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HomeMy WebLinkAboutContract CAG-05-194 TM Docu ment A101 - 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 3 of . in the year of 0?06 6 (In words, indicate day, month and year) vv ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, address and other information) completion.The author may also have revised the text of the original City of Renton AIA standard form.An Additions and 1055 South Grady Way Deletions Report that notes added Renton,WA 98055 information as well as revisions to Telephone'Number;425-430-6608 the standard form text is available Fax Number: 425-430-6603 from the author and should be reviewed.A vertical line in the left and the Contractor: margin of this document indicates (Name, address and other information) where the author has added necessary information and where Flag Construction Co.,Inc.,General Corporation the author has added to or deleted Flag Construction Co.,Inc. from the original AIA text. 1311 S.Central,Suite E This document has important legal Kent,WA 98032' consequences. Consultation with an Telephone Number:253-859-3870 attorney is encouraged with respect Fax Number: 253=859-4550 to its completion or modification. AIA Document A201-1997,General The Project is: Conditions of the Contract for (Name and location) Construction,is adopted in this document by reference.Do not use Renton Community Center Storage Room Addition with other general conditions unless 1715 Maple Valley Highway this document is modified. Renton,WA 98055 This document has been approved The Architect is: and endorsed by The Associated (Name, address and other information) General Contractors of America. City of Renton 1055 South Grady Way` Renton,WA 98055 Telephone Number:425430-6608 Fax Number:425-430-6603 The Owner and Contractor agree as follows. Init. AIA Document A101TIA—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 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. 1 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:23:45 on 06/16/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (120602166) `ame 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,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §31 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.) The commencement date will be fixed in a notice to proceed. lf,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: §32 The Contract Time shall be measured from the date of commencement. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 120 days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions,'if any,for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) Liquidated damages in the sum of$200.00 per day shall apply. ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be One Hundred Sixty-three Thousand Nine Hundred Eighty-nine Dollars and Zero Cents ($ 163,989.00),subject to additions and deductions as provided in the Contract Documents. §4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. 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 ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Init. Institute of Architects. All rights reserved. WARNING:This AIA! Document is protected by U.S.Copyright Law and International Treaties. 2 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 09:23:45 on 06/16/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (120602166) §43 Unit prices,if any,are as follows: Description Units Price($0.00) ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: (Paragraph deleted) §5.1.3 The City of Renton operates on a two-week cycle according to the 2006 Accounts Payable Calendar,a copy of which will be provided to the Contractor. Applications for payment must be received by the Owner a minimum of one week prior to any purchase order cutoff date to be processed in that run. §5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule,unless objected to by the Architect,shall be used as`a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end'of the period covered by the Application for Payment. §5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of Five percent ( 5.00%v).Pending final determination 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 that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainageaof Five percent ( 5.00%); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: AIA Document A101Tm—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Init. 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 AWA 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 09:23:45 on 06/16/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (120602166) .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 (Section 9.8.5 of AIA 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 materially delayed through no fault of the Contractor,any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-1997. §5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.61 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) None §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. §52 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 no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: ARTICLE 6 TERMINATION OR SUSPENSION §6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997; §6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS §7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents, §7.2 Payments due'and<unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Zero percent(0.40%)per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) AIA Document A101TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Init. 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 Al '' 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 09:23:45 on 06/16/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (120602166) i '*M01 §7.3 The Owner's representative is: (Name,address and other information) Michael Nolan 1055 South Grady Way Renton,WA 98055 §7.4 The Contractor's representative is: (Name, address and other information) R.E. Schnell Flag Construction Co.,Inc. 1311 S.Central,Suite E Kent,WA 98032 §76 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: §8.1.9 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,AIA Document A101-1997. §8,9:2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Document A201-1997. §8.9.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated November 01,2005,and are as follows Document Title Pages 00800 Special Conditions 2 00810 Insurance Provisions 5 §8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3,and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages Project Specifications : Renton Community Center Entire Storage Room Additions §8,1.5 The Drawings are 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.) Number Title Date A-1 Site Plan 11/28/2005 A-2 Floor Plan,Roof Plan 11/28/2005 AIA Document A101TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Init. 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 09:23:45 on 06/16/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (120602166) d Nw *.w A-3 Elevations, Sections 11/28/2005 A-4 Wall Sections,Details 11/28/2005 A-5 Details 11/28/2005 S1.0 General Structural Notes 11/28/2005 S2.0 Structural Plans 11/28/2005 S3.1 Structural Details 11/28/2005 §8.1.6 The Addenda,if any,are as follows: Number Date Pages l 1 12/9/2005 4 I 2 12/14/2005 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 A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies,of which one is to be delivered to the Contractor,one to j1Ye Architect for use in the administration of the Contrae anj the remainder to the Owner. / 407S 1 OWNS ignatur ) CONTRACTOR(Signature) Kathy Keolker,Mayor R.E. Schnell,President (Printed name and title) (Printed name and title) ATTEST(Signature) Corporation Secretary(Signature) Bonnie Walton,City Clerk'; T t}-TW 1 C",/ (Printed name and title) (Printed name and title) •Cp •• r AIA Document A101TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Init. 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 Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:23:45 on 06/16/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (120602166) a 1 o TM AIA Document A201 - 1997 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address): ADDITIONS AND DELETIONS: Renton Community Center Storage Room Addition The author of this document has 1715 Maple Valley Highway added information needed for its Renton,WA 98055 completion.The author may also have revised the text of the original THE OWNER: AIA standard form.An Additions and (Name and address): Deletions Report that notes added City of Renton information as well as revisions to 1055 South Grady Way the standard form text is available Renton,WA 98055 from the author and should be reviewed.A vertical line in the left THE ARCHITECT margin of this document indicates (Name and address): where the author has added City of Renton necessary information and where Facilities Division the author has added to or deleted 1055 South Grady Way from the original AIA text. Renton,WA 98055 This document has important legal Telephone; 425-430-6608 consequences. Consultation with an Fax: 425430-6603 attorney is encouraged with respect to its completion or modification. This document has been approved TABLE OF ARTICLES and endorsed by The Associated General Contractors of America 1 GENERAL PROVISIONS 2 OWNER, 3 CONTRACTOR 4 ADMINISTRATION OF THE CONTRACT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958, 1961,1963,1966,1970,1976,1987 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) *taw *Moe 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) y r r .r,i 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, 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 4.3,4,4.3.5,4.3.6,6.1.1, 10.3 Architect's Project Representative Additional Inspections and Testing 4.2.10 9.8..3, 12.2.1, 13.5 Architect's Relationship with Contractor Additional 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, 4.3.4,4.3.7,8.3.2 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, 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, Advertisement or Invitation to Bid 13.4.2, 13.5 1.1.1 Architect's Relationship with Subcontractors Aesthetic Effect 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.4.7 4.2.13,4.5.1 Architect's Representations Allowances 9.4.2,9.5.1,9.10.1 3.8 Architect's Site Visits All-risk Insurance 4.2.2,4.2.5,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 1:1.4.1.1 13.5 Applications for Payment Asbestos 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, 10.3.1 9.10, 11.1.3,14.2.4, 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 Arbitration 6.1.1,6.1.2 4.3.3,4.4,4.5.1,4.5.2,'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, 3.12.7,4.2,4.3,6,44,5.2,6.3,7.1.2,7.3.6,7.4, 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 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 1.3 Architect's Administration of the Contract Certificate of Substantial Completion AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) Nose 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, 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 9.10.3, 13.7, 14.1.1.3, 14.2.4 Concealed or Unknown Conditions Certificates of Inspection,Testing or Approval 4.3.4,8.3.1, 10.3 13.5.4 Conditions of the Contract Certificates of Insurance 1.1.1, 1.1.7,6.1.1,6.1.4 9.10.2, 11.1.3 Consent,Written Change Orders 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 1.1.1,2.4.1,3.4.2,3.8.2.3,3.11.1,3.12.8,4.2.8,4.3.4, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 4.3.9,5.2.3,7.1,7.2,7.3,8.3.1,9.3.1.1,9.10.3, CONSTRUCTION BY OWNER OR BY 11.4.1.2, 11.4.4, 11.4.9, 12.1.2 SEPARATE CONTRACTORS Change Orders,Definition of 1.1.4,6 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 Claim,Definition of 1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 4.3.1 Construction Schedules,Contractor's Claims and Disputes 1.4.1.2, 3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 3.2,3,4.3,4.4,4.5,4.6,6.1.1,6.3,7.3.8, 9.3.3,9.10.4, Contingent Assignment of Subcontracts 10,3.3 5.4,14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance 4.6.5 4.3.3 Claims for Additional Cost Contract,Definition of 3.23,4.3.4,4.3.5`,4.3.6,6.1.1,7.3.8, 10.3.2 1.1.2 Claims for Additional Time CONTRACT,TERMINATION OR 3.2.3,4.3.4,4.3.7,6.1.1,8.3.2, 10.3.2 SUSPENSION OF THE Claims for Concealed or Unknown Conditions 5.4.1.1, 11.4.9, 14 4.3.4 Contract Administration Claims for Damages 3.1.3,4,9.4,9.5 3.2.3,3.18,4.3.10,6.1.1„8.3.3,9.5.1,9.6.7, 10.3.3, Contract Award and Execution,Conditions Relating 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 to Claims Subject to Arbitration 3.7.1,3.10,5.2,6.1, 11.1.3, 11.4.6, 11.5.1 4.4.1,4.5.1,4.6.1 Contract Documents,The Cleaning Up 1.1, 1.2 3.15,6.3 Contract Documents,Copies Furnished and Use of Commencement of Statutory Limitation Period 1.6,2.2.5,5.3 13.7 Contract Documents,Definition of Commencement of the Work,Conditions Relating to 1.1.1 2.2.1,3.2.1,3.4.1, 3.7.1,3.10.1,3.12.6,4.3.5,5.2.1, Contract Sum 5.2.3,6.2.2,8.1.2, 8.2.2,8.3.1, 1 L 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 9 ', Contractor,Definition of Completion,Substantial 3.1,6.1.2 4.2.9,8.1.1,8.1.3, 8.2.3,9.4.2,9.8,9.9.1,9.10.3, Contractor's Construction Schedules 9.10.4.2, 12.2, 13.7 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 Compliance with Laws Contractor's Employees AIA Document A201 T'”—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA& Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent passible under the law. This document was produced by AIA software at 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) 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 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 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 Contractor's Representations Day,Definition of 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 8.1.4 Contractor's Responsibility for Those Performing the Decisions of the Architect Work 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, 3.3;2,3.18,,4.2.3,4.3.8,5.3.1,6.1.3,6.2, 6.3,9.5.1, 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3, 8.3.1,9.2,9.4, 10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Contractor's Review of Contract Documents Decisions to Withhold Certification 1.5.2,3.2,3.7.3 9.4.1,9.5,9.7, 14.1.1.3 Contractor's Right to Stop the Work Defective or Nonconforming Work,Acceptance, 9.7' 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, 4.3.10, 14.1 9.9.3,9.10.4, 12.2.1, 13.7.1.3 Contractor's Submittals Defective Work,Definition of 3-10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2,9.3, 3.5.1 9.8:2,9.8.3,9.9.1,,9.111.2,9.10.3, 11.1.3, 11.5.2 Definitions Contractor's Superintendent 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 3.9, 10.2.6 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 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, 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 6.2.4,'7.1.3,73.4,7`.3.6,8.2, 10, 12, 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 16,3.17 Effective Date of Insurance Correction of Work 8.2.2, 11.1.2 13 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 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 A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA! Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA"' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) 1.1.3, 1.2.1, 1.2.2,2.2.3,2.2.5,3.1,3.3,3.4,3.5,3.7, Insurance,Project Management Protective 3.10,3.12,3.14,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3,7.3.4, Liability 8.2 9.5,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 11.3 Extensions of Time Insurance,Property 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3,7.4.1, 10.2.5, 11.4 9,5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 Insurance,Stored Materials Failure of Payment 9.3.2, 11.4.1.4 4.3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 INSURANCE AND BONDS Faulty Work 11 (See Defective or Nonconforming Work) Insurance Companies,Consent to Partial Occupancy Final Completion and Final Payment 9.9.1, 11.4.1.5 4.2.1,4.2.9,4.3,2,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, Insurance Companies,Settlement with 11.4.5, 12.3.1, 13.7, 14,2.4, 14.4.3 11.4.10 Financial Arrangements,Owner's Intent of the Contract Documents 2.2.1, 13.2.2, 14.1.1.5 1.2.1,4.2.7,4.2.12,4.2.13,7.4 Fire and Extended Coverage Insurance Interest 11.4 13.6 GENERAL PROVISIONS Interpretation 1 1.2.3, 1.4,4.1.1,4.3.1,5.1,6.1.2, 8.1.4 Governing Law Interpretations,Written 13,1 4.2.11,4.2.12,4.3.6 Guarantees{See Warranty) Joinder and Consolidation of Claims Required Hazardous Materials 4.6.4 10.2.4, 10.3, 10.5 Judgment on Final Award Identification of Contract Documents 4.6.6 1.5.1 Labor and Materials,Equipment Identification 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, 5.2.1 42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, Indemnification > 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 3.17,3.18,9.10.2,+10.3.3,'10.5, 11.4.1.2, 11.4.7 Labor Disputes Information and Services Required of the Owner 8.3.1 2.1.2,21,3.2.1,3.12,4,3.12.10,4.2.7,4.3.3,6.1.3, Laws and Regulations 6.1.4,6.2.5;9.3,2,9.6.1,9.6.4,9.9.2,9.10,3, 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, 11.2, 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, Injury or Damage to Person or Property 13.5.2, 13.6, 14 4.3.8,10.2,10.6 Liens Inspections 2.1.2,4.4.8,8.2.2,9.3.3,9.10 3.1.3,3.3.3,3.7,1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.2, Limitation on Consolidation or Joinder 9.8.3,9.9.2;9.10:1, 12.2.1, 13.5 4.6.4 Instructions to Bidders 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, 3.18.1,6.1'1,7.3.6;8.2.1,9.3.2,9.8.4,9.9.1,9.10.2, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 9.10.5, 11 Limitations of Time Insurance,Boiler and Machinery 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10, 3.11, 3.12.5,3.15.1, 11.4.2 4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.4,7.3,7.4, Insurance,_Contractor's Liability 8.2,9.2, 9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, 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 8.2.2, 11.1.2 Loss of Use Insurance Insurance,Loss of Use 11.4.3 11.4.3 Material Suppliers Insurance,Owner's Liability 1.6,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 11.2 Materials,Hazardous 10.2.4, 10.3, 10.5 AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. s Unauthorized reproduction or distribution of this AWC. 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) ._a *1Ye %NO, Materials,Labor,Equipment and 1.6,2.1.1,2.3,2.4,3.4.2, 3.8.1,3.12.10,3.14.2,4.1.2, 1.1.3, 1.1.6, 1.6.1,3.4,3.5.1,3.8.2,3.8.23,3.12,3.13, 4.1.3,4.2.4,4.2.9,4.3.6,4.4.7, 5.2.1,5.2.4,5.4.1, 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1, 7.3.6,9.3.2,9.3.3, 6.1,6.3,7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2,9.5.1, 9.5.1.3,9.10.2, 10.2.1, 10.2.4, 14.2.1.2 9.9.1,9.10.2, 10.3.2, 11.1.3, 11.3.1, 11.4.3, 11.4.10, Means,Methods,Techniques, Sequences and 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Procedures of Construction Owner's Financial Capability 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 2.2.1, 13.2.2, 14.1.1.5 Mechanic's Lien Owner's Liability Insurance 4.4.8 11.2 Mediation Owner's Loss of Use Insurance 4.4.1,4.4.5,4,4.6,4.4.8,4.5,4.6.1,4.6.2, 8.3.1, 10.5 11.4.3 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 2.3,2.4,'3.5.1,4.2.6,6.2.5,9.5.1,9.8.2,9.9.3,9.10.4, 14.2 12.2.1, 13.7.1.3 Ownership and Use of Drawings,Specifications Notice and Other Instruments of Service 2.2.1,2.3,2.4,3.2.3,3.3.1x3:7.2,3.7.4,3.12.9,4.3, 1.1.1, 1.6,2.2.5,3.2.1,3.11.1,3.17.1,4.2.12,5.3 4.4.8,4.6.5,5.2.1,8.2.2,9 7,9.10, 10.2.2, 11.1.3, Partial Occupancy or Use 11.4.6, 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,;3,12.9,3.12.10,4.3,4.4.8,4.6.5, 3.14,6.2.5 5.2.1,8.2.2,9.7,9.10, '10.2.2, 10.3, 11.1.3, 11.4.6, Patents 12.2.2, 12.2A,13.3,44 3.17 Notice of Testing and Inspections Payment,Applications for 13.5.1, 13.5.2 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 1.52,3.2,3.7.3,4.3.4 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 1.1.1,2.3,3.9,43.6,7,8.2.2, 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 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 Owner's Authority 10.3.1 AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 7 Unauthorized reproduction or distribution of this AWc 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) Performance Bond and Payment Bond Review of Contractor's Submittals by Owner and 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 Architect Permits,Fees and Notices 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 2.2.2,3.7 3.13,7.3.6.4, 10.2.2 Review of Shop Drawings,Product Data and PERSONS AND PROPERTY,PROTECTION Samples by Contractor OF 3.12 10 Rights and Remedies 1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6,4.3.4,4.5,4.6,5.3, Polychlorinated Biphenyl 5.4,6.1,6.3,7.3.1, 8.3,9.5.1,9.7, 10.2.5, 10.3, 10,3.1 12.2.2, 12.2.4, 13.4, 14 Product Data,Definition of Royalties,Patents and Copyrights 3.12.2 3.17 Product Data and Samples,Shop Drawings Rules and Notices for Arbitration 3.11,3.12,4.2.7 4.6.2 Progress and Completion Safety of Persons and Property 4.2.2,4.3.3,8.2,9.8,9.9.1, 14.1.4 10.2,10.6 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 1.1.7 Schedule of Values Project Manuals 9.2,9.3.1 2.2.5 Schedules, Project Representatives 1.4.1.2, 3.10,3.Construction12.1,3.12.2,4.3.7.2, 4.2;10 6.1.3 Property Insurance Separate Contracts and Contractors 10.2.5, 11.4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1, PROTECTION OF PERSONS AND PROPERTY 11.4.7, 12.1.2, 12.2.5 10 Shop Drawings,Definition of Regulations and Laws 3.12.1 1.6,3.2.2,3.6,3.7,3.12,10,3.13,4.1.1,4.4.8,4.6, Shop Drawings,Product Data and Samples 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 3.11,3.12,4.2.7 13.5.2, 13.6, 14 Site,Use of Rejection of Work 3.13,6.1.1,6.2.1 3.5.1,4.2.6, 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 4.4 4.5,4.6 Statute of Limitations Responsibility for Those Performing the Work 4.6.3, 12.2.6, 13.7 3.3.2,3.18,,4.2.3,'4.3.8,5.3.1,6.1.3,6.2, 6.3,9.5.1, Stopping the Work 10 2.3,4.3.6,9.7, 10.3, 14.1 Retainage Stored Materials 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 6.2.1,9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Review of Contract Documents and Field Subcontractor,Definition of Conditions by Contractor 5.1.1 1.5.2,3.2,3.7.3,3.12.7,6.1.3 SUBCONTRACTORS AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. $ Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) 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 1.4.2,1,14.3.2 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, 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 Substitution of Subcontractors Time Limits on Claims 5.2.3,5.2.4 4.3.2,4.3.4,4.3.8,4.4,4.5,4.6 Substitution of Architect Title to Work 4.1.3 9.3.2,9.3.3 Substitutions of Materials UNCOVERING AND CORRECTION OF 3.4,2,3.5.1,7.3.7 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 13.2 Unit Prices Superintendent 4.3.9,7.3.3.2 3.9 10,2 Use of Documents Supervision and Construction Procedures 1.1.1, 1.6,2.2.5,3.12.6,5.3 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,"6.1.3, Use of Site 6.2,4,7.1.3,7.3.6,8.2, 8.3.1,9.4.2, 10, 12, 14 3.13,6.1.1,6.2.1 Surety Values,Schedule of 4.4.7,5.4.1.2,9.8.5,9.10.2,9.10.3, 14.2.2 9.2,9.3.1 Surety,Consent of Waiver of Claims by the Architect 9.10.2,9.10.3 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 4.16,5.4.1.1, 114:9, 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 43.10,14.1 Warranty Termination by the Owner for Cause 3.5,4.2.9,4.3.5.3,9.3.3,9.8.4,9.9.1,9.10.4,12.2.2, 4.3.10,5.4.1.1,14.2 13.7.1.3 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 A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) 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 AIA Document A201*rm—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 1 O 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) •..i ARTICLE 1 GENERAL PROVISIONS §1.1 BASIC DEFINITIONS 1,1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor(hereinafter the Agreement), Conditions of the Contract(General, Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include other documents such as bidding requirements(advertisement or invitation to bid,Instructions to Bidders, sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements). §1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Architect and Contractor,(2)between the Owner and a Subcontractor or Sub-subcontractor,(3)between the Owner and Architect or(4)between any persons or entities other than the Owner and Contractor.The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. §1.1.3 THEWORK The term"Work"means the construction and services required by the Contract Documents, whether completed or partially completed,and includes all other labor,materials,equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. §1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or n part and which may include construction by the Owner or by separate contractors. §1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design,location and dimensions of the Work,generally including plans,elevations,sections,details, schedules and diagrams. §1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment,systems,standards and workmanship for the Work,and performance of related services. §1.1.7 THE, ROJECT 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. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) §1.3 CAPITALIZATION §1.3.1 Terms capitalized in these General Conditions include those which are(1)specifically defined,(2)the titles of numbered articles or(3)the titles of other documents published by the American Institute of Architects. §1.4 INTERPRETATION §1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as"all" and"any" and articles such as "the" and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. §1.5 EXECUTION OF CONTRACT DOCUMENTS §'1.5.1 The Contract Documents shall be signed by the Owner and Contractor.If either the Owner or Contractor or both do not sign,all the Contract Documents,the Architect shall identify such unsigned Documents upon request. §1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §``1.6 OWNERSHIP AND USE OF DRAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE §1.6.1 The Drawings,Specifications and other documents,including those in electronic form,prepared by the Architect and the Architect's'consultants are Instruments of Service through which the Work to be executed by the Contractor is described.The Contractor may retain one record set.Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants,and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory`and other reserved rights,in addition to the copyrights.All copies of Instruments of Service,except the Contractor's record set,shall be returned or suitably accounted for to the Architect,on request,upon completion of the Work.The Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants,and copies thereof'`furnished to the Contractor,are for use solely with respect to this Project.They are not to be used by the Contractor or any Subcontractor,Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,Architect and the Architect's consultants.The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents.All copies made under this authorization shall bear the statutory copyright notice,if any,shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect'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. 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 correct statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. §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 A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 12 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) . `ow 'rwr 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. §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 has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by 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 fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may after such seven-day period give the Contractor a second 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, the Owner may,without prejudice to other remedies the Owner may have,correct such deficiencies.In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the 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. §31.2 The Contractor shall perform the Work in accordance with the Contract Documents. §3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract,or by tests, inspections or approvals required or performed by persons other than the Contractor. §3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §3.2.1 Since the Contract Documents are complementary,before starting each portion of the Work,the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 13 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) Work,as well as the information furnished by the Owner pursuant to Section 2.2.3,shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,any errors,inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. §3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect,but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents.The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances,building codes,and rules and regulations,but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. §3,2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1 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. §33 SUPERVISION AND CONSTRUCTION PROCEDURES §3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for and have control over construction means,methods,techniques,sequences and procedures and for coordinating all portions of the Work under the Contract,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 thereof and,except as stated below,shall be fully and solely responsible for the jobsite safety of such means,methods,techniques,;sequences or procedures.If the Contractor determines that such means, methods, techniques,sequences or procedures may not be safe,the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect.If the Contractor is then instructed to proceed with the required means,methods,techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. §3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or 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. §3.4 LABOR AND MATERIALS §3A.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery, water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. §3A.2 The Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect 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 skilled in tasks assigned to them. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) �.�✓ ter' §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. §3,6 TAXES §3.6.1 The Contractor shall pay sales,consumer, use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. §3.7 PERMITS,FEES AND NOTICES §3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the 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 Contract 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. §VA 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 Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. §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; .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. §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 A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) communications shall be confirmed in writing.Other communications shall be similarly confirmed on written request in each case. §3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES §3.10.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for,the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. §3.10.2 The Contractor shall prepare and keep current, for the Architect's approval,a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. §3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. §'3.11 DOCUMENTS AND SAMPLES AT THE SITE §3.11,1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,Specifications, Addenda,Change Orders and other Modifications,in good order and marked currently to record field changes and selections made during construction,and one record copy of approved Shop Drawings,Product Data,Samples and similar required submittals.These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work. §3.12 SHOP DRAWINGS,PRODUCT DATA AND SAMPLES §3.12.1 Shop Drawings are drawings,diagrams,schedules and other data specially prepared for the Work by the Contractor or a Subcontractor,Sub-subcontractor,manufacturer,supplier or distributor to illustrate some portion of the Work. §3.12.2 Product Data are illustrations,standard schedules,performance charts,instructions,brochures,diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. §3.12.3 Samples are physical examples which illustrate materials,equipment or workmanship and establish standards by which the Work will be judged. §3.12.4 Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents.The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Corktractor proposes to conform to the information given and the design concept expressed in 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 Architect Shop Drawings,Product Data,Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors.Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. §3.12.6 By approving and submitting Shop Drawings,Product Data,Samples and similar submittals,the Contractor represents that the Contractor has determined and verified materials,field measurements and field construction criteria related thereto,or will do so,and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. §3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data,Samples or similar submittals until the respective submittal has been approved by the Architect. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 16 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) §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 authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data, Samples or similar submittals by the Architect's approval thereof. §3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, Samples or similar submittals,to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. §3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of 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 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 professionals,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 given 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. §3,13 USE OF SITE §3.13.1 The Contractor shall confine operations at the site to areas permitted by law,ordinances,permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. §3.14 CUTTING AND PATCHING §3.14.1 The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make its parts fit together properly. §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 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 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. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) NOW §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 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 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 to attorneys' fees,arising out of or resulting from performance of the Work,provided that such claim,damage,loss or expense is attributable to bodily injury, sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),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, regardless of whether or not such claim,damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 3.18. §3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT §4.1 ARCHITECT §4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The term"Architect"means the Architect or the Architect's authorized representative. §4.1.2 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Owner,Contractor and Architect. Consent shall not he unreasonably withheld. §4.1.3 If the employment of the Architect is terminated,the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the 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,froth time to time during the one-year period for correction of Work described in Section 12.2.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise;modified in writing in accordance with other provisions of the Contract. §4.2.2 The Architect,as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations(1)to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed,(2)to endeavor to guard the Owner against defects and AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) 'r✓ *wn► deficiencies in the Work,and(3)to determine in general if the Work is being performed in a manner indicating that the Work,when fully completed, will be in accordance with the Contract Documents.However,the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of,nor be responsible for,the construction means,methods, techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents,except as provided in Section 3.3.1. §4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. §4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized,the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract.Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and material suppliers shall be through the Contractor.Communications by and with separate contractors shall be through the Owner. §4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. §416 The Architect will have authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with 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 exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,material and equipment suppliers,their agents or employees,or other persons or entities performing portions of the Work. §4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner,Contractor or separate contractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of 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 A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This A10 Document is protected by U.S.Copyright Law and International Treaties. 19 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) ire *✓ §4.2.11 The Architect will interpret and decide matters concerning performance under and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Section 4.2,then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. §4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings.When making such interpretations and initial decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. §4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. §4.3 CLAIMS AND DISPUTES §4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking,as a matter of right,adjustment or interpretation of Contract terms,payment of money,extension of time or other relief with respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice.The responsibility to substantiate Claims shall rest with the party making the Claim. §4.3.2 Time Limits on Claims.Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such'Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.Claims must be initiated by written notice to the Architect and the other party. §4.3.3 Continuing Contract 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. §4.3.4 Claims for Concealed or Unknown Conditions.If conditions are encountered at the site which are(1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature,which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Doetimont5,then notice by the observing party shall be given to the other party promptly before conditions are disturbed and'iln no event later than 21 days after first observance of the conditions.The Architect will promptly investigate such conditions and,if they differ materially and cause an increase or decrease in the Contractor's cost of,or time required for,performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time,or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing,stating the reasons.Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision.If the conditions encountered are materially different,the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time,the adjustment shall be referred to the Architect for initial determination,subject to further proceedings pursuant to 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. §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 filed in accordance with this Section 4.3. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 20 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) §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 application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted. §4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes: .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit except anticipated profit arising directly from 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 liquidated direct damages,when applicable,in accordance with the requirements of the Contract Documents. §4.4 RESOLUTION OF CLAIMS AND DISPUTES §4.4.1 Decision of Architect. Claitns,'including those alleging an error or omission by the Architect but excluding those arising under Sections 10.3 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 Architect will either reject or approve the Claim in whole or in part. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. 21 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) §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 Contractor.If the Architect renders a decision after arbitration proceedings have been initiated,such decision may be entered as evidence,but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. §4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter,the Architect or the Owner may,but is not obligated to,notify the surety,if any,of the nature and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Architect or the Owner may,but is not obligated to,notify the surety and request the surety's assistance in resolving the controversy. §4.4:8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by the Architect,by mediation or by arbitration. §4.5 MEDIATION §4.5.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Sections 4.3.10,9.10.4 and 9.10.5 shall,after initial decision by the Architect or 30 days after submission of the Claim to the Architect,be subject to mediation as a condition precedent to arbitration or the institution of 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 Association currently in effect.Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association.The request may be made concurrently with the filing of a demand for arbitration but,in such event,mediation shall proceed in advance of arbitration or legal or 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 by agreement of the parties or court order. §4.5.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. §46 ARBITRATION §4.6.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in 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 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. §4.6.3 A demand for arbitration shall be made within the time limits specified in Sections 4.4.6 and 4.6.1 as applicable,and in other cases within a reasonable time after the Claim has arisen,and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Section 13.7. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) §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 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 therein.The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. §4.6.5 Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. §4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS §51 DEFINITIONS §5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The term''"Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.The term"Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. §5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site.The term"Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. ,§51 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK §5.2.1 unless otherwise stated in the Contract Documents or the bidding requirements,the Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the names of persons or entities(including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work.The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect,after due investigation,has reasonable objection to any such proposed person or entity.Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable'objection. §5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. §5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by 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. §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. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) §5.3 SUBCONTRACTUAL RELATIONS §5.3.1 By appropriate agreement,written where legally required for validity,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work,which the Contractor,by these Documents, assumes toward the Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the benefit of all rights,remedies and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. §5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS §5A.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. § 5.4.2 Upon such assignment,if the Work has been suspended for more than 30 days,the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS §'6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS §6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and to sward separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation.If the Contractor claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall make such Claim as provided in Section 4.3. §6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site,the term"Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor 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 Contractor shall snake 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 related to the Project with the Owner's own forces,the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract,including, without excluding others,those stated in Article 3,this Article 6 and Articles 10, 11 and 12. §6.2 MUTUAL RESPONSIBILITY §6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) §6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor,the Contractor shall,prior to proceeding with that portion of the Work,promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results.Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work,except as to defects not then reasonably discoverable. §6,2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays,improperly timed activities or 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. §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 §6.3.1 If a dispute arises among the Contractor,separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK §7.1 GENERAL §7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. §7;1.2 A Change Order shall be based upon agreement among the Owner,Contractor and 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 in the Work may be issued by the Architect alone. §7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents,and the Contractor shall proceed promptly,unless otherwise provided in the Change Order,Construction Change Directive or order for a minor change in the Work. §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 bath.The Owner may by Construction Change Directive, without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and Contract Time being adjusted accordingly. §7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 25 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) 'rar' §7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 as provided in Section 7.3.6. §7.3.4 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method,if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. §7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith,including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. §7,3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,a reasonable allowance for overhead and profit.In such case,and also under Section 7.3.3.3,the Contractor shall keep and present,in such form as the Architect may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.6 shall be limited to the following: .1 costs of labor,including social security,old age and unemployment insurance,fringe benefits required by agreement or custom,and workers' compensation insurance; ,2 costs of materials,supplies and equipment,including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment,exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance,permit fees,and sales, use or similar taxes related to the Work;and .5 additional costs of supervision and field office personnel directly attributable to the change. §7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect.When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. §7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner,amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs.For any portion of such cost that remains in dispute,the Architect will make an interim determination for purposes of monthly certification for payment for those costs.That determination of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the right of either party to disagree and assert a claim in accordance with Article 4. §7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. §7.+4 MINOR CHANGES IN THE WORK §7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor.The Contractor shall carry out such written orders promptly. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) %1W *Mw ARTICLE 8 TIME §81 DEFINITIONS §8.1.1 Unless otherwise provided,Contract Time is the period of time, including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. §8.1.2 The date of commencement of the Work is the date established in the 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. §82 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 and Owner.The date of commencement of the Work shall not be changed by the effective date of such insurance.Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner,the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. §8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. §8.3 DELAYS AND EXTENSIONS OF TIME §8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect,or of an employee of either,or of a separate contractor employed by the Owner,or by :changes ordered in the Work,or by labor disputes,fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control,or by delay authorized by the Owner pending mediation and arbitration,or by other causes which the Architect determines may justify delay,then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. §8.3.2 Claims relating to time 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 §9.1 CONTRACT SUM §9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. §9.2 SCHEDULE OF VALUES §9.2.1 Before the first Application for Payment,the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work,prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. §9.3 APPLICATIONS FOR PAYMENT §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 27 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) F• payment as the Owner or Architect may require,such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents. §9.3.1.1 As provided in Section 7.3.8,such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. §9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier,unless such Work has been performed by others whom the Contractor intends to pay. §9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing.Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable insurance,storage and transportation to the site for such materials and equipment stored off the site. §9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no'later`than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge,information and belief,be free and clear of liens,claims, security interests..or encumbrances in favor of the Contractor,Subcontractors,material suppliers,or other persons or entities making a'claim by reason of having provided labor,materials and equipment relating to the Work. §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 the Owner a Certificate for Payment,with a copy to the Contractor, for such amount as the Architect determines is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. §9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment,that the Work has progressed to the point indicated and that,to the best of the Architect's knowledge,information and belief,the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on- site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques, sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data,requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §9.5 DECISIONS TO WITHHOLD CERTIFICATION §9.5.1 The 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 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 T"'—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) .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. §9.6 PROGRESS PAYMENTS §9,6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so notify the Architect. §9.6.2 The Contractor shall promptly pay each Subcontractor,upon receipt of payment from the Owner,out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work,the amount to which said Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. §9.6.3 The Architect will,on request,furnish to a Subcontractor,if practicable,information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. §9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. §9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in 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 by the Contractor 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 start-up,plus interest as provided for in the Contract Documents. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) NOW *40W §9.8 SUBSTANTIAL COMPLETION §9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. §9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. §9.8.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete.If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor shall,before issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by the Architect.In such case,the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. §9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion,shall establish responsibilities of the Owner and Contractor for security,maintenance, heat,utilities,damage to the Work and insurance,and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. §9.8.8 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 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. §9.9 PARTIAL OCCUPANCY OR USE §9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented to by the insurer as required under Section 11.4.1.5 and authorized by public authorities having jurisdiction over the Work.Such partial,occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retanage,if any,security, maintenance,heat,utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents'.When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under 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 the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. §9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. §9.10 FINAL COMPLETION AND FINAL PAYMENT §9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the 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 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 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. 30 Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) 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. §9.10.3 If,after Substantial Completion of the Work,final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall,upon application by the Contractor and certification by the Architect,and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed and accepted.If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment.Such payment shall be made under terms and conditions governing final payment, except that it shall not Constitute a waiver of claims. §9,10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1' liens,Claims,security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents;or .3 terms of special warranties required by the Contract Documents. §9.10.5 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY §10.1 SAFETY PRECAUTIONS AND PROGRAMS §10.1.1 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 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) §10.2.3 The Contractor shall erect and maintain,as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. §10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. §10.2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3,except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. §10.2.$The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. §14.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. §10,3 HAZARDOUS MATERIALS §14.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB), encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. §10.3,2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and,in the event such material or substance is found to be present,to verify that it has been rendered harmless.Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner.If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection.When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down,delay and start-up, which adjustments shall be accomplished as provided in Article 7. §10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless 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 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 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. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) §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 §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 for damages because of bodily injury,occupational sickness or disease,or death of the Contractor's employees; .3 claims for damages because of bodily injury,sickness or disease,or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage; .5 claims for damages,other than to the Work itself,because of injury to or destruction of tangible property,including loss of use resulting therefrom; .6 claims for damages because of bodily injury,death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations;and ,8 claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. §11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law,whichever coverage is greater.Coverages,whether written on an occurrence or claims-made basis,shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. §11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work.These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner.If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available,an additional certificate evidencing continuation of such coverage shall be submitted with the finial',Application for Payment as required by Section 9.10.2.Information concerning reduction of coverage on account.ofrevised limits or claims paid under the General Aggregate,or both,shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. §11.2 OWNER'S LIABILITY INSURANCE §11°.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. §11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE §11.3.1 Optionally,the Owner may require the Contractor to purchase and maintain Project Management Protective Liability,insurance from the Contractor's usual sources as primary coverage for the Owner's,Contractor's and Architect's vicarious liability for construction operations under the Contract.Unless otherwise required by the 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 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 A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA* Document is protected by U.S.Copyright Law and International Treaties. 33 Unauthorized reproduction or distribution of this AIA'' Document,or any portion of 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) 3• §11.3.2 To the extent damages are covered by Project Management Protective Liability insurance,the Owner, Contractor and Architect waive all rights against each other for damages,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. (Paragraph deleted) §11.3.3 The City of Renton is named as an Additional Insured on the contractor's policy, with that policy being primary and non-contributory with any other insurance the City may have. §11.4 PROPERTY INSURANCE §11.4.1 Unless otherwise provided,the Owner shall purchase and maintain,in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,property insurance written on a builder's risk"all-risk"or equivalent policy form in the amount of the initial Contract Sum,plus value of subsequent Contract modifications and cost of materials supplied or installed by others,comprising total value for the entire Project at the site on a replacement cost basis,without optional deductibles. Such property insurance shall be maintained,unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.4 to be covered, whichever is later.This insurance shall include interests of the Owner,the Contractor, Subcontractors and Sub- subcontractors in the Project. §11.4.1.1 Property insurance shall be on an"all-risk" or equivalent policy form and shall include,without limitation, insurance against the perils of fire(with extended coverage)and physical loss or damage including, without duplication of coverage,theft, vandalism,malicious mischief,collapse,earthquake,flood,windstorm, falsework, testing and startup,temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements,and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. §11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above,the Owner shall so inform the Contractor in writing prior to commencement of the Work.The Contractor may then effect insurance which will protect the interests of the Contractor,Subcontractors and Sub,subcontractors in the Work,and by appropriate Change Order the cost thereof shall be charged to the Owner.Tfthe,Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above,without so notifying the Contractor in writing,then the Owner shall bear all reasonable costs properly attributable thereto. 11.4.1.3 If the property insurance requires deductibles,the Owner shall pay costs not covered because of such deductibles. §11.4.1.4 This property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. §11.4.1.5 Partial occupancy 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 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. §11.4.213oiler 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. §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 AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 34 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) \✓' Owner waives all rights of action against the Contractor for loss of use of the Owner's property,including consequential losses due to fire or other hazards however caused. §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, 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 have to proceeds of such insurance held by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall require of the Architect,Architect's consultants,separate contractors described in Article 6,if any,and the subcontractors,sub-subcontractors,agents and employees of any of them,by appropriate agreements,written where legally required for validity,similar waivers each in favor of other parties enumerated herein.The policies shall provide such waivers of subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged §11.4.8 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. §11.4.9';If required in writing by a party in interest,the Owner as fiduciary shall,upon occurrence of an insured loss, 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. §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 shall,in the case of arbitration,make settlement with insurers in accordance with directions of the arbitrators. If distribution of insurance proceeds by arbitration is required,the arbitrators will direct such distribution. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. SS 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) *00' §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. §11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK §12.1 UNCOVERING OF WORK §12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents,it must,if required in writing by the Architect,be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. §12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to examine prior to its being covered,the Architect may request to see such Work and it shall be uncovered by the Contractor.If such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall,by appropriate Change Order,be at the Owner's expense.If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. §12.2 CORRECTION OF WORK §12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION §12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated,installed or completed.Costs of correcting such rejected Work,including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby,shall be at the Contractor's expense. §12.2.2 AFTER SUBSTANTIAL COMPLETION §12.2.11 In addition to the Contractor's obligations under Section 3.5,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1,or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition.During the one-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with Section 2.4. §12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. §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. §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. AIA Document A201 T""—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) §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 to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. §12.3 ACCEPTANCE OF NONCONFORMING WORK §12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents,the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable.Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS §13.1 GOVERNING LAW §13.1.1 The Contract shall be governed by the law of the place where the Project is located. §13.2 SUCCESSORS AND ASSIGNS §13.2.1 The Owner and Contractor respectively bind themselves,their partners,successors,assigns and legal representatives to the other party hereto and to partners,successors,assigns and legal representatives of such other party in respect to covenants,agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2,neither party to the Contract shall assign the Contract as a whole without written consent of the other.If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. §13.2,2 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 the firm or entity or to an officer of the corporation for which it was intended,or if delivered at or sent by registered,or certified mail to the last business address known to the party giving notice. §13.4 RIGHTS AND REMEDIES §13A.1.Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights and remedies otherwise imposed or available by law. §13.4.2 No action or failure to act by the Owner,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 breach thereunder,except as maybe specifically agreed in writing. §13.5 TESTS A,ND INSPECTIONS §13.5.1 Tests,vnsaections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances,roles,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 AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) r 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. §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. §-13.5.4 Required certificates of testing,inspection or approval shall, unless otherwise required by the Contract Documents,be secured by the Contractor and promptly delivered to the Architect. §13.5.5 If the Architect is to observe tests,inspections or approvals required by the Contract Documents,the Architect will do so promptly and, where practicable,at the normal place of testing. §1,3.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. §13.6 INTEREST §13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or,in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. §13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD §13.7.1 As between the Owner and Contractor: .1. Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate.for Payment,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment;and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date,of any act or failure to act by the Contractor pursuant to any Warranty provided under Section 3.5,the date of any correction of the Work or failure to correct the Work by the Contractor under Section 12.2,or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner,whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT §14.1 TERMINATION BY THE CONTRACTOR §14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor,Sub-subcontractor or their agents or employees or any other persons or entities`performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government,such as a declaration of national emergency which requires all Work to be stopped; .3' because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or .4 the Owner has failed to furnish to the Contractor promptly,upon the Contractor's request,reasonable evidence as required by Section 2.2.1. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) 14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,repeated suspensions,delays or interruptions of the entire Work by the Owner as described in 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. §14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials,equipment,tools,and construction equipment and machinery, including reasonable overhead,profit and damages. §14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may,upon seven additional days' written notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. §14.2 TERMINATION BY THE OWNER FOR CAUSE §-14.2.1 The Owner may terminate the Contract if the Contractor: ,1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2' fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; ,3 persistently disregards laws,ordinances,or rules,regulations or orders of 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; .2' accept assignment of subcontracts pursuant to Section 5.4;and .3 finish the Work,bywhatever reasonable method the Owner may deem expedient.Upon request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. §14.2.3;When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. §14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the 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: AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA* Document is protected by U.S.Copyright Law and International Treaties. 39 Unauthorized reproduction or distribution of this AIA" Document,or any portion of 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) W r../ .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. §14.4 TERMINATION BY THE OWNER FOR CONVENIENCE §,14.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause. §'14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience,the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary,or that the Owner may direct,for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice,terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. §14.4.3 In case of such termination for the Owner's convenience,the Contractor shall be entitled to receive payment for Work executed,and casts incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) A Additions and Deletions Report for AIA Document A201 TM— 1997 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 17:06:19 on 06/15/2006. PAGE Renton Community Center Storage Room Addition 1215 Maple Valley Highway Renton,WA 98055 Cit of Renton 1055 South Grady Way Renton,WA 98055 Ciity of Renton Faculties Divisioft 1055 South Grady Way Renton,W-LA. 98055 Telephone,- 425-430-§608 Fax: 425-430-6603 PAGE 34 §44.3.3 The Owitefshall aet require the Gentfaeter-to inelude the Owner-,Ar-ehiteet of other-per-sons or-enfifies "11,3.3 The City of Renton is named as an Additional Insured on the contractor's policy, with that policy being primary and non-contributory with any other insurance the City may have. PAGE 40 Additions and Deletions Report for AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA' Document is protected by U.S.Copyright Law and 1 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 17:06:19 on 06/15/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1267983085) d SECTION 00800 -SPECIAL CONDITION:.., 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 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 Contractor's Certificate of Registration shall be in full force and effect throughout the work project herein above enumerated, prior to starting work. ARTICLE 3- NON-DISCRIMINATION The Contractor shall offer equal opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, or disability. 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 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 prices bid for the various items comprising this improvement. ARTICLE 6- PERFORMANCE BOND (CONTRACTOR'S CONTRACT BOND): 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 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 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 'fir 'vri' 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 00800-3 SPECIAL CONDITIONS .MON 00810 - INSURANCE CONDITIM..e 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 ( Including CG 2503 general aggregate to apply per project if applicable) • Explosion, Collapse and Underground Hazards • Products/Completed Operations • Contractual Liability • Broad Form Property Damage • Independent Contractors • Personal/Advertising Injury •Stop Gap Liability (2) Automobile Liability including all • Owned Vehicles • Non-Owned Vehicles • Hired Vehicles (3) Workers'Compensation • Statutory Benefits -Show Washington Labor& Industries Number (4) Umbrella Liability • Excess of Commercial General Liability and Automobile Liability. Coverage should be as broad as primary. (5) 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 • 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 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Stop Gap Liability $1,000,000 *General Aggregate to apply per project Automobile Liability Bodily Injury/Property Damage $1,000,000 (Each Accident) Workers' Compensation Statutory Benefits- Show Washington Labor& Industries Number Umbrella Liability Each Occurrence Limit $1,000,000 General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 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 ADDITIONAL REQUIREMENTS CONTRACTOR shall Name CITY OF RENTON, and its officers, officials, agents, employees and volunteers as Additional Insureds (ISO Form CG 2010 or equivalent). CONTRACTOR shall provide CITY OF RENTON Certificates of Insurance and copies of policies, if at our sole discretion it is deemed appropriate Further, all policies of insurance described above shall: 1) Be on a primary basis nor contributory with any other insurance coverage and/or self-insurance carried by CITY OF RENTON. 2) Include a Waiver of Subrogation Clause. 3) Severability of Interest Clause (Cross Liability) 4) Policy may not be non-renewed, canceled or materially changed or altered unless forty-five (45) days prior written notice is provided to CITY OF RENTON. Notification shall be provided to CITY OF RENTON by certified mail. 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 eedeaveF to mail 45 days written notice to the certificate holder named to the left. The CONTRACTOR shall promptly advise the CITY OF RENTON in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At his or her own expense the CONTRACTOR will reinstate the aggregate limits to comply with the minimum requirements and shall furnish to the CITY OF RENTON a new certificate of insurance showing such coverage is in force. Required insurance coverage shall be maintained throughout the term of this contract, except Automobile Liability and Workers' Compensation, for a period of two (2) years after the date of substantial completion of the project. On all Certificates of Insurance, the Certificate Holder shall be listed as "City of Renton, Washington, Attention: Michael Nolan, Facilities Coordinator". 00920-3 INSURANCE REQUIREMENTS SECTION 00910"tOND TO THE CITY OF RENTON FORM Bond No. WAC 41912 KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned Co - P.O. Box 2984, Kent, WA 98064-6579 as principal,and Merchants Bonding Company (Mutual) COTMbron cigar t nd and existing under%laws of ft State of Iowa surety corporation,and qual!&W under the laws of the State of Washin as a contractors W th rnunicrpal corporations,as su y !�to ber�ome suroty upon bonds of ►etY are' intf and several held and ff mfy bound to the City of RerrtorJ m the penal sum$ 163,989.00------------------- demana we bind ourseW5 and our%cces=,heirs,adininisGators or rson for the Payment of which sum on pe rEpresentatives,as the case maybe. Thts ebl'rgation is entered into In pursuance of the statutes Renton. of the State of Washington,Me Ordinance of ft Uy of gated of s o a„P Warhmgton,this 1 t h day of 20 06 Nevertheless,the condWons of the above oblig20on are such that WHEREAS,tinder and pursuant to Public Wodcs GvnsfrucGon Conrrad CAD Providing for conshrtrction of Renton Community Center Storage Room Additions Praje�t�ac„e the principal is Mquhd to furnU a bond for the faithful performance of the cvnlract;and VtMEREAS,the principal has accepted,or is about to accept;the oonhaci,the undertake to perform Bic work therein provided for in the manner and"bin the time set forth; NOW.THEREFORE,if the principal shalt fWly p all of the provisions of said contract in the mariner and within the time therein set forth,orwhhin such extensions of time as may be granted under said fttw,and shalt Pay all bborels,mmhanics,SubconrraCiors and materialmen,tend ell perscxrs who Shall supply said W W or suboontractors with provisions and supplies for the canylrtg on of said s Y � n harmless from any damage or �shall hold said CrTy of Renton expense by reason of failure of porfoMMW as specffied in the contract or from defects appearing or deveivping in the material rx workmonship provided or performed under the oorltO wifMn a period of one year after its acceptarm thereof by the City of Renton,then arrd In that event this obligation shall be void;but ottreWse it shall be and remain in furl force and effect, Flag Construction Company, Inc. Merchants Bonding Company (Mutual) Pringpal f r, Surety 2100 Fleur Drive Des Moines, IA 50321 Slgnarirre Surety's Address 1 Name and'htfe '� rs Signature �_Ann Mi kk 1 sP� Name and Tide qtr,,,- ---`-•`Yz=i-P Fa c t Op91Q•1 BOND TO THE CITY OF RENTON FORM Me' hants Bonding Comny (Mutual) POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made, constituted and appointed,and does by these presents make,constitute and appoint Walter W.Wolf,Judith A.Rapp,Jo Ann Mikkelsen,James E.Majeskey II,Judith C.Kaiser-Smith of Spokane and State of Washington its true and lawful Attomey-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION($3,000,000.00)DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002. ARTICLE 11,SECTION 8-The Chairman of the Board or President or any vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 11,SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness V*weof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 16th day of January,2006. ••......0 �D�....-COMA MERCHANTS BONDING COMPANY(MUTUAL) �o.oaPOq -.9 •y a 1933 c; 8 KNY STATE OF IOWA 00-.04-** President COUNTY OF POLK ss. On this 16th day of January,2006,before me appeared Larry Taylor,to me personally known,who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. E. CINDY SMYTH �. FZ Commission Number 173504 ow My Commission Expires VVV March 16,2009 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Company on this 19 tWay of June 2006. .•�oG COMA• •y a: 1933 3• Secretary • y C. POA 0001 (1/06) �6�1p'•.. .\1��'�• Al30R TM CERTIFICATF OF LIABILITY INSURANP-E 0DATE MM/DD YYYY 6/23/2006) PRODUCER (509)535-9178 FAX (5'boirJ533-6142 THIS CERTIFICATE IS%adUED AS A MATTER OF INFORMATION Wolf-Majeskey-Rapp, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 2984 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Spokane, WA 99220 INSURERS AFFORDING COVERAGE NAIC# INSURED Flag Construction Co. , Inc. INSURERA: Scottsdale Insurance Co. P.O. Box 6579 INSURERS: Zurich Insurance Services, Inc Kent, WA 98064 INSURER C: INSURER D: INSURER E: COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY BCS0012188 02/10/2006 02/10/2007 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE FR]OCCUR MED EXP(Any one person) $ exc A PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PECT RO LOC J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY XLS0032987 02/10/2006 02/10/2007 EACH OCCURRENCE $ 5,000,000 7X OCCUR FI CLAIMS MADE AGGREGATE $ 51000,000 A $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WA STOP GAP 02/10/2006 02/10/2007 WC STATU- oTH- EMPLOYERS'LIABILITY BCS0012188 E.L.EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTU BR64419866 06/23/2006 06/23/2007 B uiilder's Risk $164,000 $5,000 ded All Risk DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS e: Storage Room Addition L & I # 583,996-00 ertificate holder is an additional insured as respects the above referenced project per lanket additional insured form CG2033/CG2037 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL XXJiXfi '�MAIL City of Renton, Washington 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Michael Nolan XXxNKXXl4Xi14Xa1�Xl�lEI�IX�CXX 200 Mill Avenue South KK**XdfJGUNK*Mbym ; )t xxmkxmKxmxw14xxmDOfXXXXXXXXX Renton, WA 98055 AUTHORIZEDREPRES TATIVEf qp ACORD 25(2001/08) y4 ©ACORD CORPORATION 1988 e i low POLICY NUMBER: BCS0012188 COMMERCIAL GENERAL LIABILITY CG 20 33 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. A. Who is An Insured (Section II) is B. With respect to the insurance afforded amended to include as an insured any these additional insureds, the following person(s) or organization(s)when you and additional exclusion applies: such person(s) or organization(s) have agreed in writing in a contract or agreement This insurance does not apply to: that such person(s) or organization(s) be added as an additional insured on your policy. "Bodily injury", "property damage", Such person(s) or organization(s) are an "personal injury" or"advertising injury" additional insured only with respect to liability arising out of the rendering of, or the arising out of your ongoing operations failure to render, any professional, performed for that insured. A person's or architectural, engineering or organization's status as an insured under this surveying services, including: endorsement ends when your operations for that insured are completed. 1. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change order, or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. CG 20 33 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1 ❑ POLICY NUMBER: BCS0012188 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket as required by written contract Location And Description of Completed Operations: Blanket as required by written contract Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section 11 —Who Is An insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "product-completed operations hazard." CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 07/14,12006 03:06 PM A&M Insurance 4252267496 2;2 r 114w, woe A&M INS SERVICES 4lroy& 14274 SE 175TH ST HKOAMPON RENTON,WA 98058 425-228.7406 Polley number; 02mags-2 Underwrltten try: Progressive Northwestem Ins,Co. July 14,2006 Page 1 of 1 Certificate of Insurance cartHlcate Holder lmrw ,'1,s' ............................... ....... ,.........,.... Geld Additional Insured .,�.. �FIAGCONSTRUCTION �..�.'�............'....."............"...'.........,......... A&M IN5 SERVICES CITY OF RENTON WASHINGTON PO BOX 6579 14274 SE 176TH ST ATTN: MICHAEL NOLAN KENT, WA 11 IS AX(88064 RENTON,WA 98058 200 MILL AVE S RENTON, WA 98055 This document certifies that insurance policies Identified below have been issued by the designated insurer to the insured named above for the period(s) indicated, This Certificate Is Issued for Information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below, The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations. endorsements, and conditions of these policies, Policy Effective Date: Feb 25,2006 Policy Expiration Date: Feb 25 2007 , Immrann coverage(l) Limps ............................................... a Bodily InjurylProperry Dama ,,...,. ............................................................... ' S1 000 DD Combined Sin le Limit .JI'y InVu'... ........ . ... . ..,. ., ... .! .... Underinsured Motorist Bodil In'ur """' Y 1 Y $500,000 5500 000 Uninsured Motorist P►o n Dama e """"""""""""""""'."'••,..,..'.. ...".,. ......."..... t� Y 9 $10,000 w/$100 Ded($3001f Hit& Run) Personal Injury Proteddon 535,OOD .................................... Description of Location/Vehicles/Special Items Scheduled auto$ only 199B G M C 5 1 E R R A C1500 1GTEC14R6WZ 50530.............................................................................................................. Certlflcate number 195061-19G895 Please be advised that additional insureds and lienholders will be notified In the event of a mid-term cancellation. Form 5241(10/02) Renton Community Center STORAGE ROOM ADDITIONS r-- I 5 i .—i s r � � k II t h r I CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FACILITIES DIVISION 1055 SOUTH GRADY WAY RENTON, WASHINGTON November, 2005 PROJECT SPECIFICATIONS Renton Community Center STORAGE ROOM ADDITIONS CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FACILITIES DIVISION 1055 SOUTH GRADY WAY RENTON, WASHINGTON November, 2005 PROJECT SPECIFICATIONS 'v Renton Community Center STORAGE ROOM ADDITIONS TABLE OF CONTENTS TITLE PAGES Tableof Contents ................................................................................................................................2 DIVISION 0- BIDDING REQUIREMENTS, CONTRACT FORMS,AND CONDITIONS OF THE CONTRACT 00010 Bid Submittal Checklist..........................................................................................................1 00020 Synopsis of Bidding Information............................................................................................1 00030 Call for Bids...........................................................................................................................1 00100 Instructions to Bidders (AIA Document A701).......................................................................1 00200 Contractor's Qualification Statement(AIA Document A305).................................................2 00300 Bid Form................................................................................................................................4 00400 Non-Collusion, Anti-Trust, &Minimum Wage Form...............................................................1 00500 Contract Agreement(AIA Document Al 01) ..........................................................................6 00700 General Conditions(AIA Document A201)..........................................................................39 00800 Special Conditions.................................................................................................................2 00810 Insurance Provisions.............................................................................................................5 00910 Performance/Payment Bond Form........................................................................................1 DIVISION 1 -GENERAL REQUIREMENTS 01500 Construction Facilities and Temporary Controls........................................................ DIVISION 2-SITEWORK 02200 Earthwork..............................................................................................................................3 02513 Asphalt Concrete Pavement..................................................................................................1 DIVISION 3-CONCRETE 03300 Cast-In-Place Concrete.........................................................................................................4 DIVISION 4- MASONRY 04100 Mortar....................................................................................................................................2 04320 Veneer Masonry System.......................................................................................................4 04810 Unit Masonry Assemblies......................................................................................................4 TC-1 TABLE OF CONTENTS f w Renton Community Center STORAGE ROOM ADDITIONS TABLE OF CONTENTS TITLE PAGES DIVISION 6—WOOD 06100 Rough Carpentry....................................................................................................................2 DIVISION 7-THERMAL AND MOISTURE PROTECTION 07525 Modified Bitumen Roofing.....................................................................................................9 RoofingDetails......................................................................................................................5 07621 Sheet Metal Flashing and Trim .............................................................................................3 07900 Joint Sealers .........................................................................................................................3 DIVISION 8-OPENINGS 08111 Steel Doors and Frames .......................................................................................................2 08360 Metal Overhead Doors..........................................................................................................3 08700 Hardware...............................................................................................................................3 DIVISION 9- FINISHES 09220 Cement Plaster......................................................................................................................2 09900 Painting.................................................................................................................................3 TC-2 TABLE OF CONTENTS s SECTION 00010-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) ❑ Non-Collusion,Anti-Trust, &Minimum Wage Form (Section 00400) ❑ Contractor's Qualification Statement(Section 00200) END OF SECTION 00010-1 BID SUBMITTAL CHECKLIST s SECTION 00020-SYNOPSIS OF BIDDING INFORMATION A. PROJECT: Renton Community Center Storage Room Additions 1715 Maple Valley Highway Renton, WA 98055 B. OWNER: City of Renton 1055 South Grady Way Renton, WA 98055 C. OWNERS REPRESENTATIVE: Michael Nolan, Facilities Coordinator 1055 South Grady Way Renton, WA 98055 Phone (425)430-6608 FAX(425)430-6603 D. ARCHITECT: Michael Nolan, R.A. 1055 South Grady Way Renton,WA 98055 Phone(425)430-6608 E. STRUCTURAL ENGINEER: Perbix Bykonen 820 John Street, Suite 201 Seattle,WA 98109 Phone (206)264-7784 F. BIDS DUE: December 15, 2005, 2:30 p.m. at City Hall, Seventh Floor City Clerk's Office, Renton City Hall, Renton,WA. G. NOTICE TO PROCEED: Approximately January 3, 2006 H. TIME OF CONSTRUCTION: One hundred and twenty(120) calendar days. I. PERFORMANCE BOND& PAYMENT BOND: 100% of contract amount. J. WAGES: Pay state prevailing wages rates. END OF SECTION 00020-1 SYNOPSIS OF BIDDING INFORMATION T SECTION 00030—CALL FOR BIDS City of Renton CALL FOR BIDS Renton Community Center Storage Room Additions Sealed bids will be received until 2:30 p.m., Thursday, December 15, 2005, at the City Clerk's office, 7th floor, and will be opened and publicly read in the fifth floor conference room, #521, of Renton City Hall, 1055 S. Grady Way, Renton, WA 98055, for the Renton Community Center Storage Room Additions project. The project consists of adding two CMU storage room additions onto the west side of the existing Renton Community Center, 1715 Maple Valley Highway. Total area of the new additions is 1,124 square feet. Bid documents may be obtained at the Community Services Administration Office located at Renton City Hall, 1055 South Grady Way, Fifth Floor, Renton, WA, 98055, phone (425)430-6600, fax(425)430-6603. A non-refundable fee of$20.00(check only, payable to the City of Renton)shall be charged for each set of documents. If mailed,there is an additional non-refundable fee of$5.00 per set. Questions and requests for bidding documents shall be addressed to Renton Community Services Administration. There will be a walk-through at the site on Friday, December 2nd at 10:00 AM. Attendance by bidders is recommended but not mandatory. The City reserves the right to reject any and/or all bids and to waive any and/or all informalities. The City's Fair Practices, Non-Discrimination, and Americans with Disability Act policies shall apply. Bonnie I.Walton, City Clerk Published: Seattle Daily Journal of Commerce November 28 and 30, 2005 00030-01 CALL FOR BIDS r SECTION 00100-INSTRUCTIONS TO BIDDERS 1.01 STANDARD FORM Incorporate by this reference the Instructions to Bidders, 1997, AIA Document A701, as follows. Articles 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. The City's fair practices and non-discrimination policies, and State Prevailing Wage Rates apply to this project. B. 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. C. 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: D. Standard Form of Agreement(Section 00500) Bond To The City Of Renton (Section 00610) City of Renton Business License(Section 01130) Statement of Intent to Pay Prevailing Wages(Section 01130) Certificate of Liability Insurance (Section 00820); naming the City of Renton as additional insured. E. Project Time of Completion and amount of Liquid Damages are stated in the Form Of Proposal. F. Progress Payments will be subject to retainage of 5%as stated in the Standard Form of Agreement Owner and Contractor(Section 00500). 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. 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. END OF SECTION 00100-1 INSTRUCTIONS TO BIDDERS - SECTION 00200 -CONTRACTOR'S QUALIFICATION STATEMENT 1.01 STANDARD FORM A. The "Contractor's Qualification Statement". 1986, AIA Document A305 follows and is included as part of this contract. The Bidders, Contractor and all Subcontractors shall read and be governed by them. END OF SECTION 00200-01 CONTRACTOR'S QUALIFICATION STATEMENT �. SECTION 00300 - BID FORM FORM OF PROPOSAL ( BID ) for the Renton Community Center Storage Room Addition 1715 Maple Valley Highway Renton, Washington Bids Due: 2:30 P.M. Thursday, December 15, 2005 To: City Clerk, Room#728 Seventh Floor of City Hall 1055 South Grady Way Renton, WA 98055 The undersigned hereby certifies that they have carefully examined the Contract Documents as defined in the General Conditions entitled "Renton Community Center Storage Room Addition"and have examined the site of the work and the location where said work is to be done, and fully understands the manner in which payment is proposed to be made for the cost thereof, hereby proposes to furnish all materials and to perform all labor which may be required to complete said work within the time fixed, and upon the terms and conditions provided in said Contract Documents for consideration of the following amount: A. BASE BID For all work shown in the Contract Documents, the sum of: $ Washington State Sales Tax: $ Grand Total Base Bid: $ B. ALTERNATE BIDS ALTERNATE NUMBER AND DESCRIPTION: ALTERNATE#1: Deduct the south storage room DEDUCT: $ Washington State Sales Tax: $ Total Alternate#1: $ B. CONDITIONS OF PROPOSAL 1. Determination of Low Bidder: The owner reserves the right to'Award a Contract' based on the Contractor's Proposal Amounts for Base Bid and/or Breakdown, in whatever manner is in the Owner's best interest. 2. Overhead and Profit: All of the above Bid Prices shall include overhead and profit. 00300-1 BID FORM or C. PERIOD OF BID VALIDITY 1 ACCEPTANCE OF BID 1. BASE BID The undersigned hereby agrees that this BID as described in paragraph "A" shall be a valid and firm offering for the period of sixty(60) days from closing time for the "Receipt Of Bids." Acceptance of Bid: Within sixty(60) days after the opening of Form Of Proposal, the City will act either to accept the Proposal from the lowest responsive, responsible Bidder, or to reject all Bids. The City reserves the right to request extensions of such Bid acceptance period. The acceptance of a Bid will be evidenced by a written Notice of Intent to Award Contract to the Bidder whose Bid is under consideration for acceptance, together with a request to fumish 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 within 120 calendar days of receiving the Notice To Proceed.. F. LIQUIDATED DAMAGES If the Contractor fails to complete the Work by the FINAL COMPLETION DATE (or such extension of that date which might be granted by the Owner), he agrees to abide by all provisions of the Contract. In addition, Liquidated Damages in the amount of Two Hundred Dollars ($200.00)will be assessed for each calendar day that the Contractor exceeds the"FINAL COMPLETION DATE." G. ADDENDUM RECEIPT Receipt of the following "ADDENDA" to the CONTRACT DOCUMENTS is acknowledged: Addendum No. Date Addendum No. Date 00300-2 BID FORM Y Addendum No. Date H. EXECUTION OF PROPOSAL Name of Firm State License Registration No. Address City State Zip Code Telephone ( ) FAX__L ) 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. NOTE: If a Bidder is a corporation, write state of incorporation; and if a partnership, give full names and addresses of all partners below: The undersigned certifies that the above is a firm and valid BID to accomplish all Work and comply with all requirements of the Contract Documents. Date Signature Name &Title END OF BID FORM 00300-3 BID FORM , SECTION 00400 -NON-COLLUSION,ANTI-TRUST, AND MINIMUM WAGE FORM 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 named, and further,that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid,or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over the other Bidder or Bidders. AND CERTIFICATION RE:ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually bome by the purchaser. Therefore,vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract,except as to overcharges resulting from anti-trust violations commencing after the date of the bid,quotation,or other event establishing the price under this order or contract. In addition,vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser,subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I,the undersigned, having been duly swom,deposed,say and certify that in connection with the performance of the work of this project,l will pay each classification of laborer,workman,or mechanic employed in the performance of such work;not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract:that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: NON-COLLUSION AFFIDAVIT,ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT Name of Project Name of Bidders Firm signature of Authorized Representative of Bidder Subscribed and sworn to before me on this day of 20 Notary Public in and for the State of Washington Residing at: 00400-01 NON-COLLUSION,ANTI-TRUST,AND MINIMUM WAGE FORM f 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 00500-1 CONTRACT SECTION 00700 - GENERAL CONDITIONS 101 STANDARD FORM The General Conditions of the Contract for Construction, 1997, AIA Document A-201, as follows, Articles 1 through 14 inclusive. They are included as part of the contract. The Contractor and all subcontractors shall read and be governed by them, with enclosed modifications. 36 pages of AIA document A-201 follows END OF SECTION 00700-1 GENERAL CONDITIONS SECTION 00700 - GENERAL CONDITIONS 101 STANDARD FORM The General Conditions of the Contract for Construction, 1997, AIA Document A-201, as follows, Articles 1 through 14 inclusive. They are included as part of the contract. The Contractor and all subcontractors shall read and be governed by them,with enclosed modifications. 36 pages of AIA document A-201 follows END OF SECTION 00700-1 GENERAL CONDITIONS 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 hftp://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 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 r Contractor's Certificate of Registration shall be in full force and effect throughout the work project herein above enumerated, prior to starting work. ARTICLE 3-NON-DISCRIMINATION The Contractor shall offer equal opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, or disability. 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 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 prices bid for the various items comprising this improvement. ARTICLE 6-PERFORMANCE BOND (CONTRACTOR`S CONTRACT BOND): 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 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 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 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 00800-3 SPECIAL CONDITIONS r 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 ( Including CG 2503 general aggregate to apply per project if applicable) •Explosion, Collapse and Underground Hazards • Products/Completed Operations • Contractual Liability • Broad Form Property Damage • Independent Contractors •PersonallAdvertising Injury •Stop Gap Liability (2) Automobile Liability including all •Owned Vehicles •Non-Owned Vehicles •Hired Vehicles (3) Workers'Compensation •Statutory Benefits -Show Washington Labor& Industries Number (4) Umbrella Liability • Excess of Commercial General Liability and Automobile Liability. Coverage should be as broad as primary. (5) 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 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 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Fire Damage(Any One Fire) $ 50,000 Medical Payments(Any One Person) $ 5,000 Stop Gap Liability $1,000,000 *General Aggregate to apply per project Automobile Liability Bodily Injury/Property Damage $1,000,000 (Each Accident) Workers' Compensation Statutory Benefits-Show Washington Labor&Industries Number Umbrella Liability Each Occurrence Limit $1,000,000 General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 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 f ADDITIONAL REQUIREMENTS CONTRACTOR shall Name CITY OF RENTON, and its officers, officials, agents, employees and volunteers as Additional Insureds (ISO Form CG 2010 or equivalent). CONTRACTOR shall provide CITY OF RENTON Certificates of Insurance and copies of policies, if at our sole discretion it is deemed appropriate Further, all policies of insurance described above shall: 1) Be on a primary basis nor contributory with any other insurance coverage and/or self-insurance carried by CITY OF RENTON. 2) Include a Waiver of Subrogation Clause. 3) Severability of Interest Clause (Cross Liability) 4) Policy may not be non-renewed,canceled or materially changed or altered unless forty-five(45) days prior written notice is provided to CITY OF RENTON. Notification shall be provided to CITY OF RENTON by certified mail. 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 endeaveF-ts mail 45 days written notice to the certificate holder named to the left. But failure to SUGh AGtiGe shall impose Re obligation oF liability ef aRy kind upon the Gempany, its agents 9F Felpresentatives" The CONTRACTOR shall promptly advise the CITY OF RENTON in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At his or her own expense the CONTRACTOR will reinstate the aggregate limits to comply with the minimum requirements and shall furnish to the CITY OF RENTON a new certificate of insurance showing such coverage is in force. Required insurance coverage shall be maintained throughout the term of this contract, except Automobile Liability and Workers'Compensation,for a period of two(2) years after the date of substantial completion of the project. On all Certificates of Insurance, the Certificate Holder shall be listed as"City of Renton, Washington, Attention: Michael Nolan, Facilities Coordinator". 00920-3 INSURANCE REQUIREMENTS f SECTION 00910-BOND TO THE CITY OF RENTON FORM KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned as principal, and corporation organized and existing under the laws of the State of as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum$ for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or person representatives, as the case may be. 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 , 20 Nevertheless,the conditions of the above obligation are such that: WHEREAS,under and pursuant to Public Works Construction Contract CAG- providing for construction of Project Name the principal is required to furnish a bond for the faithful performance of the contract;and WHEREAS,the principal has accepted,or is about to accept,the contract,the undertake to perform the-Work therein provided for in the manner and within the time set forth; NOW,THEREFORE,if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth,or within such extensions of time as may be granted under said contract,and shall pay all laborers, mechanics,subcontractors and materialmen,and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work,and shall hold said City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton,then and in that event this obligation shall be void;but otherwise it shall be and remain in full force and effect. Principal Surety Signature Surety's Address Name and Title Agent's Signature Name and Title 00910-1 BOND TO THE CITY OF RENTON FORM f SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS , PART 1 —GENERAL 1.01 SECTION INCLUDES A. Temp Utilities, Electricity, lighting, heat, ventilation,telephone service, water, and sanitary facilities. B. Temporary Controls: Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities: Access roads, parking, progress cleaning, project signage, and temporary buildings. 1.02 RELATED SECTIONS A. Section 01700—Contract Closeout: Final Cleaning. 1.03 TEMPORARY ELECTRICITY A. Provide and pay for power service requested from Utility source. B. Connect to existing power service. Power consumption shall not disrupt Owner's need for continuous service. C. Provide power outlets for construction operations,with branch wiring and distributing boxes. D. Provide flexible power cords as required. E. Provide main service disconnect and overcurrent protection at convenient location. F. Permanent convenience receptacles may be utilized during construction. 1.04 TEMPORARY LIGHTING A. Provide and maintain incandescent lighting for construction operations. B. Provide branch wiring from power source to distribution boxes with lighting,conductors, pigtails,and lamp as required. C. Maintain lighting and provide routine repairs. 1.05 TELEPHONE SERVICE A. Provide, maintain, and pay for telephone service to field office at time of project mobilization. 1.06 TEMPORARY WATER SERVICE A. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamp as required. B. Extend branch piping with outlets located so water is available by hoses with threaded connections. 1.07 TEMPORARY SANITARY FACILITIES A. Existing facilities of pumphouse restroom may be used by the Contractor. 1.08 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of site,and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide barricades for public access to existing building. C. Provide protection for plant life designated to remain. Replace damaged plant life. 01500-1 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS D. Protect non-owned vehicular traffic, stored materials, site and structures from damage. 1.09 FENCING A. Construction: Commercial grade chain link fence. B. Provide 6-foot high fence around construction site; equip with vehicular vehicular gates with locks. 1.10 PARKING A. Contractor's workers/employees/subcontractors are to park off-site at Narco and access the site via the pedestrian bridge. 1.11 PROGRESS CLEANING A. Maintain areas free of waster materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials,debris, and rubbish from site periodically and dispose off-site. 1.12 FIELD OFFICES AND SHEDS A. Office: Weather-tight, with lighting, electrical outlets, heating,cooling and ventilation equipment. Coordinate location with owner. 1.13 POLLUTION CONTROL A. Provide methods, means and facilities to prevent contamination of soil,water,and atmosphere from discharge of noxious,toxic substances, and pollutants produced by the construction operations. B. Minimize any operations within 100' radius of City of Renton wells. 1.14 ` REMOVAL OF UTILITIES, FACILITIES,AND CONTROLS A. Remove temporary above grade or buried utilities,equipment,facilities, materials, prior to Final Application for Payment inspection. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. PART 2—PRODUCTS Not used. PART 3—EXECUTION Not used. END OF SECTION 01500-02 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SECTION 02200 EARTHWORK PART 1 —GENERAL 1.01 SECTION INCLUDES A. All earthwork requirements for general stripping, site grading, structural excavation and backfilling, trench, excavation and backfilling. 1.02 RELATED REQUIREMENTS A. Section 02513—Asphalt Concrete Pavement. 1.03 STANDARD SPECIFICATIONS A. All work shall conform with the Standard Specifications for Municipal Public Works Construction as published by the Washington State Chapter of the American Public Works Association (APWA 1981) unless modified herein. B. The Bidder in submitting a bid acknowledges that he is familiar with these standard specifications and that they are incorporated in this document by reference. C. The standard specifications apply only as to materials and how they are to be incorporated into the Work. The legal/contractual relationship sectionals and the measurements and payment sections do not apply to this document. 1.04 SAFETY A. All trenching and bracing work shall be accomplished in a compliance with the applicable provisions of the"Safety Standards for Construction Work". State of Washington, Department of Labor and Industries, Division of Safety, and all other Local, State and Federal safety requirements. PART 2—PRODUCTS 2.01 FILL MATERIALS A. On-site materials free of organic matter and debris may be used as general site fill. These materials shall not be used a fill under the building structure. B. Imported material shall be used for fill under the building structure and as additional fill to bring the site to subgrade. Imported fill shall be bank run gravel,Class B (26-2.01). 2.02 RUSHED SURFACING A. Shall be crushed surfacing top course(23-2.01). 2.03 SAND A. Sand: Clean, well-graded fine to course sand with not more than 2% passing the#200 sieve (ASTM C136) based on wet sieve analysis. PART 3 EXECUTION 3.01 PROTECTION A. Protect trees, shrubs and other features remaining as a portion of final landscaping. B. Protect all existing improvements to remain from equipment and vehicular traffic. If disturbed or destroyed, replace as directed by the Architect. 02200-1 EARTHWORK C. Protect above and below grade utilities which are to remain. D. Utilities: Should any unknown line be encountered during excavation, notify Architect of such discovery; Architect will then investigate and issue instructions for the preservation or disposition of the unknown line. 3.02 EROSION CONTROL A. Install erosion control facilities prior to performing any earthwork on-site. B. Maintain erosion control facilities in working order throughout construction. C. Provide additional silt fence and jute matting as required during construction to meet permit environmental requirements. 3.03 SITE PREPARATION A. Vegetation,Trees and Shrubs will be cleared by owner. B. Remove all cleared and grubbed materials from the site and dispose in a legal manner. C. On-site burning is not allowed. 3.04 EXCAVATION A. Excavate to the depths required for improvements. B. Protect utilities uncovered by excavation. C. Store and cover excavated materials where directed. Remove soils not considered suitable for use in fill or landscape areas from the site and dispose at a legal disposal site. D. Store and cover excavated materials where directed. Remove soils not considered suitable for use in fill or landscape areas from the site and dispose at a legal disposal site. E. Overexcavate and backfill any wet, yielding or organic areas identified after proofrolling. F. Correct unauthorized excavation with ballast, at not additional cost to the Owner. G. Stockpile satisfactory excavated subsoil for re-use,where directed. Remove unsatisfactory materials from site. 3.05 FILL A. Fill shall be placed in horizontal layers not exceeding eight inches in loose depth and then compacted. Fill shall not be placed on surfaces that are middy, frozen, or contain frost. Compaction shall be accomplished by sheepsfoot rollers, pneumatic-tired rollers, steel- wheeled rollers or other approved equipment well suited to the soil being compacted. Material shall be moistened or aerated as necessary to provide the moisture content that will readily facilitate obtaining the specified compaction with the equipment used. 3.06 CRUSHED SURFACING A. Place crushed surfacing and compact to achieve the lines and grades on the drawings. Crushed surfacing shall not be placed on surfaces that are muddy or frozen. 3.07 GRADING A. All grades shown on the drawings are finish grades. Make proper allowance during grading operation for topsoil, crushed surfacing, pavement thickness and other surface finishes. B. All areas covered by the project, including excavated and filled sections and adjacent transition areas,shall be uniformly smooth-graded. The finished surface shall be reasonably 02200-2 EARTHWORK smooth, compacted and free from irregular surface changes. Swales shall be finished to permit positive drainage. C. Newly graded areas shall be protected from traffic, erosion or washing away that may occur from any cause, prior to acceptance, shall be repaired and grade reestablished to require elevations and slopes. All work shall be conducted in accordance with the environmental protection requirements of the contract and all other permit requirements. 3.08 COMPACTION A. Compact each lift to the degree specified; repeat compaction process until required elevation is attained. B. Compact fill, crushed surfacing and ballast to 95%of maximum per ASTM D-1557. 3.09 TRENCH BACKFILLING A. Provide bedding and backfill as Class F trench section (Std. Plan 62). B. Place backfill in eight-inch lifts and compact to 95%. 3.10 WET WEATHER PROVISIONS A. Direct surface water away from fills and excavations. B. Schedule earthwork operations to minimize the potential for erosion and siltation. C. Provide temporary pumping equipment to keep excavations and construction free of water. 3.11 CLEAN-UP A. Upon completion of the work of this section, remove all excess materials, rubbish, trash and debris resulting from operations and leave the site in a neat and orderly condition acceptable to the architect. END OF SECTION 02200-3 EARTHWORK f SECTION 02513 ASPHALT CONCRETE PAVING PART 1 —GENERAL 1.01 SECTION INCLUDES A. All work for paving and striping. 1.02 RELATED REQUIREMENTS A. Section 02200—Earthwork. 1.03 SUBMITTALS A. Supplier certifications for all products. 1.4 STANDARD SPECIFICATIONS A. All work shall conform with the Standard Specifications for Municipal Public Works Construction as published by the Washington State Chapter of the American Public Works Association (APWA 1981)unless modified herein. B. The bidder in submitting a bid acknowledges that he is familiar with these standard specifications and that they are incorporating in this document by reference. C. The standard specifications apply only as to materials and how they are to be incorporated into the Work. The legal/contractual relationship sectionals and the measurements and payment section do not apply to this document. PART 2—PRODUCTS 2.01 ASPHALT CONCRETE A. Shall be Class B,AR4000(34-2). PART 3—EXECUTION 3.01 INSTALLATION A. Shall be in accordance with Division II of the standard specifications. END OF SECTION 02513-1 ASPHALT CONCRETE PAVING f SECTION 03300 CAST-IN-PLACE CONCRETE PART 1 —GENERAL 1.01 SUMMARY A. This section specifies cast-in-place concrete, including formwork, reinforcement, concrete materials, mixture design, placement procedures, and finishes. 1.02 SUBMITTALS A. Product Data: For each type of product indicated. B. Design Mixtures: For each concrete mixture. 1.03 QUALITY ASSURANCE A. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products and that complies with ASTM C94/C94M requirements for production facilities and equipment. B. ACI Publications: Comply with the following unless modified by requirements in the Contract Documents: i. ACI 301, "Specifications for Structural Concepts". ii. ACI 117, "Specifications for Tolerances for Concrete Construction and Materials. PART 2—PRODUCTS 2.01 FORM-FACING MATERIALS A. Smooth-Formed Finished Concrete: Form-facing panels that will provide continuous,true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints. 2.02 STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A615/A 615M, Grade 60 deformed. B. Plain-Steel Welded Wire Reinforcement: ASTM A185, plain fabricated from as- drawn steel wire into flat sheets. 2.03 CONCRETE MATERIALS A. Cementitious Material: Use the following cementitious materials, of the same type, brand, and source, throughout the project. i. Portland Cement: ASTM C 150. B. Normal-Weight Aggregates: ASTM C 33,graded, 3/4-inch nominal maximum coarse-aggregate size. i. Fine Aggregate: Free of materials with deleterious reactivity to alkali in cement. C. Water: ASTM C 94/C 94 M and potable. D. Chemical Admixtures: Provide admixtures certified by manufacturer to be compatible with other admixtures and that will not contribute water-soluble chloride ions exceeding those permitted in hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride. 03300-1 CAST-IN-PLACE CONCRETE t 2.04 CONCRETE MIXTURES A. Prepare design mixtures for each type and strength of concrete, proportioned on the basis of laboratory trial mixture or field test data, or both, according to ACI 31. 2.05 CONCRETE MIXING A. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C94/C 94 M and furnish batch ticket information. PART 3—EXECUTION 3.01 FORMWORK A. Design, erect, shore, brace, and maintain formwork according to ACI 301 to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until structure can support such loads. B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated,within tolerance limits of ACI 117. 3.02 STEEL REINFORCEMENT A. General: Comply with CRSI's"Manual of Standard Practice"for placing reinforcement. i. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing joints. 3.03 JOINTS A. General: Construct joints true to line with faces perpendicular to surface plane of concrete. B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Architect. 3.04 CONCRETE PLACEMENT A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed. B. Deposit concrete continuously in one layer or in horizontal layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as indicated. Deposit concrete to avoid segregation. i. Consolidate placed concrete with mechanical vibrating equipment according to AC130. C. Cold-Weather Placement: Comply with ACI 36.1. D. Hot-Weather Placement: Comply with AC1301. 3.05 FINISHING FORMED SURFACES A. Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and defects. Remove fins and other projections that exceed specified limits on formed-surface irregularities. 03300-2 CAST-IN-PLACE CONCRETE i. Apply to all concrete surfaces. 3.06 FINISHING FLOORS AND SLABS A. General: Comply with ACI 302.1 R recommendations for screening, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. B. Scratch Finish: While still plastic, texture concrete surface that has been screeded and bull-floated or darbied. Use stiff brushes, brooms, or rakes to produce a profile amplitude of 1/4 inch in 1 direction. 3.07 CONCRETE PROTECTING AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection and ACI 301 for hot-weather protection during curing. B. Evaporation Retarded: Apply evaporation retarder to unformed concrete surfaces if hot,dry,or windy conditions cause moisture loss approaching 0.2 lb/sq.ft.x h before and during finishing operations. Apply according to manufacturer's written instructions after placing,screeding, and bull floating or darbying concrete, but before float finishing. 3.08 CONCRETE SURFACE REPAIRS A. Defective Concrete: Repair and patch defective areas when approved by Architect. Remove and replace concrete that cannot be repaired and patched to Architect's approval. 3.09 FIELD QUALITY CONTROL A. Testing and Inspecting: Owner will engage a qualified independent testing and inspecting agency to perform field tests and inspections and prepare test reports. i. Testing Services: Tests shall be performed according to ACI 301. END OF SECTION 03300-3 CAST-IN-PLACE CONCRETE SECTION 04100 - MORTAR PART 1 —GENERAL 1.01 GENERAL A. Mortar and grout for masonry. 1.02 REFERENCES A. ASTM C91 —Masonry Cement B. ASTM C94—Ready-Mixed Concrete C. ASTM C144—Aggregate for Masonry Mortar D. ASTM C150—Portland Cement E. ASTM C207- Hydrated Lime for Masonry Purposes F. ASTM C270—Mortar for Unit Masonry G. ASTM C387—Packaged, Dry, Combined Materials,for Mortar and Concrete H. ASTM C404—Aggregates for Masonry Grout I. ASTM C476—Grout for Masonry J. ASTM C595—Blended Hydraulic Cement K. ASTM C780—Preconstruction and Construction Evaluation of Mortars for Plain and Reinforced Unit Masonry. L. ASTM C1019- Method of Sampling and Testing Grout M. IMIAC—International Masonry Industry All-Weather Council: Recommended Practices and Guide Specifications for Cold Weather Masonry. 1.03 SUBMITTALS A. Submit product data under provisions of Section 01300. -1.04 DELIVERY, STORAGE,AND HANDLING A. Deliver,store and protect products to site under provisions of Section 01600. B. Maintain packaged materials clean,dry and protected against dampness,freezing, and foreign matter. 1.05 ENVIRONMENTAL REQUIREMENTS A. Maintain materials and surrounding air temperatures to minimum 50 degrees F prior to,during, and 48 hours after completion of masonry work. 1.06 MIX TESTS A. Testing of Mortar Mix: In accordance with ASTM C780. B. Test mortar mix for compressive strength. C. Testing of Grout Mix: In accordance with ASTM C1019. D. Test grout mix for compressive strength. PART 2—PRODUCTS 2.01 MATERIALS A. Portland Cement: ASTM C150,Type I. B. Mortar Aggregate: ASTM C144,standard masonry type. C. Hydrated Lime: ASTM C207, Type S. D. Quicklime: ASTM C5, non-hydraulic type. 04100-1 MORTAR E. Premix Mortar: ASTM C387, using gray cement, normal strength. F. Grout Aggregate: ASTM C404. G. Water: Clean and potable. 2.02 MORTAR COLOR A. Mortar Color: Mineral oxide pigment. 2.03 MORTAR MIXES A. Mortar for Brick Veneer: ASTM C270, Type N using the Property Method. B. Mortar for Reinforced CMU Masonry: ASTM C270, Type N using the Property Method. 2.04 MORTAR MIXING A. Thoroughly mix mortar ingredients in quantities needed for immediate use in accordance with ASTM C270. B. Add mortar color in accordance with manufacturer's instructions. Provide uniformity of mix and coloration. C. Do not use anti-freeze compounds to lower the freezing point of mortar. D. If water is lost by evaporation, re-temper only within two hours of mixing. E. Use mortar within two hours after mixing at temperatures of 80 degrees F. or two-and-one-half hours at temperatures under 50 degrees F. 2.05 GROUT MIXES A. Masonry Grout: Per UBC Section 2402 and 2403. 2.06 GROUT MIXING A. Mix concrete in accordance with ASTM C94. PART 3—EXECUTION 3.01 EXAMINATION A. Request inspection of spaces to be grouted. 3.02 PREPARATION A. Plug cleanout holes with block masonry units to prevent leakage of grout materials. Brace masonry for wet grout pressure. 3.03 INSTALLATION A. Install mortar and grout to requirements of the specific masonry Sections. B. Work grout into masonry cores and cavities to eliminate voids. C. Do not displace reinforcement while placing grout. D. Remove grout spaces of excess mortar. END OF SECTION 04100-2 MORTAR 04320—VENEER MASONRY SYSTEM PART 1 —GENERAL 1.01 SECTION INCLUDES A. Concrete masonry Facebrick units. B. Reinforcement, anchorage, and accessories. 1.02 PRODUCTS INSTALLED BUT NOT FURNISHED UNDER THIS SECTION A. Section 05500- Metal Fabrications: Placement of loose steel lintels. 1.03 RELATED SECTIONS A. Section 04100- Mortar: Mortar and grout. B. Section 04810-Unit Masonry Assemblies, C. Section 07900-Joint Sealers: Rod and sealant at control joints. 1.04 REFERENCES A. ANSI/ASTM A82-Cold-Drawn Steel Wire for Concrete Reinforcement. B. ANSI/ASTM C216-Facing Brick(Solid Masonry Units Made From Clay or Shale). C. ASTM A123-Zinc(Hot-Dip Galvanized) Coatings on Iron and Steel Products. D. ASTM A525-Steel Sheet. Zinc Coated. (Galvanized) by the Hot-Dip Process. E. ASTM A580-Stainless and Heat-Resisting Steel Wire. F. ASTM C129-Non-Load Bearing Concrete Masonry Units. G. IMIAC-International Masonry Industry All-Weather Council: Recommended Practices and Guide Specification for Cold Weather Masonry Construction. 1.05 SUBMITTALS A. Submit product data under provisions of Section 01300. 1.06 ENVIRONMENTAL REQUIREMENTS A. Maintain materials and surrounding air temperature to minimum 50 degrees F prior to,during, and 48 hours after completion of masonry work. PART 2—PRODUCTS 2.01 CONCRETE MASONRY UNITS A. Decorative Block Units:ASTM C90, Grade N,Type I Moisture Controlled;split face, sizes as indicated. 2.02 MANUFACTURERS-BRICK UNITS A. Mutual Materials. 2.03 BRICK UNITS A. Face Brick: ANSI/ASTM C216, Mission texture, Grade SW; Market Red, size and shape as indicated. 2.04 REINFORCEMENT AND ANCHORAGE 04320-1 VENEER MASONRY SYSTEM A. Joint Reinforcement: Wire type; unprotected cold-drawn; steel conforming to ANSIIASTM A82. B. Forced Steel Wire Wall Ties: 9 gage thick, galvanized steel finish. 2.05 FLASHINGS A. Plastic Flashings: Flexible black fiberglass mesh reinforced bituminous mastic membrane with polyester film 1 surfaces, 10A manufactured by Royston . 2.06 ACCESSORIES A. Preformed Control Joints: Neoprene material. Provide with; corner and tee accessories, cement fused joints. B. Joint Filler: Closed cell polyurethane;oversized 50 percent to joint width; self-expanding; 112 inch side by maximum lengths. C. Weep Holes: Preformed plastic tubes. D. Cleaning Solution: Non-acidic, not harmful to masonry work or adjacent materials. PART 3- EXECUTION 3.01 EXAMINATION A. Verify that field conditions are acceptable and are ready to receive work. B. Verify ite—s provided by other sections of work are properly sized and located. C. Beginning of installation means installer accepts existing conditions. 3.02 PREPARATION A. Direct and coordinate.placement of metal anchors supplied too the Sections. B. Provide temporary bracing during installation of masonry work. Maintain in place until building structure provides permanent bracing. 3.03 COURSING A. Establish lines, levels, and coursing indicted. Protect from displacement. B. Maintain masonry courses to uniform dimension. Form vertical and horizontal joints of uniform thickness. C. Lay concrete masonry units in running bond. Course one unit and one mortar joint to equal 8 inches. Form concave mortar joints. D. Lay brick units in running bond. Course three brick units and three mortar joints to equal 12 inches. Form concave mortar joints. 3.04 PLACING AND BONDING A. Lay solid masonry units in full bed of mortar,with full head joints, uniformly jointed with other work. B. Lay hollow masonry units with face shell bedding on head and bed joints. C. Buttering comers of joints or excessive furrowing of mortar joints are not permitted. D. Remove excess mortar as Work progresses. E. Interlock intersections and external corners. F. Do not shift or tap masonry units after mortar has achieved initial set. Where adjustment must be made. Remove mortar and replace. 04320-2 VENEER MASONRY SYSTEM G. Perform jobsite cutting of masonry units with proper tools to provide straight, clean, unshipped edges. Prevent broken masonry unit corners or edges. 3.05 WEEPS AND VENTS A. Install weep holes in veneer at 24 inches on center', horizontally above through wall flashing. above shelf angles and at bottom of walls. B. Install cavity vents at top of each cavity space at same spacing in veneer at 48 inches on center horizontally. 3.06 REINFORCEMENT AND ANCHORAGES A. Install horizontal joint reinforcement 16 inches. B. Place masonry joint reinforcement in first horizontal i joints above and below openings. Extend minimum 16 inches each side of opening. C. Place joint reinforcement continuous in first joint below top of walls. D. Lap joint reinforcement ends minimum 6 inches. Extend minimum 16 inches each side of openings. E. Embed wall ties in masonry back-up for bonding veneer at maximum 16 inches oc vertically and 16 inches horizontally. Place at maximum 4 inches oc each way around perimeter of openings,within 12 inches of openings. F. Secure wall ties to stud framed back-up and embed into masonry veneer at maximum 16 inches oc vertically and 16 inches oc horizontally. Place at maximum 4 inches oc each way around perimeter of openings,within 12 inches of openings. G. Reinforce joint comers and intersections with anchors 16 inches oc. 3.07 MASONRY FLASHINGS A. Extend flashings under veneer,turn up minimum 8 inches and seal to sheathing at roof/wall intersections extend, r flashing up 24 inches unless otherwise noted or detailed. B. Lay end joints minimum 6 inches and seal watertight. C. Use flashing manufacturer I s recommended adhesive and sealer. 3.08 CONTROL JOINTS A. Do not continue horizontal joint reinforcement through control joints. B. Install preformed control joint device in continuous lengths. Seal butt and comer joints in accordance with manufacturer's instructions. U C. Size control joint in accordance with Section 07900 for sealant performance. 3.09 TOLERANCES A. Maximum Variation From Unit to Adjacent Unit: 1/32 inch. B. Maximum Variation From Plane of Wall: 1/4 inch in 10 feet and 1/2 inch in 20 feet or more. C. Maximum Variation From Plumb: 1/4 inch (6 mm) per story non-cumulative: 1/2 inch in two stories or more. D. Maximum Variation From Level Coursing: 1/8 inch in 3 feet and 1/4 inch in 10 feet: 1/2 inch in 30 feet. E. Maximum Variation of Joint Thickness: 1/8 inch in 3 feet. 3.10 CUTTING AND FITTING 04320-3 VENEER MASONRY SYSTEM A. Cut and fit for conduit and sleeves. Coordinate with other Sections of work to provide correct size, shape, and location. B. Obtain Architect/Engineer approval prior to cutting or fitting masonry work not indicated or where appearance or strength of masonry work may be impaired. 3.11 CLEANING A. Clean work under provisions of Section 01700. B. Remove excess mortar and mortar smears. C. Replace defective mortar. Match adjacent work. D. Clean soiled surfaces with cleaning solution. E. Use non-metallic tools in cleaning operations. F. Clean masonry as recommended by supplier. 3.12 PROTECTION OF FINISHED WORK A. Protect finished installation under provisions of Section 01500. B. Without damaging completed work, provide protective boards at exposed external corners which may be damaged by construction activities. END OF SECTION 04320-4 VENEER MASONRY SYSTEM SECTION 04810—UNIT MASONRY ASSEMBLY PART 1 —GENERAL 1.01 SUMMARY A. This section includes unit masonry assemblies consisting of the following: i. Concrete Masonry Units (CMU's). ii Allowances: The following are included under the allowances indicates as specified in Division 1 Section Allowances. 1.02 SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: For reinforced steel. Detail bending and placement of unit masonry reinforcing bars. Comply with AC1315, "Details and Detailing of Concrete Reinforcement". C. Material Certificates: For each type of product indicated. Include statements of material properties indicating compliance with requirements including compliance with standards and type designations within standard. i. For masonry units include material test reports substantiating compliances with requirements. D. Mix Designs: For each type of mortar and grout. Include description of type of proportions of ingredients. 1.03 QUALITY ASSURANCE A. Pre-construction Testing Service: Owner will engage a qualified independent testing agency to perform pre-construction testing indicated below: i. Concrete Masonry Unit Test: For each type of unit required, per ASTM C 140. 1.04 PROJECT CONDITIONS A. Cold-Weather Requirements: Do not use frozen materials or materials mixed or coated with ice or fronts. Do not build on frozen substrates. Remove and replace unit masonry damaged by frost or by freezing conditions. Comply with cold- weather construction requirements contained in ACI 530.1/ASCE 6/TMS602. B. Hot-Weather Requirements: Comply with hot-weather construction requirements contained in AC1530.1/ASCE6/TMS602. PART 2—PRODUCTS 2.01 CONCRETE MASONRY UNITS (CMU's) A. Shapes: Provide special shapes for lintels,corners,jambs, sashes, movement joints, headers, bonding, and other special conditions. B. Concrete Masonry Units: ASTM CIO. 2.01 MORTAR AND GROUT MATERIALS A. Portland Cement: ASTM C150,type I or II,except Type III may be used for cold- weather construction. 04810-1 UNIT MASONRY ASSEMBLY B. Hydrated Lime: ASTM C207 Type S. C. Masonry Cement: ASTM C91. D. Water: Potable. 2.01 MORTAR AND GROUT MIXES A. General: Do not use admixtures, unless otherwise indicated. B. Do not use calcium chloride in mortar or grout. PART 3—EXECUTION 3.01 INSTALLATION, GENERAL A. Use full-size units without cutting if possible. If cutting is required, cut units with motor-driven saws; provide clean, sharp, unchipped edges. Allow units to dry before laying unless wetting of units is specified. Install cut units with cut surfaces and,where possible, cut edges concealed. B. Select and arrange units for exposed unit masonry to product a uniform blend of colors and textures. C. Comply with tolerances in AC1530.1/ASCE6/TMS 602 and with the following: i. For conspicuous vertical lines, such as external corners, door jambs, reveals, and expansion and control joints,do not vary from plumb by more than 1/8 inch in 10 feet, %inch in 20 feet or%inch maximum. ii. For conspicuous horizontal lines, such as lintels, sills, parapets, and revels, do not vary from level by more than 1/8 inch in 10 feet, %inch in 20 feet, or Y2 inch maximum. 3.02 LAYING MASONRY WALLS A. Lay out walls in advance for accurate spacing of surface bond patterns with uniform joint thinknesses and for accurate location of openings, movement type joints, returns, and offsets. Avoid using less than half size units, particularly at corners,jambs, and, where possible,at other locations. B. Bond Pattern for Exposed Masonry: Unless otherwise indicated, lay exposed masonry in running bond; do not use units with less than nominal 4-inch horizontal face dimensions at comers or jambs. 3.03 MORTAR BEDDING AND JOINTING A. Lay hollow concrete masonry units as follows: i. With face shells fully bedded in mortar and with head joints of depth equal to bed joints. ii. With webs fully bedded in mortar in all courses of piers, columns, and pilasters. iii. With webs fully bedded in mortar in grouted masonry, included starting course on footings. iv. With entire units, including areas under cells, fully bedded in mortar at starting course on footings where cells are not grouted. 04810-2 UNIT MASONRY ASSEMBLY 3.04 MASONRY CELL INSULATION 3.05 REINFORCED UNIT MASONRY INSTALLATION A. Temporary Formwork and Shores: Construct formwork and shores as needed to support reinforced masonry elements during construction. i. Construct formwork to provide shape, line, and dimensions of completed masonry as indicated. Make forms sufficiently tight to prevent leakage of mortar and grout. ii. Do not remove forms and shores until reinforced masonry members have hardened sufficiently to carry their own weight and other temporary loads that may be placed on them during construction. B. Placing Reinforcement: Comply with requirements in AC1530.1/ASCE 6/TMS602. C. Grouting: Do not place grout until entire height of masonry to be grouted has attained enough strength to resist grout pressure. i. Comply with requirements in AC1530.1/ASCE 6/TMS 602 for cleanouts and for grout placement, including minimum grout space and maximum pour height. 3.06 FIELD QUALITY CONTROL A. Inspectors: Owner will engage qualified independent inspectors to perform inspections and prepare reports. Allow inspectors access to scaffolding and work areas, as needed to perform inspections. i. Place grout only after inspectors have verified compliance of grout spaces and grades, sizes, and locations of reinforcement. B. Testing Agency: Owner will engage qualified independent testing and inspecting agency to perform field tests and inspections indicated below and prepare test reports. 3.07 CLEANING A. In-Progress Cleaning: Clean unit masonry as work progresses by dry brushing to remove mortar fins and smears before tooling joints. B. Final Cleaning: After mortar is thoroughly set and cured,clean exposed masonry as follows: i. Test cleaning methods on sample wall panel; leave one-half of panel uncleaned for comparison purposes. ii. Protect adjacent surfaces from contact with cleaner. iii. Wet wall surfaces with water before applying cleaners; remove cleaners promptly by rinsing surfaces thoroughly with clear water. END OF SECTION 04810-3 UNIT MASONRY ASSEMBLY SECTION 06100 ROUGH CARPENTRY PART 1 —GENERAL 1.01 SUMMARY A. This section includes the following i. Framing with dimension lumber. 1.02 QUALITY ASSURANCE A. Forest Certification: For the following wood products, provide materials produced from wood obtained from forests certified by an FSC-accredited certification body to comply with FSC 1.2, "Principles and Criteria": i. Dimension lumber framing. PART 2—PRODUCTS 2.01 WOOD PRODUCTS, GENERAL A. Lumber: DOC PS 20 and applicable rules of grading agencies indicated. If no grading agency is indicated, provide lumber that complies with the applicable rules of any rules-writing agency certified by the ALSC Board of Review. Provide lumber graded by an agency certified by the ALSC Board of Review to inspect and grade lumber under the rules indicated. i. Factory mark each piece of lumber with grade stamp of grading agency. ii. Provide dressed lumber, S4S, unless otherwise indicated. 2.02 WOOD-PRESERVATIVE-TREATED LUMBER A. Preservative Treatment by Pressure Process: AWPA C2. i. Preservative Chemicals: Acceptable to authorities having jurisdiction. B. Kiln-dry lumber after treatment to a maximum moisture content of 19 percent. C. Mark lumber with treatment quality marls of an inspection agency approved b the ALSC Board of Review. 2.03 DIMENSION LUMBER FRAMING A. Maximum Moisture Content: 19 percent. PART 3—EXECUTION 3.01 INSTALLATION A. Set rough carpentry to required levels and lines, with members plumb, true to line, cut, and fitted. Fit rough carpentry to other construction; scribe and cope as needed for accurate fit. Locate nailers, blocking, and similar supports to comply with requirements for attaching other construction. B. Framing Standard: Comply with AF&PA's"Details for Conventional Wood Frame Construction," unless otherwise indicated. 06100-1 Rough Carpentry C. Metal Framing Anchors: Install metal framing to comply with manufacturer's written instructions. D. Do not splice structural members between supports, unless otherwise indicated. E. Comply with AWPA M4 for applying field treatment to cut surfaces of preservative- treated lumber. F. Securely attach rough carpentry work to substrate by anchoring and fastening as indicated, complying with the following: i. NES NER-272 for power-driven fasteners. ii. Table 2304.9.1, "Flashing Schedule," in ICC's International Building Code. 3.02 PROTECTION A. Protect wood that has been treated with inorganic boron (SBX)from weather. If, despite protection, inorganic boron-treated wood becomes wet, apply EPA- registered borate treatment. Apply borate solution by spraying to comply with EPA-registered label. END OF SECTION 06100-2 Rough Carpentry SECTION 07525- SBS MODIFIED BITUMEN ROOFING PART 1 -GENERAL 1.01 SUMMARY A. The Work generally involves providing a new two-ply reinforced S.B.S. modified membrane system heat welded to a glass mat gypsum roof board and insulation over wood decking,complete with related flashings, scuppers and performing such incidental or other work as may be necessitated by these operations. 1.02 REFERENCES A. ANSI/ASTM D41 -Asphalt Primer Used in Roofing, Damproofing, and Waterproofing. B. Factory Mutual (FM)Engineering Corporation-Roof Assembly Classifications. C. National Roofing Contractors Association (NRCA)-Roofing and Waterproofing Manual. D. Underwriters Laboratories(UL)-Fire Hazard Classifications. E. Inchcape/Warnock Hersey Testing Services-Fire Hazard Classification F. Sheet Metal and Air-Conditioning Contractors National Association, Inc.(SMACNA). G. CGSB 37GP56M Classification:Type 2,Class C, Grade 1. 1.03 SYSTEM DESCRIPTION A. Systems 3255 Description: Two ply-base and top-S.B.S. Modified Membrane—Heat Welded Dens-Deck Roof Board—Mechanically attached Tapered insulation—Mechanically attached Wood decking 1.04 SUBMITTALS A. Manufacturer's product data sheets and installation instructions on all materials proposed for use. B. Specimen copy of the manufacturer's 10 year roofing warranty. C. Submit two 12-inch square samples of membrane illustrating the color and thickness to be used. D. Submit a copy of the manufacturer's installation instructions. 1.05 QUALIFICATIONS A. Applicator's Qualifications: i. Approved by the manufacturer prior to the bidding period and throughout the installation and able to present a copy of his certification upon request by the Architect or Owner. ii. Applicator must have installed at least five roofs of similar materials and methods specified for this project. B. Manufacturer's Qualifications: i. Must have a minimum of 10 years experience manufacturing SBS modified bitumen roofing membranes. ii. Provide a factory trained technician for final inspection of the roofing system. iii. Provide a warranty upon satisfactory installation of the roofing system. 07525-1 SBS Modified Bitumen Roofing 1.06 REGULATORY REQUIREMENTS A. Provide a Class"A"rated fire hazard assembly 1.07 PRE-INSTALLATION CONFERENCE A. Convene prior to commencing work of this section at a time and location to be determined by the Owner. 1 All parties responsible for work of this section are required to attend including the Owner, Material Manufacturer, Contractor and any other trades involved in the roofing work. 2. Review installation procedures and coordination required with related Work. 3. Inspect and make notes of job conditions prior to installation. 1.08 DELIVERY, HANDLING AND STORAGE A. Deliver all materials and store in their unopened original packaging, bearing the manufacturer's name, related standards and any other specification or reference accepted as standard. B. Carefully store on end materials delivered in rolls,with selvage edges up, a minimum of 6-inches above grade.Store metal flashings and counter flashings in such a way as to prevent wrinkling,twisting,scratching and other damage. C. Avoid stockpiling of materials on roofs without first obtaining acceptance from Owner. 1.09 QUALITY ASSURANCE A. Submit certification by the manufacturer of the system materials used that these Specifications and the Drawing Details are acceptable to them for the deck and surfacing to which they are to be applied. i. If details for any manufacturer's systems proposed in the Contract Documents are not acceptable to the manufacturer,submit corresponding details proposed for the particular application,together with the manufacturer's reasons for not accepting the conditions depicted in the Specifications or Drawings. No alternate details will be considered without evidence of valid objections on the part of the manufacturer to the Contract requirements. ii. No deviation is to be made from this Specification without prior written approval by the manufacturer,submit such approval to the Owner. B. Inspection: Prior to,during installation and at completion of the installation, an inspection shall be made by a representative of the manufacturer in order to ascertain that the roofing system has been installed according to their published specifications, standards and details. i. Warranty will be issued upon approval of the installation (See 1.12 of this section). 1.10 JOB CONDITIONS A. Surfaces on which the roofing membrane system is to be applied shall be dry,clean, smooth,free of fins,sharp edges, loose and foreign materials,oil and grease. i. Before beginning work,a representative of the manufacturer shall examine the roof surfaces in order to ensure that the substrate is acceptable. ii. Do not begin installation until all defective conditions have been corrected. 1.11 WARRANTY 07525-2 SBS Modified Bitumen Roofing A. Upon completion of the work,furnish to the Owner via the Contractor the manufacturer's written and signed standard system warranty,certifying the performance of his products and the consistency of the properties of such products affecting their performance for a period of 10 years(20 year option)from date of acceptance and that installation of the product is in accordance with manufacturer's requirements. B. The Contractor is to guarantee all work against defects in materials and workmanship for a period of(2)years following final acceptance of the Work. 1.12 LABORATORY TESTING A. Upon request from the Owner or Architect the elastomeric membrane manufacturers shall supply, at their expense,the results of mechanical and chemical testing performed on the elastomeric asphalt materials supplied. B. The tests shall be performed to certify compliance with the standards referenced under this section. 1.13 SITE PROTECTION A. During roofing work,exposed surfaces of finished walls and ground shall be protected with tarps in order to prevent damage. Contractor shall assume full responsibility for any damage. PART 2 PRODUCTS 2.01 GENERAL A. Acceptable Manufacturer. i. Soprema Inc. 310 Quadral Drive Wadsworth,Ohio 44281 ii. Northwest Office Ken Stilwell 2212 Queen Anne Ave. N.#289 Seattle,WA.98109 (206)409-2421 2.02 MEMBRANE A. Base Ply: SOPRALENE FLAM 180 i. Description: Waterproof membrane shall have a non-woven polyester reinforcement and thermofusible elastomeric asphalt. Both sides shall have a thermofusible plastic film.This membrane is to be applied by torching only. ii. Components: Reinforcement shall be 3.68 lb./sq. non-woven polyester. Elastomeric asphalt shall be a mix of selected bitumen and SBS thermoplastic polymer. iii. Physical Properties: a. Tensile strength: Longitudinal-119 lb./in. Transversal-88 lb./in. b. Ultimate elongation, 07525-3 SBS Modified Bitumen Roofing Longitudinal,58% Transversal, 64% C. Static puncture strength-67 lb. d. Low temperature flexibility, no cracking at-22 degrees F. e. Thickness: 120mils(3mm) B. Membrane Top Ply: ELASTOPHENE FLAM FR GRANULES i. Description: Waterproofing membrane shall have a glass mat reinforcement and thermofusible elastomeric asphalt. The top side shall be self-protected with colored granules. The underside shall be protected by a thermofusible plastic film.This membrane is to be applied by torching only. a. Color to be white. ii. Components: Reinforcement shall be 1.9 lb./sq.fiberglass. Elastomeric asphalt shall be a mix of selected bitumen and SBS thermoplastic polymer. iii. Physical properties: a. Tensile strength: Longitudinal-82 lb./in. Transversal-867lbs./in. b. Ultimate elongation: Longitudinal-4% Transversal- 4% C. Static puncture strength-18 lbs. d. Low temperature flexibility,no cracking at-22 degrees F. C. Base Ply Flashing:SOPRALENE FLAM 180 D. Top Ply Flashing: SOPRALENE FLAM 250 FR GR 2.03 FASTENERS A. Fasteners: Factory-coated steel fasteners and metal plates complying with corrosion-resistance provisions of FM 4470, designed for fastening roofing board to substrate, tested by manufacturer for required pullout strength, and acceptable to roofing system manufacturer. B. Masonry: Nail-in expansion type device with zinc body, plated steel nail, mushroom head and long enough to embed into the masonry a minimum of 1-inch. 2.04 TAPERED INSULATION A. Ridged board insulation: Roof insulation shall be UL and FM approved. i. Maintain a maximum panel size of 4 feet by 4 feet where insulation is to be mechanically attached. ii. Thickness of individual panels to be a maximum of 2.5 inches. Provide multiple layers as required to achieve overall thickness indicated on drawings. iii. Insulation shall have a %4:12 slope. iv. Insulation to have a minimum average value of R-10. 07525-4 SBS Modified Bitumen Roofing B. Polyisocyanurate: A closed cell, rigid polyisocyanu rate foam core material, - integrally laminated between glass fiber facers, in compliance with ASTM C 128, type Il. i. Multimax FA by RMAX, Inc.: Dallas, TX 2.05 COVER BOARD A. Roof Board: Dens-Deck Preprime or equal. i. Roof board shall be a glass mat faced, noncombustible,water-resistant treated gypsum core panel for use in commercial roof assemblies. ii. Product thickness: %inch 2.06 PRIMER A. Asphalt Primer: ELASTOCOL 500 i. Primer shall be applied on all dissimilar materials except insulation. ii. Description: Black bituminous varnish. iii. Composition:Asphalt modified bitumen with thermoplastic polymers and volatile solvents. 2.07 MISCELLANEOUS A. Traffic Topping: Shall be SOPRALENE 250 GRANULES. B. Mastic: SOPRAMASTIC or equal as approved by membrane manufacturer. C. Sopralene Flam 180 for gusset material. PART 3 EXECUTION 3.01 SURFACE INSPECTION AND PREPARATION A. Before commencing work,all surfaces shall be smooth,clean,dry and free of any debris that would adversely effect the installation of the membrane. J i. See 1.11 of this section. B. Before commencing work,the Owners representative,together with the roofing contractor,shall inspect and approve the deck conditions as well as verticals on parapet walls, roof drains,stack vents,vent outlets and others,building joints,etc. If applicable, a non-compliance notice shall be submitted to the Owner so that adjustments can be made.Commencement of work shall imply acceptance of surfaces and conditions. C. Do not install materials in conditions of inclement weather. 3.02 INSTALLATION A. Install roofing membrane on clean and dry surfaces, in accordance with the manufacturer's requirements and recommendations. B. Perform roofing work on a continuous basis as surface and weather conditions allow. C. Protect adjoining surfaces against any damage that could result from roofing board. D. Install only as much roofing board as can be completed in one day. If weather conditions do not permit such completion,exposed areas shall be temporarily weatherproofed to prevent any water infiltration from damaging other materials already installed. 3.03 EQUIPMENT 07525-5 SBS Modified Bitumen Roofing A. Maintain all equipment and tools in good working order. 3.04 INSULATION AND COVER BOARD APPLICATION A. Mechanically attach roofing board as per FM 1-90 and manufacturer's recommendations. 3.05 ASPHALT PRIMER APPLICATION A. Prime all roofing board and dissimilar surfaces to which asphalt or membrane will come in contact.Apply at the rate of 150-200 sq.ft./gallon. Coat all metal flashings and fascia with primer which will come in contact with membrane. 3.06 BASE PLY INSTALLATION A. Unroll dry base ply membrane on deck for alignment. Each strip shall have three(3) inch side laps and six(6) inch end laps. i. Begin at low point of roof. ii. Place membrane so edge lap will be centered on drain. B. Reroll base plies(halfway)one end at a time to insure proper alignment and torch weld onto an approved substrate, in accordance with recommendations of Soprema. C. Application shall provide a smooth surface,free of air pockets,wrinkles,fishmouths or tears. D. Seal all laps by running a hot trowel along the edge of the seam. E. Run base ply tight up against any vertical surfaces such as curbs, parapets, and vents. 3.07 BASE PLY FLASHING INSTALLATION A. Prior to application,the vertical surface receiving the base ply flashing shall receive a coat of primer at the rate of 150-200 sq.ft./gallon. This primer coating must be dry before application of the base sheet flashing. i. For gusset application refer to 3.22 of this section. B. Lay base ply flashing in strips three(3)feet wide to the vertical surfaces,extending onto the flat surface of the roof a minimum of four(4)inches. Side laps shall be three (3)inches and shall be staggered a minimum of four(4)inches with the laps of the base ply. C. Torch weld base ply flashing directly on its support from bottom to top followed by the torching of the roof tie-in. D. After installation of base ply flashing,check all lap seams on the flashing by running a heated trowel along the edge of the seams. i. THOROUGHLY SEAL ALL VOIDS IN THE CORNERS AND SEAMS. 3.08 TOP PLY INSTALLATION A. Once the base ply has been completed and does not show any defects, install the top ply. B. Unroll top ply starting from the low point of the roof. Care must be taken to insure good alignment of the first roll (parallel with the edge of the roof).A 45 degree cut shall be made on the selvage edge of underlying membrane prior to application to insure a good seal between the membrane. 07525-6 SBS Modified Bitumen Roofing i. First piece must have granules embedded 4-inches wide along the full length and 6-inches at end laps. C. Torch weld top ply in accordance with recommendations of Soprema,onto the base ply membrane. i. During this application, simultaneously melt both surfaces forming an asphalt bead that pushes out in front of the top sheet. D. Do not to burn the membrane and their respective reinforcements. E. Stagger base ply and top ply seams a minimum of twelve(12)inches. F. Top ply shall have side laps of three(3)inches and end laps of six(6)inches. Prior to installation of following ply,embed surface granules on laps by torch heating the membrane surface and pressing the granules into the melted asphalt with a hot trowel. G. Ensure the two membranes are perfectly welded, without air pockets,wrinkles, fishmouths or tears. H. After installation of the top ply,check all lap seams on the top ply using the edge of a hot trowel. Correct any defect. I. During installation, avoid asphalt seepage greater than 1/4 inch at seams. i. Cover any asphalt seepage with a sprinkling of loose granules,color to match membrane. 3.09 TOP PLY FLASHING INSTALLATION A. Lay top ply flashing in strips three (3)feet wide. i. Side laps shall be three(3) inches and shall be staggered a minimum of four(4) inches from top ply laps. B. Torch weld top ply flashing in accordance with recommendations of Soprema, directly on its base ply, proceeding from bottom to top followed by the torching of the roof tie-in. C. Using a chalk line, lay-out a straight line on the top ply surface, parallel to the roof edge,six(6) inches inside the roof from the base of the cant strip or right angle to be flashed. D. Using a torch and heated flat trowel embed the surface granules into the heated and soft bitumen from the chalk line to the edge of the top ply, and to the top of the cant or right angle. E. Extend top ply flashing down the vertical surface and onto the flat roof at a distance of six(6)inches, to the extent of the area of embedded granules. For ease of application,cut roll into required lengths and use width of roll three(3)feet down length of roof, maintaining specified three(3) inch laps. i. Firmly press flashing into position using a damp sponge. F. Thoroughly seal all voids in the corners and seams. G. Application shall provide a smooth surface, free of air pockets,wrinkles,fishmouths or tears. H. During installation, avoid asphalt seepage greater than 114 inch at seams. i. Cover asphalt seepage with a sprinkling of loose granules, color to match membrane. 3.10 WATER CUT-OFF A. At the end of the day's work, and when precipitation is eminent, a water cut-off shall be constructed at all open edges.Construct the cut-off with the same membrane and asphalt as that used for the roofing system. Cut-off must be able to withstand 07525-7 SBS Modified Bitumen Roofing extended periods of wet weather. The water cut-off shall be completely removed prior to resuming the installation of the roofing system. 3.11 CLEANING A. Clean-up and remove daily from the site all wrappings,empty containers, paper, loose particles and other debris resulting from these operations. B. Remove asphalt markings from finished surfaces. C. Repair or replace defaced or disfigured finishes caused by work of this section. 3.12 PROTECTION A. Provide traffic ways,erect barriers,fences, guards, rails,enclosures,chutes and the like to protect personnel, roofs, structures,vehicles and utilities. 3.13 FIELD CONTROL A. Field inspection will be performed as outlined under 1.10 of this section. 3.14 ROOF DRAINS A. Taper insulation (as required), provide a smooth transition from drain bowl to deck surface. i. Prime all metal surfaces. ii. Using a trowel,set a 6-inch wide layer of mastic around the drain bowl edge as water cut-off. B. Install base ply membrane with lap centered on bowl and as specified under 3.09 of this section ensuring a tight seal at drain. i. Install a fully primed, 30-inch square sheet of 4-lb. lead flashing set in mastic. ii. Torch into place a reinforcing sheet of base ply material three feet square centered on drain. iii. Extend membranes 1-inch beyond the inside edge of the drain bowl and temporarily secure with clamping ring. C. Install top ply as specified under 3.11 of this section. i. Extend membrane 1-inch beyond the inside edge of the drain bowl. ii. Position membrane so as to avoid the occurrence of any seams at drains. iii. Seal off drain by running a hot trowel along the edge and firmly pressing against the rim. D. Install clamping ring and drain covers supplied with drain. E. Test all drains for proper flow and watertightness. Correct defects. 3.15 WALKWAYS A. Install an additional 36-inch wide by 4-foot long sheet of Sopralene 250 Granules (in a color different from field of roof) as walkway. Perform layout in a pattern the same as existing. B. Layout sheets dry, adjusting spacing to be uniform,cut and trim pieces as required to fit conditions,direction changes and closing. i. No piece shall be less than 24-inches. ii. Provide a 2-inch gap between sheets for drainage. C. Align the sheets to be straight and true, using a straight edge or snap lines as required. Prime roof area to be covered by walkway. D. Follow specifications for top ply installation. 07525-8 SBS Modified Bitumen Roofing 3.16 COPING/ COUNTER-FLASHINGS/PARAPETS A. Wherever possible and practical it is permissible to reuse existing counter flashings. When new counter flashings are installed they must be inserted into the wall by cutting the stucco/masonry and completed in a water-tight manner per SMACNA details. B. Where roofing materials have been removed from parapet walls, the new membrane materials shall extend up the parapet to the edge of existing coping. A new metal flashing shall be inserted behind the face of the coping extending over the new membrane a minimum 6". Masonry fasteners shall be installed a maximum of 8"OC and shall penetrate the new membrane flashing materials. Assure that coping will remain in a water-tight condition. C. Verify all surfaces are properly secured and fully primed, ready to receive membrane flashings. D. Base ply membrane is to run horizontally tight up to the vertical surface as required. E. Install base ply flashing according to 3.10 of this section. i. Install a continuous metal cleat(material)and edge as detailed. a. Prime all dissimilar surfaces prior to membrane or flashing installation. b. Seal all edges with a hot trowel. F. Torch weld top ply membrane and flashing as detailed and specified under 3.11 and 3.12 of this section. END OF SECTION 07525-9 SBS Modified Bitumen Roofing o ' n FIELD CAP MEMBRANE PLY REINFORCING MEMBRANE PLY EXTEND 3" (7.6cm) BEYOND LEAD 30" (76.2cm) SQUARE MINIMUM, 0 2 1/2 LB. TO 4 LB. (1.2kg TO 1.8kg) LEAD OR 16 OZ. (0.5kg) COPPER FLASHING SET IN BED OF SOPREMA OD :'' r'' MASTIC, PRIME TOP SURFACE BEFORE g ....." '`''"' INSTALLING REINFORCING PLY 3 ,> : ..........................::......." : : :: :: : .:.:.::.::::.::.:.:..:.:...:. DRAIN STRAINER . . . w IIFF ..s .??� a.. .:� 1' L W �;W q .... ..n. ................................... t:s v vt:::::..::..::.................. h. ... :..+•::fir.!:•.:^:::•:is FIELDBASE , :. . ............................................. MEMBRANE PLY ::'X%:•:::.;:::•::::::::.............. :.. COVERBOARD INSULATION (IF REQUIRED) THERMAL INSULATION (IF REQUIRED) - ROOF DECK '%bIYII.�yO" a.a CLAMPING RING DRAIN BOWL DRAIN FLASHING, FIELD BASE, REINFORCING AND MEMBRANE PLIES EXTEND UNDER CLAMPING RING AND TURN LEAD DOWN INTO BOWL 1" (2.54cm) MIN. INSTALL A MINIMUM 8" (20cm) WIDE BED OF SOPREMA MASTIC ONTO THE DRAIN FLANGE AND OUT ONTO THE INSULATION PRIOR TO EMBEDDING THE FIELD BASE MEMBRANE PLY INTO THE MASTIC. AFTERWARD, APPLY ANOTHER BED OF MASTIC ON TOP OF THE BASE PLY PRIOR TO THE APPLICATION OF THE PRIMED DRAIN LEAD FLASHING. WHEN POSSIBLE INSTALL MINIMUM 4' (10.2cm) DRAIN SUMP IN ANY ONE DIRECTION—OR THAT ADDITIONAL TAPER TO PROVIDE POSITIVE DRAINAGE. NOTES: 1. USE IN CONJUNCTION WITH SOPREMA GENERAL REQUIREMENTS 310 QUADRAL DRIVE AND APPROVED DETAILS WHILE CONSTRUCTING OTHER ROOF ® WADSWORTH. OHIO 44281 COMPONENTS TO EXCEED CURRENT EDITION REQUIREMENTS OF =s (330) 334-0066 FM APPROVALS, SMACNA, NRCA, ANSI/SPRI ES 1-98 AND 7I7LE FLORIDA BUILDING CODE-RAS NO. 111 WITH THE MOST DRAIN W/ CLAMPING RING STRINGENT REQUIREMENTS OR RECOMMENDATIONS PREVAILING. SCALE I DWN I CHK I APPROVAL DATE 2.SOPREMA ADHESIVES, CEMENTS, MASTICS, PRIMERS AND NONE DMT PR 6/15/03 SEALANTS ARE REQUIRED WHERE INDICATED. DRAWING NUMBER ADR-001 0 REV »USAGE OF TM DRAWIM 15 GOVERNED BY THE TERMS OF SERVCE FOR SOPRID A WM_ PLEASE CONSULT THESE TERNS OF SERVICE PRIOR TO VIRRNIO THIS DRA*Wl O EXTEND FIRST MEMBRANE FLASHING METAL JOINT COVER PLY DOWN OUTSIDE FACE OF WALL. APPROX. 1/2" PLATE 6" (152mm) WIDE tO SEAL SIDE LAPS (13mm) GAP MIN. SET IN TWO BEADS o OF SEALANT CONTINUOUS TAPERED ° WOOD SHIM METAL CAP a / ^� FASTENER AND SEALING WASHER SPACED AS Of z z \\\ SPECIFIED 3 � U \ O E m U) LIZ E E m E / to N : i FASTENERS APPROX. 8 0 / (203mm) O.C....... . ..... ... ........ ........ m ................... . ...............�.............................. .:. WOOD NAILER n PRIMED MASONRY L �•�. NRY SUBSTRATE. ON x — :ti iEti�:• HEAT WELDED FLASHING WITH WOOD SUBSTRATE, FASTEN SOPREMA * :.::•. '':'•t::; `• :. . '.'::•: : ::;.5 '' APPROVED B A SE SHEET 8 :t:=. • . •:::..:•••:•::::..........:•: ...................::•:::: _r;..;...,::';:::::•: ::.:::::::: :...::;.::::::•::•::::.::: ::;:•::: (203) O.C. IN GRID PATTERN AND AT SIDE LAPS. ON HEAT WELDED FLASHING :r EMBED GRANULES "" - ' '`` ' IN FLASHING AREA 4" (102mm) MIN. 2" 51 mm MIN. t1r V :: CAP MEMBRANE FLASHING PLY FIELD CAP MEMBRANE PLY FIRST MEMBRANE FLASHING PLY FIELD BASE MEMBRANE PLY WOOD NAILERS AND CANT COVERBOARD INSULATION (IF REQUIRED) FASTENED (IF REQUIRED) AS SPECIFIED THERMAL INSULATION (IF REQUIRED) ROOF DECK NOTES: 1. USE IN CONJUNCTION WITH SOPREMA GENERAL REQUIREMENTS AND APPROVED DETAILS WHILE CONSTRUCTING OTHER ROOF COMPONENTS TO EXCEED CURRENT EDITION REQUIREMENTS OF FM APPROVALS, SMACNA, NRCA, ANSI/SPRI ES 1-98 AND FLORIDA BUILDING CODE-RAS NO. 111 WITH THE MOST STRINGENT REQUIREMENTS OR RECOMMENDATIONS PREVAILING. 310 QUADRAT DRIVE 2.SOPREMA ADHESIVES, CEMENTS, MASTICS, PRIMERS AND MPRMA WADSWORTH, OHIO 44281 SEALANTS ARE REQUIRED WHERE INDICATED. fA� (330) 334-0066 3.WHEN A PROJECT SPECIFICATION REQUIRES SOPREMA TO TITLE WALL BASE FLASHING WARRANT SHOP FORMED METAL(S), ROOFING CONTRACTOR MUST SUBMIT METAL SPECIFICATION AND ALL PROPOSED METAL SCALE I DWN I CHK I APPROVAL DATE DETAILS TO THE NATIONAL TECHNICAL DEPARTMENT FOR NONE DMT PR 6/15/03 REVIEW/APPROVAL PRIOR TO BIDDING AND/OR INSTALLATION. DRAWING NUMBER REV AWBF-001 0 US4CE OF 7M DRAWN'IS GOVERNED BY 7HE TERMS OF SERVICE FOR SOPREMA DETAIL PLEASE CONSULT THESE TERMS OF SERVICE PRIOR TO UTIMM THIS DRAMW o ' n CONTINUOUS THROUGH-WALL FLASHING (BY OTHERS) __ WEEP HOLES (BY OTHERS) o TOOLED POLYURETHANE SEALANT a (BY OTHERS), DO NOT BLOCK WEEP HOLES SHEET METAL REGLET CD FASTENERS SPACED 3 AS SPECIFIED / w SPECIFIED METAL / �QC COUNTERFLASHING i OPTIONAL: MEMBRANE SHEET II I CCLLOSUURL SECURED AND ADHERED TO WAL i o / i I ON HEAT WELDED FLASHING, FASTEN SOPREMA APPROVED BASE SHEET. 8" (203mm) O.C. IN GRID PATTERN ,..: AND AT SIDE LAPS. 0 i FASTENERS APPROX. 8" (203mm) O.C. ':..::' ' FLEXIBLE VAPOR RETARDER WITH COMPRESSIBLE INSULATION :. _.. ON HEAT WELDED FLASHING, EMBED GRANULES IN FLASHING AREA TYP. 102 4" mm ( ) MIN. 2" (51 mm) MIN. } .:} f. A,r n�•;Y CAP MEMBRANE FLASHING PLY FIELD CAP MEMBRANE PLY FIRST MEMBRANE FLASHING PLY FIELD BASE MEMBRANE PLY COVERBOARD INSULATION (IF REQUIRED) THERMAL INSULATION (IF REQUIRED) WOOD BLOCKING AND CANT FASTENED AS SPECIFIED NOTES: ROOF DECK 1.USE IN CONJUNCTION WITH SOPREMA GENERAL REQUIREMENTS AND APPROVED DETAILS WHILE CONSTRUCTING OTHER ROOF COMPONENTS TO EXCEED CURRENT EDITION REQUIREMENTS OF FM APPROVALS, SMACNA, NRCA, ANSI/SPRI ES 1-98 AND FLORIDA BUILDING CODE-RAS NO. 111 WITH THE MOST STRINGENT REQUIREMENTS OR RECOMMENDATIONS PREVAILING. 2.SOPREMA ADHESIVES, CEMENTS, MASTICS, PRIMERS AND ® ADS(330)ORTH. OHIO 44281 L DRIVE SEALANTS ARE REQUIRED WHERE INDICATED. 80PREMA WDSW0) 3 ® 334-0066 3.WHEN A PROJECT SPECIFICATION REQUIRES SOPREMA TO A WARRANT SHOP FORMED METAL(S), ROOFING CONTRACTOR NON-WALL SUPPORTED BASE FLASHING MUST SUBMIT METAL SPECIFICATION AND ALL PROPOSED METAL I DWN I CHK APPROVAL DATE DETAILS TO THE NATIONAL TECHNICAL DEPARTMENT FOR NONE DMT PR 6/15/03 REVIEW/APPROVAL PRIOR TO BIDDING AND/OR INSTALLATION. 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ZawBaZZ—CL vim ® oa =� O8 �NI-c��+ z acnJ w z J as ° �wLL- wl- Oo=Wzow ww pVd w JNNL►Wm QJO aJ � J af=-- a(OnOOQ �wZ �WU Z OW2mZ0 Wa V) ZI--' ?i � aJ Oaf Na0 ma � a 33 °ZZ- ° aocn NDw ��zmNa�a =� °� Q 3:wooxw U- W zz-� 0�0 a ° °waaaa�� Z�� wz �z � w Nwz �w v�� mQO co)��UQOC~i,w ag LLI �+-Jow- �mD � V) NN Oj gZ� wC9 -i < -JQ� Z��LLIcr �� w Zm �b CL a (n Q w�,]a Wao wozUa0wc� a0 > O 0-3::0 (n V) �pv) UU- L-g � w agUzV) �=c� �-3o v>woxaz=w oz o zZ cii DmOW aal--� cna Z (n00ZM� 0 N 4a woymwa: z y ° Nm 0 C W W}LL aOwMcno \ Ev \ J �z a in : N rr to W U W v F-- Z yO Q w W M Z } pq f OW W EL O Y 0 tT •` 3• s• v O zr p � o \ W Z Q i +.. 0 - w r . :5w O Z W O � '. O M;, z ir w = o w F- Ly- 0=) J N W afW LL- LL. Z W a Of > \ E "w OW O \\ I N LL<, U� W ` N J z W w 0 �U w O C'I W O of(n Z SECTION 07621 -SHEET METAL FLASHING AND TRIM PART 1 —GENERAL 1.01 SECTION INCLUDES A. Sheet metal flashings and trim items such as concealed flashings, parapet caps, scuppers, flashings and counter flashings at roof perimeter parapets, and elsewhere as shown or required. 1.02 RELATED SECTIONS Section 06100- Rough Carpentry Section 07525- Modified Bitumen Roofing Section 07900—Joint Sealers Section 09900—Painting 1.03 REFERENCES ASTM A 525 Specifications for General Requirements for Steel Sheet, Zinc Coated (Galvanized)by the Hot-Dip Process ASTM D 226 Specifications for Asphalt-Saturated Organic Felt Used in Roofing and Waterproofing FM Factory Mutual Loss Prevention Data Sheet 1-49, Perimeter Flashing FS 0-F-506 Flux, Soldering, Pasteand Liquid FS QQ-S-571 Soldier,Tin Alloy NAAM National Association of Architectural Metal Manufacturers-Metal Finishes Handbook NRCA National Roofing Contractors Association-Roofing and Waterproofing Manual SMACNA Sheet Metal and Air Conditioning Contractor's National Association- Architectural Sheet Metal Manual 1.04 SUBMITTALS A. Shop Drawings: Describe material profile,jointing pattern,joint details,fastening methods, and installation details. B. Product data: Submit manufacturer's data on materials,finishes,gages, and accessories. Also, submit installation instructions. 1.05 QUALITY ASSURANCE A. Installer qualifications: Company installing roofing and specializing in sheet metal flashing work with at least 3 years of experience in the trade. 1.06 DELIVERY, STORAGE, AND HANDLING A. Pack and ship with adequate provisions to prevent marring and other damage. B. Verify undamaged condition at time of site acceptance. C. Stack pre-formed and pre-finished material to prevent twisting, bending, or abrasion, and to D. provide ventilation. E. Prevent contact with materials that may cause discoloration,staining,or damage during storage. 07621-1 Sheet Metal Flashing and Trim r. PART 2—PRODUCTS 2.01 MATERIALS A. Galvanized steel-ASTM A 525. Minimum 24-gage unless otherwise indicated on Drawings. C. Provide miscellaneous accessory materials, tools, and equipment to complete the sheet metal flashing and trim work including, but not limited to, the following: i. Fastener: Galvanized steel with soft neoprene washers at exposed fasteners. Finish exposed fasteners same as flashing metal. ii. Metal primer: Tnemec Zinc No.90-97, or approved equal. iii. Bedding compound:As recommended by modified bitumen roofing manufacturer to maintain 20 year roofing warranty. iv. Solder:ASTM B 32. v. Flux: FS 0-F-506 2.02 FABRICATION A. Form sections true to shape, accurate in size, square, and free from distortion or defects. B. Solder and seal metal joints.After soldering, remove flux. Wipe and wash solder joints clean. 2.03 FINISH A. Shop prepare and prime exposed ferrous metal surfaces. PART 3—EXECUTION 3.01 EXAMINATION A. Verify installation conditions as satisfactory to receive work of this section. Do not install until unsatisfactory conditions are corrected. B. Verify roof openings, curbs, pipes, sleeves, ducts,or vents through roof are solidly set, cant strips in pace, and nailing strips located. C. Verify membrane termination and base flashings are in place, seated, and secure. 3.02 PREPARATION A. Field measure conditions prior to fabricating work. B. Install starter and edge strips and cleats, as necessary, before starting installation. C. Lap and seal joints. D. Fit flashings tight in place. Make comers square, surfaces true and straight in planes, and lines accurate to profiles. E. Solder metal joints watertight for full metal surface contract.After soldering,wash metal clean with neutralizing solution and rinse with water. 3.03 INSTALLATION A. Conform to Drawing details included in SMACNA manual. Provide cover plates at joints and accommodate expansion. 3.04 CLEANING A. Leave premises clean and free from residue of work of this section and ready for subsequent finish. END OF SECTION 07621-2 Sheet Metal Flashing and Trim SECTION 07900 JOINT SEALER c. PART 1 —GENERAL 1.01 SECTION INCLUDES A. Sealant and backing. 1.02 REFERENCES A. ANSI/ASTM D1056- Flexible Cellular Materials -Sponge or Expanded Rubber. B. ANSI/ASTM D1565- Flexible Cellular Materials—Vinyl Chloride Polymers and Copolymers (Open-Cell Foam). C. FS TT-S-00227-Sealing Compound: Elastomeric Type, Multi-Component. D. FS TT-S-00230-Sealing Compound: El.astomeric Type, Single Component. E. SWI (Sealing and Waterproofers Institute)-Sealant and Caulking Guide Specification. 1.03 QUALITY ASSURANCE A. Manufacturer: Company specializing in manufacturing the products specified in this Section with minimum five years experience. B. Conform to Sealant and Waterproofers Institute requirements for materials and installation. 1.04 ENVIRONMENTAL REQUIREMENTS A. Do not install solvent curing sealants in enclosed building spaces. B. Maintain temperature and humidity recommended by the sealant manufacturer during and after installation. PART 2—PRODUCTS 2.01 SEALANTS A. Polysulphide Sealant: FS TT-S-00230.Type II—non-sag,or I -self-levelling, Class A;color as selected. B. Polysulphide Sealant:Two component; FS TT-S-0022,Type II-non-sag or self-levelling, Class A;color as selected. C. Polyurethane Sealant: FS TT-S-00230, Type II non-sag or I -self-levelling, Class A; color as selected. D. Polyurethane Sealant: Multi-components; FS TT-S-00230,Type II-non-sag,or I -self- levelling, Class A; color as selected. 2.02 ACCESSORIES A. Primer: Non-staining type, recommended by sealant manufacturer to suit application. B. Joint Cleaner: Non-corrosive and non-staining type, recommended by sealant manufacturer; compatible with joint forming materials. C. Joint Backing:As recommended by sealant manufacturer. D. Bond Breaker: Pressure sensitive tape recommended by n sealant manufacturer to suit application. 07900-1 Joint Sealer PART 3—EXECUTION 3.01 EXAMINATION A. Verify that surfaces or joint openings are ready to receive work. B. Beginning of installation means installer accepts existing surfaces or substrate. 3.02 PREPARATION A. Clean and prime joints in accordance with manufacturer's instructions. B. Remove loose materials and foreign matter which might impair adhesion of sealant. C. Verify that joint backing and release tapes are compatible with sealant. D. Protect elements surrounding the work of this Section from damage or disfiguration. 3.03 INSTALLATION A. Install sealant in accordance with manufacturer's instructions. B. Measure joint dimensions and size materials to achieve required width/depth ratios. C. Install joint backing to achieve a neck dimension no greater than 1/3 the joint width. D. Install bond breaker where joint backing is not used. E. Apply sealant within recommended application temperature ranges. Consult manufacturer when sealant cannot be applied within these temperature ranges. F. Install sealant free of air pockets,foreign embedded matter, ridges, and sags. G. Tool joints as detailed. 3.04 CLEANING AND REPAIRING A. Clean work under provisions of Section 01700. B. Clean adjacent soiled surfaces. C. Repair or replace defaced or disfigured finishes caused by work of this Section. END OF SECTION 07900-2 Joint Sealer SECTION 08111 STEEL DOORS AND FRAMES PART 1 —GENERAL 1.01 WORK INCLUDED A. Steel doors and frames. 1.02 RELATED WORK Section 08700—Hardware. 1.03 REFERENCES A. SDI — 100—Standard Steel Doors and Frames. B. SDI — 105—Recommended Erection Instructions for Steel Frames. 1.04 QUALITY ASSURANCE A. Conform to requirements of SDI— 100. PART 2—PRODUCTS 2.01 DOORS AND FRAMES A. Exterior Doors: SDI— 100 Type III,style 2 full flush. B. Exterior Frames: 16 gage. 2.03 PROTECTIVE COATINGS A. Primer: Zinc chromate type. 2.04 FABRICATION A. Fabricate frames as welded unit assembly. B. Fabricate frames and doors with hardware reinforcement plates welded in place. Provide mortar guard boxes. C. Reinforce frames wider than 48 inches with roll formed steel channel fitted tightly into frame head,flush with top. D. Prepare frame for hardware. E. Close top edge of exterior door flush with inverted steel channel closure. Seal joints watertight. 2.05 FINISH A. Exterior Units: 0.60 oz/sq ft galvanized. B. Primer: Baked on. C. Finish: Baked enamel. PART 3—EXECUTION 3.01 INSTALLATION A. Install frames in accordance with SDI-105. B. Coordinate with masonry wall construction for anchor placement. END OF SECTION 08111-1 Steel Doors and Frames SECTION 08360 METAL SECTIONAL OVERHEAD DOORS PART 1 —GENERAL 1.01 WORK INCLUDED A. Full vertical overhead sectional door including: i. Steel panels of flush design ii. Operating hardware and supports. 1.02 RELATED WORK Section 08700—Hardware: . Section 09900—Painting 1.03 REFERENCES A. ANSI A216.1 —Section Overhead Type Door(NAGDM 102). B. ANSI/ASTM A446—Steel Sheet, Zinc-Coated (Galvanized)by the Hot Dip Process, Structural(Physical) Quality. C. ANSI/ASTM A526—Steel Sheet, Zinc-Coated (Galvanized)by the Hot Dip Process, Commercial Quality. 1.04 QUALITY ASSURANCE A. Manufacturer: Company specializing in overhead door construction with three years minimum experience. B. Applicator: Company specializing in installing overhead doors with three years documented experience or approved by manufacturer. 1.05 SUBMITTALS A. Submit shop drawings and product data. B. Indicate opening dimensions and tolerances,component construction, connections and details, anchorage methods and spacing, hardware and locations and installation details. C. Submit manufacturer's installation instructions. 1.06 OPERATION AND MAINTENANCE DATA A. Submit operation and maintenance data under provisions of Section 01700. PART 2—PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Overhead Door Company. B. Kinnear Door Company. C. McKee Door Company. D. Windsor Door Company. E. Substitutions: Under provisions of Section 01600. 2.02 MATERIALS A. Sheet Steel: ANSI/ASTM A526: galvanized to 1.25 oz/sq ft roll formed with v-groove for ribbed effect. B. Insulation: Rigid,foam in place polyurethane. 08360-1 Metal Sectional Overhead Doors 4 Y C. Weather-stripping: Resilient neoprene or vinyl strip. D. Metal Primer Paint: Standard with manufacturer. 2.03 COMPONENTS A. Exterior and interior skin of.016 galvanized steel prepainted with epoxy primer. End stiles and interior backup plate to be minimum 16 ga. galvanized steel. Provide thermal break between skins. B. Track: 3-inch wide roller steel track, continuous, vertical mounted; galvanized steel mounting brackets. Track standard with manufacturer for size of door. C. Hinge and Roller Assemblies: Heavy duty hinges and adjustable roller holders of galvanized steel; floating hardened steel ball bearing rollers, located at top of bottom of each panel at meeting joint. D. Door Panel Weather-stripping: At bottom of door panel, full width; contact with door panels. E. Jamb Weather-stripping: Roll formed steel fitted full height of jamb with integral resilient weather-stripping in moderate contact with door panels. F. Head Seal: Standard with manufacturer. G. Lift Mechanism: Torsion spring on cross head shaft, with braided steel lift cables. H. Safety Edge: At bottom of door panel, full width; electromechanical or pneumatic sensitized type, wired to reverse of door upon striking object; hollow neoprene or rubber covered to provide weather-strip seal. 2.04 FINISHES A. Exterior Steel: Painted with primer. Prepared for paint finish. B. Interior Steel: Painted with primer. Prepare for paint finish. PART 3—EXECUTION 3.01 INSPECTION A. Verify that wall openings are ready to receive work and opening dimensions and tolerances are within limits. B. Beginning of installation means acceptance of existing surfaces. 3.02 PREPARATION A. Prepare opening to permit correct installation of door unit and air and vapor barrier seal. 3.03 INSTALLATION A. Install door unit assembly in accordance with manufacturer's instructions and approved shop drawings. B. Use anchorage devices to securely fasten assembly to wall construction and building framing without distortion or stress. C. Securely brace door tracks suspended from structure. Secure tracks to structural members only. D. Fit and align door assembly including hardware, level and plumb, to provide smooth operation. E. Install perimeter trim and closures and weather-stripping. 08360-2 Metal Sectional Overhead Doors f 3.04 ADJUSTING AND CLEANING A. Adjust door assembly. B. Clean doors, frames. C. Remove labels and visible markings. END OF SECTION 08360-3 Metal Sectional Overhead Doors SECTION 08700 HARDWARE • PART 1 —GENERAL 1.01 SCOPE A. Work under this section includes the finish and security hardware requirements for the project. Items not specifically mentioned but necessary to complete the work, shall be furnished, matching the items specified in the quality and finish. 1.02 QUALITY CONTROL A. Supplier: Finish hardware shall be supplied by recognized Builder's Hardware Supplier who has been furnishing hardware in the same area as the project for a period of not less than two years. B. Installer: Finish hardware shall be installed only by experienced tradesman in compliance with trade union jurisdictions,either at the door and frame fabrication plant or at the project site. C. Codes: All finish hardware shall comply with applicable local and/or state current building codes. 1.03 SUBMITTALS A. Manufacturer's Data: Submit copies of Manufacturer's Data for each item of finish hardware. 1.04 PRODUCT HANDLING AND STORAGE A. Packaging: Each item or package is to be separately tagged with identification related to final hardware schedule. Basic installation instructions shall be included. B. Storage: Provide locked room at the jobsite for storage of hardware. 1.05 GUARANTEE A. Finish hardware shall be guaranteed against defects in workmanship and operation for a period of one year, backed by a factory guarantee of the hardware manufacturer,except the door closers shall be so guaranteed for five years. No liability shall be assumed by the hardware supplier where faulty operation is due to improper installation or failure to exercise normal maintenance. PART 2—PRODUCTS 2.01 BUTTS A. Manufacturer Listed: McKinney. B. Size: 4-1/2 x 4-1/2 unless otherwise listed or required to clear projecting trim. C. Quality: 1-1/2 pair up to including 90"in height. 2 pair over 90" in height. D. All lockable doors to have non-removable pins(NRP set screw in barrel). 2.02 LOCKSETS A. All locksets and latchsets shall be the product of"Best" (no substitutions allowed). 2.03 WEATHERSTRIP AND THRESHOLD A. Manufacturer Listed: Pemko/Rixson/National Guard 08700-1 Hardware 2.04 DOOR SILENCERS A. Manufacturer Listed: Glynn-Johnson B. Quantity: Furnish three (3)for each single door frame, and four(4) for each pair of door frames. C. Type: 64 or 65. 2.05 KEYING A. Owner will provide contractor coring and final coring. PART 3— EXECUTION 3.01 INSTALLATION A. Installation by skilled mechanics to Architect's satisfaction. Conform strictly to manufacture's templates and directions. Conform to referenced UBC and UL requirements. B. Adjust moveable parts to operate perfectly at time of final acceptance. C. Make further adjustments required during guarantee period. D. Replace hardware which has been damaged by use when damage is caused by faulty installation. E. Make mortises accurately to exactly receive hardware. Depth of mortises such that hardware is flush with finish surfaces. F. Place door stops and holders to allow maximum swing. Doors not to contact anything but stop. G. Hardware Placement: Locate hardware on doors as follows: i. Comply with handicapped code where more stringent requirements are indicated. ii. Dimensions are from the finished floor to centerline unless shown otherwise. Butts: Top 11-3/4"center of butt to bottom of frame; intermediate butt(s) equal distances between top and bottom butts; bottom butt 13"center of butt to finish floor. Lock/Latch Knobs: 40-5/16"center line strike. All other items per manufacturer's instructions or as directed. iii. After erection,check and adjust all operating hardware. iv. Protection and Cleaning: After installation, clean interior and exterior metal surfaces of all mortar, plaster, paint and other components. 3.02 HARDWARE GROUPS HW-1 DOOR 1 Each to have: 3 Butts TA2314 x 1D x 4-1/2 x 4-1/2 x NRP 1 Lock(storeroom) L9080 x 26D x Less Cyl. X Less Trim 1 Set Levers 111 L23USS.8 1 Cylinder Collar 306ZUS.8 1 Cylinder 1D64 x US19 1 Floor Stop F20X x U 19 1 Threshold 270A 1 Door Bottom 345AV 1 Set Weatherstrip S88D SECTION 08700-2 Hardware 3.02 HARDWARE GROUPS(continued) A. HW-2, Door 2 Each to have: 1 Padlock 4B7T82M3R END OF SECTION SECTION 08700-3 Hardware r SECTION 09220 PORTLAND CEMENT PLASTER • PART 1 —GENERAL 1.01 WORK INCLUDED A. Metal lathing. B. Glass fiber reinforced Portland cement exterior plaster system (stucco). 1.02 REFERENCES A. ASTM C150 - Portland Cement. B. ANSI/ASTM C206—Finishing Hydrated Lime. C. ANSI/ASTM C207—Hydrated Lime for Masonry Purposes. D. ANSI/ASTM C897—Aggregate for Job-Mixing Portland Cement—Based Plasters. E. ANSI/ASTM C926—application of Portland Cement—Based Plaster. F. PCA(Portland Cement Association)—Plaster(Stucco) Manual. 1.03 ENVIRONMENTAL REQUIREMENTS A. Do not apply plaster when substrate or ambient air temperature is less than 50 degrees F nor more than 80 degrees F. B. Maintain minimum ambient temperature of 50 degrees F during and after installation of plaster. PART 2—PRODUCTS 2.01 PLASTER BASE COAT MATERIALS A. Cement: ASTM C150, Normal—Type I Portland. B. Lime: ANSI/ASTM C206,Type S. C. Aggregate: In accordance with ANSI/ASTM C897. D. Water: Clean,fresh, potable and free of mineral or organic matter which can affect plaster. E. Plaster Mix Reinforcement: Glass fibers, %Z inch (13mm) nominal length, alkali resistant. 2.02 PLASTER FINISH COAT MATERIALS A. Cement: As specified for plaster base coat,white color. B. Lime: As specified for plaster base coat. C. Water: Clean,fresh, potable and free of mineral or organic matter which can affect plaster. 2.03 ACCESSORIES A. Exterior Corner Beads: USG's 1A or approved equal. B. Casing Bead: USG's#66 Square Edge with metal lath flange. C. Control Joint: USG's#100,or approved equal. 2.04 CEMENT PLASTER MIXES A. Mix and proportion cement plaster in accordance with ANSI/ASTM C926. B. Basecoat and Brown Coat: One part cement, minimum 3-1/2 and maximum 4 parts aggregate, and minimum 15 percent and maximum 25 percent hydrated lime, and glass fibers at a rate of 1-1/2 sack of cement. C. Finish Coat: One part cement plaster in accordance with ANSI/ASTM C926. D. Mix only as much plaster as can be used in one hour. SECTION 09220-1 Portland Cement Plaster E. Mix materials dry, to uniform color and consistency, before adding water. F. Protect mixtures from frost, contamination, and evaporation. G. Do not re-temper mixes after initial set has occurred. PART 3— EXECUTION 3.01 INSPECTION A. Verify that wall openings are ready to receive work. B. Beginning of installation means acceptance of existing conditions. 3.02 PREPARATION A. Protect surfaces near the work of this Section from damage or disfiguration. 3.03 INSTALLATION A. Place casing beads at terminations of plaster finish. Butt and align ends. Secure rigidly in place. B. Install accessories to lines and levels. C. Locate control joints as indicated. D. Establish control joints with specified joint device. 3.04 PLASTERING A. Apply plaster in accordance with ASTM C926. B. Apply scratch coat to a nominal thickness of/2 inch, brown coat to a nominal thickness of 3/8 inch and a finish coat to a nominal thickness of 1/8 inch over metal lathed surfaces. C. Moist cure scratch and brown coats. Apply brown coat immediately following initial set of scratch coat. D. After curing,dampen base coat prior to applying finish coat. E. Apply finish coat and wood float to a smooth and consistent finish. F. Avoid excessive working of surface. Delay trowling as long as possible to avoid drawing excess fines to surface. G. Moist cure finish coat for minimum period of 48 hours. 3.05 FINISH A. Provide smooth sand finish texture. END OF SECTION SECTION 09220-2 Portland Cement Plaster r SECTION 09900 PAINTING PART 1 —GENERAL 1.01 WORK INCLUDED A. Unless specifically scheduled or specified otherwise, all exposed exterior unfinished surfaces are to receive paint finish as specified herein. 1.02 SURFACES NOT TO BE PAINTED A. Unless specifically specified otherwise, the following surfaces are not to be painted: i. Exposed finish metals(aluminum, brass, bronze, stainless steel, copper, chrome). ii. Pre-finished sheet metal work. iii. Concrete walking surfaces and horizontal site concrete such as curbs. iv. Masonry. v. Items having a complete factory finish, except items built into surfaces which have painted finish. 1.03 COLORS A. Colors: Colors are to be custom mixed to match existing. 1.04 SUBMITTALS A. Number of Samples: Submit of each paint finish in duplicate. B. Preparation of Samples: Approximately 4"x12"size for trim'finishes. Approximately 12"x12" size for all others. Apply and label successive shingle fashion with each coat partially exposed. C. Timing for Submittal of Samples: Submit after material list is approved and colors are selected; before materials are delivered to job; in ample time to permit consideration without delaying construction schedule. D. Material Lists: Submit list of all products proposed for use for Architect's approval. Submit 3 copies before commencing painting complete with name of manufacturer,trade name or number, and purpose for which material is proposed. Obtain Architect's approval before ordering. Use same manufacturer's products for all coats of each individual finish unless otherwise approved by Architect. Contractor's option to use any one of the named manufacturers for each separate finish provided exact colors selected by Architect are available. E. Manufacturers' Specification Directions and Recommendations: Conform to manufacture's specifications, directions and recommendations for best results in use of each of their products for each condition. Should they be at a variance with these specifications, report discrepancy to Architect for decision. F. Color Formula List: At time of acceptance of the project furnish to the Owner a typewritten list of all colors and types of paint installed therein,complete with either the color formula for duplication or identifying paint manufacturer's number for replacement paint. G. Product Data: Submit manufacturer's published literature for manufacturer's specifications, physical characteristics and performance data. Submit as a supplement, manufacturer's instructions and directions for application if not included in manufacturer's published literature. 1.05 HANDLING SECTION 09900-1 Painting y A. Delivery and Storage of Materials: Deliver in unopened containers; manufacturer's original labels thereon. Do not open until approved by Architect. Store and mix material where directed by Architect. B. Inflammable Material: Take extraordinary care to prevent fire. Open cans of paint and varnish only as needed. Keep rubbing cloths and oil rags in tightly closed metal containers or remove from building at close of each day's work. PART 2—PRODUCTS 2.01 MATERIALS A. Sherwin Williams Duration Exterior Latex, Satin Finish. PART 3—EXECUTION 3.01 PREPARATION FOR PAINTING A. All surfaces must be smooth, dry, uniform in texture,clean and free of all greases,dust, dirt and other detrimental substances. Remove or protect all hardware, lighting fixtures and similar finished items; return same to their original state on completion of painting. Determine that proper temperatures have been attained an will be maintained. 3.02 APPLICATION OF FINISHES A. Number of coats: As specified hereinafter for each type of finish. On shop primed work an additional prime coat is not intended, except touch-up. If necessary to obtain uniform color or sheen, add additional coats. B. Thickness of Coats: Use ample undiluted materials; apply in uniform thickness over entire areas; do not exceed manufacturer's recommended spreading rate per gallon. Conform to Standard Specifications. C. Workmanship: Highest quality of skilled workman to Architect's satisfaction. Spread material evenly without runs, sags, this spots and skips. Cut sharp lines against unpainted surfaces and other colors. Allow each coat to harden at least 24 hours between coats. Finish surfaces uniform,free from streaks, blotches and other defects. D. Doors: Finish all edges same as faces of doors. E. Touch-up Steel Work: Touch-up abraded spots as soon after erection as possible before other than very light rusting can occur. Use same materials as sued for shop coat. Remove all rust before paint is applied. 3.03 EXTERIOR WORK A. Paint all ferrous, galvanized and shop-primed metal surfaces, except items specified not to be painted. Paint all metal surfaces of mechanical and electrical items. Paint all items as specified hereinafter. B. Galvanized Metal: i. 1 coat pretreatment primer. ii. 1 coat rust-inhibitive primer. iii. 2 coats exterior alkyd gloss enamel. C. Stucco: i. 1 coat latex primer. SECTION 09900-2 Painting r i ii. 2 coats exterior latex. 3.06 CLEANING A. Clean paint spatters, spots and stains from finished surfaces. Replace or repair damaged surfaces which are not satisfactorily 3.07 DEFECTIVE WORK A. 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