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HomeMy WebLinkAboutContract CAG-05-054 AIA Document A10ITM 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 2005 (In words, indicate day,month and year) BETWEEN the Owner: (Name, address and other.information) Gi of Renton, ADDITIONS AND DELETIONS: y The author of this document has 1055 SoU&Grady Way ` added information needed for its Renton,WA 98055 completion.The author may also have revised the text of the and the Contractor: original AIA standard form.An (Name, address and other information) Additions and Deletions Report that notes added information as MCKinstry. Co. well as revisions to the standard 5,, Third Avenue South form text is available from the $dAtde,VA--98124 author and should be reviewed. Teleph6h6 Number:206 7768-7724 A vertical line in the left margin of FaacNumber X46-764-1671 this document indicates where the author has added necessary The Project!is: information and where the author (Nazrte.and location) has added to or deleted from the original AIA text. AC Replacement This document has important kstOn#i l legal consequences. 2 l, l Art tiue,South Consultation with an attorney a' Menton,WA 98055 is encouraged with respect to its completion or modification. The AIA Document A201-1997, (Ntrtne, aess.and other information) 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. The Owner And Contractor agree as follows. This document has been approved and endorsed by The Associated General Contractors of America. AIA Document A101"'—1997.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA* Document is protected by U.S.Copyright Law and International Treaties.+ Unauthorized reproduction or distribution of this AIA*Document,or any portion of It may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:50:02 on 052412005 under Order No.1000175113_1 which expires on 5/92006,and is not for resale. User Notes: (4073683163) ARTICLE 1 THE CONTRACT DOCUMENTS The,Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other CoWitibris),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed m 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. ARTICLE 2 THE WORKOF 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. ARTICLE,3 :DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated Below or provision is trade for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the.date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) June 30,2005 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: §3.2 Tfie.Cdntract'Time shall be measured from the date of commencement. §3.3 The)Contractor shall achieve Substantial Comp dat6 letion of the entire Work not later than sixty(60)days from the 6i enceznent,,or as follows: (litsert 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 of certainrtons o1he If' rJi~) =K. _ "portlon-�fWork Substantial Completion Date subject to'adjustments of this Contract Time as provided in the Contract Documents. (,weriprovisions,if wry,for liquidated damages relating to failure to complete on time or for bonus paymentsf or early comptetton of the Work)` $100 per calendar.day ARTICLE 4,CONTRI CT,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 Fifty-nine thousand,five hundred twenty-three dollars and no cents J$59,523.00)including Washingtorrgiate Sales Tax,subject to additions and deductions as provided in the Contract §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.If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement,attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A101TM—1997.Copyright O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treaties.+ 2 Unauthorized reproduction or distribution of this A10 Document or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:50:02 on 05/24/2005 under Order No.1000175113 1 which expires on 5/912006,and is not for resale. User Notes: (4073683163) §43 Unit prices,if any,are as follows: Description Units Price($0.00) 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 The City of Renton operates on a two-week cycle according to the 2005 Accounts Payable Calendar,a copy of which will be provided to the Contractor. Applications for Payment must be received by the Owner a minimum of one week prior to any Purchase Order cutoff date to be processed in that run. §5.1.4 Each Application for`Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work The schedule of values shall be prepared in such form and supported by such data to`substantiate its Accuracy as the Architect may require. This schedule,unless objected to by the Architect,shall be used asa basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications forPayment 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. vislo f Oontract Documents,the amount of each progress payment shall be §5. .6 Subject toer ns computed 1blllows � -1 Ta1ce that portion of the Contract Sum properly allocable to completed Work as determined by implying the percentage'completion of each portion of the Work by the share of the Contract Sum allocated to:ghat portton of the Work in the schedule of values,less retainage of five percent(5%). Pending final Ike WC ation of Cost to the Owner of changes in the Work,amounts notl in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; 2,1 Add that poldt0 of the Contract Sum properly allocable to materials and equipment delivered and suitably sfoxecut 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 .,=five five percent(5%); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to 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 AIA Document A101 TM—1997.Copyright O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:50:02 on 05/24/2005 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (4073683163) (Section 9.8.5 of ALA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) y .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor,any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-1997. §5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended,priorlo Substantial Completion of the entire Work to reduce or limit the retainage resulting from the percentages inserted,in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) §5.1.9 Except with the O*ner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment wh 6li-1 ave not been delivered and stored at the site. -§5.2 f INAL PAYME>�T _ §5.21 Final payment,.ecrostitliting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when: .1 the Contractor has''fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997,and to satisfy other requirements, if any,wh:ti±h extend beyond final payment;and .2 a final Certificates for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's`final Cerhtictta for Payment,or as follows: ARTICLE 6 TERMI; 4TNOR S N 61 The Contract ' be to Q the Owner or the Contractor as provided in Article 14 of AIA Document ' A2014997. p ?- "4417 he Work maybe cusp 41 +the Owner as provided in Article 14 of AIA Document A201-1997. A � ,,ARTICLE I MISCELLM61"' NS Where reference is made m this Agreement to a provision of AIA Document A201-1997 or another Contract Docutrient,the reference xefe �o that provision as amended or supplemented by other provisions of the Contract Documents. §71 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated Below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) per annum �. r z (CLsuy laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws rtr,dother regulations at the Owner's and Contractor's principal places of business, the location of the 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) AIA Document A101 TM—1997.Copyright©1915 1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.+ 4 Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:50:02 on 05/24/2005 under Order N0.1000175113_1 which expires on 5/912006,and Is not for resale. User Notes: (4073683163) Greg Stroh City of',kenton Facilities Manager h055 8 Grady Way Renton,WA 98055 425-430-6614 §7.4 The Contractor's representative is: (Name, address and other information) M.cKinstry Co.- 5005 Third Avenue South Seattle,WA 98124 206-768-7724 §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: 'ARTICL.E 8,;ENUMERATION OF CONTRACT DOCUMENTS §1;.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as .'follows' §811 ,h+ .Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contract,' AIA Document A101-1997. 11;- ' General Conditions are the 1997 edition of the'General`Conditions of the Contract for Construction,AIA i5t A201-1997. i, 3 The'Suppi entary and other ConAitions of the Contract are those contained in the Project Manual dated and a�8s fay S 4 Documenf Title Pages ,.. Project Manual-Division 0 20 8r ,4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, nd are as follows: ( ifthh�lisif the Spectficat ons here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit:Project Manual-Divisions 1 through 3 I§8.'I 5 The wings are follows,and are dated May 09,2005 unless a different date is shown below: (Either list'the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date Plans-Division 3 §&IA The Addenda,if any,are as follows: Number Date Pages #1 5/9/2005 3 AIA Document A101TM—1997.Copyright ®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA!Document,or any portion of It may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:50:02 on 05/24/2005 under Order No.1000175113_I which expires on 5/9/2006,and is not for resale. User Notes: (4073683163) 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. 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.ALA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) 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;arid,the remainder to the Owner. OWNER ature) CONTRACTOR(Signature) Kathy Xeolker-Wheeler, Mayor i U i en-f (Printed name arfd title) (Printed name and title Attest:," Bonnie I: Walton, City Clerk 'gieuF�Riu�im,,, � °�o` SEAL n x, - � ��1 �fllllllfl4t1t1t1��� b . f AIA Document A101 —1997.Copyright m 1915,1918,1925,1937,1951.1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document Is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIA*Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:50:02 on 05/24/2005 under Order No.1000175113 1 which expires on 519/2006,and is not for resale. User Notes: (4073683163) �x y � HVA.C. REPLACEMENT for FIRE STATION 11 �. Removal and Replacement of Five HVAC Systems Sealed Bids will be received until 4:00 pm,Tuesday, May 17, 2005 At the City Clerk's'Office, 7*Floor,Renton City Hall and will be publicly read in Conference Room 521, 5"Floor, Renton City Hall CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FACILITIES DIVISION s 1055 SOUTH GRADY WAY RENTON, WA 98055 HVAC REPLACEMENT- FIRE STATION 11 TABLE OF CONTENTS TITLE NUMBER OF PAGES Table of Contents............................................................. DIVISION 0-BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00020 Synopsis of Bidding Information.....................................................................1 00030 Invitation To Bid.........................................................................................1 00040 Bid Submittal Checklist................................................................................1 00100 Instructions to Bidders.................................................................................3 00300 Bid Form- Form Of Proposal........................................................................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 DIVISON 1 -GENERAL REQUIREMENTS 01010 Summary of Work.........................................................................................1 01028 Change Orders............................................................................................2 01500 Construction Facilities, Utilities, and Temporary Controls......................................2 01578 General Specifications and Technical Data of Packaged HVAC Units......................6 01700 Project Closeout...........................................................................................2 DIVISION 2-SITEWORK 02070 Selective Demolition.................................................................-.....................2 DIVISION 3—PLANS Roof Plan and Floor Plans..............................................................................3 r HVAC REPLACEMENT FIRE STATION 11 TC-1 TABLE OF CONTENTS +w .r aw rr r. Aw w ow m BIDDING REQUIREMENTS, ' CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT DIVISION 0 SECTION 00020-SYNOPSIS OF BIDDING INFORMATION A. PROJECT: HVAC Replacement City of Renton Fire Station No. 11 211 Mill Avenue South Renton, WA 98055 B. OWNER: City of Renton 1055 South Grady Way Renton, WA 98055 C. OWNERS REPRESENTATIVE: Greg Stroh, Facilities Manager City of Renton Community Services Department, 1055 South Grady Way Renton,WA 98055 Phone: (425)430-6614 FAX (425)430-6603 D. BIDS DUE: Tuesday, May 17,2005 4:OOP.M. Renton City Hall—Seventh Floor, Room 728—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. E. TENTATIVE SCHEDULE OF WORK: The following dates represent the tentative schedule for the Work to be performed under this contract: Specifications and Floor Plans Available .........Tues. May 3,2005 Pre-Bid Site Walk-Thru 9:OOAM......................Tues. May 3,2005 Bids Due 4:OOPM.......................................Tues. May 17,2005 Commence Work.......................................Mon.June 30,2005 F. TIME OF CONSTRUCTION: Sixty(60)calendar days. Liquidated damages thereafter at one hundred dollars ($100) per day. �r G. BID SECURITY: None H. PERFORMANCE BOND& PAYMENT BOND: 100%of contract amount. K. WAGES: Pay state prevailing wages rates. L. TYPE OF CONTRACT: Single lump sum contract encompassing all work. END OF SECTION HVAC REPLACEMENT FIRE STATION 11 00020-1 SYNOPSIS OF BIDDING INFORMATION " CAG-05-054 CITY OF RENTON CALL FOR BIDS REMOVAL AND REPLACEMENT OF FIVE HVAC SYSTEMS �. Fire Station#11, 211 Mill Ave. S, Renton, Washington Sealed bids will be received until 4:00 p.m., Tuesday, May 17, 2005, at the City Clerk's office, 7ch floor, and will be opened and publicly read in conference room #521 on the 5`h floor, Renton City Hall, 1055 South Grady Way, Renton, WA 98055, for the replacement of five HVAC systems at City of Renton Fire Station#11. Bids received after the specified time and date will not be considered. The project scope and bid should include the following tasks: • Remove and dispose of the existing Heating/Air Handler Unit, Roof Top Condensing Units, and Piping. +�+■ • Provide Five(5)new HVAC systems to include, but is not limited to: Heat Pumps, Fan Coil Units, and Air-cooled Condensing Units in accordance with the technical specification to be provided at the pre-bid walk-through. A pre-bid walk-through will be held at 9:00 AM,Tuesday, May 3, 2005 at the Fire Station, located at 211 Mill Ave. S., Renton. Attendance by potential firms is mandatory. The following documents will be handed out at the walk-through: • Scope of work. • A draft copy of the contract with the city. • City of Renton Insurance requirements. Questions shall be addressed to, Greg Stroh,Renton Community Services Department, 1055 South Grady Way, Fifth Floor,Renton, WA 98055,phone(425) 430-6614, fax (425) 430-6603. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bids received. No bid bond is required,but a performance bond is required. The City's fair practices/non-discrimination policies and State Prevailing Wage Rates apply to this project. Bonnie Walton, City Clerk Published: .� Seattle Daily Journal of Commerce April 19 and April 29, 2005 HVAC REPLACEMENT FIRE STATION 11 00030-01 REQUEST FOR PROPOSAL `rr 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 Contractor. LIST OF REQUIRED SUBMITTALS • Bid Proposal Form (Section 00300) • Combined Affidavit and Certification Form (Section 00400) ■r HVAC REPLACEMENT FIRE STATION 11 00040-1 BID SUBMITTAL CHECKLIST i a. SECTION 00100-INSTRUCTIONS TO BIDDERS 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 ,. 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 �. 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 Substitutions not accepted. 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). Bid shall be accompanied by Contractor's Certificate of Insurance per Specifications Section 00920. Bids lacking these insurance documents will be considered non-responsive. E. SUBMISSION OF BIDS Bids shall be submitted in a sealed envelope and marked with the words"Sealed Bid 'r 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 `r 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 „r and does not exceed the funds available. HVAC REPLACEMENT FIRE STATION 11 00100-1 INSTRUCTIONS TO BIDDERS ■r 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) 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 building permit is approved, the City Council, City Attorney, Risk Manager approves the Contract, and the Contract is signed by the Mayor. J. TIME OF CONSTRUCTION After the designated date of Start of Work, Contractor shall proceed with promptness and dispatch and shall be substantially complete within thirty(30)calendar days. K. LIQUIDATED DAMAGES 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 One Hundred Dollars ($100.00)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 completion dates. rr 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 a subcontractor to the general contractor performs extra work as above,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. HVAC REPLACEMENT FIRE STATION 11 001 00-1 INSTRUCTIONS TO BIDDERS iri SECTION 00300- BID FORM �- FORM OF PROPOSAL (BID) for the HVAC REPLACEMENT at Fire Station #11 211 Mill Avenue South Renton, Washington Bids Due: 4:00 P.M. May 17,2005 To: i City Clerk, Room#728 .r Seventh Floor of City Hall 1055 South Grady Way Renton,WA 98055 The undersigned hereby certifies that they have carefully examined the Contract Documents as defined in the General Conditions entitled "HVAC Replacement for the City of Renton Fire Station #11,211 Mill Avenue South, Renton,WA and have examined the site of the work and the location where said work is to be done, and fully understands the manner in which payment is proposed to be made for the cost thereof, hereby proposes to furnish all materials and to perform all labor which may be required`to complete said work within the time fixed, and upon the terms and conditions provided in said Contract Documents for consideration of the following amount: A. BASE BID For all work shown in the Contract Documents,the sum of: $ Washington State Sales Tax: $ Grand Total Base Bid: $ B. ALTERNATE BIDS ALTERNATE NUMBER AND DESCRIPTION: ALTERNATE#1: DEDUCT the sum of: $ Washington State Sales Tax: $ Grand Total Alternate#1: $ ALTERNATE#2: ADD the sum of: $ Washington State Sales Tax: $ Grand Total Alternate#2: $ 4 HVAC REPLACEMENT-FIRE STATION 11 00300-1 BID FORM SECTION 00300- BID FORM B. CONDITIONS OF PROPOSAL 1. Determination of Low Bidder: The owner reserves the right to'Award a Contract'based on the Contractor's + Proposal Amounts for Base Bid and/or Breakdown, in whatever manner is in the Owner's best interest. 2. Overhead and Profit: All of the above Bid Prices shall include overhead and profit. 3. Sales Tax: All of the above Bid Prices shall include Washington State Sales Tax. C. PERIOD OF BID VALIDITY/ACCEPTANCE OF BID 1. BASE BID The undersigned hereby agrees that this BID as described in paragraph 'A'shall " be a valid and firm offering for the period of sixty(60)days from closing time for the'Receipt Of Bids.' Acceptance of Bid: Within sixty(60)days after the opening of Form Of Proposal, the City will act either to accept the Proposal from the lowest responsive, responsible Bidder,or to reject all Bids. The City reserves the right to request extensions of such Bid acceptance period. The acceptance of a Bid will be evidenced by a written Notice of Intent to Award "` Contract to the Bidder whose Bid is under consideration for acceptance,together with a request to furnish a bond(I required),evidence of insurance to execute the agfebrnent set forth in the Contract Documents,and other designated documents. D. EXECUTION OF CONTRACT If written'Notice of Intent to Award Contract'is mailed,telegraphed,facsimile,or delivered to the undersigned within the 'period of Bid Validity"noted above,or any time thereafter before this Bid is withdrawn,the undersigned will,within ten (10) days after the date of such notification, execute a Contract in the form of the AIA Document A101 'STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR-STIPULATED SUM', 1997 edition E. TIME FOR COMPLETION The undersigned hereby agrees to'FINAL COMPLETION"of all Work outlined in the Contract Documents within sixty(60)calendar days after receipt of Notice to Proceed with established Start Date. HYAC REPLACEMENT-FIRE STATION 11 00300-2 BID FORM - ------------------------- =- v� �_-_ _ e yr SECTION 00300- BID FORM F. LIQUIDATED DAMAGES If the Contractor fails to complete the Work by the FINAL COMPLETION DATE (or such extension of that date which might be granted by the Owner), he agrees to abide by all provisions of the Contract. In addition, Liquidated Damages in the amount of One Hundred Dollars ($ 100.00)will be assessed for each calendar day �. that the Contractor exceeds the 'FINAL COMPLETION DATE." G. ADDENDUM RECEIPT Receipt of the following 'ADDENDA'to the CONTRACT DOCUMENTS is acknowledged: Addendum No. Date +• Addendum No. Date H. EXECUTION OF PROPOSAL Name of Firm State License Registration No. Address City State Zip Code Telephone( ) FAX( 1 The undersigned designates the above as the firm and address to which 'NOTICE OF CONTRACT .r AWARD'may be mailed, hand delivered or delivered via facsimile. NOTE: If a Bidder is a corporation,write state of incorporation;and if a partnership, give full names and addresses of all partners below: HVAC REPLACEMENT-FIRE STATION 11 00300-3 BID FORM r SECTION 00300- BID FORM The undersigned certifies that the above is a firm and valid BID to accomplish all Work and comply with all requirements of the Contract Documents. Date: Signature: Signed Printed Title: I. ENCLOSURES PROVIDED BY CONTRACTOR The Contractor shall provide the following enclosure with this Form of Proposal: Non-Collusion Affidavit,Assignment of Antitrust Claims To Purchaser, Minimum Wage Affidavit Form, which is located in this Specification Section 00400. Certificate of Insurance as specified in Section 00920. Ir END OF BID FORM r r ■r HVAC REPLACEMENT-FIRE STATION 11 00300-4 BID FORM ift ..r SECTION 00400—NON COLLUSION,ANTI-TRUST,AND MINIMUM WAGE FORM NON-COLLUSION AFFIDAVIT Being duly swom,deposes and says,that he is the identical person who submitted the forgoing proposal or bid,and 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 bome by the purchaser. Therefore,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 swom,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 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. FOR: NON-COLLUSION AFFIDAVIT,ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT HVAC REPLACEMENT—FIRE STATION#11 Name of Bidders Firm Signature of Authorized Representative of Bidder Subscribed and swom to before me on this day of May,2005. Notary Public in and for the State of Washington Residing at: 00400-1 HVAC REPLACEMENT FIRE STATION 11 NON-COLLUSION,ANT-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 9 inclusive. They are included as part of the contract. The Contractor and all subcontractors shall read and be governed by them,with enclosed modifications. 6 pages of AIA document A-101 follows .r� �r - err 00500-1 HVAC REPLACEMENT FIRE STATION 11 CONTRACT WIN #v.,,UA Document A101'1 - 1997 `' � � and Form of Agreement Between Owner and Contractor nr a basis of payment is a STIPULATED SUM EMEW made as of the day of in the year of words,indicate and year) N ormation) ADDITIONS AND DELETIONS: The author of this document has added Information needed for Its completion.The author may also have revised the tend of the original AIA standard form.An nnation) Adddons and Deletions Report that notes added information as well as revlslom to the standard tone lend Is&afl"Gom the author and should be reviewed. A vertical ine In the left margin of ihts document' 1, 1,c wham the audw has added necessary Monnation and where the author has added to or deleted from the original AIA teed. This doaxnent has trnportartt is: legal consupences.- Oorwulfadon with an affomsy Is encouraged with reaped to its compleiton or modlicatlon. AIA Document A201 4997. General Condtiortc of the Contract for Condmcllon,is con adopted in Chic document by reference.Do not use with odw genera!condlilm Wen this pit document is modified. This document has been approved and endorsed by The Associated General Contractors of Arnedca. I ! III AIA Document A101-—1997.Copyright O 1915,1916,1925,1937,1951 8,1961,1963,1967,1974,1977,1960,1997,1991 and 1997 by The American Imlitute d ArdAoctL AN rights nswved.WARNING:This AIA j 195Document Is protected by U.S.Copyright Law and Infernatlond Troatlsa. smr Unsuthortnsd reproduction or dk*l mdm of this AW Document,or any portion of 14 ney result In sewn dvg and criminal penalties.and wig be prosecuted to rte oex1 m u m adWd possible under tie law.This document was produoed by AK software of 10:47:12 on 06/18/2004 under Order No.10001175821 which sxplres on S/10J2005,and la not for resale. user Notes: tM867%2) ARTICLE 1 THE CONTRACT DOCUMENTS JU fact Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other ),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed ment and Modifications issued after execution of this Agreement;these form the Contract,and are as of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire utggratcA agreement between the parties hereto and supersedes prior negotiations,representations or refs,either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in e 8. tl ICLE 2 RLE WO THIS CONTRACT Contra the Work described in the Contract Documents,except to the extent specifically n is to be the responsibility of others. M CEMENT AND SUBSTANTIAL COMPLETION t of the Work shall be the date of this Agreement unless a different date is stated w date to be fixed in a notice to proceed issued by the Owner. e nt if it differs from the date of this Agreement or, if applicable,state that the date ed.) - r the Work,the Owner requires time to file mortgages,mechanic's liens and other requirement shall be as follows: measured from the date of commeacemcnt. eve Substantial Completion of the entire Work not later than days from the date of ig .s.Alternatively,a calendar date may be used when coordinated with the date of NEWebev AM&the Contract Documents,insert any requirements for earlier Substantial t odt Substantial Completion Date of this Time as provided in the Contract Documents. uldated PAP damages relating to failure to complete on time or for bonus payments for sum The y the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be ($ ),subject to additions and deductions as provided in the Contract Sum is based upon the following alternates,if any,which are described in the Contract hereby accepted by the Owner: or other Identification of accepted alternates.If decisions on other alternates are to be made by die Owner subsequent to the execution of this Agreeme4 attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Documad A101-—1997.Copyright O 1915,1918,1925,1937,1951.1958.1961.1963.1967.1974,1977,1980.1987.1991 and 1997 by The Anrodcan InaftAs of Amtdwcts. AN rights reserved.WARNING:This A10 Document Is proteeled by US.Copyright Law and International Trestles. 2 Unmdtmtmd nproduetion or disfrl K41on of No A10 Document,or any poMon of K may result in sawn civil and crknkW penaltles,and W U be prosecuted b the maximum extent possbla under the law.This document was produced by AIA software at 10:47:12 on 08/16r2004 undw OW" W.10001175821 which s;11 on 5/10/2005,and k not for rscale. User Notes: (3736887562) "M. -_ .. INS f prices,if any,are as follows: Units Price(S 0.00) _1),z Y ` „1 T CLE 5 PAYMENTS 1 PROGRESS PAYI S A Based' . n App tcatioos for Payment submitted to the Architect by the Contractor and Certificates for ` x t issgby the rchReal the Owner shall make progress payments on account of the Contract Sum to the titractor rovidet low and elsewhere in the Contract Documents. 2 by each Application for Payment shall be one calendar month ending on the last day of f *� on a two-week cycle according to the 2004 Accounts Payable Calendar,a copy Contractor. Applications for Payment must be received by the Owner a minimum Order cutoff date to be processed in that run. t shall be based on the most recent schedule of values submitted by the Contract Documents.The schedule of values shall allocate the entire Contract of the Work.The schedule of values shall be prepared in such form and supported r as the Architect may require. This schedule,unless objected to by the for reviewing the Contractor's Applications for Payment. t< t shall indicate the percentage of completion of each portion of the Work as of the y the Application for Payment. je .ens tract Documents,the amount of each progress payment shall be Contract Sum properly allocable to completed Wale as determined by per+xatage completion of each portion of the Work by the share of the Contract Sum to f the Work in the scheale of values,less reteinage of five percent(5%). of cost to the Owner of changes in the Work,amounts not in dispute ded in Section 73.8 of ALA,Document A201-1997; Z of We Contact Sum propedy allocable to materials and equipment delivered and ke site for subsequent incorporation in the completed construction(or,if approved Ut ,suitably stored off the site at a location agreed upon in writing),less e petceat(5%); aggregate of previous payments made by the Owner,and vp ,4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment o s vided in Section 93 of AIA Document A201-1997. r payment amount determined in accordance with Section 5.1.6 shall be further modified under tances: .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 ALA Docurnsnt A101 er—1997-Copyright 01915.1916.1925.1937.19si 1958.1861.1963.1967.1974,1977.1980.1987,1991 and 1997 by The Am tuts American kw of A�chkects. AN rights reserved WARNING:This AIAj Doeunwnt is protected by WL copyright Law and Internatlaua Tr"ties. 3 Unauthorlaed reproduction or distribution of this AIAe Document,or any portion of I.may nsuk In riven civil and u4ninal penalties,and WIN bs prosecuted to the maxbnurn extent possible under Yw law. This document was pmduosd by ALA software at 101)7•.42 on 09/272004 under Order No.1000117582_1 whkh*vkw on 51102005,and k not for usage. User Notes: (3811891078) oar (Section 9.8.5 of ALA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety,if any.) Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor,any additional amounts payable in accordance with Section 9.10.3 of AIA Document W&Rieduction A201-1997. or limitation of retainage,if any,shall be as follows: is intended prix Substantial Completion of the entire World,to reduce or limit the retainage resulting from rcenta&fg inse Sections 5.1.6.1 and 5.1.6.2 above,and this is not explained elsewhere in the Contract unrents K he visions for such reduction or limitation.) .9 prior approval,the Contractor shall not make advance payments to suppliers for ve not been delivered and stored at the site. the entire unpaid balance of the Contract Sum,shall be made by the Owner to the fully performed the Contract except for the Contractor's responsibility to correct in Section 12.2.2 of AIA Document A201-1997,and to satisfy other requirements, red beyond final payment;and for Payment has been issued by the Architect. to the Contractor shall be made no later than 30 days after the issuance of the Payment,or as follows: ` tJR N ma be the Owner or the Contractor as provided in Article 14 of AIA Document r Owner as provided in Article 14 of AIA Document A201-1997. NS us made Agreement to a provision of AIA Document A201-1997 or another Contract that provision as amended or supplemented by other provisions of the Contract 7 Hader the Contract shall bear interest from the date payment is due at the rate stated . ow. thereof~at the legal rate prevailing from time to time at the place where the Project is ert rate reed upon,if any.) 1 rt 46 quirements under the Federal Truth in Lending Act,similar state and local consumer credit laws r at the Owner's and Contractor's principal places of business,the location of the Project and eet the validity of this provision. Legal advice should be obtained with respect to deletions or nwd{fteations,and also regarding requirements such as written disclosures or waivers.) §73 The Owner's representative is: (Name,address and other Irtformation) AIA Domnwd A101*r—1997.Condght O 1915,1918,1925,1937.1951 1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The Amaiean InalMe of Architects. AN r1ghU nsarvad. WARNING:This AIAd Document Is protected by U.S.Copyright Law and International Treaties. 4 Urmutlmrtzed reproduction or dlatrlbutlon of this ALA!Doeanent,or any portion of It,may result In seven dull and erimbral penalties,and will be prosecuted to the madman extent possible under the law.This document was produced by AIA software at 10:47:12 on 06/182004 under Order No.10001 175621 which ekes on 5/102005,and Is not br resale. User Notes: (3736887562) i Contractor's representative is: address and other information) Nei the Contractor's representative shall be changed without ten days written notice to the P CONTRACT DOCUMENTS for Modifications issued after execution of this Agreement,are enumerated as 1997 edition of the Standard Form of Agreement Between Owner and r, 01-1997. the 1997 edition of the General Conditions of the Contrad for Construction,AIA other Conditions of the Contract are those contained in the Project Manual dated Tide Pages those oontaiad in the Project Manual dated as in Section 8.13,and are as follows: er to an exhibit anwhad to this Agreement.) wing fo w:,and are dated unless a different date is shown below: infer to an exhibit attadW to dds AgreemenL) lot1�t1 oof 8. if as follows: Date Pages s ► i relating to bidding requirements are not part of the Contract Documents unless the bidding I r il� i enumerated in this Article 8. imoif any,forming part of the Contrad Documents are as follows: naimat documents that are intended to form part of the Contract Documents.AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only If Intended to be part of the Contract Documents.) rrs MA DocranaM A101-—1997.Copyright O 1915.1918,IM.1937,1951 1958,1961,1963,1967.1974,1977,1980,1987.1991 and 1997 by The American kntiaAe of A diecbL Aa rights reserved WARNINQ-.Tills AIA1 Deaanent le prolselsd by U.S.Copyright Law and International Treaties. 5 ser Unauthorized reproduction or distribution of this A10 DoamwM,or any portion of it.may result In severe cW0 and criminal penalties,and wig be prosecuted to the ma:kmum extent possble under the law.This docunad was produced by AIA sotlwaro at 10:47:12 on 061IM04 under Older User 0011 � 1 which smokes on fill(I OOS.and Is not for resale. (373688 2) T56 ssr tt� ment is entered into as of the day and year fast written above and is executed in at least three original +which one is to be delivered to the Contractor,one to the Architect for use in the administration of the the remainder to the Owner. -R(Signature) CONTRACTOR(Signature) ,. ed (Printed name and title) �r a 46 r-. 6 (rr MA Docransnt A101 r—1997.Copyright O 1915,Iola.1925,1937,1951.1958,1961.1963.1967,1974.1977.11980.1987.1991 and 1997 by The Amsrksn InallMe d ArctAwls. AN rights reserved WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treatles. 6 Unsutlrorlasd reprodudlon or dk*tmtlon of this AIAe Document,or any portion of It,may result in seven dull and criminal penalties,and will be prosecuted to Ow n=hvwn aslant possble under the law. This document was prodwed by AIA software at 10:47:12 on 08118/2004 under Order No.10001175V,_1 which sn*ss on 5110/2005,and is not for resale. War Notes: (3736967562) �i "" SECTION 00700—GENERAL CONDITIONS aw 101 STANDARD FORM The General Conditions of the Contract for Construction, 1997,AIA Document A-201, as follows, AW 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. .. 39 pages of AIA document A-201 follows am r do .r 4W 00700-1 HVAC REPLACEMENT FIRE STATION 11 GENERAL CONDITIONS No 'A r Alik Document A201 TM — 1997 General Conditions of the Contract for Construction forthe following PROJECT: (Name and location or address): blank documents till THE 0 WNER1 , �s... ADDITIONS AND DELETIONS: (Nime and address): The author of this document has added information needed for its completion.The author may also have revised the text of the THE,ARCHITECT: original AIA standard form.An (Name anti address): Additions and Deledons Report that notes added information as well as revisions to the standard form text is available from the trr author and should be reviewed. .� Lf bF •F 4- A vertical Ina In the left margin of this document indicates where ?f S the author has added necessary ' `, ,:�A. information and where the author Y has added to or deleted from the z ; original AIA text. This document has linportant legal cow. OF THE rNT CT Consultation with an attorney Is encouraged with respect b MW 0 ORS Its completion or modification. z L This document has been C STRITCT ON MY OWNER OR BY SEPARATE CONTRACTORS approved and endorsed by The +re ' u 7 GES W TIDE of America Associated General Contractors r" f y,fi M am k PA` IENiSAND COMPLETION fix, 4' 110 PR TFC�ION aF PERSONS AND PROPERTY I1 INSU AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13': MISCMANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT �r AIA Document A2011"—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute or AmMecls. All rights reserved WARNING:This AIA'Document Is protected by U.S.Copyright Law and International Trestles- Unauthorised reproduction or distribution of this AIA'Document,or any portion of It,may result In severe civil and criminal penattles,and will be prosecuted to the maxknum extend possible under the law. This document was produced by AIA Software at 15:08.04 on 08/182W4 under Order No.10001175e2_i which expires on 51102005,and is not for resale. User Notes: (3552668520) Y _. . ...... .... ...._`. -___.:--'-____.,.v:�..- _.....:..i.._:.,-,_,.._..�_::_.;ts:Asa_:a-.,,..-:.:.....�.•.:_..::._•....<..E_�_,..�:��.>__....<.:.:..>::�x_::_:..__::..:.. ....: ...:,..._.. ..._._____aaarsa. as• r INDEX 3.1.3,4.2,4.3.4,4.4,9.4,9.5 (Numbers and Topics in Bold are Section Headings) Architect's Approvals 2.4,3.1.3,3.5.1,3.10.2,4.2.7 Acceptance of Nonconforming Work Architect's Authority to Reject Work 9.6.6,9.9.3, 12.3 3.5.1,4.2.6, 12.1.2, 12.2.1 Acceptance of Work Architect's Copyright 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 1.6 s Access to Work Architect's Decisions 3.16,6.2.1,12.1 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, Accident Prevention 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, 4.2.3, 10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 'e Acts and Omissions Architect's Inspections 3.2,3.3.2,3.12.8,3.18,4.2.3,4.3.8,4.4.1,8.3.1, 4.2.2,4.2.9,4.3.4,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 :.9.5.1, 10.2:5,13.4.2,13.7, 14.1 Architect's Instructions err Addenda 3.2.3,3.3.1,4.2.6,4.2.7,4.2.8,7.4.1, 12.1, 13.5.2 1.1.1,3.11 Architect's Interpretations Additional Costs,Claims for 4.2.11,4.2.12,4.3.6 4.3.4,4.3.5,4.3.6,6.1.1,10.3 Architect's Project Representative Additional Inspections and Testing 4.2.10 9.8.3;12.2.1,13.5 Architect's Relationship with Contractor Additional Tithe,Claims for 1.1.2, 1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1, 4:3...4;4.3.7,18.3.2 3.7.3,3.10,3.11,3.12,3.16,3.18,4.1.2,4.1.3,4.2, 'ADMINISTRATION OF THE CONTRACT 4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4, 1.34,9 4t 9 5 9.5,9.7,9.8,9.9, 10.2.6, 10.3,11.3, 11.4.7, 12, '14 Wment or Inyti8tion to Bid 13.4.2, 13:5 1 iV Architect's Relationship with Subcontractors estliettc Effect,': 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.4.7 Architect's Representations 9.4.2,9.5.1,9.10.1 ' Architect's Site Visits $ . acts ce 4.2.2,4.2.5,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 1 13.5 Payment Asbestos S, 9S 1,9'." - .7.1,9.8.5, 10.3.1 .3 Attorneys'Fees do!', 3.18.1,9.10.2, 10.3.3 3,10.2,3 12,42 7,9 3 2,'13.4.2, 13.5 Award of Separate Contracts : 6.1.1,6.1.2 4.5'2.-4.6,8 31,9.7.1,11.4.9, Award of Subcontracts and Other Contracts for Portions of the Work Architect 5.2 4. Basic Definitions c tec4 Definition of 1.1 1.1 Bidding Requirements ltchitect,E?attent of Authority 1.1.1, 1.1.7,5.2.1, 11.5.1 2.4,3.12.7,4.2;4.3;6;4.4,5.2,6.3,7.1.2,7.3.6,7.4, Boiler and Machinery Insurance 9.2,9.3.1,9.4,9.5,9.8.3,9.10.1, 9.10.3;12.1, 12.2.1, 11.4.2 �1a3.5 , 135 2 14 2.2 14.2.4 Bonds,Lien .�rclitect,Limitations of Authority and 9.10.2 �,, reonstbtlty Bonds,Performance,and Payment 1s,333,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1, 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,4.4, Building Permit 5.2.1,7.4,9.4.2,9.6.4,9.6.6 3.7.1 Architect's Additional Services and Expenses Capitalization 2.4, 11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 1.3 Architect's Administration of the Contract Certificate of Substantial Completion etlr AU1 Document A201-—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Insiltute of Architects. Ali rights reserved. WARNING:This AIA*Document Is protected by U.S.Copyright tow and International Treaties. 2 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18!2004 under Order r No.1000117582_1 which expires on 5/1012005,and is not for resale. User Notes: (3552668520) 9.8.3,9.8.4,9.8.5 1.6.1,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6.4, Certificates for Payment 4.6.6,9.6.4, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, s 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 9.10.3, 13.7, 14.1.1.3, 14.2.4 Concealed or Unknown Conditions Certificates of Inspection,Testing or Approval 4.3.4,8.3.1, 10.3 13.5.4 Conditions of the Contract Certificates of Insurance 1.1.1, 1.1.7,6.1.1,6.1.4 9.10.2, 11.1.3 Consent,Written Change Orders 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, + 1.1.1,2.4.1,3.4.2,3.8.2.3,3.11.1,3.12.8,4.2.8,4.3.4, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 4.3.9,5.2.3,7.1.7.2,7.3,8.3.1,9.3.1.1,9.10.3, CONSTRUCTION BY OWNER OR BY 11.4.1.2, 11.4.4, 11.4.9, 12.1.2 SEPARATE CONTRACTORS Change Orders,Definition of 1.1.4,6 Mr 7.2.1 Construction Change Directive,Definition of CHANGES IN THE WORK 7.3.1 3.11,4.2.8,7,8.3.10 9.3.1.1,'`11.4.9 Construction Change Directives a b Claim,Definition of 1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 4.3.1 Construction Schedules,Contractor's Claims and Disputes 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 3.2.3,43,4.4,4.5,4.6,6.1.1,6.3,7.3.8,9.3.3,9.10.4, Contingent Assignment of Subcontracts go 10.3.3 5.4,14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance 4.6.5 4.33 ..:Claims forsAtltli"'4.1,15-oual Cost Contract,Definition of 3.2.3,4.3,.4, �, ,61"1,7.3.8, 10.3.2 Chlums fordchhonale CONTRACT,TERMINATION OR 4, 13��x11,8 3'2-10.3.2 , SUSPENSION OF THE Cla><ms for'alki" sled or Upn mown Conditions 5.4.1.1, 11.4.9,14 43:4 Contract Administration Claims for Damages'. 3.1.3,4,9.4,9.5 ,3.2 3 3 8,4Q1 1,8 3.3,9.5.1,9.6.7, 10.3.3, Contract Award and Execution,Conditions Relating 8 .., �s :4 h14.2.4, . to St1ti tratton J ro k 3.7.1,3.10,5.2,6.1, 11.1.3, 11.4.6, 11.5.1 1 4 5 61 f v Contract Documents,The 1.1,1.2 �b3 Contract Documents,Copies Furnished and Use of nnmen&eement tatutory Limitation Period 1.6,2.2.5,5.3 rirr Contract Documents,Definition of s mme f ofWoi1c,�cConditions Relating to 1.1.1 ;3 f; 41,3. ,3101,3:12.6,4.3.5,5.2.1, Contract Sum 622 $ 1.2TQT8:�3111.1 11.4.1, 11.4.6 9.4.2, 11111111 11.5.1 9.5.1.4,9.6.7,9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2 Commencement of the Woik,Definition of Contract Sum,Definition of 8.1.2 9.1 Communications Facilitating Contract Contract Time Administration 4.3.4,4.3.7,4.4.5,5.2.3,7.2.1.3,7.3,7.4,8.1.1,8.2, 3.9.1,4.2.4 8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 14.3.2 Completion,Conditions Relating to Contract Time,Definition of 1.6.1,3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8, 8.1.1 9.9.1,9.10, 12.2,13.7, 14.1.2 CONTRACTOR COMPLETION,PAYMENTS AND 3 9, Contractor,Definition of Completion,Substantial 3.1,6.1.2 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, Contractor's Construction Schedules 9.10.4.2, 12.2, 13.7 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 go Compliance with Laws Contractor's Employees AIA Document A201"'—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The Us American Institute of Architects. All rights reserved. WARNING:This AIA!Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorised reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5110/2005,and is not for resale. User Notes: (3552668520) all 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, 6.2.5,3.14 ANN 11.1.1, 11.4.7, 14.1, 14.2.1.1, Damage to Construction of Owner or Separate Contractor's Liability Insurance Contractors 11.1 3.14.2,6.2.4,9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, OWN Contractor's Relationship with Separate Contractors 11.4, 12.2.4 and Owner's Forces Damage to the Work 3.12.5,3.14.2,4.2.4,6, 11.4.7, 12.1.2, 12.2.4 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.2.4 Contractor's Relationship with Subcontractors Damages,Claims for 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, 3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.4.1.2, 11.4.7, 11.4.8 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 Contractor's Relationship with the Architect Damages for Delay 1.1.2, 1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1, 6.1.1,8.3.3,9.5.1.6,9.7, 10.3.2 33.3,3.10,3.11,3.12,3.16,3.18, 4.1.2,4.1.3,4.2, Date of Commencement of the Work,Definition of 43.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4, 8.1.2 9:5,9.7,9.8,9.9, 10.2.6,10.3,11.3, 11.4.7, 12, Date of Substantial Completion,Definition of all 13.4.2, 13.5 ` 8.1.3 Contractor's;=Representations Day,Definition of 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 8.1.4 Contractor's Responsibility for Those Performing the Decisions of the Architect Work 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, 3:3.2,3.18,4.2.3,4;3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, 10° 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Cc%n tractor '.s Review of Contract Documents Decisions to Withhold Certification ,t'52 3 2, ,3-3 9.4.1,9.5,9.7, 14.1.1.3 ntraotor'st to Stop the Work Defective or Nonconforming Work,Acceptance, j 7h` Rejection and Correction of Co r-i k! to Terminate the Contract 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, 4;�Q 9.9.3,9.10.4,12.2.1, 13.7.1.3 5ubmtttals; Defective Work,Definition of .5.2.1, 7.3.6,9.2,9.3, 3.5.1 5.2.3, 9,s1Q,2;.910.3, 11.1.3, 11.5.2 Definitions 'snt 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, �,20 LA 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1, 9.1,9.8.1 on and Cons £ ''on Delays and Extensions of 15me x a � 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, t ,x.22,4.2.7,4.3.3,6.1.3, 7.4.1,83,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 .6,8.2,10,12;14 Disputes Lability Insurance 4.1.4,4.3,4.4,4.5,4.6,6.3,7.3.8 Documents and Samples-at the Site INS on and d&lation 3.11 '.2,3 ,1,3_o Qr 3 12.6,6.1.3,6.2.1 Drawings,Definition of Co es Furntlled`czAiawings and Specifications 1.1.5 1 2:2.5,3.11 Drawings and Specifications,Use and Ownership of ar = Copyngt}t5 1.1.1, 1.3,2.2.5,3.11,5.3 3 17 Effective Date of Insurance KJi6' trectionofWOrk ' 8.2.2, 11.1.2 2c3,2.4,3.7.4,42.1,9.4.2,9.8.2,9.8.3,9.9_.1, 12.1.2, Emergencies ar 12.2, 13.7.1.3 4.3.5,10.6, 14.1.1.2 Correlation and Intent of the Contract Documents Employees,Contractor's 12 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, ++r Cost;pefinition'of 11.1.1, 11.4.7, 14.1, 14.2.1.1 7.3.6 Equipment,Labor,Materials and Costs 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, 2.4,3.2.3,3.7.4,3.8.2,3.15.2,4.3,5.4.2,6.1.1,6.2.3, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, 7.3.3.3,7.3.6,7.3.7,7.3.8,9.10.2, 10.3.2, 10.5, 11.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 11.4, 12.1, 12.2.1, 12.2.4, 13.5, 14 Execution and Progress of the Work Cutting and Patching esr AIA Document A201>r—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA� Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order ,r No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 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, Insurance,Project Management Protective 3.10,3.12,3.14,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3,7.3.4, Liability 8.2,9.5,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 11.3 Extensions of Time Insurance,Property 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3,7.4.1, 10.2.5,11.4 9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 Insurance,Stored Materials Failure of Payment 9.3.2, 11.4.1.4 4.3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 INSURANCE AND BONDS Faulty Work 11 (See Defective or Nonconforming Work) Insurance Companies,Consent to Partial Occupancy Final Completion and Final Payment 9.9.1, 11.4.1.5 4.2.1,4.2.9,4.3.2,9.8.2,9.10,11.1.2, 11.1.3, 11.4.1, Insurance Companies,Settlement with 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 11.4.10 Financial Arrangements,Owner's Intent of the Contract Documents 2.2.1, 13.2.2, 1.4.1:1,5 1.2.1,4.2.7,4.2.12,4.2.13,7.4 Fire and Extended Coverage Insurance Interest 11.4 13.6 ,GENERAL PROVISIONS Interpretation 1 1.2.3,1.4,4.1.1,4.3.1,5.1,6.1.2, 8.1.4 Governing Law Interpretations,Written 13.1 4.2.11,4.2.12,4.3.6 Guarantees(See Warranty) Joinder and Consolidation of Claims Required Hazardous.Materials 4.6.4 Will 10:2.4,103, 10.­5 Judgment on Final Award Identificatiot_ of-Contract Documents 4.6.6 15:1' Labor and Materials,Equipment Identificarion of S ubcontractors and Suppliers 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, Will 5.2.1 42.6,42.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, ¢., Indemw5cahon 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 = 3 17,31$ .101,lA 3 3,10.5, 11.4.1.2, 11.4.7 Labor Disputes orma o a d Services!Required of the Owner 8.3.1 10,4 2 7,4.3.3,6.1.3, Laws and Regulations «,6.2:x; ,r ; i; ;9.6 4SM 9 9 910:3, 10.3.3, 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, ¢ 1.4 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4,13.5.1, rson Property 135.2, 13.6, 14 Liens o�ns 2.1.2,4.4.8,8.2.2,9.3.3,9.10 3 3� '3 7 1,4.2 2,4 2 6;4 2 Q, 42,9.8.2, Limitation on Consolidation or Joinder 4.6.4 ttons$ Bidders Limitations,Statutes of 4.6.3,12.2.6, 13.7 ,k Instructions 10 the retractor Limitations of Liability 3 4 3;3.3.1,3.8.1,4.2.8,5.21,712,8.2.2, 13.5.2 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.10,3.17,3.18, Insurance 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4, 9.6.7,9.10.4, 3.18.1,6;1.1,7.3.6,8.2.1,9.3.2,9.8.4,9.9.1,9.10.2, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 9:10.5, 11 Limitations of Time Insurance,Boiler and Machinery 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 11.4.2 4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.4,7.3,7.4, Insurance,Contractor's Liability 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, fl.,f 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, Insurance,Effective Date of 13.7, 14 Loss of Use Insurance Insurance,Loss of Use 11.43 11.4.3 Material Suppliers Insurance,Owner's Liability 1.6,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 11.2 Materials,Hazardous 10.2.4, 10.3, 10.5 AIA Document A201 n—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA*Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582 1 which expires on 5110/2005,and is not for resale. User Notes: (3552668520) e■ Materials,Labor,Equipment and 1.6,2.1.1,2.3,2.4,3.4.2,3.8.1,3.12.10,3.14.2,4.1.2, 1.1.3, 1.1.6, 1.6.1,3.4,3.5.1,3.8.2,3.8.23,3.12,3.13, 4.1.3,4.2.4,4.2.9,4.3.6,4.4.7, 5.2.1,5.2.4,5.4.1, 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1, 7.3.6,9.3.2,9.3.3, 6.1,6.3,7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2,9.5.1, 9.5.1.3,9.10.2, 10.2.1, 10.2.4, 14.2.1.2 9.9.1,9.10.2, 10.3.2, 11.1.3, 11.3.1, 11.4.3,11.4.10, Means,Methods,Techniques,Sequences and 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Procedures of Construction Owner's Financial Capability 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 2.2.1, 13.2.2, 14.1.1.5 Mechanic's Lien Owner's Liability Insurance 4.4.8 11.2 Mediation Owner's Loss of Use Insurance 4.4.1,4.4.5,4.4.6,4.4.8,4.5,4.6.1,4.6.2,8.3.1, 10.5 11.4.3 ,o Minor Changes in the Work Owner's Relationship with Subcontractors 1.1.1,3.12.8,4.2.8,4.3.6,7.1,7.4 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 MISCELLANEOUS PROVISIONS Owner's Right to Carry Out the Work 13 2.4,12.2.4.14.2.2.2 Modifications,Definition of Owner's Right to Clean Up 1.1.1 6.3 Modifications to the Contract Owner's Right to Perform Construction and to INS 1.1.1, 1.1.2,3.7.3,3.11,4.1,2,4.2.1,5.2.3,7,8.3.1, Award Separate Contracts 9.7,10.3:2, 11.4.1- 6.1 Mutual Responsibility Owner's Right to Stop the Work 6.2 , 2.3 ":Nonconforming;Work,Acceptance of Owner's Right to Suspend the Work 6,99:3;123.; 14.3 Nonconforming Work,dejection and Correction of Owner's Right to Terminate the Contract 3,2 4,3.5 1,'4.2:6; 2 5,'9 5:1;9.8.2,9.9.3,9.10.4, 14.2 12'2.1, 13 7`1 3 Ownership and Use of Drawings,Specifications YNotice and Other Instruments of Service 2:2.1;23,2.4,3.23:31,3.7.2,3.7.4,3.12.9,4.3, 1.1.1,1.6,2.2.5,3.2.1,3.11.1,3.17.1,4.2.12,5.3 4;4.8,4 6�;`5 21.8;2.2;97,9.10, 10.2.2, 11.1.3, Partial Occupancy or Use 22 4 V 3,"1,3.5.1,13.5.2,14.1, 14.2 9.6.6,9.9,11.4.1.5 IPatching,Cutting and .4,-3. .9,3 12.1p, 4.8,4.6.5, 3.14,6.25 0, 0 1:3,11.4.6, Patents ;�.z 3.17 o ons Payment,Applications for a9t i 5 4.2.5,7.3.8,9.2,93,9.4,9.5.1,9.6.3,9.7.1,9.8.5, 1`Iotice,o� 9.10.1,9.10.3,9.10.5, 11.1.3, 14.2.4, 14.4.3 2° Payment,Certificates for 0 `ermits,Fiii and 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, nst �2 3.7,3.v1 ,7 10,ZL,: 9.10.3, 13.7, 14.1.1.3, 14.2.4 Observations,Cori tor's ' Payment,Failure of 3:4 4.3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 1.5.2o 3.7.3,4. WIN Occupancy Payment,Final 2.2.2,9.6.6;9.8, 11.4:1.5 4.2.1,4.2.9,4.3.2,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, Orders,Written 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 1.1.1,2.3,3.9,4.3.6,7,8.2.2, 11.4.9, 12.1, 12.2, Payment Bond,Performance Bond and INS 13.5.2, 14.3 1 7.3.6.4,9.6.7,9.10.3, 11.4.9,11.5 OWNER Payments,Progress 2 4.3.3,9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3 rrrr Owner,Definition of PAYMENTS AND COMPLETION 2:1 9 Owner,Information and Services Required of the Payments to Subcontractors 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 11.4.8, OWN 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 14.2.1.2 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 PCB Owner's Authority 10.3.1 WIN AIA Document A201"'—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document Is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15A8.04 on 08/18/2004 under order r, No.1000117582 1 which expires on 5/10/2005,and Is not for resale. User Notes: (3552668520) Ila Performance Bond and Payment Bond Review of Contractor's Submittals by Owner and 7.3.6'.4,9.6.7,9.10.3, 11.4.9,11.5 Architect Permits,Fees and Notices 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 2.2.2,3.7 3.13,7.3.6.4, 10.2.2 Review of Shop Drawings,Product Data and PERSONS AND PROPERTY,PROTECTION Samples by Contractor OF 3.12 10 Rights and Remedies 1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6,4.3.4,4.5,4.6,5.3, Polychlorinated Biphenyl 5.4,6.1,6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 10.3.1 12.2.2, 12.2.4,13.4, 14 Product Data,Definition of Royalties,Patents and Copyrights 112.2 3.17 Product Data and Samples,Shop Drawings Rules and Notices for Arbitration 3.11,3.12;4:2.7 4.6.2 Progress And Completion Safety of Persons and Property 42.2,43,31 ;-'83,9.8;'9:9.1, 14:1.4 10.2,10.6 Will Progress Payments' Safety Precautions and Programs 4:3.3,9.3,'9.6,9.8.5k 9.10:3,13.6, 14.2.3 3.3.1,4.2.2,4.2.7,5.3.1,10.1, 10.2, 10.6 Project,Definition of the Samples,Definition of 1.1.4 3.12.3 Will Project Management Protective Liability Samples,Shop Drawings,Product Data and Insurance' 3.11,312,4.2.7 Samples at the Site,Documents and Project Marival,.Definition of the 3.11 Schedule of Values Project, Oils 9.2,93.1 Schedules, Project Re�resentahves 1.4.1.2,3.10,3.Constructionl2.1,3.12.2,4.3.7.2, 4!Ao , = 6.1.3 - Property�nsurance Separate Contracts and Contractors 105, 4; 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1, n v; ROTE lox,t�1 ' RSONS AND PROPERTY 11.4.7, 12.1.2, 12.2.5 Shop Drawings,Definition of ws 3.12.1 13,4.1.1,4.4.8,4.6, Shop Drawings,Product Data and Samples 6 ,9. . _,4, 13.1, 13.4, 13.5.1, 3.11,3.12,42.7 Site,Use of Re3e`ti k 3.13,6.1.1,6.2.1 Site Inspections ° eases an at of Liens 1.2.2,3.2.1,3.3.3,3.7.1,4.2,4.3.4,9.4.2,9.10.1, 13.5 Site Visits,Architect's + Representalofis 4.2.2,4.2.9,4.3.4,9.42,9.5.1,9.9.2,9.10.1, 13.5 1.5.1,3.5.1,3.12.6, 2,8:2'1,9:3.3,9.4.2,9.5.1, Special Inspections and Testing 9.8.2,9101' £ 4.2.6, 12.2.1, 13.5 Representatives Specifications,Definition of the 2.1.1,3.1.1,3 ;411 °4.2.1,4.2.10,5.1.1,5.1.2, 1.1.6 13.2.1 Specifications,The Resolution of Claims and Disputes 1.1.1, 1.1.6, 1.1.7, 1.2.2, 1.6,3.11,3.12.10,3.17 tttt 4.4,4.5,,j#.6', Statute of Limitations Respons>.bility16r Those Performing the Work 4.6.3, 12.2.6, 13.7 3.3.2,3.18,4.2;3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, Stopping the Work 10 2.3,4.3.6,9.7, 10.3, 14.1 Retainage_ Stored Materials 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 6.2.1,9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Review of Contract Documents and Field Subcontractor,Definition of Conditions by Contractor 5.1.1 1.5.2,3.2,3.7.3,3.12.7,6.1.3 SUBCONTRACTORS AIA Document A201*a—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by US.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AIA*Document,or any portion of 0,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/1 0/2005,and is not for resale. User Notes: (3552668520) esi 5 TERMINATION OR SUSPENSION OF THE esr Subcontractors,Work by CONTRACT 1.2.2,33.2,3.12.1,4.23,5.2.3,5.3,5.4,9.3.1.2, 14 9.6.7 Tests and Inspections INS Subcontractual Relations 3.13,333,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 5.3,5.4,9.3.1.2,9.6,9.10 10.2.1,11.4.7,11.4.8,14.1, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5 14.2.1,143.2 TIME Submittals 8 aar 1.6,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2, Time,Delays and Extensions of 9.3,9.8,9.9.1,9.10.2,9.10.3, 11.1.3 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, Subrogation,Waivers of 7.4.1,83,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 6.1.1, 11.4.5,11.4.7 Time Limits a■ Substantial Completion 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4, 6.2.4,7.3,7.4, 9.10.4.2, 12:2, 137 -. 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, ear Substantial Completion,Definition of 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 9.8.1 13.7, 14 Substitution of Subcontractors Time Limits on Claims 5.23,5.2.4 43.2,43.4,4.3.8,4.4,4.5,4.6 er Substitution of Architect Title to Work 4.1.3 93.2,93.3 Substitutions of Materials UNCOVERING AND CORRECTION OF rra 3.4.2,111'.7.3.7 WORK Sub subcontractor;Definition of 12 5;1.2 Uncovering of Work Subsurface Co diti"&ts . 12.1 43,4 H Unforeseen Conditions Successors nd Assigns - 4.3.4,83.1, 10.3 13.2, Unit Prices n, Su ermtenlent 4.3.9,7.3.3.2 Use of Documents a on ores 1.1.1,1.6,2.2.5,3.12.6,5.3 33,E 2,4. ,6.1.3, Use of Site a, 6 , .1,9 , 2, 14 3.13,6.1.1,6.2.1 Values,Schedule of . `103,14.2.2 91,93.1 , ,Copisen 'o Waiver of Claims by the Architect 9 ,91 r � t 13.42 trys Waiver of Claims by the Contractor 4.3.10,9.10.5, 11.4.7, 13.4.2 Rnslon by theA Convenience Waiver of Claims by the Owner 14.4 4.3.10,9.9.3,9.10.3,9.10.4, 11.4.3, 11.4.5, 11.4.7, Si§�° nsion of the Wor 12.2.2.1, 13.4.2, 14.2.4 rr 5.4:2, 14.3. Waiver of Consequential Damages Suspension'or Tenita4tion of the Contract 43.10,14.2.4 4.3.6,5.4.1.1, 1l'Xk"1'A Waiver of Liens Taxes 9.10.2,9.10.4 3.6,3.8.2.1,73.6.4 Waivers of Subrogation Termination by..the Contractor 6.1.1, 11.4.5,11A.7 4.3.10, 14.1 Warranty „a Termination by the Owner for Cause 35,4.2.9,43.53,93.3,9.8A,9.9.1,9.10.4,12.2.2, 4.3:10,5.4.1.1,14.2 13.7.13 Termination of the Architect Weather Delays 4.1.3 4.3.7.2 do Termination of the Contractor Work,Definition of 14.2.2 1.1.3 Written Consent Me AIA Document A201°1-1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AIAe Document,or any portion of 1%may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. r User Notes: (3552668520) 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,4.6.5, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 5.2.1,8.2.2,9.7,9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, Written Interpretations 12.2.2, 12.2.4, 13.3, 14 4:2.11,4.2.12,4.3.6 Written Orders Written Notice 1.1.1,2.3,3.9,4.3.6,7,8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 Mk 11i d _ � IOilf tt7 Will titfl AIA Document A2011"-1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA* Document is protected by U.S.Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 15:08:04 on 08/18/2004 under Order No.1000117582_i which expires on 5/10/2005,and Is not for resale. User Notes: (3552668520) 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(hereinafter the Agreement), OWN Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include other documents such as bidding requirements(advertisement or invitation to bid,Instructions to Bidders,sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements). +r� §1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Architect and Contractor,(2)between the Owner and a Subcontractor or Sub-subcontractor,(3)between the Owner and Architect or(4)between any persons or entities other than the Owner and Contractor.The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 11.'-1.3 THEW, ORK .r The term"Work"jlrieans thg,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 Contractoro tike Contractor's obligations.The Work may constitute the whole or a part of the Project. �3 §I.-i'A T "OR Qa . The Pl+oj�'as the to, construction of which the Work performed under the Contract Documents may be the whole or apart and;vh>e y mcude construction by the Owner or by separate contractors. D $ q§ "�`�' c and pi portions of the Contract Documents showing the design,location and plans,elevations,sections,details,schedules and diagrams. .1. N on of the Contract Documents consisting of the written requirements for materials, .r egln '' s ,standards rorkmanship for the Work,and performance of related services. q� >' WON a jcc anual a volume assembled for the Work which may include the bidding requirements,sample o`e, on ' ions t and Specifications. h §1.2 CORRELATION D 1tF THE CONTRACT DOCUMENTS arr §1 4 The t of the Contract Documents is to include all items necessary for the proper execution and complehop o �ie 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 wih'thb Contract Documents and reasonably inferable from them as being necessary to produce the r indicated results. §1.2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not err+ control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by=any trade. §1.2.3 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. er AIA Document A201 ru—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved WARNING:This AIA!Document is protected by U.S.Copyright Low and international Treaties. 10 Unauthorized reproduction or distribution of this AIAs Document,or any portion of it,may result M severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15.08:04 on 08/18/2004 under Order No.1000117582_t which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §1.3 CAPITALIZATION §1.3.1 Terms capitalized in these General Conditions include those which are(1)specifically defined,(2)the titles of numbered articles or(3)the titles of other documents published by the American Institute of Architects. §1.4 INTERPRETATION §1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as"all"and"any" and articles such as"the"and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. §1.5 EXECUTION OF CONTRACT DOCUMENTS §1.5.1 The Contract Documents shall be signed 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. will §1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, :;become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §1.6 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 retain one record set.Neither the Contractor nor any Subcontractor, SWi4tibcontra6tor or material`or equipment supplier shall own or claim a copyright in the Drawings,Specifications and other documents prepared by the Architect or the Architect's consultants,and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, 4statu[tory and other reserved rights,in addition to the copyrights.All copies of Instruments of Service,except the ot&hctor.s record set,shall be returned or suitably accounted for to the Architect,on request,upon completion of the W 'L The Diawutgs,Specifications and other documents prepared by the Architect and the Architect's co tarts,ands opies thertfurnished to the Contractor,are for use solely with respect to this Project They are 77 U ot tQbe 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 4 � CCha and the Architect's consultants.The Contractor,Subcontractors,Sub-subcontractors and material men M grs are authorized louse and reproduce applicable portions of the Drawings,Specifications and dociimett pared by the hiWd and the Architect's consultants appropriate to and for use in the n� ir�Work under 1 Conti act Documents.All copies made under this authorization shall bear the notice,i f atiy;sho�ain on the Drawings,Specifications and other documents prepared by the ied `'consultants.Submittal or distribution to meet official regulatory requirements or for t0finection 4riitth'0, ts Project is not to be construed as publication in derogation of the Architect's r t s nsultants "copyngh other reserved rights. ER ., E trr §21.1 The weer IS the person or entity identified as such in the Agreement and is referred to throughout the Co act Documents as if s"ingular.in number.The Owner shall designate in writing a representative who shall have tzp s authont r,to bind the'Owner with respect to all matters requiring the Owner's approval or authorization. +rlr Except in Section 4.2.1,the Architect does not have such authority.The term"Owner"means the-0wner'o 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 n nary and relevant for the Contractor to evaluate,give notice of or enforce mechanic's lien rights.Such information S'11. ;mclude a correct statement of the record legal title to the property on which the Project is located, usttalleferred to as the site,and the Owner's interest therein. §2.2I N AND SERVICES REQUIRED OF THE OWNER §21.1 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 AIA Document A201*a—1997.Copyright O 1911,1915,1918,1925,1937 1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA,j Document Is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) _ ............. - . .... ....�...�,_.. a ._.�. , OWN continuation of the Work.After such evidence has been furnished,the Owner shall not materially vary such am financial arrangements without prior notice to the Contractor. §2.2.2 Except for permits and fees,including those required under Section 3.7.1,which are the responsibility of the We Contractor under the Contract Documents,the Owner shall secure and pay for necessary approvals,easements, assessments and charges required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities. §2.2.3 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the N work. §2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness.Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.5 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`RIGHT1ViTOP THE WORK §2.3.1 If thc-Contractor filSo correct Work which is not in accordance with the requirements of the Contract Documents as req�W,,i by Sermon 12.2 or persistently fails to carry out Work in accordance with the Contract Documents,<;the`Ow�nery3ssue a written order to the Contractor to stop the Work,or any portion thereof,until the Old cecausaororda eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on thepartb toexercise this right for the benefit of the Contractor or any other person or entity, except toe ezten Section 6.1.3. <§2A OWNER'S 0 BARRY OUT THE WORK .4: r, or neglects to carry out the Work in accordance with the Contract Documents and of written notice from the Owner to commence and continue correction such 'th d promptness,the Owner may after such seven-day period give the tten t such deficiencies within a three-day period.If the Contractor within uch second notice fails to commence and continue to correct any deficiencies, t? a F O 'cx to other remedies the Owner may have,correct such deficiencies.In such case an elrl;' er deducting from payments then or thereafter due the Contractor the x st f correc' `ncies,including Owner's expenses and compensation for the Architect's 'tt a h default,neglect or failure.Such action by the Owner and amounts ed to Con for are bo subject to prior approval of the Architect.If payments then or thereafter due the ntltactor ire no ver such amounts,the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRAt�T0 rrr 3.1-GENERAL §3.1.1 The as the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents hs if singular in number.The term"Contractor'means the Contractor or the Contractor's ar authorized representative. §3.12 The Contractor shall perform the Work in accordance with the Contract Documents. .ti §,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. `m §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 Work,the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the ear AIA Document A201 T-—1997.Copyright 01911,1915,1918,1925,1937,1951,1959,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American institute of Architects. AN rights reserved. WARNING:This AIA* Document is protected by U.S.Copyright law and International Treaties. 12 Unsuthorlmd reproduction or distribution of this AI0 Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maxknum extent possible under the law. This document was produced by AIA software at 1508.04 on 08M 11/2004 under Order w No.1 00011 7582_1 which expires on 5110/2005,and is not for resale. User Notes: (3552668520) WA Work,as well as the information furnished by the Owner pursuant to Section 2.2.3,shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,any errors,inconsistencies or omissions discovered by the Contractor 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 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 Sections 3.2.1 ao and 3.2.2,1he Contractor shall make Claims as provided in Sections 4.3.6 and 4.3.7.If the Contractor fails to perform the obligations of Sections 3.2.1 and 3.2.2,the Contractor shall pay such costs and damages to the Owner as would-have been avoided if the Contractor had performed such obligations.The Contractor shall not be liable to the Owner or Architect for damages resulting from errors,inconsistencies or omissions in the Contract Documents or for;differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error;inconsistency,omission or difference and knowingly failed to report it to the Architect. §,3 3 SUPERVISION.AND-CONSTRUCTION PROCEDURES §3 31 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The r4 Contractor shall,be-golely:responsible for and have control over construction means,methods,techniques,sequences ,,,,4,#a#roced4res and for coordinating all portions of the Work under the Contract,unless the Contract Documents A 5 g>Vys-otlier specific instructions concerning these matters.If the Contract Documents give specific instructions �= co ernuig construcfion means,methods,techniques,sequences or procedures,the Contractor shall evaluate the � �"K f 1 site safety thereof aad,except as stated below,shall be fully and solely responsible for the jobsite safety of such methods,techniques:sequences or procedures.If the Contractor determines that such means,methods, quzs, �tt�enrx 99 p4q edures, ay-not be safe,the Contractor shall give timely written notice to the Owner rcbi""�s all o proceed Ot t portion of the Work without further written instructions from the :. .M hi�. the Contractor is the cted to proceed with the required means,methods,techniques,sequences or tance'og s proposed by the Contractor,the Owner shall be solely responsible for any g10S5 � 3 .2 Contractor shall 6e responstble to the Owner for acts and omissions of the Contractor's employees, oft rs end, rr age sy 0, loyees,and other persons or entities performing portions of the Work or 4A, of the.Con for or any of its Subcontractors. x Mills §3.3 3 The Gontracgr shall b6'responsible for inspection of portions of Work already performed to determine that sued portions are in propeeeondition to receive subsequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent r nndu whether;or not incorporated or to be incorporated in the Work. §3 .2 The Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect , a� n tecordance with a Change Order. §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 employment of unfit persons or persons not 111111" skilled in tasks assigned to them. AIA Document A201^m—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The 0 American Institute of Architects. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treaties. 13 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 15:08:04 on 08/18/2004 under Order No.1 0001 1 7582-1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) rar §3.5 WARRANTY §3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the Work will be free from defects not inherent in the quality required or permitted,and that the Work will conform to the requirements of the Contract Documents.Work not conforming to these requirements,including substitutions not properly approved and authorized,may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse,modifications not executed by the Contractor,improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect,the WIN Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. §3.6 TAXES §3.6.1 The Contractor shall pay sales,consumer,use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. • §3.7 PERMITS;FEES AND NOTICES §3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit and other permits and governmental fees,licenses and inspections necessary for proper execution and completion of the W_ ork which'are customarily secured after execution of the Contract and which are legally required whenbids are received or negotiations concluded. §3.72 The Contractor shall,comply with and give notices required by laws,ordinances,rules,regulations and lawful orders of public atithorities'applicable to performance of the Work. 4 r-,§3.7.3 ft is not the CRontrAct is responsibility to ascertain that the Contract Documents are in accordance with applicable la building codes,and rules and regulations.However,if the Contractor observes that portions'of the ontract Documents are at variance therewith,the Contractor shall promptly notify the Architect and Owner�n - �ntting,and n�ssary changes shall be accomplished by appropriate Modification. a . 3 7.4 If the Cori for performs Work knowing it to be contrary to laws,statutes,ordinances,building codes,and n uch notice to the Architect and Owner,the Contractor shall assume appropriate _ nsi and bear the costs attributable to correction. F �BALI:, .8 i the Contract Sum all allowances stated in the Contract Documents.Items t, lied for such amounts and by such persons or entities as the Owner may direct, ¢ut Cq not to employ persons or entities to whom the Contractor has reasonable 1 b- 79 Uectiop: 5 ssr ess otherwise ro ' m the Contract Documents: 1 fall ver the cost to the Contractor of materials and equipment delivered at the site and 1311 s applicable trade discounts; 2 Contra Lore.; or unloading and handling at the site,labor,installation costs,overhead,profit and a,. o ex pen.ses contemplated for stated allowance amounts shall be included in the Contract Sum but allowances; .3 costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Ciange Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3,.$.2.2. §3.8.3 Matenais;and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Worlc §3.9 SUPERINTENDENT §3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding as if given to the Contractor.Important asr AIA Docwnent A201 re—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AW Document Is protected by U.S.Copyright Law and International Treaties. 14 Unauthorized reproduction or distribution of this AIA!Document,or any portion of 1%may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08118/2004 under Order .r No.1000117582_t which expires on 5110/2005,and Is not for resale. User Notes: (3552668520) 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 submittals.These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work. Eli §_3.12 SHOP DRAWINGS,PRODUCT DATA AND SAMPLES §3:12.1liop Draynngs 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 theVolc. 3;12.2 Product Data°are illustrations,standard schedules,performance charts,instructions,brochures,diagrams and wry er nnformation hed by the Contractor to illustrate materials or equipment for some portion of the Work. 3 San p]es are ysical exan Ad which illustrate materials,equipment or workmanship and establish . c `the Work"I be judged. IN X12.4 Prduct Data,Samples and similar submittals are not Contract Documents.The purpose of rr st m>ttal is to demonstirate&..hose portions of the Work for which submittals are required by the Contract goeumcnts they way by which the Contractor proposes to conform to the information given and the design concept ie Conitract boc tits.Review by the Architect is subject to the limitations of Section 4.2.7. � � ormahonal submittals upon ch the Architect is not expected to take responsive action may be so identified in +ContracocumetsSlfbmttals which are not required b the Contract Documents may be returned b the k Y Y Y Architect anth iut 640 §3.12 51he ontractor shall"review for compliance with the Contract Documents,approve and submit to the Architect Shop Drawings,Product Data,Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors.-Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. I 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 subIIUttals'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. AIA Document A201*a—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document Is protected by U.S.Copyright Law and International Treaties. 15 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_t which expires on 5/10/2005,and is not for resale. User Notes: (3552666520) arr "" §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 00 in writing of such deviation at the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the Work,or(2)a Change Order or Construction Change Directive has been issued authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples or similar submittals by the Architect's approval thereof. er §312.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, Samples or similar submittals,to revisions other than those requested by the Architect on previous submittals.In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. §3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of 'aa the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means,methods,techniques,sequences and procedures.The Contractor shall not be required to provide professional services in violation of applicable law.If professional design services or certifications,by a design professional related to systems,materials or equipment are specifically required of the Contractor by tie 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 hcen ed."'- professional,whose signature and seal shall appear on all drawings,calculations, •' specifications,cert>ficad9gi Shop Drawings and other submittals prepared by such professional.Shop Drawings and other sub related to the Work designed or certified by such professional,if prepared by others,shall bear such" ° o s tt� ' pproval when submitted to the Architect.The Owner and the Architect shall be entitled rely ,accuracy and completeness of the services,certifications or approvals performed by such design pro essi rovtded the Owner and Architect have specified to the Contractor all performance and design nteria A satisfy.Pursuant to this Section 3.12.10,the Architect will review,approve or take other ap Hate o frn submittals only for the limited purpose of checking for conformance with information er g�tl!�en$npe ncept expressed in the Contract Documents.The Contractor shall not be responsible for the f oc or design criteria required by the Contract Documents. 3 USE " 31 " e r shall one at the site to areas permitted by law,ordinances,permits and the n A ly encumber the site with materials or equipment. §3141° tractor s nsble for cutting,fitting or patching required to complete the Work or to make �p § The n damage or endanger a portion of the Work or fully or partially completed constructio P x to contractors by cutting,patching or otherwise altering such construction,or by excavation.The Con t cut or otherwise alter such construction by the Owner or a separate contractor .r except with wnfn consenf of the Owner and of such separate contractor;such consent shall not be unreasonably withheld. JJhe n actor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's see consent to cuttuig �t'herwise altering the Work. �r §3.15 CLEANING UP"^ §3.15.11T,,he Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused;,b operations under the Contract.At completion of the Work,the Contractor shall remove from and ere about the Pro ect waste materials,rubbish,the Contractor's tools,construction equipment,machinery and surplus materials �� le;'. ..z §3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the cost rr thereof shall be charged to the Contractor. �r AIA Document A20110—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAs Document Is protected by U.S.Copyright Law and International Trestles. 16 Unauthorized reproduction or distribution of this AIA*Document,or any portion of 1%may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15.08A4 on 08/18/2004 under Order r No.l000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §3.16 ACCESS TO WORK §3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. §3.17 ROYALTIES,PATENTS AND COPYRIGHTS 40 §3.17.1 The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof,but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations M are contained in Drawings,Specifications or other documents prepared by the Owner or Architect.However,if the Contractor has reason to believe that the required design,process or product is an infringement of a copyright or a patent,the Contractor shall be responsible for such loss unless such information is promptly furnished to the go Architect. §3.18 INDEMNIFICATION 3A 8.1 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 Section 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 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`tlie Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable, tl regardless-af whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder. Such„obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity which would otherwise exisi'as to a party or person described in this Section 3.18. tfrr §318.2 In claims against apyperson or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subconttactor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,the mdemmfie ttio,,'g lion under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, 06 mensation oz benefits payable by or for the Contractor or a Subcontractor under workers'compensation acts, .,, iiitenefittcs or other a mP y to ee enefit acts. � yy ISTRAT ION T ��.ONTRACT W'r" F [ . S,the person lawfully licensed to practice architecture or an entity lawfully practicing etlh ed as such in?the Agreement and is referred to throughout the Contract Documents as if singular xn ri term"Architect"mennsfhe Architect or the Architect's authorized representative. responsibilities and limitations of authority of the Architect as set forth in the Contract Documents dot be restricted modified or extended without written consent of the Owner,Contractor and Architect. . �v Consent shall tot be titireasohably withheld. §4.1.3 If the employment of the Architect is terminated,the Owner shall employ a new Architect against whom the ft Contractor,,-has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. §4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT ft §42.1 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 Section 12.2.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. §4.2.2 The Architect,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 completed,(2)to endeavor to guard the Owner against defects and AIA Document A201Tu—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. AN rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Low and International Treaties. 17 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) aatt deficiencies in the Work,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 Section 3.3.1. r. §4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. §'4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract ,Documents or when direct communications have been specially authorized,the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract.Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and material suppliers shall be through the Contractor.Communications by and with separate contractors shall be through the Owner. §4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review and certify,the amounts due the Contractor and will issue Certificates for Payment in such amounts. Y� The Architect will have,authority to reject Work that does not conform to the Contract Documents.Whenever Arclu_ usiders it ;necessary or advisable,the Architect will have authority to require inspection or testing of the 0, u► rdanCe wifh Sections 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or INS completed. , vec;neither authority of the Architect nor a decision made in good faith either to exercise or snotixense�h authori give rise to a duty or responsibility of the Architect to the Contractor, Subcontin , { tenal aa" equipment suppliers,their agents or employees,or other persons or entities performing )portionsV Vor1C t�ect iriew an rove or take other appropriate action upon the Contractor's submittals such p D amples,but only for the limited purpose of checking for conformance with "'o expressed in the Contract Documents.The Architect's action will be taken p 'h cause no delay in the Work or in the activities of the Owner,Contractor or k re owing sufficient time in the Architect's professional judgment to permit adequate rr y re 'e 'f"suuch sub ml riot conducted for the purpose of determining the accuracy and completeness of has tities,or for substantiating instructions for installation or performance of ui the responsibility of the Contractor as required by the Contract a Arctect's review of the Contractor's submittals shall not relieve the Contractor of the obligations ecti 3.33y The Architect's review shall not constitute approval of safety precautions or,unless otherwise fi "„ Architect,of any construction means,methods,techniques,sequences or pro�dures.The Architect a pproval of a specific item shall not indicate approval of an assembly of which the item rtr ,,J4s a dompor a §4.2.8 The Architect Will prepare Change Orders and Construction Change Directives,and may authorize minor changes in the=Work as provided in Section 7.4. rrr - §c4.2a9 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 anti N11 uments required by the Contract and assembled by the Contractor,and will issue a final Certificate for P. ntipon compliance with the requirements of the Contract Documents. o cy §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. err AIA Document A2011"-1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The Amsrican institute of Architects. All rights reserved. WARNING:This A10 Document Is protected by U.S.Copyright Law and intematbnal Trestles. 18 Unauthorised reproduction or distribution of this AIAe Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15.08.04 on 08/18/2004 under order rr No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §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 compliance with this Section 4.2,then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. §4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings.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 and will not be liable for results of interpretations or decisions so rendered in good faith. §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 §4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking,as a matter of right,adjustment or interpretation of Contract terms,payment of money,extension of time or other relief with respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.Claims must be initiated by written notice.The responsibility to substantiate Claims shall rest with the party making the Claim. §4.3.2 Time Limits on Claims.Claims by either party must be initiated within 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, ivvhichever isslater.Clamis intist be initiated by written notice to the Architect and the other party. §4.33�Continuing Contract Performance.Pending final resolution of a Claim except as otherwise agreed in writing as provided in&ction Sand 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. � A �§ 4.3.4 Clams for Concealed; r Unknown Conditions.If conditions are encountered at the site which are(1) trface ot16,&h rwrsencealed p sical conditions which differ materially from those indicated in the Contract nts Dr(2) Wh physi id tions of an unusual nature,which differ materially from those ordinarily card` exist and "enerally ifs inherent in construction activities of the character provided for in the pa,n � a tt observing Party shall be given to the other party Promptly before conditions ,. n evCn later than 21 days after first observance of the conditions.The Architect will promptly such conditions `y 'ffer materially and cause an increase or decrease in the Contractor's cost rlr . , f,of tune required for,perfotny part of the Work,will recommend an equitable adjustment in the ontcactutn+or COntctctf t If the Architect determines that the conditions at the site are not materially those rndreated in Contract Documents and that no change in the terms of the Contract is justified, the tchitect shall So Ito a Owner and Contractor in writing,stating the reasons.Claims by either party in opposrhon to such detetmuat� n ust be made within 21 days after the Architect has given notice of the decision.If the conditions encountered aren*terially 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 Section 4.4. §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 l"ierein shall be given before proceeding to execute the Work.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.6. r §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 b the Owner,(6 Owner's suspension or Y � ) p ('n other reasonable grounds,Claim shall be filed in accordance with this Section 4.3. AIA Document A201 rw—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and international Treaties. 19 Unauthorized reproduction or distribution of this Ale Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) .._._. ...,..... .. ........... ...... ... ...... .. - .. ...... ...._. ......_•��..... .........�__�_sn.uw.-.we INS §4.3.7 Claims for Additional Time .r §4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time,written notice as provided herein shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work.In the case of a continuing delay only one Claim is necessary. a §4.3.74 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated and had an adverse effect on the scheduled construction. 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 actor omission of the other party,or of others for whose acts such party is legally AIM responsible,written notice of such injury or damage,whether or not insured,shall be given to the other party within a reasonable time not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other party to investigatelthe matter. NO §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 as Contractor,the applicable unit prices shall be equitably adjusted. §4.3.10 Claims;for Consequential Damages. The Contractor and Owner waive Claims against each other for c6pseque6tial damages arising out of or relating to this Contract.This mutual waiver includes: er "��r damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, Abttstness and reputation,and for loss of management or employee productivity or of the services of 11 �s�Ud es by the Contractor for principal office expenses including the compensation of rsoiutel stationed there,for losses of financin ,business and reputation,and for loss of profit g P P xceptanhclpated profit arising directly from the Work. arc' Thts mutual waiver4s app cable,without limitation,to all consequential damages due to either party's termination 4.Nothing contained in this Section 4.3.10 shall be deemed to preclude an award of r4 °' en applicable,in accordance with the requirements of the Contract Documents. q u` LAIMS 1SPUTES 4.11 ; Deluding those alleging an error or omission by the Architect but excluding lob 0.3 through 10.5,shall be referred initially to the Architect for decision.An initial o M £infect s required as a condition precedent to mediation,arbitration or litigation of all imn the Con- end Owner arising prior to the date final payment is due,unless 30 days have passed re 6 the Architect with no decision having been rendered by the Architect.The itect will not d de disputes between the Contractor and persons or entities other than the Owner. x § §4.41 The `` CW Claims and within ten days of the receipt of the Claim take one or more of the following actions:(1 additional supporting data from the claimant or a response with supporting data from the other.par�ty (2)re�ec�' e Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise,or(5) advise antes that-the Architect is unable to resolve the Claim if the Architect lacks sufficient information to .evaluate�';ments,of the Claim or if the Architect concludes that,in the Architect's sole discretion,it would be inappropriate for tholkchitect to resolve the Claim. NOW §4.4.3 In evaluating Claims,the Architect may,but shall not be obligated to,consult with or seek information from either party,or from persons with special knowledge or expertise who may assist the Architect in rendering a decisiop The Architect may request the Owner to authorize retention of such persons at the Owner's expense. 3 � € k §44.4If the'Aichitect 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 osir 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. srr AIA Document A201 re—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document Is protected by US.Copyright Low and International Treaties. 20 Unauthorized reproduction or distribution of this AIA*Document,or any portion of It,may result In awnre civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_t which expires on 5/10/2005,and is not for resale. "' User Notes: (3552668520) §4.4.5 The Architect will approve or reject Claims by written decision,which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both.The approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration. §4.4.6 When a written decision of the Architect states that(1)the decision is final but subject to mediation and arbitration and(2)a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party malting the demand receives the final written decision,then failure to demand arbitration within said 30 days'period shall result in the Architect's decision becoming final and binding upon the Owner and 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. §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 tilt request the surety's assistance in resolving the controversy. §4.4.8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by mill the Architect,by mediation or by arbitration. §4.5 MEDIATION tft ,§,4.5.1 Any,Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Sections 4.3.10,9.10.4 and 9.10.5 shall,after initial decision by the Architect or 30 days after sub la mission of the Cim to„the Architect,be subject to mediation as a condition precedent to arbitration or the institution of legal orequitable�proceedings by either party. §4.52 The,parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherw=s ,shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration am on currently m effect.Request for mediation shall be filed in writing with the other party to the Contract th�hencan Arbitration Association.The request maybe made concurrently with the filing of a demand � ; itration but,m Ruch even oa shall proceed in advance of arbitration or legal or equitable proceedings, c eyed pending ti for a period of 60 days from the date of filing,unless stayed for a longer metr�t ofhe arties.or ° urt order. 5.3 cI`he;parttes shall share themedtor's fee and any filing fees equally.The mediation shall be held in the place wiere the Pz�ect is located,unless: ` Bier location is mutually agreed upon.Agreements reached in mediation shall Ila enfo le as`settlement a fxi is in any court having jurisdiction thereof. a.. [IT RATION, ftfli §4 6.1 Anylaim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in S,ect>ons`4.3.10,9.10.4 and 9.10.5,shall,after decision by the Architect or 30 days after submissiokof the Claim to the Architect,be subject to arbitration.Prior to arbitration,the parties shall endeavor to Will - resolve disputes by mediation in accordance with the provisions of Section 4.5. §A6.2 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 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 Sections 4.4.6 and 4.6.1 as applicable,and in other cases within a reasonable time after the 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 Section 13.7. AIA Document A201 Tr—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA! Document Is protected by U.S.Copyright Law and International Treaties. 21 Unauthorized reproduction or distribution of this AIA!Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and Is not for resale. User Notes: (3552668520) ers §4.6.4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner,the Architect,the Architect's employees or consultants,except by written consent containing specific reference to the Agreement and signed by the Architect,Owner,Contractor and any other person or entity sought to be joined.No arbitration shall include,by consolidation or joinder or in any err other manner,parties other than the Owner,Contractor,a separate contractor as described in Article 6 and other persons substantially involved in a common question of fact or 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 be included as an original third party or additional third party to an arbitration whose ear interest or responsibility insubstantial.Consent to arbitration involving an additional person or entity 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 15.1 DEFINIMNS all 6.1.1 A,Sulicontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the t Work at 1111161 The tOW0,Su contractor"is referred to throughout the Contract Documents as if singular in ' numberand a Sulicotitrictor or an authorized representative of the Subcontractor.The term"Subcontractor" 4 does n6t, I �a separate�'contractor or subcontractors of a separate contractor. §5�,1Z�Sub subcontractor rs person or entity who has a direct or indirect contract with a Subcontractor to pefform a ork at the site.The term"Sub-subcontractor"is referred to throughout the Contract er z met means as rf s><%gulag=in number and means aSub-subcontractor or an authorized representative of the Sub- ,.♦tor b OTHER CONTRACTS FOR PORTIONS OF THE WORK 1, stated tract Documents or the bidding requirements,the Contractor,as soon as shall furnish in writing to the Owner through the Architect the names of 3 o who are to furnish materials or equipment fabricated to a special design) for each principal f;the Work The Architect will promptly reply to the Contractor in writing }� � 4�stitigg .,or not the .,per Architect,after due investigation,has reasonable objection to any such brty. _ Owner or Architect to reply promptly shall constitute notice of no jection §5.2.2 The Contr �ntract with a proposed person or entity to whom the Owner or Architect has made reasonable and tidy o orlhe Contractor shall not be required to contract with anyone to whom the mar Contractor las made reasonable objection. §52-3 If the;Owner or Architect has reasonable objection to a person or entity proposed by 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 performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change,and an appropriate-Change Order shall be issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract ar Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively In subtriitting names as required. Y §5.24 The Contractor shall not change a Subcontractor,person or entity previously selected if the Owner or OWN 5.2.4 makes reasonable objection to such substitute. ewr AIA Document A201 fm—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Trestles. Unauthorised reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be 22 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order r No.1000117582_1 which expires on 5/10/2005,and Is not for resale. User Notes: (3552668520) §5.3 SUBCONTRACTUAL RELATIONS §5.3.1 By appropriate agreement,written where legally required for validity,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work,which the Contractor,by these Documents, assumes toward the Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the benefit of all rights,remedies and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terns 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 document's available to their respective proposed Sub-subcontractors. §5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS §5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Sec,,, ',toa`14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor mild Contractor in writing;and will .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. z 5.4.2 Upon`such assn en if the Work has been suspended for more than 30 days,the Subcontractor's § ," � P y , compensation shill be equitably adjusted for increases in cost resulting from the suspension. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS §610WNER'S GFHT�TOPERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 61 1 The Q rter' e e nghL perform construction or operations related to the Project with the Owner's own forces;and 1i. p n " is in connection with other portions of the Project or other construction or ons vq smite der :of the Contract identical or substantially similar to these including those coons Y er of subrogation.If the Contractor claims that delay or additional cost is Y.volyed on by the Owner,the Contractor shall make such Claim as provided in Section 4.3. fttl When separate co ed for different portions of the Project or other construction or operations in the srte,tletCrm n �- Contract Documents in each case shall mean the Contractor who executes .", each separate Owner ontractor greement. INA q �y §61.3 The Owners or coordination of the activities of the Owner's own forces and of each separate contractor with the Wok a ntractor,who shall cooperate with them.The Contractor shall participate with other separate contractors an the Owner in reviewing their construction schedules when directed to do so.The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement.The cons l"uction schedules shall then constitute the schedules to be used by the Contractor,separate contractors and the.0 until subsequently revised. §6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces,the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract,including,without excluding others,those stated in Article 3,this Article 6 and Articles 10, 11 and 12. §6.2 MUTUAL RESPONSIBILITY §6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. AIA Document A201 n—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This A10 Document Is protected by U.S.Copyright Law and international Trestles. 23 Unauthorized reproduction or distribution of this AIA*Document,or any portion of It may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5110/2005,and Is not for resale. User Notes: (3552668520) INS go §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 e, 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. esr §6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays,improperly timed activities or defective construction of the Contractor.The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays,improperly ISO timed activities,damage to the Work or defective construction of a separate contractor. §6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. to §6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. §,6.3 OWNER'S RIGHT TO CLEAN UP §6.3.1 If a dispute arises among the Contractor,separate contractors and the Owner as to the responsibility under their respective cogtra cts for4fiaintaining the premises and surrounding area free from waste materials and rubbish, Y� ar the Owner.may el ea["up and the Architect will allocate the cost among those responsible. A"tICLE,7 .G G~ NTOE1NORK 4 Cal, Changes in WWork may be accomplished after execution of the Contract,and without invalidating the Contract,bey,,Ctranger,4Cgnstruction Change Directive or order for a minor change in the Work,subject to the hmitattons sated>a= s Art cle 7 and elsewhere in the Contract Documents. rrrr §71.2 A'Chaaange g hall', based upon agreement among the Owner,Contractor and Architect;a Construction r O wner and Architect and may or may not be agreed to by the or., iii the Work may be issued by the Architect alone. an� u ormed under applicable provisions of the Contract Documents,and the tl ,unless otherwise provided in the Change Order,Construction Change Directive ore- pr.a change t 21 A C>ange is a written instrument prepared by the Architect and signed by the Owner,Contractor and 'se A l itect,stating'. t upon all of the following: 2 the tf adjustment,if any,in the Contract Sum;and w,. 3- ' the extent'of the adjustment,if any,in the Contract Time. §-7.2.2 Methods ttse in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. "' §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 rr Time,or both.The Owner may by Construction Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and Contract Time being adjusted accordingly. §7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. AIA Document A201--1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document Is protected by U.S.Copyright Law and international Trestles. 24 Unauthorized reproduction or distribution of this AIA!Document,or any portion of n.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 15:08:04 on 08/18/2004 under Order rr No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) go §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: to .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 as provided in Section 7.3.6. tslY §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 t1r agreement shall be effective immediately and shall be recorded as a Change Order. §7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,a reasonable allowance for overhead and profit.In such case,and also under Section 7.3.3.3,the Contractor shall keep and present,in such.form as the Architect may prescribe,an itemized accounting together with ,appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3#6 Ball be'hmtted to the following: .1 costso r,including social security,old age and unemployment insurance,fringe benefits r oiled b a ' nent or custom,and workers'Y,$ne m, 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 F:r or 9thers y 41:0 3ipremnm tt for all bonds and insurance,permit fees,and sales,use or similar taxes related to the orkd additional costs of supervision and field office personnel directly attributable to the change. AIJ Are be allowed by the Contractor to the Owner for a deletion or change which results in a n decrease in Contract Sum shall be actual net cost as confirmed by the Architect.When both additions and am credits covering related Worker substitutions are involved in a change,the allowance for overhead and profit shall Abe figured on the`basii of ne(Ur4i-w— if any,with respect to that change. §T.SB Pending final,dete�rminhon of the total cost of a Construction Change Directive to the Owner,amounts not in dispute for such cadges an a Work shall be included in Applications for Payment accompanied by a Change Order indicating the'parties';agreement with part or all of such costs.For any portion of such cost that remains in dispute,the Architect will make an interim determination for purposes of monthly certification for payment for those costs.That determination of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the right of either party to'disagree and assert a claim in accordance with Article 4. §7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. §7.4 MINOR CHANGES IN THE WORK §7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. 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. AIA Document A201 TO—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AW Document Is protected by U.S.Copyright Law and International Treaties. 25 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and Is not for resale. User Notes: t (3552668520) irr '"! ARTICLE 8 TIME §8.1 DEFINITIONS §8.1.1 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in rr the Contract Documents for Substantial Completion of the Work. §8.1.2 The date of commencement of the Work is the date established in the Agreement. §8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. §8.1.4 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. §8.2 PROGRESS AND COMPLETION 64.2.1 Time;limits stated"in;the Contract Documents are of the essence of the Contract.By executing the Agreement do the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner in writing,prematurely we commence operations owthe site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner.The date of commencement of the Work shall not be changed by the effective date of suchinsurance.Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner,the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages,mechanic's liens and Wither secufitr, rests 48.2.3 The Contractor shall�proceed expeditiously with adequate forces and shall achieve Substantial Completion z elr_ a+-thin the Conrad une §8.3 DELAYS AND S10NS OF TIME 8.3.1 If the" atractor eta ed at an time in the commencement or progress of the Work b an act or neglect of � . _ Y Y P gr Y g Owner or orR,an employee of either,or of a separate contractor employed by the Owner,or by '[5 W or b r utes,fire,unusual delay to deliveries,unavoidable casualties or other � beyg 's by delay authorized by the Owner pending mediation and arbitration,or other r c Arc ' es may justify delay,then the Contract Time shall be extended by c as the-Architect may determine. e app r� t 82 Chttm4 a `4"g to time M e made in accordance with applicable provisions of Section 4.3. 8 S 3'Tttis`, on°$ Nude recovery of damages for delay by either party under other provisions of ��`GontracT b6cum tits. ARTICLE 9 4 MPLETION §9.1tONTRACT S +� §9.1.1 The Contract Sum tsstaied in the Agreement and,including authorized adjustments,is the total amount payable by Owner to the Contractor for performance of the Work under the Contract Documents. §'9.2 SCHEDULE OF VALUES r §9.2.1 Before the first Application for Payment,the Contractor shall_submit to the Architect a schedule of values allocated to.various portions of the Work,prepared in such form and supported by such data to substantiate its accuracy as the•Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §9.3 APPLICATIONS FOR PAYMENT §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to ar AIA Document A2011"-1997.Copyright O 1911,1915,1918,1925,1937,1951,1956,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. A0 rights reserved. WARNING:This AIA!Document Is protected by US.Copyright Law and International Treaties. 26 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/1812004 under Order No.1000117582 1 which expires on 5110%2005,and is not for resale. User Notes: (3552668520) payment as the Owner or Architect may require,such as copies of requisitions from Subcontractors and material suppliers,and reflecting retainage if provided for in the Contract Documents. ] §9.3.1.1 As provided in Section 7.3.8,such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. §9.3.1.2 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. §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 made for materials and equipment suitably stored off the site at a location agreed upon in writing.Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the'.Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable insurance,storage and transportation to the site for such materials and equipment stored off the site. §9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall;to the best of the Contractor's knowledge,information and belief,be free and clear of liens,claims, security interests or encumbrances in favor of the Contractor,Subcontractors,material suppliers,or other persons or entities making a'claim by reason of having provided labor,materials and equipment relating to the Work. , s 9 4.CEIZ10 CATESF011 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 Certtficate for Payment,with a copy to the Contractor,for such amount as the Architect determines rs properlY. UP,oranotify the Contractor and Owner in writing of the Architect's reasons for withholding cettifi on in whole or in part as provided in Section 9.5.1. a Certificae;fo $yment will constitute a representation by the Architect to the Owner, se uati6h of Work and the data comprising the Application for Payment,that the Work k int_indicated rind that,to the best of the Architect's knowledge,information and belief,the Y` o accordance with the Contract Documents.The foregoing representations are subject to an pn or or for conformance with the Contract Documents upon Substantial Completion,to results of .dub ` uen :tests and inspections,to'correction of minor deviations from the Contract Documents prior to completion to c�gialftcations expressed`by the Architect.The issuance of a Certificate for Payment will further Mute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance �1f� rtificate for payment will not be a representation that the Architect has(1)made exhaustive or continuous on- site'inspections top, k the quality or quantity of the Work,(2)reviewed construction means,methods,techniques, sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how _,for;What purpose the Contractor has used money previously paid on account of the Contract Sum. §9.5 DECISIONSTO'WITHHOLD CERTIFICATION §9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary ttiri to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made.If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the Contractor and Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised amount,the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor Itr is responsible,including loss resulting from acts and omissions described in Section 3.3.2,because of- .1 defective Work not remedied; AIA Document A201 T"—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The ti American Institute of Architects. All rights reserved. WARNING:This AIA* Document is protected by U.S.Copyright Law and International Treaties. 27 Unauthorized reproduction or distribution of this AIA*Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order N0.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) ear .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; rely .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; "" or .7 persistent failure to carry out the Work in accordance with the Contract Documents. §9.5.2 When the above reasons for withholding certification are removed,certification will be made for amounts previously,withheld §96 PROGRESS PAYMENTS ear §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. r §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, oquire.each Subcoiitractouto make payments to Sub-subcontractors in a similar manner. Y5 4 §9 6 3 The Arc tect will,tim request,furnish to a Subcontractor,if practicable,information regarding percentages of ZAA ea+ eotnplehon of lied for by the Contractor and action taken thereon by the Architect and Owner on account of porttae one by such Subcontractor. §9 6.4 Neither the Clwner nor Architect shall have an obligation to pay or to see to the payment of money to a ear Subcontractor except�asay otherwise be required by law. 6.5 PaymGttt ppliers shall be treated in a manner similar to that provided in Sections 9.6.2,9.6.3 and P ' ` grass payment,or partial or entire use or occupancy of the Project by the s ptance of Work not in accordance with the Contract Documents. atr,. 11A ' Owner with a payment bond in the full penal sum of the Contract Sum, ym1'or Work properly performed by Subcontractors and suppliers shall be held by � en ate Contrac r for those Subcontractors or suppliers who performed Work or furnished materials,or both,under C,60 a K with or,�which payment was made by the Owner.Nothing contained herein shall require money to bed F''account and not commingled with money of the Contractor,shall create any fiduciary liability or to µ>lity on the part of the Contractor for breach of trust or shall entitle any person or entity to as award`)*F gas against the Contractor for breach of the requirements of this provision. §97 FAILU YINENT §9.7.1 If the Achitect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days err 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 arbitratron;`then'the Contractor may,upon seven additional days' written notice to the Owner and Architect,stop the err Work until^payment of the amount owing has been received.The Contract Time shall be extended appropriately and the Contract Suiri shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay and start-up,plus est as provided for in the Contract Documents. err er AIA Document A201 1m—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. Unauthorlmd reproduction or distribution of this AIAe Document,or any portion of It,may result In severe civil and criminal penalties,and will be 28 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order r No.1000117582_i which expires on 5110/2005,and Is not for resale. User Notes: (3552668520) w--------- §9.8 SUBSTANTIAL COMPLETION §9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. §9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. fill §9.8.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete.If the Architect's inspection discloses any item,whether or not included on the Contractor's list,which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor shall,before issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by the Architect.In such case,the Contractor shall then submit a request for another inspection by the Architect to determine-,Substantial Completion. §9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion,shall establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance,and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warrantes'required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated'portion thereof unless otherwise provided in the Certificate of Substantial Completion. § :5 The Certificate of.Substanti al Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate.Upon such acceptance and consent of surety,if any ythe Owner shall make payment of retainage applying to such Work or designated portion thereof.Such payment shallbe adjusted for,'Work that is incomplete or not in accordance with the requirements of the Contract Documents. rrt L4L OCCUPANCYOR USE O� er upy or use an t,completed or partially completed portion of the Work at any stage when � �' 3 ; portiou �, :grated y Sepal: agreement with the Contractor,provided such occupancy or use is consented ` r as r aired under,_ on 11.4.1.5 and authorized b public authorities having jurisdiction over the sy .z :��� - m YP gj or " iccupancy lir may commence whether or not the portion is substantially complete,provided Co r""Ove accepted in writing the responsibilities assigned to each of them for payments, ire o f any,'securi ty maml ce�heat,utilities,damage to the Work and insurance,and have agreed in ywritcaerning the penod fob og " on of the Work and commencement of warranties required by the Contract nts en the Contractor'' asrders a portion substantially complete,the Contractor shall prepare and t a st the Aretntect as'provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use t be..unrcaso pably v t 1114d.The stage of the progress of the Work shall be determined by written agreement between the er:ana Contractor or,if no agreement is reached,by decision of the Architect. §9 1.2 lmmediatalypnor to such partial occupancy or use,the Owner,Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. §9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute"acceptance of Work not complying with the requirements of the Contract Documents. §%10 FINALCOMPLETION AND FINAL PAYMENT §9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of I final Application for Payment,the Architect will promptly make such inspection and,when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on Will 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 AIA Document A201 T"—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AI0 Document Is protected by U.S.Copyright Law and International Treaties. 29 Unauthorized reproduction or distribution of this AIAe Document,or any portion of 1%may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AtA software at 15:08:04 on 08/18/2004 under Order N0.1000117582_I which expires on 5/10/2005,and is not for resale. Mill User Notes: (3552668520) +r. the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further am representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. rtrr §9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the +� Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days'prior written notice has been given to the Owner,(3)a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents,(4)consent of surety,if any,to final payment and(5),if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts,releases and waivers of liens,claims,security interests of tncumbrances'arising out of the Contract,to the extent and in such form as may be designated by the Owner.16 Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to,the Owner-to indemnify the Owner against such lien.If such lien remains unsatisfied after payments are made;the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging-such lien,including all costs and reasonable attorneys' fees. ar §9.10.3 If,aftr�5ubstanhal,Completion of the Work,final completion thereof is materially delayed through no fault of the Contractor orby Issuance of Change Orders affecting final completion,and the Architect so confirms,the Owners hall,upon licatioa by the Contractor and certification by the Architect,and without terminating the ear" Contract,rnakepnt of the balance due for that portion of the Work fully completed and accepted.If the remawtng` alane `,orAWork not`fully completed or corrected is less than retainage stipulated in the Contract 11 merits., if stave been furnished,the written consent of surety to payment of the balance due for that rrr portion o y+co, ted and accepted shall be submitted by the Contractor to the Architect prior to certificaho „fit, uch payment shall be made under terms and conditions governing final payment, except t 9 01 t% , a waiver of claims. 910 4e final payment shall constitute a waiver of Claims by the Owner except those arising from: e urity interests or encumbrances arising out of the Contract and unsettled; ork ly with the requirements of the Contract Documents;or uired by the Contract Documents. .10 the Contractor,a Subcontractor or material supplier shall constitute a o p' ; except those previously made in writing and identified by that payee as unsettled at aM1£ r ratio t. T 0 S AND PROPERTY p` 0 RE C IONS PROGRAMS n risible for initiating,maintaining and supervising all safety precautions and ping_ams in.. : nn ormance of the Contract. 10:2 SAF D PROPERTY §10.21 r shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent or loss to: .1 empoyees 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 �rte,under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub- bcontractors;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. 101x` §10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. sr AIA Document A201*r—1997.Copyright O 1911,1915,1918,192S,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 30 Unauthorized reproduction or distribution of this AIA*Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08.04 on 08/18/2004 under Order mr No.1000117582_1 which expires on 5/10/2005,and Is not for resale. User Notes: (3552668520) §10.2.3 The Contractor shall erect and maintain,as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. §10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. §10.2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3,except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable, and not attributable-to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in addition'to the IContractor's'obligations under Section 3.18. §10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by.the Contractor:in writing to the Owner and Architect. §102.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. §10 HI ZARDOUS MAtkIALS §10'.3!)4f reasonable precauttons will be inadequate to prevent foreseeable bodily injury or death to persons r`esulhng from a>naL al orsubstance,including but not limited to asbestos or polychlorinated biphenyl(PCB), encountered on the`stte by the'Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work m the affected area and report the condition to the Owner and Architect in writing. § 0. a shall.obtain the services of a licensed laboratory to verify the presence or absence of the material ri x substance Contractor�and,in the event such material or substance is found to be present,to verify it hm nuesg' nless otherwise required by the Contract Documents,the Owner shall furnish in . hng' ntrac `rand t�� e names and qualifications of persons or entities who are to perform tests ' �e =°` abseil 'f arch material or substance or who are to perform the task of removal or safe or substance.The Contractor and the Architect will promptly reply to the Owner in i= wrttln g or not e3has reasonable objection to the persons or entities proposed by the Owner.If etthei the. tractor or Archrtecttas an objection to a person or entity proposed by the Owner,the Owner shall to roposeo in teontracor and the Architect have no reasonable objection.When the material or suhstance been rendered harmless.Work in the affected area shall resume upon written agreement of the Owner and Nntractor The abt 'ime shall be extended appropriately and the Contract Sum shall be increased in the amount of tfimii t reasonable additional costs of shut-down,delay and start-up,which adjustments shall be accomplished as provided' Article 7. §10.3 3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,A 10h ect,Architect's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or t death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself)and provided that such damage,loss or expense is not due to the sole negligence of a Illin partyseelangdemnity. §10.4 The Owner shall not be responsible under Section 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. tir AIA Document A201 TY—1997.Copyright m 1911,1915,1918,1925,1937,1951,1956,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and international Trestles. 31 Unauthorised reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 15:08,04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and Is not for resale. User Notes: (3552668520) ;ran §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 Owaer"shall indemnify the Contractor for all cost and expense thereby incurred. 9610:6 EtIAERGENCIES §10.6.1 In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage,injury or loss.Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Section 4.3 and Article 7. r ARTICLE 11 INSURANCE AND BONDS §11.1 CONTRACTOR'S LIABILITY INSURANCE OWN §11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do .business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the'Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: .1 claims under workers'compensation,disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; 2 claims for damages because of bodily injury,occupational sickness or disease,or death of the Contractor's employees; clatms or,,damages because of bodily injury,sickness or disease,or death of any person other than #>e ntractoe imployees; +�+ c for damages insured by usual personal injury liability coverage; claims forges,other than to the Work itself,because of injury to or destruction of tangible ropr ,including loss of use resulting therefrom; claitn $1`o because of bodily injury,death of a person or property damage arising out of esr F� ' �k , o ershtp F or use of a motor vehicle; hotly injury or property damage arising out of completed operations;and elairns, viiig contractual liability insurance applicable to the Contractor's obligations under r' by op%11.1.1 shall be written for not less than limits of liability specified in the arr hichever coverage is greater.Coverages,whether written on an - e b maintained without interruption from date of commencement of the Work 's t an on of any coverage required to be maintained after final payment. +tar of ins table to the Owner shall be filed with the Owner prior to commencement of certificates tuance policies required by this Section 11.1 shall contain a provision that .. not be canceled or allowed to expire until at least 30 days'prior written has n given the Owner.If any of the foregoing insurance coverages are required to remain in force after r d available,an additional certificate evidencing continuation of such coverage shall be suibmi th on for Payment as required by Section 9.10.2.Information concerning reduction of Yerage on acco t freVt f , is or claims paid under the General Aggregate,or both,shall be furnished by ea+ the Con th eason l&'promptness in accordance with the Contractor's information and belief. 111..2 0 INSURANCE x§ §11.2.1 The owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. VON P JE AGEMENT PROTECTIVE LIABILITY INSURANCE o ,the Owner may require the Contractor to purchase and maintain Project Management Protective eat ce from the Contractor's usual sources as primary coverage for the Owner's,Contractor's and ous liability for construction operations under the Contract.Unless otherwise required by the nts,the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage,and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner.The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Sections 11.1.1.2 through 11.1.1.5. ira AIA Document A201*s—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This A10 Document Is protected by U.S.Copyright Law and International Treaties. 32 Unauthorized reproduction or distribution of this A10 Document,or any portion of It,may remit In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AtA software at 15.08.04 on 08/182004 under Order +ran No.1000117582_1 which expires on 5/102005,and is not for resale. User Notes: (3552668520) - - - ..._.,..................••:••--•'- dill §11.3.2 To the extent damages are covered by Project Management Protective Liability insurance,the Owner, 46 Contractor and Architect waive all rights against each other for damages,except such rights as they may have to the proceeds of such insurance.The policy shall provide for such waivers of subrogation by endorsement or otherwise. §11.3.3 The Owner shall 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 Section 11.1. §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 on a replacement cost basis without optional deductibles.Such property insurance shall be maintained,unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance,until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.4 to be covered, whichever is later.This insurance shall include interests of the Owner,the Contractor,Subcontractors and Sub- subcontractors in the Project. §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,yandalism,malicious mischief,collapse,earthquake,flood,windstorm,falsework, testing and startup;temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements,and shall cover reasonable compensation for Architect's and Contractor's services attd exegses required,as a restilt of such insured loss. §11.413 If the Owner does,not intend to purchase such property insurance required by the Contract and with all of the coverages m the,mount described above,the Owner shall so inform the Contractor in writing prior to commencement of the Work.The Contractor may then effect insurance which will protect the interests of the 6ntrictor,Subcontractors and Sub-subcontractors in the Work,and by appropriate Change Order the cost thereof 11 4 be barged tae Owner.If the tractor is damaged by the failure or neglect of the Owner to purchase or y ain°inAurance, ;,described e. `thout so notifying the Contractor in writing,then the Owner shall bear all costs properly attrit C reto. MM _ 3�1he pro iriiirance requires deductibles,the Owner shall pay costs not covered because of such ' e 1 11,4 11 1' s.property insuran a'l1 cover portions of the Work stored off the site,and also portions of the Work § 11.4.1.5 Partial occupancy or use to accordance with Section 9.9 shall not commence until the insurance company or companies providing propert- nsurance have consented to such partial occupancy or use by endorsement or otherwise.The Owner and'the''Contractor shall take reasonable steps to obtain consent of the insurance company or companies,and shall,without mutual written consent,take no action with respect to partial occupancy or use that 'would cause cancellation,lapse or reduction of insurance. §11.4.2 Boiler and Machinery Insurance.The Owner shall purchase and maintain boiler and machinery insurance required by,the Contract Documents or bylaw,which shall specifically cover such insured objects during installation and until final acceptance by the Owner;this insurance shall include interests of the Owner,Contractor, Subcontractors and Sub-subcontractors in the Work,and the Owner and Contractor shall be named insureds. Loss of Use Insurance.The Owner,at the Owner's option,may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused.The Owner waives all rights of action against the Contractor for loss of use of the Owner's property,including consequential losses due to fire or other hazards however caused. AIA Document A201Ta—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document Is protected by U.S.Copyright Law and International Treaties. 33 Unauthorized reproduction or distribution of this AIA!Document,or any portion of 1%may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and Is not for resale. User Notes: (3552668520) .w §11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other 'a' 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. Mar §IIA.5 If during the Project construction period the Owner insures properties,real or 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 Section 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. §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 Section 11.4.Each policy shall contain all generally applicable conditions,definitions,exclusions and endorsements related to this Project.Each policy shall contain a provision that the policy will not be canceled or allowed to expire,and that its limits will not be reduced,until at least 30 days' prior written notice has been-given to the Contractor. §11.4.7 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,S�arate contractors described in Article 6,if any,and any of their subcontractors,sub-subcontractors, agents and,e'cim oyees,fgr'damages caused by fire or other causes of loss to the extent covered by property insurance obtained patsttant Whts Section'11.4 or other property insurance applicable to the Work,except such rights as they + have`to pt `i6ds ofiuch insurance held by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall require of 11ie Atrlutect,Architect's consultants,separate contractors described in Article 6,if any,and the subtxgtrac snbsstrbcontcactors,agents and employees of any of them,by appropriate agreements,written where k legally dity'similar waivers each in favor of other parties enumerated herein.The policies shall �rovie i' subgation by endorsement or otherwise.A waiver of subrogation shall be effective as to a v pers ,i or of even t�houat person or entity would otherwise have a duty of indemnification,contractual or o , , d not a u►surance premium directly or indirectly,and whether or not the person or entity had an +rr resfn property damaged. v 11 0 ceder Owner's property insurance shall be adjusted by the Owner as fiduciary and made �nyable to iiucrary for insureds,as their interests may appear,subject to requirements of any andtafSection 11.4.10.The Contractor shall pay Subcontractors their just shares of ed b the. ntractor,and by appropriate agreements,written where legally required for . � ► tY tractors to make payments to their Sub-subcontractors in similar manner. 11, in wr>ti t`` by a party in interest,the Owner as fiduciary shall,upon occurrence of an insured loss, rfo cur f t'he Owner's duties.The cost of , required bonds shall be char g ed against `A received as duciary. Owner shall deposit in a separate account proceeds so received,which the tri ce with such agreement as the parties in interest may reach,or in accordance with an arbitrati w 4 case the procedure shall be as provided in Section 4.6.If after such loss no other special agreement is and.unless the Owner terminates the Contract for convenience,replacement of damaged a• propertybill�e performed 'y the Contractor after notification of a Change in the Work in accordance with Article OWN §11.410 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 7, on, e,the dispute shall be resolved as provided in Sections 4.5 and 4.6.The Owner as fiduciary shall,in the ' make settlement with insurers in accordance with directions of the arbitrators.If distribution case cif ar�x tt rr pf insurnn by arbitration is required,the arbitrators will direct such distribution. §11.5 PEA CE BOND AND PAYMENT BOND do §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. so AIA Document A201 T'r—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document Is protected by U.S.Copyright Law and International Treaties. 34 Unauthorbred reproduction or distribution of this AIA!Document,or any portion of 1%may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order 100 No.1000117582_I which expires on 5/10/2005,and is not for resat. User Notes: (3552668520) wy §11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK §12.1 UNCOVERING OF WORK §12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents,it must,if required in writing by the Architect,be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. 1 §12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to examine prior to its being covered,the Architect may request to see such Work and it shall be uncovered by the Contractor.If such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall,by appropriate Change Order,be at the Owner's expense.If such Work is not in accordance with the Contract Documents, correction shall beat 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 lift requirements of the Contract Documents,whether discovered before or after Substantial Completion and whether or not fabncatecl installed or completed.Costs of correcting such rejected Work,including additional testing and inspechons,and compensation for the Architect's services and expenses made necessary thereby,shall be at the Contractor's expetiise. b §12.22 AFTER SUBSTAIWL COMPLETION §122.2.1 In'ad tton to the n$actor's obligations under Section 3.5,if,within one year after the date of Substantial Copnpletton o ork or designated portion thereof or after the date for commencement of warranties estabhshed.tmder Section 9;9:1,or by teens of an applicable special warranty required by the Contract Documents, any of the'Work><s found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correCt;<t�romptly receipt of written notice from the Owner to do so unless the Owner has previously } given tlie,jr ntt Clio ` "`' n acre �pf such condition.The Owner shall give such notice promptly after -3 +, tltscovery�D�f o I -year period for correction of Work,if the Owner fails to notify the . . ontracto ve Contr r portunity to make the correction,the Owner waives the rights to require N. a} co "o r a claim for breach of warranty.If the Contractor fails to correct �gotico o reasonable time during that period after receipt of notice from the Owner or Arch tec Ah�e wher may c i{`ttt,accordance with Section 2.4. vu­ 12.2.2 m 2 ife-ye �, erection of Work shall be extended with respect to portions of Work first perfor after Substantial Completion by the period of time between Substantial Completion and the actual performancf thffr tt1 §12.2.2.3 The e-year od"for correction of Work shall not be extended by corrective Work performed by the T& Contractor:purstrant to this'Section 12.2. §12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the'Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.,4 The,Contractor shall bear the cost of correcting destroyed or damaged construction,whether completed or partiay completed,of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not iln^accordance with the requirements of the Contract Documents. §12.2 5 No#Qu'contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents.Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract AIA Document A201^r—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. 35 Unauthorized reproduction or distribution of this Al a Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08118/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 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. Mar 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. F§ 3.2 SUCCESSORS AND ASSIGNS § I3.21 The fJwner and Contractor respectively bind themselves,their partners,successors,assigns and legal representatives to the other party hereto and to partners,successors,assigns and legal representatives of such other party"in respect to covenants;agreements and obligations contained in the Contract Documents.Except as provided in Section 13.2.2,neither party to the Contract shall assign the Contract as a whole without written consent of the other eifher party attempts to make such an assignment without such consent,that party shall nevertheless remain legally respotislble for all;obligations under the Contract. §13.2 vvneranay,without consent of the Contractor,assign the Contract to an institutional lender providing 3 for Qjrcject.In such event,the lender shall assume the Owner's rights and obligations er tie ntract` uments'-The Contractor shall execute all consents reasonably required to facilitate such i nt~ nonce shake deemed to have been duly served if delivered in person to the individual or a member ' n; to afficer of the corporation for which it was intended,or if delivered at or sent by to r mall to the last business address known to the party giving notice. s 1 ons u>upoi b the Contract Documents and rights and remedies available thereunder Itrr a a and not a� �' _jr n of duties,obligations,rights and remedies otherwise imposed or available lrtl . t failure to act by the Owner,Architect or Contractor shall constitute a waiver of aright or duty � . der the 41 toy Shall such action or failure to act constitute approval of or acquiescence in a ON t specifically agreed in writing. ST D S §13.5.1 T approvals of portions of the Work required by the Contract Documents or by laws, o ces,rules,re ttons`or orders of public authorities having jurisdiction shall be made at an appropriate time. rr, ess o �',provtded,the Contractor shall make arrangements for such tests,inspections and approvals with an "' ndepe boratory or entity acceptable to the Owner,or with the appropriate public authority,and shall l ar all re gpsts' f tests,inspections and approvals.The Contractor shall give the Architect timely notice of w$en and w testsand inspections are to be made so that the Architect may be present for such procedures.The Owner shall bear costs of tests,inspections or approvals which do not become requirements until after bids are ot�iations concluded. § .2 test,Owner or public authorities having jurisdiction determine that portions of the Work require tt" `inspection or approval not included under Section 13.5.1,the Architect will,upon written u rte- pi the Owner,instruct the Contractor to make arrangements for such additional testing,inspection or approval by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures.Such costs,except as provided in Section 13.5.3,shall be at the Owner's expense. rr AIA Document A201 n`—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 36 Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 15:08:04 on 08/18/2W4 under Order t. No.1000117582_1 which expires on 5/10/2005,and Is not for resale. User Notes: (3552668520) §13.5.3 If such procedures for testing,inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be the Contractor's expense. lull §13.5.4,Required certificates of testing,inspection or approval shall,unless otherwise required by the Contract Documents,be secured by the Contractor and promptly delivered to the Architect. §13.5.5 If the Architect is to observe tests,inspections or approvals required by the Contract Documents,the 1 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 to the relevant date of Substantial Completion,any applicable statute of limitations shall commence to run and any alleged Ilflr cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; :2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance°of the final Certificate for Payment;and N :3 After, wal Certificate for Payment. As to acts or failures to act occurring after the relevant date of ssuan f file final Certificate for Payment,any applicable statute of limitations shall commence to �x x y`allegeti��atisef action shall be deemed to have accrued in any and all events not later ban date of aot r failure to act by the Contractor pursuant to any Warranty provided under t " � �� " i6,the m of any correction of the Work or failure to correct the Work by the Contractor X tia 12 2,or the date of actual commission of any other act or failure to perform any duty or � oblig ation by �-b tdtractor or Owner,whichever occurs last. �.. �ARTICIE�1, 'TERMI 1V ION $ NSION OF THE CONTRACT & § 14.1 TER ATION THE RACTOR 14:1 1 The CContractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or a Contractor or a Subcontractor,Sub-subcontractor or their agents or employees or any other" ..persons or entitis 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; t .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or .4 the Owner has failed to furnish to the Contractor promptly,upon the Contractor's request,reasonable evidence as required by Section 2.2.1. §14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,repeated suspensions,delays or interruptions of the entire Work AIA Document A201 ti—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 37 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 15.08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and Is not for resale. User Notes: (3552668520) rr by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of go days scheduled for completion,or 120 days in any 365-day period,whichever is less. §14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials,equipment,tools,and construction equipment and machinery, including reasonable overhead,profit and damages. ' §,14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may,upon seven additional days' written notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14:1.3. §14.2 TERMINATION BYTHE OWNER FOR CAUSE §14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make;payment to Subcontractors for materials or labor in accordance with the respective ',agreements between the Contractor and the Subcontractors; .3 persistenlily disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdichon,or .4- otherwise is guty of substantial breach of a provision of the Contract Documents. r 01422 n any of bove reasons exist,the Owner,upon certification by the Architect that sufficient cause .° C Lusts td JuWfy such n,may without prejudice to any other rights or remedies of the Owner and after giving the e.Contrac of Jthe`Conhactof,g surety,if any,seven days'written notice,terminate employment of the Contractor and may, uject to'aa ur rights of the surety: INS fttakeoxsession of the site and of all materials,equipment,tools,and construction equipment and g mac ' eon owned by the Contractor, "tea, Y, ent o ubcoptracts pursuant to Section 5.4;and r ork by' ` !er reasonable method the Owner may deem expedient Upon request of the n , the t]1 furnish to the Contractor a detailed accounting of the costs incurred by j mfi a Work. wr § was tes the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not titled to receive `" a`` nf until the Work is finished. a*- 4 unpaialance of the Contract Sum exceeds costs of finishing the Work,including compensation for %s se x nses made necessary thereby,and other damages incurred by the Owner and not expressly waived,'' cs�liall be paid to the Contractor.If such costs and damages exceed the unpaid balance, the Contractor shall pa difference to the Owner.The amount to be paid to the Contractor or Owner,as the case W may ybe,asliall lie certified b}►'tle Architect,upon application,and this obligation for payment shall survive 'te�[minati�ri;��ie�o�,tract. r §14.3 SUSPENSION BYTHE 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 �n part for such period of time as the Owner may determine. tract Sum and Contract Time shall be adjusted for increases in the cost and time caused by DME ans n, a or interruption as described in Section 14.3.1.Adjustment of the Contract Sum shall include o� ent shall be made to the extent: .1 that performance is,was or would have been so suspended,delayed or interrupted by another cause for which the Contractor is responsible;or .2 that an equitable adjustment is made or denied under another provision of the Contract. wr AIA Document A201*a—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Mlle Document is protected by U.S.Copyright Law and International Treaties. 38 Unauthorized reproduction or distribution of this AIO Document,or any portion of It may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15,08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §14.4 TERMINATION BY THE OWNER FOR CONVENIENCE §14.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause. §14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience,the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary,or that the Owner may direct,for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice,terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. §14.4.3 In case of such termination for the Owner's convenience,the Contractor shall be entitled to receive payment for Work executed,and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. trrYi rill x- FM� 1. Z �kx 7s � gyd � w i� ALA Document A201 n—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties. 39 Unauthorized reproduction or distribution of this AIA• Document,or any portion of 14 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) +rr SECTION 00800-SPECIAL CONDITIONS ARTICLE 1 -COMPLIANCE WITH WAGE RATES AND FILING OF "INTENT TO PAY PREVAILING WAGES" HEREINAFTER CALLED "INTENT" AND "AFFIDAVIT OF WAGES PAID" 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 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. 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. HVAC REPLACEMENT FIRE STATION 11 00800 SPECIAL CONDITIONS ar SECTION 00800-SPECIAL CONDITIONS ARTICLE 3- NON-DISCRIMINATION The Contractor shall offer equal opportunity to all qualified employees and applicants for employment ft 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. to 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. to END OF SECTION .r r ow HVAC REPLACEMENT RRE STATION 11 00800 SPECIAL CONDITIONS i - ........... ... . . - - - aw SECTION 00900-FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE FORM .. CITY OF RENTON aw AFFIDAVIT OF COMPLIANCE aw herby confirms and declares that: 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. r H. 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 err �r (Successful contractor shatl submit this signed form with signed contract) r arr - irr 00900-1 HVAC REPLACEMENT FIRE STATION 11 FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE FORM w SECTION 00910-BOND TO THE CITY OF RENTON FORM KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned as principal,and e 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. 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 May,2005. Nevertheless,the conditions of the above obligation are such that: WHEREAS,under and pursuant to Public Works Construction Contract CAG- providing for construction Of Project Name 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 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. Principal Surety Signature Surety's Address Name and Title Agent's Signature Name and Title 00910-1 HVAC REPLACEMENT FIRE STATION 11 BOND TO THE CITY OF RENTON FORM --- ------------ --=-=_ ,. ....... aw SECTION 00920—CONTRACTORS INSURANCE AND RELATED REQUIREMENTS .. MINIMUM INSURANCE COVERAGE AND REQUIREMENTS as 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 assessed r. 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 coverage. (1) Commercial General Liability-Acord Form or equivalent, written on an occurrence basis, including: ■ Premises and Operations(Including CG 2503 general aggregate to apply per project if applicable) ■ Explosion, Collapse and Underground Hazards ■ 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 ■ PersonaVAdvertising Injury ■ Stop Gap Liability (2) Automobile Liability including all ■ Owned Vehicles ■ Non-Owned Vehicles. ■ Hired Vehicles ow (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. aw 00920 HVAC REPLACEMENT FIRE STATION 11 INSURANCE REQUIREMENTS SECTION 00920—CONTRACTORS INSURANCE AND RELATED REQUIREMENTS CONTRACTORS INSURANCE REQUIREMENTS The CONTRACTOR shall carry the following limits of liability as required below: wi 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 4' General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 Pollution Liability',If re,,YiFed) Per-Lens $ 4;000;000 sir Aggregate $ 1-000,0w 00920 HVAC REPLACEMENT FIRE STATION 11 INSURANCE REQUIREMENTS w SECTION 00920—CONTRACTORS INSURANCE AND RELATED 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. 1W An example of an acceptable cancellation clause is as follows: "Should any of the above described policies be canceled before the expiration date thereof,the 10 issuing company will endeaveFte mail 45 days written notice to the certificate holder named to the left.ft #a"ur-e to mail SUGh A0tiGe rhall impose ne obligation OF!'ability el any kind UPGA thO GOMpany, its agents 9 representatives-! The CONTRACTOR shall promptly advise the CITY OF RENTON in the event any general aggregate or r' 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. On all Certificates of Insurance,the Certificate Holder shall be listed as"City of Renton, Washington, Attention: Greg Stroh Facilities Manager" aw VW 00920 aw HVAC REPLACEMENT FIRE STATION 11 INSURANCE REQUIREMENTS rl �r �i w GENERAL REQUIREMENTS DIVISION I SECTION 01010-SUMMARY OF WORK .. PART 1 -GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS aw A. Work of this Contract includes Removal and Replacement of 5 existing HVAC split systems with roof mounted condenser units(sizes designated in the technical section of the Invitation to Bid)taking into consideration all pertinent codes and requirements, the aforementioned units incorporate AC coils in existing AHU/Furnace units. Work shall include a manufacturer and contractor's warranty for the work required by the contract 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 ow necessary to provide a complete 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 building, 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 the Project Manager(Greg Stroh)any objection in writing no later than seven (7)days prior to Bid Date. Submittal of Bid constitutes acceptance of products and procedures specified. END OF SECTION .. 01010.1 HVAC REPLACEMENT FIRE STATION 11 SUMMARY OF WORK SECTION 01028-CHANGE ORDERS PART 1 -GENERAL 1.01 SUBMITTALS A. Change Order Forms: AIA G701 to be completed by City's Representative. 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 to 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. f6 B. On request, provide additional data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 06 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. at 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, 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. 40 1.03 CHANGE PROCEDURES to A. The City's Representative 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 City's Representative,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 ROOF REPLACEMENT MUSEUM CHANGE ORDERS 06 .rr 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 a to .. Aw 40 01028.2 aw HVAC REPLACEMENT FIRE STATION 11 CHANGE ORDERS SECTION 01500-CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS PART 1 -GENERAL 1.01 ELECTRICAL SERVICE r A. Arrangements may be made to obtain electrical power from the existing building system. City will pay for cost of electricity. 1.02 WATER A. Arrangements may be made to obtain water from the existing building system. 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, building,and adjacent properties from damage by operations. B. Fended 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 may utilize the asphalt parking area along the South side of the building and the apron to the North for staging, access to the roof, and storage of equipment. B. Protect the existing building from any marring, scrapes, holes,or damage of any kind. Any damage due to the contractors work shall be replaced by the contractor. C. Provide for periodic removal of dumpster contents. 01500-1 HVAC REPLACEMENT FIRE STATION 11 CONSTRUCTION FACILITIES,UTILITIES AND TEMPORARY CONTROLS ( wr MW 1.07 POLLUTION CONTROL ,w 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 o. 4W Orr dw w. go 01500.2 HVAC REPLACEMENT FIRE STATION 11 CONSTRUCTION FACILITIES,UTILITIES AND TEMPORARY CONTROLS «.w Section 15780 General Specifications and Technical Data of Packaged HVAC Units PART 1-GENERAL 1.1 WORK INCLUDED A. Work Includes, but is not limited to, providing packaged air-to-air heat pumps,fan coil units, air-cooled condensing units. • Provide all labor,materials and applicable permits to achieve the following project scope: Procure and install five(5)new split heat and air conditioning systems. Removal of 5 existing systems(furnaces,piping,condenser units)described below: 1.Basement System:Lennox Furnace 16.6KW(Model E11 Q3-751-37)and Lennox 3Ton Rooftop Condenser Unit(Model H510-411 V5A) 2.Admin Offices:Lennox Furnace 24.8 KW(Model E11 05-1123-3L)and Lennox 5Ton Rooftop Condenser Unit(Model H59-653Y) 3.Dormitory Unit:Lennox Furnace 30 KW(Model E11Q5-751-1 P)and Lennox 5Ton Rooftop Condenser Unit(Model H59-653Y) 4.Kitchen Unit:Lennox Furnace 30 KW(Model El 1 Q5-1123-3L)and Lennox 5Ton Rooftop Condenser Unit(Model H59-653Y) 5.Front Office Unit:Lennox Furnace 8.5 KW(Model E11Q2-371-3P)and Lennox 2.5Ton Rooftop Condenser Unit(Model H510-311V6P) Install five(5)Trane(or equal)split-system heat pumps,hydronic piping,and compressors to provide HVAC environmental equipment for the dormitories, kitchen,front office,back office,and lower rooms. Provide all control wiring, electrical power wiring,any duct modifications or additions,and hydronic reconnection to achieve the scope of this component. B. Contract Requirements: The General Conditions,the Supplementary Conditions, and Division 1 apply to work in this Section. 1.2 QUALITY ASSURANCE ` A. Regulatory Requirements: 1. Comply with all applicable city,county,and state codes and ordinances. In case of conflict with drawings or specifications,the codes and ordinances govern. 2. Basis: a. Uniform Building Code b. Uniform Plumbing Code c. Uniform Mechanical Code d. NFPA-90A r 15780 16 _ u +rr Section 15780 General Specifications and Technical Data of Packaged HVAC Units 1.3 SUBMITTALS A. General: Submit in accordance with Division 1 and the following. aw B. Product Data: 1. Air-to-Air Heat Pump Units 2. Fan Coil Units �. 3. Air-cooled Condensing Units 1.4 SEQUENCING/SCHEDULING A. Phase in properly with the city's representative reviewing/accepted Construction Schedule. 1W 1.5 ALTERNATIVES A. See Bid Form and Alternatives for possible effect on work of this Section. PART 2—PRODUCTS 2.1 GENERAL r A. Comply with"Quality Assurance"provisions,specifications,and Manufacturer's Data. Where these may be in conflict,the more stringent requirements govern. 2.2 ACCEPTABLE MANUFACTURERS A. Listed manufacturers with products equivalent to specific product indicated (if any) are acceptable;the city's representative is sole judge of equivalency. aw B. Non-listed manufacturers may be considered by the city's representative if substitution request is received in accordance with Section 15010. 2.3 AIR-TO-AIR HEAT PUMP UNIT(HPU) A. General: Provide a one-piece, air-to-air electric heat pump designed to function as a year round air conditioning system; UL listed,completely assembled and tested with refrigerant charge,designed for curb mount with retum/outdoor air filters,size as scheduled on drawings. B. Manufacturer:Trane WCD Series or Carrier equivalent C. Ratings: Provide in accordance with ARI Standard 240 for air-to-air heat pumps and the Washington State Energy Code. a. 15780 Section 15780 General Specifications and Technical Data of Packaged HVAC Units D. Compressors: Serviceable semi-hermetic or welded fully hermetic with crankcase heaters and vibration isolators;tested and designed in unit to operate to—20 degrees F outdoor air temperature on heating cycle without shutting off;capable of operating to 45 degrees F outdoor air temperature on cooling cycle; 5 year warranty. E. Coils: Non-ferrous construction with aluminum plate fins mechanically bonded to seamless copper tubes with all joints brazed. F. Fans And Motors: Provide indoor fan of forward curved,centrifugal, direct drive type. Provide indoor motor with permanently lubricated bearings. Provide propeller type outdoor fans with direct-driven permanently lubricated motors and upward discharge. G. Unit Cabinet: Galvanized steel, bonded and coated with a baked enamel finish; cabinet interior insulated with 1 inch thick neoprene coated fiberglass; cabinet panels easily removable for service to all operating components; provide condensate drain for the indoor coil. H. Controls: Protect the cooling/heating system with high pressure stat, loss-of- charge protection, indoor coil freeze stats,and current and temperature sensitive overload devices;wire each of these devices through a circuit to prevent compressor restart until reset at the thermostat. Provide energization of a malfunction light at the thermostat if any of the safety controls trip out the compressor through the lockout circuit. Provide 2-stage compressor heat and ,r cool with built-in electric strip heat lockout to prevent resistance heat operation above 40 degrees F ambient. I. Defrost-Control: Provide an outdoor coil defrost control system to prevent frost accumulation during heating cycle; provide defrost cycle function on the basis of time and coil temperature. Provide a 90 minute timer to actuate defrost mode only if coil temperature is low enough to indicate a heavy frost condition. Provide defrost with a positive termination time of a maximum of 10 minutes or when the defrost thermostat is satisfied to prevent prolonged operation on defrost cycle. Electric resistance heaters shall be operational automatically during the defrost cycle. fa J. Unit Electrical Connections: Provide single-point power connection to terminal block; provide cabinet with suitable openings for routing of all utility connections. Provide a terminal strip in the control compartment to allow for terminal-to-terminal connection of room thermostat and field-installed accessories. K. Roof Curb: Provide manufactured down flow curb as indicated. Including an insulated panel under compressor section to prevent condensation forming on the bottom;dimensions to allow for easy duct location and connection to roof curb prior to unit replacement;minimum 14-inch high to allow for proper defrost melt age runoff. Curb design shall comply with National Roofing Contractors Association requirements. +rr 15780 .ir Section 15780 General Specifications and Technical Data of Packaged HVAC Units L. Electric Resistance Heaters: Open wire nichrome elements with safety and operating controls including primary over temperature and over current protection. Provide unit with single power entry with terminal blocks. M. Emergency Heat Control: Provide emergency heat controls including emergency heat relays and outdoor thermostats to allow for manual bypass of compressor and outdoor thermostats if compressor becomes inoperative, or for service. aw Provide outdoor thermostats for staging of electric resistance heat according to outdoor temperature,wired into the electric heater contactors and provided with an adjustable set point to provide economical resistance heat staging. Provide No energization of warning light at space thermostat. N. Compressor Cycling Protection: Provide circuit to prevent compressor short im cycling as a result of a rapid change in thermostat setting; also,to automatically prevent compressor restart at least 5 minutes after shutdown. N. 0. Economizer—Down flow: Provide fully modulating 0-100 percent, motor and dampers,barometric relief, minimum position setting, preset linkage,wiring harness with plug, fixed dry bulb. r P. Temperature Controls: Provide unit manufacturer's electronic, microprocessor based control system including electronic programmable zone sensor with "" following capabilities: 7-day time clock with four separate temperatures per day, automatic switching from heating to cooling,economizer cycle, set point override, and adjustable check filter intervals indicator. VW 2.4 AIR-COOLED CONDENSING UNIT(ACU) me A. Description: Provide matched packaged equipment by the same manufacturer, ARI Standard 210 and UL listed,factory-tested, pre-charged, pre-wired,and go ready-to-operate, size as scheduled on drawings. B. Acceptable Manufacturers:Trane Series TTR or Carrier equivalent. ow C. Unit Dimensions: Suitable for space provided;coordinate proper access to all components requiring inspection or service with space available. im D. Compressor: Welded or serviceable hermetic compressor with suitable vibration - isolators and crankcase heater. Provide 5 year warranty. No E. Coils: Non-ferrous construction with aluminum plate fins mechanically bonded to seamless copper tubing;galvanized steel casing. aw F. Condenser Fans: Propeller-type with direct drive permanently lubricated motors, upward discharge. aw am 15780 Section 15780 General Specifications and Technical Data of Packaged HVAC Units G. Condensing Unit Cabinet: Zinc surface alloyed steel, bonded and painted with a so modified baked alkyd enamel; insulated to muffle sound. H. Condensing Unit Electrical: Provide unit control box pre-wired to operate on power supply as indicated; power supply terminal board(s)suitable for copper wires;electrical components integrally protected by group fuses of circuit breakers; control circuit 24 volts or 115 volts, independently protected by fuses or a circuit breaker,with separate terminal board;timer circuit for the compressor motor to prohibit restarting of compressor motor more than once every 5 minutes; compressor protection devices including high and low pressure switches and inherent protection. Include factory quick start kit for starting unit at lower than rated voltage. I. Refrigerant System: Provide a complete refrigerant operating charge, and include a filter drier, sight glass and moisture indicator,thermal expansion valve, compressor discharge muffler,and a eutectic-filled fusible plug to protect the system from excessive pressures. Provide liquid and suction line service valves with stub tubes for brazed connections. 2.5 FAN COIL UNIT(FCU) r A. Description: Provide factory assembled UL Listed fan coil unit including coil, condensing drain pan,fan,motor,filters and controls in an insulated casing for horizontal mounting,size as scheduled on drawings. irr B. Acceptable Manufacturers: Trane Series TWE or Carrier equivalent. C. Casing: Sheet metal with steel frame,painted with enamel,finished, insulated. D. Refrigerant Circuits: Single circuit controlled by factory installed thermal expansion valve. E. Coil: Aluminum fins mechanically bonded to copper tubing,factory pressure and leak tested. F. Fan: Forward curved,dynamically and statically balanced with multi-speed direct drive motor with bearings permanently lubricated. G. Controls: Low voltage terminal board,fan contactor and check valves. H. Filter. 2-inch thick filters and rack. I. Temperature Controls: Provide unit manufacturer's programmable electronic, microprocessor based thermostat with the following capabilities: 7-day time clock with four separate temperatures per day,fan On-Auto operation, and set point override. ON 15780 to ----------- +.r Section 15780 General Specifications and Technical Data of Packaged HVAC Units Part 3—Execution 3.1 INSPECTION A. Verify installation conditions as satisfactory to receive work of this Section. Do not ow install until and unsatisfactory conditions are corrected. Beginning work constitutes acceptance of conditions as satisfactory. r. 3.2 PREPARATION A. Field Measurements: Field verify locations of new and existing work prior to commencing work of this Section. B. Protect surrounding areas and surfaces to preclude damage from work of this �.. Section. 3.3 INSTALLATION,APPLICATION, ERECTION AND PERFORMANCE A. Install,apply,erect, and perform the work in accordance with"Quality Assurance" provisions, Specifications,and Manufacturer's installation instructions and directions. Where these may be in conflict,the more stringent requirements govern. B. Coordinate required electrical and control installation work with Division 16 and Section 15950. END OF SECTION 15780 aw to d. we 4. .. 15780 SECTION 01700-PROJECT CLOSEOUT PART 1 -GENERAL 1.01 SUBMISSIONS FOR FINAL COMPLETION 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 City Representative'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 City's Representative. 8. Payment and Release of Liens B. Inspection Procedures: Upon receipt of Contractor's request,City's Representative will either proceed with inspection or advise Contractor of prerequisites not fulfilled. Following initial inspection,City's Representative will either prepare certificate of Final Completion,or advise Contractor of work which must be performed prior to issuance of certificate;and repeat inspection when requested and assured that work has been substantially completed. Results of completed inspection will form initial .r "punch list"for final acceptance. 1.02 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to City's Representative. B. Reflect all adjustments to Contract Sum. Indicate following: 1. The original Contract Sum. to 2. Additions and deductions resulting from: a. Previous Change Orders. b. Deductions of uncorrected Work. C. Other adjustments. 01700-1 HVAC REPLACEMENT FIRE STATION 11 PROJECT CLOSEOUT 10 .r 3. Total Contract Sum,as adjusted. 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 a" END OF SECTION go do 01700-2 HVAC REPLACEMENT FIRE STATION 11 PROJECT CLOSEOUT err �m SITEWORK DIVISION I .w SECTION 02070-SELECTIVE DEMOLITION PART 1 - GENERAL 1.01 SECTION INCLUDES .. A Remove existing Lennox Heating/Air Handier Units B Remove existing Lennox roof-top condenser units and piping not applicable to new equipment. 1.02 RELATED SECTIONS A. Coordinate related work specified in other parts of the Project Manual, including but not limited to following: 1.03 QUALITY ASSURANCE .r A. Special Requirements of Regulatory Agencies: 1. Comply with all governing requirements and regulations regarding dust,dirt tracking, noise, routing of trucks and similar regulations. 1.04 SALVAGE STORAGE,TRANSPORTATION,AND HANDLING A. Truck all debris from the demolition work off the project site to a location approved by the State and Federal agencies which have jurisdiction. The demolition contractor shall utilize •� an agency approved dumpsite and shall hold the Owner harmless in the event the dumpsite is challenged. 1.05 JOB CONDITIONS A. Protection: 1. Erect barriers, fences,overhead protection,walkways, guard rails,chutes, shoring and the like to protect personnel,construction to remain, if applicable. 2. Do not damage adjacent existing construction. B. Maintain safety of existing mechanical,electrical systems at all times. rr HVAC REPLACEMENT FIRE STATION 11 02070-1 SELECTIVE DEMOLITION 11� PART 2- PRODUCTS 2.01 SALVAGE A. Demolished material shall be considered to be property of the contractor and shall be completely removed from the job site. PART 3- EXECUTION rr 3.01 EXAMINATION A. Verify demolition may safely and appropriately begin. r B. Obtain required permits and permission from local governing authorities and Owner prior to commencing works 3.02 PREPARATION A. Protection of existing structure: " 1. Do not interfere with existing or neighboring buildings, normal activities, in-so-far as possible.. a.Protect existing and adjacent structures and facilities from damage. 2. Cooperate with occupants in maintaining their continuous operations. 3. Perform demolition by methods that will protect persons,existing materials, and adjacent structures. 3.03 DISPOSAL 4r A. Remove demolition debris. wry B. Transport demolition/debris off-site and legally dispose of. Maintain hauling routes clean and free of any debris resulting from work of this Section. +r 3.04 DAMAGED WORK A. Repair or replace entirely, as required by Project Manager, any portion of work damaged during demolition. 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I,•' ;II �1 i k $e!O ♦ S o o '�° ov t� tit .9 ^� W '.�.'.I�f�tl°3 ;v I I�< ►- L. , ��: I —•- v' vlt m - Z uj Z'I,YRs�yisl I Iti i"' v: i is � 4 l � � ti i i.. • I 1�°.° ? e le, ! v2 W way I �� i I� eta � Wi 41 I '� Su c J 11 N 1.i ONG S =Sti y\ 3o,�e3_-� I I Z lets �.' i� J[ aa� �u� iI Q �.1 a2 2 13v env~ "' J °Jo tu All 11, y t l } � • � v 4 I � IJ ^ o � � Y •e � i •tti ' I � ; �M s I W 1, 11111NOW ONNOW 1100100 tW1MOW1 marrow ■IIWWWW 01... Nunn" r....r .� twumm OWwwp MONO NUNN" rr cur MONO ttWiWrtrtlf +a..t.,i H.V.A.C. REPLACEMENT for FIRE STATION 11 S`tY O �; Iv 0. Removal and Replacement of Five HVAC Systems ADDENDUM #1 Attached please find a list of recommended HP Units provided by Gensco that should work for the requested AC unit replacement, tonnage, and electrical KW. The Gensco contact is Morris Mutal. Verify that the equipment is correctly sized and will work for this project. Thermostats Honeywell T730OF2010 and Sub Base Q730OC2012 are acceptable with modification as noted below. Per Everett Erk, Refrigeration Supplies Distributors, programmable thermostats that have the capability of being locked out, tamper proof, and that have switches on sub-base no longer exist, as discussed at the walk-thru. Adding an electrical box and adding a two-pole switch to break power to the fan and the compressor run while leaving the thermostat powered can achieve this capability. Also, please be aware when new refrigeration piping is replaced for the three lower units in the basement, it will be required to remove a small piece of sheetrock in the weight room to remove and secure new piping. A clean repair is required, taped & finished. ACR hard copper to be used on project. Insulation on all refrigerant lines is required. Steve Jack, Puget Sound Energy, has been the contact person for rebates for the City of Renton and can be reached at 253-395-6978. Any questions in reference to above may be directed to Warner Curl, Facilities Technician at 425-430-6671. 04/06/05--,WM 14:38 FAX 253 620 8214 GENSCO/TRANS Gentco' 4/6/2005 2:31 PAGE 2/2 R'.ightrax GENSCO GENSGO Proposal Expires in 30 days PROPOSAL# 2Z g56 Phone: R3)922—M DATE QUOTED QVDQ 1(')S - - Fax: 3)922 2874 _ Page 2 Prepared For: Ship To: _ iQ55 CRBO WAY �� AM-,WARNER KBV(LN, WA 98055 107 WxLLT�MS AVE N RHOUN, WA 980S5 ATTN: WARNER Ph(425)430-6640 Ph(425)430-6640 Fa'x(425)430-6613 Customer Contacts H AMER- — Gensco Rep._. W -.E. }i011_SEAC JIN�.�. — — — Quoted By; TRINA ALE)(N\QE —__ /Job Name: F��STATIC 1 R SEQ Shi via: NOR A L Date Re wired: INFTIGIV. TiFiWs y TR I NA subject to 8.800 FIFE ales tax 1,534.88 Tax amx Merchandise $17,441.84 other 1,534.88 ppSgL $18,976.72 Your custcme tray be e7egib1e to ve this equiPr�errt financ thrh a =Tnerci al �I i ng program offered by Tram Leas,rg Ser i . ,For rrore i nforrrati on 11 1.-$04-724-6026 or visit vwm.tr'anel easi - opTIV- -ADDITIONS '"` NOT-INCLUDED IN TOTALS """' 04/06/05 WED 14:38 FAZ 253 '620 8214 GENSCO/TRINE QI001 , Geaa 4/6/2006 2:31 PAGE 1/2 RightFax GENSCQ �.ENS¢o Proposal Expires in 30 days PROPOSAL# _9271956 phone: R3)922-2874 3)927_-3003 DATE QUOTED 04 W2Q 25 pax: _ page 1 Prepared For: Ship To: COY Or- RBVM CITY OF R9,TON ]055 G12A01' WASS EACILITIE5 ATTNMWf FR 1055 S, A 9S0 107 WILLIAN6 AVE N RD=, WA 98055 ATM WAMER Ph(425)430kf)640 Ph(425)430-6640 Fax(425)430-6613 —_.. �Gersco Re Customer Contact: -- -...P:._5 T40_.E LMSE_ACC -NT ._. .— Na _.._-.. _. —.. Quoted i3 : P:o.#/Job Name: FIRE.STATT.01V TRZ1�4 _ Date Required:Shi via: NFL C/ - - ■ 1 O 1 EA THP•21VR203EA1000A �H SYS" 3TON 2,052M 2,01 2_.00 2 FJ 1 eA TAH 1AM37E13FB AIR ER 33TON VARIABLE SP I,OS6.00 1,056.00 3 f J 1 FA TRA BgWM419BRKA HEATER. 191NV WITH BLEAKER 140.46 140.46 TAG: BASeWEvr 4 L7 1 EA THP 21WR2030B10004 R22 HP SPLIT SYSTB�I 1,874.00 r 1,874.00 2.5TON XR12 7PH 5 U 1 EA TAH TWE037E13FB AIR LER 3�TON 1,056.00 ` 1,056.00 t-IAItiD GJWERMLE VARIABLE SP 76.95 "` 76.95 6 0 1 EA TM BAYH1R1410BRKA HEATER 1010 WITH BREAKER TAG: FROW OFFICE 7 � 3 EA TCl-I �� 3PH� 51'S STON 27155.71 Y 6,467.]3 8 0 3 EA TAH W-065E]3FB AIR HMDLER 5" 1,371.00 4,]13.00 01WERT BLE VARIABLE SP 9 L1 1 (A TRA 6AYHTR1425BPJ(A HEATER 251W WfM BREAKER 204.76'^° 204.76 TAG: LOW 10 G 2 EA TCA RAYHTR341.5000A ifATER 15.3" 3PH 200.77 401.54 TAG; A17N1NI STR4T1 BACK OFFICE & K I Tr11w AM.- NARNER - / 7H E IS MUR REVISED PROPOSAL FIRE STATION JCJR- EVENYTHI AG IS •IN OUR TACON4 �bC"ATIG�V. PLS LET NE-KAM I ..1'IOU'HAViE ANY ANY AWITIONAL OPTIONS-ADDITIONS ***NOT INCLUDED IN TOTALS'"`