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HomeMy WebLinkAboutContract CAG-02-194 1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIMULATED SUM Jb AGREEMENT made as ofthe�daylof iheyearofQQa THIS DOCUMENT HAS IMPORTANT LEGAL (In words,indicate day,month and^r) CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH BETWEEN the Owner: RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF (Name,address and other information) THIS ELECTRONICALLY DRAFTED AIA City of Renton DOCUMENT MAY BE MADE BY USING AIA 1055 S. Grady Way DOCUMENT D401. Renton. WA 98055 AIA Document A201-1997,General and the Contractor: conditions of the Contract for (Name,address and other information) Construction,is adopted in this document Precision Earthworks. Inc. by reference.Do not use with other 14231 Lake Road, Suite 300 general conditions unless this document is modified. Lynnwood. WA 98037 This document has been approved and endorsed by The Associated General The Project is: Contractors of America. (Name and location) Gene Coulon Memorial Beach Park Nisqually Earthquake Rehabilitation The�ffehiteet Engineer is: (Name,address and other information) Kamyar Nikzad, PE KPFF. Engineers 1601 Fifth Ave.. Suite 1600 Seattle, WA 98101 206-622-5822 The Owner and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the T, W entire and integrated agreement between the parties hereto and supersedes prior negotiations, ';:' representations or agreements, either written or oral. An enumeration of the Contract Documents,other than Modifications,appears in Article 8. 01997 AIA® AIA DOCUMENT A101-1997 ARTICLE 2 THE WORK OF THIS CONTRACT OWNER-CONTRACTOR AGREEMENT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. The American Institute of Architects 1735 New York Avenue, N.W. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION Washington,D.C.20006-5292 O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-309AA COULON NISQUALLY EARTHQUAKE REHABILITATION.AIA--12/912002.AIA License Number 1008538,which expires on 9/3/2003. 1 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date ofcommencement ifit differs from the date of this Agreement or,ifapp/icable,state that the date will be fixed in a notice to proceed.) Date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests,the Owner's time requirement shall be as follows: THIS DOCUMENT HAS IMPORTANT LEGAL 3.2 The Contract Time shall be measured from the date of commencement. CONSEQUENCES.CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than MODIFICATION.AUTHENTICATION OF days from the date of commencement,or as follows: THIS ELECTRONICALLY DRAFTED A/A (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of DOCUMENT MAY BE MADE BY USING A/A commencement. Unless stated elsewhere in the Contract Documents,insert any requirements for earlier Substantial DOCUMENT D401. Completion ofcertain portions ofthe Work.) Work in or on waterway must be completed by December 27, 2002. All other work to AIA Document A201-1997,General be completed by January 31. 2003. conditions of the Contract for Construction,is adopted in this document subject to adjustments of this Contract Time as provided in the Contract Documents. by reference.Do not use with other (Insert provisions,if any,for liquidated damages relating to failure to complete on time or for bonus payments for general conditions unless this document is early completion ofthe Work.) modified. For each calendar day after date established by the above allowed time that any portion of the work remains incomplete and any portion of the building that remains This document has been approved and unavailable for occupancy (in the Owner's sole judgment). the Sum of two hundred endorsed by The Associated General ($200.00) Dollars, not to be construed in any sense a penalty, but as fixed, agreed, Lontractors ofAmerica. liquidated damages occurred by the Owner for failure of the Contractor to meet the schedule completion dates. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One hundred seventy- one thousand, two hundred sixty-seven Dollars and fifty-two Cents (s 171.267.52 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.Ifdecisions on other alternates are to be made by the Ownersubsequent to the execution of this Agreement,attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires) e� Not applicable. 4.3 Unit prices,if any,are as follows: Not applicable. '�s'+ 'rti ARTICLE 5 PAYMENTS 01997 AIA® 5.1 PROGRESS PAYMENTS AIA DOCUMENT A101-1997 5.1.1 Based upon Applications for Payment submitted to the teet-Engineer by the OWNER-CONTRACTOR AGREEMENT Contractor and Certificates for Payment issued by the Ar-chitec4 Engineer, the Owner shall The American Institute of Architects make progress payments on account of the Contract Sum to the Contractor as provided below 1735 New York Avenue, N.W. and elsewhere in the Contract Documents. Washington, D.C.20006-5292 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,-1967, 1 1977, 1987, 0 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-309AA COULON NISQUALLY EARTHQUAKE REHAB ILITATION.AIA--12/9/2002.AIA License Number 1008538,which expires on 9/3/2003. 2 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: 5.1.3 Pr-eked Appheation fer-Payment4 received 4he "_ hiteet ter tka -if aii Applireation for-Payment is r-eeeived by the Ar-ehiteet after-the appheatieft date the d&y of a menth,the 0-,ffier-shall make payiitent to the Gentmeter-not later-than the day-,of- ftwd abeam peyflietrt mall-be made*-the Owner met-httef 4heft--days-eft-the ^_mot- -theApphEatiefl-feF Paytnent.--The Owner shall provide the Contractor with an Accounts Payable Calendar listing the cutoff dates for submissions of an Application THIS DOCUMENT HAS IMPORTANT LEGAL for Payment. An Application for Payment must be submitted to the Engineer a CONSEQUENCES.CONSULTATION WITH minimum of two (2) weeks before a cutoff date to be included in that billing Cycle AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR payment date' MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 5.1.4 Each Application for Payment shall be based on the most recent schedule of values DOCUMENT MAY BE MADE BY USING AIA submitted by the Contractor in accordance with the Contract Documents. The schedule of DOCUMENT D407. values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its AIA Document AXI-7997,General accuracy as the Architect may require. This schedule, unless objected to by the "-Ehiteet;_Conditions of the Contract for Engineer shall be used as a basis for reviewing the Contractor's Applications for Payment. Construction,is adopted in this document by reference.Do not use with other 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion general conditions unless this document is of the Work as of the end of the period covered by the Application for Payment. modified. This document has been approved and 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress endorsed by The Associated General payment shall be computed as follows: Contractors of America. 1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A2o1-1997. .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of Five percent(5 0/6); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Aafhiteet Engineer has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2oi-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: , 1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the AfEhiteet 01997 AIA® Engineer shall determine for incomplete Work, retainage applicable to such work AIA DOCUMENT AIOI-1997 and unsettled claims;and OWNER-CONTRACTOR AGREEMENT (Subparagraph 9.8.5 of AIA Document Awi-j_997 requires release ofapphcable retamage upon Substantial The American Institute of Architects Completion of Work with consent ofsurety,ifany.) 1735 New York Avenue, N.W. Washington, D.C.20006-5292 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 9 7, 1974, 1977, 1987, m 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-309AA COULON NISQUALLY EARTHQUAKE REHABILITATION.AIA--12/9/2002.AIA License Number 1008538,which expires on 9/3/2003. 3 �..r ` o, .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201-1997• 5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work,to reduce or limit the retainage resulting from the percentages inserted in Clauses Sr.6.t and 51.6.2 above, and this is not explained elsewhere in the Contract Documents,insert hereprovisions forsuch reduction or limitation.) Retainage shall be five percent(5%)of the Contract Sum until final payment. 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance THIS DOCUMENT HAS IMPORTANT LEGAL payments to suppliers for materials or equipment which have not been delivered and stored at CONSEQUENCES.CONSULTATION WITH the site. AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF 5.2 FINAL PAYMENT THIS ELECTRONICALLY DRAFTED AIA 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be DOCUMENT MAY BE MADE BY USING AIA made by the Owner to the Contractor when: DOCUMENT D401. 1 the Contractor has fully performed the Contract except for the Contractor's AIA Document A201-1997,General responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document Conditions of the Contract for A2o1-1 and to satisfy other requirements, if any, which extend beyond final Construction,D adopted in this document 997 by reference.Do not use with other payment;and general conditions unless this document is modified. .2 a final Certificate for Payment has been issued by the meet Engineer. This document has been approved and .3 Affidavits of Wages Paid have been certified by the Washington State Dept. Of endorsed by The Associated General Labor and Industries. ContractorS of America. .4 Proof of Taxes paid has been certified by the Washington State Dept. of Revenue. .5 Proof of release of any labor, material or other claims against retainage has been submitted to the City. .6 Passage of the statutory time for filing lien claims without any such filing or if there are any lien claims filed, failure to prosecute those claims within statutory times or if timely prosecuted, final judgment. 5.2.2 The Owner's final payment to the Contractor shall be made no later than 3o days after the issuance of the final Certificate for Payment,or as follows: ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A2o1-1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA W- 4, A2o1-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS 01997 AIA® 7.1 Where reference is made in this Agreement to a provision of AIA Document A2o1-1997 AIA DOCUMENT AIOI-1997 or another Contract Document, the reference refers to that provision as amended or OWNER-CONTRACTOR AGREEMENT supplemented by other provisions of the Contract Documents. The American Institute of Architects 1735 New York Avenue, N.W. Washington,D.C.20006-5292 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1997, 1974, 1977, 1987, m 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-309AA COULON NISQUALLY EARTHQUAKE REHABILITATION.AIA--12/9/2002.AIA License Number 1008538,which expires on 9/312003. 4 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon,ifany.) Not applicable. Usury laws and requirements under the federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places ofbusiness,the location of theTroject and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or wai vars.) THIS DOCUMENT HAS IMPORTANT LEGAL 7.3 The Owners representative is: CONSEQUENCES.CONSULTATION WITH (Name,address and otherinformation) AN ATTORNEY IS ENCOURAGED WITH Jon Jainga RESPECT TO ITS COMPLETION OR City of Renton. Community Services Adminstration MODIFICATION.AUTHENTICATION OF 1055 S. Grady Wax THIS ELECTRONICALLY DRAFTED AIA Renton, WA 98055 DOCUMENT MAY BE MADE BY USING AIA 425-430-6602 DOCUMENT D401. AIA Document A201-1997,General 7.4 The Contractor's representative is: Conditions of the Contract for (Name,address and other information) Construction,is adopted in this document Julie Schauss by reference.Do not use with other Precision Earthworks. Inc. general conditions unless this document is 14231 Lake Road, Suite 300 modified. Lynnwood, WA 98037 This document has been approved and 425-742-1276 endorsed by The Associated General Contractors of America. 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: Not applicable. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement,are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,AIA Document A1o1-1997• 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Document A2o1-1997. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated November 13. 2002,and are as follows: Document Title Pages e Section 00700 General Conditions 1 Section 00800 Special Conditions 2 01997 AIA® --p AIA DOCUMENT A101-1997 Section 00900 Fair Practices Policy Affidavit of Comp. Form 1 OWNER-CONTRACTOR AGREEMENT Section 00910 Bond to the City of Renton 1 Section 00920 Insurance Requirements 3 The American Institute of Architects 1735 New York Avenue, N.W. Washington,D.C.20006-5292 ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, O 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-309AA COULON NISQUALLY EARTHQUAKE REHABILITATION.AIA--12/9/2002.AIA License Number 1008538,which expires on 9/3/2003. 5 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3,and are as follows: (Eitherbst the Specifications here orrefer to an exhibit attached to this Agreement.) Section Title Pages 01010 Summary of Work and Sequences 1 01027 Application for Payment 1 01028 Change Orders 2 01300 Submittals 5 THIS DOCUMENT HAS IMPORTANT LEGAL 01410 Environmental Regulatory Requirements 6 CONSEQUENCES.CONSULTATION WITH 01500 Construction Facilities. Utilities, & Temp. Controls 2 AN ATTORNEY IS ENCOURAGED WITH 01700 Project Closeout 2 RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF 8.1.5 The Drawings are as follows,and are dated unless a different date is shown below: THIS ELECTRONICALLY DRAFTED AlA (Either list the Drawings here or refer to an exhibit attached to this Agreement.) DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. Number Title Date AIA Document AX 1-1997,General S1 Cover Sheet 06/02/02 Conditions of the Contract for C1 BMP Plan 05/02 Construction,is adopted in this document by reference.Do not use with other C2 BMP Details 05/02 general conditions unless this document is S2 Site Plan 1 04/02 modified. S3 Site Plan II 04/02 S4 Photos 04/02 This document has been approved and S5 Sections and Details 04/02 endorsed by The Associated General S6 Sections and Details 04/02 Contractors of America. S7 Sections and Details 04/02 S8 Sections and Details 04/02 8.1.6 The Addenda,if any,are as follows: Number Date Pages Addendum#1 November 20, 2002 1 Addendum#2 November 22, 2002 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents,if any,forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A2on- r997 provides that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here onlyifintended to be part of the Contract Documents.) 02050 Demolition and Disposal 3 02100 Clearing. Grubbing and Cleanup 2 02230 Base Course 3 :� ;:' 02270 Temporary Erosion/Sediment Control Planning/Exec 15 02513 Asphalt Concrete Pavement 2 03100 Concrete Formwork 5 ®1997 AIA® AIA DOCUMENT A101-1997 03200 Concrete Reinforcement 5 OWNER-CONTRACTOR AGREEMENT 03210 Resin Bonded Anchors 3 03300 Cast-In-Place Concrete 6 The American Institute of Architects 03732 Concrete Crack Repairs-Epoxy Injection 5 1735 New York Avenue, N.W. 03736 Concrete Spall Repairs 5 Washington, D.C. 20006-5292 © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-309AA COULON NISQUALLY EARTHQUAKE REHABILITATION.AIA--12/9/2002.AIA License Number 1008538,which expires on 9/3/2003. 6 0$100 Rough Carpentry 5 %woe 06311 Preservative-Treated Lumber 3 This Agreement is entered into as of the day and year first itten above and is executed in at least three original copies, of which one is to be de ' ere to the Contractor, one to the Architect for use in the administration of the Contract and th remainder to the Owner. 9... THIS DOCUMENT HAS IMPORTANT LEGAL OVM ER (Signature) TRACTOR (Signature) CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH �V �'�' RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF Jesse Tanner Mayor Precisio h OrkFs— C. HISELECTRONICALLY DRAFTED AIA (Punted name and title) (Printed na a and title) DOCUMENT MAY BE MADE BY U51NG AIA DOCUMENT D401. ATTEST AIA Document A201-1997,General Conditions of the Contract for Construction,is adopted in this document by reference.Do not use with other ci general conditions unless this document is Bonnie Walton.Citv Clerk modified. This document has been approved and endorsed by The Associated General Contractors of America. �aa :m f 01997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington,D.C.20006-5292 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, m 1997 by The American n—s—Mi to o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-309AA COULON NISQUALLY EARTHQUAKE REHABILITATION.AIA--12/9/2002.AIA License Number 1008538,which expires on 9/3/2003. 7 � -� cl- GENE COULON MEMORIAL BEACH PARK NISQUALLY EARTHQUAKE REHABILITATION .................. _ G -N r M CITY OF RENTON ' COMMUNITY SERVICES DEPARTMENT PARKS MAINTENANCE DIVISION n . -1055 SOUTH GRADY WAY RENTON, WASHINGTON 98055 November 13, 2002 PROJECT SPECIFICATIONS OEJB-SZ9 (90Z) xey ZZ85-ZZ9 (90Z) 10M uoj,,UNSVM 'apa- try 3 eV 006 al/ng 'anuaAV pJly E 12BHS aSAOO Si $WW T. siaau18u3 8up)nsu03 /IOdd No-inoo F N019A3i1 uva ® NOINgH 4O )WO E Z W W 2 Q � � W L1J o 0 co 0 Z Q LLJ _o �w ;v 'Sh� 8Qs. z° IM 7 V � _ � C —� aQsQq°w n� EsQyoo < uSp�C_7yy 'sp� � �ua � Y <Q7 NC.7U OW Wl� S2J'SJ 33720000 O dtL�C V1N to NIL-1�-F��':'c — �o� $rf1_< sppyy c�x< ;J�aan((��pp JJ (� $�°IJ-�'f CLC � <mU4Y�UUO���V S S J��313 Z 000�G1�11�CNNN NNI-f-��3 3 3 W W V W J J J J cc W r-� I— 0--4 ►—I d Q Q Q F— I— F— I- LL-I W W W w CI M C1 m w- •-" m ♦^ w 0- ,J-'_, z z ¢ a z W Z � ¢ ►a Qd cn (nLf) J W Z Z Z Z z Wn- oaCLC> 0oo0 W W O D U 'U U 0 < O =E =9 �~-I = W W W W U m m (n (n m (n (n (n (n cc CO W W Ilk m N N (n d- (n 00 U (n to Cn cn (n U V) (n co Cn (/) Z W • Z W O z Q cc 0 UL O z V 'elxd0 S33ax --- L=L 1H0RJ WV ZZ:19:6 ZOOZ 'CL 'NM Wd NOInO3 NO1N3N 10 A110 6'66166 M314 101d 3111 ,dad, 31VOS!Old A8 031VOdn 3VILI V 31V0 031101d 319VN BOP i 80r OMO'lS-d7 X91510 ur N11M17 Nnl N7)I 40 AI11 Bgl66 .A :lWVN A Nltl.! 711! GENE COULON MEMORIAL BEACH PARK NISQUALLY EARTHQUAKE REHABILITATION TABLE OF CONTENTS TITLE NUMBER OF PAGES Table of Contents 2 DIVISION 0- BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00020 Synopsis of Bidding Information 2 00030 Invitation To Bid 1 00040 Bid Submittal Checklist 1 00100 Instructions to Bidders 3 00300 Bid Form 4 00400 Non-Collusion, Anti-Trust, & Minimum Wage Form 1 00500 Contract 1 00700 General Conditions 1 00800 Special Conditions 2 00900 Fair Practices Policy Affidavit of Compliance Form 1 00910 Bond To The City Of Renton Form 1 00920 Insurance Requirements 3 DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work and Sequences 1 01027 Application for Payment 1 01028 Change Orders 2 01300 Submittals 5 01410 Environmental Regulatory Requirements 6 01500 Construction Facilities, Utilities, and Temporary Controls 2 01700 Project Closeout 2 DIVISION 2 to 6 TECHNICAL SPECIFICATIONS 02050 Demolition and Disposal 3 02100 Clearing, Grubbing and Cleanup 2 02230 Base Course 3 02270 Temporary Erosion and Sediment Control Planning and Execution 15 02513 Asphalt Concrete Pavement 2 03100 Concrete Formwork 5 03200 Concrete Reinforcement 5 03210 Resin Bonded Anchors 3 03300 Cast-In-Place Concrete 6 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION TC - 1 TABLE of CONTENTS GENE COULON MEMORIAL BEACH PARK NISQUALLY EARTHQUAKE REHABILITATION TABLE OF CONTENTS 03732 Concrete Crack Repairs-Epoxy Injection 5 03736 Concrete Spall Repairs 5 06100 Rough Carpentry 5 06311 Preservative-Treated Lumber 3 DRAWINGS S1 Cover Sheet w C1 Best Management Practices (BMP) Plan C2 BMP Details S2 Site Plan I S3 Site Plan II S4 Photos S5 Sections and Details S6 Sections and Details S7 Sections and Details S8 Sections and Details COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION TC -2 TABLE OF CONTENTS t I if3f i 9 f t r BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT DIVISION 0 11/22/02 FRI 11:16 FAX 425 430 6603 RENTON COMMUNITY SRVCS 1@001 IV 'y City of Renton �A'��q q��i 11 /a v3 + N ♦ Community Services 1055 South Grady Way Renton, WA 98055 Date: 11/22/02 TO: Planholders for Gene Coulon FROM: April Alexander Mem. Beach Park Nisqual/y for Jon Jainga, Earthquake Rehabilitation Project Manager Phone: Phone: 425-430-6600 Fax Phone: Fax: 425-430-6603 LSUBJECT: Addendum #2 I Number of pages including cover sheet. 2 REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please [ For your be mailed ASAP comment review Please acknowledge receipt of Addendum #1 s endum #2 by completing the form below and fax back to April Alexande , 425-430 r (p(Q62;. COMPANY NAME: Yes No received Addendum #1 Yes No received Addendum #2 R E NTON AHEAD OF THE CURVE 11/22/02 FRI 11:16 FAX 425 430 6603 RENTON COMMUNITY SRVCS IM002 GENE COULON MEMORIAL BEACH PARK NIQUALLY EARTHQUAKE REHABILITATION ADDENDUM#2 GENE COULON MEMORIAL BEACH PARK NISQUALLY EARTHQUAKE REHABILITATION Renton, WA Distributed to All Current Plan Holders of City Record 22 November 2002 The Addendum forms part of the Contract Documents and modifies the original Bidding Documents as noted below in "Modifications to the Plan Sheets and Project Manual Project Manual for Gene Coulon Memorial Beach Park Nisqually Earthquake Rehabilitation, November 13, 2002 Plan Sheets S1 through S6, C1 through C2 If in conflict with previously issued Contract Documents, this Addendum will supplement and supercede applicable portions of the Contract Documents and shall be reflected in all Bid Proposals. Modifications to the Proiect Manual Item 1: Section 00020, Item D_- D. BIDS DUE: Tuesday, November 25, 2002; 3:00 PM Renton City Hall — Seventh Floor—City Clerk's Office After Bids are received and time-stamped by the City Clerk, the bids will be opened in the Conference Room #521 on the Fifth floor of City Hall. REPLACE IN ITS ENTIRETY WITH: D. BIDS DUE: Monday, November 25, 2002; 3:00 PM Renton City Hall — Seventh Floor—City Clerk's Office After Bids are received and time-stamped by the City Clerk, the bids will be opened in the Conference Room #521 on the Fifth floor of City Hall_ ADDENDUM #2 = 1 PAGE TOTAL 2001-297aa Addendum#2 PAGE 1 11/21/02 THU 16:00 FAX 425 430 6603 RENTON COMMUNITY SRVCS 1@001 lY � V Lfr City of Renton ♦ ~ Community Services 1055 South Grady Way Renton, WA 98055 pate: 11/21/02 TO: Planholders for Veterans FROM: Jon Jainga - Mem. Beach Park Nisqually Project Manager Earthquake Rehabilitation Phone: - Phone: 425-430-6602 Pax Phone: Fax: 425-430-6603 SUBJECT: Addendum #1 I Number of pages including cover sheet. REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please [ For your be mailed ASAP comment review We are not faxing to you the copies of the permits relevant to this project due to the number of extra pages (15). All planholders received addendum#1 and the additional 15 pages. R E�N�T�ON AHEAD OF THE CURVE 11/21/02 THU 16:00 FAX 425 430 6603 RENTON COMMUNITY SRVCS Z002 GENE COULON MEMORIAL BEACH PARK NIQUALLY EARTHQUt:KE REHABILITATION ADDENDUM#1 GENE COULON MEMORIAL BEACH PARK NISQUALLY EARTHQUAKE REHABILITATION Renton, WA Distributed to All Current Plan Holders of City Record 20 November 2002 The Addendum forms part of the Contract Documents and modifies the original Bidding Documents as noted below in "Modifications to the Plan Sheets and Project Manual": Project Manual for Gene Coulon Memorial Beach Park Nisqually Earthquake Rehabilitation, November 13, 2002 Plan Sheets S1 through S8, C1 through C2 If in conflict with previously issued Contract Documents, this Addendum will supplement and supercede applicable portions of the Contract Documents and shall be reflected in all Bid Proposals. Modifications to the Prolect Manual Item 1: Section 00020, Item G_: G. BID SECURITY: None. REPLACE IN ITS ENTIRETY WITH: G. BID SECURITY: Minimum 5% of bid submitted as cash, certified check, bid bond, or cashiers check. Additional Instructions Item 1: Each Bid Item to include the Best Management Practices (BMP) specific, as called out on Sheet C1 of the plan. Item 2: Full-size plans are available for"pick up" only at Renton City Hall, fifth floor_ Item 3: Copy of the permits are attached. The Contractor is responsible for all compliance. ADDENDUM #1 = 1 PAGE TOTAL (plus following 15 pages —copies of permits) 2001-294aa Addendum#1 PAGE 1 SECTION 00020 - SYNOPSIS OF BIDDING INFORMATION A. PROJECT: GENE COULON MEMORIAL BEACH PARK NISQUALLY EARTHQUAKE REHABILITATION 1201 Lake Washington Blvd. North Renton, WA 98055 B. OWNER: City of Renton 1055 South Grady Way Renton, WA 98055 C. OWNERS REPRESENTATIVE: Leslie Betlach, Parks Director Community Services Department City of Renton 1055 South Grady Way Renton, WA 98055 Phone (425) 430-6600 FAX (425) 430-6603 D. BIDS DUE: Tuesday, November 25, 2002; 3:00 PM Renton City Hall - Seventh Floor- City Clerk's Office After Bids are received and time-stamped by the City Clerk, the bids will be opened in the Conference Room #521 on the Fifth Floor of City Hall E. TENTATIVE SCHEDULE OF WORK: The following dates represent the tentative schedule for the Work to be performed under this contract : Plans Available for Bidding November 12, 2002 Pre-Bid Site Walk-Thru 12:45 PM November 19, 2002 Bids Due 3:00 PM November 25, 2002 F. TIME OF CONSTRUCTION: Construction must be performed between December 5, 2002 and January 31, 2003. Liquidated damages thereafter at five-hundred dollars ($500) per day. All work in and/or above waterways MUST BE completed by DECEMBER 27, 2002. G. BID SECURITY: None 00020-1 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION SYNOPSIS OF BIDDING INFORMATION H. PERFORMANCE BOND & PAYMENT BOND: 100% of contract amount I. WAGES: Pay state prevailing wages rates. J. TYPE OF CONTRACT: Single lump-sum contract encompassing all work END OF SECTION 00020-2 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION SYNOPSIS OF BIDDING INFORMATION SECTION 00030 - INVITATION TO BID GENE COULON MEMORIAL BEACH PARK NISQUALLY EARTHQUAKE REHABILITATION You are invited to submit a sealed bid for the Gene Coulon Memorial Beach Park-Nisqually Earthquake Rehabilitation located at 1201 Lake Washington Blvd. North, Renton, Washington. Bids are due at the Office of the City Clerk, Seventh Floor, City Hall, 1055 South Grady Way, Renton, WA, 98055 at 3:00 PM, Tuesday, November 25, 2002; and will be opened and publicly read in Room 521, fifth floor. Bids received after the specified time and date will not be considered. The project consists of removing, regrading and resetting 44 underwater precast units for the boat launch, repairing timber walkways and concrete walkways, replacing concrete gutters and repairing asphalt concrete pavement, and replacing expansion joints on concrete waterwalks. Bidders are required to have previous, multiple project experience in over-water and in-water construction. An approximate estimated cost is $200,000.00 (two hundred thousand dollars and no cents). Bid documents may be obtained at the Community Services Administration Office located at Renton City Hall, 1055 South Grady Way, Fifth Floor, Renton, WA, 98055, phone (425) 430-6600, fax (425) 430-6603. A non-refundable fee of$20.00 (check only, payable to the City of Renton) shall be charged for each set of documents. If mailed, there is an additional non-refundable fee of$5.00 per set. Questions and requests for bidding documents shall be addressed to Renton Community Services Administration. A pre-bid walk-thru will be held on Tuesday, November 19, 2002 at 1:00 PM at Gene Coulon Memorial Beach Park located at 1201 Lake Washington Blvd. North, Renton, WA. Meet in the Boat Launch area no later than 12:45 PM. Attendance by bidders is highly recommended. Bonnie Walton, City Clerk Published: November 9, 2002 Published: November 16, 2002 Seattle Daily Journal of Commerce 00030-1 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION INVITATION TO BID w SECTION 00040 - BID SUBMITTAL CHECKLIST The following items are required to be submitted for the Bid. Other forms not listed below but included in these Specifications are for informational purposes and need only be executed by the successful °w Contractor. M" LIST OF REQUIRED SUBMITTALS �. ❑ Bid Proposal Form (Section 00300) ❑ Combined Affidavit and Certification (Section 00400) ❑ Bid Bond Form (Section 00100) ❑ Certificate of Insurance (example of certificate and City insurance guidelines follow this page; 1 00 must be filled out and completed with bid submittal) ❑ Five references of similar work performed (last five; references must be available for phone ow interview the week of November 25, 2002) VW .. +w. E I COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION 00040-1 BID SUBMITTAL CHECKLIST i ACORD 110ERTIFICATE OF LIABILITY INSURANCE: , Date Producer: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR r ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: Fax: INSURERS AFFORDING COVERAGE Insured INSURER A ow INSURER B INSURER C INSURER D INSURER E r COVERAGES„ n ,' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH IN* RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN RECUED BY PAID CLAIMS. 1NSR Policy Effective Policy Expiration Limits Ur Type of Insurance Policy Number Date(MM/DD/YY) Date(MM/DD/YY) r General Liability Each Occurrence $ 1,000,000 A ® Commercial General Liability Fire Damage(any one fire) $ 50,000 ❑ ❑ Claims Made ®Occur Med Exp(any one person) $ 5,000 vlr ❑ Owners&Contractors prot Personal&adv Injury $ 1,000,000 ❑ General Aggregate $ 2,000,000 Gen't Aggregate Applies Per Products—Comp/Op Agg $ 19000,000 ❑ Policy❑ Project ❑Loc Automobile Liability Combined Single Limit ® Any Auto (Ea accident) $ 1,000,000 ❑ All Owned Autos Bodily Injury(Per person) $ ❑ Scheduled Autos Bodily Injury(Per accident) $ ❑ Hired Autos Property Damage $ ❑ Non-Owned Autos (Per accident) *W ❑ Garage Liability Auto Only—Ea Accident $ ❑ Any Auto N/A Other than Each Accident $ ❑ Auto Only Aggregate $ VW ❑ $ Excess Liability Each Occurrence $ ❑ Occur ❑ Claims Made Aggregate $ ❑ Deductible ❑ Retention Workers Compensation and ❑ WC Statu- ❑ Oth- wo Employers Liability tory limits er EL Each Accident $ EL Disease—EA Employee $ EL Disease—Policy Limit $ me Other `DESCRIPTION OF OPERATIONS/LOCATRIONS/VEHICLES/SP,ECIAL ITEMS" aw City of Renton is named as an additional insured CERTIFICATE HOLDER: X Additional Insured;iniurer Letter"'" A CANCELLATION Should any of the above described policies be cancelled before the expiration date ow City of Renton thereof,the issuing insurer will mail 45*days written notice to the certificate Attn: holder named to the left. 1055 South Grady Way Renton WA 98055 Authorized Representative w Q:\DATA—Center\Forms\City\Contracts\ACORD3.doc ACORD.DOT 11/99 bh it Certificate of Insurance Guidelines he following is an attempt to further clarify the requirements that are mandated by the City of Renton in reference to projects/ vents and the limits of insurance coverage you are expected to provide the City. First and foremost, it is important to remember lat the limits being shown in the attached form are only minimum limits. There may be times when the project/event will need dditional coverage in some areas. 1. General Liability: Insurance protecting the person or orga- nization from liability exposures. Make sure that the Com- mercial General Liability and Occurrence(Occur)boxes are J checked. There are several areas in the General Liability -FNEPAL LMILITY area. These we designate as"limits". #1 cowAERCIAL GENERAL LIABILITY T� CLAIMS MADE OCCUR • 14 Al LI3MARS Limits:The amount of insurance coverage the insured (you, a EACH OCCURRENCE 1 'Q00'000 in this case) has purchased. b FIRE DAMAGE (Any one fire) $ 50,000, a. Each Occurrence: amount is the most the insurance policy will pay for one occurrence. This limit is$1,000,000 minimum, C MED EXP(Any one person) $ 5,000 subject to increase. d PERSONAL&ADV INJURY $ 1 000 00.0 b. Fire Damage: amount is the most the insurance policy will 2,000,000 pay fora fire that you are responsible for in premises that you e GENERAL AGGREGATE $ lease or that are in your care,custody or control. This number is pretty standard at$50,000. f PRODUCTS-COMP/OP AGG $ 1 ,000,000 c. Medical Expenses(Any one person):this is"no-fault"medi- 2e. General Aggregate: this amount is the most the insurance cal expense insurance provided to other parties injured dur- policy will pay during the policy regardless of the number of ing the event/project on the property. This is required for all claims. This limit is$2,000,000.There are few exceptions to projects/events conducted in the City. this minimum limit. d. Personal & Advertising Injury: provides$1,000,000 cover- 2f. Products-Completed Operations Aggregate: This is the age for personal injury (not bodily injury) including slander, most the insurance policy will pay for liabilities arising out of libel, false arrest, malicious prosecution, invasion of privacy the Products-Completed Operations exposure. This cover- and advertising liability for exposure of any advertising activi- age is generally provided with the General Liability policy.The W& minimum limit here is$1,000,000. This provides for products or business operations conducted away from your premises I �IL. I.IIt:IN once the project/event is completed or abandoned. ff3 ANY ` '0 COMBINED SINGLE LIMIT ; 1 00� 000 a (Ea accident) > > ALL OWNED AJffOS bBODILY INJURY �+� (Per person) ;SCHEDULED HEE LED AUTOS BODILY INJURY C ; (Per accident) . d PROPERTY DANO-GE (Per accident) :NM OWNED AUTOS 3a. Combined Single Limit:This is the most the insurance policy will payfor bodily injury and property damage combined for each accident. This limit is $1,000,000. This area of cover- age includes both the Bodily Injury and the Property. Automobile Liability:This coverage insures against liability 3b. Bodily Injury(per person):This is what the insurance policy u would pay for bodily injury to one person from the accident. claims arising out of the use of acovered auto. The box Any Auto°should be checked. This area of coverage is determin- Not needed if Combined Single Limit is in effect. able on whether any vehicles will be used during the project/ 3c. Bodily Injury (Per accident): This is what the insurance event. If there will not be any automotive involvement,there policy would pay for bodily injury from each accident,regard- will be no need for this coverage. less of the number of persons injured. Not needed if Com- bined Single Limit is in effect. 3d. Property Damage:This is what the insurance policy would pay for third party property damage resulting from one acci- More information on back. dent during your project/event. = $9 L"My 4. Excess Liability: Provides liability coverage on top of the primary(General and Auto) General liability policy and m, 4C t�R CLAIMS MADE provide excess limits over Auto Liability. If you are unable provide the limits for the General Liability and Auto Liability, this area needs to be filled in to provide an'umbrella"form of coverage that, when added to the General and Auto LiabF ties,will meet or exceed the limits required by the City. M-EP4 COMPENSAMN AND 5. Workers Compensation and Employers'Li Please Ilst state number on certificate, where indicated. If number is not known, provide copy of State Certificate of Worker. Comp Coverage. If self-insured, please indicate on the ce tificate. 6. Other:This area is designated for any other coverage that #6 may apply to your individual project/event needs, such ac Professional Liability. XSCFJPnON OF OPERA nONS/LOCATIONS'VEHICLESUCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PRmSIONS #7 Description of Operations/LocationsNehicles/Special Items:This section is provided for descriptive text regarding the project/ event. Please fill out with any assigned numbers,project/event names, contact people,etc. You may add the additional insure language in this area;however,you will need to provide the City with an Additional Insured Endorsement,as well. Sancellation Clause:The City of Renton requires a non- CANCELLATION qualified cancellation clause.Therefore,the cancellation lan- guage must read as follows:`Should any of the above-de- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE scribed policies be cancelled before the expiration date THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY wILL MAIL45 DAYS thereof,the issuing company will mail 4 days written notice WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTOTHE LEFT. to the certificate holder named to the left. )ESCRIPTION OF OPERA nONSILOCAnONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS #9 City of Renton named as additional insured Additional Insured Status:The City must be named as an additional insured on all projects/events where insurance is required. Although the proper wording may appear in the"Descriptions"box, it is still necessary for the Additional Insured Endorsement to be provided as well ACORDTM CERTIFICATE OF LIABILITY INSURANCE nooDUCER FAX THIS CERTIFICATE IS ISSUED AS A MATTZR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE V4URED NSURER A MSURER B: INSURER C: *ORFER D: INSURER E: COVERAGES THE POLICIES OF 04SURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. w ECTTVE POLICY EXPIRATION LTR TYPE OF P SURANCE POLICY NUMBER DATE MM DATE tM Z LIMITS LlAeam a) EACH OCCURRENCE $ 1 ,000,000 Cp,WERC�GNTERAL LIABILITY b' FIRE DAMAfE Viv ar wI $ 0.000- otA*4 MAC 1101 OCCUR C MM E(P(AV 5,000 d) PERsow&ADv f9. w s 1 000,000 e) GENERAL AGGREGATE t 2,000,000 GM AGGREGATE LIMIT APPLIES PER- f) PRODUCTS-CCW/OPAGG i 1 ,000,000 POLICY LOC Awrwce L`LuGLITY a) CON48 M SIN C4-E LUG t 1 ,000,000 ANY AUTO 3 ALL OV*ED AufOS BODILY K MT2Y SCFED(LEDAUrOs b) (PK wrs«q i HIRED AUTOS C) (BODILI Y t NONI�A1R05 -PROPERTY d) I� LIw.,AGE t CARAGE LIABLM AFfO ONLY-EA ACCIDENT t ANY AM N/A OTHER 71-M EA ACC t AUTO ONLY: AC-6 t MWESS LABLRY Q EACH� 4'j OCCUR s L AGGREGATE S DE»ucTlaE t RETEHrX)N s t VVO COMPENSATION AND I TORY LM.pTS I ER 5 BRI.OYEW UARKM El.EACHACCCEM ' t E.L.DISEASE-EA EMPLOYEE t E.L.DISEASE-POLICY LMIT i OTHER �6 DESIWTIDN OF OPERATXX4&OCATMXC VEHMESIEXCLUSIONS ADDED BY ENOORSEMENTAPECLLL PROVISIONS #7) City of Renton is named as an additional insured {#9) CERTIFICATE HOLDER ADDITIONAL INSURED:MNSURER LETTER CANCELLATION SHOULD ANY OF THE P&OVE DESCREEO POLICIES BE CANCELLED BEFORE THE City Of Renton EXPIRATION DATE TIEREOF,THE ISSU04 COMPANY WILL the MAL DAYS VVRRT EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: 1055 South Grady Way - 7th flr Renton, WA. 98055 AUTHORIZED rZMSQ(TATNE wuwn�on r�o onOaTMN 14RR ow SECTION 00100 - INSTRUCTIONS TO BIDDERS as or A. BIDDERS REPRESENTATIONS The Bidder, by making a Bid represents that he has read and understands the Bidding "" Documents and the Bid is made in accordance therewith. He has also visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the bidders personal observations with the requirements of the proposed ow Contract Documents. Bid shall include Work in conformance with all applicable State Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over the construction of the Project. B. BIDDING DOCUMENT INTERPRETATIONS „W Bidders requiring clarification or interpretation of the Bidding Documents shall contact the City's Representative at least four days prior to the date of bids due. Interpretations, corrections, and changes to the Bidding Documents will be made by Addendum issued no later than three days before bids due. C. SUBSTITUTIONS The materials, products, and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. The City's Representative shall have the final decision on the acceptability of substituted products. Bidder may obtain approval or disapproval from the Architect prior to seven days before bids due. D. BID FORMS • Bids shall be submitted on forms identical to the form included with the Bidding Documents. All blanks on the bid form shall be filled in by typewriter or manually in ink. . • Bid shall be accompanied by a signed Non-Collusion, Anti-Trust, and Minimum Wage Form (Specifications Section 00400). • A Bid Bond Form is required as part of the submittal due Tuesday, November 25, 2002.. (A copy of this form is attached for your use.) Bids submitted without completing this form will be considered non-responsive. COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION 00100-1 INSTRUCTIONS TO BIDDERS w E. SUBMISSION OF BIDS Bids shall be submitted in a sealed envelope and marked with the words "Sealed Bid Enclosed". The envelope shall also identify the project name, bidders name, and the name of the person designated to receive the bid. Bids shall be deposited at the designated location up to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened. F. OPENING OF BIDS Bids shall be publicly opened and an abstract of the Bids made available to the Bidders. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bids received. The City further reserves the right to Award a Contract in whatever manner is in the City's best interest. G. AWARD OF BID It is the intent of the Owner to award a Contract to the lowest responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. Bidders are required to have previous, multiple project experience in over-water and in-water construction. H. POST-BID INFORMATION AND DOCUMENT SUBMITTAL After Bids are opened, the Bidder to whom award of a Contract is under consideration shall submit to the City's Representative, additional documents requested in the specifications including: Standard Form of Agreement (AIA Form A101 ) City of Renton Business License Performance Bond and Payment Bond (Section 00910) City of Renton Affidavit of Compliance (Section 00900) Contractors Certificate of Insurance (Section 00920) The following document must be submitted prior to commencement of the Work and no later than 10 days after receipt of Notification of Intent To Award Contract: Statement of Intent to Pay Prevailing Wages I. NOTICE TO PROCEED A Notice To Proceed shall be given after the City Council City Attorney, the Risk 9 Y � Y Y� Manager approves the Contract, and the Contract is signed by the Mayor. COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION 00100-2 INSTRUCTIONS TO BIDDERS aw to J. TIME OF CONSTRUCTION ow All work shall be completed by January 31, 2003.. K. LIQUIDATED DAMAGES so For each calendar day after date established by the above allowed time that any portion of the work remains incomplete ( in the City's sole judgment) the sum of Five Hundred to Dollars ($500.00), not to be construed in any sense a penalty, but as fixed, agreed liquidated damages incurred by the City for failure of the Contractor to meet the scheduled No completion dates. L. CHANGE ORDER When extra work is performed under an approved Change Order and paid for by acceptable lump sum or mutually agreed prices, the contractor will be limited to a markup of 10%overhead and profit. When extra work is performed as above by a subcontractor to the general contractor, the general contractor shall be limited to a 10% markup on the subcontractors work. No further markup shall be permitted to cover any other miscellaneous costs. aw I �r+ +r COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION 00100-3 INSTRUCTIONS TO BIDDERS wW BID BOND FORM Herewith find deposit in the form of a certified check, cashier's check, cash, or bid bond in the amount raw of$ which amount is not less than five percent of the total bid. Sign here Know All Men by These Presents: aW That we, , as Principal, and ""' as Surety, are held and firmly bound unto the City of 1, Renton, as Obligee, in the penal sum of +r• Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, by these presents. Wo The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by w the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call a w for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, ;W the amount of this bond. SIGNED, SEALED AND DATED THIS DAY OF , 20_ +�w Principal Surety w Received return of deposit in the sum of$ r rw "P h:forms/contract/BIDB OND No n.. BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00300—Bid Form DATE TO: Renton City Hall 1055 South Grady Way Renton, WA 98055 aw 1. Bid: Having carefully examined the contract documents titles: GENE COULON MEMORIAL BEACH PARK NISQUALLY EARTHQUAKE REHABILITAION 00 and the drawings similarly titled, as well as the site of the project and conditions affecting the work, the undersigned proposes to furnish all the labor, materials equipment, superintendence, to insurance and other accessories and services necessary to perform and complete all the work required by and in strict accordance with the above documents and the implied intent thereof, for the following schedule of prices. fm BASE BID ■. SCHEDULE OF UNIT PRICES UNIT PRICES AMOUNT ITEM ITEMS OF WORK BID UNITS DOLLARS CTS DOLLARS CTS NO. QUANTITY 1 Mobilization 1 LS 2 "North Coulon Park—Remove, 1 LS regrade,and reset 44 underwater precast units(4ft x 16ft x 6inches)at boat launch" 3 "North Coulon Park—Repair vertical 1 LS displacement in timber walkway next to boat launch No.8" �w 4 "North Coulon Park—Replace 1 LS concrete curb and gutter and repair asphalt concrete pavement at boat launch" 5 "North Coulon Park—Replace 1 LS expansion joint at shelter on water walk" 6 "South Coulon Park—Replace 1 LS expansion joints on concrete walkway at diving and swimming area"—2 locations 100771-6/17/02 00300-1 BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00300 - Bid Form (continued) 7 "South Coulon Park—Repair spalled 1 LS concrete at south end of concrete walkway" 8 "South Coulon Park—Boathouse 1 LS Viewpoint,Remove and reinstall timber structure." 9 "South Coulon Park—Repair of 90 LF separation along soil and concrete walk way" 10 "Gene Coulon Park—Repair concrete 325 LF pavers,bedding,and crushed rock" 11 "Gene Coulon Park—Epoxy grout 360 LF injection of cracks" 12 "South Coulon Park—Epoxy grout 40 LF injection of cracks" Total Base Bid (Items 1 through 12) $ Figures Washington State Sales Tax (Items 1 through 12) $ Figures Total Base Bid including WSST (Items 1 through 12) $ Figures Total Base Bid including WSST (Items 1 through 12) Words 2. Completion: The undersigned agrees to complete all of the work included in this contract within Thirty(30) calendar days as provided for in the General Conditions. 3. Progress Pavment Retention: In accordance with RCW 60.28.010, the undersigned elects that, during the life of the contract,the money withheld from contract progress payments be retained in the financial institution indicated below. Failure to indicate a choice shall be construed as approval of Item (a). 99199—City of Renton—6/17/02 00300-2 aw BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00300 -Bid Form (continued) (a) A fund with the City of Renton w (Initials) (b) An interest bearing account with the MAIN RENTON BRANCH OF (Initials) (Name Bank, Mutual Savings Bank or S&L Assoc) ,.,. (Address) (c) Placed on deposit at the main Renton branch of a bank or trust company to be converted into bonds and securities chosen by the (Initials) Contractor and approved by the City of Renton, with said approval granted for bonds and securities listed below. Selected bonds and + + securities to be held in escrow until authorized release of retained funds. Name of Financial Institution rwr Address ow Type of Security (see authorized list below) wo (1) Bills, certificates, notes or bonds of the United States; (2) Other obligations of the United States or its agencies; (3) Obligations of any corporation wholly owned by the government of the •w United States; (4) Indebtedness of the Federal National Mortgage Association; (5) Time deposits in commercial banks doing business in the State of Washington; (6) Repurchase agreements secured by U.S. government obligations; (7) Bankers Acceptance purchased on the secondary market. NOTE: Accounts and deposits made under Items (b) and (c), above, must be in the Main Renton Office of the selected financial institution. 5. Addenda: Receipt of addenda numbered through is hereby acknowledged. 6. Legal Representation: In all legal matters relating to this contract,the undersigned will be represented by: 99199—City of Renton—6/17/02 00300-3 BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00300 -Bid Form (continued) 7. Bid Withdrawal: The above bid will not be withdrawn within thirty (30) days after the actual date of the opening thereof. 8. By submission of this bid, each bidder certifies, and in the case of a joint bid each party thereto certifies as to his own organization,that this bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this bid with any other bidder or with any competitor. FAILURE OF A BIDDER TO SUBMIT THE FORMS WITH HIS BID EXECUTED WHERE REQUIRED, MAY DISQUALIFY THE BID. SEAL (if a Corporation) Contractor An Individual Proprietor •Partnership •Corporation •Joint Venture Washington State Reg. No. since expires date Date By w Name (please print) Title Name Partners (if a Partnership): Signature Address Phone No. Zip Code END OF DOCUMENT 99199—City of Renton—6/17/02 00300-4 SECTION 00400 - NON-COLLUSION, ANTI-TRUST, AND MINIMUM WAGE FORM I NON-COLLUSION AFFIDAVIT Being duly sworn,deposes and says,that he is the identical person who submitted the forgoing proposal or bid,and ,W that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid,or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over the other Bidder or Bidders. AND CERTIFICATION RE:ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually borne by the purchaser. Therefor,vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract,except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition,vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM .. I,the undersigned, having been duly sworn,deposed,say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman,or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the o• principal contract:that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. 10 FOR: NON-COLLUSION AFFIDAVIT,ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT wr GENE COULON MEMORIAL BEACH PARK NISQUALLY EARTHQUAKE REHABILITATION taw Name of Bidders Firm on Signature of Authorized Representative of Bidder am Subscribed and sworn to before me on this day of 20 Notary Public in and for the State of Washington Residing at: 00400-1 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION NON-COLLUSION,ANTI-TRUST, MINIMUM WAGE FORM SECTION 00500 - CONTRACT 101 STANDARD FORM The Standard Form of Agreement Between the Owner and the Contractor Where the Basis of Payment is a Stipulated Sum, 1997, AIA Document A-101, as follows, Articles 1 through 8 inclusive. They are included as part of the contract. The Contractor and all subcontractors shall w„ read and be governed by them, with enclosed modifications. 6 pages of AIA document A-101 follows Iwo 00500-1 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION GENERAL CONDITIONS +`I a. 1997 Edition -Electronic Format we AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year of THIS DOCUMENT HAS IMPORTANT LEGAL (In words,indicate day,month and year) CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH BETWEEN the Owner: RESPECT TO ITS COMPLETION OR (Name,address and other information) MODIFICATION.AUTHENTICATION OF "W THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA and the Contractor: DOCUMENT D401. rrw (Name,address and other information) AIA Document A201-1997,General Conditions of the Contract for Construction,is adopted in this document The Project at by reference.Do not use with other (Name and location) general conditions unless this document is modified. The Architect is: This document has been approved and (Name,address and other information) endorsed by The Associated General Contractors of America. The Owner and Contractor agree as follows. rlr ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, 40 Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents,other than Modifications,appears in Article 8. W" ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. r. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a ,'M, ;A different date is stated below or provision is made for the date to be fixed in a notice to proceed 'm issued by the Owner. (Insert the date ofcommencement ifit differs from the date of this Agreement or,ifapplicahle,state that the date will be6xedina notice toproceed.) 01997 AIA® AIA DOCUMENT A101-1997 ■r OWNER-CONTRACTOR AGREEMENT If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests,the Owner's time requirement shall be as follows: The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written ■r permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted to below. User Document: 97al01 owner-contractor agreement revised 1002.aia -- 11/8/2002. AIA License Number 1008538,which expires on 9/3/2003. 1 No 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than I days from the date of commencement,or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents,insert any requirements for earlier Substantial Completion ofcertain portions ofthe Work.) ,subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions,if any,for liquidated damages relating to failure to complete on time or for bonus payments for THIS DOCUMENT HAS IMPORTANT LEGAL early completion of the Work) CONSEQUENCES.CONSULTATION WITH For each calendar day after date established by teh above allowed time that nay ANATTORNEYIS ENCOURAGED WITH portion of the work remains incomplete and any portion of the building that remains RESPECT TO ITS COMPLETION OR unavailable for occupancy (in the Owner's sole judgment). the Sum of ($ ) MODIFICATION.AUTHENTICATION OF Dollars, not to be construed in an sense a penally, but as fixed, agreed, liquidated THIS ELECTRONICALLY DRAFTED AIA y p g q DOCUMENT MAY BE MADE BY USING AIA damages occurred by the Owner for failure of the Contractor to meet the schedule DOCUMENT D401. completion dates. AIA Document A201-1997,General 111t Conditions of the Contract for Construction,is adopted in this document ARTICLE 4 CONTRACT SUM by reference.Do not use with other 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the general conditions unless this document is Contractor's performance of the Contract. The Contract Sum shall be Dollars (s ),subject to modified. additions and deductions as provided in the Contract Documents. This document has been approved and 4.2 The Contract Sum is based upon the following alternates, if any, which are described endorsed by The Associated General P g y Contractors of America. in the Contract Documents and are hereby accepted by the Owner: (State the numbers or otheridemi6cation ofaccepted alternates.Ifdecisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement,attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires) 4.3 Unit prices,if any,are as follows: ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month .�. ending on the last day of the month,or as follows: 5.1.3 Pr-ev ed ApPhEatieft fe; Pa:yment4 r-eEei*ed*4he ^_ham la#eF�katz- ■■ewe ®1997 AIA® wed abg�e; etrt—rail-be fflade* he Owne -tte 4etef 44taft--days-af#er-4he ^ teet-AIA DOCUMENT A101-1997 _�==yes4he t3pliEftti6ii-fefPayniettt.--The Owner shall provide the Contractor with an OWNER-CONTRACTOR AGREEMENT rr► Accounts Payable Calendar listing the cutoff dates for submissions of an Application The American Institute of Architects for Payment. An Application for Payment must be submitted to the Architect a 1735 New York Avenue, N.W. minimum of two U weeks before a cutoff date to be included in that billing cycle Washington, D.C.20006-5292 payment date. © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97a101 owner-contractor agreement revised 1002.aia -- 11/8/2002. AIA License Number 1008538,which expires on 9/3/2003. 2 5.1.4 Each Application for Payment shall be based on the most recent schedule of values ift submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. THIS DOCUMENT HAS IMPORTANT LEGAL ++� CONSEQUENCES.CONSULTATION WITH 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress AN ATTORNEY IS ENCOURAGED WITH payment shall be computed as follows: RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF I 1 Take that portion of the Contract Sum properly allocable to completed Work as THIS ELECTRONICALLY DRAFTED AIA determined by multiplying the percentage completion of each portion of the Work by DOCUMENT MAY BE MADE BY USING AIA the share of the Contract Sum allocated to that portion of the Work in the schedule of DOCUMENT D401. law values,less retainage of Five percent ( 5 %). Pending final determination of cost to AIA Document A201-1997,General the Owner of changes in the Work, amounts not in dispute shall be included as Conditions of the Contract for provided in Subparagraph 7.3.8 of AIA Document A2o1-1997• Construction,is adopted in this document by reference.Do not use with other rtr .2 Add that portion of the Contract Sum properly allocable to materials and equipment general conditions unless this document is delivered and suitably stored at the site for subsequent incorporation in the completed modified. construction (or, if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of Five percent( 5%); This document has been approved and endorsed by The Associated General i Contractors of America. .3 Subtract the aggregate of previous payments made by the Owner;and a* .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997• 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: 1 Add, upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and (Subparagraph D 998 A 7requires release of applicable retamage upon Substantial Completion of Work with consent ofsurety,ifany.) ow .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A2o1-1997• 5.1.8 Reduction or limitation of retainage,if any,shall be as follows: s (Ifit is intended,prior to Substantial Completion of the entire Work,to reduce or limit the retainage resulting from ",,�1 the percentages inserted in Clauses 51.6.t and 51.6.2 above, and this is not explained elsewhere in the Contract Documents,insert here provisions forsuch reduction orhmitation.) 01997 AIAO 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance AIA DOCUMENT A10R AGREEMENT � p P PP OWNER-CONTRACTOR AGREEMENT payments to suppliers for materials or equipment which have not been delivered and stored at the site. The American Institute of Architects 1735 New York Avenue,N.W. 5.2 FINAL PAYMENT Washington, D.C. 20006-5292 © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute o ow Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97x101 owner-contractor agreement revised 1002.aia -- 11/8/2002. AIA License Number 1008538,which expires on 9/3/2003. 3 to 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: 1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. THIS DOCUMENT HAS IMPORTANT LEGAL 5.2.2 The Owner's final payment to the Contractor shall be made no later than 3o days after CONSEQUENCES.CONSULTATION WITH the issuance of the Architect's final Certificate for Payment,or as follows: AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR ARTICLE 6 TERMINATION OR SUSPENSION MODIFICATION.AUTHENTICATION OF 6.1 The Contract may be terminated by the Owner or the Contractor as provided in THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA Article 14 of AIA Document A2o1-1997. DOCUMENT D401. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document AIA Document A201-1997,General A201-1997. Conditions of the Contract for Construction,is adopted in this document ARTICLE 7 MISCELLANEOUS PROVISIONS by reference.Do not use with other 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 general conditions unless this document is modified. or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. This document has been approved and endorsed by The Associated General 7.2 Payments due and unpaid under the Contract shall bear interest from the date Contractors of America. payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofiMerest agreed upon,ifany.) Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places ofbusmess,the location ofthe project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 The Owner's representative is: (Name,address and other information) 7.4 The Contractor's representative is: (Name,address and other information) 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: ®1997 AIA® ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS AIA DOCUMENT A101-1997 8.1 The Contract Documents, except for Modifications issued after execution of this OWNER-CONTRACTOR AGREEMENT rtMM► Agreement,are enumerated as follows: The American Institute of Architects 1735 New York Avenue, N.W. 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Washington, D.C.20006-5292 Between Owner and Contractor,AIA Document A101-1997• © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97x101 owner-contractor agreement revised 1002.aia -- 11/8/2002. AIA License Number 1008538,which expires on 9/3/2003. 4 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Document A2o1-1997• 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated ,and are as follows: VW Document Title Pages THIS DOCUMENT HAS IMPORTANT LEGAL CON5EOUENCE5.CONSULTATION WITH 8.1.4 The Specifications are those contained in the Project Manual dated as in AN ATTORNEY 15 ENCOURAGED WITH Subparagraph 8.1.3,and are as follows: RESPECT TO ITS COMPLETION OR (Eitherlist the Specifications here orrefer to an exhibit attached to this Agreement.) MODIFICATION.AUTHENTICATION OF VW THIS ELECTRONICALLY DRAFTED AIA Section Title Pages DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. aw AIA Document A201-1997,General 8.1.5 The Drawings are as follows,and are dated unless a different date is shown below: Conditions of the Contract for (Eitherlist the Drawings here orrefer to an exhibit attached to this Agreement.) Construction,is adopted in this document by reference.Do not use with other rr Number Title Date general conditions unless this document is modified. This document has been approved and rr 8.1.6 The Addenda,if any,are as follows: endorsed by The Associated General Contractors of America. Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. aw 8.1.7 Other documents,if any,forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of The Contract Documents.AIA Document A2or- t997provides that bidding requirements such as advertisement ormvitation to bid,Instructions to Bidders,sample m r forms and the Contractors bid are not pan of the Contract Documents unless enumerated in this Agreement. They should belisted here onlyifirntended to be part ofthe Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract,and the remainder to the Owner. , OWNER (signature) CONTRACTOR (Signature) ":•. . _ .• Jesse Tanner, Mayor 01997 AIA® (Printed name and title) (Printed name and title) IA DOCUMENT A101-1997 rrr OWNER-CONTRACTOR AGREEMENT ATTEST The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C.20006-5292 © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute o wr Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97a101 owner-contractor agreement revised 1002.aia -- 11/8/2002. AIA License Number 1008538,which expires on 9/3/2003. 5 r S Bonnie Walton, City Clerk THIS DOCUMENT HAS IMPORTANT LEGAL , CONSEQUENCES.CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY U51NG AIA DOCUMENT D401. AIA Document A201-1997,General Conditions of the Contract for Construction,is adopted in this document by reference.Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. ®1997 AIA® AIA DOCUMENT A701-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97a101 owner-contractor agreement revised 1002.aia -- 11/8/2002. AIA License Number 1008538,which expires on 9/3/2003. 6 1 SECTION 00700 - GENERAL CONDITIONS 101 STANDARD FORM The General Conditions of the Contract for Construction, 1997, AIA Document A-201, as follows, Articles 1 through 14 inclusive. They are included as part of the contract. The Contractor and all subcontractors shall read and be governed by them, with enclosed modifications. 46 pages of AIA document A-201 follows f 00700-1 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION GENERAL CONDITIONS .r. 1997 Edition - Electronic Format AIA Document A201 - 1997 General Conditions of the Contract for Construction TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 3. CONTRACTOR ATTORNEY 15 ENCOURAGED WITH r RESPECT TO ITS COMPLETION OR 4. ADMINISTRATION OF THE CONTRACT MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 5. SUBCONTRACTORS DOCUMENT MAY BE MADE BY USING AIA rrr DOCUMENT D401. 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS This document has been approved and endorsed by The Associated General ,V 7. CHANGES IN THE WORK Contractors of America. 8. TIME *W 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK aw 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT INDEX Addenda Acceptance of Nonconforming Work 1.1-1,3.11 9.6.6,9.9.3,12.3 Additional Costs,Claims for Acceptance of Work 4.3.4,4.3.5,4.3.6,6.1.1,10.3 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3,12.3 Additional Inspections and Testing Access to Work 9.8.3,12.2.1313.5 3.16, 6.2.1,12.1 Additional Time,Claims for 1 Accident Prevention 4.3.4,4.3.7,8.3.2 aw 4.2.3,10 ADMINISTRATION OF THE CONTRACT Acts and Omissions 3.1.3,4,943 9.5 3.2,3.3.2,3.12.8,3.18,4.2.3,4.3.8,4.4.13 8.3.1, Advertisement or Invitation to Bid 01997 AIAO 9.5-1,10.2-5,13-4.2,13.7,14.1 1.1.1 AIA DOCUMENT A201- 1997 GENERAL CONDITIONS OF THE go CONTRACT FOR CONSTRUCTION <opyrig t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. aw States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 genl conditions M revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 1 �r Aesthetic Effect 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4,11.4.7 4.2.13,4.5.1 Architect's Representations Allowances 9.4.2,9.5.1,9.10.1 3.8 Architect's Site Visits All-risk Insurance 4.2.2,4.2.5,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2, 9 11.4.1.1 Applications for Payment Asbestos 13.5 2. 8 2 1 6. 1 8. 10. 4• 5,7.3• >9• ,9.3,9.4,9.5• ,9• 3,9.7• ,9• 5, Attorneys'Fees 9.10,11-1.3,14.2-4,14-4.3 3.18.1,9.10.2,10-3.3 Approvals 2.4,3.1.3,3.5,3.10.2,3.12,4.2.7,9.3.2,13.4.2, Award of Separate Contracts 6.1.1,6.1.2 13.5 Arbitration Award of Subcontracts and Other Contracts for Portions of the Work 4.3.3,4.4,4.5.1,4.5.2,4.6,8.3.1,9.7.1,11.4.9, 5.2 11.4.10 THIS DOCUMENT HAS IMPORTANT LEGAL Architect Basic Definitions CONSEQUENCES.CONSULTATION WITH AN 4.1 1'1 ATTORNEY IS ENCOURAGED WITH Architect,Definition of Bidding Requirements RESPECT TO ITS COMPLETION OR 4.1.1 1.1.1,1.1.7,5.2.1,11.5.1 MODIFICATION.AUTHENTICATION OF THIS Architect,Extent of Authority Boiler and Machinery Insurance ELECTRONICALLY DRAFTED AIA 2.4,3.12.7,4.2,4.3.6,4.4,5.2,6.3,7.1.2,7.3.6, 11.4.2 DOCUMENT MAY BE MADE BY USING AIA 7.4,9-2,9.3-1,9.4,9.5,9.8-3,9.10.1, 9.10.3,12.1, Bonds,Lien DOCUMENT D401. 12.2.1,13-5.1,13-5.2,14.2.2,14.2.4 9.10.2 Architect,Limitations of Authority and Bonds,Performance,and Payment This document has been approved and Responsibility 7.3.6.4,9.6.7,9.10.3,11.4.9,11.5 endorsed by The Associated General 2.1.1,3.3.3,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1, Building Permit Contractors of America. 4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13, 3.7.1 4.4,5.2.1,7.4,9.4.2,9.6.4,9.6.6 Capitalization Architect's Additional Services and Expenses 1.3 2.4,11.4.1.1,12.2.1,13.5.2,13.5.3,14.2.4 Certificate of Substantial Completion Architect's Administration of the Contract 9.8.3,9.8.4,9.8.5 3.1.3, 4.2,4.3.4,4.4,9.4,9.5 Certificates for Payment Architect's Approvals 4.2.5,4.2.9,9.3.3, 9.4,9.5,9.6.1,9.6.6,9.7.1, 2.4,3.1.3,3.5.1,3.10.2,4.2.7 9.10.1,9.10.3,13.7,14.1.1.3,14.2.4 Architect's Authority to Reject Work Certificates of Inspection,Testing or Approval 3.5.1,4.2.6,12.1.2,12.2.1 13.5.4 Architect's Copyright Certificates of Insurance 1.6 9.10.2,11-1.3 10 Architect's Decisions Change Orders 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3-4,4.4.1, 1.1.1,2.4.1,3.4.2,3.8.2.3,3.11.1,3.12.8,4.2.8, 4.4.5,4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2, 4.3.4,4.3.9,5.2.3,7.1,7.2,7.3,8.3.1,9.3.1.1, 9.4,9.5.1,9.8.4,9.9.1,13.5.2,14.2.2,14.2.4 9.10.3,11.4-1.2,11-4.4,11-4.9,12.1.2 Architect's Inspections Change Orders,Definition of 4.2.2,4.2.9,4.3.4,9.4.2,9.8.3,9.9.2,9.10.1,13.5 7.2.1 Architect's Instructions CHANGES IN THE WORK 3.2.3,3.3.1,4.2.6,4.2.7,4.2.8,7.4.1,12.1,13.5.2 3.11,4.2.8, 7,8.3.1,9.3.1.1,11.4.9 Architect's Interpretations Claim,Definition of 4.2.11,4.2.12,4.3.6 4.3.1 Architect's Project Representative Claims and Disputes 4.2.10 2 4.3 6,6.1.1,6. 8 Architect's Relationship with Contractor 3• 3, 4.4,4.5,4• 3>7 3• ,9.3 3> 1.1.2,1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2, 9.10.4,10.3.3 3.5.1,3.7.3,3.10,3.11,3.12,3.16,3.18,4.1.2,4.1.3, Claims and Timely Assertion of Claims 4.2,4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2, 4.6.5 9.3,9.4>9.5,9.7,9.8,9.9, 10.2.6,10.3,11.3, Claims for Additional Cost ®1997 AIA® 11-4.7,12,13-4.2,13.5 3.2-3,4.3-4,4.3.5,4-3.6,6.1-1,7-3.8,10-3.2 AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE Architect's Relationship with Subcontractors Claims for Additional Time CONTRACT FOR CONSTRUCTION »Copyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 y T e The American Institute of Architects American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The York Avenue, N.W. quotation of its provisions without written permission of the AIA violates the copyright laws of the United Washington, D.C. 20006-5292 States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 genl conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 2 +rr+ 3.2-3,4.3-4,4.3.7,6.1.1,8.3.2,10-3.2 1.1.2 Claims for Concealed or Unknown Conditions CONTRACT, TERMINATION OR 4.3.4 SUSPENSION OF THE Claims for Damages 5.4-1.1,11-4.9, 14 3.2-3,3-18,4.3.io,6.1.1,8.3-3,9.5.1,9.6-7,10-3.3, Contract Administration 11-1.1,11-4.5,11-4.7,14-1.3,14.2.4 3-1-3,4,9.4,9.5 r Claims Subject to Arbitration Contract Award and Execution,Conditions 4.4-1,4.5.1,4.6.1 Relating to Cleaning UP 3.7.1,3.10,5.2,6.1,11-1.3,11-4.6,11-5.1 3.15,6.3 Contract Documents,The +K Commencement of Statutory Limitation Period 1,1,1.2 13.7 Contract Documents,Copies Furnished and Use Commencement of the Work,Conditions of Relating to 1.6,2.2.5,5.3 rrr 2.2.1, 2.1,3.4.1,3.7.1,3.10.1,3.12.6, 3• 4.3.5,5.2.1, Contract Documents,Definition of 5.2.3,6.2.2,8.1.2,8.2.2,8.3-1,11.1, 11.4.1,11.4.6, 1.1.1 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 11.5.1 Contract Sum ATTORNEY IS ENCOURAGED WITH Commencement of the Work,Definition of r 3.8,4.3.4,4.3.5,4.4.5,5.2.3,7.2,7.3,7.4,9.1, RESPECT TO ITS COMPLETION OR 8.1.2 9.4.2,9.5-1.4,9.6-7,9-7,10-3.2,11-4.1, 14.2.4, MODIFICATION.AUTHENTICATION OF THIS Communications Facilitating Contract 14.3.2 ELECTRONICALLY DRAFTED AIA Administration Contract Sum,Definition of DOCUMENT MAY BE MADE BY USING AIA irr 3.9.1, 4.2.4 9.1 DOCUMENT D401. Completion,Conditions Relating to Contract Time 1.6.1,3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8, 4.3.4,4.3.7,4.4.5,5.2.3,7.2.1.3,7.3,7.4,8.1.1, This document has been approved and 9.9.119.10,12.2,13.7,14-1.2 8.2,8.3.1,9.5.1,9.7,10-3.2,12.1.1, 14.3.2 endorsed by The Associated General 00 COMPLETION, PAYMENTS AND Contract Time,Definition of Contractors of America. 9 8.1.1 Completion,Substantial CONTRACTOR 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 3 9.10.4.2,12.2,13.7 Contractor,Definition of Compliance with Laws 3.1,6.1.2 1.6.1,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.81 Contractor's Construction Schedules wo 4.6.4,4.6.6,9.6.4,10.2.2,11.1,11.4,13.1,13.4, 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 13-5.1,13-5.2,13.6,14-1.1,14.2-1.3 Contractor's Employees Concealed or Unknown Conditions 3.3.2,3.4.3,3.8.1, 4.3.4,8. 3.9,3.18.2,4.2.3,4.2.6,10.2, 3.1,lo.3 10.3,11-1.1,11-4.7,14.1,14.2.1.1, Conditions of the Contract Contractor's Liability Insurance 1.1.1,1.1.7,6.1.1,6.1.4 11.1 Consent,Written Contractor's Relationship with Separate 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, Contractors and Owner's Forces 9.8-5,9.9.1,9.10.2,9.10.3,11-4.1, 13.2,13.4.2 3.12.5,3.14.2,4.2.4,6,11.4.7,12.1.2,12.2.4 CONSTRUCTION BY OWNER OR BY Contractor's Relationship with Subcontractors SEPARATE CONTRACTORS 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6-7,9.10.2, 1.1-4,6 11.4.1.2,11.4.7,11.4.8 Construction Change Directive,Definition of Contractor's Relationship with the Architect 7.3.1 1.1.2,1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2, Construction Change Directives 3-5-1,3-7-3,3-10,3.11,3.12,3.16,3.18, 4.1.2,4.1-3, r 1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 4.2,4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2, Construction Schedules,Contractor's 9-3,9-4,9-5,9-7,9.8,9.9, 10.2.6,10.3,11.3, ' 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 11-4.7,12,13-4.2,13.5 �, a Contingent Assignment of Subcontracts Contractor's Representations : •� ; ,r r 5.4,14.2.2.2 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 Continuing Contract Performance Contractor's Responsibility for Those 4.3.3 Performing the Work 01997 AIA® Contract,Definition of 3.3.2,3•i8,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, AIA DOCUMENT A201- 1997 ow 10 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects r quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 978201 genl conditions 'p revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 3 irr Contractor's Review of Contract Documents 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3-4,4.4.1, 1.5.2,3.2,3.7.3 4.4.5,4.4.6,4.5, 6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2, Contractor's Right to Stop the Work 9.4,9.5.1,9.8.4,9.9.1,13.5.2,14.2.2,14.2.4 9.7 Decisions to Withhold Certification Contractor's Right to Terminate the Contract 9.4.1,9.5,9.7,14.1.1.3 4.3.10,14.1 Defective or Nonconforming Work,Acceptance, Contractor's Submittals Rejection and Correction of 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2,9.31 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6, 9.8.2,9.8.3,9.9.1,9.10.2,9.10.3, 11.1.3,11.5.2 9.8.2,9.9.3,9.10.4,12.2.1,13.7.1.3 Contractor's Superintendent Defective Work,Definition of 3.9,10.2.6 3.5.1 Contractor's Supervision and Construction Definitions Procedures 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1, 9.1,9.8.1 6.2.4,7.1.3,7.3.4,7.3.6,8.2,10,12,14 Delays and Extensions of Time Contractual Liability Insurance 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, THIS DOCUMENT HAS IMPORTANT LEGAL 11.1.1.8,11.2,11.3 7.4.1,7.5.1,8.3,9.5-1,9.7-1,10.3.2, 10.6.1,14.3.2 CONSEQUENCES.CONSULTATION WITHAN Coordination and Correlation Disputes ATTORNEY IS ENCOURAGED WITH 1.2,1.5.2,3.3.1,3.10,3.12.6,6.1-3,6.2.1 RESPECT TO ITS COMPLETION OR rrM Copies Furnished of Drawings and 4.1-4,n s a d S 4.5,4.6, t t 7.3.8 MODIFICATION.AUTHENTICATION OF THIS P g Documents and Samples at the Site Specifications 3 11 ELECTRONICALLY DRAFTED AIA 1.6,2.2.5,3.11 DOCUMENT MAY BE MADE BY USING AIA Copyrights Drawings,Definition of DOCUMENT D401. 1.1.5 1.6,3.17 Drawings and Specifications,Use and This document has been approved and Correction of Work Ownership of endorsed by The Associated General 2.3,2.4,3.7.4,4.2.1,9.4.2,9.8.2,9.8.3,9.9.1, 1.1-1,1.3,2.2.5,3.11,5.3 Contractors of America. 12.1.2,12.2,13.7-1.3 Effective Date of Insurance Correlation and Intent of the Contract 8.2.2,11.1.2 Documents Emergencies 1.2 Cost,Definition of 4.3.5, 10.6,14.1.1.2 Employees,Contractor's 7.3.6 Costs 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6,10.2, 2-4, 10.3,11.1.1,11.4.7,14.1,14.2.1.1 4 3 3.7.4,3.8.2,3.15.2,4.3,5.4.2,6.1.1, Equipment,Labor,Materials and 6.2.3,7.3.3.3,7.3.6,7.3-7,7-3.8,9.10.2,10.3.2, 1.1.3,1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, 10.5,11.3,11.4,12.1,12.2.1,12.2-4,13.5,14 Cutting and Patching 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3, 6.2.5,3.14 9.5.1.3,9.10.2,10.2.1,10.2-4,14.2.1.2 Execution and Progress of the Work Damage to Construction of Owner or Separate 1.1.3,1.2.1,1.2.2,2.2.3,2.2.5,3.1,3.3,3.4,3.5,3.7, Contractors 3.10,3.12,3.14,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3, 3.14.2,6.2-4,9.2.1-5,10.2.1.2,10.2-5,1o.6,11.1' 7.3-4,8.2,9.5,9.9.1,10.2,10.3,12.2,14.2,14.3 11.4,12.2.4 Extensions of Time Damage to the Work 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3, 3.14.2,9.9.1,10.2.1.2,10.2-5,10.6,11.4,12.2.4 7-4-1,9-5.1,9-7-1,10-3.2,10.6.1,14.3.2 Damages,Claims for Failure of Payment 3.2.3,3.18,4.3.1o,6.1.1,8.3.3,9.5.1,9.6.7,10.3.3, 4.3.6,9.5-1.3,9.7,9.10.2,14.1-1.3,14.2.1.2,13.6 11.1.1,11-4.5,11-4.7,14-1.3,14.2.4 Faulty Work �® Damages for Delay (See Defective or Nonconforming Work) 6.1.1,8.3.3,9.5.1.6,9.7,10.3.2 Final Completion and Final Payment Date of Commencement of the Work, ' Definition of 4.2.1,4.2.9,4.3.2,9.8.2,9.10,11.1.2,11-1.3,11-4.1, A 11.4.5,12.3.1,13.7,14.2.4,14.4.3 8.1.2 P Financial Arrangements,Owner's Date of Substantial Completion,Definition of 8.1.3 2.2.1,13.2.2,14.1.1.5 Fire and Extended Coverage Insurance Day,Definition of 01997 AIA® 8.1.4 11'4 AIA DOCUMENT A201-1997 Decisions of the Architect GENERAL PROVISIONS GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION Kopyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until ' the date of expiration as noted below. expiration as noted below. User Document: 97x201 gent conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 4 1 13.6 Governing Law Interpretation 13.1 1.2.3, 1.4,4.1.1,4.3.1,5.1,6.1.2,8.1.4 Guarantees(See Warranty) Interpretations,Written Hazardous Materials 4.2.11,4.2.12,4.3.6 10.2.4, 10.3,10.5 Joinder and Consolidation of Claims Required tier Identification of Contract Documents 4.6.4 1.5.1 Judgment on Final Award Identification of Subcontractors and Suppliers 4.6.6 5.2.1 Labor and Materials,Equipment Indemnification 1.1.3,1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13, 3.17,3.18,9.10.2,10.3.3,10.5,11.4.1.2,11.4.7 3.15.1,42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3, Information and Services Required of the Owner 9.5-1.3,9.10.2,10.2.1,10.2.4v 14.2.1.2 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, Labor Disputes 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2, 9.10.3, 8.3.1 THIS DOCUMENT HAS IMPORTANT LEGAL 10.3.3,11.2,11.4,13.5.1,13.5.2,14.1.1.4,14.1.4 Laws and Regulations CONSEQUENCES.CONSULTATION WITHAN Injury or Damage to Person or Property 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, ATTORNEY IS ENCOURAGED WITH 4.3.8,10.2,10.6 9.6-4,9.9.1,10.2.2,11.1,11.4,13.1, 13.4,13.5.1, RESPECT TO ITS COMPLETION OR Inspections 13-5.2,13.6,14 MODIFICATION.AUTHENTICATION OF THIS 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.2, Liens ELECTRONICALLY DRAFTED AIA 9.8.3,9.9.2,9.10.1,12.2.1,13.5 2.1.2,4.4.8,8.2.2,9.3.3,9.10 DOCUMENT MAY BE MADE BY USING AIA +rr Instructions to Bidders Limitation on Consolidation or Joinder DOCUMENT D401. 1.1.1 4.6.4 Instructions to the Contractor Limitations,Statutes of This document has been approved and 3.2.3,3.3.1,3.8.1,4.2.8,5.2.13 7,12,8.2.2,13.5.2 4.6.3,12.2.6,13.7 endorsed by The Associated General +� Insurance Limitations of Liability Contractors of America. 3.18.1,6.1.1,7.3.6,8.2.1,9-3.2,9.8-4,9.9-1, 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.10,3.17,3.18, 9.10.2, 9.10.5,11 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4, 9.6.7, Insurance,Boiler and Machinery 9.10.4,10.3.3,10.2.5,11.1.2,11.2.1,11.4.7,12.2.5, nr 11.4.2 13.4.2 Insurance,Contractor's Liability Limitations of Time 11.1 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.113 3.12.5,3.15.1, Insurance,Effective Date of 4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.43 7.3, 8.2.2,11.1.2 7.4,8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8, Insurance,Loss of Use 9.919-10,11-1.3,11.4-1.5,11-4.6,11.4-10,12.23 13.5, 11.4.3 13.7,14 r Insurance,Owner's Liability Loss of Use Insurance 11.2 11.4.3 Insurance,Project Management Protective Material Suppliers Liability 1.6,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6, 11.3 9.10.5 Insurance,Property Materials,Hazardous 10.2.5, 11.4 10.2.4,10.3,10.5 Insurance,Stored Materials Materials,Labor,Equipment and rn 9.3.2,11.4.1.4 1.1.3,1.1.6,1.6.1,3.4,3.5.1,3.8.2,3.8.23,3.12,3.13, INSURANCE AND BONDS 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1, 7.3.6,9.3.2,9.3.3, 11 9.5-1.3,9.10.2,10.2.1,10.2-4,14.2.1.2 Insurance Companies,Consent to Partial Means,Methods,Techniques,Sequences and Occupancy Procedures of Construction 3.3.1,3.12.103 4.2.2,4.2.7,9.4.2 9.9.1,11.4.1.5 Mechanic's Lien 6, .' Insurance Companies,Settlement with f - � 11.4.10 Mediation Intent of the Contract Documents 1.2.1,4.2.7,4.2.12,4.2.13,7.4 4.4-1,4-4-5,4-4.6,4-4.8,4.5,4.6.1,4.6.23 8.3.1, 01997 AIA® Interest Minor Changes Chan es in the Work AIA DOCUMENT A201-1997 irr g GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. +�r States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 genl conditions aw revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 5 g 1.1.1,3.12.8,4.2.8,4.3.6,7.1,7.4 11.2 MISCELLANEOUS PROVISIONS Owner's Loss of Use Insurance 13 11.4.3 Modifications,Definition of Owner's Relationship with Subcontractors 1.1.1 1.1.2,5.2,5.3,5.4,9.6-4,9.10.2,14.2.2 Modifications to the Contract Owner's Right to Carry Out the Work 1.1.1,1.1.2,3.7.3,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1, 2.4,12.2-4-14.2.2.2 9.7,10.3.2,11.4.1 Owner's Right to Clean Up Mutual Responsibility 6.3 6.2 Owner's Right to Perform Construction and to Nonconforming Work,Acceptance of Award Separate Contracts raw 9.6.6,9.9.3, 12.3 6.1 Nonconforming Work,Rejection and Owner's Right to Stop the Work Correction of 2.3 w 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.8.2,9.9.3, Owner's Right to Suspend the Work THIS DOCUMENT HAS IMPORTANT LEGAL 9.10.4,12.2.1,13.7.1.3 14.3 CONSEQUENCES.CONSULTATION WITH AN Notice Owner's Right to Terminate the Contract ATTORNEY IS ENCOURAGED WITH 2.2.1,2.3,2.4,3.2.3,3.3.1,3.7.2,3.7.4,3.12.9,4.3, 14.2 RESPECT TO ITS COMPLETION OR 4.4.8,4.6.5,5.2.1,8.2.2,9.7,9.10,10.2.2,11-1.3, Ownership and Use of Drawings,Specifications MODIFICATION.AUTHENTICATION OF THIS 11-4.6,12.2.23 12.2-4,13-3,13-5-1,13-5-2,14.1,14.2 and Other Instruments of Service ELECTRONICALLY DRAFTED AIA Notice,Written 1.1.1, 1.6,2.2.5,3.2.11 3.11.1,3.17.1,4.2.12,5.3 DOCUMENT MAY BE MADE BY USING AIA 2.3,2.4,3.3.1,3.91 3.12.9,3.12.10,4.3,4.4.8, Partial Occupancy or Use DOCUMENT D401. 4.6.5,5.2.1,8.2.2,9.7,9.10,10.2.2,10.3, 11.1.3, 9.6.6,9.9,11.4.1.5 11.4.6,12.2.2,12.2.4, 13.3,14 Patching,Cutting and This document has been approved and endorsed by The Associated General Notice of Testing and Inspections 3.14,6.2.5 Contractors of America. 13-5.1,13-5.2 Patents Notice to Proceed 3.17 8.2.2 Payment,Applications for Notices,Permits,Fees and 2.2.2,3.7, 3.13,7.3.6.4,10.2.2 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.13 rrri Observations,Contractor's 9.8.5,9.10.1,9.10.3,9.10.5,11.1.3,14.2.4,14.4.3 Payment,Certificates for 1.5.2,3.2,3.7.3,4.3.4 4.2.5,4.2.9,9-3.3,9.4,9.5,9.6.1,9.6.6,9.7.1, Occupancy 2.2.2,9.6.6,9.8,11.4.1.5 9.10.1,9.10.3,13-7314.1-1.3,14.2.4 � Orders,Written Payment,Failure of 1.1.1,2.3,3.9,4.3.6,7,8.2.2,11.4.9,12.1,12.2, 4.3.6,9-5.1-3, 9.7,9.10.2,14-1.1-3314.2.1.2,13.6 13-5.2,14-3.1 Payment,Final OWNER 4.2.1,4.2.9,4.3.2,9.8.23 9.10,11.1.2,11.1.3,11.4.1, 2 11-4.5,12-3.1,13.7,14.2-47 14-4-3 Owner,Definition of Payment Bond,Performance Bond and 2.1 7.3.6.4,9.6.7,9.10.3,11-4.9, 11.5 Owner,Information and Services Required of Payments,Progress the 4.3.3,9.3,9.6,9.8.5,9.10.3,13.6,14.2.3 2.1.2,2.2, 2.1, 12.4,3.12.10,4.2. , PAYMENTS AND COMPLETION 3• 3• 7 4.3.3,6.1.3, 6.1-4,6.2-5,9.3.2,9.6.1,9.6-4,9.9.2,9.10.3, 9 10.3.3,11.2,11.4,13.5.1,13.5.2,14.1.1.4,14.1.4 Payments to Subcontractors Owner's Authority 5.4.2,9.5.1.3,9.6.23 9.6.3,9.6.4,9.6.7,11.4.8, �■ 1.6,2.1.1,2.3,2.4,3.4.2,3.8.1,3.12.10,3.14.2, 14.2.1.2 4.1.2,4.1.3,4.2.4,4.2.9,4.3.6,4.4.7, 5.2.1,5.2.4, PCB 5.4.1,6.1,6.3,7.2.1,7.3.13 8.2.2,8.3.1,9.3.1,9.3.2, 10.3.1 t , 9.5.1,9.9.1,9.10.2, 10-3.2,11-1.3,11-3.1,11-4-3, Performance Bond and Payment Bond f . _ .. 11.4.10,12.2.2,12.3.1,13.2.2,14.3,14.4 7.3.6.4,9-6.7,9.10.3,11-4.9, 11.5 Owner's Financial Capability Permits,Fees and Notices 2.2.1,13.2.2,14.1-1.5 2.2.2,3.7,3-13,7-3.6-4,10.2.2 01997 A1A9 Owner's Liability Insurance PERSONS AND PROPERTY, PROTECTION AIA DOCUMENT A201-1997 , GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 gent conditions go revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 6 so r OF Review of Shop Drawings,Product Data and 10 Samples by Contractor ■r Polychlorinated Biphenyl 3.12 Rights and Remedies 10.3.1 Product Data,Definition of 1.1.2,2.3,2.4,3.5.1,3.15.2>4.2.6,4.3.4,4.5,4.6, 5.3,5.4,6.1,6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5,10.3, 3.12.2 ift Product Data and Samples,Shop Drawings 12.2.2,12.2.4, 13.4,14 311,3.12,4.2.7 Royalties,Patents and Copyrights Progress and Completion 3.17 4.2.2,4.3.3,B•2,9.8,9.9.1,14-1.4 Rules and Notices for Arbitration Progress Payments 4.6.2 9.6,9.8.5,9.10• ,13.6,14.2• Safety of Persons and Property 4.3.3>9.3> 3 3 10.2,10.6 Project,Definition of the Safety Precautions and Programs 1.1.4 Project Management Protective Liability 3.3.1,4.2.2,4.2.7,5.3.1, 10.1,10.2,10.6 THIS DOCUMENT HAS IMPORTANT LEGAL Insurance Samples,Definition of CONSEQUENCES.CONSUL TATION WITH AN 11.3 31�.3 ATTORNEY IS ENCOURAGED WITH Project Manual,Definition of the Samples,Shop Drawings,Product Data and RESPECT TO ITS COMPLETION OR 1.1.7 3.11,3.12,4.2.7 MODIFICATION.AUTHENTICATION OF THIS Project Manuals Samples at the Site,Documents and ELECTRONICALLY DRAFTED AIA 311 DOCUMENT MAY BE MADE BY USING AIA . 2.2.5 DOCUMENT D401. Project Representatives Schedule of Values 4.2.10 9.2,9.3.1 This document has been approved and Property Insurance Schedules,Construction endorsed by The Associated General 10.2.5,11.4 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1•3 Contractors of America. PROTECTION OF PERSONS AND Separate Contracts and Contractors I e. PROPERTY 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1, 10 11.4.7, 12.1.2,12.2.5 +� Shop Drawings,Definition of Regulations and Laws 3 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, Shop Drawings,Product Data and Samples 9.6.4,9.9.1,10.2.2,11.1,11.4,13.1, 13.4,13.5.1, 3.11,3.12,4.2.7 13-5.2,13.6,14 Site,Use of Rejection of Work 1 6.1.1,6.2.1 3.5.1,4.2.6,12.2.1 3. Releases and Waivers of Liens Site Inspections 1.2.2,3.2.1,3.3.3,3.7.1,4.2,4.3.4>9.4.2,9.10.1, 9.10.2 13.5 Representations Site Visits,Architect s 1.5.2,3.5.1,3.12.63 6.2.2,8.2.1,9.3.3,9.4.2,9.5.1, 9.8.2,9.10.1 4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10-13 13.5 Special Inspections and Testing Representatives 4.2.6,12.2.1,13.5 2.1.1,3.1.1,3.9,4.1.1,4.2.13 4.2.10,5.1.1,5.1.2, Specifications,Definition of the 13.2.1 1'1'6 Resolution of Claims and Disputes Specifications,The 4.4,4.5,4.6 Responsibility for Those Performing the Work to o 1.1.6,atio 1.2.2,1.6,3.11,3.12.10,3.17 2 18, 2 8 1 6.1. 6.2,6. 1 Statute of Limitations � 3.3• ,3• 4- -3,4.3• ,5.3• , 3, 3,9.5• , 4.6.3,12.2.6,13.7 to Stopping the Work art Retainage 2.3,4.3.6,9.7,10.3,14.1 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 Stored Materials Review of Contract Documents and Field 2.1 . ,9.3.2,10.2.1.2,10.2-4,11.4-1.4 Conditions by Contractor 6 NO 1.5.2,3.2,3.7.3,3.12.7,6.1.3 Subcontractor,Definition of rerrr� Review of Contractor's Submittals by Owner and SUBCONTRACTORS ®1997 AIA® Architect 5 AIA DOCUMENT A201-1997 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970,79 76, 1987, 0 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects r quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 gent conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 7 .�r Subcontractors,Work by TERMINATION OR SUSPENSION OF THE 1.2.2,3.3.2,3.12.1,4-2-3,5-2-3,5-3,5.4,9.3.1.2, CONTRACT 9.6.7 14 Subcontractual Relations Tests and Inspections 5.3,5.4,9.3.1.2,9.6,9.10 10.2.1,11-4.7,11-4.8, 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 14.1,14.2.1,14-3.2 9.10.1,10-3.2,11.4-1.1,12.2.1,13.5 Submittals TIME 09 1.6,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2, 8 9.3,9.8,9.9.1,9.10.2,9.10.3,11.1.3 Subrogation,Waivers of Time,Delays and Extensions of 6.1.1,11.4.5, 11.4.7 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, lil Substantial Completion 7.4.1,7.5-1,8.3,9.5.1,9.7.1,10-3.2, 1o.6.1,14.3.2 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, Time Limits 9.10-4.2,12.2,13.7 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, Substantial Completion,Definition of 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4, 6.2.4,7.3, 9.8.1 7.4,8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8, THI5 DOCUMENT HAS IMPORTANT LEGAL Substitution of Subcontractors 9.9,9.10,11.1.3,11.4-1.5, 11.4.6,11.4.10,12.2,13.5, CONSEQUENCES.CONSULTATION WITH AN 5.2.3,5.2.4 13-7,14 ATTORNEY 15 ENCOURAGED WITH Substitution of Architect Time Limits on Claims RESPECT TO ITS COMPLETION OR 4.3.2,4.3.4,4.3.8,4.4,4.5,4.6 MODIFICATION.AUTHENTICATION OF THI5 4.1.3 ELECTRONICALLY DRAFTED AIA Substitutions of Materials Title to Work DOCUMENT MAY BE MADE BY U51NG AIA ' 3.4.2,3.5.1,7.3.7 9.3.2,9.3.3 DOCUMENT D401. Sub-subcontractor,Definition of UNCOVERING AND CORRECTION OF 5.1.2 WORK This document has been approved and Subsurface Conditions 12 endorsed by The Associated General 4.3.4 Uncovering of Work Contractors of America. Successors and Assigns 12.1 13.2 Unforeseen Conditions Superintendent 4.3.4,8.3.1,10.3 3.9, 10.2.6 Unit Prices Supervision and Construction Procedures 4.3.9,7.3.3.2 1.2.2, 3.3, 3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, Use of Documents 6.2.4,7.1.3,7.3.6,8.2,8.3.1,9.4.2,10, 12,14 1.1.1,1.6,2.2.5,3.12.6,5.3 Surety Use of Site 4.4.7,5.4.1.2,9.8.5,9.10.2,9.10.3,14.2.2 3.13,6.1.1,6.2.1 Surety,Consent of Values,Schedule of 9.10.2,9.10.3 9.2,9.3.1 Surveys Waiver of Claims by the Architect 2.2.3 13.4.2 Suspension by the Owner for Convenience Waiver of Claims by the Contractor 14.4 4.3.10,9.10.5,11-4.7,13-4.2 no Suspension of the Work Waiver of Claims by the Owner 5-4-2,14-3 4.3.10,9.9.3,9.10.33 9.10.4,11-4.3,11-4.5,11-4.7, Suspension or Termination of the Contract 12.2.2.1,13-4.2,14.2.4 4.3.6,5.4.1.1,11.4.9,14 Waiver of Consequential Damages 06 Taxes 4.3.10,14.2.4 3.6,3.8.2.1,7.3.6.4 Waiver of Liens �•� Termination by the Contractor 9.10.2,9-10.4 4.3.10, 14.1 Waivers of Subrogation Termination by the Owner for Cause 6.1.1,11.4.5, 11.4.7 4.3.10,5.4.1.1, 14.2 Warranty + , �►' Termination of the Architect 3.5,4.2.9,4.3.5.3,9.3.3,9.8.4,9.9.1,9.10.4, 4.1.3 12.2.2,13.7-1.3 Termination of the Contractor Weather Delays 01997 AIA® ' 14.2.2 4.3.7.2 AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects OR quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until ' the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 8 Work,Definition of 4.6.5,5.2.1,8.2.2,9.7,9.10,10.2.2,10.3, 11.1.3, 1.1.3 11-4.6,12.2.2,12.2-4, 13.3,14 Written Consent Written Orders 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,93.2, 1.1.1,2.3,3.9,4.3.6,7,8.2.2,11.4.9,12.1,12.2, 9.8-5,9.9.1,9.10.2,9.10.3,11-4.1, 13.2,13.4.2 13.5.2,14.3.1 Written Interpretations 4.2.11,4.2.12,4.3.6 Written Notice 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8, r ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other ATTORNEY IS ENCOURAGED WITH Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, RESPECT TO ITS COMPLETION OR other documents listed in the Agreement and Modifications issued after execution of the g MODIFICATION.AUTHENTICATION OF THIS Contract.A Modification is (1)a written amendment to the Contract signed by both parties,(2) ELECTRONICALLY DRAFTED AIA a Change Order,(3) a Construction Change Directive or(4) a written order for a minor change DOCUMENT MAY BE MADE BY USING AIA in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the DOCUMENT D401. Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid,Instructions to Bidders,sample forms,the Contractor's bid This document has been approved and or portions of Addenda relating to bidding requirements). endorsed by The Associated General + Contractors of America. 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, M representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor, (3) between the Owner and Architect or(4) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. No and Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT or The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. �® dw 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the IL , design, location and dimensions of the Work, generally including plans, elevations, sections, "' details,schedules and diagrams. im 1.1.6 THE SPECIFICATIONS 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Irw CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. aw States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions to revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 9 am i> The Specifications are that portion of the Contract Documents consisting of the written requirements for materials,equipment,systems,standards and workmanship for the Work,and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is a volume assembled for the Work which may include the bidding requirements,sample forms,Conditions of the Contract and Specifications. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. THIS DOCUMENT HAS IMPORTANT LEGAL 1.2.2 Organization of the Specifications into divisions, sections and articles, and CONSEQUENCES.CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH arrangement of Drawings shall not control the Contractor in dividing the Work among RESPECT TO ITS COMPLETION OR Subcontractors or in establishing the extent of Work to be performed by any trade. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known DOCUMENT MAY BE MADE BY USING AIA technical or construction industry meanings are used in the Contract Documents in accordance DOCUMENT D401. with such recognized meanings. This document has been approved and 1.3 CAPITALIZATION endorsed by The Associated General 1.3.1 Terms capitalized in these General Conditions include those which are (>) specifically Contractors of America. defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or(3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any' and articles such as "the" and "an," but the fact that a modifier or an tilt article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS ► 1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request. rllr 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. ..Illias 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE + 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may errri■ retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications 01997 AIA® and other documents prepared by the Architect or the Architect's consultants, and unless AIA DOCUMENT A201-1997 otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of GENERAL CONDITIONS OF THE r CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions go revised 1002.aia--1118/2002.AIA License Number 1008538,which expires on 9/3/2003. 10 Ift rr them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor,Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice,if any,shown on the Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be THIS DOCUMENT HAS IMPORTANT LEGAL construed as publication in derogation of the Architect's or Architect's consultants' copyrights CONSEQUENCES.CONSULTATION WITHAN or other reserved rights. ATTORNEY IS ENCOURAGED WITH urr RESPECT TO ITS COMPLETION OR ARTICLE 2 OWNER MODIFICATION.AUTHENTICATION OF THIS 2.1 GENERAL ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred DOCUMENT D401. to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all This document has been approved and matters requiring the Owner's approval or authorization. Except as otherwise provided in endorsed by The Associated General rr Subparagraph 4.2.1, the Architect does not have such authority. The term "Owner" means the Contractors of America. Owner or the Owner's authorized representative. 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. err 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall,at the written request of the Contractor,prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract.Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. After such evidence has been furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. 2.2.2 Except for permits and fees,including those required under Subparagraph 3.7.1,which are the responsibility of the Contractor under the Contract Documents,the Owner shall secure ow and pay for necessary approvals,easements,assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. a® 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations No and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. ■rte 2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Any other information or services 01997 AIA® relevant to the Contractor's performance of the Work under the Owner's control shall be AIA DOCUMENT A201- 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION »Copyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967—, 1970, 1976, 1987, m 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. go States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions to revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 11 wr furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated; however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity,except to the extent required by Subparagraph 6.1.3. THIS DOCUMENT HAS IMPORTANT LEGAL 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK CONSEQUENCES.CONSULTATION WITH AN IS ENCOURAGED WITH 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the RESPECT TO ITS COMPLETION OR rr Contract Documents and fails within a seven-day period after receipt of written notice from MODIFICATION.AUTHENTICATION OF THIS the Owner to commence and continue correction of such default or neglect with diligence and ELECTRONICALLY DRAFTED AIA promptness, the Owner may after such seven-day period give the Contractor a second written DOCUMENT MAY BE MADE BY USING AIA notice to correct such deficiencies within a three-day period. If the Contractor within such DOCUMENT D401. three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, This document has been approved and correct such deficiencies. In such case an appropriate Change Order shall be issued deducting endorsed by The Associated_General from payments then or thereafter due the Contractor the reasonable cost of correcting such Contractors of America. deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the no Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 GENERAL Ire 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor"means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 Since the Contract Documents are complementary,before starting each portion of the r Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Subparagraph 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site w affecting it.These obligations are for the purpose of facilitating construction by the Contractor ®1997 AIA® and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract AIA DOCUMENT A201-1997 Documents; however, any errors, inconsistencies or omissions discovered by the Contractor GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 genl conditions revised 1002.aia-- 11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 12 rir shall be reported promptly to the Architect as a request for information in such form as the Architect may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect,but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless arr otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances,building codes, and rules and regulations,but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make err Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2,the Contractor shall pay such costs and damages to THIS DOCUMENT HAS IMPORTANT LEGAL the Owner as would have been avoided if the Contractor had performed such obligations. The CONSEQUENCES.CONSULTATION WITHAN Contractor shall not be liable to the Owner or Architect for damages resulting from errors, ATTORNEY IS ENCOURAGED WITH so inconsistencies or omissions in the Contract Documents or for differences between field RESPECT TO ITS COMPLETION OR measurements or conditions and the Contract Documents unless the Contractor recognized MODIFICATION.AUTHENTICATION OF THI5 such error, inconsistency, omission or difference and knowingly failed to report it to the ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA Architect. +iwr DOCUMENT D401. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES This document has been approved and 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill endorsed by The Associated General an and attention.The Contractor shall be solely responsible for and have control over construction Contractors of America. means,methods,techniques,sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning IN construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means,methods,techniques,sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures No may not be safe,the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the as Contractor,the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or so entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. wo 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. ®®�I 3.4 LABOR AND MATERIALS dw 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water, heat, utilities, transportation, and other facilities and services necessary for proper execution iY � and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. ®1997 AIA® 3.4.2 The Contractor may make substitutions only with the consent of the Owner, after AIA DOCUMENT A201-1997 evaluation by the Architect and in accordance with a Change Order. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 y T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 genl conditions rrrR revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 13 �rlr to 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit aw employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment r furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents.Work not conforming to these requirements,including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory THIS DOCUMENT HAS IMPORTANT LEGAL evidence as to the kind and quality of materials and equipment. CONSEQUENCES.CONSULTATION WITH AN 3.6 TAXES ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 3.6.1 The Contractor shall pay sales,consumer,use and similar taxes for the Work provided MODIFICATION.AUTHENTICATION OF THIS by the Contractor which are legally enacted when bids are received or negotiations concluded, ELECTRONICALLY DRAFTED AIA ' whether or not yet effective or merely scheduled to go into effect. DOCUMENT MAY BE MADE BY USING AIA Insert A: 3.6.2 Contractor shall submit records of taxes paid to the Department of DOCUMENT D401. Revenue in conformance with State requirements. Retainage of final payment will be This document has been approved and released after State Department of Revenue affidavit is received from the State and endorsed by The associated General other contractual requirements are met. Contractors of America. 3.7 PERMITS, FEES AND NOTICES 3.7.1 kltiless athenvise pfevided-iH 44w- tr-aEt �4ke G e s - arrd-pay 44 4he� permit-a*d ether omits-a-n4� , -fees-, lieerises-a-r4- inspeEtiees neeessat=y fer pr-ape Mien ai3d f e€the WefIE�ere Lm The Contractor shall apply and pay for all necessary permits or licences required for the execution of the Work except that the Owner shall apply and pay for the building permit, demolition permit, plan check fee, environmental impact statement checklist fees, traffic mitigation fees, fire mitigation fees, parks mitigation fees, wetland buffer mitigation fees. and L.I.D. fees. ow 3.7.2 The Contractor shall comply with and give notices required by laws,ordinances,rules, regulations and lawful orders of public authorities applicable to performance of the Work._ The Contractor's Operations shall meet requirements of applicable Federal State law ow and all safety regulations set forth in "Safety Standards for Construction" and "General Safety Standards." published and in effect at the time of receipt of bids as promulgated by the Depart ment of Labor and Industries. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are �,.. in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are wr at variance therewith,the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. ,; 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, +0 ordinances, building codes, and rules and regulations without such notice to the Architect and Owner,the Contractor shall assume appropriate res responsibility for such Work and shall bear the ®1997 AIA® p Y AIA DOCUMENT A201- 1997 costs attributable to correction. GENERAL CONDITIONS OF THE rir CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. w States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 genl conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. ow 14 r" ■r 3.8 ALLOWANCES Vrr 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. +r 3.8.2 Unless otherwise provided in the Contract Documents: 1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site,labor,installation costs, overhead, profit and other expenses contemplated for stated allowance amounts 40 shall be included in the Contract Sum but not in the allowances; .3 whenever costs are more than or less than allowances, the Contract Sum shall be THIS DOCUMENT HAS IMPORTANT LEGAL adjusted accordingly by Change Order. The amount of the Change Order shall CONSEQUENCES.CONSULTATION WITHAN reflect (1) the difference between actual costs and the allowances under Clause ATTORNEY IS ENCOURAGED WITH ,w 3.8.21 and(2)changes in Contractors costs under Clause 3.8.2.2. RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THI5 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in ELECTRONICALLY DRAFTED AIA sufficient time to avoid delay in the Work. DOCUMENT MAY BE MADE BY USING AIA 1W DOCUMENT D401. 3.9 SUPERINTENDENT This document has been approved and 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants endorsed by The Associated General who shall be in attendance at the Project site during performance of the Work. The Contractors of America. " superintendent shall represent the Contractor, and communications P P given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the "" Drawings,Specifications,Addenda,Change Orders and other Modifications,in good order and ' marked currently to record field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required f •� a. � submittals. These shall be available to the Architect and shall be delivered to the Architect for No submittal to the Owner upon completion of the Work. ®1997 AIA® 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES AIA DOCUMENT A201-1997 rr GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION »Copyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. No States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions M revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 15 ow IA 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor,Sub-subcontractor,manufacturer,supplier or distributor to illustrate some portion of the Work. io 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. r 3.12.3 Samples are physical examples which illustrate materials,equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor r�r proposes to conform to the information given and the design concept expressed in the THIS DOCUMENT HAS IMPORTANT LEGAL Contract Documents. Review by the Architect is subject to the limitations of Subparagraph CONSEQUENCES.CONSULTATION WITHAN 4.2.7. Informational submittals upon which the Architect is not expected to take responsive ATTORNEY IS ENCOURAGED WITH action may be so identified in the Contract Documents. Submittals which are not required by RESPECT TO ITS COMPLETION OR riot the Contract Documents may be returned by the Architect without action. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve DOCUMENT MAY BE MADE BY USING AIA and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals DOCUMENT D401. required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. This document has been approved and Submittals which are not marked as reviewed for compliance with the Contract Documents endorsed by The Associated General and approved by the Contractor may be returned by the Architect without action. Contractors of America. 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so,and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such Mai deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction , Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop �• , Drawings, Product Data, Samples or similar submittals,to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architect's ti; , A approval of a resubmission shall not apply to such revisions. f � 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the 01997 AIA® Contract Documents for a portion of the Work or unless the Contractor needs to provide such AIA DOCUMENT A201- 1997 services in order to carry out the Contractor's responsibilities for construction means,methods, GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 gent conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 16 w rr techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems,materials or equipment are specifically w required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy.The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings,calculations,specifications,certifications, "�"` Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional,if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner wo and the Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review, u, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract THIS DOCUMENT HAS IMPORTANT LEGAL Documents. The Contractor shall not be responsible for the adequacy of the performance or CONSEQUENCES.CONSULTATION WITHAN design criteria required by the Contract Documents. ATTORNEY 15 ENCOURAGED WITH VW RESPECT TO ITS COMPLETION OR 3.13 USE OF SITE MODIFICATION.AUTHENTICATION OF TH15 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ELECTRONICALLY DRAFTED AIA ordinances,permits and the Contract Documents and shall not unreasonably encumber the site DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. No with materials or equipment. This document has been approved and 3.14 CUTTING AND PATCHING endorsed by The Associated General VW 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to Contractors of America. complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or wo partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor;such consent shall not be unreasonably rr withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the so Contractor's tools,construction equipment,machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the cost thereof shall be charged to the Contractor. 00 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in aw preparation and progress wherever located. 3.17 ROYALTIES, PATENTS AND COPYRIGHTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend orr suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or 01997 AIA® AIA DOCUMENT A201 - 1997 manufacturers is required by the Contract Documents or where the copyright violations are GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. ow States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 gent conditions +w revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 17 to contained in Drawings,Specifications or other documents prepared by the Owner or Architect. However,if the Contractor has reason to believe that the required design,process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Paragraph 11.3, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to rrrr attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or 10 indirectly employed by them or anyone for whose acts they may be liable,regardless of whether THIS DOCUMENT HAS IMPORTANT LEGAL or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder. CONSEQUENCES.CONSULTATION WITHAN Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations ATTORNEY IS ENCOURAGED WITH OR of indemnity hich would otherwise exist as to a party or person described in this Paragraph RESPECT ITS COMPLETION Y MODIFICATTI ON.AUTHENTICATION OF THIS 3.18. ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an DOCUMENT D401. employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under This document has been approved and Subparagraph 3.18.1 shall not be limited by a limitation on amount or type of damages, endorsed by The Associated General compensation or benefits payable by or for the Contractor or a Subcontractor under workers' Contractors of America. compensation acts,disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 00 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect"means the do Architect or the Architect's authorized representative. 4.1.2 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of ow the Owner,Contractor and Architect.Consent shall not be unreasonably withheld. 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the w Contract Documents shall be that of the former Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be an Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one-year , period for correction of Work described in Paragraph 12.2.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work 01997 AIA® completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 19151 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects ' quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 genl conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 18 M and (3)to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, ' except as provided in Subparagraph 3.3.1. 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. up 4.2.4 Communications Facilitating Contract Administration. Except as otherwise THIS DOCUMENT HAS IMPORTANT LEGAL provided in the Contract Documents or when direct communications have been specially CONSEQUENCES.CONSULTATION WITH AN authorized,the Owner and Contractor shall endeavor to communicate with each other through ATTORNEY IS ENCOURAGED WITH the Architect about matters arising out of or relating to the Contract. Communications by and RESPECT TO ITS COMPLETION OR with the Architect's consultants shall be through the Architect. Communications by and with MODIFICATION.AUTHENTICATION OF TH15 Subcontractors and material suppliers shall be through the Contractor. Communications by ELECTRONICALLY DRAFTED AIA and with separate contractors shall be through the Owner. DOCUMENT MAY BE MADE BY USING AIA ww DOCUMENT D401. 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the This document has been approved and Architect will review and certify the amounts due the Contractor and will issue Certificates for endorsed by The Associated General >trr Payment in such amounts. Contractors of America. 4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3,Whether or not such Work is fabricated,installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the rr Architect to the Contractor, Subcontractors, material and equipment suppliers,their agents or employees,or other persons or entities performing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the ww Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or Im separate contractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems,all of we which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute VW approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. �R�4 _ r to 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. ®1997 AIA® AIA DOCUMENT A201- 1997 aw GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 y T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. +r States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 gent conditions ow revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 19 aw 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner, for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concerning performance under and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN compliance with this Paragraph 4.2,then delay shall not be recognized on account of failure by ATTORNEY IS ENCOURAGED WITH the Architect to furnish such interpretations until 15 days after written request is made for RESPECT TO ITS COMPLETION OR » them. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and DOCUMENT MAY BE MADE BY USING AIA reasonably inferable from the Contract Documents and will be in writing or in the form of DOCUMENT D401. drawings. When making such interpretations and initial decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either This document has been approved and and will not be liable for results of interpretations or decisions so rendered in good faith. endorsed by The Associated General Contractors of America. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 00i 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract.The term"Claim"also includes 1W other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4W 4.3.2 Time Limits on Claims. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later.Claims must be initiated by written notice to the Architect and the other party. ow 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as , otherwise agreed in writing or as provided in Subparagraph 9.7.1 and Article 14,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at MW the site which are (1) subsurface or otherwise concealed physical conditions which differ 3 materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature,which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first 01997 AIA® observance of the conditions. The Architect will promptly investigate such conditions and, if AIA DOCUMENT A201- 1997 they differ materially and cause an increase or decrease in the Contractors cost of, or time GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 genl conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 20 iw required for,performance of any part of the Work,will recommend an equitable adjustment in the Contract Sum or Contract Time,or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that '- no change in the terms of the Contract is justified,the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within u days after the Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time ®`" shall be equitably adjusted,but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time,the adjustment shall be referred to the Architect for initial determination,subject to further proceedings pursuant to Paragraph 4.4• 00 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph io.6. THIS DOCUMENT HAS IMPORTANT LEGAL Insert B: 4.3.5.1 When extra work is performed under an approved Change Order CONSEQUENCES.CONSULTATION WITH AN and paid for by acceptable lump sum or mutually agreed prices the Contractor will be ATTORNEY 15 ENCOURAGED WITH limited to a markup of 10% overhead and profit including employment taxes fringe RESPECT TO ITS COMPLETION OR benefits related labor costs on materials to be entered into the work and on the MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA ownership or rental costs of construction plant and equipment employed during the DOCUMENT MAY BE MADE BY USING AIA ow time of the extra work The markup does not apply to cost of materials DOCUMENT D401. Insert C: When extra work is performed as above by a subcontractor to the General This document has been approved and Contractor. the General Contractor shall be limited to a 10% markup on the endorsed by The Associated General ww subcontractor's work. Contractors of America. Insert D: No further markup shall be permitted to cover the Contractor's costs for bonding, insurance and the like. go 4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to(1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault,(3)a written order for a minor change in the Work " issued by the Architect, (4)failure of payment by the Owner,(5)termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3• 4.3.7 Claims for Additional Time 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time,written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of ow cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim aw shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. r 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible,written notice of such injury or damage, 'A;;' -;r to whether or not insured,shall be given to the other party within a reasonable time not exceeding u days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. 01997 AM) AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE r CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 19V—, @ 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. aw States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions rr revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 21 we 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor,the applicable unit prices �r shall be equitably adjusted. 4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: 1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or + ► employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from THIS DOCUMENT HAS IMPORTANT LEGAL the Work. CONSEQUENCES.CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH This mutual waiver is applicable,without limitation,to all consequential damages due to either RESPECT TO ITS COMPLETION OR rr party's termination in accordance with Article 14.Nothing contained in this Subparagraph 4.3.10 MODIFICATION.AUTHENTICATION OF THIS shall be deemed to preclude an award of liquidated direct damages, when applicable, in ELECTRONICALLY DRAFTED AIA accordance with the requirements of the Contract Documents. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Architect. Claims,including those alleging an error or omission by the This document has been approved and Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred endorsed by The Associated General initially to the Architect for decision.An initial decision by the Architect shall be required as a Contractors of America. wo condition precedent to mediation,arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless 3o days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In evaluating Claims,the Architect may,but shall not be obligated to,consult with or rrr seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data,if any,the , Architect will either reject or approve the Claim in whole or in part. 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or 01997 AIA® Contract Time or both.The approval or rejection of a Claim by the Architect shall be final and AIA DOCUMENT A201-1997 binding on the parties but subject to mediation and arbitration. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions revised 1002.aia--111812002.AIA License Number 1008538,which expires on 9/3/2003. 22 r 4.4.6 When a written decision of the Architect states that(1)the decision is final but subject aw to mediation and arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 3o days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 3o days' period shall result in the Architect's decision becoming final and binding upon the Owner and aw Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. 1W 4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or the Owner may,but is not obligated to,notify the surety,if any,of the nature and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Architect or the Owner may,but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. THIS DOCUMENT HAS IMPORTANT LEGAL 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH Claim may proceed in accordance with applicable law to comply with the lien notice or filing RESPECT TO ITS COMPLETION OR deadlines prior to resolution of the Claim by the Architect,by mediation or by arbitration. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 4.5 MEDIATION DOCUMENT MAY BE MADE BY USING AIA +rr 4.5.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic DOCUMENT D401. effect and except those waived as provided for in Subparagraphs 4.3.10, 9.10.4 and 9.10.5 shall, This document has been approved and after initial decision by the Architect or 3o days after submission of the Claim to the Architect, endorsed by The Associated General be subject to mediation as a condition precedent to arbitration or the institution of legal or Contractors of America. raw equitable proceedings by either party. 4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the No parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association.The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or o' equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. ON 4.5.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. "W 4.6 ARBITRATION 4.6.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.10,9.10.4 and 9.10.5, shall, 00 after decision by the Architect or 3o days after submission of the Claim to the Architect, be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by e. mediation in accordance with the provisions of Paragraph 4.5• ow Insert E: If a dispute arises out of or relates to this contract or the breach thereof. and ` if said dispute cannot be resolved through administrative procedures and mediation ,-W the Contractor shall advise the Architect in writing that arbitration Is desired according ; r rw to the mediation rules of the American Arbitration Association. Insert F: The costs of such arbitration shall be borne equally by all parties unless it is 01997 AIA® AIA DOCUMENT A201-1997 the board's majority opinion that the Contractor's filing of the protest or action IS GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. VW quotation and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 gent conditions Ow revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 23 w 1 capricious or without reasonable foundation. In the latter case, all costs shall be borne by the Contractor. so 4.6.2 Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American us Arbitration Association,and a copy shall be filed with the Architect. 4.6.3 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.4.6 and 4.6.1 as applicable,and in other cases within a reasonable time after the No Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. to 4.6.4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating THIS DOCUMENT CONSULTATION LEGAL CONSEQUENCES.CONSULTATION WITH AN to the Contract shall include,by consolidation or joinder or in any other manner,the Architect, ATTORNEY IS ENCOURAGED WITH the Architect's employees or consultants, except by written consent containing specific RESPECT TO ITS COMPLETION OR V' reference to the Agreement and signed by the Architect, Owner, Contractor and any other MODIFICATION.AUTHENTICATION OF THIS person or entity sought to be joined.No arbitration shall include,by consolidation or joinder or ELECTRONICALLY DRAFTED AIA in any other manner, parties other than the Owner, Contractor, a separate contractor as DOCUMENT MAY BE MADE BY USING AIA described in Article 6 and other persons substantially involved in a common question of fact or DOCUMENT D401. rirrlii law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner,Contractor or a separate contractor as described in Article 6 shall This document has been approved and be included as an original third party or additional third party to an arbitration whose interest endorsed by The Associated General or responsibility is insubstantial.Consent to arbitration involving an additional person or entity Contractors of America. shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 4.6.5 Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. 4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a ' Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub- ;'rs subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF 01997 AIA® THE WORK AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION <opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 gent conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 24 ■r 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to i" furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect,after due investigation,has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by aw the Contractor,the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be ATTORNEY 1S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR ' issued before commencement of the substitute Subcontractor's Work. However,no increase in MODIFICATION.AUTHENTICATION OF THIS the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has ELECTRONICALLY DRAFTED AIA acted promptly and responsively in submitting names as required. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D40I. 5.2.4 The Contractor shall not change a Subcontractor,person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. This document has been approved and endorsed by The Associated General arw 5.3 SUBCONTRACTUAL RELATIONS Contractors of America. 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, VW identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub- subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS aw.. 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to r the Owner provided that: 1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements :*.���.�' which the Owner accepts by notifying the Subcontractor and Contractor in No writing;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond 01997 AIA® relating to the Contract. AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE in CONTRACT FOR CONSTRUCTION <opyrig t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The.American Institute of Architects Am quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until ow the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 25 ow 5.4.2 Upon such assignment, if the Work has been suspended for more than 3o days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the ow Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3• THIS DOCUMENT HAS IMPORTANT LEGAL 6.1.2 When separate contracts are awarded for different portions of the Project or other CONSEQUENCES.CONSULTATION WITH AN construction or operations on the site, the term "Contractor" in the Contract Documents in ATTORNEY 15 ENCOURAGED WITH each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. RESPECT TO ITS COMPLETION OR rM► MODIFICATION.AUTHENTICATION OF THIS 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces ELECTRONICALLY DRAFTED AIA and of each separate contractor with the Work of the Contractor, who shall cooperate with DOCUMENT MAY BE MADE BY USING AIA them. The Contractor shall participate with other separate contractors and the Owner in DOCUMENT D401. reviewing their construction schedules when directed to do so. The Contractor shall make any This document has been approved and revisions to the construction schedule deemed necessary after a joint review and mutual endorsed by The associated General agreement. The construction schedules shall then constitute the schedules to be used by the Contractors of America. Contractor,separate contractors and the Other until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3,this Article 6 and Articles 10,a and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor,the Contractor shall,prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then �. reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or 519� defective construction of the Contractor.The Owner shall be responsible to the Contractor for +;84'1�i costs incurred by the Contractor because of delays,improperly timed activities, damage to the ® Work or defective construction of a separate contractor. ®1997 AIA® AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE 11 CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 gent conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 26 wo 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate wr contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Subparagraph 3.14. No 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor,separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL THIS DOCUMENT HAS IMPORTANT LEGAL 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and CONSEQUENCES.CONSULTATION WITHAN without invalidating the Contract, by Change Order, Construction Change Directive or order ATTORNEY IS ENCOURAGED WITH ww for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere RESPECT TO ITS COMPLETION OR in the Contract Documents. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and DOCUMENT MAY BE MADE BY USING AIA Im Architect; a Construction Change Directive requires agreement by the Owner and Architect DOCUMENT D401. and may or may not be agreed to by the Contractor; an order for a minor change in the Work This document has been approved and may be issued by the Architect alone. endorsed by The Associated General Contractors of America. ow 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order,Construction Change Directive or order for a minor change in the Work. to 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor and Architect,stating their agreement upon all of the following: 1W .1 change in the Work; .2 the amount of the adjustment,if any,in the Contract Sum;and U, .3 the extent of the adjustment,if any,in the Contract Time. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3• o 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on "�'" adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive,without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, aw the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on `r ;; the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: AIA a iA® AIA DOCUMENT A201- 1997 si+r GENERAL CONDITIONS OF THE ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. �r► States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions rr revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 27 ow .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be THIS DOCUMENT HAS IMPORTANT LEGAL recorded as a Change Order. CONSEQUENCES.CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH 7.3.6 If the Contractor does not respond promptly or disagrees with the method for RESPECT TO ITS COMPLETION OR g' adjustment in the Contract Sum, the method and the adjustment shall be determined by the MODIFICATION.AUTHENTICATION OF THIS Architect on the basis of reasonable expenditures and savings of those performing the Work ELECTRONICALLY DRAFTED AIA attributable to the change, including, in case of an increase in the Contract Sum, a reasonable DOCUMENT MAY BE MADE BY USING AIA allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor DOCUMENT D401. shall keep and present, in such form as the Architect may prescribe, an itemized accounting This document has been approved and together with appropriate supporting data. Unless otherwise provided in the Contract endorsed by The Associated General Documents,costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: Contractors of America. so 1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work;and .5 additional costs of supervision and field office personnel directly attributable to the change. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs.For any portion of such cost that remains in dispute,the Architect will make an interim determination for purposes of monthly certification for payment for those costs.That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Architect ®1997 AIA® concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach AIA DOCUMENT A201- 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 gent conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. to 28 06 wr agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. Aw 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with km the intent of the Contract Documents.Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. iw ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided,Contract Time is the period of time, including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. THIS DOCUMENT HAS IMPORTANT LEGAL 8.1.2 The date of commencement of the Work is the date established in the Agreement. CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH wlr 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance RESPECT TO ITS COMPLETION OR with Paragraph 9.8. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 8.1.4 The term "day as used in the Contract Documents shall mean calendar day unless DOCUMENT MAY BE MADE BY USING AIA Vur fi DOCUMENT D407. otherwise specifically defined. This document has been approved and 8.2 PROGRESS AND COMPLETION endorsed by The Associated General 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By Contractors of America. executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. rrr 8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner go in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article ii to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents or a notice to ow proceed given by the Owner,the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. VW 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME wu 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, ow fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. r 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of ®1997 AIA® Paragraph 4.3. AIA DOCUMENT A201- 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION »Copyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, m 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 gent conditions AV revised 1002.aia--11/812002.AIA License Number 1008538,which expires on 9/3/2003. 29 ow 8.3.3 This Paragraph 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under " the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment,the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Wlt Applications for Payment. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 9.3 APPLICATIONS FOR PAYMENT ATTORNEY IS ENCOURAGED WITH 9.3.1 At least ten days before the date established for each progress payment,the Contractor RESPECT TO ITS COMPLETION OR shall submit to the Architect an itemized Application for Payment for operations completed in MODIFICATION.AUTHENTICATION OF THIS accordance with the schedule of values. Such application shall be notarized, if required, and ELECTRONICALLYDRAFTEDAIA supported b such data substantiating the Contractors right to payment as the Owner or DOCUMENT MAY BE MADE BY USING AIA PP Y g g P Y DOCUMENT D401. Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents. Applications This document has been approved and made after the day of the month or the time period established as the final day for endorsed by The Associated General acceptance will be considered in the next payment period. Application shall be made Contractors of America. on AIA Form G702 and G703 breakdown of work delineated on Form G703 shall be detailed on Schedule of Values. Insert G: a. The Owner shall retain a sum equal to five percent (5%) of the amount earned by the Contractor, as a trust fund for the protection and payment of any person or persons mechanics subcontractor, or material suppliers who shall perform any labor upon this Contract and all persons who shall supply such person or persons of Subcontractors with provisions and supplies for carrying on of such work and the State of Washington with respect to taxes imposed pursuant to RCW Title 82 which may be due from same Contractor. Insert H: b. In accordance with the provisions of Chapter 60.28 RCW, above trust fund shall be retained for a minimum period of sixty (60) days following Final Completion and when the requirements of the Contract and requirements in Section 01700 - Project Administration and Closeout have been fulfilled. Insert I: In the event these requirements are not met, the Owner may pay a percentage of the retainage holding back that quantity of money reasonable to rrr complete the unfinished items. Retainage held may cover costs including, but shall not be limited to the following material suppliers and laborer's liens, tax liens, cost and attorney's fees to defray the cost of foreclosing all of the liens, costs. and Architect's fees to defray cost of additional Construction Administration services. Refer to Specifications Section 01700, Project Administration and Closeout. for 1, , additional provisions on this subject. -A;. ;;,,� Irrrrrrrrrl 9.3.1.1 As provided in Subparagraph 7.3.8, such applications may include requests for payment on account of changes in the Work which have been properly authorized by 01997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 gent conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 30 Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. �w 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be *W made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and +W shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITHAN 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment ATTORNEY IS ENCOURAGED WITH ""` will pass to the Owner no later than the time of payment.The Contractor further warrants that RESPECT TO ITS COMPLETION OR upon submittal of an Application for Payment all Work for which Certificates for Pa ment MODIFICATION.AUTHENTICATION OF THIS Pay ELECTRONICALLY DRAFTED AIA have been previously issued and payments received from the Owner shall, to the best of the DOCUMENT MAY BE MADE BY USING AIA up Contractor's knowledge, information and belief, be free and clear of liens, claims, security DOCUMENT D401. interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and This document has been approved and equipment relating to the Work. endorsed by The Associated General ow Contractors of America. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue to the Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by a.e.■ the Owner to substantiate the Contractor's right to payment, or (4) made examination to ow ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION ++Ir��•" 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the 07997 AIA® representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect AIA DOCUMENT A201-1997 is unable to certify payment in the amount of the Application, the Architect will notify the GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 gent conditions ' revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 31 «P Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount,the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 3.3.2,because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; THIS DOCUMENT HAS IMPORTANT LEGAL .5 damage to the Owner or another contractor; CONSEQUENCES.CONSULTATION WITHAN .6 reasonable evidence that the Work will not be completed within the Contract ATTORNEY IS ENCOURAGED WITH Time, and that the unpaid balance would not be adequate to cover actual or RESPECT TO ITS COMPLETION OR liquidated damages for the anticipated delay;or MODIFICATION.AUTHENTICATION OF THIS .7 persistent failure to carry out the Work in accordance with the Contract ELECTRONICALLY DRAFTED AIA Documents. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 9.5.2 When the above reasons for withholding certification are removed, certification will This document has been approved and be made for amounts previously withheld. endorsed by The Associated General Contractors of America. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so ' notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner,out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work,the amount to which said Subcontractor is entitled,reflecting percentages "` actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor,require each Subcontractor to make payments to Sub-subcontractors in a similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable,information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in =� Subparagraphs 9.6.2,9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of a the Project by the Owner shall not constitute acceptance of Work not in accordance with the •,�; � Contract Documents. 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum 01997 AIA® of the Contract Sum, payments received by the Contractor for Work properly performed by AIA DOCUMENT A201-1997 Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 genl conditions it revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 32 40 w° suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents-the amount certified by the Architect or awarded by arbitration,then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be *V extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay and start-up,plus interest as provided for in THIS DOCUMENT HAS IMPORTANT LEGAL the Contract Documents. CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH 4W 9.8 SUBSTANTIAL COMPLETION RESPECT TO ITS COMPLETION OR 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or MODIFICATION.AUTHENTICATION OF THIS ELKTRONICALLY DRAFTED AIA designated portion thereof is sufficiently complete in accordance with the Contract Documents DOCUMENT MAY BE MADE BY USING AIA Vw so that the Owner can occupy or utilize the Work for its intended use. DOCUMENT D407. 9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner This document has been approved and agrees to accept separately, is substantially complete, the Contractor shall prepare and submit endorsed by The Associated General rw to the Architect a comprehensive list of items to be completed or corrected prior to final Contractors of America. payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. w 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the aw Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then to submit a request for another inspection by the Architect to determine Substantial Completion. 9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial 4W Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of Aw the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and -r Contractor for their written acceptance of responsibilities assigned to them in such Certificate. ' Upon such acceptance and consent of surety, if any, the Owner shall make payment of ;+ retainage applying to such Work or designated portion thereof.Such payment shall be adjusted . for Work that is incomplete or not in accordance with the requirements of the Contract Documents. ®1997 AIA® 9.9 PARTIAL OCCUPANCY OR USE AIA DOCUMENT A201- 1997 rrr GENERAL CONDITIONS OF THE ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. a+ States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions #W revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 33 wo 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Clause 11.4.1.5 and authorized by public authorities having jurisdiction over the Work.Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities,damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial tiir occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached,by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and THIS DOCUMENT HAS IMPORTANT LEGAL Architect shall jointly inspect the area to be occupied or portion of the Work to be used in CONSEQUENCES.CONSULTATIONWITHAN order to determine and record the condition of the Work. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS 9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the ELECTRONICALLY DRAFTED AIA Work shall not constitute acceptance of Work not complying with the requirements of the DOCUMENT MAY BE MADE BY USING AIA Contract Documents. DOCUMENT D401. 9.10 FINAL COMPLETION AND FINAL PAYMENT This document has been approved and 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and endorsed by The Associated General acceptance and upon receipt of a final Application for Payment, the Architect will promptly Contractors of America. make such inspection and,when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner)have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 3o days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) rrrr consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of �®r® liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release w or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are :t made,the Contractor shall refund to the Owner all money that the Owner may be compelled to "' ''* pay in discharging such lien,including all costs and reasonable attorneys'fees. ow 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially 01997 AIA®AIA DOCUMENT A201-1997 delayed through no fault of the Contractor or by issuance of Change Orders affecting final GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 genl conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. ` 34 w completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such aw payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. of 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: 1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or THIS DOCUMENT HAS IMPORTANT LEGAL .3 terms of special warranties required by the Contract Documents. CONSEQUENCES.CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier MODIFICATION.AUTHENTICATION OF THIS shall constitute a waiver of claims by that payee except those previously made in writing and ELECTRONICALLY DRAFTED AIA identified by that payee as unsettled at the time of final Application for Payment. DOCUMENT MAY BE MADE BY USING AIA No DOCUMENT D401. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS This document has been approved and 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all endorsed by The Associated General ow safety precautions and programs in connection with the performance of the Contract. Contractors of America. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage,injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors;and .3 other property at the site or adjacent thereto, such as trees,shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Insert J: 4. Other property at the site or adjacent thereto including occupants of said property, customers visitors and passersby from injury and discomfort. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, +w regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. Insert K: It shall be the responsibility of the Contractor to comply with all requirements of the Occupational Safety and Health Act of 1971 (OSHA) and the Laws of ' Washington Relative to Industrial Safety and Health The methods of compliance with safety and health precautions are the responsibility of the Contractor and are not Apia% shown on the Contract Drawing or described in the Technical Specification 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and 01997 AIA® performance of the Contract,reasonable safeguards for safety and protection,including posting AIA DOCUMENT A201- 1997 w g P g GENERAL CONDITIONS OF THE ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. go States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 genl conditions up revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 35 to danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to properly referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3,except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under THIS DOCUMENT HAS IMPORTANT LEGAL Paragraph 3.18. CONSEQUENCES.CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization RESPECT TO ITS COMPLETION OR at the site whose duty hall be the prevention of accidents.This person shall be the Contractor's MODIFICATION.AUTHENTICATION OF THIS Y P P ELECTRONICALLY DRAFTED AIA superintendent unless otherwise designated by the Contractor in writing to the Owner and DOCUMENT MAY BE MADE BY USING AIA Architect. DOCUMENT D401. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be This document has been approved and loaded so as to endanger its safety. endorsed by The Associated General Contractors of America. 10.3 HAZARDOUS MATERIALS 10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor 'V shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and,in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has Wk reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall w resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-up,which adjustments shall be accomplished as provided in Article 7. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless ,.;f the Contractor,Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area 01997 AIA® if in fact the material or substance presents the risk of bodily injury or death as described in AIA DOCUMENT A201- 1997 Subparagraph 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 36 +M or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. rw 10.4 The Owner shall not be responsible under Paragraph 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the ++w Contract Documents. 10.5 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.6 EMERGENCIES aw 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractors discretion, to prevent threatened damage, injury or loss. Additional THIS DOCUMENT HAS IMPORTANT LEGAL compensation or extension of time claimed by the Contractor on account of an emergency CONSEQUENCES.CONSUL TATIONWITHAN shall be determined as rovided in Para rah g y ATTORNEY IS ENCOURAGED WITH P Paragraph 4.3 and Article 7. RESPECT TO ITS COMPLETION OR ARTICLE 11 INSURANCE AND BONDS MODIFICATION.AUTHENTICATION OFTHI5 ELECTRONICALLY DRAFTED AIA 11.1 CONTRACTOR'S LIABILITY INSURANCE DOCUMENT MAY BE MADE BY USING AIA w 11.1.1 The Contractor shall purchase from and maintain in a company or companies DOCUMENT D407. lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or This document has been approved and endorsed by The Associated General result from the Contractor's operations under the Contract and for which the Contractor may it be legally liable, whether such operations be by the Contractor or by a Subcontractor or by Contractors of America. anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; ,rw .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage; .5 claims for damages, other than to the Work itself, because of injury to or aw destruction of tangible property,including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; and .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. aw 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater.Coverages,whether written on an occurrence or claims-made basis,shall be maintained ow without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. -�Vv � N. 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance policies required by this Paragraph im shall contain a provision that coverages afforded under the policies will not be 01997 AIA® canceled or allowed to expire until at least 3o days' prior written notice has been given to the AIA DOCUMENT A201- 1997 rr GENERAL CONDITIONS OF THE ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 y T e CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. up States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 gent conditions VW revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 37 +w Owner. If any of the foregoing insurance coverages are required to remain in force after Final payment and are reasonably available,an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate,or both,shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE 11.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owners, Contractors and Architect's vicarious liability for construction THIS DOCUMENT HAS IMPORTANT LEGAL operations under the Contract. Unless otherwise required by the Contract Documents, the CONSEQUENCES.CONSULTATION WITHAN Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of ATTORNEY 15 ENCOURAGED WITH purchasing and maintaining such optional insurance coverage,and the Contractor shall not be RESPECT TO ITS COMPLETION OR ri► responsible for purchasing any other liability insurance on behalf of the Owner.The minimum MODIFICATION.AUTHENTICATION OF THIS limits of liability purchased with such coverage shall be equal to the aggregate of the limits ELECTRONICALLY DRAFTED AIA required for Contractors Liability Insurance under Clauses 11.1.1.2 through 11.1.1.5. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. qW 11.3.2 To the extent damages are covered by Project Management Protective Liability insurance,the Owner,Contractor and Architect waive all rights against each other for damages, This document has been approved and except such rights as they may have to the proceeds of such insurance.The policy shall provide endorsed by The Associated General for such waivers of subrogation by endorsement or otherwise. Contractors of America. 11.3.3 The Owner shall not require the Contractor to include the Owner,Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Paragraph u.l. 11.4 PROPERTY INSURANCE 11.4.1 Unless otherwise provided,the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk"all-risk"or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others,comprising total value for the entire Project at the site 11w on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance,until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner «w has an insurable interest in the property required by this Paragraph 11.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project. Insert L: Parties initiating claims against the Owner-provided insurance shall be financially responsible for the deductible portion of the adjustment. MW 11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including,without duplication of coverage,theft,vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary �® buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and 01997 AIA® Contractors services and expenses required as a result of such insured loss. AIA DOCUMENT A201- 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 y T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 genl conditions 1W revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 38 06 4W 11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so ow inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to ,ow purchase or maintain insurance as described above, without so notifying the Contractor in writing,then the Owner shall bear all reasonable costs properly attributable thereto. 11.4.1.3 If the property insurance requires deductibles, the Owner shall pay costs not aw covered because of such deductibles. 11.4.1.4 This property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. we 11.4.1.5 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN until the insurance company or companies providing property insurance have consented to ATTORNEY IS ENCOURAGED WITH such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor RESPECT TO ITS COMPLETION OR shall take reasonable steps to obtain consent of the insurance company or companies and shall, MODIFICATION.AUTHENTICATION OF THIS without mutual written consent, take no action with respect to partial occupancy or use that ELECTRONICALLY DRAFTED AIA would cause cancellation,lapse or reduction of insurance. DOCUMENT MAY BE MADE BY USING AIA +w DOCUMENT D401. 11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall This document has been approved and specifically cover such insured objects during installation and until Final acceptance by the endorsed by The Associated General VW Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Contractors of America. Sub-subcontractors in the Work,and the Owner and Contractor shall be named insureds. 11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owtierwaives all-Fig46#€dart against44ie- ContfaEte f;9f less ef use of the Owner-'S rr-Opel4y,iiiEhidifig Eensequential losses jife to fife or- .1 11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall,if possible,include such insurance,and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4.5 If during the Project construction period the Owner insures properties, real or +rr personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project,or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of *W Subparagraph 11.4.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 4W 11.4.6 Before an exposure to loss may occur,the Owner shall file with the Contractor a copy '+ of each policy that includes insurance coverages required by this Paragraph 11.4. Each policy * , shall contain all generally applicable conditions, definitions, exclusions and endorsements Am related to this Project.Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced,until at least 3o days' prior written notice has been given to the Contractor. 01997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 gent conditions +�► revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 39 wl+ 11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees,each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6,if any,and any of their subcontractors,sub-subcontractors,agents and employees,for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Paragraph 11.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor,as appropriate,shall require of the Architect,Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as ATTORNEY IS ENCOURAGED WITH fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may RESPECT TO ITS COMPLETION OR VW MODIFICATION.AUTHENTICATION OF THIS appear,subject to requirements of any applicable mortgagee clause and of Subparagraph 11.4.10. ELECTRONICALLY DRAFTED AIA The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the DOCUMENT MAY BE MADE BY USING AIA Contractor, and by appropriate agreements, written where legally required for validity, shall DOCUMENT D401. require Subcontractors to make payments to their Sub-subcontractors in similar manner. This document has been approved and 11.4.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon endorsed by The Associated General occurrence of an insured loss, give bond for proper performance of the Owner's duties. The Contractors of America. cost of required bonds shall be charged against proceeds received as fiduciary.The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.6. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. ww 11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved as provided in Paragraphs 4.5 and 4.6. The Owner as fiduciary shall, in the case of arbitration, make settlement with insurers in accordance with directions of the arbitrators.If distribution of insurance proceeds by arbitration is required,the arbitrators will direct such distribution. 11.5 PERFORMANCE BOND AND PAYMENT BOND 11.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. Insert M: Performance Bond and Labor and Materials Payment Bond - The Contractor agrees to comply with all requirements of Chapter 39.08 RCW. The Contractor shall secure and pay for a Performance Bond and a Labor and Materials Payment Bond issued by a bonding company licensed to transact business in the . - ,.4 11, locality of the project on the City Bond Form "Bond to the City of Renton." attached err and executed in pursuance to Chapter 39.08 Revised Code of Washington and any amendments thereto The Bond Form must comply with all requirements of the City 01997 AIA® Attorney. AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION »Copyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by T e al The American Institute of Architects American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substanti quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions till revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 40 4W Insert N: The surety bond shall be in the following penal sums: Insert O: Performance Bond: 100% of agreement sum plus Washington State Sales �" Tax Insert P: Labor and Material Payment: 100% of agreement sum plus Washington ow State Sales Tax Insert Q: The Contractor guarantees the excellence of both quality of work and materal, and the payment of all obligations incurred until the provisions of the "` Contract Document are fulfilled. 11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of a„ bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN ARTICLE 12 UNCOVERING AND CORRECTION OF WORK ATTORNEY 15 ENCOURAGED WITH Im 12.1 UNCOVERING OF WORK RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to ELECTRONICALLY DRAFTED AIA requirements specifically expressed in the Contract Documents, it must, if required in writing DOCUMENT MAY BE MADE BY USING AIA by the Architect, be uncovered for the Architect's examination and be replaced at the DOCUMENT D401. '� Contractor's expense without change in the Contract Time. This document has been approved and 12.1.2 If a portion of the Work has been covered which the Architect has not specifically endorsed by The Associated General am requested to examine prior to its being covered, the Architect may request to see such Work Contractors of America. and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall,by appropriate Change Order,be at the Owner's expense. If such Work is not in accordance with the Contract Documents,correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work,including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligations under Paragraph 3.5, if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the .. date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an f ; opportunity to make the correction, the Owner waives the rights to require correction by the �■® Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from 01997 AIA® the Owner or Architect,the Owner may correct it in accordance with Paragraph 2.4. AIA DOCUMENT A201- 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION »Copyrig t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. wrr States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 gent conditions err revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 41 an 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. Insert R: Where items on the Architect's"Punch List" have not been corrected prior to expiration of the guarantee period it shall nevertheless be the responsibility of the Contractor to permanently correct items and the Contract shall not be fully performed until such permanent corrections are made. All corrective work performed by the Contractor in remedying defective work shall be subject to the same guarantee requirements of the original work for a period of one year from the date of completion of the corrective work. Insert S: As directed by Architect, replace entirely, at no additional cost to Owner, any work requiring repeated service other than normal maintenance during guarantee period. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITHAN 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective ATTORNEY IS ENCOURAGED WITH Work performed by the Contractor pursuant to this Paragraph 12.2. RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS 12.2.3 The Contractor shall remove from the site portions of the Work which are not in ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA accordance with the requirements of the Contract Documents and are neither corrected by the DOCUMENT D401. Contractor nor accepted by the Owner. This document has been approved and 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, endorsed by The Associated General whether completed or partially completed, of the Owner or separate contractors caused by the Contractors of America. Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a.period of limitation with respect to other obligations which the Contractor might have under the Contract Documents.Establishment of the one-year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable.Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. °== 13.2 SUCCESSORS AND ASSIGNS ' 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, ',5. f• - .�� assigns and legal representatives to the ocher party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and ° obligations contained in the Contract Documents. Except as provided in Subparagraph 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of 01997 AIA® AIA DOCUMENT A201- 1997 GENERAL CONDITIONS OF THE ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by T e CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 genl conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 42 wr the other. If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. `w 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing construction financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under the Contract Documents. The rr Contractor shall execute all consents reasonably required to facilitate such assignment. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the ow individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. to 13.4 RIGHTS AND REMEDIES THI5 DOCUMENT HAS IMPORTANT LEGAL 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies CONSEQUENCES.CONSULTATION WITHAN available thereunder shall be in addition to and not a limitation of duties, obligations, rights ATTORNEY 15 ENCOURAGED WITH and remedies otherwise imposed or available by law. RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF TH15 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a ELECTRONICALLY DRAFTED AIA waiver of a right or duty afforded them under the Contract,nor shall such action or failure to DOCUMENT MAY BE MADE BY USING AIA �1+ act constitute approval of or acquiescence in a breach thereunder,except as may be specifically DOCUMENT D401. agreed in writing. This document has been approved and 13.5 TESTS AND INSPECTIONS endorsed by The Associated General Contractors of America. aw 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests,inspections and approvals with an independent testing IV laboratory or entity acceptable to the Owner,or with the appropriate public authority,and shall bear all related costs of tests,inspections and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may or be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that 11W portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1.,the Architect will,upon written authorization from the Owner,instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of ww when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Subparagraph 13.5.3,shall be at the Owner's expense. +++ 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the "w" Contractor's expense. ' 13.5.4 Required certificates of testing,inspection or approval shall,unless otherwise required —:;. by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. ®1997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE VW CONTRACT FOR CONSTRUCTION »Copyrig t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. Iwr States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions wr revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 43 aw 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior THIS DOCUMENT HAS IMPORTANT LEGAL to the relevant date of Substantial Completion, any applicable statute of CONSEQUENCES.CONSULTATION WITH AN limitations shall commence to run and any alleged cause of action shall be ATTORNEY IS ENCOURAGED WITH deemed to have accrued in any and all events not later than such date of RESPECT TO ITS COMPLETION OR Substantial Completion; MODIFICATION.AUTHENTICATION OF THIS A .2 Between Substantial Completion and Final Certificate for Payment. As DOCUMENT MAY BE MADE ELECTRONICALLY DRAFTED AI USING AIA to acts or failures to act occurring subsequent to the relevant date of Substantial DOCUMENT D401. Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of This document has been approved and action shall be deemed to have accrued in any and all events not later than the endorsed by The Associated General date of issuance of the final Certificate for Payment;and Contractors of America. .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Paragraph 3.5,the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner,whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub- subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: 1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government,such as a declaration of national emergency which requires all Work to be stopped; =� .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1,or because the Owner has not made payment on a Certificate , for Payment within the time stated in the Contract Documents;or .4 the Owner has failed to furnish to the Contractor promptly, upon they Contractor's request,reasonable evidence as required by Subparagraph 2.2.1. 01997 AIA® AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97x201 genl conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 44 .r 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph 14.3 constitute in the aggregate more than loo percent of the total number of days scheduled for completion,or 12o days in any 365-day period,whichever is less. rr 14.1.3 If one of the reasons described in Subparagraph 14.1.1 or 14.1.2 exists, the Contractor may,upon seven days' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to rr materials,equipment,tools, and construction equipment and machinery,including reasonable overhead,profit and damages. 14.1.4 If the Work is stopped for period of 6o consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently THIS DOCUMENT HAS IMPORTANT LEGAL failed to fulfill the Owner's obligations under the Contract Documents with respect to matters CONSEQUENCES.ENCOURAGED wIT WITHAN important to the progress of the Work, the Contractor may, upon seven additional days' ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION written notice to the Owner and the Architect, terminate the Contract and recover from the MODIFICATION.AUTHENTICATION OF THIS Owner as provided in Subparagraph 14.1.3. ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 14.2 TERMINATION BY THE OWNER FOR CAUSE DOCUMENT D407. 14.2.1 The Owner may terminate the Contract if the Contractor: 1 persistently or repeatedly refuses or fails to supply enough properly skilled This document has been approved and workers or proper materials; endorsed by The Associated General aw .2 fails to make payment to Subcontractors for materials or labor in accordance with Contractors of America. the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public w authority having jurisdiction;or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. wr 14.2.2 When any of the above reasons exist,the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any VW prior rights of the surety: 1 take possession of the site and of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; 2 accept assignment of subcontracts pursuant to Paragraph 5.4;and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. �r 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may 01997 AIA® be, shall be certified by the Architect, upon application, and this obligation for payment shall AIA DOCUMENT A201-1997 low survive termination of the Contract. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 199T 15y T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. 'm States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions `W revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 45 up Insert T: 14.2.5. In the event of termination of the Contract because of Contractor's failure to carry out the work. the Contractor shall have no claim against the Owner for profits or damages. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may,without cause, order the Contractor in writing to suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: 1 that performance is,was or would have been so suspended,delayed or interrupted by another cause for which the Contractor is responsible;or THIS DOCUMENT HAS IMPORTANT LEGAL .2 that an equitable adjustment is made or denied under another provision of the CONSEQUENCES.CONSULTATION WITH AN Contract. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE MODIFICATION.AUTHENTICATION OF THIS 14.4.1 The Owner may, at any time,terminate the Contract for the Owner's convenience and ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA without cause. DOCUMENT D401. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's This document has been approved and convenience,the Contractor shall: endorsed by The Associated General .1 cease operations as directed by the Owner in the notice; Contractors of America. .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work;and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. Insert U: .4 The "proven loss" shall be limited to the time period up to the notification of contract termination. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. ®1997 AIA® AIA DOCUMENT A201- 1997 GENERAL CONDITIONS OF THE »Copyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by T e CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201 genl conditions revised 1002.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 46 4" SECTION 00800 -SPECIAL CONDITIONS ow ARTICLE 1 - COMPLIANCE WITH WAGE RATES AND FILING OF "INTENT TO PAY PREVAILING WAGES" HEREINAFTER CALLED "INTENT" AND JW "AFFIDAVIT OF WAGES PAID" MW 2.1 " Prevailing Wages on Public Works"-The Contractor and Subcontractors shall comply with 39.12 RCW and amendments "Prevailing Wages on Public Works." The prevailing rate wages to be paid to all workers, laborers, or mechanics employed in the performance of any part of this ow Contract shall be in accordance therewith. 2.2 Current prevailing wage data will be furnished by the Industrial Statistician upon request. Requests shall be made to the State of Washington Department of Labor and Industries. The Contractor is responsible for paying the appropriate wage rates. ►: 2.3 The Contractor, and all Subcontractors, on or before the date of commencement of work, shall file a statement under oath with the City and with the Director of Labor and Industries certifying the rate of hourly wages paid to each classification of laborers, workers, or mechanics employed to perform work under this Contract shall not be less than the prevailing rate of wages determined by the Washington State Labor and Industries. Such statement and any supplemental statements which may be necessary shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries. 2.4 Copies of all "Intents" shall be on file with the Contractor, the Industrial Statistician, and the City. 2.5 "Affidavits of Wages Paid"- upon completion of project, the Contractor shall fully execute and file "Affidavit of Wages Paid" with the Washington State Department of Labor and Industries and any other agencies required by law. Sample copy enclosed herein. Copies shall be provided to the City prior to Final Completion, Final Payment and release of Retainage. Each affidavit of wages paid must be certified by the Industrial Statistician of the Department of Labor and Industries before it is submitted. 2.6 All costs and fees for and associated with the "Intent to Pay Prevailing Wages" and "Affidavits of Wages Paid" are to be paid by the Contractor. r ARTICLE 2-STATE LICENSING LAW The Contractor agrees to comply with all requirements of Chapter 18.27 RCW. The Contractor agrees and covenants to furnish unto the Owner proper evidence that the Contractor has fully complied with the State Licensing Law of the State of Washington, Chapter 18.27 RCW, and a Contractor's Certificate of Registration shall be in full force and effect throughout the work project herein above enumerated, prior to starting work. 00800-1 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION SPECIAL CONDITIONS +rr ARTICLE 3- NON-DISCRIMINATION The Contractor shall offer equal opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, or disability. Successful designated bidder shall fill out and complete the AFFIDAVIT OF COMPLIANCE FORM included herein and submit with the signed Contract. ARTICLE 4-CITY OF RENTON BUSINESS LICENSE Prior to signing a contract the contractor agrees to purchase a City of Renton Business License and maintain the license in full force and effect throughout the work of the project. License may be purchased from the City Finance Department located on the First Floor of the City Hall Building, 1055 South Grady Way, Renton, WA. END OF SECTION 00800-2 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION SPECIAL CONDITIONS or SECTION 00900 -AFFIDAVIT OF COMPLIANCE o .. CITY OF RENTON AFFIDAVIT OF COMPLIANCE aw aw herby confirms and declares that: VW I. It is the company policy to offer equal opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, or '" disability. ll. The company complies with all applicable federal, state, and local laws governing non- discrimination in employment. III. When applicable, the company will seek out and negotiate with minority and women contractors for the award of subcontracts. Print Representative Name and Title Representative's Signature (Successful contractor shall submit this signed form with signed contract) 00900-1 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION AFFIDAVIT OF COMPLIANCE aw SECTION 00910 - BOND TO THE CITY OF RENTON FORM r. KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned as principal,and corporation organized and existing under the laws of the State of as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum$ for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or person representatives, as the case may be. lo" This obligation is entered into in pursuance of the statutes of the State of Washington,the Ordinance of the City of Renton. Dated at Washington,this day of 2002. Nevertheless,the conditions of the above obligation are such that: ww WHEREAS, under and pursuant to Public Works Construction Contract CAG- providing for construction of Project Name V the principal is required to furnish a bond for the faithful performance of the contract; and WHEREAS,the principal has accepted, or is about to accept,the contract, the undertake to perform the work therein ow provided for in the manner and within the time set forth; NOW, THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth,or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics,subcontractors and materialmen, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton,then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. A Principal Surety Signature Surety's Address Name and Title Agent's Signature w Name and Title r 00910.1 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION BOND TO THE CITY OF RENTON FORM &W SECTION 00920 -CONTRACTORS INSURANCE AND RELATED REQUIREMENTS 40 MINIMUM INSURANCE COVERAGE AND REQUIREMENTS No The CONTRACTOR shall obtain and maintain the minimum insurance coverage set forth below. By requiring such minimum insurance, CITY OF RENTON shall not be deemed or construed to have ON assessed the risks that may be applicable to the CONTRACTOR under the Contract. The CONTRACTOR shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader 40 coverage. 1W (1) Commercial General Liability-Acord Form or equivalent, written on an occurrence basis, including: "W Premises and Operations ( Including CG 2503 general aggregate to apply per project if applicable) • Explosion, Collapse and Underground Hazards aw Products/Completed Operations • Contractual Liability (including Amendatory Endorsement CG 0043 or equivalent which includes defense coverage assumed under contract) • Broad Form Property Damage • Independent Contractors • Personal/Advertising Injury•► Stop Gap Liability (2) Automobile Liability including all aw • Owned Vehicles • Non-Owned Vehicles • Hired Vehicles (3) Workers'Compensation • Statutory Benefits - Show Washington Labor& Industries Number (4) Umbrella Liability Excess of Commercial General Liability and Automobile Liability. Coverage should be as broad as primary. ,.. (5) Pollution Liability (6) Maritime • Maritime Insurance may be required if work is done from a vessel 23' in length or greater. 00920-1 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION INSURANCE REQUIREMENTS irr CONTRACTORS INSURANCE REQUIREMENTS The CONTRACTOR shall carry the following limits of liability as required below: Commercial General Liability General Aggregate* $2,000,000 Products/Completed Operations Aggregate $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Stop Gap Liability $1,000,000 *General Aggregate to apply per project Automobile Liability Bodily Injury/Property Damage $1,000,000 (Each Accident) Workers' Compensation Statutory Benefits-Show Washington Labor& Industries Number Umbrella Liability Each Occurrence Limit $1,000,000 General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 Pollution Liability Per loss $1,000,000 Aggregate $1,000,000 Maritime (as required) 00920-2 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION INSURANCE REQUIREMENTS ADDITIONAL REQUIREMENTS CONTRACTOR shall Name CITY OF RENTON, and its officers, officials, agents, employees and volunteers as Additional Insureds (ISO Form CG 2010 or equivalent). CONTRACTOR shall provide CITY OF RENTON Certificates of Insurance and copies of policies, if at our sole discretion it is deemed appropriate Further, all policies of insurance described above shall: 1) Be on a primary basis nor contributory with any other insurance coverage and/or self-insurance carried by CITY OF RENTON. .. 2) Include a Waiver of Subrogation Clause. 3) Severability of Interest Clause (Cross Liability) "„ 4) Policy may not be non-renewed, canceled or materially changed or altered unless forty-five(45) days prior written notice is provided to CITY OF RENTON. Notification shall be provided to CITY OF RENTON by certified mail. go An example of an acceptable cancellation clause is as follows: 1► "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will eRdeaveFto mail 45 days written notice to the certificate holder named to the left. But failure to r a+t SUGh REAGe Shall R9 ebligatiaR eF liability of any kind upon the +IMP GOMP aRy its ageRtS OF FepFeSeRtatlVeS " The CONTRACTOR shall promptly advise the CITY OF RENTON in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At his or her own expense the CONTRACTOR will reinstate the aggregate limits to comply with the minimum requirements and shall furnish to the CITY OF RENTON a new certificate of insurance showing such coverage is in force. Required insurance coverage shall be maintained throughout the term of this contract, except Automobile Liability and Workers' Compensation, for a period of two (2) years after the date of substantial completion of the project. a On all Certificates of Insurance, the Certificate Holder shall be listed as "City of Renton, Washington, Attention: Leslie Betlach, Parks Director" to wr ww 1W 00920-3 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION INSURANCE REQUIREMENTS 0 GENERAL REQUIREMENTS DIVISION 1 No SECTION 01010 - SUMMARY OF WORK AND SEQUENCE to PART 1 -GENERAL o 1.01 WORK COVERED BY CONTRACT DOCUMENTS ow A. Work of this Contract includes removing, regrading and resetting 44 underwater precast units for the boat launch, repairing timber walkways and concrete walkways, replacing concrete gutters and repairing asphalt concrete pavement, so and replacing expansion joints on concrete waterwalks. Work shall include a manufacturer and contractors'warranty for the work required by the contract ow documents and includes all labor necessary to produce such work, and all materials and equipment incorporated in such work. Contractor's work shall be performed as indicated, specified herein and as necessary to provide a complete 1W project. B. Unless otherwise indicated, the work includes, but is not limited to the following: 1. Providing and payment for labor, materials, equipment, tools, machines, facilities, and services necessary for proper execution and completion of work. 2. Paying required taxes. 3. Maintaining required egress in accordance with governing Codes and Ordinances throughout the work. C. Do not employ on work: .� 1. Unfit persons or persons not skilled in assigned tasks. 1.02 CONTRACT A. Construct work under a single fixed-price Contract. See Bid Form. 1.03 WORK SEQUENCE A. All efforts shall be made to perform all work without abnormally disturbing, `� inconveniencing, or interrupting the usage of the park, pedestrians, and vehicular traffic. 1.04 OBJECTIONS TO APPLICATION OF PRODUCTS �,. Contractor and subcontractors submitting bids for this Project are required to thoroughly familiarize themselves with specified products and installation procedures and submit to Architect any objection in writing no later than five (5) days prior to Bid Date. Submittal of • Bid constitutes acceptance of products and procedures specified. END OF SECTION 01010-1 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION SUMMARY OF WORK err SECTION 01027 -APPLICATION FOR PAYMENT PART 1 - GENERAL 1.01 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: City of Renton Pay Application Form 1. Fill in all required information. Original signature by responsible officer of Contract firm to be notarized. B. Continuation Sheets: AIA Doc G703 or equal. 1. Totally fill in all schedule component work items. a. Round off values to nearest dollar b. At end of continuation sheets, list each approved Change Order and description, as for an original component item of work. C. Show WSST as a separate item for the base bid total and including a separate item for each change order. 1.02 SUBMITTAL PROCEDURE A. Submit four copies of Application for Payment at times stipulated in Agreement between Owner and Contractor. Allow stipulated time for processing. C. When Architect finds Application properly completed and correct, he transmits Payment Certificate to Finance Department for further review and payment. END OF SECTION 01027-1 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION APPLICATION FOR PAYMENT ow SECTION 01028-CHANGE ORDERS A. PART 1 - GENERAL ow 1.01 SUBMITTALS A. Change Order Forms: AIA G701 to be completed by Architect, or equal. 1.02 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME A. Submit detailed records of work to be done including time and materials. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. B. On request, provide additional data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. C. When extra work is performed under an approved Change Order and paid for by acceptable lump sum or mutually agreed prices, the contractor will be limited to a markup of 10% overhead and profit. aw When extra work is performed as above by a subcontractor to the general contractor, the general contractor shall be limited to a 10% markup on the subcontractors work. No further markup shall be permitted to cover any other No miscellaneous costs. 1.03 CHANGE PROCEDURES A. The Architect may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change and the period of time during which the requested price will be considered valid. Contractor will prepare and submit an estimate within 5 days. B. The Contractor may propose a change by submitting a request for change to the ow Architect, describing the proposed change and its full effect on the Work, with a statement describing the reason for the change, and the effect of the Contract/Sum Price and contract . 01028-1 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION CHANGE ORDERS 1.04 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Construction Schedule and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum. END OF SECTION 01028.2 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION CHANGE ORDERS DIVISION 1 - GENERAL REQUIREMENTS Section 01300 - Submittals +� PART 1 - GENERAL 1.01 DESCRIPTION OF WORK The work includes the requirements for project submittals, including shop drawings, manufacturers' literature, samples, special job site submittals, Contractor's daily construction report,project data and key personnel, work plans, utility deactivation and reaction plans inventories, request for information and work sheets. 1.02 RELATED WORK DESCRIBED ELSEWHERE: A. Contractual requirements for submittals: 1. General Conditions 2. Supplementary Conditions B. Individual submittals required in accordance with the pertinent sections of these specifications. 1.03 GENERAL: A. All submittals shall bear the contract name and number, the date of submission, reference to the specification section and drawing number to which the submittal applies,the nature of the submittal and the Contractor's signature. B. Prepare a separate submittal form for each product or procedure and identify by referencing the specification section and paragraph number. C. Send the original in every instance which will be the Contractor's record and final correspondence for every submittal. 1.04 COMPLIANCE: Failure to comply with these requirements shall be deemed as the Contractor's agreement to furnish the exact materials specified or materials selected by the park's supervisor based on these specifications. 1.05 SHOP DRAWINGS: A. Quality: Prepare shop drawings accurately to scale sufficiently large to indicate all pertinent features of the products and the method of fabrication, connection, erection, or assembly with respect to the Work. Engineer Sec-01300(6-17-02).doc 01300-1 aw DIVISION 1 - GENERAL REQUIREMENTS WN Section 01300 - Submittals (Continued) B. All drawings submitted to the Park's supervisor shall be drawn on sheets each 22 inches wide by 34 inches long in overall dimensions or on small sheets that are 8-1/2 inches by 11 inches or 11 inches by 17 inches. C. Type of Prints Required: 1. Submit six prints or copies of all shop drawings or supplemental working drawings. 2. In lieu of the above, the Contractor may submit shop drawings or supplemental working drawings in the form of one sepia transparency of each sheet plus one blue line or black line print of each sheet. 3. Blueprint submittals will not be acceptable. E. Distribution: In the event the action described in sub-paragraph C.2 above is selected by the Contractor, the City will review the drawings, mark the sepia with appropriate notations, prepare the required number of prints for their use, and return the marked sepia to the Contractor. The Contractor may then order as many additional copies as required for his work. 1.06 MANUFACTURERS' LITERATURE: A. Submit six copies of manufacturers' literature. B. Catalog cuts or brochures shall show the type, size ratings, style, color, manufacturer and catalog number of each item and be complete enough to provide for positive and rapid identification in the field. Submit catalog data in an orderly bound form. Specific items shall be clearly marked. General catalogs or partial .r lists will not be accepted. C. Literature, descriptions, drawings, catalog information, cuts and brochures shall clearly indicate the applicable specification section and paragraph number. Identify all pertinent equipment information, including description(as indicated on the contract documents)mark number, manufacturer, catalog number, type quantity, technical ratings, equipment technical data, style, color, accessories and options of each item. For products over 100 pounds, indicate the product size and weight and maintenance requirements. If multiple or similar items are provided, the equipment data shall be tabled or scheduled and be organized to provide positive and rapid identification in the field. 1.07 SUBSTITUTIONS: A. Clearly identify the submittal as a request for substitution. Engineer Sec-01300(6-17-02).doc 01300-2 "` DIVISION 1 - GENERAL REQUIREMENTS Section 01300 - Submittals (Continued) Wo aw B. Submit all requests for substitutions independently, do not combine with any other submittal. Iwo 1.08 REQUEST FOR INFORMATION (RFI) Requests for information shall be numbered sequentially and referenced by design +� discipline. Prioritize all requests for information as to the date needed and impact to the project. 1.09 PROJECT DATA and KEY PERSONEL A. General: Provide a summary of project information and a list of key project ow personnel. Provide 3 copies for Park's supervisor review. Submit data prior to mobilization. wr B. Project Data includes 1. List of Subcontractors 'iw 2. Key Personnel and telephone numbers. List shall include; Project Manager, Superintendent, and Superintendents for primary subcontractors. .. 1.10 SUBMITTAL SUMMARY Develop a summary of all items to be submitted. The Submittal Summary shall identify ""` all planned submittals, the expected date or transmittal to the City, and blanks for the City submittal number, the status of the submittal and the date of City approval. Include a remarks section for referencing City review and approval comments (Approved, `�" Approved as Noted,Not Approved, Reviewed for General Information, etc.). 1.11 PROGRESS: A. Submit progress schedule within 30 days from award of contract. 1. Submit preliminary progress schedule at the preconstruction conference. 2. Submit test results and data within 24 hours from the completion of the y, test. C. All submittals are to be made to allow thirty 14 days for the review and return of submittals. 1.12 COORDINATION: A. Submit shop and detail drawings in related packages. All equipment or material details, which are interdependent or are related in any way, must be submitted indicating the complete installation. Submittals shall not be altered once Engineer Sec-01300(6-17-02).doc 01300-3 it DIVISION 1 - GENERAL REQUIREMENTS Section 01300 - Submittals (Continued) approved for construction. Clearly mark and date revisions. Major revisions must be resubmitted for approval. B. Thoroughly review all shop and detail drawings, prior to submittal, to assure coordination with other parts of the Work. Failure to comply will be cause for rejection. Submittals shall bear the Contractor's approval stamp and initials of the reviewer. C. Components or materials which require shop drawings and which arrive at the job site prior to approval of shop drawings shall be considered as not being made for this project and shall be subject to rejection and removal from the premises. 1.13 UTILITY DEACTIVATION AND REACTIVATION PLANS: A. The Contractor shall submit a plan to the Park's supervisor for review. The plan shall outline the proposed procedure to deactivate and reactivate utility services, lines and equipment required to be disrupted, disassembled, cut into, or modified during the course of the Work. B. Plan Content: The plan shall include but not be limited to: 1. Shutdown and restart schedules. 2. Sequences required deactivating, depressurizing and reactivating the utility service lines and equipment. 3. Detailed description of proof positive verification and/or tests to assure that utility service line and equipment are properly deactivated before proceeding with the work. 4. Incorporation of the specific deactivation and reactivation requirements of the relevant technical specifications. 5. Compliance with safety standards. C. It is the Contractor's responsibility to fully understand and verify the condition of any utility service lines, and equipment at all times during the course of his work. The Contractor shall be responsible for all damages resulting from his actions. PART 2 - PRODUCTS -Not used. urw PART 3—EXECUTION 3.01 RESUBMITTALS: +�+ Should a submittal be returned to the Contractor for corrections, the City will review one resubmittal at no cost to the Contractor. If the resubmittal does not meet the Contracts Engineer Sec-01300(6-17-02).doc 01300-4 DIVISION 1 - GENERAL REQUIREMENTS Section 01300 - Submittals (Continued) v. requirements and a further resubmittal is required, the Contractor may be charged a review fee equal to the City's cost for reviewing subsequent submittals. 3.02 SUBSTITUTIONS: aw If after receiving approval for a submitted item, the Contractor makes an additional submission requesting a substitution or product change, the Contractor may be charged all costs associated with the subsequent request for change from the original approved submittal. PART 4-MEASUREMENT AND PAYMENT o. All costs for submittals shall be considered incidental to and included in the ® " applicable in the contract and no further compensation will be made. �- END OF SECTION 1W Engineer Sec-01300(6-17-02).doe 01300-5 rr DIVISION 1 - GENERAL REQUIREMENTS Section 01410—Environmental Regulatory Requirements PART 1- GENERAL 1.01 SUMMARY General: The list of environmental laws set forth in this section is provided pursuant to Section 39.04.120 of the Revised Code of Washington. The Contractor shall fully comply with the provisions of such laws as they may apply to the Work. 1.02 LIST OF ENVIRONMENTAL STATUTES, ORDINANCES AND REGULATIONS VIM A. General: The following is a list of federal, State and local environmental statutes, ordinances and regulations which deal with the prevention of environmental pollution and the preservation of public natural resources that affect or may affect this Project. This list is not to be considered as all-inclusive, nor shall the absence of a law from this list be construed to relieve the Contractor from complying with such law,to the extent it is applicable to the Contractor. B. Federal 1. Statutes: a. National Environmental Policy Act: Establishes a Federal policy on the environment and requires the appropriate Federal agency, in any Federally assisted or authorized project, to prepare an environmental impact statement for any "major action significantly affecting the quality of the human environment. b. Clean Air Act: Establishes a Federal policy on air quality and directs each state to promulgate air quality laws and regulations to achieve the goals set forth in the Act. C. Clean Water Act: Establishes a Federal policy on water quality and directs each state to promulgate water quality laws and regulations to achieve the goals set forth in the Act. In addition, the Act requires a permit for discharge of pollutants and sets forth ' oil spill prevention provisions and penalties. 101756-06/17/02 01410-1 rr DIVISION 1 -GENERAL REQUIREMENTS Section 01410—Environmental Regulatory Requirements (continued) .r d. Rivers and Harbors Act of 1899: Provides that discharge of refuse without a permit into navigable waters is prohibited. e. Port and Waterways Safety Act of 1972: Provides vessel design and construction standards to protect the marine environment. f. Resource Conservation and Recovery Act: Provides standards and requirements for the generation, transportation, treatment, storage and disposal of hazardous wastes. g. Comprehensive Environmental Response Compensation and Liability Act: Provides standards and procedures for the investigation and remedial activities to clean up hazardous substances which substances that have been discharged into the environment. h. Toxic Substances Control Act: Provides standards for the manufacture and distribution of chemicals and for the handling of , PCBs. 2. Regulation and Guidelines: ' a. Environmental Protection Agency Regulations on National Primary and Secondary Ambient Air Quality Standards: Establishes national primary and secondary air quality standards for certain compounds pursuant to Section 109 of the Clean Air Act. b. Environmental Protection Agency Regulations Establishing Effluent Guidelines: Establishes national effluent limitations for , discharges into navigable waters. C. Environmental Protection Agency Regulations on Discharge of Oil: Regulations promulgated pursuant to the Clean Water Act. d. Coast Guard Regulations on Oil Spills: Regulations promulgated pursuant to the Clean Water Act. 101756-06/17/02 01410-2 O DIVISION 1 - GENERAL REQUIREMENTS Section 01410—Environmental Regulatory Requirements (continued) aw e. Army Corps of Engineers Regulations on Navigable Waters: .�. Establishes procedures for obtaining permits required by the Rivers and Harbors Act of 1899 and the Clean Water Act. f. Environmental Protection Agency Regulations on Discharge of Dredged or Fill Material Into Navigable Waters: Establishes guidelines for placing dredge or fill material into navigable waters pursuant to the Clean Water Act. g. Environmental Protection Agency Regulations for Hazardous Waste Management: Regulations promulgated pursuant to the Resource Conservation and Recovery Act. C. State: 1. Statutes: ow a. State Environmental Policy Act: Establishes a State policy on the environment and requires the appropriate State or local agency to OW prepare an environmental impact statement for any "major action significantly affecting the quality of the environment" which the OW agency either undertakes directly or authorizes. A, b. Shoreline Management Act: Requires a permit for development on State shorelines. C. Clean Air Act: Provides that it is the policy of the State to secure and maintain such levels of air quality to protect health and comply with the Federal Clean Air Act. d. Water Pollution Control Act: Establishes a State policy to wr+ maintain the highest possible standards for all water of the State, requires permits for the discharge of pollutants into the waters of the State of Washington and complies with the Federal Clean Water Act. r. 101756-06/17/02 01410-3 DIVISION 1 - GENERAL REQUIREMENTS '` Section 01410—Environmental Regulatory Requirements (continued) e. Washington Solid Waste Management Law: Establishes uniform State-wide program for handling solid wastes, which will prevent + land, air and water pollution. f. Washington Hazardous Waste Disposal Law: Establishes a statewide program for the regulation of the disposal of hazardous waste. g. State Noise Control Act: Authorizes the Department of Ecology to establish maximum noise levels in order to protect against adverse effect of noise in the health, safety and welfare. h. Model Toxics Control Act: State "Superfund" Law which Law ' that establishes how cleanups of hazardous waste will be managed and sets standards for performing cleanups. 2. Regulations and Guidelines: a. Department of Ecology Guidelines for the Implementation of the State Environmental Protection Agency. State guidelines for the implementation of the State Environmental Policy Act. b. Department of Ecology Shoreline Development Permit Regulations: State guidelines for the issuance of shoreline permits. C. Air Pollution Regulations on Record keeping: Requires operators of stationary sources of air contaminants to maintain records of emissions and submit periodic reports. d. Department of Ecology Regulations Relating to Minimum Functional Standards for Solid Waste Handling: Regulations promulgated pursuant to the State Solid Waste Act. e. Department of Ecology Regulations for Waste Discharge Permits: Establishes standards and procedures for obtaining permits to discharge pollutants in navigable waters pursuant to the federal and state Clean Water Acts. 101756-06/17/02 01410-4 wr DIVISION 1 - GENERAL REQUIREMENTS Section 01410—Environmental Regulatory Requirements (continued) f. Department of Ecology Regulations on Dangerous Waste: Regulations promulgates pursuant to the state hazardous waste disposal statute. ®. g. Department of Ecology Regulations Relating to Noise: Regulations establishing noise levels and noise performance standards for certain activities. h. Department of Ecology Model Toxics Control Act Cleanup Regulation: Establishing rules for reporting, listing, investigation and cleanup of hazardous waste sites. D. Local: 1. Ordinances: a. King County Environmental Policy Ordinances: Provisions for carrying out the County's responsibilities pursuant to the State Environmental Policy Act. b. King County Shoreline Management Ordinance: Establishes procedures for obtaining a permit under the Shoreline Management �r Act. C. King County Solid Waste Code: Establishes provisions for the disposal of solid waste. d. King County Grading Ordinance: Requires permit for grading, landfills, gravel pits, dumping, quarrying and mining operations. e. King County Zoning Code: Establishes zoning designations and uses within those designations. �r f. Seattle Shoreline Development Ordinance: Establishes procedures for obtaining a permit under the Shoreline Management Act. g. Seattle-King County Noise Ordinances: Establishes noise levels for various activities in different areas of the city and county. 101756—06/17/02 01410-5 wn DIVISION 1 - GENERAL REQUIREMENTS Section 01410—Environmental Regulatory Requirements (continued) 2. Regulations and Orders a. Seattle Environmental Policy Executive Order: Provisions for .w carrying out the City's responsibilities pursuant to the State Environmental Policy Act. b. Puget Sound Clean Air Agency Regulation I: A regulation to control the emission of air contaminants from all sources within the jurisdiction of the Puget Sound Air Clean Air Agency (King, Pierce, Snohomish and Kitsap Counties) in accordance with the Washington Clean Air Act. 1.03 RELATED WORK DESCRIBED ELSEWHERE A. Contractual requirements for compliance with environmental statutes, ordinances and regulations: ' 1. General Conditions 2. Supplementary Conditions ' 3. Section 01631, Hazardous Materials Management Plan 4. Section 02270, Temporary Erosion and Sedimentation Control , 1.04 REQUIRED SUBMITTALS Specific submittal requirements are called out in the applicable specification section. PART 2 - PRODUCTS -Not used. ' PART 3 - EXECUTION -Not used. , PART 4—MEASUREMENT AND PAYMENT ' No separate measurement or payment will be made for the work required by this section. The cost for this portion of the Work will be considered incidental to, and included in the ' payments made for the applicable bid items in the Schedule of Unit Prices. END OF SECTION ' 101756-06/17/02 01410-6 SECTION 01500 - CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS PART 1 - GENERAL 1.01 ELECTRICAL SERVICE A. Arrangements may be made to obtain electrical power. City will pay for cost of electricity. 1.02 WATER A. Arrangements may be made to obtain water. City will pay for cost of water. 1.03 SANITARY FACILITIES A. Usage of existing public facilities in the general area is acceptable. 1.04 BARRIERS &FENCE A. Make provisions to prevent public entry to the portion of the site being used for staging of construction equipment. Limit use of site within a fenced area furnished and installed by the contractor. Protect existing sidewalks, plantings, structures, and adjacent properties from damage by operations. B. Fenced area shall be located over hard-surfaced areas only. 1.05 CLEANING DURING DEMOLITION A. Control accumulation of waste materials and rubbish dumping. Periodically dispose off- site in authorized dump sites. 1.06 STAGING AREA A. Contractor staging area will be agreed upon at the pre-construction conference. B. Staging area and construction equipment shall be fenced with a minimum 6' high, double knuckled, galvanized chain link fence. C. Any damaged area due to the contractors work shall be replaced by the contractor. D. Provide for periodic removal of dumpster contents. 01500-1 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION CONSTRUCTION FACILITIES,UTILITIES AND TEMPORARY CONTROLS 1.07 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious,toxic substances, and pollutants produced by any construction operations. END OF SECTION 01500-2 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION CONSTRUCTION FACILITIES,UTILITIES AND TEMPORARY CONTROLS ! SECTION 01700 - PROJECT CLOSEOUT AM PART 1 -GENERAL 1.01 SUBMISSIONS FOR FINAL COMPLETION a� A. General: Submit the following documents: 1. In progress payment request coincident with or first following date claimed, show either 100%completion for portion of Work claimed as "Final Completion", or list incomplete items, value of incompletion, and reasons for being incomplete. 2. Include supporting documentation for completion as indicated in these Contract Documents. 3. Submit statement showing accounting of changes to the Contract Sum. 4. Complete final cleaning up requirements, including touch-up of marred surfaces. 5. Submit updated final statement, accounting for additional (final) changes to .. Contract Sum. 6. Submit final payment request with final releases and supporting documentation not previously submitted and accepted. �. 7. Submit certified copy of Architect's final punch list of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by Architect. 8. Payment and Release of Liens B. Inspection Procedures: Upon receipt of Contractor's request,Architect will either proceed with inspection or advise Contractor of prerequisites not fulfilled. Following initial inspection,Architect will either prepare certificate of Final Completion, or advise Contractor of work which must be performed prior to issuance of certificate; ww and repeat inspection when requested and assured that work has been substantially completed. Results of completed inspection will form initial "punch list"for final acceptance. 1.02 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to Architect. B. Reflect all adjustments to Contract Sum. Indicate following: 1. The original Contract Sum. 2. Additions and deductions resulting from: a. Previous Change Orders. b. Deductions of uncorrected Work. C. Other adjustments. 3. Total Contract Sum, as adjusted. 01700-1 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION PROJECT CLOSEOUT r il�lr 4. Previous Payments. 5. Sum remaining due. 1.03 FINAL APPLICATION FOR PAYMENT A. Submit final Application for Payment in accordance with procedures and requirements of Owner. 1. Submit"Affidavit of Wages Paid"from Contractor and all subcontractors. 2. Lien waiver from General Contractor for entire contract. 3. Proof of Payment of taxes from the State Dept of Revenue END OF SECTION 01700-2 COULON PARK-NISQUALLY EARTHQUAKE REHABILITATION PROJECT CLOSEOUT TECHNICAL SPECIFICATIONS DIVISIONS 2 THROUGH 6 DIVISION 2 - SITE WORK «,. Section 02050 -Demolition and Disposal PART 1 - GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE w The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions and General Requirements, apply to this work as if specified in this section. Work related to this section is described in, but not limited to: A. Section 2100—Clearing, Grubbing and Cleanup .w 1.02 DESCRIPTION OF WORK w A. The work includes the requirements for the removal, wholly or in part and satisfactory disposal or recycling of fences, slabs, pavements, concrete curbs, structures, light fixtures, conduits, wires and other obstructions which are to be demolished. 1.03 JOB CONDITIONS w The Contractor represents that it has visited the site to become familiar with the quantity and character of all materials to be demolished. The Contractor agrees that the premises w were made available prior to deadline for submission of bids for whatever inspection and tests the Contractor deemed appropriate. The Contractor assumes full responsibility for the proper disposal of all demolition materials and warrants that he has received all permissions and approvals necessary, including any proposed recycling or reuse of the material. w 1.04 SAFETY PROCEDURES AND WORKER PROTECTION A. Work Area Protection and Marking: Prior to commencing any demolition related work activities, provide 6 feet high,temporary chain link fencing and warning signs to clearly identify and effectively guard against unauthorized entry into work area. w B. Protective Clothing and Equipment: Use protective clothing and eye protection as w necessary to protect workers. PART 2-PRODUCTS 2.01 GENERAL Products that are required to accomplish, or to be incorporated into, the work of this section shall be as selected by the Contractor, subject to the approval of the Engineer. w D-4724 02050-1 Engineer-Sec 02050 (7-9-01) am DIVISION 2 - SITE WORK Section 02050—Demolition and Disposal (Continued) 2.02 DEMOLITION ITEMS A. Structures to be demolished 1. Concrete and asphalt Pavement 2. Portion of existing wooden walkway as designated on the drawings. PART 3 - EXECUTION j 3.01 DEMOLITION OF STRUCTURES A. Completely remove and dispose of designated piers, foundations, structures, fences and other obstructions. All pavements, concrete slabs, sidewalks and curbs designated for removal shall be broken up, loaded and disposed of by the Contractor. Care shall be taken, in removing the pavement,that damage does not occur to any existing pavement which is to remain in place and that all removals are accomplished by making a neat vertical saw cut at the boundaries of the area to be removed. Adjacent materials designated to remain that are damaged by the Contractor due to his operations shall be replaced at no additional cost to the City of Renton. Special operations necessary for the removal of existing structures or obstructions shall be subject to the approval of the Engineer or park maintenance supervisor. 3.02 DISPOSAL A. All materials, except those identified by city of Renton`s parks, shall upon their demolition become the property of the Contractor. All such material, including those containing hazardous or potentially hazardous substances shall be removed and promptly disposed of, away from the site and on property not owned by the city of Renton, except as otherwise provided in these specifications. No material shall be disposed of in adjoining waterways. B. Contractor may salvage material for the Contractor's own use if the City of Renton decides not to keep the material. Material salvaged by the Contractor becomes the property of the Contractor and the Contractor shall be solely responsible for the disposition of such Contractor-owned material. C. Cleanup: After removal of the items designated for demolition, clean the area of remaining debris. There shall be no debris, rubble, or litter left at the site from any of the demolition operations and the site shall be clean. Trim and square-up existing paving at edge of demolition area and at utility removal areas prior to patching. D-4724 02050-2 Engineer-Sec 02050 (7-9-01) �' DIVISION 2 - SITE WORK Section 02050—Demolition and Disposal (Continued) PART 4 - MEASUREMENT AND PAYMENT No separate payment or measurement will be made for "Demolition". The cost shall be considered as incidental to and included in the bid prices for the various items stated in the Schedule of Unit Prices. w END OF SECTION D-4724 02050-3 Engineer-Sec 02050 (7-9-01) DIVISION 2 - SITE WORK ,r. Section 02100 - Clearing, Grubbing and Cleanup PART 1 - GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions and General Requirements, apply to this work as if specified in this section. Work related to this section is described in: A. Section 02050 -Demolition wr 1.02 DESCRIPTION OF WORK The work includes the requirements for clearing, grubbing and cleanup of areas within the Limits of Work, shown on the plans for entire site. It also includes the repair of separation along soil and concrete walkway at south Coulon Park. The work is to be accomplished but not limited to, removing and of all trees, sod, brush, down timber, stumps, roots, rubbish and debris, except such objects as are designated to remain or are to be removed in accordance with other sections of these specifications. The sod shall be cut and removed in a way that it could be reinstalled without damaged. Damage to any trees in the area shall be repaired or replaced upon of city of Renton parks supervisor approval at no cost to the city. PART 2 -PRODUCTS The additional back fill for the separation along soil and concrete walkway at south Coulon Park shall be three-way topsoil. PART 3 -EXECUTION 3.01 CLEARING Within the limits of work, all brush, logs, rubbish and debris shall be removed. 3.03 CLEANUP A. In general, cleanup may consist of the following work not otherwise provided for in the contract: 1. Filling of holes and smoothing and contouring of the ground. 2. Obliteration of existing improvements to be abandoned and reshaping of the areas to blend naturally with the existing terrain. wo rr D-4724 02100-1 Engineer Sec-02100 (6-17-02) wr DIVISION 2 - SITE WORK Section 02100 - Clearing, Grubbing and Cleanup (Continued) B. Sufficiently in advance of completion of other work of the Project, allowing time to do cleanup, the Contractor and the city of Renton parks maintenance supervisor shall arrange for a joint inspection of the Project for determination of cleanup to be done. Accomplish the work by methods and equipment as necessary and as approved by the city of Renton parks maintenance supervisor. C. Dispose of the excess material and debris resulting from the operation. 3.04 DISPOSAL All materials upon their demolition shall be removed and promptly disposed of as specified in Section 02050 "Demolition and Disposal", unless otherwise provided herein. No material shall be disposed of in adjoining waterways or in the fill. PART 4 -MEASUREMENT AND PAYMENT 4.01 MEASUREMENT "South Coulon Park-Repair separation along soil and concrete walk way"per linear foot. 4.02 PAYMENT Payment will be made for the following bid items as are included in the schedule of unit i prices: A. "South Coulon Park-Repair separation along soil and concrete walk way"per linear foot. Payment for bid item as listed above shall be the full and only compensation for furnishing all labor, material, equipment, tools and other necessary and incidental work to complete the respective items of work. All other work, which is required to complete the work specified in this section, but not indicated specifically as a pay item, shall be considered as necessary and incidental work. No separate payment or measurement will be made for "Clearing, Grubbing and cleanup". The cost shall be considered as incidental to and included in the bid prices for the various items stated in the Schedule of Unit Prices. END OF SECTION D-4724 02100-2 Engineer Sec-02100 (6-17-02) �w DIVISION 2 - SITE WORK .. Section 02230 -Base Course PART 1 - GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions and General Requirements, apply to the work as if specified in this section. Work related to this section is described in: A. Section 02513 -Asphalt Concrete Pavement 1.02 DESCRIPTION OF WORK The extent of"Base Course" work is indicated on the drawings. The work includes the requirements for producing, transporting,placing, shaping and compacting base courses of one or more materials in conformance with these specifications and the dimensions and sections indicated on the drawings or within the lines and grades established by the Engineer. 1.03 QUALITY ASSURANCE A. Sampling and testing for compliance with the Contract provisions shall be in #W accordance with Section 01410,these specifications. B. Material Sample: The sample of the material selected for testing shall be made by the Laboratory and approved by the Engineer. C. Compaction Control Testing 1. Each layer of compacted material shall be tested for compliance with Part 3-Execution, before placement of succeeding layers. A 2. Compaction testing shall be performed on each layer prior to placing succeeding layers. PART 2-PRODUCTS .+ 2.01 AGGREGATES A. Crushed Surfacing Base Course and Crushed Surfacing Top Course shall be manufactured from ledge rock,talus, or gravel. The materials shall be uniform in quality, free from wood, roots, bark and other extraneous material, and shall meet the following test requirements: wr D-4724 02230-1 y� Engineer-Sec 02230 (7-9-01) DIVISION 2 - SITE WORK Section 02230 -Base Course (continued) Los Angeles Wear, 500 Rev. 35%max. Degradation Factor- Top Course 25 min. Degradation Factor- Base Course 15 min. Crushed Surfacing Base Course and Crushed Surfacing Top Course shall meet the following requirements for grading and quality when placed in the hauling vehicle for delivery to the site: Passiniz Wt. % for Base Course Top Course 1-1/4" sq. sieve 100 5/8" sq. sieve 50 to 80 100 1/4" sq. sieve 30 to 50 55 to 75 U.S.No. 40 sieve 3 to 18 8 to 24 U.S.No. 200 sieve 7.5 max. 10 max. Sand Equivalent 40 min. 40 min. Not less than 75 percent of Crushed Surfacing Base materials retained on a U.S. No. 10 sieve shall have at least one (1) fractured face produced by mechanical crushing. PART 3 - EXECUTION 3.01 PLACEMENT OF BASE COURSE AGGREGATES A. Mixing: After each layer of material is laced mix the material b motor graders g Y placed, Y g or other approved equipment until the mixture is uniform throughout. Add water as directed by the Engineer to facilitate mixing and compacting. B. Shaping and Compacting: Immediately following spreading and shaping, compact each layer to at least 95% of the standard density determined by the compaction control test for granular materials before the next succeeding layer is placed thereon. When the thickness of the base course is less than 0.15 feet, density testing may not be required and the Engineer will determine the number of coverage's required for the particular compaction equipment available. Vibratory compactors or rollers shall be adequate in design and number to provide compaction and obtain the specified density for each layer while still moist. Apply a mist spray of water as needed to replace moisture lost by evaporation. The completed layer shall have a smooth, tight, uniform surface true to the line, grade and cross section indicated on the drawings, or as staked by the Engineer. Variations in the surface of the top course shall be a maximum of 1/4 inch in 10 feet. Shave off or fill in variations greater than the allowable and recompact that area. D-4724 02230-2 Engineer-Sec 02230 (7-9-01) DIVISION 2 - SITE WORK Section 02230 -Base Course (continued) When directed by the Engineer or city of Renton parks supervisor, use crushed stone surfacing top course for keystone to key the top surface of ballast, gravel base, crushed surfacing base course, or any other course which requires keying. Spread the keystone evenly on top of the surfacing course requiring it, in the quantity ordered by the Engineer, by means of approved spreading equipment. Water the surface and, if necessary, blade lightly until the keystone is worked into the interstices of the material without excessive displacement, and then compact. Continue the operations of adding keystone, wetting, blading and compacting until the course has become thoroughly keyed, compacted and approved. C. Surface Maintenance: Maintain the surface of each layer of material true to line, w grade and cross section by blading, watering and rolling until placing the succeeding course. Place the first course of material on all available subgrade before placing the succeeding course unless otherwise authorized by the Engineer or city of Renton parks supervisor. Should irregularities develop in any surface during or after compaction,remedy by loosening the surface and correcting the *W defects,then thoroughly recompact the entire area, including the surrounding surface. In the event that additional materials are necessary to make the repairs, they shall be provided at no additional cost to the owner D. Route hauling equipment over the roadway in such a manner as to be most effective in the compacting of the material. Hauling over the surfacing in the process of construction will not be permitted when, in the opinion of the Engineer or city of Renton parks supervisor, the effect will be detrimental. wr PART 4 -MEASUREMENT AND PAYMENT No separate payment or measurement will be made for "Base Course". The cost shall be considered as incidental to and included in the bid prices for the various items stated in the Schedule of Unit Prices. END OF SECTION _. to No to w D-4724 02230-3 to Engineer-Sec 02230 (7-9-01) DIVISION 2 - SITE WORK Section 02270 -Temporary Erosion and Sediment Control Planning and Execution PART 1 —GENERAL aw This item shall consist of planning, installing, inspecting, maintaining, and removing temporary erosion and sediment control Best Management Practices (BMPs) as shown on rr the drawings or as ordered by the park's supervisor to prevent pollution of air and water, and control,respond to, and dispose of eroded sediment and sediment laden water during the life of the contract. A. The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and General Requirements, apply to this work as if wrr specified in this section. w. B. This work shall apply to all areas associated with contract work including, but not limited to the following: 1. Work areas; 2. Equipment and material storage areas; .w 3. Staging areas; 4. Stockpiles. 1.01 RELATED WORK SPECIFIED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions and other sections of the General Requirements, and: A. Section 01300 - Submittals w B. Section 01410 - Environmental Regulatory Requirements C. Section 01500 - Temporary Facilities and Controls 1.02 DESCRIPTION OF WORK 100529 Rev.06/10/02 02270-1 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) DIVISION 2 - SITE WORK Section 02270 - Temporary Erosion and Sediment Control Planning and Execution In order to comply with the requirements of this section,the Contractor shall: A. Develop and submit a Contractor's Erosion and Sediment Control Plan (CESCP). The CESCP shall, at a minimum, include and address the following: 1. Site Description and Drawings 2. Contractor Erosion and Sediment Control Personnel 3. Schedule 4. BMP Installation 5. BMP Maintenance 6. BMP Inspection 7. Record keeping 8. BMP Removal 9. Emergency Response 10. Construction Dewatering B. Revise and modify the CESCP during the life of the contract and maintain records; C. Install,maintain, and remove all erosion prevention, containment, and ' countermeasures BMPs during the life of the contract; D. Contain, cleanup and dispose of all sediment and turbid water; E. Perform other work shown on the contract plans or as directed by the park's supervisor. 100529 Rev. 06/10/02 02270-2 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) W. DIVISION 2 - SITE WORK Section 02270 - Temporary Erosion and Sediment Control Planning and Execution OW F. Properly inspect CESCP requirements including BMPs as required; facilitate, participate in, and implement directed corrective actions resulting from inspections conducted by others including outside Agencies and park supervisor 1.03 SUBMITTALS Contractor shall submit the following before notice to proceed is given: Contractor Erosion and Sediment Control Plan (CESCP) 1.04 REFERENCES The following rules, requirements and regulations specified may apply to this work: A. WAC 173-201 A, Water Quality Standards of the State of Washington B. Surface Water Design Manual, King County, Department of Natural Resources, September 1998. 1.05 ADMINISTRATIVE REQUIREMENTS A. The provisions of this section shall apply to the Contractor, subcontractors at all r tiers, suppliers and all others who may have access to the work site by way of the contractor's activities. B. Failure to install, maintain, and/or remove BMPs shown on the drawings and specified herein, or by order of the park's supervisor; or failure to comply, implement and maintain any provisions and requirements of this section; or we failure to conduct project operations in accordance with Section 02270 will result in the suspension of the Contractor's operations by the park's supervisor in accordance with General Conditions. C. The Contractor shall be solely responsible for any damages, fines, levies, or judgments incurred as a result of Contractor, subcontractor, or supplier negligence in complying with the requirements of this section. w 100529 Rev. 06/10/02 02270-3 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) DIVISION 2 - SITE WORK Section 02270 -Temporary Erosion and Sediment Control Planning and Execution D. Any damages, fines, levies, or judgments incurred as a result of Contractor, subcontractor, or supplier negligence in complying with the requirements of this section will be deducted from payment due by Modification. E. The Contractor shall be solely responsible for any schedule impacts from damages, fines, levies,judgments, or stop work orders incurred as a result of Contractor, subcontractor, or supplier negligence in complying with the requirements of this section. The project schedule will not be changed to accommodate the time lost. F. Contractor shall not clear, grub, grade, or perform any in-water, demolition or earthwork after NOTICE TO PROCEED until the following has been installed per plans or as directed by the park's supervisor: 1. Perimeter controls are in place; 2. In-water impervious debris boom installed as indicated on the contract drawings; 3. Materials on hand, in quantities sufficient to cover all bare soil, divert all flows, contain all sediments, and prevent turbid discharges from the site during all stages of construction. These materials include, but are not limited to the following: a. Plastic sheeting; b. Straw; C. Drain pipe; wr d. Sand bags; e. Vacuum sweeper , 1.07 AUTHORITY OF PARK SUPERVISER 100529 Rev. 06/10/02 02270-4 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) AW DIVISION 2 - SITE WORK Section 02270 -Temporary Erosion and Sediment Control Planning and Execution A. Park supervisor has the authority to limit the surface area of erodible earth material exposed by clearing and grubbing, to limit the surface area of erodible earth material exposed by excavation, borrow and fill operations, and to direct the Contractor to provide immediate permanent or temporary pollution control measures to minimize contamination of adjacent streams or other watercourses, lakes,ponds, or other areas of water impoundment. B. In the event that temporary erosion and pollution control measures are required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or are ordered by the park supervisor, such work shall be performed by the Contractor at his/her own expense. C. Park supervisor may increase or decrease the area of erodible earth material to be exposed at one time as determined by analysis of project conditions. wr D. In the event that areas adjacent to the work area are suffering degradation due to aw erosion, sediment deposit, water flows, or other causes, park supervisor may stop construction activities until the situation is rectified. W PART 2 —PRODUCTS -Not Used. err PART 3 —EXECUTION A 3.01 GENERAL .. A. In the event of conflict between these requirements and pollution control laws, of rules, or regulations of other Federal, state, or local agencies, the more restrictive laws, rules, or regulations shall apply. at B. No discharge of water shall be allowed that increases volume, velocity, or peak flow rate of receiving water background conditions. 3.02 CONTRACTOR'S EROSION AND SEDIMENT CONTROL PLAN (CESCP) w 100529 Rev. 06/10/02 02270-5 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) W DIVISION 2 - SITE WORK Section 02270 - Temporary Erosion and Sediment Control Planning and Execution In order to comply with these requirements, the Contractor shall include and address the following in the CESCP: A. Site Description and Drawings 1. Included in the CESCP shall be a written description of the construction site, including location of staging areas, stockpile areas, material storage areas, natural and constructed drainage systems within the work area and staging areas, and proximity to other construction projects. 2. Drawings shall be included in the CESCP which show the location of the construction site, including location of staging areas, stockpile areas, material storage areas, natural and constructed drainage systems within the work area and staging areas, and proximity to other construction projects. 3. The drawings shall show locations of BMPs during each phase of construction as identified by the Contractor in the Project Schedule. The contractor shall: a. Update all drawings with changes made to the plan; b. Keep daily logs; C. Prepare and submit for approval a Contractor Erosion and Sediment Control Plan (CESCP); d. Identify the points where storm water runoff, if any,potentially leaves the site, is collected in a surface water conveyance system wry (i.e.,road ditch, storm sewer), and enters receiving waters of the State; w► e. If water sheet flows from the site, identify the point at which it becomes concentrated in a collection system. 100529 Rev. 06/10/02 02270-6 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) OW DIVISION 2 - SITE WORK Section 02270 -Temporary Erosion and Sediment Control Planning and Execution OW f. Inspect CESCP requirements including BMPs as required to ensure adequacy; facilitate,participate in, and take corrective actions resulting from inspections performed by outside agencies,park ■. supervisor, and park's consultants. a . B. Contractor Erosion and Sediment Control Personnel 1. The Contractor shall designate one employee as the responsible �. representative in charge of erosion and sedimentation control. 2. The designated employee shall be the Contractor Erosion and Sediment Control Lead (CESCL)who is responsible for ensuring compliance with all requirements of this section. 3. The CESCL shall have a current AGC/WSDOT Certificate from the "Construction Site Erosion and Sediment Control Certification Course", or be able to obtain one as directed by the park's supervisor. A copy of the certificate shall be included in the plan. aw 4. The CESCL shall have authority to act on behalf of the Contractor and shall be available, on call, 24 hours per day throughout the period of construction. 5. The CESCP shall include the name, office and mobile telephone numbers, wr fax number, and address of the designated CESCL. 6. Duties and responsibilities of the CESCL shall include: a. Maintaining permit file on site at all times which includes the CESCP, the SWPPP, and any associated permits and plans; OW b. Directing BMP installation, inspection, maintenance, modification, and removal; c. Availability 24 hours per day, 7 days per week by telephone wr 100529 Rev. 06/10/02 02270-7 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) DIVISION 2 - SITE WORK Section 02270 -Temporary Erosion and Sediment Control Planning and Execution C. Schedule 1. The CESCP shall include: a. Schedules for accomplishment of temporary and permanent erosion control work, as are applicable for clearing and grubbing; grading; construction; paving; structures at watercourses, sawcutting, and dewatering; b. Estimated removal date of all temporary BMPs; 2. Erosion control work activities consistent with the CECSP shall be included in the Project Schedule. D. BMP Installation 1. The CESCP shall include installation instructions and details for each BMP used during the life of the Project; 2. Installation instructions and details shall be equivalent to the: a. "Surface Water design Manual", King County, Department of Natural Resources, September 1998, E. BMP Maintenance The CESCP shall include a description of the maintenance and inspection procedures to be used for the life of the project. 1. BMPs shall be maintained for the life of the project or until removed by order of park's supervisor; 2. BMPs shall be maintained during all suspensions of work and all non- work periods; 100529 Rev. 06/10/02 02270-8 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) aw DIVISION 2 - SITE WORK Section 02270 - Temporary Erosion and Sediment Control Planning and Execution MW 3. BMPs shall be maintained and repaired as needed to assure continued performance of their intended function and in accordance with the approved CESCP; 4. Sediments removed during BMP maintenance shall be placed away from aw natural and storm water conveyances and permanently stabilized. F. BMP Inspection +.w 1. At a minimum, inspect all TESC BMPs: .r a. Weekly and after any measurable rain event (0.5 inch or greater) between April 1St and September 31St; b. Daily and after any measurable rain event(0.5 inch or greater) between October 1St and March 31St 2. Deficiencies identified during the inspection shall be corrected within 24 hours or as directed by park's supervisor. 3. Note repairs or improvements needed, if any, and notify CESCL or site project superintendent to implement improvements; 4. Observe runoff leaving the site during storms, checking for turbid water; 5. Implement additional BMPs, if needed,to address site-specific erosion control; 6. Inspect streets surrounding site for dirt tracking; +�w 7. Inspect for dust during dry periods. G. Record keeping 1. Reports summarizing the scope of inspections, the personnel conducting the inspection,the date(s) of the inspection, major observations relating to 100529 Rev. 06/10/02 02270-9 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) *+r DIVISION 2 - SITE WORK Section 02270 -Temporary Erosion and Sediment Control Planning and Execution low the implementation of the CESCP, and actions taken as a result of these inspections shall be prepared and retained as a part of the CESCP; 2. All inspection reports shall be kept on-site during the life of the project 4 and available for review upon request of park supervisor. 3. All reports shall be provided to the park supervisor at the end of the project. Park supervisor will maintain reports and records for 3 years from date of project closeout. H. BMP Removal 1. Before project closeout, all sediment shall be removed from temporary and permanent drainage conveyances, ditches, culverts, channels,to maintain operation; 2. Sediment removed shall be placed away from drainage conveyances and permanently covered with hydro seed or other material as directed by park supervisor 3. All temporary BMPs shall be removed upon permanent stabilization or as directed by the park supervisor ► 4. Areas disturbed during removal of temporary BMPs shall be permanently stabilized; 5. Permanent stabilization shall occur upon installation of: a. Concrete or asphalt pavement; b. Quarry spalls used as a ditch lining; ..r 6. Permanent stabilization shall occur upon the achievement of: a. A minimum of 75%vegetative cover as determined by park's supervisor. 100529 Rev. 06/10/02 02270-10 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) aw DIVISION 2 - SITE WORK Section 02270 -Temporary Erosion and Sediment Control Planning and Execution I. Emergency Response The CESCP shall contain information on how the Contractor shall control and respond to turbid water discharges, sediment movement, and fugitive dust. At a minimum, the Contractor's employee responsible for, or first noticing,the discharges shall take appropriate immediate action to protect the work area, private property, and the environment (e.g., diking to prevent pollution of state waters). Appropriate action includes but is not limited to the following: 1. Hazard Assessment-assess the source, extent, and quantity of the ww discharge. 2. Securement and Personal Protection- if the discharge cannot be safely and effectively controlled, then immediately notify the CESCL and park's supervisor. If the discharge can be safely and effectively controlled, proceed immediately with action to protect the work area, private OW property, and the environment. 3. Containment and Elimination of Source- Contain the discharge with silt fence,pipes, sand bags or a soil berm down slope from the affected area. Eliminate the source of the discharge by pumping turbid water to a controlled area, building berms, piping clean water away from the area or other means necessary. 4. Cleanup-when containment is complete, chemically treat turbid water, r remove sediment and stabilize on site, or other methods to prevent future discharge. 5. Notification-report all discharges immediately to park's supervisor. w■ w 100529 Rev. 06/10/02 02270-11 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) w DIVISION 2 SITE WORK Section 02270 -Temporary Erosion and Sediment Control Planning and Execution 3.03 CONSTRUCTION REQUIREMENTS A. Sawcutting 1. Saw cut slurry and cuttings shall be vacuumed during cutting operations; 2. Saw cut slurry cuttings shall not remain on permanent concrete or �' g P asphalt pavement overnight; 3. Saw cut slurry and cuttings shall not drain to SDS, or any other natural or constructed drainage conveyance; 4. Collected slurry and cuttings are the responsibility of the Contractor and shall be disposed of off site in a manner that does not violate groundwater or surface water quality standards. B. Soil and Construction Debris Stockpiles 1. Soils and construction debris, including broken concrete and asphalt paving, shall be stockpiled within the work site or off site; 2. Stockpiles shall be covered with plastic and secured from blowing wind; 3. Plastic shall be a minimum thickness of 6 mil; 4. Materials to be stockpiled on pavement shall be placed on plastic and contained within a bermed area; 5. Clean storm water runoff from the plastic covering shall be directed away from bare soil using pipes, sandbags, or other temporary diversion devices. C. Storm Drain Inlet Protection 1. All catch basins within the project limits shall be protected with Foss Stream Guard, or equivalent, catch basin inserts; 100529 Rev. 06/10/02 02270-12 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) "" DIVISION 2 - SITE WORK Section 02270 -Temporary Erosion and Sediment Control Planning and Execution 2. All catch basins outside the project limits but within the project drainage basin shall be protected with Foss Stream Guard, or equivalent, catch basin inserts; rr D. Construction Roads, Entrances, and Exits wr 1. Before leaving project site, all trucks and equipment shall be inspected for mud and debris; 2. All mud and debris shall be removed as per"Section 01500-Temporary Facilities and Controls"; 3. If mud or debris is tracked from the site it shall be cleaned up immediately; .� 4. Mud and debris shall be removed from pavement by sweeping and shoveling and transported to a controlled sediment disposal area; 5. If the mud and debris are contaminated by fuels, grease, metals or other aw pollutants, they shall be disposed of in accordance with : Hazardous Materials Management Planning and Execution"; 6. Use of water to wash concrete or asphalt pavement shall be allowed only «r after sediment has been removed by sweeping and shoveling; 7. Water used to wash pavement shall not drain into the SDS, or any other natural or constructed storm water conveyance. W E. Concrete Truck and Equipment Washing 1. Concrete truck chutes shall be washed out only into formed areas awaiting concrete or asphalt pavement; 2. Concrete remaining in the truck and not used shall be returned to the originating batch plant for recycling; WY 100529 Rev. 06/10/02 02270-13 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) No DIVISION 2 - SITE WORK Section 02270 -Temporary Erosion and Sediment Control Planning and Execution 3. Concrete pumps shall be washed out only into formed areas awaiting concrete or asphalt pavement; 4. Concrete remaining in the pump and not used shall be blown back into the concrete truck and returned to the batch plant for recycling; 5. Hand tools including, but not limited to, screeds, shovels, rakes, floats, and trowels shall be washed out only into formed areas awaiting concrete or asphalt pavement; 6. Equipment that cannot be easily moved, such as concrete pavers, shall only be washed in areas that do not directly drain to natural or constructed storm water conveyances; 7. When no formed areas are available, or when directed by parks I! supervisor, wastewater and leftover product shall be contained in a lined container. The Contractor shall disposed of the contained concrete off site in a manner that does not violate groundwater or surface water quality standards. F. Dust Control 1. Visible dust generated from any Contractor activity shall not be allowed. 2. Contractor shall have a minimum of one working water truck on site at all times during earthwork operations. G. Tracking of Sediment 1. Tracking of visible quantities of sediment generated from any Contractor activity shall not be allowed on public roads. 2. Contractor shall have a minimum of one working vacuum sweeper on site at all times. 100529 Rev. 06/10/02 02270-14 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) MW DIVISION 2 - SITE WORK Section 02270 -Temporary Erosion and Sediment Control Planning and Execution aw H. Impervious Debris Boom MW 1. The Contractor shall install an impervious debris boom on the waterside aw perimeter of the work area prior to any in-water, demolition or earthwork activities. 2. The Contractor shall maintain the debris boom throughout the duration of all construction activities. 3. The impervious debris boom shall at all times fully enclose the entire wet w. perimeter of the Contractor work area and shall be anchored to the shoreline at elevation+15' MLLW or higher. 4. All Contractor work vessels shall be moored inside the debris boom. PART 4-MEASUREMENT AND PAYMEN No separate payment or measurement will be made for "Temporary Erosion and Sediment Control Planning and Execution". The cost shall be considered as incidental to and included in the bid prices for the various items stated in the Schedule of Unit Prices. END OF SECTION AV aw 100529 Rev. 06/10/02 02270-15 Engineer-Sec 02270-Temporary Erosion Control(1)(6-17-02) r w DIVISION 2 - SITE WORK Section 02513 -Asphalt Concrete Pavement PART 1 - GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE: The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions and General Requirements, apply to the work as if specified in this section. Work related to this section is described in: A. Section 02200 -Earthwork r� B. Section 02230 - Base Course 1.02 DESCRIPTION OF WORK: Extent of Work: The extent of work for this section is indicated on the drawings. The work includes, removing existing damaged concrete curb and gutter and ACP at two different locations as shown on the drawings, regrade and compact base course, cast in place new concrete curb and gutter and replace ACP and the requirements for producing, transporting,placing, shaping and compacting of one or more courses of materials in conformance with these specifications and the dimensions and sections indicated on the drawings or within the lines and grades established by the Engineer or city of Renton parks supervisor. 1.03 QUALITY ASSURANCE: Unless otherwise referenced or modified, quality control and quality standards for this section shall be as specified in the State of Washington Standard Specifications for Road, Bridge, and Municipal Construction. Submit copies of the required test results to the Engineer. PART 2 - PRODUCTS Concrete gutter: Refer to section 03300 Provide asphalt concrete pavement in accordance with section 5-04 of the latest edition of the WSDOT standard specifications. PART 3 - EXECUTION 3.01 JOINT SEALER: Apply joint sealer to the edges of new paving joints, catch basins, manholes, etc., as directed by the Engineer or city of Renton parks supervisor. W. 3.02 ASPHALT CONCRETE: D-4724 02513-1 o Engineer Sec-02513 (1) (6-17-02) -6/17/02 DIVISION 2 - SITE WORK Section 02513 -Asphalt Concrete Pavement (Continued) Mix, handle,batch,haul,place, roll and compact asphalt concrete in accordance with the applicable portions of Section 5.04.3 of the WSDOT Standard Specifications. Place the .+ material to the dimensions and grades indicated on the drawings or as directed by the Engineer. PART 4 - MEASUREMENT AND PAYMENT 4.01 MEASUREMENT: A. "North Coulon Park-Replace Concrete Curb and Gutter and Repair Asphalt Concrete pavement at the Boat Launch"Lump Sum. 4.02 PAYMENT: Payment will be made for the following bid items as are included in the schedule of unit prices: A. "North Coulon Park-Replace Concrete Curb and Gutter and Repair Asphalt Concrete pavement at the Boat Launch" Lump Sum. Payment for bid item as listed above shall be the full and only compensation for furnishing all labor, material, equipment,tools and other necessary and incidental work to complete the respective items of work. All other work,but not limited to "Joint Sealer, Prime Coat, and Tack Coat" which is required to complete this work, but not indicated specifically as a pay item, shall be considered as necessary and incidental work. END OF SECTION D-4724 02513-2 Engineer Sec-02513 (1) (6-17-02) -11/8/02Y MW DIVISION 3 - CONCRETE +w Section 03100 - Concrete Formwork PART 1 - GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE: The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions and General Requirements, apply to this work as if specified in this section. Work related to this section is described in: A. Section 03200 - Concrete Reinforcement B. Section 03300 - Cast-in-Place Concrete C. Section 03400 - Precast Concrete 1.02 DESCRIPTION OF WORK: The Work includes providing the structural support and physical barriers or forms which control the shape and location of the concrete. Also included in this section are the requirements for the removal of the forms and their support. 1.03 QUALITY ASSURANCE: A. Concrete Forms: Clean concrete forms of all material or other objects considered deleterious to the concrete structure or surface. B. Design Criteria: Design concrete forms and falsework, or shoring, to meet the requirements of the type of concrete, sequence of placing, schedule and conditions of the Project. For calculating the strength required of falsework and forms, one (1) cubic foot of +� standard weight concrete is assumed to weigh 160 pounds. Construct all concrete forms and falsework of stress-gradable materials. Unless noted otherwise,the maximum allowable design deflection shall be (1/500th) of the span for walls exposed to public view, (1/360th) of the span for exposed beams or slabs and (1/270th) of the span for all other concrete. Support falsework on driven piling or mudsills and posts. If approved,place mudsills on undisturbed soil or on soil compacted to 95% of maximum density as determined by compaction control tests. Do not use mudsills in areas where the resulting soil pressures will exceed 3,000 pounds per square foot. Provide wedges,jacks, or similar devices to ensure uniform take-up or release of the forms and falsework. Do not place wedges where they will be subject to undue bearing stress. (Falsework structures shall be conventional in design.) Cribbing or stacking of blocking will not be allowed. All form and falsework drawings shall bear the seal of a licensed structural engineer licensed in the State of Washington. Furnish copies of the design calculations to the Engineer upon request. D-4724 03100-1 No Engineer-Sec 03100 (7-9-01) DIVISION 3 - CONCRETE Section 03100 - Concrete Formwork (continued) C. Codes and Standards: Where provisions of pertinent codes and standards conflict with these specifications,the more stringent provisions shall govern. 1.04 SUBMITTALS: A. Submit form and falsework drawings for approval in accordance with Section 01300 - Submittals of these specifications. The drawings shall indicate the proposed construction in detail. The drawings shall clearly indicate the size of the members, spacing of supports, studs, walers, stringers, collars, wedges, bolts, bracing and designed rates of pour. Note the manufacturer's recommended safe working loads for form ties, column clamps, she bolts and associated equipment. Do not construct falsework and forms until the drawings have been approved by the Engineer. Approval by the Engineer will not relieve the Contractor of responsibility for the sufficiency of the falsework and forms. B. In the event that a patented form system is to be used for concrete forms, submit the complete concrete forming details for approval. C. The form and falsework drawings shall indicate the method and sequence of removal or release when appropriate. 1.05 JOB CONDITIONS: All work will be over water and excess concrete shall not be discharged into the water. PART 2 -PRODUCTS 2.01 GENERAL: Materials for concrete forms may be new or used. The quality of the materials, not the age or previous usage, will be the determining factor as to their suitability. 2.02 JOB-BUILT FORMS: A. Wood Forms: 1. Framing lumber shall be of standard dimensions and of such quality as to meet the requirements of the stresses applied. 2. Use plywood for all exposed concrete forms. The plywood shall be exterior type without splits or knotholes and sanded smooth. The face grain of the plywood shall run perpendicular to the studs or joists. All joints in surfaces of forms used on exposed surfaces shall be vertical or horizontal. Plywood shall not be less than 1/2 inch thick except where curved areas require the use of 1/4 inch thick material. When 1/4 inch thick material is used, it shall be backed with heavier material. D-4724 03100-2 Engineer-Sec 03100 (7-9-01) DIVISION 3 - CONCRETE Section 03100 - Concrete Formwork (continued) 3. Shiplap, square-edged boards, or tongue-and-groove sheathing may be used for forming unexposed concrete surfaces. B. Steel Forms: 1. Steel forms to be fabricated at the site shall be approved by the Engineer and owner prior to construction. ow 2. Forms for round columns or shafts shall consist of self-supporting metal shell or tube which will give a smooth, even surface. Forms which produce a spiral appearance or those made of wood shall not be used except as approved by the Engineer. C. Miscellaneous Forms: Paper, fiberglass, micarta, asphalt-impregnated fiber and w. other miscellaneous form materials shall be approved prior to construction. 2.03 PREFABRICATED FORMS: All prefabricated forms,whether they are part of a patented system or custom-fabricated, shall be approved by the Engineer prior to assembly. 2.04 FORM LINERS AND COATINGS: Line, coat, or treat forms with a suitable bond-breaker to ensure their timely removal with minimum damage to the concrete. Bond-breaker material shall be non-coloring and shall not leave a film on the concrete surface that will prohibit the subsequent finishing .,� activities required to attain the desired appearance. 2.05 FORM TIES AND ACCESSORIES: ,., A. Form ties shall be manufactured items with stress values published. Form ties shall have a premeasured, break-back, weakened area so that ties can be removed within (3/4)-inch of the concrete surface. B. Tie rods for use with she bolts shall be set back(1-1/2 inches) from the concrete surface. Tie-rod steel shall have published stress values. • C. Wire ties and wood spacers will not be allowed. D. Corner brackets, column clamps and other specialized accessories shall be utilized in accordance with the manufacturer's recommendations. 2.06 SHORING AND FALSEWORK: JW A. General: Materials for shoring, falsework, mudsills, or structural staging shall be sized according to the approved drawings. The use of steel scaffold-type falsework, when approved by the Engineer, shall be furnished, erected and braced in strict accordance with the manufacturer's recommendations. B. Friction Collars and Clamps: The capacity of friction-supported forms shall be „ established by tests that are guaranteed by the manufacturer. Tests shall be D-4724 03100-3 No Engineer-Sec 03100 (7-9-01) DIVISION 3 - CONCRETE Section 03100 - Concrete Formwork (continued) conducted with the same material and the same configuration as will be used on the Project. Satisfactory use of the friction collar or clamp on previous projects of similar design will be considered sufficient test data. 2.07 FORM REMOVAL: Quick-release mechanisms, wedges, screw jacks, blocking, eccentric toggle levers, or other equipment shall be according to the approved drawings. PART 3 -EXECUTION 3.01 GENERAL: Set falsework and forms to allow for structural camber plus an allowance for shrinkage and settlement. The finished concrete shall conform to the lines and grades indicated on the drawings. 3.02 FORM INSTALLATION: Prior to final setting or placing of reinforcing steel, forms for exposed concrete surfaces shall be treated with a bond-breaker or parting compound. Apply the compound at a rate recommended by the manufacturer, to provide a smooth surface free of dusting action caused by the chemical reaction of the compound. Forms may be set with a slight bevel or draft for easy removal, where approved by the Engineer and owner. Use 3/4-inch chamfer strips on exposed inside and outside corners. All forms shall be mortartight. Standing water in the forms will not be permitted. Clean the forms immediately prior to placing of concrete. 3.03 FORM REMOVAL: Do not remove or release forms or falsework without the approval of the Engineer. wrr Forms and falsework shall remain in place, during which time the temperature shall average 50°F or higher, in accordance with the time specified in the following table: Early Strength Structure Component Standard Concrete Concrete Footing side forms 24 hrs ** Wall faces & columns (not yet 3 days supporting loads) Beam or Pile Cap side forms 3 days 24 hrs Supporting falsework or soffitt 14 days 64 hrs forms for pile caps or beams D-4724 03100-4 Engineer-Sec 03100 (7-9-01) MW DIVISION 3 - CONCRETE Section 03100 -Concrete Formwork (continued) M. *Or 80% of design strength if no loads are to be applied. **Provided that a curing compound is applied immediately. Do not apply the curing compound to a construction joint surface area between footing and column or wall or to any reinforcing steel. Wet-curing may be utilized in lieu of curing compound; however, at no time during the removal of the forms and the subsequent curing period shall the surfaces of the concrete be allowed to become �r dry. In areas where the surface of the concrete will be exposed to sea water(or to alkaline water or soil) do not remove the forms for a period of 30 days, or for a period of seven days for Type III cement, or longer if required by the Engineer. Do not release forms from under concrete which has been cured at a temperature under 50°F without first determining if the concrete has gained adequate strength, without regard to the time element. PART 4 - MEASUREMENT AND PAYMENT No separate measurement or payment will be made for"Concrete Formwork." The cost of this "W portion of the Work shall be included as a part of the cost for the various concrete items END OF SECTION D-4724 03100-5 Engineer-Sec 03100 (7-9-01) DIVISION 3 - CONCRETE Section 03200 - Concrete Reinforcement PART 1 - GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE: The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions and General Requirements, apply to this work as if specified in this section. Work related to this section is described in: A. Section 03100 - Concrete Formwork B. Section 03300 - Cast-in-Place Concrete 1.02 DESCRIPTION OF WORK: The Work includes the requirements for manufacture, detailing, cutting, bending, transporting and placing of all concrete reinforcement and associated items required or indicated on the drawings. 1.03 QUALITY ASSURANCE: A. Qualifications of Workmen: Provide at least one (1)person who shall be present at all times during execution of this portion of the Work and who shall be thoroughly familiar with the type of materials being installed and the best methods for their installation and who shall direct all work performed under this section. B. Codes and Standards: In addition to complying with all pertinent codes and regulations, comply with all pertinent recommendations contained in "Manual of Standard Practice for Detailing Reinforced Concrete Structures,"publication ACI 315-80 of the American Concrete Institute. 1.04 SUBMITTALS: A. Before any concrete reinforcement materials are delivered to the job site, submit shop drawings to the Engineer/owner in accordance with Section 01300 - Submittals of these specifications. B. Do not deliver concrete reinforcement to the job site until receipt of shop drawings approval from the Engineer/owner. 1.05 PRODUCT HANDLING: A. Protection: I. Protect reinforcement before, during and after installation and protect the installed work and materials of other trades. D-4724 03200-1 Engineer-Sec 03200 (7-9-01) DIVISION 3 - CONCRETE Section 03200 - Concrete Reinforcement (continued) 2. Store in a manner to prevent fouling with dirt, grease and other bond- breaking coatings. 3. Use all necessary precautions to maintain identification after the bundles are broken. B. Replacements: In the event of damage, immediately make all repairs and replacements necessary to the approval of the Engineer/owner at no additional cost to the city of Renton PART 2 - PRODUCTS 2.01 GENERAL: All concrete reinforcement materials shall be new and free from rust and shall comply with the following reference standards: A. Bars for reinforcement shall comply with the requirements of"Specifications for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement,"ASTM Designation A615, 60 or ASTM A706 if indicated on the drawings. B. Wire for reinforcement shall comply with the requirements of"Specifications for Steel Wire, Plain, for Concrete Reinforcement,"ASTM Designation A82. C. Wire fabric shall comply with the requirements of"Specifications for Steel Welded Wire, Fabric, Plain, for Concrete Reinforcement," ASTM Designation A185. D. Wire for pretensioning or posttensioning prestressed concrete shall conform to the requirements of"Specifications for Steel Strand, Uncoated Seven-Wire for Prestressed Concrete,"ASTM Designation A416, Grade 270. All-Steel strand shall be low-relaxation. , 2.02 OTHER MATERIALS: All other materials, not specifically described but required for a complete and proper installation of reinforcement, shall be selected by the Contractor, subject to the approval of the Engineer/owner. PART 3 - EXECUTION 3.01 GENERAL: Prior to installation of this section, carefully inspect the installed work of other trades and verify that such work is complete to the point where this installation may properly commence. D-4724 03200-2 Engineer-Sec 03200 (7-9-01) "" DIVISION 3 - CONCRETE Section 03200 - Concrete Reinforcement (continued) AW 3.02 REINFORCING STEEL BARS: an A. Order Lists: Before ordering material, furnish all order lists and bending diagrams for approval by the Engineer/owner; reinforcement placing drawings submitted for approval shall conform to CRSI detailing practice. Do not order material until such lists and bending diagrams have been approved. The approval of order lists and bending diagrams by the Engineer/owner shall in no way relieve the Contractor of responsibility for the correctness of such lists and diagrams. B. Fabrication: Bead all bars cold to the shapes indicated on the drawings unless otherwise approved by the Engineer. Do not field-bend bars partially embedded in concrete except as indicated on the drawings or as approved by the Engineer. Make bends and hooks in accordance with the applicable portions of the Building WM Code and the Concrete Reinforcing Steel Institute. C. Placing and Fastening: 1. Place all steel reinforcement accurately and hold firmly in the position indicated on the drawing during the placing and setting of concrete. Tie bars at all intersections, except where spacing is less than one foot in each direction, then tie alternate intersections. 2. Provide the following minimum concrete covering of reinforcement unless wQ noted otherwise on the drawings: a. Concrete below ground deposited against forms: Two (2) inches b. Concrete deposited against earth: Three (3) inches C. Concrete elsewhere: As indicated on the drawings or otherwise approved by the Engineer. d. Precast Concrete: As indicated on the drawings or otherwise approved by the Engineer. 3. Maintain the minimum distance from the forms by means of stays, blocks, ties, hangers, or other approved supports. Blocks, for holding reinforcement from contact with the forms, shall be precast mortar blocks of compressive strength not less than 3750 psi of approved shape and dimensions, or approved metal chairs. Metal chairs which are in contact .,, with the exterior surface of the concrete shall be plastic-coated or galvanized. Separate layers of bars by plastic chairs, by precast mortar blocks of compressive strength not less than 3750 psi, or by other equally suitable devices. The use of pebbles, pieces of broken stone, brick, metal D-4724 03200-3 r�s Engineer-Sec 03200 (7-9-01) DIVISION 3 - CONCRETE ` Section 03200 -Concrete Reinforcement (continued) pipe, and wooden blocks will not be permitted. The minimum spacing between bars shall be one bar diameter or one inch minimum, but not less than 1-1/3 times the maximum size of coarse aggregate. Place reinforcement; inspect; and obtain approval of the Engineer/owner before placing concrete. Concrete placed in violation of this provision may be r rejected and removal required,to be followed by placing of new reinforcing steel and concrete by the Contractor at no additional cost to the city of Renton. 4. In the event that conduits,piping, inserts, sleeves, or other items interfere with placing reinforcement as indicated on the drawings or as otherwise required, immediately consult the Engineer/owner and obtain approval of new procedure before placing concrete. D. Splicing: 1. Furnish all reinforcement in the full lengths indicated on the drawings. Splicing of bars, except when indicated on the drawings,will not be permitted without written approval of the Engineer. When approved, stagger splices as far as possible. 2. Unless shown otherwise, lap all reinforcing 36 bar diameters (18 inches minimum). 3. Weld reinforcing steel only as indicated on the drawings unless authorized otherwise, in writing, by the Engineer. Welding shall be performed by welders certified by the Washington Association of Building Officials and shall conform to the current specifications of the American Welding Society D1.4. When welding reinforcing bar splices, use low-hydrogen electrodes with preheat and interpass temperatures of not less than 200°F Clean welds of all slag. 3.03 PRETENSION STRANDS: The designs for the prestressing of the deck panels are indicated on the drawings. ..r Employ whatever methods and equipment are necessary to comply with the design requirements. , A. Accurately hold prestressing elements in position and stress them by jacks. Maintain a complete record of the jacking force and the elongations produced thereby. Several units may be cast in one continuous line and stressed at one time. Leave sufficient space between ends of units to permit access for cutting after the concrete has attained the required strength. B. Equip hydraulic jacks with accurately reading, calibrated pressure gages. The Contractor may elect to substitute screw jacks or other types of jacks for hydraulic jacks. In that case, proving rings or other approved devices must be used in "" D-4724 03200-4 Engineer-Sec 03200 (7-9-01) ob DIVISION 3 - CONCRETE Section 03200 - Concrete Reinforcement (continued) connection with the jacks. A certified calibration curve must accompany each device or hydraulic jack. C. Welding of steel reinforcing bars or pretensioning strands will not be allowed unless indicated on the drawings. No welds or grounds for welding equipment may be made on the forms or on the member after the prestressing steel has been installed. D. Release the pretensioning reinforcement in such a manner as to produce minimum tension stresses in the concrete. Do not release until tests on concrete cylinders, manufactured under the same conditions as the member, indicate that the concrete +"r has attained a compressive strength of(4,200)psi. If the member has been heat- cured, maintain the temperature under the enclosure above 60°F until the stress is transferred to the concrete. E. Employ necessary safety measures to prevent accidents due to possible breaking of the prestressing steel or slipping of the grips during the prestressing process. Strand vises shall be specifically designed for the size and strength of strand used. 3.04 CLEANING REINFORCEMENT: Steel reinforcement, at the time concrete is placed around it, shall be free from loose rust or mill scale, oil, paint and all other coatings which will destroy or reduce the bond between steel and concrete. PART 4 -MEASUREMENT AND PAYMENT No separate measurement or payment will be made for"Concrete Reinforcement." The cost of this portion of the Work shall be included as a part of the various concrete items. END OF SECTION D-4724 03200-5 irr Engineer-Sec 03200 (7-9-01) DIVISION 3 - CONCRETE ,�. Section 03210 - Resin Bonded Anchors PART 1 - GENERAL 1.01 DESCRIPTION OF WORK A. The work includes removal, regrade, and reset the existing underwater precast units at the boat lunch to the grade shown on the drawings. The work also includes all labor and materials for installing resin bonded deformed reinforcing steel anchors in existing precast units as necessary to complete the job as specified on the plans. B. Related Work 1. Section 03300 - Cast-in-Place Concrete. 2. Section 03200 - Concrete Reinforcement. 1.02 QUALITY ASSURANCE A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts, and who are completely familiar with the specification requirements and methods for proper performance of the work in this section. B. Holes are to be drilled in the existing concrete at approximate locations as shown on the plans. The actual as-drilled locations of the holes shall be selected to minimize damage to existing embedded reinforcing bars. The Contractor shall determine the optimum location for all drilled holes and shall submit a location plan to the Engineer/owner for approval prior to drilling. C. Following drilling, the Contractor shall verify that all holes are drilled to the appropriate diameter and depth to develop the required anchorage as shown on the plans, or as recommended by the manufacturer of the resin bonding material. .� 1.03 SUBMITTALS A. Resin manufacturer's recommendations for drilled hole diameter and depth for developing deformed rebar as anchors. B. Resin manufacturer's written installation procedures for installing rebar as anchors. r D-4724 03210-1 Engineer-Sec 03210 (7-9-01) DIVISION 3 - CONCRETE " Section 03210-Resin Bonded Anchors (continued) PART 2 -PRODUCTS 2.01 RESIN „r A. The resin shall be a high modulus,high strength, epoxy bonding/grouting adhesive. The adhesive shall be a gun grade product suitable for installation of rebar anchors and anchor bolts on vertical and overhead surfaces. B. Resin shall have the following properties: I. Description: High modulus, creep-resistant epoxy paste suitable for ' grouting dowels, bolts, and rebar in vertical and overhead applications at elevated temperatures. Minimum Compressive Yield Strength ASTM D 695 12,000 psi Minimum Slant Shear Strength AASHTO T-237 Failure in Concrete (dry or wet substrate) with f =4,000 psi PART 3 - EXECUTION 3.01 GENERAL A. The Contractor shall be responsible for all job site safety issues related to the use of resin including, but not limited to, storage, mixing, handling,placement, ' cleanup, and disposal. B. The Contractor shall comply with all cautions contained in the resin MSDS data sheets. 3.02 ANCHOR PLACEMENT A. The anchors shall be installed in accordance with the resin manufacturer's written procedures. Contractor shall verify that the workers have previous experience placing the resin being used. If the workers are inexperienced in the use of the resin, the resin manufacturer's representative shall be at the job site during the first day of anchor installation to provide training in the proper installation of the anchors. B. Holes shall be located and drilled to the diameter and depth as shown on the plans or at locations shown on the alternate placement plan approved by the Engineer. Holes may be drilled with a rotary hammer. Core drilling shall not be allowed. t D-4724 03210-2 Engineer-Sec 03210 (7-9-01) DIVISION 3 - CONCRETE Section 03210-Resin Bonded Anchors (continued) C. Holes drilled into concrete shall be thoroughly cleaned of debris, dust, and laitance prior to installing the anchor and resin. Holes shall not have any •�• standing liquid at the time of anchor and resin placement. PART 4-MEASUREMENT AND PAYMENT 4.01 MEASUREMENT: A. "Remove, Regrade and Reset 44 underwater precast units at the boat launch" will be measured Lump Sum. 4.02 PAYMENT A. "Remove, Regrade and Reset 44 underwater precast units at the boat launch" will be paid Lump Sum. No separate Measurement or Payment will be made for "Resin Bonded Anchors". The costs for this portion of the work shall be considered incidental to and included in, the payments made for the bid item 2 in the Schedule of Unit Prices. Payment for bid items as listed above shall be the full and only compensation for furnishing all �r labor, material, equipment, tools and other necessary and incidental work to complete the respective items of work. Separate payment will be made for related items of work only as included in the Schedule of Unit Prices. All other work required to complete the work specified in this section, but not indicated specifically as a pay item, shall be considered as necessary and incidental work. END OF SECTION D-4724 03210-3 Engineer-Sec 03210 (7-9-01) Im DIVISION 3 - CONCRETE ,., Section 03300 - Cast-In-Place Concrete w PART 1 - GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions and General Requirements, apply to this Work as if specified in this section. Work related to this section is described in: A. Section 03100 - Concrete Formwork rrr B. Section 03200 - Concrete Reinforcement 1.02 DESCRIPTION OF WORK The Work includes the requirements for providing all cast-in-place concrete and +rr associated work in conformance with these specifications and drawings. 1.03 QUALITY ASSURANCE Testing shall be accomplished in accordance with the applicable provisions of Section 01410, Quality Control; Testing Laboratory Services. �r. A. Qualifications of Workmen 1. Provide at least one person who shall be present at all times during execution of this portion of the work and who shall be thoroughly trained and experienced in placing the types of concrete specified and who shall direct all work performed under this section. 2. Thoroughly trained and experienced journeyman concrete finishers shall �. be responsible for finishing of exposed surfaces. B. Codes and Standards: All concrete shall meet the requirements of the City of .► Renton Building Code. All concrete is reinforced, unless stated otherwise. The amount of reinforcing shall not be less than the minimum required by the City of Renton Building Code. Where provisions of pertinent codes and standards conflict with this specification, the more stringent provisions shall govern. r D-4724 03300-1 Engineer-Sec 03300 (7-9-01) Ynr DIVISION 3 - CONCRETE ' Section 03300 - Cast-in-Place Concrete (continued) irr+ 1.04 PRODUCT HANDLING Ready-mixed concrete shall be placed in its final position within 1-1/2 hours after the addition of cement. A. Retempenng: Mix concrete only in such quantities as are required for immediate use, and use while fresh before initial set has taken place. Concrete which has developed initial set shall not be used. Concrete which has partially hardened r shall not be retempered or remixed. B. Protection: Use all means necessary to protect cast-in-place concrete materials , before, during, and after installation and to protect the installed work and materials of all other trades. C. Replacement: In the event of damage, immediate) make all repairs and P g , Y P replacements necessary to the approval of the Engineer/owner and at no additional cost to the City. , PART2 - PRODUCTS 2.01 CONCRETE: A. Quality ' Concrete of the tabulated classes shall have the following minimum compressive strengths at 28 days. Concrete shall be proportioned within the following limits unless approved otherwise after submittal of a mix design. All concrete shall have a maximum water-to-cement ratio of 0.45. The minimum compressive strengths at 28 days shall be 4,000 psi. ' B. Cement , I. All cement shall be Portland cement conforming to ASTM Designation C 150, Type I or III with a tricalcium aluminate (C3A) content of less than ' 8 percent, and shall be the product of one manufacturer. 2. Type III cement shall be used for all concrete unless the use of Type I cement is specifically authorized in writing by the Engineer. The use of Type I cement will be authorized only if the Contractor can demonstrate, by preparation of and adherence to a construction schedule approved by the Engineer, that the project will be completed within the stipulated contract time using the Type I cement. D-4724 03300-2 Engineer-Sec 03300 (7-9-01) �I "' DIVISION 3 - CONCRETE Section 03300 - Cast-in-Place Concrete (continued) oft D. Aggregates s. 1. Aggregates for standard Portland cement concrete shall conform to the quality requirements of the current State of Washington Standard Specifications for Road, Bridge and Municipal Construction. 4W E. Water: Water used for mixing concrete shall be potable and shall conform to the quality requirements of paragraph 9-25.1 of the Washington State Standards. F. Admixtures: All admixtures shall be supplied by one manufacturer approved by the Engineer. «r 1. Air-Entraining Agents shall conform to ASTM C-260. Agents shall be Edoco, MB VR, MB AE-10, or approved equal. An air entraining agent shall be used in all concrete, unless noted otherwise, to obtain 5% entrained air(plus or minus 1%2%). 2. Water-Reducing Agents shall be "Pozzolith," or approved equal, conforming to ASTM C494, Type A for water-reducing, Type D for water- reducing and retarding, and Type E for water-reducing and accelerating. 3. Accelerators shall be approved by the Engineer prior to use. 4. Retarders shall be approved by the Engineer prior to use. 5. Non-shrink Additives shall be "Isovol," "Embeco," or an approved mix design. The mix design shall be tested in accordance with ASTM C827 for volume change, ASTM C187 and C143 for workability, and ASTM C39 for compressive strength. The use of powdered aluminum will not be permitted without written permission of the Engineer. 2.02 MEMBRANES r A. Curing Membrane: All curing membrane shall be sheet plastic as specified for vapor barrier, a combination sheet plastic and paper, or an equal approved in advance by the Engineer. B. Jointing Material: All cement or tape used for sealing membrane joints shall be only as recommended by the manufacturer of the membrane being joined. 2.03 OTHER MATERIALS All other materials not specifically described but required for a complete and proper installation of cast-in-place concrete shall be as selected by the Contractor subject to the approval of the Engineer. r D-4724 03300-3 Engineer-Sec 03300 (7-9-01) DIVISION 3 -CONCRETE Section 03300 - Cast-in-Place Concrete (continued) PART 3 -EXECUTION 3.01 PREPARATORY WORK A. Inspection 1. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where , this installation may properly commence. 2. Verify that all items to be embedded in concrete are in place,properly oriented, located and secured. 3. Verify that concrete may be placed to the lines and elevations indicated on the drawings with all required clearances for reinforcement. B. General , 1. Thoroughly clean all areas in which concrete is to be placed. Clean and roughen existing concrete or concrete from a previous pour to provide a , bondable surface. Thoroughly wet down concrete forms, which have not been treated with oils, waxes, or other bond breakers prior to placing concrete. 2. Clean all transporting and handling equipment of all hardened concrete. C. Discrepancies: In the event of discrepancy, immediately notify theEngineer/owner. Do not proceed with installation until all discrepancies have been fully resolved. , D. Notification: Notify the Engineer/owner at least 48 hours in advance of concrete pour. 3.02 PLACING CONCRETE A. General ' 1. Place concrete as soon as possible after mixing. Concrete shall be plastic and readily workable when placed in the forms. Concrete that does not reach its final position in the forms within 1-1/2 hours after the addition of cement shall not be used. 2. The method and manner of placing concrete shall not allow segregation of the aggregates, or displacement of reinforcement. 3. Do not use aluminum conduits or tremis for pumping or placing concrete. err D-4724 03300-4 Engineer-Sec 03300 (7-9-01) 1 DIVISION 3 - CONCRETE Section 03300 - Cast-in-Place Concrete (continued) 4. Place concrete in continuous horizontal layers and compact so that there will be no line of separation between layers. Carefully fill each part of the forms by depositing concrete directly at or as near as possible to the final position. 5. When concrete must be dropped more than five feet into the forms, it shall be deposited through approved conduit. Approved conduit shall also be used to place concrete in sloping forms or in other locations, as directed, to prevent concrete from sliding around reinforcing or other embedments. 6. In general, the method of depositing and compacting concrete shall be conducted to form a compact, dense, impervious concrete with the required surface and a minimum of segregation. Remove defective concrete as directed by the Engineer/owner at no additional cost to the city of Renton. "Plastering"will not be permitted. PART 4 - MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. "North Coulon Park-Replace Expansion Joint at the Shelter on Water Walk," Lump Sum. B. "South Coulon Park-Replace Expansion Joints on Concrete walkway at Diving and Swimming Area,"two locations, Lump Sum. C. "Gene Coulon Park-Repair Concrete Pavers, Bedding and crushed rocks"per linear foot 4.02 PAYMENT Payment will be made for the following bid items as are included in the schedule of unit prices: A. North Coulon Park, "Replace Expansion Joint at the Shelter on Water Walk,"Lump Sum. B. South Coulon Park, "Replace Expansion Joints on Concrete Pier at Diving and "' Swimming Area,"two locations, Lump Sum. C. "Gene Coulon Park-Repair Concrete Pavers, Bedding and crushed rocks"per linear foot �r D-4724 03300-5 Engineer-Sec 03300 (7-9-01) DIVISION 3 - CONCRETE Section 03300 - Cast-in-Place Concrete (continued) Payment for bid items as listed above shall be the full and only compensation for furnishing all labor, material, equipment,tools and other necessary and incidental work to complete the respective items of work. Separate payment will be made for related items of work only as included in the Schedule of Unit Prices. All other work required to complete the work specified in this section, but not indicated specifically as a pay item, shall be considered as necessary and incidental work. M END OF SECTION D-4724 03300-6 Engineer-Sec 03300 (7-9-01) DIVISION 3 - CONCRETE ., SECTION 03732 - Concrete Crack Repairs - Epoxy Injection PART 1 - GENERAL 1.01 DESCRIPTION aw A. Work Included: Repair of cracks by pressure injection of an epoxy resin adhesive. w B. Related Work 1. Documents affecting work of this section include,but are not necessarily limited to, General Conditions, Supplementary Conditions, any addenda, and sections in Division 1 of these specifications. 2. Section 03300 - Cast-in-Place Concrete. 3. Section 03736 - Concrete Spall Repairs - Polymer-Modified. 1.02 QUALITY ASSURANCE ■ A. Applicator's Qualifications: Epoxy injection shall be performed by a certified applicator. The applicator's qualifications shall be submitted to the Engineer/City of Renton's park supervisor at least 2 weeks before commencement of epoxy injection work. ow B. Workmen's Qualifications: Contractor's workmen engaged in the epoxy injection process shall have satisfactorily completed a program of instruction in the methods of restoring concrete structures utilizing the specific epoxy injection at process indicated or submit evidence of sufficient work experience in utilizing the process. Qualifications of workmen shall be submitted to the Engineer for review 2 weeks before start of work. Aw C. Inspection: Comply with provision of Paragraph 3.4 of this section. A. PART 2 -PRODUCTS 2.01 MATERIALS 0a A. Description: Two-component, elevated temperature-resistant structural epoxy adhesive suitable for low pressure injection repair of reinforced concrete. Minimum Tensile Strength ASTM D 2471 7000 psi Elongation at Break ASTM D 638 1.5 percent Minimum Compressive Yield Strength ASTM D 695 16,000 psi Minimum Flexural Strength ASTM D 790 10,000 psi B. Surface Seal D-4724 03732-1 Engineer-Sec 03732 (7-9-01) DIVISION 3 - CONCRETE Section 03732 - Concrete Crack Repairs - Epoxy Injection (continued) w 1. Description: The surface seal material is that material used to confine the injection adhesive in the cracks during injection and cure. 2. Properties: The surface seal material shall have adequate strength to hold injection fittings firmly in place and to resist injection pressures adequately to prevent leakage during injection. 2.02 EQUIPMENT A. Type: The equipment used to meter and mix the two injection adhesive components, and inject the mixed adhesive into the cracks shall be portable, positive displacement-type pumps with interlock to provide positive ratio control of exact proportions of the two components at the nozzle. The pumps shall be electric or air-powered, and shall provide in-line metering and mixing. B. Discharge Pressure: The injection equipment shall have automatic pressure control capable of discharging the mixed adhesive at any preset pressure up to ' 200 psi and shall be equipped with a manual pressure control override. C. Ratio Tolerance: The equipment shall have the capability of maintaining the volume ratio for the injection adhesive prescribed by the manufacturer of the adhesive within a tolerance of±5 percent by volume at any discharge pressure up to 200 psi. D. Automatic Shut-Off Control: The injection equipment shall be equipped with sensors on both Component A and B reservoirs that will automatically stop the machine when only one component is being pumped to the mixing head. PART 3 -EXECUTION 3.01 REPAIR AREAS General location of cracks to be injected are marked on the plans. Exact locations and their lengths will be identified by the city of Renton parks supervisor. Additional locations may be determined as the work progresses. 3.02 PREPARATION A. Approval: Prior to preparation for injection work, cracks to be injected shall be marked by the Contractor and approved for injection by the city of Renton supervisor/Engineer. r D-4724 03732-2 Engineer-Sec 03732 (7-9-01) DIVISION 3 - CONCRETE Section 03732 - Concrete Crack Repairs -Epoxy Injection (continued) B. Surfaces: Surfaces adjacent to and within cracks shall be cleaned to remove all dirt dust, grease, oil, efflorescence, or other foreign matter and sealing materials detrimental to bond of the epoxy surface seal, epoxy adhesive surface seal, and epoxy adhesive injection materials,respectively. Acids and corrosives shall not be permitted for cleaning. wr C. Entry Ports: Entry ports shall be provided along the crack at an interval not to exceed the minimum dimension of the member receiving epoxy injection. The entry ports shall be set in accordance with epoxy injection material manufacturer's recommendation. A rotary impact drill shall be used to drill hole 1/4-inch to 3/8- inch larger than entry port pin size. D. Surface Seal: Surface seal material shall be applied to the surface of the crack and adjacent areas of application between the entry ports, as needed. Sufficient .rr time for the surface seal material to gain adequate strength shall be allowed before proceeding with the injection. 3.03 EPDXY INJECTION A. Injection: Spacing of pressure grout ports depends on size and overall thickness .� of area containing cracks to be filled. Injection of epoxy adhesive shall begin at lower entry port and continue until there is an appearance of epoxy adhesive at the next entry port adjacent to the entry port being pumped. r 1. When epoxy adhesive travel is indicated by appearance at the next adjacent port, injection shall be discontinued on the entry port being wr pumped and epoxy injection shall be transferred to next adjacent port where epoxy adhesive has appeared. ww 2. Perform epoxy adhesive injection continuously until cracks are completely filled. 3. If port-to-port travel of epoxy adhesive is not indicated, the work shall immediately be stopped and the Engineer shall be notified. 4. If the ambient temperature or temperature of the epoxy approaches 85 degrees F, precautions shall be taken to prevent premature setting of epoxy while the injection is in progress. B. Finishing 1. When the cracks are completely filled,the epoxy adhesive shall be allowed to cure for sufficient time to allow removal of surface seal without any draining or runback of the epoxy material from voids or cracks. 2. Surface seal material and injection adhesive runs or spills shall be removed from concrete surfaces. D-4724 03732-3 Engineer-Sec 03732 (7-9-01) VIII DIVISION 3 CONCRETE Section 03732 - Concrete Crack Repairs -Epoxy Injection (continued) 3. The face of the crack shall be finished flush with the adjacent concrete and will show no indentations or protrusions caused by the placement of entry ports. 3.04 INSPECTION A. Pressure Test 1. Method: The mixing head of the injection equipment shall be disconnected and the 2-adhesive component delivery lines shall be attached to the pressure check device. The pressure check device shall consist of two independent valved nozzles capable of controlling flow rate and pressure by opening or closing the valve. There shall be a pressure gauge capable of sensing the pressure buildup behind each valve. Testing equipment shall be supplied by the Contractor. The valves on the pressure check device shall be closed and the equipment operated until the gauge pressure on each line reads 160 psi. The pumps shall be stopped and the gauge pressure shall not drop below 150 psi within 2 minutes. 2. Frequency of Pressure Test: The pressure test shall be run for each ' injection unit at the beginning and every 4 hours of use for every shift that the unit is used in the work of crack repair. B. Ratio Test 1. The mixing head of the injection equipment shall be disconnected and the 2-adhesive components shall be pumped simultaneously through the ratio check device. The ratio check device shall consist of two independent valved nozzles capable of controlling back pressure by opening or closing the valve. Testing equipment shall be supplied by the Contractor. There shall be a pressure gauge capable of sensing the back pressure behind each valve. The discharge pressure shall be adjusted to 160 psi for both adhesive components. Both adhesive components shall be simultaneously discharged into separate calibrated containers. The amounts discharged into the calibrated containers simultaneously during the same time period shall be compared to determine that the volume discharged conforms to the manufacturer's recommended ratio for applicable material. 2. Frequency of Ratio Test: The ratio test shall be run for each injection unit at the beginning and every 4 hours of use for every shift that the unit is used in the work of crack repair. D-4724 03732-4 Engineer-Sec 03732 (7-9-01) DIVISION 3 - CONCRETE Section 03732 - Concrete Crack Repairs -Epoxy Injection (continued) C. Proof of Ratio and Pressure Test 1. At all times during the course of the work, the Contractor shall keep complete and accurate records available to the Engineer of the pressure and ratio tests specified above. 2. In addition,the City of Renton's park supervisor or Engineer at any time without prior notification of the Contractor may request the Contractor to •.. conduct the tests specified above in the presence of the City of Renton's park supervisor or Engineer. PART 4 - MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. "Gene Coulon Park-Epoxy Grout Injection of Cracks"per linear foot. .■ 4.02 PAYMENT Payment will be made for the following bid items as are included in the schedule of unit prices: A. "Gene Coloun Park-Epoxy Grout Injection of Cracks"per linear foot. Payment for bid items as listed above shall be the full and only compensation for furnishing all labor, material, equipment, tools and other necessary and incidental work to complete the respective items of work. Separate payment will be made for related items we of work only as included in the Schedule of Unit Prices. All other work required to complete the work specified in this section, but not indicated specifically as a pay item, shall be considered as necessary and incidental work. END OF SECTION w D-4724 03732-5 Engineer-Sec 03732 (7-9-01) r DIVISION 3 - CONCRETE r. Section 03736 - Concrete Spall Repairs PART 1 - GENERAL 1.01 DESCRIPTION aw A. Work Included: Repair delaminated and spalled areas of concrete, and existing patches where indicated on drawings by removing unsound material to depth as behind embedded reinforcement, cleaning rust and scale from exposed reinforcement, and applying a structural repair concrete to fill the spall. Work may also include installation of reinforcing bars where required. All patches will "" be placed to a depth sufficient to fully encapsulate the reinforcing steel. B. Related Work am 1. Documents affecting work of this section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, any addenda, as and sections in Division 1 of these specifications. 2. Section 03200 - Concrete Reinforcement. r 3. Section 03732 - Concrete Crack Repairs - Epoxy Injection. 1.02 QUALITYASSURANCE A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts, and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this section. w B. Inspection: Comply with the provisions of Paragraph 3.4 of this section. .. 1.03 SUBMITTALS A. Comply with the pertinent provisions of Section 0 13 00. B. Product Data: Submit manufacturer's specifications and installation instructions for each item of proprietary material used showing compliance with these specifications. . PART2 - PRODUCTS 2.01 STRUCTURAL REPAIR CONCRETE A. The structural repair concrete shall be flowable,rheoplastic, shrinkage compensated concrete containing silica fume as an admixture. The plastic mix characteristics shall be suitable for pumping the concrete into formed, confined D-4724 03736-1 Engineer-Sec 03736 (7-9-01) DIVISION 3—CONCRETE Section 03736 - Concrete Spall Repairs (continued) spalled areas and shall not require an additional bonding agent to achieve adequate bond to the prepared, hardened concrete at the spall. B. The following minimum performance data shall apply to the hardened repair concrete: Characteristic Minimum Performance Slant Shear Bond 2,500 psi @ 14 days Compressive Strength 5,000 psi @ 14 days Tensile Bond 250 psi @ 14 days � Modulus of Elasticity 5.0 x 106 psi @ 14 days i C. In addition,the coefficient of thermal expansion for the hardened repair concrete shall not exceed 6.0 x 10-6 inch/inch/degree F over the temperature range of 50 degrees F to 180 degrees F. 2.02 REINFORCING STEEL t Comply with the provisions of Section 03200. 2.03 BONDING AGENT/CORROSION PREVENTATIVE COATING FOR REINFORCING STEEL A. 2 d r ika Hi Mod manufactured S u 3 o anu ct ured by Sika Corporation, Lyndhurst,New Jersey. B. Nitoprime Zincrich manufactured by Fosroc, Inc., 665 N. County Road, Woodland, California, 95776. C. Emaco P22 manufactured by Master Builders, Inc., Cleveland, Ohio 44122. PART 3 -EXECUTION 3.01 REPAIR AREAS All delaminated and spalled areas of walls shall be repaired. General locations are marked on the drawings. Additional locations may be determined as the work progresses. Final repair areas shall be approved by the Engineer/owner before material removal is started. I D-4724 03736-2 Engineer-Sec 03736 (7-9-01) DIVISION 3—CONCRETE Section 03736 - Concrete Spall Repairs (continued) 3.02 REPAIR PROCEDURE 4. A. Concrete Removal: Delaminations and spalled areas shall be removed. Concrete shall be removed by saws, chipping hammers, and/or hydrojetting tools as required. Saw cuts shall be made 1/2-inch deep around the perimeter of unsound we concrete area. The perimeter saw cut shall be either square or rectangular in shape to the maximum extent practicable. The entire saw cut shall be made in sound concrete. The depth of saw cut shall be reduced, where required,to avoid ' cutting embedded reinforcement. Concrete shall be chipped at those locations to provide sharp edges. Do not "feather edge" the patch perimeter. Concrete shall be removed around reinforcing bars leaving at least 3/4-inch clear space around the circumference of each bar. Care shall be taken to avoid damage to sound concrete adjacent to repair area and to embedded steel reinforcement. Reinforcement damaged during sawing or concrete removal shall be replaced at no additional cost to the Owner. B. Crack Repair: General location of cracks are shown on the plans . Concrete removal shall be repaired in compliance with the provisions of Section 03732. Crack repair shall be completed prior to installation of concrete patches. C. Cleaning of Embedded Reinforcement: Sandblast all exposed embedded reinforcement to remove all corrosion products and old concrete. Diameter of cleaned reinforcing bars shall be measured and compared with original bar diameter. The Engineer/owner shall be consulted if any bar has lost more than 15 percent of its original diameter. Those bars that have lost 25 percent or more of their original diameter shall be supplemented by splicing in new bars. Where reinforcement is broken or missing, supplemental bars shall be installed and tapped. Reinforcing bars shall be located to provide a minimum of 1 1/2-inch of cover concrete on top of the bar. Additional concrete chipping shall be performed, as required,to provide the required cover over bars. D. Surface Preparation: Sandblast the cavity and the immediate surrounding concrete area to remove any deleterious materials such as laitance, dirt, grease, caulk, curing compounds, and paint. Roughness of cavity shall have a minimum surface profile of±1/4-inch. The cavity shall be blown clean with compressed air to ensure that all loose particles have been removed. E. Surface Treatment of Exposed Reinforcement: Thoroughly coat all areas of exposed steel reinforcement with a bonding agent/corrosion preventative coating in accordance with the manufacturer's recommendations. Rebar coating shall not be applied to concrete surfaces. Any rebar coating on the concrete surfaces (cavity and surrounding area) shall be removed by sandblasting. Follow manufacturer's instructions for applications of rebar coatings. ww D-4724 03736-3 Engineer-Sec 03736 (7-9-01) DIVISION 3—CONCRETE Section 03736 - Concrete Spall Repairs (continued) wr F. Final Surface Preparation: Predampen cavity surface with clean water. The cavity substrate shall be saturated surface dry with no freestanding water when the repair concrete is placed in the formwork. r"W` G. Repair Concrete Mixing: Mix in accordance with manufacturer's recommendations. H. Forming: Formwork shall be removable and shall be tight against the existing concrete surface to prevent leakage during pumping. Formwork shall be adequately vented to prevent the formation of voids within the repair concrete patch. I. Application: Place structural repair concrete by pumping or pouring. The minimum depth of patch repair shall be 3/4-inch beyond the embedded rebar, as shown on the plans. Maintain sufficient pump pressure to prevent the formation of voids within the patch volume. Consolidate during pumping by mechanical vibration or hand-hammering on the formwork. Remove all formwork and repair any holes used for fastening the formwork to the structure. J. Finish: Finished surface of patches shall match texture of the existing surface. Finished surface shall be flush with existing surface. K. Curing: Moist cure patch area for a minimum of 7 days before stripping forms. 3.03 EQUIPMENT A. Removal equipment shall be power-operated hydrojets, mechanical scarifiers, or grinders capable of removing the concrete surface to the specified depth. Power- driven hand tools will be permitted, except jack hammers and chipping hammers heavier than 15-pound class and 30-pound class,respectively, shall not be used. Jack hammers and mechanical chipping tools shall not be operated at an angle in excess of 45 degrees measured from concrete surfaces. The equipment shall be provided with a control device attached to the cutter head to limit the depth of cut. B. Sawing equipment shall be capable of sawing concrete to the specified depth. C. Sandblasting shall be capable of removing rust oil, concrete laitance, and other foreign materials from the existing concrete and reinforcing steel surfaces. D. Water supply and spray equipment shall be adequate to control dust, clean concrete surfaces during chipping and scarification, and maintain wet curing, E. Adequate sweepers, power brooms, or vacuuming equipment shall be provided by the Contractor. 3.04 INSPECTION D-4724 03736-4 Engineer-Sec 03736 (7-9-01) DIVISION 3—CONCRETE Section 03736 - Concrete Spall Repairs (continued) A. Final surface preparation shall be completed sufficiently in advance of the repair placement to allow the Enginee/owner to inspect repair areas prior to repair. B. The patch repair areas shall be sounded by the Contractor with a sounding bar or hammer after sufficient drying(approximately 7 to 10 days after placement). Any a hollowness shall be corrected by removing and replacing the unbonded patch at no cost to the City. The Engineer shall be present during the sounding operation. 3.05 ACCEPTANCE OR REJECTION a.. Acceptance or rejection of the concrete patch repair will be by the Engineer/owner. Such acceptance or rejection will be based on observations of visual defects or sounding of the arr repair. PART 4 - MEASUREMENT AND PAYMENT wr Payment will be made for the following bid items as are included in the schedule of unit prices: r A. "South Coulon Park-Repair Spalled Concrete at south end of concrete walkway" lump sum. aw Payment for bid items as listed above shall be the full and only compensation for furnishing all labor, material, equipment, tools and other necessary and incidental work to o complete the respective items of work. Separate payment will be made for related items of work only as included in the Schedule of Unit Prices. All other work required to complete the work specified in this section,but not indicated specifically as a pay item, to shall be considered as necessary and incidental work. go I END OF SECTION we r. QW 1W D-4724 03736-5 Engineer-Sec 03736 (7-9-01) go DIVISION 6 -WOOD AND PLASTICS Section 06100 - Rough Carpentry PART 1 - GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE: The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions and General Requirements, apply to this work as if specified in this section. Work related to this section is described in: A. Section 05500—Metal Fabrications B. Section 06311 —Preservative-Treated Lumber 1.02 DESCRIPTION OF WORK: The work includes but not limited to the requirements for"North Coulon Park- Repair O Vertical Displacement in timber Walkway next to Boat launch 8"and "South Coulon Park-Boathouse Viewpoint, Remove and Reinstall Timber Structure. It also includes all wood, nails, bolts, screws, framing anchors, and all other items needed for rough and ow finish carpentry, shop or field fabrication, detailing, cutting, transporting and placing of lumber and associated items required in this project. The extent and location of"Rough Carpentry"work is indicated on the drawings and is further defined as all wood framing dw required for a complete and operable facility. 1.03 QUALITY ASSURANCE: up A. Qualification of Workers: Provide sufficient supervisors and skilled workers who shall be thoroughly familiar with the type of construction involved and the �. techniques required for the proper execution of the work. B. Rejection: Rough carpentry improperly installed will be rejected and replaced at +.► no additional cost to the city. Framing errors in stress-rated lumber shall not be "repaired"or"remodeled"unless approved by the Engineer. 1.04 SHOP DRAWINGS: A. Before any material for rough framing is delivered to the job site, submit shop �. drawings to the Engineer and owner for approval in accordance with Section 01300 - Submittals of these specifications. B. Indicate all shop and erection details, including cuts, copes, connections,bolt hole patterns and fastening devices. aw C. Erection marks on treated lumber shall be stamped into the wood with a branding hammer in such a location as to be visible after erection. No Engineer-Sec 06100 (7-9-01) 06100-1 No DIVISION 6 - WOOD AND PLASTICS Section 06100 - Rough Carpentry (continued) 1.05 PRODUCT HANDLING: A. Store all materials in such a manner as to ensure proper ventilation and drainage and to protect against damage and the weather. .r B. Keep all material clearly identified with all grades marks legible. Separate all damaged material and stockpile to prevent use as structural members. C. Use all means necessary to protect the installed work of all other trades. D. In the event of damage, immediately make all repairs and replacements necessary to the approval of the Engineer/owner at no additional cost to the city. PART 2 - PRODUCTS 2.01 GRADE STAMPS: A. Timbers, Dimension Stock and Boards: Identify all stress-gradable lumber by the grade stamp of the West Coast Lumber Inspection Bureau, or other inspecting agency as approved by the Engineer. B. Other Material: Identify all other material of this section by the appropriate stamp of the agency as approved in advance by the Engineer. 2.02 MATERIALS: All materials of this section, unless specifically otherwise approved in advance by the Engineer, shall meet or exceed the following: A. Timbers: All Timbers shall be"Douglas Fir—Larch No. 1" and conform to the requirement of paragraph 131-a WCLIB. B. Fastening Hardware: All hardware used in contact with salts-treated lumber shall be galvanized. 1. Steel hardware shall be manufactured from A36 steel. 2. Machine bolts shall be A307. 3. Nails shall be galvanized. Other Materials: All other materials, not specifically described but required for a complete and proper installation, shall be new, suitable for the intended use and subject to the Engineer's approval. Engineer Sec 06100 (7-9-01) 06100-2 DIVISION 6 - WOOD AND PLASTICS Section 06100 - Rough Carpentry (continued) PART 3 - EXECUTION o. 3.01 PREPARATORY REVIEW: A. Inspection: Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence and be performed in strict accordance with the original design and all pertinent codes and regulations. B. Discrepancies: In the event of discrepancy, immediately notify the AW Engineer/owner. Do not proceed with installation until fully resolved. 3.02 WORKMANSHIP: ow A. General: Install rough carpentry to produce framing which is level or plumb with joints that are true, tight and well assembled. Assemble all members in accordance with the approved drawings and appropriate codes. B. Selection of Lumber: Carefully select all lumber. When cutting long lengths into short pieces, exercise care to avoid reducing the grade. C. Shimming: Do not shim structural members to fit. �wr 3.03 Repair vertical displacement in timber walkway next to boat launch No. 8—Contractor shall remove the decking planks and longitudinal joists with extra care to avoid any damage to timber members and replace the pile caps with new pile caps to eliminate the vertical displacement in the walkway, as indicated on the contract drawings. Contractor shall reinstall the existing joints and decking planks after the new pile caps are in place. All connections and attaching hardware shall be replaced in kind. Any damaged member raw during removal, shall be replaced by the contractor at no cost to the owner. The finished elevation for top of deck,throughout the area where the work is performed, shall be within 1/4" of its adjacent undamaged (earthquake) section of the walkway. Aw 3.04 Boathouse viewpoint, removal and reinstallation timber structure- Contractor shall remove the decking and all the framing members including timber stairs as shown on contract drawings. Position and set the new precast concrete footings so that the final top decking elevation shown on the drawings is achieved W 3.05 GENERAL FRAMING: A. Bearings: 1. Make all bearing surfaces full unless otherwise indicated on the drawings. o Engineer-sec 06100 (7-9-01) 06100-3 to DIVISION 6 - WOOD AND PLASTICS ` Section 06100 - Rough Carpentry (continued) 2. Cut and fit ends of sloped structural members to provide uniform bearing surfaces. B. Fastening: Use galvanized fasteners only. +rr 1. Bolting: a. Drill holes 1/16 inch larger in diameter than the bolts being used. Drill holes from one side only. b. Use bolts of sufficient length that no threads bear on wood. Use washers under head and nut where both bear on wood. Use washers under all nuts. 2. Screws: a. Prebore holes for screws and lag screw the same diameter as the root of threads. Enlarge holes to the shank diameter for the length of the shank. b. Turn, do not drive, all screw fasteners into position. PART 4 -MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. "North Coulon Park-Repair Vertical displacement in timber walkway next to boat launch No. 8" shall be measured Lump Sum. B. "South Coulon Park-Boathouse viewpoint, Remove and reinstall Timber structure" shall be measured Lump Sum. 4.02 PAYMENT Payment will be made for the following bid items as are included in the schedule of unit prices. Y g p A. "North Coulon Park-Repair Vertical displacement in timber walkway next to boat launch No. 8" shall be paid Lump Sum. B. "South Coulon Park-Boathouse viewpoint, Remove and reinstall Timber structure" shall be paid Lump Sum. There will be no separate payment will for removal and reinstallation of the fence at boathouse viewpoint and it shall be considered incidental and necessary to complete the work for item B, listed above. Engineer-sec 06100 (7-9-01) 06100-4 DIVISION 6 - WOOD AND PLASTICS Section 06100 - Rough Carpentry (continued) Payment for bid items listed above and other work, shall be full and only compensation for furnishing all labor, material, equipment, tools and other necessary and incidental work to complete the respective items of work. Separate payment will be made for related items of work only as included in the Schedule of Unit Prices. All other work required to complete the work specified in this section, but not indicated as a pay item, shall be considered as necessary and incidental work. END OF SECTION dw ift Engineer-Sec 06100 (7-9-01) 06100-5 DIVISION 6 - WOOD AND PLASTICS Section 06311 - Preservative-Treated Lumber PART 1 - GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE: The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions and General Requirements, apply to this work as if specified in this section. Work related to this section is described in: A. Section 05500—Metal Fabrications B. Section 06010—Lumber and Timber C. Section 06100—Rough Carpentry 1.02 DESCRIPTION OF WORK: The work includes the preservative treatment of wood products required in the on this job, and the care and handling of the material. 1.03 QUALITY ASSURANCE: Treatment shall be applied by an organization regularly involved in the pressurized treatment of wood products. No field treatment will be permitted except for trimmed �. ends and other required field cuts. All timber shall be pressure-treated, for use with fresh water, shall conform to AWPA Standard C-1. 1.04 SUBMITTALS: Before installing any treated materials, submit copies of the Manufacturer's Certificate of Compliance indicating that the material has been treated in accordance with the applicable codes, reference standards and these specifications. 1.05 PRODUCT HANDLING: A. After they are treated, care for pressure-treated materials in accordance with the applicable sections of Specification M4-77, which reads in part: 1. Treated material may be handled with pointed tools provided that side surfaces are not penetrated over 1/2 inch. 2. Field-protect all cuts, holes and injuries to the surface of treated material by brushing, spraying, dipping, soaking, or coating. 3. Take care to ensure that all injuries, such as abrasions, nail holes and spike rr holes, are thoroughly saturated with the field-treating solution. Engineer-Sec 06311 (7-9-01) 06311-1 DIVISION 6 - WOOD AND PLASTICS Section 06311 - Preservative-Treated Lumber (continued) 4. Holes bored in pressure-treated material shall be poured full of preservative. Horizontal holes may be filled by pouring the preservative into them with a bent funnel. The use of pressure equipment for applying preservative liquids to holes bored in the field is recommended. wr B. Replace, at no additional cost to the city, all treated lumber which has been damaged in handling or during the treating process to the extent that the specified grade no longer remains true or the treatment has been rendered ineffective. PART 2 -PRODUCTS All timbers used this contract are preservative treated according to this specifications unless noted otherwise Preservatives utilized for the treatment of wood products shall comply with the applicable AWPA specifications. 2.01 WATERBORNE PRESERVATIVES: A. Ammoniacal Copper Zinc Arsenate (ACZA), or Ammoniacal Copper Arsenate (ACA), (trade name: Chemonite), AWPA Standard Spec.No. P-5. 2.02 FIELD TREATMENT PRESERVATIVES: Preservative products used in the field for treatment of exposed cuts, holes,punctures, shall be one of the following: A. Copper Napthenate. PART 3 -EXECUTION 3.01 CONDITION OF MATERIALS: Prior to treating the materials by the pressure process, condition materials in accordance with American Wood Preservers Association Standard C-l. Insofar as practicable, cut all materials to size before treatment. Engineer-Sec 06311 (7-9-01) 06311-2 "` DIVISION 6 - WOOD AND PLASTICS Section 06311 - Preservative-Treated Lumber (continued) M. 3.02 TREATMENT: In treating materials by the pressure processes, conform to the applicable portions of AWPA Standard Specification C-l. 3.03 RETENTION: r. The quantity of preservative retained in the treated material shall be determined in accordance with AWPA Standard C-1 andC-2, except that the quantity shall not be less than as specified hereinafter: A. Lumber,timbers, and plywood pressure-treated with creosote or creosote solution preservatives for contact with the ground or for above-ground use shall retain a .. minimum of 10 pcf by assay of the outer 0.60-inch. B. Lumber,timbers, or plywood with ACZA waterborne salt preservatives for above- ground use shall retain a minimum of 0.25 pcf. Material treated for contact with the ground or fresh water shall retain a minimum of 0.40 pcf. C. Material that does not meet the minimum requirements for retention may be retreated in accordance with AWPA Standard C 1. PART 4 -MEASUREMENT AND PAYMENT No separate Measurement or Payment will be made for"Preservative-Treated Lumber". 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