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HomeMy WebLinkAboutContract CAG-05-089 .rr . i -- Document A101 TM - 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 101 11001 day of 4UY415J in the year of 2005 (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) ADDITIONS AND DELETIONS: City of Renton, The author of this document has 1055 Grady Way added information needed for its Renton,,WA 98055 completion.The author may also have revised the text of the original AIA standard form.An and the Contractor: Additions and Deletions Report (Name,address and other information) that notes added information as well as revisions to the standard Epic Construction,LLC'' form text is available from the 40 Lake Bellevue,Suite 100 author and should be reviewed. Bellevue,WA 98,655 A vertical line in the left margin of Telephone Nupiber:42�=284-1448 this document indicates where Fax Number:425-284-1449 the author has added necessary information and where the author The Project is: has added to or deleted from the (Name and location) original AIA text. This document has important ,P 3:Paddag Lot 1Zt urfacing.Project legal consequences. 1 S Gradyt _. Consultation with an attorney Renton, WA, 98A55. is encouraged with respect to its completion or modification. The Archatsct AIA Document A201-1997, (Name, address d other information) General Conditions of the Contract for Construction,is I a Not appllCtC adopted in this document by reference.Do not use with other general conditions unless this document is modified. The Owner sand Contractor agree as follows. This document has been approved and endorsed by The Associated General Contractors of America. 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. 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 AtA software at 10:09:25 on 07/20/2005 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (2106004680) CAG-05-089 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the 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 WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents and Attachment A,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE QE'COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision,is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable,state that the date will be fixed in a notice to proceed.) If,prior to the commencement of the Work,the Owner requires time to file mortgages,mechanic's liens and other security interests,the Owner's time requirement shall be as follows: §3.2 The Contract Time shall be measured from the date of commencement. I §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than sixty(60)days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively,a calendar date may be used when coordinated with the date of cotrtrttenCemertt Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Coiinpletioh tf o rtfx n portions 00 40>Vr irk) *iibn ofWork Substantiial Completion Date September,16,2005 subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions,,f any,for liquidated damages relating to failure to complete on time or for bonus payments for early comp)W ion ofee Worn`) One hundred dollars($100)per calendar day ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be One Hundred Eighteen Thousand Three Hundred Seventy-four Dollars and Forty Cents ($118,374.40)including Washington State Sales Tax,subject to additions and deductions as provided in the Con Documents. §4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents,and are hereby accepted by the Owner: (State the numbers or other ident ication 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 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 AIAig Document is protected by U.S.Copyright Law and international Treaties. 2 Unauthorized reproduction or distribution of this AIAs 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 10:09:25 on 07/20/2005 under Order No.1000175113_1 which expires on 5/912006,and Is not for resale. User Notes: (2106004680) CAG-05-089 §4.3 Unit prices,if any,are as follows: Description Units Price($0.00) ARTICLE 5 PAYMENTS §51 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. §6A.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 Menton 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 wised as a basis for reviewing the Contractor's Applications for Payment. §11.5 Applcations,for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Subject t6otherprovisions of the Contract Documents,the amount of each progress payment shall be -cotnputed,,49 follows: 1 Take that portion'of the Contract Sum properly allocable to completed Work as determined by lying the percentage completion of each portion of the Work by the share of the Contract Sum tdlocated to that portion of the Work in the schedule of values,less retainage of five percent(5%). Pending final de"pinat an of cost to the Owner of changes in the Work,amounts not in dispute "shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .2 Add, portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance'by the abwner,suitably stored off the site at a location agreed upon in writing),less retainage offivepercent(5%); .3 Sulitrfict 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 pm$ress payment amount determined in accordance with Section 5.1.6 shall be further modified under the follo o umstances: .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 01915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 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. 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 10:09:25 on 07/20/2005 under Order No.1000175113_1 which expires on 5/911006,and is not for resale. User Notes: (2106004680) CAG-05-089 (Section 9.8.S of ALA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add,if final completion of the Work is thereafter malerially 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,prior to Substantial Completion of the entire Word,to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and ideis is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997,and to satisfy other requirements, if any,which extend beyond final payment,and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made alo later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: ARTICLE 6 TERMINATION OR SU PENSION §6.1 Tho Contract may be ter7"by the Owner or the Contractor as provided in Article 14 of AIA Document A201-199, , §6:2 The Work may be suspended1by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS 0,"ItOV1SIONS §7A Where reference is made in'ilus Agreement to a provision ofAIA Document A201-1997 or another Contract Document,the reference refers to that provision as amended or stimlemented by other provisions of the Contract Documents.' §7.2 Payments,dueand 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 (Usury laws and requirements under the Federal Truth in LendingAct,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal p loces 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&w1osures or waivers) §7.3 The Owner's representative is: (Name, address and other information) AIA Document A101 TM—1997.Copyright 01915,1918,1925,1937,1951,1958.111161,1963,1967,1974,1977,1980,1987,1991 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 pordosef it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was poduced by AIA software at 10:09:25 on 07/20/2005 under Order No.1000175113 1 which expires on 5/9/2006,and is not for resale. User Notes: (2106004680) wr CAG-05-089 Greg Stroh 1055 S.Grady Way Renton,WA 98055 §7.4 The Contractor's representative is: (1Vame, address and other information) Douglas Zylstra 40 Lake Bellevue,Suite,100 Bellevue,WA 98055 §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: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS: §8.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: §8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,AIA Document Al01�-1997:: §8.11 The General?Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Document A201-1997. I §1;.1:3 The Supplemen_,,y and other Conditions of the Contract are those contained in the Project Manual dated l Am "2005,and are as follows Document Title Pages Seon"O1r01;0 Summary of Work 1 Section"00700 General Conditions 39 §81.4:The Specifications are thoAe.eontained in the Project Manual dated as in Section 8.1.3,and are as follows: � ttfier list the Specifications here or refer to an exhibit attached to this Agreement.) Titre;of Specifications ebt ,,Attachment A—Section 07180,Guide Specifications § 84"A The Drawings aro.as follows,and are dated unless a different date is shown below: {Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Sheet C1—Site Plan §8.1.6 The Addenda,if'any,are as follows: Number Date Pages Addendum#1 June 15,2005 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are"also enumerated in this Article 8. §8.1.7 Other documents,if any,forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document,4201- 1997 provides that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders, sample 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. 5 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 10:09:25 on 07120/2005 under Order No.1000175113 1 which expires on 5/9/2006,and is not for resale. User Notes: (2106004680) CAG-05-089 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,and the remainder to the Owner. e OWNER( gnature) CONTRACTOR ignature) Kathy Keolker-Wheeler,Mayor Douglas Zylstra (Printed name and title) (Printed name and title) IATTEST(Signature) Bonnie Walton,-City,Clerk (Printed name and title) 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 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 10:09:25 on 0720/2005 under Order No.1000175113_1 which expires on 5/92006,and is not for resale. User Notes: (2106004680) r , CAG-05-089 SECTION 00910.BOND TO THE CITY OF RENTON FORM BOND #58626297 KNOW ALL MEN BY THESE PRESENTS., That we,the undersigned EPIC CONSTRUCTION, LLC as principal, and TERN TV C ANY corporation organized and existing under the lam of the State of SOUTH DAKOTA 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$ 374 for the demand we bind ourselves and our successors,heirs,administrators or person representatives,payment cam 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 2005 Nevertheless,the conditions of the above obligation are such that WHEREAS, under and pursuant to Public Works Construction Contract CA3-05-089.providing for construction of P-3 Parking Lot Resurfacirm for Renton City Hall P-gea 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 mat0dalmen,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 spa a h in the contract R from defects appearing or developing in the material or workmanship pro vided 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. EPIC CONSTRUCTION, LLC Principal WESTERN SURETY COMPANY Surety P.O. BOX 24347 Signature SEATT A. 98124-0347 ' ddlrr� Douglas R. ZYXIlsaLtra Managing Member Cwt Name and.Title gpnus Siignnaa=tuuregg MM Bgg� A�T�RNEY-IId-F�CT-DE Name and Tithe ---� 00910-1 BOND TO THE CRY OF RENTON FORM CAG-05-089 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 V*�stern Surety Corran CAG-05-089 v POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Victoria B Mc Bride, Mark A Jensen, Carrie Ester, Paula M Mc Coy,Individually of Seattle,WA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 12th day of April,2005. WESTERN SURETY COMPANY We4'00Aq)i��L°r z Paul 4rBruflat,Senior Vice President State of South Dakota ss County of Minnehaha On this 12th day of April,2005,before me personally came Paul T.Bruflat,to me known,who,being by me duly swom,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires f D. KRELL r November 30,2006 f NOTARY PUBLIC+ sum SOUTH DAKOTA $ i + Ila D.Krell,No Public CERTIFICATE 1,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimo whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of NQs- `D' WESTERN SURETY COMPANY We4�aoggr� N 0 - , Form F4280-0I-02 L.Nelson,Assistant Secretary Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,and Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President, Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. rr P-3 PARKING LOT RESURFACING for RENTON CITY HALL �Y City of Renton Community Services Department Facilities Division 1055 South Grady Way Renton, Washington Bids due Wednesday June 22, 2005 3:00 pm Renton City Hall, Seventh Floor, City Clerk's Office After Bids are received and time-stamped by the City Clerk, the Bids will be opened in Conference Room 521 on the 5th Floor of City Hall PROJECT SPECIFICATIONS /DCI .r �. TABLE OF CONTENTS ++� DIVISION 0- BIDDING REQUIREMENTS AND CONDITIONS OF THE CONTRACT 00020 Synopsis of Bidding Information............................................................................................2 00030 Invitation To Bid ..................... ...1 ............................................................................................ 00040 Bid Submittal Checklist..........................................................................................................1 00100 Instructions to Bidders...........................................................................................................2 "' (AIA Document A701) 00300 Bid Form- Form Of Proposal 00310 Bid Bond Form ......................................................................................................................1 we 00400 Non-Collusion, Anti-Trust, & Minimum Wage Form...............................................................1 00500 Contract.................................................................................................................................1 .. (AIA Document A101) ...........................................................................................................G 00700 General Conditions................................................................................................................1 (AIA Document A201) .........................................................................................................39 00800 Special Conditions.................................................................................................................3 00810 Insurance Conditions.............................................................................................................3 00910 Bond To The City Of Renton Form........................................................................................1 DIVISON 1 - GENERAL REQUIREMENTS 01010 Summary of Work and Sequences........................................................................................1 01500 Construction Facilities, Utilities, and Temporary Controls.....................................................2 DIVISION 2—TECHNICAL SPECIFICATIONS 02575 Specification..........................................................................................................................4 DRAWINGS .r TC-1 TABLE OF CONTENTS nr. 4w .w tm ow .. +ir .1m .. .r r err �s BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT AW DIVISION 0 SECTION 00020-SYNOPSIS OF BIDDING INFORMATION o. A. PROJECT: P-3 Parking Lot Resurfacing Project Renton City Hall 1055 South Grady Way Renton, WA 98055 B. OWNER: City of Renton 1055 South Grady Way Renton, WA 98055 C. OWNERS REPRESENTATIVE: Aw Greg Stroh, Facilities Manager Community Services Department City of Renton 1055 South Grady Way Renton, WA 98055 Phone (425)430-6614 FAX (425)430-6603 D. BIDS DUE: Wednesday,June 22, 2005 3:00 P.M. Renton City Hall -Seventh Floor-City Clerks Office After Bids are received and time-stamped by the City Clerk,the bids- "` will be opened in the Conference Room #521 on the Fifth Floor of City Hall 'w E. TENTATIVE SCHEDULE OF WORK: The following dates represent the tentative schedule for the work to be performed under this contract: Plans Available for Bidding Weds June 15, 2005 �. Pre-Bid Site Walk-Thru 10:00 AM Weds June 15, 2005 Bids Due 3:00 PM Weds June 22, 2005 .. Commence Work Upon notice to proceed F. TIME OF CONSTRUCTION: Thirty (30)calendar days. Liquidated damages thereafter at One- Hundred Dollars ($100) per day. G. BID SECURITY: A certified check or bid bond in the amount of five percent(5%)of the total of each bid must accompany each bid. 00020-1 P-3 PARKING RESURFACE SYNOPSIS OF BIDDING INFORMATION +r H. PERFORMANCE BOND& PAYMENT BOND: 100%of contract amount. ` I. WAGES: Pay state prevailing wages rates. J. TYPE OF CONTRACT: Single lump-sum contract encompassing all work. END OF SECTION r .rr +r 00020-2 P-3 PARKING RESURFACE SYNOPSIS OF BIDDING INFORMATION �.. SECTION 00030- INVITATION TO BID +� CITY OF RENTON P-3 PARKING LOT RESURFACING PROJECT ,. CALL FOR BIDS Sealed bids will be received until 3:00 p.m.June 22,2005 at the City Clerk's office,7m floor and will be opened and publicly read in conference room 521 on the 5`s floor,Renton City Hall, 1055 South Grady Way,Renton WA 98055. The work to be performed within 30 working days from the date of commencement under this contract shall include, but not be limited to: The project consists of Sealing and resurfacing the entire City Hall P-3 Parking Level with Sullivan Supply URE- "�' FAST PF-60 or City approved equal product.To include a compatible crack and joint sealing product(Dow 902 or equivalent)for all slab fractures and voids around the lot perimeter,curbing and or vertical wall joints/intersections. A bid bond and performance bond will be required.Standard AIA contract. lv r A pre-bid walk-thru will be held on Wednesday,June 15,at 9:30 AM,at Renton City Hall,located at 1055 South Grady Way,Renton,WA,98055.Bid documents including scope of work and specifications will be handed out at the pre-bid walk-thru. Attendance by bidders is mandatory. .. Questions shall be addressed to Greg Stroh, Facilities Department, 1055 South Grady Way, Renton,WA 98055, phone(425)430-6614. The City reserves the right to reject any and all proposals and to waive minor irregularities in the proposal process. .r A certified check or bid bond in the amount of five percent(5%)of the total of each bid must accompany each bid. The City's Fair Practices,Non-Discrimination,and Americans with Disability Act Policies shall apply. rrr Bonnie I.Walton, City Clerk Published: Daily Journal of Commerce June 9,2005 .r Daily Journal of Commerce June 12,2005 �r r rr - „MW 00030-1 P-3 PARKING RESURFACE INVITATION TO BID wr 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) ❑ Bid Bond Form (Section 00310) ❑ Combined Affidavit and Certification Form (Section 00400) �r rr - rrr �1r 00040-1 BID SUBMITTAL CHECKLIST MW SECTION 00100-INSTRUCTIONS TO BIDDERS Aw W 1.01 STANDARD FORM Incorporate by this reference the Instructions to Bidders, 1997,AIA Document A701, as follows. Articles VW 1 through 8 inclusive are included as a part of this contract. The Bidders, Contractor and all Subcontractors shall read and be governed by them. ., 1.02 SUPPLEMENTARY INSTRUCTIONS A. A Bid Bond in the amount of five percent(5%)of the total amount of each bid must accompany each bid. The successful bidder shall enter into a contract in accordance with the bid and shall furnish a Performance Bond in the amount of 100% bid. dw B. The City's fair practices and non-discrimination policies, and State Prevailing Wage Rates apply to this project. im D. 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. 4W E. Upon Notification of Intent to Award Contract, the following documents must be submitted prior to commencement of the Work and no later than 10 days after receipt of Notification of Intent To Award Contract: .. Standard Form of Agreement(Section 00500) m. Bond To The City Of Renton (Section 00610) City of Renton Business License(Section 01130) 40 Statement of Intent to Pay Prevailing Wages (Section 01130) "" Certificate of Liability Insurance (Section 00820); naming the City of Renton as additional insured. "' F. Project Time of Completion and amount of Liquid Damages are stated in the Form Of Proposal. G. Progress Payments will be subject to retainage of 5% as stated in the Standard Form of an Agreement Owner and Contractor(Section 00500). ftV 1.03 BIDDER SELECTION CRITERIA A. Contractor's Qualifications Statement", Section 00220 will be the basis of establishing bidder's �" responsiveness, and ability to perform the work for this project. .. 00100-1 INSTRUCTIONS TO BIDDERS nr SECTION 00100 -INSTRUCTIONS TO BIDDERS a B. The City reserves the right to reject any and all bids and waive any informalities or irregularities , in bids received. Attachment: 6 pages of AIA document A701 follows. �Ir END OF SECTION oil �r - rrr +r 00100-2 INSTRUCTIONS TO BIDDERS to SECTION 00300 - BID FORM ow FORM OF PROPOSAL ( BID ) for the ,A P-3 PARKING LOT RESURFACING PROJECT for RENTON CITY HALL of 1055 South Grady Way Renton, Washington go Bids Due: 3:00 P.M. Wednesday, June 22, 2005 To: City Clerk, Room#728 •W Seventh Floor of City Hall 1055 South Grady Way Renton, WA 98055 dw The undersigned hereby certifies that they have carefully examined the Contract Documents as defined in the General Conditions entitled "P-3 Parking Lot Resurfacing Project for Renton City Hall", 1055 South wo Grady Way, 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 fumish 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: AW A. BASE BID For all work shown in the Contract Documents, the sum of: $ au Washington State Sales Tax: $ .. Grand Total Base Bid: $ B. CONDITIONS OF PROPOSAL to 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 wo 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. w WN 00300-1 BID FORM *W tilt C. PERIOD OF BID VALIDITY 1 ACCEPTANCE OF BID err 1. BASE BID The undersigned hereby agrees that this BID as described in paragraph "A" shall be a r 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 (if required), evidence of insurance to execute the agreement 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 by February 16, 2001. F. LIQUIDATED DAMAGES r 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." - No G. ADDENDUM RECEIPT to Receipt of the following "ADDENDA"to the CONTRACT DOCUMENTS is acknowledged: Addendum No. Date to Addendum No. Date Addendum No. Date to 00300-2 BID FORM H. EXECUTION OF PROPOSAL Name of Firm State License Registration No. aw Address .. City State Zip Code Telephone ( ) FAX ( ) The undersigned designates the above as the firm and address to which "NOTICE OF CONTRACT , AWARD" may be mailed, hand delivered or delivered via facsimile. a NOTE: If a Bidder is a corporation,write state of incorporation; and if a partnership, give full names and addresses of all partners below: No AM The undersigned certifies that the above is a firm and valid BID to accomplish all Work and comply with all 6" requirements of the Contract Documents. Date Signature 4W Name&Title 4ft END OF BID FORM 00300-3 BID FORM SECTION 00310-BID BOND FORM 48 Herewith find deposit in the form of a certified check,cashier's check, cash, or bid bond in the amount of aw $ , which amount is not less than five percent of the total bid. Sign here: Know All Men by These Presents: are That we, , as Principal, and as Surety, are held and firmly bound until the City of Renton, as Obligee, in the penal sum of Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof,with Surety or Sureties approved by the Obligee;or if the Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void;otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee,as penalty and liquidated damages,the amount of this bond. SIGNED, SEALED AND DATED THIS DAY OF , 20 Principal Surety Received return of deposit in the sum of$ 00310-1 BID BOND FORM ir11 •. SECTION 00400 - NON-COLLUSION,ANTI-TRUST,AND MINIMUM WAGE FORM aw NON-COLLUSION AFFIDAVIT Being duly sworn,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 *W 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 wr or Bidders. AND I' 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 aw 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 to 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. ,W AND MINIMUM WAGE AFFIDAVIT FORM A, I,the undersigned, having been duly sworn,deposed,say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer,workman,or mechanic employed in the performance of such work;not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the Aw 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 Name of Project Name of Bidders Firm Signature of Authorized Representative of Bidder my Subscribed and sworn to before me on this day of ,20 +► Notary Public in and for the State of Washington Residing at: err 00400-1 NON-COLLUSION,ANTI-TRUST, MINIMUM WAGE FORM ar 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. 5 pages of AIA document A-101 follows rlr rr wr 00500.1 GENERAL CONDITIONS .err 4W -AIA Document A101 TO — 1997 and Form ofAgmement Between Owner and Contractor MMe basis of payment is a STIPULATED SUM JEEMENT made as of the day of in the year of words,indicate nth and year) N ormadon) ADDITIONS AND DELETIONS: The author of this document has added Information needed for its completion.The author may also have revised the tend pf the original AIA standard tam.An rnration) AddNons and DeMons Report that notes added information as well as revisions to the standard form text Is available from the author and should be reviewed. A vortical ine in the left margin of this docutent trxficates where the author has added necessary information and where the author has added to or deleted from the orional AIA text. This document has Important is: lapel catsewences. o Consultation with an allomey Is encouraged with respect to Its completion or modhic:ation. AIA Document A2014997, General conditions of the Contract for Constrtictkn,is adopted in this document by reference.Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. er AIA Document A101*r—1997.Copyright 01915,1918,1925,1937,1951 1958,1961,1963,1967,1974,1977,1980,1987,1891 and 1897 by The American trsabrte of Ardr bctL AN rights reserved WARMHQ:This AIA 1 Document Is protseled by U.S.Copyright Law and kdematloml Troatlec thauthorined reproduction or disirbution of this A10 Document,or any portion of M,may result in seven civil and erknhW peru Miss,and wild be prosecuted to the mex(mum exbrrt possible under the hm.This document was produced by AIA soflwan at 10:47:12 on 08/182004 under Order der No.1000117582 1 which expires on 51102005,and Is not for resale. User Notes: (3736887562) +rsr ARTICLE 1 THE CONTRACT DOCUMENTS 3k raguld Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other +tw ),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed went 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 ated agreement between the parties hereto and supersedes prior negotiations,representations or nts,either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in e8. ICLE 2 IRE WO THIS CONTRACT Contn the Work described in the Contract Documents,except to the extent call n ents to be the responsibility of others. 16 _ r A�Icl CEMENT AND SUBSTANTIAL COMPLETION t of the work shall be date of this Agreementknless a different date is stated , w date to be fixed in a notice to proceed issued by the Owner. e nt if it dif`ers from the date of this Agreement or,if applicable,state that the date W e ed) IIh 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 commencement. 11� eve Substantial Completion of the entire Work not later than days from the date of `o — .s.Alternatively,a calendar date may be used when coordinated with the date of elsey j&gj&the Contract Documents,insert any requirements for earlier Substantial iN► ork Substantial Comp man Data of this atract Time as provided in the Contract Documents ns uidated damages relating to failure to complete on time or for benw ra,)mentsfor pop (VU 0-0 - teC' c�4 r 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 4 wg, 3-�4 Sum is based upon the following alternates,if any,which are described in the Contract hereby accepted by the Owner. or other identycation 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) ALA Doetsrrsnt A101 —1997.Copyright O 1915,1918,1925,1937,1951 1958,1961,1963,1967,1974,1977,1980,1987,1991 srd 1997 by The Anwican kodUe of MdiOeets. AN rights reserved.WARNING:This AIAj Document le prolecled by U.S.Copyright Law and Internadonai lksaties. 2 Unaudwrtzed reproduedon or distribullm of this A10 Document,or any portion of K may result in seven dull and crYninal penaftles,and wig be prosecuted to the maxNmrm exbot possible under the law.This docunsru was produced by AIA software at 10:47:12 on 08/182004 Under Order No.1000117582 1 which expires on 51102005,and Is not for resale. User Notes: (3736887562 lSY .r• are as follows: +.e x xeescription Units Price(S 0.00) P LE 5 PAYMENTS er!t•. 4 1 PROGRESS PA ENTS .1 Based n nations for Payment submitted to the Architect by the Contractor and Certificates for t is by the „'test,the Owner shall make progress payments on account of the Contract Sum to die tractor A 1`w and elsewhere in the Contract Documents. 2 b each Application for Payment shall be one calendar month ending on the last day of 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. nt 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 .er for reviewing the Contractor's Applications for Paymea t shall indicate the percentage of completion of each portion of the Work as of the y the Application for Payment. je ors ntract Documents,the amount of each progress payment shall be Contract Sum properly allocable to completed Work as determined by percentage completion of each portion of the Work by the share of the Contract Sum to h i f the Work in the schedule of vanes,less retainage of five percent(5%). of cost to the Owner of changes in the Work amounts not in dispute dad in Section 7.3.8 of AIA Document A201-1997; ear 2 of the Contract Sum properly allocable to materials and equipment delivered and ui site for subsequent incorporation in the completed construction(or,if approved in ad wren,suitably stored off the site at a location agreed upon in writing),less e percent(5%); aggregate of previous payments made by the Owner,and A Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment � r0vid ed in Section 9.5 of AIA Document A201-1997. ment amount determined in accordance with Section 5.1.6 shall be further modified under mstances: +� .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 VON AIA Document A101re—1997.Copyright O 1915,1918,1925,1937,1951 1958,1981,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American IncWute of Archltecls. AN rights reserved WARPING:This kA4 Document la protected by U.S.Copyright 4w and International Treaties. 3 Unauthorized reproduction or distribution of this A10 Document,or arty 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 10:07:42 on 0927!2004 under Order ow No.1000117582_1 which expires on 5/102005,and is not for resale. User Notes: (3811891078) ISO tie (Section 9.8.5 of AU Document A201-1997 requires release of applicable netainage 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 9.103 of AIA Document wr W,, A201-1997. duction or limitation of reWnage,if any,shall be as follows: is intended prio Substantial Completion of the entire Work,to reduce or limit the retainage resulting from +Mr P rrenta inse Sections 5.1.6.1 and 5.1.6.2 above,and this is not explained elsewhere in the Contract uments rt 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 Contras Sum,shalt be made by the Owner to the fully performed the Contras 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 a CA a for Payment has been issued by the Architect. t to the Contractor shall be made no later than 30 days after the issuance of the; A r Payment,or as follows: ORS N ma be the Owner or the Contractor as provided in Article 14 of AIA Document ' sus Owner as provided in Article 14 of AIA Document A201-1997. E NS ANN re rs made m, ' Agreement to a provision of AIA Document A201-1997 or another Contract nt, re that provision as amended or supplemented by other provisions of the Contras Documents 7a nd the Contras 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 plane where the Project is ted. i It rate reed upon,if any.) IMMMiMMISFAARM - t�lr quirements under the Federal Truth in Lending Act,similar state and local consumer credit laws ns at the Owner's and t;ontractor'a 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 modifications,and also regarding requirements such as written disclosures or waivers.) err §7.3 The Owner's representative is: (Name,address and other Wormadon) air ALA Dooranent A101-—1997.Copyright O 1915,1918,1925.1937,1951 1958,1961,1963.1967,1974,1977,1980,1967,1991 and 1997 by The Arad.bntiarte of Mda ects. AN rights new,.& WARMNO:This iad Document is protected by U S.Copyrght taw and latennatloaal Tnatisa. 4 thnudwrLmd reproduction or distribution of this Ale Docaesn%or any portion of It,may resuR in seven dv9 and erirnbul peneldm and win be prosecuted to tine maxlmun extent posslbk under the law.This document was produoed by ALA software at 10:4712 on 08/18/2004 under Order No.1000117582_1 wtach en*es on 5/10/2005,and is not for resale. User Notes: (3736887562) MIr aw irr i iii�,ir��•,� ,lii�,I � ,f Contractor's representative is: address and other information) i Nei or the Contractor's representative shall be changed without ten days written notice to the p CONTRACT DOCUMENTS cept 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 Contract for Construction,AIA and other Conditions of the Contract are those contained in the Project Manual dated f Title Pages *those contained in the Project Manual dated as in Section S.13,and are as follows: er to an exhibit attached to this Agreement) t as follows,and are dated sunless a different date is shown below: ist refer to an exhibit attached to this Agreement) Titl of gs era 8. . if as follows: Date Pages fIlKilating to bidding requirements are not part of the Contract Documents unless the bidding dona'I enumerated in this Article 8. ts if any,forming part of the Contract Documents are as follows: documents that are intended to form part of the Contract Documents.AU Document A201- to 1997 pro vides 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.) 100 MA Document A101*r—1997.Copyftl t O 1915,1918,1925,1937,1951 1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The Merman batlade of Ar Ascla. AN rights reserved. WARNING:Thls;ad Doamwnt Is proMeled by U.S.Copyrlpht taw and Inlarnsdonal Treatks. 5 Unsudwhad reproduNbn or dlsbibudon of Me AU1e Document or mW portion of tt may nm*In severe"and criminal pendtlss,and will be prosecuted to fns nuxbaan exlsnt possible under the law.This downer#was produced by AIA software at 10:47:12 on 08/18/2004 under Order esr No.1000117582 1 which erq3iros on 5/10/200S,and Is not for resale. User Notes: (3736887562) OWN rwr S. v ,r r;,t '. meat is entered into as of the day and year first 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 d the remainder to the Owner. kill(Signature) CONTRACTOR(Signature) d ti (Printed name and title) j; o- MA Document A101-—1997.Copyrlht O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The Marican InsWe of AMNWcW AM rights reserved. WARNING:This MAC Document Is protected by U.S.Copyright law and International Treaties. 6 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 low.This document was produced by AIA software at 10:47:12 on 08/18/2004 under Order No.1000117582_7 which expires on 5/10/2005,and knot for resale. t3 W887562) User Notes: 411110 tw SECTION 00700-GENERAL CONDITIONS aw an 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. .w 39 pages of AIA document A-201 follows .w AW QW .r ww .. aw AW an ww 00700-1 ROOF REPLACEMENT MUSEUM GENERAL CONDITIONS ow ar � 4W • Document A201 - 1997 General Conditions of the Contract for Construction for the following PROJECT: s (Name and location or address): blank documents ■r THE OWNER: ADDITIONS AND DELETIONS: (Name and address): The author of this document has +air added information needed for its completion.The author may also have revised the text of the THE ARCHITECT: original AIA standard form.An „r (Name and address): Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the 'r' author and should be reviewed. TABLE OF ARTICLES A vertical line in the left margin of this document indicates where ".1 GENERAL PROVISIONS the author has added necessary information and where the author 2 OWNER has added to or deleted from the original AIA text. CONTRACTOR This document has important legal consequences. 4 ADMINISTRATION OF THE CONTRACT Consultation with an attorney _ is encouraged with respect to rnr x X! SUBCONTRACTORS its completion or modification. This document has been 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS approved and endorsed by The �. 7 :" CHANGES IN THE WORK Associated General Contractors of America 8 TIME 9 PAYMENTS AND COMPLETION r. 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 'E 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS err 14 TERMINATION OR SUSPENSION OF THE CONTRACT .r AIA Document A201 Tu—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The go 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 15:08:04 on 08/18/2004 under Order No.1 0001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 4011 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 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, are 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 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 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;43.5,4.3.6,6.1.1,10.3 Architect's Project Representative Additional Inspections and Testing 4.2.10 go 9°$.3, 12.11; 13.5 Architect's Relationship with Contractor Additional Time,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, 4.1.4,4.33,`,&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, rw 3,1.3,4;9.4,:9 5 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, i4dverhsement or Invitation to Bid 13.4.2, 13.5 1,1.1 Architect's Relationship with Subcontractors Ae"sthettc Effect 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.4.7 42 43, Sit Architect's Representations Allowances 9.4.2,9.5.1,9.10.1 4` g Architect's Site Visits All risk Insurance 4.2.2,4.2.5,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, z 114:1.1 13.5 - Pp P lipatip"for Payment Asbestos A 5,738,92,9.3;-9.4,9.5.1,9.6.3,9.7.1,9.8.5, 10.3.1 91Q11`13;;14 2.4,14.4.3 Attorneys'Fees Approvals 3.18.1,9.10.2, 10.3.3 2 4;3 1 3,3.5,3.10.2,3.12,4.2.7,9.3.2,13.4.2, 13.5 Award of Separate Contracts go Arbitration' , 6.1.1,6.1.2 43.3,4.4;4.5.1,4.5.2,4.6,8.3.1,9.7.1, 11.4.9, Award of Subcontracts and Other Contracts for 11.4.10 Portions of the Work Architect 5.2 4.1 Basic Definitions Architect,Definition of 1.1 4.1.1 Bidding Requirements , Architect,Extent 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 13.5,.1, 13.5.2, 14.2.2, 14.2.4 Bonds,Lien Architect,Limitations of Authority and 9.10.2 Responsibility Bonds,Performance,and Payment 2.1.1,3.3.3,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1, 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 so 4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,4.4, 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 13 to Architect's Administration of the Contract Certificate of Substantial Completion 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 AIA* Document Is protected by U.S.Copyright Law and International Treaties. 2 W 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 5/10/2005,and is not for resale. User Notes: (3552668520) is 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 ar 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, Aw 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 " 7.2.1 Construction Change Directive,Definition of CHANGES IN THE WORK 7.3.1 3.11,4.2.8,7,8.3.1,9.3.1.1, 11.4.9 Construction Change Directives dw 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 1i'3,A3,4.4,4.5;4 6,614 6.3,7.3.8,9.3.3,9.10.4, Contingent Assignment of Subcontracts MW 10:3 3 5.4,14.2.2.2 .Claims and Tlmely�"ertion of Claims Continuing Contract Performance 4,6$ 4.33 arr. Claims for Additional Cost Contract,Definition of 3 2 ; 7.3.8, 10.3.2 34b4 1.1.2 Claims or Add>honal Mme CONTRACT,TERMINATION OR 3 2 3,4 ,'4.3.'7,6 1�l,8:3 2,:10.3.2 SUSPENSION OF THE Claims for Concealed orrUnkuown Conditions 5.4.1.1, 11.4.9, 14 4,34 Contract Administration Claxxns,or,Dat ages 3.1.3,4,9.4,9.5 3," -'3,18,, 4 3 �0,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, Contract Award and Execution,Conditions Relating 77 11 41:4.5,11 X3, 14.2.4 to z Subject to n 3.7.1,3.10,5.2,6.1, 11.1.3, 11.4.6, 11.5.1 4.5,1,446,1 Contract Documents,The "'I' Cleanwg Up 6,3 Contract Documents,Copies Furnished and Use of mmemcement of Statutory Limitation Period 1.6,2.2.5,5.3 Contract Documents,Definition of mmencement'nf the Work,Coqdifions Relating to :'13.2.1,3.4.1,3 7.1,3.10.1,3.12.6,4.3.5,5.2.1, Contract Sum 52.3,6.2.2,8.1.2,8.2.2 8.3.1, 11.1, 11.4.1, 11.4.6, 3.8,4.3.4,4.3.5,4.4.5,5.2.3,7.2,7.3,7.4,9.1,9.4.2, 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 Work,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 y '- 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 .rr Compliance with Laws Contractor's Employees AIA Document A201T°—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The arr American Institute of Architects. All rights reserved. WARNING:This AIA*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 15:08:04 on 08/18/2004 under Order No.1 DOW 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) sar 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 11.1.1, 11.4.7, 14.1, 14.2.1.1, Damage to Construction of Owner or Separate Contractor's Liability Insurance Contractors wr 11.1 3.14.2,6.2.4,9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, 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 40 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 3.7.3,3.10,3.11,3.12,3.16,3.18, 4.1.2,4.1.3,4.2, Date of Commencement of the Work,Definition of 4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4, 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 13.4.2, 13'5 ' 8.1.3 Contracto '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 Contractor's Review of Contract Documents Decisions to Withhold Certification 1.5.2,32,3.73" , 9.4.1,9.5,9.7, 14.1.1.3 ■o "" "Conti"r's-iight to Stop the Work Defective or Nonconforming Work,Acceptance, ;.' 9 7 r Rejection and Correction of .Contractor',s Right 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, 9.9.3,9.10.4, 12.2.1, 13.7.1.3 Co oSubnitts n Defective Work,Definition of 3.10,3 11 '3:12,4.2.7;i 5.2.1,5.2.3,7.3.6,9.2,9.3, 3.5.1 9 8;2,9.8:3,9.9.1,9.10.2,9.10.3, 11.1.3, 11.5.2 Definitions Contractor's Supeuntendent 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, �. 3 9,_ 0 2.6 ay 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1, 9.1,9.8.1 ..Contractor's Supervision and Construction Delays and Extensions of Time .x Procedures 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, x 122,33,3:4, 1210,42:2,4.2.7,4.3.3,6.1.3, 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3E '62`.4`7',.J3,7.3.4,7.3.6,8.2,-1012,<14 Disputes Contractual Liability Insurance 4.1.4,4.3,4.4,4.5,4.6,6.3,7.3.8 11.1.1 8,11:2, 11.3; Documents and Samples at the Site Coordination and Correlation 3.11 1.2, 1'.5.2,3.3.1,3.10,3.12.6,6.1.3,6.2.1 Drawings,Definition of Copies Furnished of Drawings and Specifications 1.1.5 1.6,2:2.5,3.11 Drawings and Specifications,Use and Ownership of Copyrights 1.1.1, 1.3,2.2.5,3.11,5.3 1:6,3.17 Effective Date of Insurance t* Correction of Work 8.2.2, 11.1.2 2.3,2.4,3.7.4,4.2.1 9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2, Emergencies 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 1.2 ." 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, Cost,Definition of 11.1.1, 11.4.7, 14.1, 14.2.1.1 7.3.6 Equipment,Labor,Materials and rr 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 AIA Document A201T°—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 Ale Document Is protected by U.S.Copyright Law and International Treaties. 4 IN 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_1 which expires on 5110/2005,and is not for resale. User Notes: (3552668520) rrr 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 +r 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 asl► (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, 14.1:1.5 1.2.1,4.2.7,4.2.12,4.2.13,7.4 Fire and Extended Coverage Insurance Interest rr 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 'le 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 .r1+ �10 1.4;10, 10 , ,"-"' Judgment on Final Award den fiCatiom o'ff-CoaiaCt Documents 4.6.6 X151° Labor and Materials,Equipment Id n�tficahoa of Subcontractors 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, 5.2.1E 42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, Indemniti 1 ton 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 3g173.189 102,`10:33; 10.5, 11.4.1.2, 11.4.7 Labor Disputes „r r,W6rat1on and Services Required of the Owner 8.3.1 213,° 3,3.21; 2 4,x,12.10,4.2 7,4.3.3,6.1.3, Laws and Regulations 61,625,=932,9.6.1;°9.6.4,9.9.2,9.10:3, 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, 11 ,11.4,13 5 1, 13.5.2, 14.1.1.4,'14.1:4 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, °1r` ti Wury�� Duke to Person or Property 13.5.2, 13.6, 14 M $- 0.2,1Q. Liens Insdns 2.1.2,4.4.8,8.2.2,9.3.3,9.10 3 `3,3 7r1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.2, Limitation on Consolidation or Joinder 9=10.1,=12.2.1,13.5 4.6.4 Instructions to l idders Limitations,Statutes of 1.1.1 4.6.3, 12.2.6, 13.7 """ Instructions to the Contractor Limitations of Liability 3.2.3,'3.3.1,3.8.1,4.2.8,5.2.1,7, 12,8.2.2, 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, do 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, AW 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, 11:1 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 40 8.2.2,4 i.1.2, 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 "W 11.2 Materials,Hazardous 10.2.4,10.3, 10.5 AIA Document A201 n—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The eatr 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.1 0001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 40 11111110 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 40 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 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 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 9.;6.6,9.9.3,12:3, 14.3 , Nonconforming Work,Rejection and Correction of Owner's Right to Terminate the Contract 2.31P-2.4,3.5.1,4.2.6,.6.2.5,9.5.1,9.8.2,9.9.3,9.10.4, 14.2 12 ;1,13.7.1.3 Ownership and Use of Drawings,Specifications Notice and Other Instruments of Service so 22.1,`2.3,2.4,3.2.3,3,3.1,3.7.2,3.7.4,3.12.9,4.3, 1.1.1,1.6,2.2.5,3.2.1,3.11.1,3.17.1,4.2.12,5.3 5;5.2:1,8.2.2,9.7,9.10, 10.2.2,11.1.3, Partial Occupancy or Use 114.6,12.2.2, 12.2.4, 13.3,13.5.1, 13.5.2, 14.1, 14.2 9.6.6,9.9, 11.4.1.5 Notice,Written Patching,Cutting and `2 3 2.4,3:3:1,3 9,312.9,3.12.10,4;3;4.4.8,4.6.5, 3.14,6.25 5 11.1:3,11.4.6, Patents '12j42,2.4,13.3,14 3.17 No oltce ofTestmg and Inspections Payment,Applications for 131,43.5.2 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, Notice to'Proceed 9.10.1,9.10.3,9.10.5, 11.1.3, 14.2.4, 14.4.3 8,2.2- Payment,Certificates for Notices,Permits,Fees 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, 2.2.2,3.7,3.13,7.3.6.4, 10.2.2 9.10.3, 13.7, 14.1.1.3, 14.2.4 Observations,Contractor's Payment,Failure of 1.5.2,3.2,3.7.3,4.3.4 4.3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 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 13.5.2, 14.3.1 7.3.6.4,9.6.7,9.10.3, 11.4.9,11.5 OWNER Payments,Progress ■ll 2 4.3.3,9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3 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, 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 1i1r Owner's Authority 10.3.1 AIA Document A201 n—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. 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 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) to At 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 ar 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 m 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 3.12.2 3.17 Product Data and Samples,Shop Drawings Rules and Notices for Arbitration err 3.11,3.12,4.2.7 4.6.2 Progress and Completion Safety of Persons and Property 4.2.2,4.3.3,8.2,9.8 9.9.1,14.1.4 10.2,10.6 ar Progress Payments Safety Precautions and Programs 4.3.3,9.3,9.6,9.8.5,9.10.3, 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 Project Management Protective Liability Samples,Shop Drawings,Product Data and Insurance 3.11,3.12,4.2.7 11:3' Samples at the Site,Documents and Project Manual,Definition of the 3.11 -I.A.7 = Schedule of Values ProjectsManuals 9.2,9.3.1 Schedules, Project Representatives 1.4.1.2,3.10,3.Constructionl2.1,3.12.2,4.3.7.2, 4,2:10 6.1.3 'roperty Insurance Separate Contracts and Contractors ,la ro , 10 1 .4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1, 4,1� �OTECTION OFPERSONS AND PROPERTY 11.4.7, 12.1.2, 12.2.5 0, Shop Drawings,Definition of egulauons and Laws 3.12.1 ,l.,6,3 2 2,3.6,3.7,3' 2.10,,3.13;4:1.1,4.4.8,4.6, Shop Drawings,Product Data and Samples 9.e'1,;to 2 2,; 11, f 4,13 1, 13.4, 13.5.1, 3.11,3.12,4.2.7 X3.6, 14 ' Site,Use of t Rejection of Work 3.13,6.1.1,6.2.1 ;4.2.6, 12.2.1 Site Inspections Releases and Waivers 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 9.10.2 Site Visits,Architect's Representations 4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1, Special Inspections and Testing 9.8.2,9.10.1 4.2.6, 12.2.1, 13.5 Representatives Specifications,Definition of the 2.1.1,3.1.1, 3.9,4.1.1,4.2.1,4.2.10,5.1.1,5.1.2, 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 *r 4.4,4.5,4.6 Statute of Limitations -Responsibility for Those Performing the Work 4.6.3, 12.2.6, 13.7 3.12,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, Stopping the Work aw 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 40 Conditions by Contractor 5.1.1 1.5.2,3.2,3.7.3,3.12.7,6.1.3 SUBCONTRACTORS AIA Document A201 n—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The do American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 7 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_I which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) arrr wa 5 TERMINATION OR SUSPENSION OF THE Subcontractors,Work by CONTRACT 1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2, 14 9.6.7 Tests and Inspections Subcontractual Relations 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 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 14.2.1,14.3.2 TIME Submittals 8 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, rr Subrogation,Waivers of 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 6.1.1, 11.4.5,11.4.7 Time Limits 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, 13.7 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, 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 for Substitution of Subcontractors Time Limits on Claims 5.2.3,5.2.4 43.2,43.4,43.8,4.4,4.5,4.6 Substitution of Architect Title to Work 4.1.3 9.3.2,9.3.3 40 Substitutions of Materials UNCOVERING AND CORRECTION OF 3A.2,3.5.1-j7.33 , WORK Sub-subcontractor,Definition of 12 5.1.2 Uncovering of Work Subsurface Conditions 12.1 4.3.4 Unforeseen Conditions Successors and Assigns 4.3.4,8.3.1, 10.3 n'r 13.2 Unit Prices Superintendent 4.3.9,7.3.3.2 3.9,10.2.6 Use of Documents ftrr Soper hsion,and Construction Procedures 1.1.1, 1.6,2.2.5,3.12.6,5.3 33, 27,,Al 3;6.1.3, Use of Site 6,2.4, 1.3,73.6,8.2,8.3.1,9.4 0, 12, 14 3.13,6.1.1,6.2.1 Surety; Values,Schedule of 4 4 7-5 41,2;9 8 5;9.10.2;9 10 3, 14.2.2 9.2,93.1 Surety;Consent'of Waiver of Claims by the Architect 9.10:2,9a0:3 13.4.2 Surveys Waiver of Claims by the Contractor 2,2,3 4.3.10,9.10.5, 11.4.7, 13.4.2 Suspension by the Owner for 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, Suspension of the Work 12.2.2.1, 13.4.2, 14.2.4 5.4.2, 14.3 Waiver of Consequential Damages Suspension or Termination of the Contract 4.3.10,14.2.4 rw 4.3.6,5.4.1.1, 11.4.9, 14 Waiver of Liens Taxes 9.10.2,9.10.4 3.6,3.8.2.1,7.3.6.4 Waivers of Subrogation Termination by the Contractor 6.1.1, 11.4.5,11.4.7 4.3.10,14.1 Warranty Termination by the Owner for Cause 3.5,4.2.9,4353,933,9.8.4,9.9.1,9.10.4,12.2.2, 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 Termination of the Contractor Work,Definition of 14.2.2 1.1.3 ' Written Consent AIA Document A201 Ta—1997.Copyright m 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. 8 qft 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 AIA software at 15:08:04 on 08/1812004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) r1r 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 do r aar ON ` " 1W rrr rnr �Ir - arr IM 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 arlr 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 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) eaa to ARTICLE 1 GENERAL PROVISIONS §1.1 BASIC DEFINITIONS §1.1.1 THE CONTRACT DOCUMENTS IN The Contract Documents consist of the Agreement between Owner and Contractor(hereinafter the Agreement), Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include other documents such as bidding requirements(advertisement or invitation to bid,Instructions to Bidders,sample forms, ti,r1 the Contractor's bid or portions of Addenda relating to bidding requirements). §1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Architect and Contractor,(2)between the tilt Owner and a Subcontractor or Sub-subcontractor,(3)between the Owner and Architect or(4)between any persons or entities other than the Owner and Contractor.The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. §1.1.3 THE WORK The term"Work"means the construction and services required by the Contract Documents,whether completed or partially completed,"and includes all other labor,materials,equipment and services provided or to be provided by the Contractor to`"fulfill,therContractor's obligations.The Work may constitute the whole or a part of the Project. §1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. §1.1.5 THE DRAWINGS i The Drawings are the Z­W' hic and pictorial portions of the Contract Documents showing the design,location and dimensions of theork,generally including plans,elevations,sections,details,schedules and diagrams. s . §1.1.6 THE SPECIFICATIONS The Specificattons aie fhat' ortion of the Contract Documents consisting of the written requirements for materials, equipment,systems,standards slid workmanship for the Work,and performance of related services. §1.1.7 THE PROJECT:MANUAL,, The Project Manual is a volume assembled for the Work which may include the bidding requirements,sample forms,Conditions of the Contract and Specifications. §1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS §1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. §1.2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. §1.2.3 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. so AIA Document A2017"-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. 10 1 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) 1m 0110 §1.3 CAPITALIZATION §1.3.1 Terms capitalized in these General Conditions include those which are(1)specifically defined,(2)the titles NOW of numbered articles or(3)the titles of other documents published by the American Institute of Architects. §1.4 INTERPRETATION rrr §_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. §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,TM 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 b�the Contractor is described.The Contractor may retain one record set.Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings,Specifications and otber:documents:prepared by the Architect or the Architect's consultants,and unless otherwise indicated the alw ry Architect and the Archttect'sTconsultants shall be deemed the authors of them and will retain all common law, °.statutory;;and tither reserved rights,in addition to the copyrights.All copies of Instruments of Service,except the Confractor,S record,JkC,shall be returned or suitably accounted for to the Architect,on request,upon completion of the Wo k�The Drawings,Specifications and other documents prepared by the Architect and the Architect's consuXtants,and;cies,thereof furnished to the Contractor,are for use solely with respect to this Project.They are not to;be tts6d by the Contractor or any Subcontractor,Sub-subcontractor or material or equipment supplier on other projects"ox for additions to'this Project outside the scope of the Work without the specific written consent of the (M, Owner,Architect and the Architect's consultants.The Contractor,Subcontractors,Sub-subcontractors and material or 4 p'Ji ers are authorized to use and reproduce applicable portions of the Drawings,Specifications and �. other docuinemts prepared by the,Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents.All copies made under this authorization shall bear the statutory ieop t ttottce,if any,'shown on the Drawings,Specifications and other documents prepared by the AfArc}v httect's consultants.Submittal or distribution to meet official regulatory requirements or for other*poses�in connection tenth this Project is not to be construed as publication in derogation of the Architect's or Arolutect's consultants'copyrights or other reserved rights. ARTICLE 2 OWNER §2.1 GENERAL §2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. so Except as otherwise provided in Section 4.2.1,the Architect does not have such authority.The term"Owner" means the Owner or the Owner's authorized representative. §2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request,information necessary and relevant for the Contractor to evaluate,give notice of or enforce mechanic's lien rights.Such >' information shall include a convect statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. §2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER §2.2.1 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 A201Tm—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. 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) INS to continuation of the Work.After such evidence has been furnished,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. §2.2.2 Except for permits and fees,including those required under Section 3.7.1,which are the responsibility of the Contractor under the Contract Documents,the Owner shall secure and pay for necessary approvals,easements, assessments and charges required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities. §2.2.3 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 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. tI §2.3 OWNER'S RIGHT TO STOP THE WORK §2.3.1 If the Contractor fails'to correct Work which is not in accordance with the requirements of the Contract 'Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents,,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order bas been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required',by Section 6.1.3. §2.4 OWNER'S RIGHT TO CARRY OUT THE WORK §2.4.1 If the Contractor,defaults or neglects to carry out the Work in accordance with the Contract Documents and Ali fails within 4 seven-day period after,receipt of written notice from the Owner to commence and continue correction ° of such default or ndg,661*ith diligence and promptness,the Owner may after such seven-day period give the Contractor.a rsecond written notice to correct such deficiencies within a three-day period.If the Contractor within such three-day period after receipt"of such second notice fails to commence and continue to correct any deficiencies, �3 c` „ the Owner may,ithddt prejudice to other remedies the Owner may have,correct such deficiencies.In such case an appropriate Chan'g'e Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies,including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect or failure.Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect.If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR` §3.1 GENERAL §3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The term"Contractor" means the Contractor or the Contractor's authorized representative. §3.1.2 The Contractor shall perform the Work in accordance witli the Contract Documents. §3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract,or by tests, inspections or approvals required or performed by persons other than the Contractor. §3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §3.2.1 Since the Contract Documents are complementary,before starting each portion of the Work,the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the AIA Document A201 n—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 AIAe Document Is protected by U.S.Copyright Law and International Treaties. 12 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.10001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) rrr 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. ar 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 arr 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 of 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 rr 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 arr and 3.2.2,the 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. SUPERVISION AND CONSTRUCTION PROCEDURES J1.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor:shall beolely responsible for and have control over construction means,methods,techniques,sequences and procedures anil,Yfor cooclinating all portions of the Work under the Contract,unless the Contract Documents give other specific instructions concerning these matters.If the Contract Documents give specific instructions concerning construction means,methods,techniques,sequences or procedures,the Contractor shall evaluate the jobsite safety thezeof And.",except as stated below,shall be fully and solely responsible for the jobsite safety of such means,methods,techniques,sequences or procedures.If the Contractor determines that such means,methods, techniques,sequences or procedures may not be safe,the Contractor shall give timely written notice to the Owner and Architect titidI'sball not proceed:with that portion of the Work without further written instructions from the Ar6hitect.1f the Contractor is then instructed to proceed with the required means,methods,techniques,sequences or procedures it 066" tance of changes ro sed b the Contractor,the Owner shall be solel re nsible for an P proposed Y Y o Y resulting loss orge §3 3.2 The"Contractor shallsbe responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. §3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. WIN §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 aw and whether or not incorporated or to be incorporated in the Work. §3.4.2 The Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect dw and in accordance 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 AW skilled in tasks assigned to them. AIA Document A201 Ta—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The am 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 AIA software at 15:08:04 on 08/18/2004 under Order No.1 0001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) iW t1 §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 Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. §36 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. §37 PERMITS,FEES AND NOTICES §VA 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-Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. §3.7.2 The Contractor shall comply with and give notices required by laws,ordinances,rules,regulations and lawful orders of public authorities applicable to performance of the Work. >§3.7:3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws,statutes;-ordinances,building codes,and rules and regulations.However,if the Contractor observes that portions of the'&ntract Documents are at variance therewith,the Contractor shall promptly notify the Architect and Owner in writing,and necessary changes shall be accomplished by appropriate Modification. §3.7.4 If the Contractor performs Work knowing it to be contrary to laws,statutes,ordinances,building codes,and rules and regulations.without such notice to the Architect and Owner,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. §3.8 ALLOWANCES _ §3.8.1 The r-on'tracior,shall include in the Contract Sum all allowances stated in the Contract Documents.Items ' covered by allowances shallbe supplied for such amounts and by such persons or entities as the Owner may direct, „a the Contractor shall not be iequire,d to employ persons or entities to whom the Contractor has reasonable objection. §3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; tl .3 whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2, tit §3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. §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 AIA Document A201T"—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. 14 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 0 8/1 812 00 4 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) aw communications shall be confirmed in writing.Other communications shall be similarly confirmed on written request in each case. INS §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 all 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. WIN §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. ws §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, rr Addenda,ChangeOrders and other Modifications,in good order and marked currently to record field changes and selecfions 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. §3.12 SHOP,-,,DRAWINGS,PRODUCT DATA AND SAMPLES §3"121 Shop Dra ,are`drawings,diagrams,schedules and other data specially prepared for the Work by the Conftttactor,,or a Subcontr, r,`:Sub-subcontractor,manufacturer,supplier or distributor to illustrate some portion of aw PrWucfPata are illustrations,standard schedules,performance charts,instructions,brochures,diagrams and er other anfoimationyfurnished by the Contractor to illustrate materials or equipment for some portion of the Work. ,4112.3 Sao p., physical examples which illustrate materials,equipment or workmanship and establish standards by whtch'the Work will'be judged. "111 ' a§3124 Shop Draw ngs;Product Data,Samples and similar submittals are not Contract Documents.The purpose of thetzaub ittal is-to demonstrate'6f1hose portions of the Work for which submittals are required by the Contract ear Doctimeuts"ihe,way by which the'Contractor proposes to conform to the information given and the design concept expressed xn the-Contract Documents.`Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the'Contract Documents.Submittals which are not required by the Contract Documents may be returned by the Architect without action. §3.12.5 The Contractor shall review for compliance with the Contract Documents,approve and submit to the r■ 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 INS approved by the Contractor may be returned by the Architect without action. - §112.6 By approving and submitting Shop Drawings,Product Data,Samples and similar submittals,the Contractor represents that the Contractor has determined and verified materials,field measurements and field construction ar criteria related thereto,or will do so,and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. §3A2.7 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 A201re—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The er 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 AIAs 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 08/1812004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) IN! to §3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data,Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such 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 go authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples or similar submittals by the Architect's approval thereof. §3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, to 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. to §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 the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means,methods,techniques,sequences and procedures.The Contractor shall not be required to provide,professional services in violation of applicable law.If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Contractor by the"Contract Documents,the Owner and the Architect will specify all performance and design criteria that such services must satisfy.The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings,calculations, specifications,certifications,Shop Drawings and other submittals prepared by such professional.Shop Drawings and other submittals related to the Work designed or certified by such professional,if prepared by others,shall bear to such professional's,written approval when submitted to the Architect.The Owner and the Architect shall be entitled to rely,upon the adequacy,accuracy and completeness of the services,certifications or approvals performed by such design;professionats provided-the Owner and Architect have specified to the Contractor all performance and design criteria that such services must"satisfy.Pursuant to this Section 3.12.10,the Architect will review,approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information gi*en and the design"'concept expressed in the Contract Documents.The Contractor shall not be responsible for the "adequacy of the performance or design criteria required by the Contract Documents. tfar r" §3'13 USE OF §4.111 The Contractor shall confine operations at the site to areas permitted by law,ordinances,permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. §3,14"CUTTING AND PATCHING z §3.14.1 The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make go its parts fit together properly.. §3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting,patching or otherwise altering such construction,or by no excavation.The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor;such consent shall not be unreasonably withheld.The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's will consent to cutting or otherwise altering the Work. §3.15 CLEANING UP §3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove from and about the Project waste materials,rubbish,the Contractor's tools,construction equipment,machinery and surplus materials. , §3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the cost thereof shall be charged to the Contractor. ttrir, AIA Document A201 TIl—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 AIAe Document is protected by U.S.Copyright Law and International Treaties. 16 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 5/10/2005,and is not for resale. User Notes: (3552668520) at.r §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 §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 aw 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 ar Architect. §3.18 INDEMNIFICATION' §3.18.1 To the fullest extent permitted by law and to the extent claims,damages,losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with 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 tp ,eta attorneys fees,arising out of or resulting from performance of the Work,provided that such claim,damage,loss or expense is i.ittributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other thaa;the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable, arrr regardless of whether or-not such claim,damage,loss or expense is caused in part by a party indemnified hereunder. Such o`b`ligation shall itot be construed to negate,abridge,or reduce other rights or obligations of indemnity which would otherwise exist;as to`a,.party or person described in this Section 3.18. aa�r 318 Tn claims a gainst an person or entity indemnified under this Section 3.18 b an employee of the Contractor, § '� �. g Y P tir� Y a Subcontractor,an he"directly or indirectly employed by them or anyone for whose acts they may be liable,the Xndeficahon obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, canapensaton or benefits payable by or for the Contractor or a Subcontractor under workers'compensation acts, dtst7t®tgbenefit acts�or other employee.benefit acts. ARTICLE-,'..DMINISTRATION OF THE CONTRACT §41 ARCHITECT �0,1 'I eirchxtectxs the person lawfully licensed to practice architecture or an entity lawfully practicing ttrcltecture i�entifi�cd as suchui;the Agreement and is referred to throughout the Contract Documents as if singular +rr' - in number ;The term"Architect"means the Architect or the Architect's authorized representative. §41.2 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents ow shall not be restricted,modified or extended without written consent of the Owner,Contractor and Architect. Consent shall not be unreasonably withheld. §4.1.3 If the employment of the Architect is terminated,the Owner shall employ a new Architect against whom the ar 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 §4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents,and will be an Owner's representative(1)during construction,(2)until final payment is due and(3)with the Owner's concurrence,-from time to time during the one-year period for correction of Work described in Section 12.2.The asir 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 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. 17 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 08118/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) so to 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. hair 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. §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 an d certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. §4.2.6 TheArchitect will.have authority to reject Work that does not conform to the Contract Documents.Whenever the Architect'corisiderst necessary or advisable,the Architect will have authority to require inspection or testing of the-Work;in accordance with Sections 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to ezercise,s'`uch authority shall give rise to a duty or responsibility of the Architect to the Contractor, poul;coal and equipment suppliers,their agents or employees,or other persons or entities performing nsf the-Worrk.. rli §4 2.7 The Arch>ltectj�j review and approve or take other appropriate action upon the Contractor's submittals such asFShop Drawings;Proust Data and Samples,but only for the limited purpose of checking for conformance with rnformation,given and the design concept expressed in the Contract Documents.The Architect's action will be taken with s Illfeasonable promptness as to cause no delay in the Work or in the activities of the Owner,Contractor or separate confracto� While.allowing sufficient time in the Architect's professional judgment to permit adequate re�newReviet>v` f such submittals is'not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems;:all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5 and-3.12.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. §4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may authorize minor changes in the Work as provided in Section 7.4. §4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date ' of final completion,will receive and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor,and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. §4.2.10 If the Owner and Architect agree,the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site.The duties,responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. AIA Document A201r"—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. 18 bill 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) ti ar §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 .al+ 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 ar 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 WIN 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. ar §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 ar 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 �r giving nse;to such Claim or.within 21 days after the claimant first recognizes the condition giving rise to the Claim, cheyer is`later.Claims'must be initiated by written notice to the Architect and the other party. 4 3.3 Conti nuingCContract Performance.Pending final resolution of a Claim except as otherwise agreed in writing �. or as,provided in Section 9.7.1 and Article 14,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. W. §4 3 4 Claims for Concealed or Unknown Conditions.If conditions are encountered at the site which are(1) u 3surface or otherwrse:concealed physical conditions which differ materially from those indicated in the Contract oeuments or,1;2) own physical conditions of an unusual nature,which differ materially from those ordinarily ,found to east and generally recognized as inherent in construction activities of the character provided for in the ratr Contract Douments then notice by the observing party shall be given to the other party promptly before conditions 11,11 V sr>rtelisturbe(1nd in no event later than 21 days after first observance of the conditions.The Architect will promptly tea :: urvesitgate,such conditions and,>f t>ey differ materially and cause an increase or decrease in the Contractor's cost 14 ur of otr»le;'required for,performance of any part of the Work,will recommend an equitable adjustment in the a Contract Sum or Contract Time,-or.both.If the Architect determines that the conditions at the site are not materially ~' different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing,stating the reasons.Claims by either party in rr opposition to such determination must be made within 21 days after the Architect has pp , y given notice of the decision.If the conditions encountered are materially different,the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time,the adjustment shall be referred to the Architect for initial determination,subject to further proceedings pursuant to 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 herein shall be given before proceeding to execute the Work.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.6. ar §43.6 If the Contractor believes additional cost is involved for reasons including but not limited to(1)a written interpretation from the Architect,(2)an order by the Owner to stop the Work where the Contractor was not at fault, (3)a written order for a minor change in the Work issued by the Architect,(4)failure of payment by the Owner,(5) termination of the Contract by the Owner,(6)Owner's suspension or(7)other reasonable grounds,Claim shall be 010 filed in accordance with this Section 4.3. AIA Document A201 n—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The to American Institute of Architects. All rights reserved. WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 19 Unauthorized reproduction or distribution of this AIAs 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.10001 1 7582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) ew it §4.3.7 Claims for Additional Time §4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time,written notice as provided herein shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work.In the case of a continuing delay only one Claim is necessary. §4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim 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. §4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party,or of others for whose acts such party is legally responsible,written notice of such injury or damage,whether or not insured,shall be given to the other party within a reasonable time not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other party to investigate the matter. §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 ■i application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor,the applicable unitprices shall be equitably adjusted. §4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes: A damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,an d for loss of management or employee productivity or of the services of such persons;;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver'is applicable,without limitation,to all consequential damages due to either party's termination in,accordance,with Article"14 Nothing contained in this Section 4.3.10 shall be deemed to preclude an award of wr liquidated direct damages, irhen applicable,in accordance with the requirements of the Contract Documents. §4.4 RESOLUTION&'&M ANDDISPUTES §4.4.1 Decision of Architect. Claims;including those alleging an error or omission by the Architect but excluding those ansmg,undez`Se tions;l0 3 through 10.5,shall be referred initially to the Architect for decision.An initial decision by the Architect shall be required as a condition precedent to mediation,arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due,unless 30 days have passed after`the-Claim has been referred to'the'Architect with no decision having been rendered by the Architect.The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. §4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1)request additional supporting data from the claimant or a response with supporting data from the other party,(2)reject the Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise,or(5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of..the Claim or if the Architect concludes that,in the Architect's sole discretion,it would be inappropriate for the Architect to resolve the Claim. §4.4.3 In evaluating Claims,the Architect may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision.The Architect may request the Owner to authorize retention of such persons at the Owner's expense. §4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond,within ten days after receipt of such request,and shall either provide a response on the requested supporting data,advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the 'r Architect will either reject or approve the Claim in whole or in part. 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 AIA° Document is protected by U.S.Copyright law and International Treaties. 20 40 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 0811812004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 10- aar §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 making 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 aw Contractor.If the Architect renders a decision after arbitration proceedings have been initiated,such decision may be entered as evidence,but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. i.r §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 SO 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 No aceordance,with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by the Architect,by mediation or by arbitration. §4.5 MEDIATION F .: §4.5.1 Any--Claim snsmg'out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided_foran Sdb ons 4.3.10,9.10.4 and 9.10.5 shall,after initial decision by the Architect or 30 days after submission of the Claim to the Architect,be subject to mediation as a condition precedent to arbitration or the .w" insti tufion'bf legal or equitable proceedings by either party. §4.5.2 The,parties,shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise,shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration ow Association currently in effect.Request for mediation shall be filed in writing with the other party to the Contract z, and with the American Au btration Association.The request may be made concurrently with the filing of a demand for:azbitration but,;in such"event;3edistion shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation"for a period of 60 days from the date of filing,unless stayed for a longer period byagteement of the parties or court order. §4.6 Thep, es shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place +w where the Project is located,lunless anoiher location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. §4.6 ARBITRATION ar §4.6.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Sections 4.3.10,9.10.4 and 9.10.5,shall,after decision by the Architect or 30 days after submission of the Claim to the Architect,be subject to arbitration.Prior to arbitration,the parties shall endeavor to nr ` resolve disputes by mediation in accordance with the provisions of Section 4.5. §4.6.2 Claims not resolved by mediation shall be decided by arbitration which,unless the parties mutually agree otherwise,shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect.The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association,and a copy shall be filed with the Architect. ,r §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. wIr AIA Document A201*"—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The #W American Institute of Architects. All rights reserved. WARNING:This AIA'Document is protected by US.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 5/1012005,and is not for resale. User Notes: (3552668520) sr §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 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 4111111i 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 interest or responsibility is 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 to 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, to §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. N §4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS §5:1 DEFINITIONS "15 1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at,the site The term,".Subcontractor"is referred to throughout the Contract Documents as if singular in number`and means a Suticortractor or an authorized representative of the Subcontractor.The term"Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. rrra §5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform aportion of the Work at the site.The term"Sub-subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub- subt:ontractor., wM 5.2 AWARD:OF SUBCONTRACTS AND,OTHER CONTRACTS FOR PORTIONS OF THE WORK §5:2.1 U#Iess otherwise stated in the Contract Documents or the bidding requirements,the Contractor,as soon as practicable after award,of the Contract,shall furnish in writing to the Owner through the Architect the names of "ns or entities(uicluding those who are to furnish materials or equipment fabricated to a special design) prgposetT=for ea6liprincip4portion of,the Work The Architect will promptly reply to the Contractor in writing stating, ether,or not the Owner or the Architect,after due investigation,has reasonable objection to any such 4+0 x proposed_person or entity.Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. §5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. rrr §5.2.3 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 Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. +iii► §5.2.4 The Contractor shall not change a Subcontractor,person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. trr AIA Document A201 TM—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. 22 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 5/10/2005,and is not for resale. User Notes: (3552668520) Ifs ar §5.3 SUBCONTRACTUAL RELATIONS §5.3.1 By appropriate agreement,written where legally required for validity,the Contractor shall require each 410 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, .r 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, rn copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with he Contract Documents.Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. r §5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 15 41 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: sa� .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing;and ar .2 assignment"is subject to the prior rights of the surety,if any,obligated under bond relating to the y Contract. §5.4.2 Upon such assignment,if the Work has been suspended for more than 30 days,the Subcontractor's `ra compensation shall be equitably adjusted for increases in cost resulting from the suspension. ARTICLE.6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS §610WNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS :aK ;§16 X1,1 rThe Owner,reserves the right orm construction or operations related to the Project with the Owner's p; own"forces;:and.to'award separate in connection with other portions of the Project or other construction or -operations onthe site under Condttaons;of the Contract identical or substantially similar to these including those portions to insurance and waiver of subrogation.If the Contractor claims that delay or additional cost is tn�±olved because o."fsuch action by the Owner,the Contractor shall make such Claim as provided in Section 4.3. w :s §6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations the; te,the term"Contractor": Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. ' §6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor,who shall cooperate with them.The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so.The „m Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules shall then constitute the schedules to be used by the Contractor,separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations ,elated 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©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 AIO Document Is protected by U.S.Copyright Law and International Treaties. 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 5/10/2005,and is not for resale. User Notes: (3552668520) 400 to §6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by so the Owner or a separate contractor,the Contractor shall,prior to proceeding with that portion of the Work,promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results.Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the rry Contractor's Work,except as to defects not then reasonably discoverable. §6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays,improperly timed activities or defective construction of the Contractor.The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays,improperly timed activities,damage to the Work or defective construction of a separate contractor. rr §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. §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 ,I , §6.3.1 If a dispute arses,among the Contractor,separate contractors and the Owner as to the responsibility under their:respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK §7.1 GENERAL §7.1.1 Changes mthe`Work may be accomplished after execution of the Contract,and without invalidating the Contract,,by Change Order,Construction Change Directive or order for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. §7,1!.2 A.Change Order shall be based upon agreement among the Owner,Contractor and Architect;a Construction ' Change Directive requires agreement by.the Owner and Architect and may or may not be agreed to by the Contractor;an;order.for a minor change atl the Work may be issued by the Architect alone. § 7. .3 Changes nn,the Work shall be performed under applicable provisions of the Contract Documents,and the Contractor hall proceed promptly,unless otherwise provided in the Change Order,Construction Change Directive or order fora minor change in 6e1`111wbrk. §7.2 CHANGE ORDERS §7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor and Architect,stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment,if any,in the Contract Sum;and .3 the extent of the adjustment,if any,in the Contract Time. §7.2.2 Methods used 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 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 t� 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 A201Tu—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. 24 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.1 0001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) fi No §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: W .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. aw §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 No Contract Time. §7.3.5 A Construction Change;Directive signed by the Contractor indicates the agreement of the Contractor therewith,including adjustment in Contract Sum and Contract Time or the method for determining them.Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.61f the Contractor does not respond promptly or disagrees with the method for adjustment in the Contrac4 Sum, arrr 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 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 ipropriate`supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this �,&ction 7.3.6 shall be limited to the following: .1 costs oflaboi,including social security,old age and unemployment insurance,fringe benefits required by agreement or custom,and workers'compensation insurance; .2 costs of materials,supplies and equipment,including cost of transportation,whether incorporated or consumed; .3 rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor " or others; ®r", 4 - costs of premiums for all.bonds and insurance,permit fees,and sales,use or similar taxes related to the Work;and .5 additional costs of supervision and field office personnel directly attributable to the change. 7.3 7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a Iet decrease in the Contract Sumshall be actual net cost as confirmed by the Architect When both additions and w' credits covering related Work iii6stitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase;if any,with respect to that change. ar §73.8 Pending final determination of the total cost of a Construction Change Directive to the Owner,amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties'agreement with part or all of such costs.For any portion of such cost that remains in dispute,the Architect will make an interim determination for purposes of monthly certification for payment for those go 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 do 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. atr ' §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. gar 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. ALA Document A201 T"—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The a� American Institute of Architects. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright law and International Treaties. 25 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 0001175821 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) to ARTICLE 8 TIME §,8.1 DEFINITIONS No §8.1.1 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. §8.1.2 The date of commencement of the Work is the date established in the 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 §8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. §8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner in writing,prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor-find Owner.The date of commencement of the Work shall not be changed by the effective date of such insurance.Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner,the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. Will §8.2.3 The,Contractor,shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the'Contract Time. §8.3 DELAYS AND EXTENSIONS OF TIME . 4. §8 3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or,Architect,or of employee of either,or of a separate contractor employed by the Owner,or by changes'ordered m'the Work,or by,labor disputes,fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control,iii by delay authorized by the Owner pending mediation and arbitration,or by other causes which the Architect determines may justify delay,then the Contract Time shall be extended by Change Order for.such reasonable ti me as the Architect may determine. § '6.3 Claims relating to tune shall be made in accordance with applicable provisions of Section 4.3. §8.3.3 This`Section 8.3,does'not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION to §9.1 CONTRACT SUM §9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. §9.2 SCHEDULE OF VALUES §9.2.1 Before the first Application for Payment,the Contractor shall submit to the Architect a schedule of values go 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. as §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 40 AIA Document A201 ry—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. 26 00 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) No Orr 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. of §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 gi 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 aw 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 ngjater 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, aw le security interests or;encumbrances in favor of the Contractor,Subcontractors,material suppliers,or other persons or ebtities makinga claim`by reason of having provided labor,materials and equipment relating to the Work. 9 4 CERTIFICATES FOR PAYMENT §9A.1 The Architect will Within seven days after receipt of the Contractor's Application for Payment,either issue to.,tbe Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines !M, its"properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding 000: certification in whole,or,in part as provided in Section 9.5.1. t �� OA.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluattonof the Work and the data comprising the Application for Payment,that the Work leas progressed to the tnt indicated and that,to the best of the Architect's knowledge,information and belief,the P !'x hp° g quality of the Work is,1:n accordance with the Contract Documents.The foregoing representations are subject to an Yaluation of the'Work for con6rma#11ce with the Contract Documents upon Substantial Completion,to results of `subsequent tests and inspections,to`correction of minor deviations from the Contract Documents prior to completion and to specific qualificafions,expressed by the Architect.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on- site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques, sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to No ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §9.5 DECISIONS TO WITHHOLD CERTIFICATION §9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary 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 w" amount,the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 3.3.2,because of: .1 defective Work not remedied; AIA Document A201 Tr—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The so 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 08118/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) am .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or 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: to §96 PROGRESS PAYMENTS §9.6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so notify the Architect. §9.6.2 The Contractor shall promptly pay each Subcontractor,upon receipt of payment from the Owner,out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work,the amount to which slid to Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's.portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor, require each Subcontractor to-make payments to Sub-subcontractors in a similar manner. §9.6.3 The Architect wi11;o6request,furnish to a Subcontractor,if practicable,information regarding percentages of completion or amounts applied#or by the Contractor and action taken thereon by the Architect and Owner on account of portions o"1e Workdone by such Subcontractor. §9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 40 §9.6.5 Payment to matenal,suppliers shall be treated in a manner similar to that provided in Sections 9.6.2,9.6.3 and 9.6.4. §9.6.6 A Certificate for Payment-a progress payment,or partial or entire use or occupancy of the Project by the .` Owner shall not constitute.acceptance of Work not in accordance with the Contract Documents. §9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received l y the C=ontras for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both,under contract with the Contractor for.which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate.account and not commingled with money of the Contractor,shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. §9.7 FAILURE OF PAYMENT §9.7.1 If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitration,then the Contractor may,upon seven additional days' written notice to the Owner and Architect,stop the Work until payment of the amount owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay and r start-up,plus interest as provided for in the Contract Documents. ar AIA Document A201"'—1997.Copyright m 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. 28 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) No tar §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 40 is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 40 §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. NO §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. 19.S.CWhen 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' "sponsibili'es,of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance,and`shall fii the time within which the Contractor shall finish all items on the list accompanying the Certificate.'Warranties required by the Contract Documents shall commence on the date of Substantial Completion *r of the Work`oi designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. §9.8.5 The,.Certificate of:Substantial Completion shall be submitted to the Owner and Contractor for their written ew :acceptance"`gf responsibilities assigned to them in such Certificate.Upon such acceptance and consent of surety,if any;the Owner"shall make'payment of retainage applying to such Work or designated portion thereof. Such payment shall'be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. §0.9 PARTIAL OCCUPANCY OR USE 9 91 The Owner may.occupy or use�any completed or partially completed portion of the Work at any stage when such'portton`<s:designated by separaagre te ement with the Contractor,provided such occupancy or use is consented ­16b the insurer as required under:S60ion 11.4.1.5 and authorized by public authorities having jurisdiction over the Work Suchparttal occupancy or use may commence whether or not the portion is substantially complete,provided ,e the."Owner and Conuactor.have accepted in writing the responsibilities assigned to each of them for payments, retamage,-if any;security,rumntenahce,heat,utilities,damage to the Work and insurance,and have agreed in elr=, wasting concerning the period for'correction of the Work and commencement of warranties required by the Contract Doc ments When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement is reached,by decision of the Architect. §9.9.2 Immediately prior to such partial occupancy or use,the Owner,Contractor and Architect shall jointly inspect ran 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 *r constitute acceptance of Work not complying with the requirements of the Contract Documents. §9.10 FINAL COMPLETION AND FINAL PAYMENT ar §9.1 0A Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the 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 rrr 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 Tu—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. 29 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) 010 the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. §9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits 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 or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien.If such lien remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in .discharging such lien,including all costs and reasonable attorneys' fees. §9.1,0.3 If,af(er,Substantial Completion of the Work,final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall;, application,by the Contractor and certification by the Architect,and without terminating the :Contract,make payment 9f.the balance due for that portion of the Work fully completed and accepted.If the rezz airung b'alance'for Work,�iot fully completed or corrected is less than retainage stipulated in the Contract Documents,-and if bonds hi been furnished,the written consent of surety to payment of the balance due for that �. portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such;payment Such payment shall be made under terms and conditions governing final payment, except that-it shall not constitute a waiver of claims. §F 910 4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: ,1 liens,„Claims,security interests or encumbrances arising out of the Contract and unsettled; 2 failure of the Work to comply with the requirements of the Contract Documents;or 4 l" 3 termsf al warranties'r tied b the Contract Documents. ,aped Y § 9.110.5 Acceptance of frnal,payment by the Contractor,a Subcontractor or material supplier shall constitute a Waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at �tlie time t�f finA.:4pplication for Payment. ARTICLE D 'PitOTECTION O TERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS ' 610.1.1 The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. §10.2 SAFETY OF PERSONS AND PROPERTY §10.2.1 The`Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site,under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontractors;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements, roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction. §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. AIA Document A201^r—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. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treaties. 30 to 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.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) to §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, IN 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 anti 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 010 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 "NO 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 Con tractor's obligations under Section 3.18. ISO §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 INS designated by the Contractor in writing to the Owner and Architect. §10.2.7 The Contractor shall;not=load or permit any part of the construction or site to be loaded so as to endanger its safety. ar ?� §10.3 HAZARDOUS MATERIALS §10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons „"resulting froin a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB), encountered on the site by;the"Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in-the affected area and'report the condition to the Owner and Architect in writing. ar §10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material r or substancexeported b�ythe�onttactor sari,in the event such material or substance is found to be present,to verify that it has been,reniiereitl harmless,Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect'the names and qualifications of persons or entities who are to perform tests verifying the presence or absencbbf such material or substance or who are to perform the task of removal or safe ' containment.of suchmaterial or substance.The Contractor and the Architect will promptly reply to the Owner in writing"staring"whether or not ettheifdtas_reasonable objection to the persons or entities proposed by the Owner.ff \� either the Contractor or Archite'tt bas an objection to a person or entity proposed by the Owner,the Owner shall propose another:to whom the Contractor and the Architect have no reasonable objection.When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.The Contract"Time shall be extended appropriately and the Contract Sum shall be increased in the '�' amount of the Contractor's reasonable additional costs of shut-down,delay and start-up,which adjustments shall be accomplished as provided in Article 7. so §10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or r 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 aial party seeking indemnity. §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. so AIA Document A201 Tr—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The 40 American Institute of Architects. All rights reserved. WARNING:This AIA* Document is protected by U.S.Copyright Law and International Treaties. 31 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 0 8/1 812 00 4 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) WA §10.5 If,without negligence on the part of the Contractor,the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. §10.6 EMERGENCIES §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. ARTICLE 11 INSURANCE AND BONDS #A1 §11.1 CONTRACTOR'S LIABILITY INSURANCE §11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: .1 claims under workers'compensation,disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims fordamages because of bodily injury,occupational sickness or disease,or death of the Contractor's employees; j; .3 claims for damages because of bodily injury,sickness or disease,or death of any person other than the n�ractor',s employees; .4 claims for damages insured by usual personal injury liability coverage; .5 ze tims fordamages,other than to the Work itself,because of injury to or destruction of tangible property,ancludmg loss of use resulting therefrom; .6 claims for"damages because of bodily injury,death of a person or property damage arising out of ownershrp,maintenance or use of a motor vehicle; .7: Claims for bo&` injury or property damage arising out of completed operations;and .$ claims involving contractual liability insurance applicable to the Contractor's obligations under «Section:3.18. §11,12 The insurani aired by Sectional 1.1.1 shall be written for not less than limits of liability specified in the "3 ; rO . Contract Documents t»r requred bylaw,whichever coverage is greater.Coverages,whether written on an occurrence or claims made basis,shall be maintained without interruption from date of commencement of the Work until date of final pagment and termination of any coverage required to be maintained after final payment. Mn -' §'I'L13 Certificates of insurance"acceptable to the Owner shall be filed with the Owner prior to commencement of the WorksThese certificates and the insurance policies required by this Section 11.1 shall contain a provision that 116 "coverages afforded udder ttieolicies will not be canceled or allowed to expire until at least 30 days'prior written notice ha e'6'n given'to the Owner.If any of the foregoing insurance coverages are required to remain in force after final payment and.are reasonably available,an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Section 9.10.2.Information concerning reduction of coverage on account of.revised limits or claims paid under the General Aggregate,or both,shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Iri §11.2 OWNER'S LIABILITY INSURANCE §11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. §11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE §11.3.1 Optionally,the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's,Contractor's and Architect's vicarious liability for construction operations under the Contract.Unless otherwise required by the 1111111 Contract Documents,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 do 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. AIA Document A201n—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 AIAe Document Is protected by U.S.Copyright Law and International Treaties. 32 trlr 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 5/10/2005,and is not for resale. User Notes: (3552668520) ao Ale §11.3.2 To the extent damages are covered by Project Management Protective Liability insurance,the Owner, rr 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. art §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 NO §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 eo 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 urn 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><n the Pmject, § 11.4.1.1 Propertyinsurance shall be on an"all-risk"or equivalent policy form and shall include,without limitation, insurance against the=perils of fire(with extended coverage)and physical loss or damage including,without duplication of coverage,theft,,vandalism,malicious mischief,collapse,earthquake,flood,windstorm,falsework, OWN testing and startup,temporary'buHdings and debris removal including demolition occasioned by enforcement of any 'applicable legal requu ments,'and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as=a result of such insured loss. err §11.41.2 If-the;Owiier does not intend to purchase such property insurance required by the Contract and with all of the coverages to the amount described above,the Owner shall so inform the Contractor in writing prior to commencemqui of the'W 6rk.The Contractor may then effect insurance which will protect the interests of the +w Contractor,Subcontractors and Sub-subcontractors in the Work,and by appropriate Change Order the cost thereof S hall be charged to the Owner.If the Contractor is damaged by the failure or neglect of the Owner to purchase or = ,. maintain lnsuraneeas,described abo've,*thout so notifying the Contractor in writing,then the Owner shall bear all reasonabl a Coproperly attn buiA e thereto.sts a, x §11 A.1.3 If the property insurance requires deductibles,the Owner shall pay costs not covered because of such � deductibles °,N��.V §1 1.4A 4 This;property insurance shall°cover portions of the Work stored off the site,and also portions of the Work in transit. ar anc 11.4.1.5 Partial occu § p y or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise.The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or r 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 by law,which shall specifically cover such insured objects during installation and until final acceptance by the Owner;this insurance shall include interests of the Owner,Contractor, Subcontractors and Sub-subcontractors in the Work,and the Owner and Contractor shall be named insureds. AW §11.4.3 Loss of Use Insurance.The Owner,at the Owner's option,may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused.The Owner waives all rights of action against the Contractor for loss of use of the Owner's property,including do consequential losses due to fire or other hazards however caused. AIA Document A201r"—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The dw American Institute of Architects. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treaties. 33 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 AIA software at 15:08:04 on 08/18/2004 under Order No.1 0001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) Ili §11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy,the Owner shall,if possible,include such insurance,and the cost thereof shall be charged to the Contractor by appropriate Change Order. §11.4.5 If during the Project construction period the Owner insures properties,real or 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,separate contractors described in Article 6,if any,and any of their subcontractors,sub-subcontractors, to agents and employees,for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.4 or other property insurance applicable to the Work,except such rights as they haye`to proceeds of such insurance held by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall require of the Architect,Architect's consultants,separate contractors described in Article 6,if any,and the subcontractors,sub-subcontractors,agents and employees of any of them,by appropriate agreements,written where legally required for validity,similar waivers each in favor of other parties enumerated herein.The policies shall provide such waivers of subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in"the property damaged. to v A loss.insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as.fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable,mortgagee clause and of Section 11.4.10.The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor,and by appropriate agreements,written where legally required for Validity,shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. x 11.4.9 If required in writing:b a in interest,the Owner as fiduciary shall,upon occurrence of an insured loss, § e9 � g Y PAY azY P ,give bond for proper performance of the Owner's duties.The cost of required bonds shall be charged against proceeds received as fiduciary.The Owner shall deposit in a separate account proceeds so received,which the Owner shall distribute in accordance with such agreement as the parties in interest may reach,or in accordance with an arbitration award in which case the procedure shall be as provided in Section 4.6.If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience,replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. i §11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power;if such objection is made,the dispute shall be resolved as provided in Sections 4.5 and 4.6.The Owner as fiduciary sball,in go ,the'case of arbitration,make settlement with insurers in accordance with directions of the arbitrators.If distribution of insurance proceeds by arbitration is required,the arbitrators will direct such distribution. §11.5 PERFORMANCE BOND AND PAYMENT BOND §11.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 411111 AIA Document A201 Tm—1997.Copyright m 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 i 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.1 0001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) an §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 NO copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK IN §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. §12.1.2 If aportion 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 ar such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall,by appropriate Change Order,be at the Owner's expense.If such Work is not in accordance with the Contract Documents, correction shall be„at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in'which event the Owner shall be responsible for payment of such costs. irr §12.2 CORRECTION OF WORK §12.2.1 BEFORE OR AFTER-SUBSTANTIAL COMPLETION §12.2.1.1 The"Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the'Contract Documents,whether discovered before or after Substantial Completion and whether or not fabricated;--installed or completed.Costs of correcting such rejected Work,including additional testing and inspections and Compensation for the Architect's services and expenses made necessary thereby,shall be at the NO Contractor's e><peise §12.2 2 AFTER SUBSTANTIAL COMPLETION §12.2.1j id addrtton to the Contractor's obligations under Section 3.5,if,within one year after the date of .ar Substantial Comipletion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9;9.1,or by terms of an applicable special warranty required by the Contract Documents, any of the Work is fotind to be not in accordance with the requirements of the Contract Documents,the Contractor ar shall correct it prom0,y after receipt of written notice from the Owner to do so unless the Owner has previously .z _ =„given the Contractor Written acceptance,of such condition.The Owner shall give such notice promptly after discovery of tiff tfon Durutg the one-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contr actotn opportunity to make the correction,the Owner waives the rights to require correction b he yt Cgntractot and to atalce a claim for breach of warranty.If the Contractor fails to correct nonconformngWorlc within a reasonable time during that period after receipt of notice from the Owner or Architect;the Owner may corm accordance with Section 2.4. §12.2.2.2 The tine-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. ar► §12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant 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. .r §12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction,whether completed or partially completed,of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. +r §12.2.5 Nothing 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 do to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract AIA Document A201”'—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. 35 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.1 0001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) a1a No Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. §12.3 ACCEPTANCE OF NONCONFORMING WORK §12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents,the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable.Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS §13.1 GOVERNING LAW §13.1.1 The Contract shall be governed by the law of the place where the Project is located. §13.2 SUCCESSORS AND ASSIGNS §13.2.1 The Owner and Contractor respectively bind themselves,their partners,successors,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 t in Section 13.2.2,"neither party to the Contract shall assign the Contract as a whole without written consent of the other.If either patty attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. Oki §13.2:2 The Owner may,without consent of the Contractor,assign the Contract to an institutional lender providing construction financing for the Project.In such event,the lender shall assume the Owner's rights and obligations under the Contract Documents.The Contractor shall execute all consents reasonably required to facilitate such assignment. §13.3 WRITTEN NOTICE §13:3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of file firm or entity or to an officer of the corporation for which it was intended,or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13:4.1 Duties and obl>gations imposed by the Contract Documents and rights and remedies available thereunder $hall be in addition to""and not a limitation of duties,obligations,rights and remedies otherwise imposed or available b> =bylaw ; . §13 4.2 No action or failure,to act by the Owner,Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract,nor shall such action or failure to act constitute approval of or acquiescence in a No breach thereunder,except as may be specifically agreed in writing. §13.5 TESTS AND'INSPECTIONS §13.5.1 Tests,inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances,rules,regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority,and shall bear all related costs of tests,inspections and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures.The Owner shall bear costs of tests,inspections or approvals which do not become requirements until after bids are received or negotiations concluded. §13.5.2 If the Architect,Owner or public authorities having jurisdiction determine that portions of the Work require additional testing,inspection or approval not included under Section"13.5.1,the Architect will,upon written authorization from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection or approval by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures.Such costs,except as provided in Section 13.5.3,shall be at the Owner's expense. AIA Document A201Ta—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. 36 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) to .rll §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 at the Contractor's expense. §,13.5.4Required 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 " 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 §13.71 As between the Ow ner and Contractor: 1 Beftze Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion,any applicable statute of limitations shall commence to run and any alleged ` cause"oftton'shall be deemed to have accrued in any and all events not later than such date of Substantral Completion; ,2 Betove;eSubstantial Completion and Final Certificate for Payment. As to acts or failures to act r occum g subsequent to the relevant date of Substantial Completion and prior to issuance of the final Cerhficat for°Payment,any applicable statute of limitations shall commence to run and any alleged causeof action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment;and + ,3 After,final.Certificate for Payment. As to acts or failures to act occurring after the relevant date of rssuaace tifthe final Certrficate for Payment,any applicable statute of limitations shall commence to A i k;r nur a>d pny'alleged caus"f action shall be deemed to have accrued in any and all events not later than the date of any;act br failure to act by the Contractor pursuant to any Warranty provided under Sectron 3;5,the date of any correction of the Work or failure to correct the Work by the Contractor uttde>35ectron 12 2,or the date of actual commission of any other act or failure to perform any duty or obligation by.thebAtractor or Owner,whichever occurs last. err+; ARTICLE 14 J 'ERMINATION OR SUS NSION OF THE CONTRACT §14.1 TERMf NATION NY THE CONTRACTOR §14.1.1 The Contractor may,terminate the Contract if the Work is stopped for a period of 30 consecutive days through no actor fault of the Contractor or a Subcontractor,Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,for any of the following reasons: rr .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; r .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 ar .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^'—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. 37 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 5/10/2005,and is not for resale. User Notes: (3552668520) are by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period,whichever is less. it §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 I 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 BY THE OWNER FOR CAUSE §14.2.1 The Owner may terminate the Contract if the Contractor: tirr .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper . materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction;or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. §14.2:2 When any of,the above reasons exist,the Owner,upon certification by the Architect that sufficient cause exists to justify such action,may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any,seven days' written notice,terminate employment of the Contractor and°may,,subject to any,prior rights of the surety: :1 take possession of the site and of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; ON .2 acre p assignment of subcontracts pursuant to Section 5.4;and .3 finish the_Work by.whatevOr reasonable method the Owner may deem expedient.Upon request of the Contractor,the Ownershall furnish to the Contractor a detailed accounting of the costs incurred by the Qwner in finishingthe Work. ' §142.3 When the-'Owner terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. ■o §14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case may be,shall be certified by the Architect,upon application,and this obligation for payment shall survive termination of the Contract. §14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE §14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. §14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay or interruption as described in Section 14.3.1.Adjustment of the Contract Sum shall include profit.No adjustment shall be made to the extent: .1 that performance is,was or would have been so suspended,delayed or interrupted by another cause for which the Contractor is responsible;or .2 that an equitable adjustment is made or denied under another provision of the Contract. AIA Document A201T"—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. 38 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) to we §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. No §14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience,the Contractor shall: to .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 so notice,terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. INS §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. irlti r ' as arr ,w im, 111111110 are 11W IND alr AIA Document A201 Tm—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The arr 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 AIAs 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.1 0001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) aar SECTION 00800 - SPECIAL CONDITIONS The following supplements modify the "General Conditions of the Contract for Construction", AIA Document A201, 1997 edition, as a part of these Contract Documents. 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. Wage data is also available at http://www.ini.wa.gov/prevailingwage/prev wage_rates.htm „ 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 ar 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 00800-1 SPECIAL CONDITIONS err go Contractor's Certificate of Registration shall be in full force and effect throughout the work project herein above enumerated, prior to starting work. .W ARTICLE 3- NON-DISCRIMINATION The Contractor shall offer equal opportunity to all qualified employees and applicants for g► employment without regard to the race, creed, color, sex, national origin, age, or disability. 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. ARTICLE 5-SITE AND STREET CLEANING Contractors working dump trucks and/or other equipment on paved streets and roadways will be .� required to clean said streets at the conclusion of each day's operation or as directed by the City. If the area is not properly cleaned or the condition of the excavation warrants or if required by a, other City or State ordinances or requirements, the Owner shall direct the Contractor to provide facilities to remove clay or other deposits from the tires or between dual wheels before trucks and/or other equipment will be allowed to travel beyond the construction site. Any violation of the above requirements shall be sufficient ground for the Owner to order the area in question cleaned by others, the cost of the operation to be deducted from the Contract amount. It shall be the Contractor's responsibility to control dust at the construction site by watering as required or as directed by the Owner. All costs in connection with the above work shall be considered as incidental to the construction, and payment shall be considered to be included in the 4W prices bid for the various items comprising this improvement. ARTICLE 6- PERFORMANCE BOND (CONTRACTOR'S CONTRACT BOND): 9W The Contractor shall execute and deliver to the Owner a bond on the form included in this Contract Documents, with an approved surety company, as surety in the sum of the full amount of the as contract price including the Washington State Sales Tax, in compliance with the Revised Codes of Washington, and any amendments thereto. The bond shall also guarantee the Contractor's AW material and workmanship on the project for a period of one (1) year from the date of the issuance of his Certificate of Substantial Completion by the Architect. ARTICLE 7-TRAFFIC SAFETY AND STREET USE: The Contractor shall be responsible for the provision of barricades and the safety guards and any other structures of improvement necessary for the complete protection of the public or workers including traffic study requirements as directed by the City in consultation with the Public Works 00800-2 SPECIAL CONDITIONS r and Police Departments. The Contractor shall further abide by all rules and regulations of OSHA as amended or supplemented by WISHA. Contractor shall be responsible for any permits required due to construction activity or staging in the public right-of-way including, but not limited to, traffic control and flaggers as required by City Public Works Department. All costs in connection with the above work shall be considered as incidental to the construction, and payment shall be considered to be included in the prices bid for the various items comprising this improvement. ARTICLE 8- PERMITS: The Owner will pay directly for the Building Permit. It shall be the Contractor's responsibility to apply for and pay for the plumbing, mechanical, electrical and elevator permits and to secure all other Municipal, County, or State permits and licenses necessary or incident to the actual performance of the work under this Contract that have not been addressed in the contract documents, and shall, during the work progress, comply with all laws, ordinances, and governmental regulations pertaining to carrying out of the work. END OF SECTION - rr 00800-3 SPECIAL CONDITIONS �.. SECTION 00810-INSURANCE CONDITIONS ..� MINIMUM INSURANCE COVERAGE AND REQUIREMENTS The following supplements modify the "General Conditions of the Contract for Construction", AIA .�. Document A201, 1997 edition, as a part of these Contract Documents. 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 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 aw ( Including CG 2503 general aggregate to apply per project if applicable) • Explosion, Collapse and Underground Hazards • Products/Completed Operations aw • Contractual Liability • Broad Form Property Damage • Independent Contractors •. • Personal/Advertising Injury •Stop Gap Liability �. (2) Automobile Liability including all • Owned Vehicles • Non-Owned Vehicles dw . Hired Vehicles (3) Workers'Compensation •Statutory Benefits -Show Washington Labor& Industries Number (4) Umbrella Liability • Excess of Commercial General Liability and Automobile Liability. Coverage should be as broad as primary. (5) Builder's Risk(for new construction only; City will procure Builder's Risk for remodels) • Builder's Risk insurance covering interests of the City, the Contractor, Subcontractors and Sub- subcontractors in the Work shall be provided by the Contractor. Builder's Risk insurance shall be on an "all-risk" policy form, and shall insure against the perils of fire and extended coverage and physical loss or damage, including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. The Builder's Risk insurance covering the work will have a deductible of$5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles 00920-1 INSURANCE REQUIREMENTS •r accepted by the City will remain the responsibility of the Contractor. The Builder's Risk insurance shall be maintained until Final Acceptance of the Work by the City. CONTRACTORS INSURANCE REQUIREMENTS The CONTRACTOR shall carry the following limits of liability as required below: Commercial General Liability General Aggregate* $2,000,000 Products/Completed Operations Aggregate $2,000,000 rr�r Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Fire Damage (Any One Fire) $ 50,000r 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 �r► Statutory Benefits-Show Washington Labor& Industries Number Umbrella Liability Each Occurrence Limit $1,000,000 , General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 > Builder's Risk Shall be written in the amount of the completed value of the project with no coinsurance - provisions. Pollution Liability (If required) Per Loss $ 1,000,000 Aggregate $ 1,000,000 00920-2 INSURANCE REQUIREMENTS 1W am 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. .r 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. 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 issuing company will endeeveFte mail 45 days written notice to the certificate holder named to the left. But failure to SUGh netiGe shall impose no obligation 9F liability of any kind UpE)R t4e u .r „w The CONTRACTOR shall promptly advise the CITY OF RENTON in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At his or her own expense the CONTRACTOR will reinstate the aggregate limits to comply with the minimum requirements and shall so furnish to the CITY OF RENTON a new certificate of insurance showing such coverage is in force. Required insurance coverage shall be maintained throughout the term of this contract, except Automobile •• Liability and Workers' Compensation, for a period of two (2) years after the date of substantial completion of the project. a' On all Certificates of Insurance, the Certificate Holder shall be listed as "City of Renton, Washington, Attention: Greg Stroh, Facilities Manager" faw WW 00920-3 INSURANCE REQUIREMENTS aw SECTION 00910 - BOND TO THE CITY OF RENTON FORM W KNOW ALL MEN BY THESE PRESENTS: so That we,the undersigned go as principal, and corporation organized and existing under the laws of the State of as a surety corporation,and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations,as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum$ for the payment of which sum on demand we bind ourselves and our successors,heirs, administrators or person representatives,as the case may be. 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 120 Nevertheless,the conditions of the above obligation are such that: +r WHEREAS, under and pursuant to Public Works Construction Contract CAG-05-089 providing for construction of P-3 Parking Lot Resurfacing for Renton City Hall 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. trr Principal Surety Signature Surety's Address Name and Title Agent's Signature Name and Title 00910-1 to BOND TO THE CITY OF RENTON FORM 40 ,r �wr wrr wr w■ w. wo wr r go wr ar a■ dw GENERAL REQUIREMENTS DIVISION 1 ww aw SECTION 01010 - SUMMARY OF WORK rr PART 1 - GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. Work of this Contract includes Sealing and resurfacing the entire City Hall P-3 Parking Level with Sullivan Supply URE-FAST PF-60 or City approved equal product. To include a compatible crack and joint sealing product (Dow 902 or equivalent) for all slab fractures and voids around the lot perimeter, curbing and or vertical wall joints/intersections, and performing such incidental or other work as may be necessitated by these operations. Work shall include a manufacturer and contractors 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 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 Cities representative 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 ROOF REPLACEMENT MUSEUM SUMMARY OF WORK •• SECTION 01500 -CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS va "w PART 1 -GENERAL 1.01 ELECTRICAL SERVICE 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. Fenced area shall be located over hard-surfaced areas only. .. 1.05 CLEANING DURING DEMOLITION A. Control accumulation of waste materials and rubbish dumping. Periodically dispose off- site in authorized dump sites. 1.06 STAGING AREA A. Staging will be addressed with awarded contractor prior to commencement of work. B. Protect the existing building from any marring, scrapes, holes, or damage of any kind. Any damaged area due to the contractors work shall be replaced by the contractor. C. Provide for periodic removal of dumpster contents. +r 1.07 POLLUTION CONTROL ar 01500-1 ROOF REPLACEMENT MUSEUM CONSTRUCTION FACILITIES,UTILITIES AND TEMPORARY CONTROLS ar 1W A. Provide methods, means, and facilities to prevent contamination of soil, water, and 66 atmosphere from discharge of noxious, toxic substances, and pollutants produced by any construction operations. am END OF SECTION Ir +rr to to 01500-2 40 ROOF REPLACEMENT MUSEUP.1 CONSTRUCTION FACILITIES,UTILITIES AND TEMPORARY CONTROLS to ow .w rw low w .r a. rw No +rr er ow w TECHNICAL aw SPECIFICATIONS aw of DIVISION 2 Parking Deck Overlay / Non-Skid Traction Coating r Rapid-Setting Resurfacing System From URE-FAST INDUSTRIES Specification - RESILIENT POLYMER CONCRETE(RPC)OVERLAY This Specification is provided to assist engineers,owners,specifiers and architects establish requirements for installation of liquid applied,thin bonded Resilient Polymer Concrete(RPC)deck overlays on concrete,asphalt,wood and steel surfaces. Description This Specification defines minimum standards for materials,equipment,installation techniques,contractor experience and qualifications. The descriptions contained in this document are considered typical but may require modification to meet specific job or site conditions. Overlay Materials&Equipment The overlay shall be a completed Resilient Polymer Concrete(RPC)resurfacing material. The overlay shall meet the requirements of this Special Provision. iIF The overlay shall consist of a plural component,ultra low viscosity,liquid-applied RPC Healer/Sealer Penetrating Polymer Base material seeded with RPC manufacturer approved coarse aggregate,followed by installation of a plural component, low viscosity, liquid-applied RPC Wear Course Polymer material seeded with RPC manufacturer approved topping aggregate. RPC overlay shall be capable of being open to traffic within 30 B 60 minutes of application,depending on material,aggregate, substrate and ambient temperatures. RPC material shall have been evaluated by customer for a period of not less than 36 months on the specific project site,exposed to exact traffic and environmental conditions as this project requires. RPC material must pass customer evaluation of other test and evaluation installation projects within customers'jurisdiction within the same 36 month period. A plural component polymer dispensing system capable of siphoning ultra low viscosity,rapid curing resins at ambient temperature rlii will be required for application of overlay materials. Dispensing system must meet RPC manufacturer's specifications. Submittals The Contractor shall prepare and submit the design mix for the Resilient Polymer Concrete,including samples of all components for each lot as described in Overlay Placement section of this document and deliver to Engineer or Owner. The Contractor must obtain approval prior to ordering any and all materials for application of the RPC overlay. The Contractor shall submit each of the following to the Engineer for approval: hilfl 1. The design mix report for the RPC overlay. 2. Certification that key personnel to be used in the application of the overlay material have a minimum 3 years experience in the application of Manufacturers RPC on Pavement(concrete decks)and 3 years hands-on ,r experience with plural component equipment specific to the application of the Manufacturer of the RPC. Delivery,Storage and Handling of Materials All materials shall be delivered unopened in their original containers bearing the manufacturer=s label,specifying date of manufacture,batch number,trade name brand,quantity and mixing ratio. Sufficient material to perform the entire RPC overlay application shall be in storage at the site prior to any field preparation,so that there shall be no delay in procuring the materials for each days application,unless other arrangements have been made in advance rrl with the on-site Engineer or Customer. The material shall be stored to prevent damage by the elements and to ensure the preservation of their quality and fitness for the work. The storage space shall be kept dean and dry. The temperatures of the storage space shall not fall below nor rise above that temperature recommended by the manufacturer. Every precaution shall be taken to avoid contact with flame.The containers shall be stored In a manner that will not allow leakage or spillage from one material to contact the containers of the others. Stored materials shall be inspected prior to their use and shall meet the requirements of this Specification at time of use. Any material which is rejected because of failure to meet the required tests or that has been damaged so as to cause rejections shall be immediately replaced by the Contractor at no additional cost to the State. Each shipment of RPC resins shall be accompanied by Material Safety Data Sheets(MSDS)and a Certificate of Compliance certifying that the materials conform to the requirements of these Special Provisions. rriY Appropriate impermeable protective garments shall be used by all workers who may contact the resins to prevent skin contact. If skin contact occurs the resins shall be immediately washed off. Clothing that becomes saturated with resins shall be removed immediately. Resilient Polymer Concrete(RPC) 1ir1 trr r The RPC base healer/sealer material shall be composed of three components: 1. Polymer blend diisocyanate Hardener Component(AA @) 2. Polymer-hybrid hydroxyl Base Component(AB®) 3. RPC Manufacturers=Approved Aggregate(s) �w The RPC wear course material shall be composed of three components: 1. Polymer blend diisocyanate Hardener Component(AA @) 2. Polymer-hybrid hydroxyl Base Component(AB @) 3. RPC Manufacturers=Approved Aggregate(s) r The RPC base healer/sealer resins shall consist of the following properties: we Mixed: Cured: Initial Set Time 1 -6 minutes Compressive Strength,psi ASTM C-39 2800-3200 Ready for Use @ 701 F. 10 B 60 Minutes Slant Shear, psi,ASTM C-882 @ 24 hr. 2000 + Mixed Color Natural, Black or Grey -ASTM C-882 @ 96 hr. -Load Applied @ 48K+ Failure outside adhesive joint Tensile Strength, psi,ASTM C-1404 300-500 Total Solids Content,EPA Method 160.3,% 98+ VOC Content, EPA Method 24A,g/L <20 The RPC wear course resins shall consist of the following properties rr Mixed: Cured: Initial Set Time 40 B 300 seconds Compressive Strength,psi ASTM C-39 1300-1600 Ready for Use @ 701 F. 5-30 Minutes Bond Strength,psi,ASTM C-882 600- 900 Mixed Color Black Flexural Strength,psi,ASTM-78 1400-1600 rr Total Solids Content,EPA Method 160.3,% 98-100 VOC Content,EPA Method 24,g/L <20 The RPC healer/sealer resins shall be one of the following approved products: e� URE-FAST R-60,manufactured by: URE-FAST INDUSTRIES div.of M.M.A.Products,LTD ar The RPC wear course resins shall be one of the following approved products: URE-FAST PF-60,manufactured by: URE-FAST INDUSTRIES ar div.of M.M.A.Products,LTD Local Technical Representatives/Stocking USA Distributor/Installer: err SULLIVAN SUPPLY Seattle,Washington,USA Ph.(800)201-9300 Aggregate The aggregate shall be approved by the RPC manufacturer prior to application. The base approved aggregate may be derived from a crushed basaltic gravel with a 2.7 specific gravity. The gradation of the base aggregate shall be based on the overall desired thickness of the overlay and shall meet the urethane polymer resin manufacturers specifications. The topping aggregate shall be determined by the finish desired. See your authorized RPC contractor or RPC Manufacturer for details. Contractor Qualifications The contractor/sub-contractor shall have a minimum 3 years experience working with RPC manufacturers materials and must be a dw licensed approved applicator of RPC manufacturers deck overlay product,as specified for use in the specification. The contractor/sub-contractor must demonstrate to the satisfaction of the Engineer/Owner his ability to perform the work as outlined in this specification by installing a test demonstration section of the overlay of at least 20 feet in length and width. Contractor/sub- contractor may be required to remove test demonstration overlay materials at contractor=s expense if the work is determined to be arr of poor quality or the contractor is determined unqualified by Engineer/Owner and RPC manufacturer. No additional payment will be made for the test demonstration work. Construction Requirements The Contractor shall arrange to have the RPC material supplier furnish technical service relating to application of material and ++� health and safety training for personnel who are to handle the RPC materials. This shall include a technical service representative on site for the entire overlay. RPC aggregates and resins are to be covered and protected from the elements in order to keep dry err so and avoid freezing prior to and during application. Evidence of moisture on aggregate will subject those materials to rejection and 1b will be replaced by the Contractor at the Contractors=expense. Equipment for Deck Preparation All equipment for preparing and cleaning the deck surface and applying the overlay shall be in strict accordance with the manufacturers requirements and approved by the Engineer/Owner prior to commencement of any work. 16 The deck surface shall be cleaned to remove contaminants prior to placing the RPC overlay. The pavement surface shall be dean, free of dust,and dry for proper adhesion of the RPC. Surface to be cleaned and roughened using automatic shot blast system equipped with vacuum recovery system.The shot blast equipment shall consist of a blasting unit and vacuum,both self propelled IN and shall recycle the blasting abrasive. All contaminants shall be picked up and stored in the vacuum unit. Surface Preparation The deck surfaces shall be prepared by removing all material which may act as a bond breaker between the surface and the overlay. This work shall be accomplished using conventional methods,subject to prior approval of the Engineer. Unsound pavement shall be removed and paid for on a TIME&MATERIALS basis using RPC liquids and aggregates to effect repairs. Those areas of pavement not accessible for cleaning by the shot blasting unit shall be blast cleaned using conventional methods;scarified,needle scaled or roughened in a method accepted and approved by the Engineer/Owner. These deck preparation operations shall cause no damage to the existing structure. Payment for deck preparation shall be incidental to the item AResilient Polymer Concrete Overlay@. Test Methods&Samples Contractor shall perform ratio tests to ensure proper equipment calibration prior to product installation. Prior to product installation, Contractor shall remove AA@&AB@ chemical lines from the dispensing gun. Disconnected ends shall be placed into separate quart-sized containers. Dispensing system shall be turned on allowing AA@&AB@ materials to flow into their individual containers. Dispensing system shall be turned off when approximately 16 ounces of liquid polymer materials(16 oz.AA@ component& 16 oz. AB@ component)have been dispensed into containers. Visual inspection shall be sufficient to determine metering compliance of 1:1 volume ratio requirement and shall be deemed within acceptable tolerance at+ 10%of each component. If not within acceptable tolerance,Contractor to repair deficiency and re-test until equipment deemed within compliance. The samples shall be retained for analysis in the event of premature wear or deterioration in the overlay. These samples shall be to used to verify the final mix ratio of the polymer. If a laboratory analysis determines these samples vary from the approved mix ratio, then these sections may be subject to rejection. Once equipment is determined within compliance,Contractor shall re-connect AA@&AB@ chemical lines to dispensing gun,attach 06 static mixing nozzle and pour three(3)sample tests of urethane-hybrid adhesive,excluding aggregate, of approximately two(2)to four(4)ounces each into HDPE(High Density Poly-ethylene)plastic test cups to verify mix,cure time,color and physical properties. Once urethane-hybrid adhesive deemed acceptable,Contractor shall place aggregates into test cups,pouring three more samples of approximately 2 a 4 ounce quantities,to verify cure time,physical properties and compatibility of aggregates with adhesive. Samples of the mixed urethane-hybrid polymer resin system,with and without aggregate, shall be taken prior to application,and again at the end of each days application. Samples may be required periodically throughout the project as deemed appropriate by the on-site Engineer/Owner or Manufacturers Technical Representative. These samples shall be placed in straight sided plastic 8 oz.(minimum)sealed containers. The containers shall be labeled with the date,time and location where taken. Once all overlay materials are determined within compliance, to the satisfaction of the on-site manufacturers agent and engineer/owner full production installation may begin. RPC Overlay Placement Immediately prior to applying the first coat of RPC,the surface shall be swept clean by compressed air to remove accumulated dust and any other loose material. The Contractor will take all necessary precautions to ensure no moisture or oil from the compressed tilt air cleaning operation is allowed to get on the deaned deck. Following the cleaning operation the first layer of RPC liquids are spray applied to the deck at a thickness sufficient to hold the chosen base aggregate.The manufacturer or their approved representative will determine appropriate thickness at time of application. Typical applications will use a 40-50 mils for base coat(approx.30-40 sq.ft./gal.-NOTE:product yield is an estimate. Rough or slightly irregular surfaces will require more material resulting in a lower yield,i.e.sq.R./gal will be less). lfl 6111 i 1111 *A v ' Once a sufficient area(approx.30+sq.ft.)of the deck has received its first layer of RPC liquids the Contractor shall immediately broadcast the approved Base Aggregate into the wet RPC liquids such that the entire surface is covered to excess,being careful not to spill aggregate on to prepared deck surface that is awaiting RPC liquid application. Continue application until the deck is completely coated. Once the first layer of RPC has cured(approx. 10-40 minutes, ,M depending on temperature)all loose,excess aggregate shall be swept or otherwise removed from the finished first layer overlay. Once all excess aggregate is removed begin the process again,applying a second layer of RPC over the first. Spray apply RPC liquids sufficient to cover Base Aggregate(approximately 60 mils thick= coverage rate of approx.25 sq.ft./gal. NOTE:product yield is an estimate. Rough or slightly irregular surfaces and larger aggregate choice will require more material resulting in a lower yield,i.e.sq.ft./gal will he less). Once a sufficient area(approx.30+sq.ft.)of the deck has received its second layer of RPC liquids immediately broadcast the approved Topping Aggregate into the wet RPC liquids such that the entire surface is covered to excess. Once the second layer of RPC has cured all loose,excess aggregate shall be swept or otherwise removed. Prior to opening to traffic a top coat of similar RPC resins shall be applied to the remaining exposed aggregate. The sealer top coat shall be applied at an application rate specified by the manufacturer,typically falling within a rate range of 100-150 square feet per gallon. Standard vehicular deck overlay coverage rates for all coats(base,2nd coat&top coat)will range between 12-15 sq.ft. per gallon,depending on condition of deck surface and aggregate choice.,yielding a minimum 3/80(three-eights)nominal thickness. For heavy-duty,high traffic count conditions,minimum 20(half-inch)nominal thickness is advised. +rr Curing The RPC overlay including sealer top coat shall be allowed to cure sufficiently before subjecting it to loads of traffic of any nature that may damage the overlay. The Contractor shall inform the Engineer of the expected cure time based upon the ,W ambient and deck temperatures at the time of the application. Actual degrees of cure and stability for traffic on the actual RPC overlay shall be determined by the manufacturer and be acceptable to the Engineer. The manufacturer shall determine,prior to bid,that its system will cure in sufficient time to satisfy the requirements for vehicular/pedestrian or industrial operations. Checking for Bond After the requirements for curing have been met,the entire overlaid surface shall be sounded by the Contractor,in a manner approved by and in the presence of the Engineer,to ensure total bond of the RPC to the deck. RPC in unbonded areas shall be removed and replaced with RPC by the Contractor,at the Contractor=s expense by the method specified err under AOverlay Placement*in these Special Provisions. Payment The unit contract price per square foot for AResilient Polymer Concrete Overlay@ shall be full pay to perform the work rr described under this item. to dw go rr MW wr ww +rw �r r rr err DRAWINGS ` `mwauw Or1OWNWr ...Err ammo.. .NONOW 91111Omw .r.r. qmwmm� ..NOMW wl.r "MONO r...r 9r...IW UNNOW "MEOW ...r 1 i 900000{ 0��{ Op� 00 000 A 4 nyg ' D 70 m ci app Z O ; gg iyo cry z y / �r R ; z� � + L ? 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Grady Way, Renton WA 98055 (Bid Opening immediately following, 5th Floor Conference Room #521) ADDENDUM #1 1. There is approximately 400 linear feet of surface cracks in the slab to be addressed. 2. Section 00300, Item E, Time for Completion is incorrect. Please refer to the AIA Contract for this information. 3. Article 5 Payments, Section 5.1.3 refers to the 2004 Accounts Payable Calendar but should refer to the current 2005 Accounts Payable Calendar. Any questions in reference to above may be directed to Greg Stroh, Facilities Manager, at 425-430-6614.