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CAG-06-168 �=A 1A Document A101'" - 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 16- day of x OV, in the year of d 001a (In words, indicate day, month and year) 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 Bill Rasmussen,Capital Project Coordinator AIA standard form.An Additions and City of Renton Deletions Report that notes added 1055 S.Grady Way information as well as revisions to Renton,WA'98057 " the standard form text is available 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 Richard Phillips Marine,Inc.,General Corporation the author has added to or deleted 33002 S.E.Ryder Lane from the original AIA text. Boring,OR 97009 This document has important legal Telephone Number:503-663-7592 consequences. Consultation with an Fax Number:503-663-3420 attorney is encouraged with respect to its completion or modification. The Project is: AIA Document A201-1997,General (Name and location) Conditions of the Contract for Construction,is adopted in this Gene Coulon Log Boom and Transient Moorage Repair document by reference.Do not use Gene Coulon Memorial Beach Park with other general conditions unless 1201 Lake Washington Blvd.N. this document is modified. Renton,WA 98056 This document has been approved The Architect is: and endorsed by The Associated (Name,address and other information) General Contractors of America. Peratrovich,Nottingham&Drage,Inc. David M.Pierce,P.B.,S.E. 811 First Avenue,Suite 570 Seattle,WA 98104 Telephone Number:206-624-1387 Fax Number:206-624-1388 The Owner and Contractor agree as follows. Init. AIA Document A101*N—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 AIO 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 09:09:28 on 10/17/2006 under Order No.1000232520_1 which expires on 519/2007,and is not for resale. User Notes: (3901621148) 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 §3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fired in a notice to proceed.) The commencement date will be fixed in a notice to proceed. If,prior to the commencement of the Work,the Owner requires time to file mortgages,mechanic's liens and other security interests,the Owner's time requirement shall be as follows: §3.2 The Contract Time shall be measured from the date of commencement. I §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 90 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.) IWork shall be completed not later than 90 calendar days from the date of commencement, with all"in-water" work completed by December 31,2006. 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.) $500.00 ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be Sixty-nine Thousand Six Hundred Thirty-two Dollars and Zero Cents ($ 69,632.00),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) Init. AIA Document A101 TM—1997.Copyright ®1915,1918,1925,t937,1951,1958,1961,1963,1967,1974,1977,1987,1991 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. Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be ,Z prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:09:28 on 10/17/2006 under Order No.1000232520_1 which expires on 5/912007,and is not for resale. User Notes: (3901621148) §4.3 Unit prices,if any,are as follows: Description Units Price($0.00) None 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%).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 retainage of 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: Init. AIA Document A101TM—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 Ale Document is protected by U.S.Copyright Law and International Treaties. 3 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 09:09:28 on 10/17/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (3901621148) .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 5.1.62 above,and this is not explained elsewhere in the Contract Documents,insert here provisions for such reduction or limitation.) N/A §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997,and to satisfy other requirements, if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made no Iater 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.) ( )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 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. 4 Unauthorized reproduction or distribution of this AIA'r 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 09:09:28 on 10/17/2006 under Order No.100023252U 1 which expires on 5/9/2007,and is not for resale. User Notes: (3901621148) §7.3 The Owner's representative is: (Name,address and other information) Bill Rasmussen,Capital Project Coordinator 1055 S.Grady Way Renton,WA 98055 Telephone Number:425-430-6617 Fax Number:425-430-6603 §7.4 The Contractor's representative is: (Name, address and other,information) Richard Phillips Richard Phillips Marine,Inc. 33002 S.E.Ryder Labe Boring,OR 97009 §75 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 §81 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: §8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,AIA Document A101-1997. §8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Document A201-1997. §8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated September 19,2006,and are as follows Document Title Pages Coulon Beach Log Boom Project Manual Entire Manaul Repair and Transient Moorage Repair §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.) Title of Specifications exhibit: (Rows deleted) §8.1.5 The Drawings are as follows,and are dated September 19,2006 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) ITitle of Drawings exhibit: Init. AIA Document A101TM—1997.Copyright 0 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. 5 Unauthorized reproduction or distribution of this Ate 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 09:09:28 on 10/17/2006 under Order No.1000232520-1 which expires on 5/9/2007,and is not for resale. User Notes: (3901621148) I (Rows deleted) §$1.6 The Addenda,if any,are as follows: Number Date Pages 1 9/20/2006 Drawing,page 8 of 8, was missing in original project manual and must be included. 2 9/20/2006 Clarification/Correction on page 6 of 8 in the drawings. 3 10/3/2006 Bid date postponed from 2:30 PM October 3,2006 to 2:30 PM,October 10,2006. Enclosed is the triple form containing the Non-Collusion Affidavit/Minimum Wage form,Section 00400.One page only.This form must be attached to the Bid proposal. 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- 1997provides 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 rst above and is executed in at least three original copies,of which one is to be delivered to the Contract , e t th Architect for use in the administration of the Con t,and the remainder to the Owner. OWNER(S' nature) C CTOR(Signature) Kathy Keolker,Mayor Richard Phillips,Owner (Printed name and title) (Printed name and title) ATTEST(Signature) Bonnie Walton,City Clerk (Printed name and title) Init. AIA Document A101 TM—1997.Copyright®1915,1918,1925,11937,1951,1958,1961,1963,1967,1974,1977,1987,1991 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. Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be 6 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:09:28 on 10/17/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (3901621148) '*Owl �✓ Additions and Deletions Report for AIA Document A 101 T`— 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 09:09:28 on 10/17/2006. PAGE'1 Bill Rasmussen Ca iR tal Project Coordinator City of Renton 1055 S.Gradv Wav Renton,WA 98057 Richard Phillips MarineInc General Corporation 33002 S.E. der Lane Boring,OR 97009 Telgphone Number-503-663:L592 Fax Number:503-663-3420 Gene Coulon Log,Boom and Transient Moorage Repair Gene Cq M Memgrial Beach Park 1201 Lake Washington Blvd N Renton,WA 98056 Peratrovich.Nottingham m&Drage Inc David M Pierce P E S.E. 811 First Avenue.Suite 570 Seattle,WA 98104 Telephone Number:206-624-1387 Fax Number:206-624-1388 PAGE The commencement date will be fixed`in a notice to p1oceed. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 2Ldays from the date of commencement,or as follows: Work shall be eamnleted not later than 90 calendar days from the date of commencemem with all"in water"work completed by December 31 2006 $500.00 §41 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be Sixty-nine Thousand Six Hundred Thirty-two Dollars and Zero Cents ($ 69.632.00),subject to additions and deductions as provided in the Contract Documents. PAGE 3 Additions and Deletions Report for AIA Document A101 TM—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 AIO 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 09:09:28 on 10/17/2006 under Order No.1000232520_1 which expires on 5/9 12007,and is not for resale. User Notes: (3901621148) None an is Feeeiv The Citv of Renton opertes on a two-week cycle accordin¢to the 2006 Accounts Payable Calendar a c�v of which will be provided to the Contractor Apphcatlons for Payment must be received by the Owner a mlmmum of one week or to anv Purchase Order cutoff date to be processed m that run .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. 90 •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 retainage of Eive rcent ( 5.00%); PAGE 4 N/A { )`per annum PAGE 5 Bill Rasmussen C vital Project Coordinator 1055 S GradXWay Renton.WA 9O 5 Telephone Number:425-430-6617 Fax Number:425-430-6603 Richard PhilliDs Richard Phillips Marine Inc 33002:S.E. Ryder Lane, Boring.OR 97009 §8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated September 19.Mi.and are as follows Coulon Beach Log Boom Project Manual Entire Manaul Repair and Transient Moorage RepAg Title of Specifications exhibit: Beef" TWO pages §8.1.5 The Drawings are as follows,and are dated September 19 2006 unless a different date is shown below: Additions and Deletions Report for AIA Document A101 TM—1997.Copyright 0 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 AIO 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 2 penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:09:28 on 10/17/2006 under Order No.1000232520-1 which expires on 519/2007,and is not for resale. User Notes: (3901621148) Title of Drawings exhibit: Me Bate 1 9/20/2006 Drawing page 8 of 8.was missing in original project manual and must be included. 2 9/20/2006 Clarification/Correction on page 6 of 8 in the drawings. 3 10/3/2006 Bid date postponed from 2:30 PM October 3.2006 to 2:30 PM.October 10,2006. Enclosed is the triple form containing the Non-Collusion Affidavit/Minimum Wage form.Section 00400.One page only.This form must be attached to the Bid proposal Kathy Keolkm Mayor Rllcgld 'Ili s Owner _ AT�FST(Signature) Bonnie Walton,City Clerk 44-w (.G &)a&I,- name and title) Additions and Deletions Report for AIA Document A101TM—1997.Copyright 691915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and .3 International Treaties.Unauthorized reproduction or distribution of this AIAO'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 09:09:28 on 10/17/2006 under Order No.1000232520_1 which expires on 5!9/2007,and is not for resale. User Notes: (3901621148) r„,� ° Certification of Document's Authenticity AW Document D401 Tm — 2003 I, ,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 09:09:28 on 10/17/2006 under Order No. 1000232520_1 from AIA Contract Documents software and that in preparing the attached final document I trade no changes to the original text of AIA®Document A101TM—1997-Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Sig d) 1 (Title)` (Dated) AIA Document D401 Tm—2003.Copyright®1992 and 2003 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 Al a Document,or any portion of it, may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:09:28 on 10/17/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (3901 62 1 1 48) PROJECT MANUAL for COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR 1201 Lake Washington Blvd. N. Renton, WA 98056 Renton, Washington Owner: CITY OF RENTON COMMUNITY SERVICES ADMINISTRATION 1055 South Grady Way Renton, WA 98057 Bill Rasmussen, CIP Coordinator 425-430-6617 425-430-6603 (Facsimile) Engineer Peratrovich, Nottingham & Drage, Inc. 811 First Avenue, Suite 260 Seattle, WA 98104 Date: September 19, 2006 r PROJECT MANUAL for COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR 1201 Lake Washington Blvd. N. Renton, WA 98056 Renton, Washington Owner: CITY OF RENTON COMMUNITY SERVICES ADMINISTRATION 1055 South Grady Way Renton, WA 9805 7 Bill Rasmussen, CIP Coordinator 425-430-6617 425-430-6603 (Facsimile) Engineer Peratrovich, Nottingham & Drage, Inc. - 811 First Avenue, Suite 260 Seattle, WA 98104 Date: September 19, 2006 ,.r PROJECT MANUAL for COULON BEACH LOG BOOM REPAIR . AND TRANSIENT MOORAGE REPAIR AS 1201 Lake Washington Blvd. N. Renton, WA 98056 W AM Renton, Washington Aw 4W Owner: CITY OF RENTON 40 COMMUNITY SERVICES ADMINISTRATION 1055 South Grady Way Renton, WA 98057 an Bill Rasmussen, CIP Coordinator 425-430-6617 A. 42S-430-6603 (Facsimile) Engineer Peratrovich, Nottingham & Drage, Inc. 811 First Avenue, Suite 260 Seattle, WA 98104 Date: September 19, 2006 arr .. COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SYNOPSIS OF BIDDING INFORMATION Am SECTION 00020 1. PROJECT: COULON BEACH LONG BOOM REPAIRS AND TRANSIENT MOORAGE REPAIR 1201 Lake Washington Blvd. N. Renton, WA 98056 2. OWNER: City of Renton 1055 South Grady Way Renton, WA 98057 3. OWNERS REPRESENTATIVE: 40 Bill Rasmussen, Capital Project Coordinator Community Services Administration Renton City Hall, 5 1 Floor 1055 South Grady Way Renton, WA 98057 Phone(425) 430-6617 low FAX (425) 430-6603 4. BIDS DUE: Tuesday, October 3, 2005 by 2:30 p.m. 40 Renton City Hall — Seventh Floor— Office of the City Clerk After Bids are received and time-stamped by the City Clerk, the bids will be opened in Conference Room #521 on the Fifth •• Floor of City Hall. 5. TENTATIVE SCHEDULE OF WORK: •• The following dates represent the tentative schedule for the Work to be performed under this contract: Plans Available for Bidding Tuesday, September 19, 2006 Pre-Bid Site Walk-Thru Wednesday, September 27, 2006 at 1:00 pm at transient moorage .0 floats. Bids Due by 2:30 p.m. Tuesday, October 3, 2006 Im Commence Construction Work As soon as possible 6. TIME OF CONSTRUCTION: Ninety(90) calendar days. No construction is permitted during the lead time. Liquidated damages thereafter at five hundred dollars ($500.00). law 7. BID SECURITY: N/A 8. PERFORMANCE BOND &PAYMENT BOND: 100%of contract amount 00020- 1 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SYNOPSIS OF BIDDING INFORMATION Im SECTION 00020 9. WAGES: Pay state promulgated prevailing wages rates. as 10. TYPE OF CONTRACT: Single lump-sum contract encompassing all work. AM END OF SECTION r 00020-2 „w COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR INVITATION TO BID SECTION 00030 Am CITY OF RENTON I COMMUNITY SERVICES ADMINISTRATION COULON BEACH LOG BOOM REPAIR A, AND TRANSIENT MOORAGE REPAIR 40 You are invited to submit a sealed bid for a play area renovation at Gene Coulon Memorial Beach Park, 1201 Lake Washington Boulevard N., Renton, Washington, 98056. Bids will be received at the Office of the City Clerk, Seventh Floor, Renton City Hall, 1055 South Grady ”` Way, Renton, WA, 98057 until Tuesday, October 3, 2006, 2:30 p.m. The bids will then be publicly opened and read aloud in the 5th Floor Conference Room #521 of City Hall. Bids received after the specified time and date will not be considered. The project will consist of Log Boom Connection Repair, Pile Repair and Replacing Hinges on transient moorage at Gene Coulon Memorial Beach Park. A single contract bid including general and specialty contracts shall be submitted in accordance with the project manual, and other contract documents. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bids received. The range for the estimated construction cost is $80,000 to $110,000, including tax. The City's fair practices/non-discrimination policies and State Prevailing Wage Rates apply to this project. Bid documents will be available Tuesday, September 19, 2006, and may be obtained at the Community Services Administration Office, Renton City Hall, Fifth Floor, 1055 South Grady Way, Renton (Phone: 425 430 6600), at a non-refundable cost of $20 per set. Mailing cost is $10 extra per set. Checks only are accepted, payable to the City of Renton. Questions about the project shall be addressed to Bill Rasmussen, City of Renton, Community Services Administration, 1055 Grady Way, Fifth Floor, Renton, WA, 98057, phone (425) 430-6617, fax (425) 430-6603. A pre-bid site walk-through will be held on Wednesday, September 27, 2006, 1:00 p.m., at the site. Each bidder is fully responsible for familiarizing himself with the work and the site �. conditions. The successful bidder shall enter into a contract in accordance with the bid and shall furnish a Performance Bond in the amount of 100% amount bid. �. END OF SECTION H:Kim:Bill:Project Manual:Burnett Linear:00030 00030 PAGE 1 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR CALL FOR BIDS SECTION 00040 CITY OF RENTON COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR CALL FOR BIDS Sealed bids will be received until 2:30 p.m., Tuesday, October 3, 2006, 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 South Grady Way, Renton, WA 98057, for the boom connection repair, pile "' repair, and replacement of hinges on the transient moorage at Gene Coulon Memorial Beach Park, 1201 Lake Washington Boulevard N, Renton, Washington, 98056. Bids received after the specified date and time will not be considered. as The work, to be performed within ninety(90) calendar days from the date of commencement under this contract, with all in-water work to be completed by December 31, 2006, shall include, 40 but not be limited to: Log Boom Connection Repair, Pile Repair and Replacement of Hinges on the transient moorage at Gene Coulon Memorial Beach Park. d. The estimated base bid construction cost is $80,000 to $110,000, including tax. Plans and specifications may be examined at local plan centers and obtained at City of Renton do Community Services Department on the fifth floor, Renton City Hall, 1055 South Grady Way, Renton, WA 98057, (Ph: 425 430-6600) beginning Tuesday, September 19, 2006. A non- refundable amount of$20 (check only, payable to City of Renton)will be charged for each set of contract documents. If mailed, there is an additional non-refundable fee of$10 per set to d" cover postage. A pre-bid site walk-through will be held on Wednesday, September 27, 2006, at 1:00 p.m., at im the site. Each bidder is fully responsible for familiarizing himself with the work and the site conditions. Questions regarding the project can be directed to the Project Manager, Bill Rasmussen, at 1055 South Grady Way, 5th Floor, Renton, WA 98057, or at 425-430-6617. go A Bid Bond in the amount of 5% of the total amount of each bid must accompany each bid. The City reserves the right to reject any and all bids and to waive any informalities or Im irregularities in bids received. The City's Fair Practices and Non-Discrimination policies and State Prevailing Wage Rates apply to this project. ,,o Bid shall be in a sealed envelope marked "COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR". Bonnie I. Walton City Clerk Published: Daily Journal of Commerce King County Journal September 19 & 27, 2006 END OF SECTION 1AB111%clP1coulon Park Log boomlProject Manual\Division M00040.doc 00040 PAGE 1 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SECTION 00110 BIDDER'S CHECKLIST BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms, which must be executed in full as required and submitted with the bid: 1. Proposal: The bid price shall be stated in terms of a total lumpDeductives. Illegible figures may invalidate the bid. 2. Proposal Signature Sheet To be filled in and signed by the Bidder. END OF SECTION +.r 00110- 1 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR INSTRUCTIONS TO BIDDERS SECTION 00200 AN PART 1 INSTRUCTIONS TO BIDDERS i` 1. BIDDERS REPRESENTATIONS A. The work involved under the terms of this contract document shall be full and complete installation of the facilities, as shown on the plans and as described in the construction specifications. B. The Bidder, by making a Bid, represents that he has read and understands the Bidding Documents and the Bid is made in accordance therewith. He has also visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the bidders personal observations with the requirements of the proposed Contract Documents. C. Bids shall include Work in conformance with all applicable State Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over the construction of the Project. D. A total of ninty (90) calendar days will be allowed for the work to be performed, with all in-water work to be completed by December 31, 2006. a. 2. CONDITIONS OF THE WORK A. Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligations to furnish all material and labor necessary to carry out the provisions of his contract. B. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 3. ADDENDA AND INTERPRETATIONS A. No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. do B. Every request for such interpretation should be in writing addressed to the Owner's Representative, and to be given consideration must be received at least two (2) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed and faxed no later than two (2) days prior to the date fixed for the opening of bids. Failure of any bidder to receive such addenda or interpretation shall not relieve any such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. ' 00200 -1 r COULON BEACH LOG BOOM REPAIR Aw AND TRANSIENT MOORAGE REPAIR INSTRUCTIONS TO BIDDERS SECTION 00200 4. 4. SUBSTITUTIONS A. The materials,products, and equipment described in the Bidding Documents establish 40 a standard of required function, dimension, appearance and quality to be met by any proposed substitution. .. B. The Owner's Representative shall have the final decision on the acceptability of substituted products. Refer to Section 01630 of the Specifications for Product Iwo Substitutions. 5. PREPARATION OF BIDS 40 Each bid must be submitted on the enclosed form. Do not use or remove form bound within the specifications. All blank spaces for bid prices must be filled in, either in ink or typewritten. The amount for each specified type of work, the pre-tax lump sum, applicable so taxes, and total lump sum bid must be stated in both words and figures and where conflict occurs, the written or typed word shall prevail. (see Section 1-02.6, City of Renton Supplemental Specifications). Each bid must be accompanied by fully completed and 4" executed items in the Bidder's Checklist, Section 00110. 6. SUBMISSION OF BIDS an A. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name: AW "COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR" lau B. All bids must be self-explanatory. No opportunity will be offered for oral explanation except as the City may request further information on particular points. Am C. Bids shall be submitted to the Fifth Floor, Renton City Hall, 1055 South Grady Way. Bids will be received until 2:30 pm, Tuesday, October 3, 2006. D. No telegraphic or fax modifications will be allowed. 7. AWARD OF BID A. It is the intent of the Owner to award a Contract to the lowest responsible Bidder within the funds available for work included in the Base Bid and any or all Alternates selected by the Owner (if included), inclusive of Washington State sales tax, provided the Bid has been submitted in accordance with the requirements of the Bidding .. Documents. 40 ""` 00200 -2 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR INSTRUCTIONS TO BIDDERS SECTION 00200 B. The Owner reserves the right to reject any bidder if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that the Contractor is properly qualified to complete work of the highest quality. W 8. POST BID INFORMATION AND DOCUMENT SUBMITTAL A. The bidder winning the award of this project will be required to submit the following documents to the City, within ten(10) days of Notice of Contract Award: • Standard Form of Agreement—AIA Form A 101 • Certificates of Insurance (see Section 00920 for requirements) • City of Renton Business License • Performance Bond and Payment Bond (see Section 00910 for form) • City of Renton Affidavit of Compliance (see Section 00400 for form) • Affidavit of Intent to Pay Prevailing Wages. am B. Should a bidder fail to enter into contract and furnish required documents within fourteen (14) days after his proposal has been accepted, his bid guarantee shall be 40 retained by the Owner as liquidated damages, not as a penalty. 9. NOTICE TO PROCEED AN Notice To Proceed shall be given after the City Council, City Attorney, and Risk Manager approve the Contract and the Contract is signed by the Mayor. 10. TIME OF CONSTRUCTION After the designated date of Start of Work, the Contractor shall proceed with promptness and diligence. The Contractor has ninty (90) calendar days to complete the construction work, with all in-water work to be completed by December 31, 2006. All work shall be physically complete within ninty(90) days of Notice to Proceed. 11. LIQUIDATED DAMAGES For each calendar day after date established by the above allowed time that any portion of the work remains incomplete (in the City's sole judgment), the sum of Five Hundred Dollars ($500.00) (not to be construed in any sense a penalty) is the agreed liquidated damages incurred by the City for failure of the Contractor to meet the scheduled completion dates. 12. CHANGE ORDER ^" A. When extra work is performed under an approved Change Order and paid for by acceptable lump sum or mutually agreed prices, the contractor will be limited to a markup of 10% overhead and profit. B. When extra work is performed as above by a subcontractor to the general contractor, the general contractor shall be limited to a 10% markup on the subcontractors work. .. No further markup shall be permitted to cover any other miscellaneous costs. '� 00200 -3 am COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR INSTRUCTIONS TO BIDDERS SECTION 00200 Im 13. QUALIFICATIONS OF SUBCONTRACTORS MW The Owner reserves the right to approve or reject the subcontractors identified in the Bid Forms, after bid opening, providing the Contractor has the right to decide not to enter into the Am contract if the Owner so exercises the right to disqualify a subcontractor. 14. SECURITY FOR FAITHFUL PERFORMANCE m Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds, as required by RCW 39.08.010, as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this 1W contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be duly authorized by a surety company satisfactory to the Owner. as 15. CITY OF RENTON It should be noted that the City of Renton as project Owner is distinct in dealings and I' responsibilities from the City of Renton as building official and regulatory agency regarding compliance with existing ordinances, etc. "" 16. EQUAL OPPORTUNITY EMPLOYER The City of Renton is an Equal Opportunity Employer. 40 g. END OF SECTION do dW do am do g. 00200 -4 to .. BID FORM SECTION 00310 FORM OF PROPOSAL ( BID ) for the COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR 1201 Lake Washington Blvd. N. Renton, Washington Bids Due: 2:30 P.M. Tuesday, October 3, 2006. To: Renton City Hall City Clerk, Seventh Floor 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 "Coulon Beach Log Boom Repair and Transient Moorage Repair," Renton, WA and have examined the site of the work and the locations 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 /equipment 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 amounts: A. LUMP SUM BID: BASE BID SCHEDULE 4M ITEM APPROX. NAME OF PAY ITEM WITH UNIT PRICE AMOUNT NO. QUANTITY UNIT BID PRICE WRITTEN IN "r WORDS DOLLARS CENT DOLLARS CENTS S 1 ALL REQ'D Replace Hinges: LUMP SUM Lump Sum 2 ALL REQ'D Pile Repair: LUMP SUM Lump Sum 3 ALL REQ'D Boom Connection Repair: LUMP SUM W Lump Sum I:1Bi111CIP1Coulon Park Log boornTroject ManuallDivision 0100310.DOC 00310 Page 1 of 6 WM BID FORM SECTION 00310 M SUBTOTAL AMOUNT OF COMPONENTS STATE OF WASHINGTON SALES TAX TOTAL AMOUNT OF BASE BID TOTAL BID AMOUNT IN WORDS DEDUCTIVE BID SCHEDULE ITEM APPROX. NAME OF PAY ITEM WITH UNIT PRICE AMOUNT • NO. QUANTITY UNIT BID PRICE WRITTEN IN WORDS DOLLARS CENT DOLLARS CENTS S A ALL REQ'D Replace Hinges: LUMP SUM Lump Sum Including Taxes Both are individual items and 40 must be calculated as such. B ALL REQ'D Pile Repair: LUMP SUM Am Lump Sum Including Taxes 40 ITEM 1 — REPLACE HINGES 40 A. Description The work under this item shall consist of all labor, materials, tools and equipment necessary to supply and install the new Hinge Assemblies and attachments as shown on the plans. This shall include, but is not limited to the following: AW 1. Removal of existing Hinge Assemblies 2. Removal of existing Connection pieces 3. Installation of new Hinge Assemblies 4. Field Welding 40 5. Repair of Galvanizing do I:1BIMCINCoulon Park Log boom\Project ManuallDivision 0100310.DOC 00310 W. Page 2 of 6 BID FORM am SECTION 00310 Am ITEM 2 — PILE REPAIR A. Description "m The work under this item shall consist of all labor, materials, tools and equipment necessary to supply and install the Pile Repair and attachments as shown on the plans. This shall include, but is not limited to the following: 40 1. Removal of a portion of the existing Timber Pile 2. Installation of Pipe Repair Sleeve and attachments. Aw ITEM 3 — BOOM CONNECTION REPAIR "" A. Description The work under this item shall consist of all labor, materials, tools and equipment necessary Am to supply and install the Boom Connection Repair components and attachments as shown on the plans. This shall include, but is not limited to the following: 1. Removal of existing chain and bolts 2. Installation of new bolts 3. Installation of new chain and connection elements 4. Connection to Piles DEDUCTIVE ITEM A— REPLACE HINGES A. Description The deductive amount for this item shall consist of all labor, materials, tools and equipment necessary to not supply and install the Hinge Replacements and attachments as shown on the plans as previously described. DEDUCTIVE ITEM B — PILE REPAIR A. Description The deductive amount for this item shall consist of all labor, materials, tools and equipment necessary to not supply and install the Pile Repairs and attachments as shown on the plans as previously described. The undersigned understands that: a. The Total Base Bid includes overhead and profit. b. The Total Base Bid includes Washington State Sales tax. c. The Construction Work shall be completed within () calendar days from issuance by the City of Notice to Proceed. d. The Contractor has reviewed, understands, and will provide the insurance coverage as called for in the Contract Documents. 1ABill\CIP\Coulon Park Log boom\Project Manual\Division 0\00310.DOC 00310 Page 3 of 6 va BID FORM SECTION 00310 Aw B. ADDITIVE / DEDUCTIVE ALTERNATES: As Above. C. PRINCIPAL SUBCONTRACTORS: The undersigned proposes to use the following subcontractors to complete the work as shown on the drawings and described in the specifications. FIRM TASK VALUE OF WORK D. CONDITIONS OF PROPOSAL: A. DETERMINATION OF THE LOW BIDDER: The owner reserves the right to 'Award a Contract' to the Contractor submitting the lowest bid within the funds available for work included in the Total Base Bid and in whatever manner is in the Owner's best interest. E. PERIOD OF BID VALIDITY/ACCEPTANCE OF BID A. BID VALIDITY The undersigned hereby agrees that this BID as described in paragraph "A " and "B" shall be valid and firm offerings for the period of forty-five (45) days from closing time for the "Receipt Of Bids." B. BID ACCEPTANCE Acceptance of Bid: Within forty-five (45) days after the opening of Form Of Proposal, the City will act either to accept the Proposal from the lowest responsive, responsible Bidder, or to reject all Bids. The City reserves the right to request extensions of such Bid acceptance period. The acceptance of a Bid will be evidenced by a written Notice of Intent to Award Contract to the Bidder whose Bid is under consideration for acceptance, together with a request to furnish a bond, evidence of insurance to execute the agreement set forth in the Contract Documents, and other designated documents. F. EXECUTION OF CONTRACT A. 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 Al 01 "STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR- STIPULATED SUM", 1997 edition. 1ABIMCIP\Coulon Park Log boomlProject Manual0vision 0100310AOC 00310 Page 4 of 6 BID FORM SECTION 00310 B. If the business is a Corporation, name of the corporation should be listed in full and both President and Secretary must sign the contract, OR if one signature is permitted by Corporation by-laws, a copy of the by-laws shall be furnished to the AM City and made a part of the contract document. If the business is a partnership, full name of each partner should be listed, followed by d/b/a (doing business as) and firm or trade name; any one partner may sign the contract. If business is an 40 Individual Proprietorship, the name of the owner should appear, followed by d/b/a and the name of company. A. G. TIME FOR COMPLETION The undersigned hereby agrees to "FINAL COMPLETION' of all Work outlined in the Contract Documents within ninety(90) calendar days after receipt of Notice to Proceed, with all in-water work to be completed by December 31, 2006. H. LIQUIDATED DAMAGES A. 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 including Section 01700— Project Administration and Closeout. In addition, Liquidated Damages in the amount of Five Hundred Dollars ($500.00)will be assessed for each calendar day that the Contractor exceeds the "FINAL COMPLETION DATE." I. ADDENDUM RECEIPT A. Receipt of the following "ADDENDA" to the CONTRACT DOCUMENTS is acknowledged: AN Addendum No. Date Addendum No. Date Addendum No. Date J. EXECUTION OF PROPOSAL Aw Name of Firm State License Registration No. w Address City State - Zip Code .r Telephone ( ) FAX ( ) The undersigned designates the above as the firm and address to which "NOTICE OF CONTRACT AWARD" may be mailed, hand delivered or delivered via facsimile. 1ABi111CIP1Coulon Park Log boomlProject ManuallDivision 0%00310.DOC 00310 wo Page 5 of 6 BID FORM SECTION 00310 .. 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 do Signed Printed Title 40 K. ENCLOSURES PROVIDED BY CONTRACTOR an A. The Contractor shall provide the following enclosure with this Form of Proposal: 1. Non-Collusion Affidavit (located in this Specification Section 00400). AW 2. Assignment of Antitrust Claims To Purchaser (located in this Specification Section 00400). 3. Minimum Wage Affidavit Form, (located in this Specification Section 00400). ift 4. Statement of Bidder's Qualifications (located in this Specification Section 00420). 5. Bid Bond Form, (located in this Specification Section 00500). AN END OF BID FORM do do 1ABillicimcoulon Park Log boomlProject Manual\Division 0%00310.DOC 00310 Page 6 of 6 COULON BEACH LOG BOOM REPAIR Am AND TRANSIENT MOORAGE REPAIR STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 STATEMENT OF BIDDERS QUALIFICATIONS Name of Contractor........................................................................................................................................... r. Address: ........................................................................................................................................... ,., ........................................................................................................................................................... PhoneNumber: ................................................. Fax : ................................................. Washington State Department of Labor and Industries Workmen's Compensation Account No.: ........................................................................................................................................................... Washington State Department of Licenses Contractor's Registration .. No..................................................................................................................................................... Expiration Date: ......................... Number of years the contractor has been engaged in the construction business under the present firm name indicated:................................................. Gross dollar amount of work under contract: ................................................................................ Gross dollar amount of contracts not completed: .......................................................................... Type of work generally performed by contractor: ......................................................................... ........................................................................................................................................................... List of five public projects of a similar nature which have been completed by the contractor within the last five years and the gross dollar amount of each project: Bid Contact& Year Project Name Agency Phone No. Completed Amount .................................... ....................................... ................................ ................. ................... .................................... ....................................... ................................ ................. ................... .................................... ....................................... ........I....................... ................. ................... .................................... ....................................... ................................ .................................... ....................................... ................................ ................. ................... aw LIBURCImCoulon Park Log boom\Project ManualMivision 0100420.doc 00420 PAGE s COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 List of major pieces of equipment which are owned by the Contractor and which will be available and required for use on this project: ........................................................................................................................................................... ........................................................................................................................................................... r ........................................................................................................................................................... ........................................................................................................................................................... me ........................................................................................................................................................... ........................................................................................................................................................... w. BankReferences:............................................................................................................................... .......................................................................................................................................................... AM Have you changed bonding companies within the last three years................................................... ., If so, why? (Optional): ................................................................................................................... .......................................................................................................................................................... Have you ever sued or been sued by the client on any public works contract for a special district, municipality, county, or state government? ..................................................................................... Who? ............................................................................................................................................... Forwhat reason: .............................................................................................................................. air ........................................................................................................................................................... ........................................................................................................................................................... 40 Disposition of case, if settled: ............................................................................................................ ........................................................................................................................................................... Name of Superintendent to be used on the project and how long with your company:..................... ........................................................................................................................................................... Bidder: .............................................................................................(Printed Name of Bidder) By: ................................................................................................ s (Signature of Authorized Official) Title: ................................................................................................ err END OF SECTION Am hBilnCimCoulon Park Log boomlProject Manual\Division 0\00420.doc 00420 PAGE 2 4M COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR BID BOND FORM SECTION 00500 4W Herewith find deposit in the form of a certified check, cashier's check, cash, or bid bond in the amount of$ , which amount is not less than five percent of the total bid. ,d. Sign here: 40 Know All Men by These Presents: That we, as Principal, '" and as Surety, are held and firmly bound until the City of Renton, as Obligee, in the penal sum of Ao Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the �. proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS DAY OF 20 Principal Am Surety Received return of deposit in the sum of$ END OF SECTION As I:\Bill\cimcoulon Park Log boom\Project Manual\Division 0\00500.DOC 00500 PAGE AW �. COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR GENERAL CONDITIONS SECTION 00705 A. 1. GENERAL CONDITIONS OF THE CONTRACT w• A. STANDARD FORM The General Conditions of the Contract for Construction, AIA Document A201 as 40 referenced and 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 to General Conditions" in Section a. 00810. d. END OF SECTION "GENERAL CONDITIONS of the CONTRACT for CONSTRUCTION," PAGES 1-39 FOLLOW THIS SECTION 4M .. im a� a� AM 4M ar 40 I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 0\00705.DOC 00705 PAGE 1 am COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SUPPLEMENTARY GENERAL CONDITIONS SECTION 00800 1. TERMS OF MODIFICATIONS AND SUPPLEMENTS A. The following supplements shall modify, delete, and/or add to the General Conditions or Instructions to Bidders. Where any article, paragraph, or subparagraph in the General Conditions is supplemented by one of the following paragraphs, the provisions of such article, paragraph, or subparagraph shall remain in effect and the supplemental provisions shall be considered as added thereto. Where any article, paragraph, or subparagraph in the General Conditions is amended, voided, or superseded by any of the following paragraphs, the provisions of such article, paragraph, or subparagraph not so amended, voided, or superseded shall remain in effect. �w 2. ADDITIONAL MODIFICATIONS AND SUPPLEMENTS The supplements referenced within this section are identified with the same number and title used for that topic in the General Conditions. 4, A. ARTICLE 1.1 — BASIC DEFINITIONS Supplement Article 1.1 with the following: 40 1.1.8 Final Completion The designated time following Substantial Completion when all work has been signed off by the Engineer. In addition to the requirements of Substantial `do Completion, Final Completion shall include, but not be limited to receipt of all Record Drawings, Surveys, and resolution of all Punch List Items. 40 B. ARTICLE 1.2—CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS .0 Supplement Article 1.2 with the following: As 1.2.4 Contract Drawings The contract drawings are a part of the project manual: ®„ C. ARTICLE 3.2 — REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 0 Supplement Article 3.2 with the following: 3.2.4 A pre-bid meeting has been set for Wednesday, September 27, 2006 at 1:00 p.m. The meeting will convene at Gene Coulon Memorial Beach Park, " Transient Moorage Floats, located at 1201 Lake Washington Blvd. N., Renton, WA. .r. I:\Bill\CImCoulon Park Log boom\Project Manual\Division 0\00800.DOC 00800 PAGE 1 �. COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SUPPLEMENTARY GENERAL CONDITIONS SECTION 00800 r 40 D. ARTICLE 3.7— PERMITS, FEES AND NOTICES Supplement Article 3.7.1 with the following: Am The following permits will be obtained by the City of Renton prior to a Notice to Proceed: .r 1. A City of Renton Traffic Permit. Any additional permits, certificates, or agency approvals required for completion of MW this work are the responsibility of the Contractor. Im E. ARTICLE 4.3— CLAIMS AND DISPUTES Supplement Article 4.3 with the following: 4.3.11 Pursuant to the requirements of the General Conditions, the Liquidated Damages for failure to achieve Substantial Completion as required shall be $500.00, and for failure to achieve Final Completion within an additional thirty days after Substantial Completion shall be 10% of the Liquidate Damages daily rate for failure to achieve Substantial Completion. The damages stipulated above are to be deducted as Liquidated Damages from any monies due or to become due. .. do dw err I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 0\00800.Dbc 00800 PAGE 2 ,r COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SUPPLEMENTARY GENERAL CONDITIONS SECTION 00800 F. ARTICLE 8.2— PROGRESS AND COMPLETION Supplement Article 8.2 with the following: 8.2.4 The Contract, in its entirety, shall reach Substantial Completion within 90 calendar days, dating from date of award of the contract, and shall reach Final Completion within 14 calendars days of Substantial Completion. G. ARTICLE 11 — INSURANCE AND BONDS Refer to Conditions in Section 00920 and modify where necessary to include these AW insurance requirements. END OF SECTION I:\Bill0mCoulon Park Log boom\Project Manual\Division 0\00800.DOC 00800 PAGE 3 COULON BEACH LOG BOOM REPAIR `W AND TRANSIENT MOORAGE REPAIR SPECIAL CONDITIONS SECTION 00900 *W 1. COMPLIANCE WITH WAGE RATES AND FILING OF "INTENT TO PAY PREVAILING WAGES" HEREINAFTER CALLED "INTENT"AND "AFFIDAVIT OF WAGES PAID" A. The Contractor and Subcontractors shall comply with 39.12 RCW and amendments "Prevailing Wages on Public Works." For the most recent State Promulgated Wage Rates refer to the website www.ini.wa.gov/prevailinqwage or contact the Department of Labor& Industries. B. 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 with the provisions of Chapter 39.12 RCW, as amended. The rules and regulations of the Washington State Department of Labor and In and the Schedule of Prevailing Wage Rates determined by the Industrial Statistician of the Department of Labor and Industries, are available on the website listed above or may be obtained from Washington State Department of Labor and 40 Industries. C. In case any wage dispute arises as to what are the prevailing rates of wages for 40 work of a similar nature, and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for dispute resolution to the Department of Labor and Industries. The 40 findings shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended. Current prevailing wage data will be furnished by the Industrial Statistician upon request. Requests shall be made to the State of Washington Department of Labor and Industries. The Contractor is responsible for paving the appropriate wage rates. D. The Contractor, and all Subcontractors, on or before the date of commencement of work, shall file a statement under oath with the Owner 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 g., accordance with the practices and procedures required by the Department of Labor and Industries. E. Prior to commencing work, the Contractor and each and every Subcontractor hall file a sworn statement of "Intent to Pay the Prevailing Wages," including fringe benefits for each job classification to be utilized. Sample copy enclosed herein. F. Copies of all "Intents" shall be on file with the Contractor, the Industrial Statistician, and the Owner. G. 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. IABill\CIP\Coulon Park Log boom\Project Manual\Division 0\00900.DOC 00900 PAGE 1 Im COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SPECIAL CONDITIONS SECTION 00900 Copies of the Affidavits shall be provided to the City prior to Final Completion and Final Payment. Each affidavit of wages paid must be certified by the Industrial Statistician of the Department of Labor and Industries before it is submitted. A H. 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. .. 2. STATE LICENSING LAW low The Contractor agrees to comply with all requirements of Chapter 18.27 RCW. The Contractor agrees and covenants to furnish unto the Owner proper evidence that the Contractor has fully complied with the State Licensing Law of the State of Washington, �+ Chapter 18.27 RCW, and a Contractor's Certificate of Registration shall be in full force and effect throughout the work project herein above enumerated, prior to starting work. 3. NON-DISCRIMINATION A. It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, age, or disability, when the City of Renton can reasonably accommodate the disability of employees and applicants for employment and fair, non- discriminatory treatment to all citizens. B. EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities including recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job- related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and �. labor contract agreements. C. COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. 40 D. AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the �` Mayor, the Affirmative Action Officer, department administrators managers, supervisors, Contract Compliance Officers, and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 0\00900.DOC 00900 PAGE 2 40 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SPECIAL CONDITIONS SECTION 00900 E. CONTRACTORS OBLIGATIONS - Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. 4. ENVIRONMENTAL LEGISLATION A. The following list represents those federal, state, and local statutes, ordinances, regulations and orders dealing with preservation of public natural resources and prevention of environmental pollution currently know to the Owner and that may effect or are effected by the proposed work. Bidders shall review such materials prior to submittal of sealed bids. 1. Federal: Title 42, Section 4321, et. seq., of the United States Code. +• 2. State: Water Pollution Act, Chapter 90.58 RCW State Environmental Policy Act of 1971, Chapter 43.21 C RCW and WAC Chapter 197-11/Title 38 RCW and Chapter 60.28 RCW. 3. Regional: Regulations I and II - Puget Sound Clean Air Agency. 4. Local: Applicable city ordinance and regulations. B. The successful Bidder shall comply with applicable portions of the listed statutes, ordinances, regulations, conditions, and such other regulatory measures dealing with the prevention of environmental pollution and the preservation of public natural resources. 5. CITY OF RENTON BUSINESS LICENSE .r 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 Finance Department located in the Renton City Hall, Lobby Level, 1055 South Grady Way, Renton, WA. END OF SECTION 1ABi11\CIP\Cou1on Park Log boom\Project Manual\Division 0\00900.DOC 00900 PAGE 3 om COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR BOND TO THE CITY OF RENTON FORM SECTION 00910 MW KNOW ALL MEN BY THESE PRESENTS: ,r 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 2006 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 ,rr Signature Signature Title Title END OF SECTION I:\BilkCimCoulon Park Log boom\Project Manual\Division 0\00910.DOC 00910 PAGE 1 air COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR "" INSURANCE & RELATED REQUIREMENTS SECTION 00920 PART 1. MINIMUM INSURANCE COVERAGE AND REQUIREMENTS 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 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 - Accord Form or equivalent, written on an occurrence basis, including: Premises and Operations (Including CG 2503 general aggregate to apply per project if applicable) • Explosion, Collapse and Underground Hazards Products/Completed Operations • Contractual Liability (including Amendatory Endorsement CG 0043 or equivalent which includes defense coverage assumed under contract) Broad Form Property Damage • Independent Contractors • 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) USH&L (United States Harborworkers and Longshoremen) Insurance • USH&L insurance is required for work within a certain distance from the water's edge and over the water, such as on a pier, dock or wharf. PART 2. CONTRACTORS INSURANCE REQUIREMENTS The CONTRACTOR shall carry the following limits of liability as required below: 1. 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 11Bi11\CIP\Cou1on Park Log boom\Project Manual\Division 0\00920.DOC 00920 PAGE 1 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR INSURANCE & RELATED REQUIREMENTS SECTION 00920 2. Automobile Liability N Bodily Injury/Property Damage $1,000,000 (Each Accident) 40 3. Workers' Compensation Statutory Benefits - Show Washington Labor & Industries Number MW 4. Umbrella Liability Each Occurrence Limit $1,000,000 4" General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 PART 3. 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 eRdeaveF tG mail 45 days written notice to the certificate holder named to the left. Rl,+ {tea to MAP 5. 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. do I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 0\00920.DOC 00920 PAGE 2 40 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR INSURANCE & RELATED REQUIREMENTS SECTION 00920 .. 6. 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. 7. On all Certificates of Insurance, the Certificate Holder shall be listed as "City of Renton, Washington, Attention: Bill Rasmussen, Project Manager." END OF SECTION 4" .0 40 am Im 4. 40 g. d. 40 4. do 1ABilkCimCoulon Park Log boom\Project Manual\Division 0\00920.DOC 00920 PAGE 3 as COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SUMMARY OF WORK SECTION 01010 PART 1 - GENERAL A. General Description of the Work: The work coved under this section is to repair the north log boom. Bid items are: remove damaged tops of pile, supply new chains and connections to logs that make up the log boom, and replace the hinge assemblies that connect the transient moorage floats to the pier structure. 1. Base Bid: All work included in the Contract Documents is included in the Base Bid. 2. Deductive Alternates: A. Replace Hinges and B. Pile repair. 1.02 SCOPE A. The work included in this contract is defined the specifications. B. The work under this contract is to provide and furnish and/or install all labor, materials and equipment, as may be required to complete the work identified as bid items as described in these documents. 1.03 LOCATION The work area for the contract is located at Gene Coulon Beach Memorial Park, 1201 Lake Washington Boulevard N., Renton, WA 98057. 1.04 ACCESS TO SITE Contractor, contractor forces and suppliers shall conduct all business through the normal park entrance. Parking for the Contractor will be in lay down area north of boat Launch parking lot. 1.05 OWNER-FURNISHED MATERIAL None. 1.06 PREORDERED MATERIALS None. 1.07 ENGINEERING AND INSPECTION y` The engineers, inspectors, and consultants of the City of Renton will perform the necessary inspection work except as otherwise specified in the Contract Documents. 1ANIl\CImCoulon Park Log boom\Project Manual\Division 1\01010.DOC 01010 PAGE 1 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SUMMARY OF WORK SECTION 01010 1.08 COORDINATION A. The Contractor shall coordinate its activity with the City of Renton Staff. In addition, the Contractor shall carry out work in a manner that does not impact park „ operations. All costs associated with coordination of the work shall be considered incidental to the related bit items of work. am B. The Contractor shall coordinate site construction activities including site access, parking and lay-down areas with public access to the park. The Contractor shall keep disruptions to the public to a minimum. C. The general parking area, except for the area designated for the Contractors use, will be available for use by the general public. The Contractor shall make reasonable efforts to accommodate this use. 1.09 WATER QUALITY MONITORING Contractor shall provide water quality monitoring as required to demonstrate compliance with related project permits and approvals. Water quality monitoring procedures shall be described in the Work Plan and Quality Assurance Plan to be submitted and approved by the City prior to commencing work. 1.10 TRAFFIC CONTROL A. During the course of the work, the Contractor shall be responsible for providing adequate flaggers, signs, and other traffic control devices for the protection of the Contractor's work and the public. Flagging, signs, and all other traffic control devices furnished shall conform to established Washington State Department of Transportation standards. Contractor shall be liable for injuries and damages to persons and property suffered by reason of the Contractor's operations or any negligence in connection with traffic control activities. B. Contractor shall be aware that the Park will experience relatively high volumes of traffic during weekdays and weekends. Very high usage occurs during sunny weekend days. END OF SECTION 1ABi11\CIP\Cou1on Park Log boom\Project Manual\Division 1\01010.DOC 01010 PAGE 2 �60 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SPECIAL PROVISIONS SECTION 01015 go PART1 GENERAL 1.01 SPECIAL PROVISIONS A. The following items, as Special Provisions of the Owner, are hereby made a part of this Contract Document in addition to the Conditions and Supplementary Conditions. B. Should conflicts occur between these Provisions and the Conditions and Supplementary Conditions, the Special Provisions govern. 1.02 ORGANIZATION & FORMAT OF SPECIFICATIONS Aw A. Organization: Division and paragraph numbers, as listed in the "Table of Contents" of the Project Manual and the items of work included under the m headings generally conform with the "Master Format" of the Construction Specification Institute. Numbering of paragraphs and divisions is merely for convenience and identification and may not be consecutive; the Contractor •• shall check his copies of the Contract Documents with the specification index and drawing index to be sure that they are complete. Trade headings are used in the specifications for convenience only. The Owner is not bound to define the limits of any subcontractors. B. Format: These specifications are of the abbreviated or"streamlined" type, and frequently include incomplete sentence. Words such as "shall", "shall be", "the Contractor shall" and similar mandatory phrases are noted on the drawings. Phrases following a heading for material or item of equipment and listing required features or characteristics of the item shall be construed as meaning, "The item shall be...", or"The item shall include...", and the Contractor shall provide all items, articles, materials, and operations listed; including all labor, material, equipment and incidentals required for satisfactory installation and completion of the work. C. Definitions: The following terms are used in the Contract Documents and are J" defined as follows: 1. The terms "approved" and "for approval" mean "approved in writing by the Architect" and "for the Architect's written approval". .a 2. The term "coordinate" means "satisfactorily combine the work of all trades for a complete and operating installation". 3. The term "selected" means "selected by the Architect". 4. The term "provide" means "furnish and install". 5. The term "directed" means "as directed by the Architect". 6. Where the terms, "or approved" or "or approved equal" are used, the Owner is the sole judge of the quality and suitability of the proposed substitution. D. Indicated Manufacturer: Materials, articles and pieces of equipment are identified on the drawings and in the specifications by reference to a specific manufacturer's or manufacturers' name, trademark, model or catalog number. I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01015.doc 01015 PAGE 1 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SPECIAL PROVISIONS SECTION 01015 The respective manufacturer's or manufacturers' standard specification for such material, particle or piece of equipment shall be deemed to be included •• herein unless otherwise modified or indicated. E. Related Work: Certain Sections of these Specifications include references to "Related Work", shown in other Sections of these Specifications. These references are provided only as a convenience to the Contractor, and may not always occur, or always reference all related work or requirements in other sections. The Contractor shall be responsible for conformance to these entire specifications, and shall be responsible for insuring that all requirements and work in separate sections, whether referenced or not for his convenience, are properly coordinated and executed. .. 1.03 STANDARD SPECIFICATIONS 4" A. Reference in the technical divisions of these specifications to standard date of the following organizations shall mean the latest edition at the date noted on the specification book, unless otherwise noted. The Contractor shall conform 10 with said standard requirements when reference is made thereto as if the data were repeated verbatim in the specifications, except where standard data are supplemented and modified by the Specifications. 1W B. Abbreviations: Standard data of the following organizations are referenced in the specifications, and the organization names are abbreviated as noted. l.. AAN: American Association of Nurserymen, 835 Southern Bldg., Washington, D.C. 20006 ACI: American Concrete Institute, P.O. Box 4754, Redford Station, Detroit, Michigan 48219 AIA: American Institute of Architects, 1735 New York Avenue, Washington, D.C. 20006 do ANSI: American National Standards Institute, 1430 Broadway, New York, N.Y. 10018 APWA: American Public Works Association, Washington State Chapter, 40 Olympia, Wa. 98504 ASTM: American Society for Testing & Materials, 1916 Race St., Philadelphia, Pa. • AWI: Architectural Woodwork Institute, 13924 Braddock Road, Centreville, Va. 22020 AWS: American Welding Society, 33 West 39th Street, New York, N.Y. 100d18 AWWA: American Water Works Association, 2 Park Avenue, New York, N.Y. 10000 CRSI: Concrete Reinforcing Steel Institute, 38 South Dearborn St., Chicago, Ill. CS: Commercial Standard of the U.S. Department of Commerce, Washington, D.C. 20025 CSI: Construction Specifications Institute, 1717 Massachusetts Ave. N.W., Washington, D.C. 20036 I:\Bill\CIP\Coulon Park Log boom\Project Manual0vision 1\01015.doc 01015 PAGE 2 COULON BEACH LOG BOOM REPAIR go AND TRANSIENT MOORAGE REPAIR SPECIAL PROVISIONS SECTION 01015 DPFA: Douglas Fir Plywood Association, now known as American Plywood Association, P.O. Box 1337, Tacoma, Wash. 98401. �. IEEE: Institute of Electrical & Electronic Engineers, 33 West 39th St., New York, N.Y. 10018 IPCEA: Insulated Power Cable Engineers Association, 283 Valley Road, Montclair, New Jersey 07042 NEMA: National Electrical Manufacturer's Association, 155 East 44th At., New York, N.Y. 10017 NFPA: National Fire Protection Association, 60 Betterymarch St., Boston, Mass. 02110 NWMA: National Woodwork Manufacturers Association, 400 West Madison Wn., Chicago, III. 60600 PS: Product Standard of U.S. Dept. of Commerce, Washington, D.C. 20025 SSPC: Steel Structures Painting Council, 4400 Fifth Ave., Pittsburgh, Pa. 15213 UBC: Uniform Building Code of International Conference of Building Officials, 530 South Workman Hill Road, Whittier, California 90601 UL: Underwriter's Laboratories, 333 Pfinsten Road, Northbrook, III. 60062 WPWA: Washington Public Works Association WWPA: Western Wood Products Association, Yeon Building, Portland, Oregon 97204 �. WSDOT: Washington State Department of Transportation 1.04 PROTECTION A. Protection of Employees: in order to protect the lives and health of its employees under the Contract, the Contractor shall comply with all pertinent provisions of the Occupational Safety and Health Administration including the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act, as pertains to health and safety standards; the Washington Industrial Safety and Health Act; and shall maintain an accurate record of cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance, or operation. B. Protection of Property: The Contractor shall at its own expense carefully protect from injury trees (other than those authorized for removal under Aw clearing operations), building, telephone, telegraph or power and light poles, water lines, conduit, drains, culverts or any other structures and improvements at no cost to the Owner, leaving them in as good condition as they were prior to his interference, determined by the Architect; and the Contractor shall be liable for any damages or claims arising from these interferences with said structures. The Contractor shall make every effort to avoid damage to or 1:01l\CIP\Coulon Park Log boom\Project Manual\Division 1\01015.doc 01015 PAGE 3 40 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SPECIAL PROVISIONS SECTION 01015 breaking of water mains or service pipes and shall be responsible for determining actual locations of public and private utilities in the field and •� checking with the appropriate agencies involved. The Contractor shall be solely responsible for any damage resulting from his operations. C. Payment by the Owner for materials or equipment stored on site or off site, or for work, does not relieve the Contractor of his responsibility to incorporate said materials and equipment into the work, and for protecting these materials, equipment and work from damage, theft, or destruction. 1.05 NUMBER OF SPECIFIED ITEMS REQUIRED Wherever in these specifications, an article, device or piece of equipment is referred to in the singular number, such reference applies to all and as many such articles as are shown on the drawings or required to complete the installation. 1.06 CONTRACT RESTRICTION +++ A. Time of Completion: The work of this Contract shall commence immediately after the effective date of the Notice to Proceed and shall be fully completed within the specified number of calendar days. It is hereby understood and �, mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the Contract of Work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is 4M further mutually understood and agreed that the Work embraced in this Contract shall be commenced on a date to be specified in the Notice to Proceed. The Contractor agrees that said Work shall be prosecuted regularly, so diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the Work described herein is a reasonable time for the am completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. .. B. Liquidated Damages: If the said Contractor shall neglect, fail or refuse to complete the Work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a 40 part consideration for the awarding of this Contract, to pay to the Owner an amount of money for each calendar day of delay after the time set, not as a penalty but as liquidated damages for loss of use of the facility. The amount of 4W money shall be as described in Instructions to the Bidders. Said amount shall be retained from time to time by the Owner from current periodic estimates. go It is further agreed that time is of the essence of each and every portion of this Contract and of the Specification wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the 40 Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or 4W I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01015.doc 01015 PAGE 4 .r A COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SPECIAL PROVISIONS SECTION 01015 so any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the 40 Owner: Provided further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: 1. To any preference, priority or allocation order duly issued by the Government, and 2. To unforseeable cause beyond the control and without the fault or negligence of the Contractor, including but not limited to, acts of God, or �. of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather, and 3. To any delays of subcontractors or suppliers occasioned by any of the causes specified in subsections 1 and 2 of this paragraph; Provided further, that the Contractor shall within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner, in writing, of the cause of delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. C. The foregoing provision for liquidated damages is in addition to and not in limitation of any other rights or remedies available to the Owner. .. 1.07 PRE-CONTRACT CONFERENCE After opening of Bids and before the signing of the Contract, the successful Bidder 40 shall meet with the Owner within 10 days of bid opening to coordinate the Progress Schedule and to discuss other requirements that may be of concern to any of the parties involved; conditions mutually agreed upon at this conference may be "' incorporated into the Contract. 1.08 PAYMENTS A. Progress Payments: Progress payments will be made based upon the value of the work performed and of the materials suitably stored at the siteas • determined by the Owner less the aggregate of any previous payments and retainage. Refer to Section 01027 for Application for Payment. B. Retainage will be held back at 5% of each pay request. Retainage will be held in an account at the direction of the Contractor, per the forms included in these documents. Any costs associated with holding these funds in any account shall be borne by the Contractor. Retainage shall be available to the Owner to meet obligations which the Contractor incurs but does not meet, or to meet obligations to the Owner incurred through conditions of the contract. Retainage does not relieve the Contractor of any obligations of the contract, nor of any financial obligation which retainage is not sufficient to meet. I:\Bill\CIP\Coulon Park Log boom\Project Manual0vision 1\01015.doc 01015 PAGE 5 dw COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SPECIAL PROVISIONS SECTION 01015 am Retainage or use of retainage shall not reduce the Contractors requirements under the contract. Aw 1.09 INSTRUCTIONS 40 All instructions will be given to the Contractor, or to his authorized agent, by the Architect for distribution to subcontractors or tradesmen on the Work; in like manner all communication from subcontractors and tradesmen on the Work to the Owner or aw Architect will be given through the Contractor; no subcontractors or tradesmen shall contact the Owner or Architect to discuss the Work, except as the Contractor may arrange. 1.10 HAZARDOUS AND TOXIC SUBSTANCES A. Raw Sewage Liquids: Raw sewage liquids, without solids, removed from a �. manhole or sewer main may be disposed of in a City owned sewer manhole with the approval by the Owner's field representative for each manhole location. B. The following toxic substances may not be disposed into the City's sewage system and must be disposed off site per all applicable laws and regulations at the expense of the Contractor: 1. Solids: Any solids removed from the manhole being serviced, including, but not limited to, rocks, concrete, vegetation, wood products and by- products. 2. Flammable or Explosive Material: Flammable liquids, solids, or gases capable of causing or contributing to explosion or supporting combustion in any sewerage facilities including, but not limited to, the following: fuel oil, waste crankcase oil, and acetylene generation sludge. 3. Odorous Substances: Any noxious or malodorous gas or substance which either by itself or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry by authorized personnel to pump stations and other sewerage facilities. •o 4. Toxic Vapor: Any gas or substance which either by itself or by interaction with other wastes can produce a toxic vapor. These substances include, but are not limited to, chlorinated hydrocarbons, hydrogen sulfide, sulfur m dioxide, and cyanide compounds. 5. Corrosive Substances: Any gas or substance which either by itself or by 40 interaction with other waste may cause corrosive structural damage to sewer works or treatment facilities, but in no case wastes with a PH lower than 5.5. do r I:\Bill\cIP\Coulon Park Log boom\Project Manual0vision 1\01015.doc 01015 PAGE 6 4M COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SPECIAL PROVISIONS SECTION 01015 6. Excessive Waste: Wastes at a flow rate and/or pollutant discharge rate which are excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency. 7. Slurry Type Materials: Materials such as concrete slurry or liquid epoxy mix or other substance that may harden in the sewer system. C. Toxic Waste Materials: Material removed from any sewage utility which has .. contact with the raw sewage or vapors is considered toxic waste material and must be disposed of in a proper manner as outlined by the State. This material shall not be disposed of in the City. D. The City does not provide a waste site for this project. The Contractor is responsible for legal disposal of all waste materials. 40 1.11 CONDITION OF WORKSITE The Contractor shall examine the premises and conditions of the site affecting the 40 Work and shall compare them to conditions as represented in the Contract Documents. Should conflicts or inconsistencies between the actual conditions and the Contract Documents be noted, the Contractor shall notify the Owner and await 4 his directions. 1.12 APPARENT CONTRADICTIONS It is mutually agreed and understood between the Owner and the Contractor that if any instance of contradiction between drawings of different scale, or between drawings and specifications, or between sections of the specifications, the more stringent requirements shall be interpreted as being in the Contract Sum. 1.13 OWNER OCCUPANCY The Owner reserves the right to use or to occupy the Project or any part thereof or to use the equipment installed under the Contract, prior to final payment and acceptance of the Work or any part thereof. Such use shall not negate or change the responsibility of the Contractor to the Owner for satisfactory completion of the Work, nor shall it negate any insurance provisions specified to be carried in full force A• until the time of acceptance. END OF SECTION I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01015.doc 01015 PAGE 7 Aw AM COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR MEASUREMENT AND PAYMENT SECTION 01025 .. PART1 GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and other sections of the General Requirements, apply to this work as if specified herein. 1.02 MEASUREMENT OF QUANTITIES A. In measuring all acceptably completed bid items of work, the Engineer will use 4W United States standard measure, make all measurements as described in this section unless individual Specifications require otherwise, follow methods generally recognized as conforming to good engineering practice, conform to the usual practice of carrying measurements and computations to the proper significant figure or fraction of units for each item, and measure horizontally or vertically unless otherwise specified. B. The basis of measurement for the items of work listed in the Bid Form shall be as follows: �. 1. "Lump Sum" or "Each" — Measured as a complete unit. Partial payment for lump sum items, if made, shall be based on the completed percentage of the related work as determined by the Engineer. 2. "Cubic Yard" or "Cubic Foot"— Measurement shall be based on in situ and final in-place dimensions. Volumes shall be determined by the average-end- „f area method, or other computation methods approved by the Engineer. Volume calculations for subaqueous work may be based on elevations and other data derived by bathymetric survey methods. I. 3. "Ton" —2,000 pounds of avoirdupois weight. The pay quantity shall be computed based on actual weight in the hauling vehicle. For each truckload, the Contractor shall furnish to the Engineer a certified weight ticket from the material supplier. Certified weight tickets shall clearly indicate the date, material supplier, project name, bid item number, material description, and weight of the material delivered. 4. No measurement will be made for: a. Work performed or materials placed outside lines shown on the plans or established by the Engineer. b. Materials wasted, used, or disposed of in a manner contrary to the Contract. 40 c. Rejected materials, including those rejected after placement if the rejection resulted from the Contractor's failure to comply with the Contract. „n d. Hauling and disposing of rejected materials. Am I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01025.DOC 01025 PAGE 1 r COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR MEASUREMENT AND PAYMENT SECTION 01025 .. e. Material remaining on-hand after the work is complete, unless otherwise specified. me f. Any work or material contrary to any Contract provisions. 1.03 PAYMENT A. The basis of payment will be the actual quantities of work performed according to the Contract and as specified for payment. B. Payments will be made for work and labor performed and materials furnished under the Contract according to the lump sum or unit prices listed in the Bid Form unless otherwise provided. The contract unit prices shall be full payment to the Contractor for: 1. Furnishing all materials and performing all work under the Contract (including changes in the work, materials, or plans) in a complete and acceptable manner. 2. All risk, loss, damage, or expense of whatever character arising out of the nature or prosecution of the work. «. 3. All expense incurred resulting from a suspension or discontinuance of the work as specified under the Contract. B. The payment of any estimate or retained earnings shall not relieve the Contractor of the obligation to correct any defective work or materials. C. Unless the Contract documents provide otherwise, the unit contract prices for the various bid items shall be full payment for all labor, materials, supplies, equipment, tools, and incidentals required to completely incorporate the item into the work as though the item were to read "In Place." 1.04 DELETED OR TERMINATED WORK The City of Renton may delete work by change order or may terminate the contract in whole or in part as provided in Section 00700 - General Conditions. When the Contract is terminated in part, the partial termination shall be treated as a deletion change order for payment purposes under this section. 1.05 INCREASED OR DECREASED QUANTITIES Adjustments due to increased or decreased quantities will be made in accordance with Section 00700 - General Conditions. The quantity of gravel and concrete panels may vary from 50% to 200% of the quantity shown on the drawings before the unit price per each may be renegotiated. I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01025.DOC 01025 PAGE 2 4W COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR MEASUREMENT AND PAYMENT SECTION 01025 0 PART1 GENERAL 40 1.01 RELATED WORK DESCRIBED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and other sections of the General Requirements, apply to this work as if specified herein. 40 1.02 MEASUREMENT OF QUANTITIES A. In measuring all acceptably completed bid items of work, the Engineer will use United States standard measure, make all measurements as described in this 'o section unless individual Specifications require otherwise, follow methods generally recognized as conforming to good engineering practice, conform to the usual practice of carrying measurements and computations to the proper significant me figure or fraction of units for each item, and measure horizontally or vertically unless otherwise specified. AM B. The basis of measurement for the items of work listed in the Bid Form shall be as follows: AW 1. "Lump Sum" or "Each" Measured as a complete unit. Partial payment for lump sum items, if made, shall be based on the completed percentage of the related work as determined by the Engineer. 2. "Cubic Yard" or "Cubic Foot" — Measurement shall be based on in situ and final in-place dimensions. Volumes shall be determined by the average-end- area method, or other computation methods approved by the Engineer. Volume calculations for subaqueous work may be based on elevations and other data derived by bathymetric survey methods. 3. "Ton" —2,000 pounds of avoirdupois weight. The pay quantity shall be computed based on actual weight in the hauling vehicle. For each truckload, the Contractor shall furnish to the Engineer a certified weight ticket from the material supplier. Certified weight tickets shall clearly indicate the date, material supplier, project name, bid item number, material description, and weight of the material delivered. 4. No measurement will be made for: a. Work performed or materials placed outside lines shown on the plans or established by the Engineer. b. Materials wasted, used, or disposed of in a manner contrary to the Contract. c. Rejected materials, including those rejected after placement if the rejection resulted from the Contractor's failure to comply with the Contract. d. Hauling and disposing of rejected materials. I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01025.DOC 01025 PAGE 1 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR MEASUREMENT AND PAYMENT SECTION 01025 r e. Material remaining on-hand after the work is complete, unless otherwise specified. f. Any work or material contrary to any Contract provisions. 1.03 PAYMENT A. The basis of payment will be the actual quantities of work performed according to the Contract and as specified for payment. B. Payments will be made for work and labor performed and materials furnished under the Contract according to the lump sum or unit prices listed in the Bid Form unless otherwise provided. The contract unit prices shall be full payment to the Contractor for: 1. Furnishing all materials and performing all work under the Contract (including changes in the work, materials, or plans) in a complete and acceptable manner. 2. All risk, loss, damage, or expense of whatever character arising out of the nature or prosecution of the work. .r. 3. All expense incurred resulting from a suspension or discontinuance of the work as specified under the Contract. B. The payment of any estimate or retained earnings shall not relieve the Contractor of the obligation to correct any defective work or materials. C. Unless the Contract documents provide otherwise, the unit contract prices for the AM various bid items shall be full payment for all labor, materials, supplies, equipment, tools, and incidentals required to completely incorporate the item into the work as though the item were to read "In Place." 1.04 DELETED OR TERMINATED WORK "' The City of Renton may delete work by change order or may terminate the contract in whole or in part as provided in Section 00700 - General Conditions. When the Contract is terminated in part, the partial termination shall be treated as a deletion change order 40 for payment purposes under this section. 1.05 INCREASED OR DECREASED QUANTITIES as Adjustments due to increased or decreased quantities will be made in accordance with Section 00700 - General Conditions. The quantity of gravel and concrete panels may law vary from 50% to 200% of the quantity shown on the drawings before the unit price per each may be renegotiated. I:011\0mCoulon Park Log boom\Project Manual\Division 1\01025.DOC 01025 PAGE 2 am COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR MEASUREMENT AND PAYMENT SECTION 01025 PART PRODUCTS NOT APPLICABLE PART 3 EXECUTION NOT APPLICABLE PART 4 MEASUREMENT AND PAYMENT 4.01 MOBILIZATION (LUMP SUM) A. Mobilization consists of preconstruction expenses and the costs of preparatory work and operations performed by the Contractor which occur before 10 percent of the total original contract amount is earned from other contract items. Items which are not to be included in the item Mobilization include, but are not limited to: 1. Any portion of the work covered by a specific contract item or incidental work, which is to be included in a contract item or items. 2. Profit, interest on borrowed money, overhead, or management costs. 3. Any costs of mobilizing equipment for force account work. B. Based on the lump sum contract price for Mobilization, partial payments will be made as follows: 1. When 5 percent of the total original contract amount is earned from other contract items, excluding amounts paid for materials on hand, 50 percent of the amount bid for Mobilization, or 5 percent of the total original contract amount, whichever is the least, will be paid. 2. When 10 percent of the total original contract amount is earned from other contract items, excluding amounts paid for materials on hand, 100 percent of the amount bid for Mobilization, or 10 percent of the total original contract " amount, whichever is the least, will be paid. 4.06 PROJECT CLEANUP AND CLOSEOUT (LUMP SUM) do Payment for all work and costs related to project cleanup and closeout site shall be at the contract lump sum price, and shall be full compensation for labor and materials Am required to comply with the contract provisions, and other related items of work in accordance with the project plans and specifications. END OF SECTION I:01RCIP\Coulon Park Log boom\Project Manual\Division 1\01025.DOC 01025 PAGE 3 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR APPLICATION FOR PAYMENT SECTION 01027 PART GENERAL 1.01 SECTION INCLUDES Submit Application for Payment based upon Schedule of Values previously submitted to •• and approved by the Owner's Representative. 1.02 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. City of Renton Application for Payment: 1. Fill in required information. a. Include Change Orders approved prior to Application submittal date. b. Fill in summary of dollar values to agree with respective total indicated on any continuation sheets. C. Original signatures on all copies by responsible officer of Contract firm; notarized. B. Continuation Sheets: 1. Totally fill in all schedule component work items. Show item number/scheduled dollar value/item Schedule of Values/01370. 2. Fill in dollar value in each column for each scheduled line item. • a. Round off values to nearest dollar/Tally Sheet. b. If no work has been performed, show"0." 3. At end of continuation sheets, list each Change Order approved prior to submission date. a. List by Change Order Number, and description, as for an original component item of work. b. Show WSST as a separate item and including a separate item for each change order. 1.03 SUBMITTAL PROCEDURE A. Submit four copies of Application for Payment at times stipulated in Agreement between Owner and Contractor. Allow stipulated time for processing. B. When Owner's Representative finds Application properly completed and correct, he transmits Payment Certificate to applicable department for payment. END OF SECTION I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01027.DOC 01027 PAGE 1 COULON BEACH LOG BOOM REPAIR MW AND TRANSIENT MOORAGE REPAIR CHANGE ORDERS SECTION 01028 40 PART1 GENERAL 1.01 SECTION INCLUDES Promptly implement change order procedures including: 40 1. Submittals 2. Documentation of change in Contract Sum/Price and Contract Time 3. Change procedures ,r 4. Construction change directives 5. Unit price change orders 6. Execution of change orders 7. Correlation of contractor submittals 1.02 SUBMITTALS A. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or subcontractors of changes to the Work. B. Change Order Forms: City of Renton, Community Services Department form . .. 1.03 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME A. Submit detailed records of work to be done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. C. On request, provide additional data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: 1. Origin and date of claim. ... 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. I:\Bill\CImCoulon Park Log boom\Project Manual\Division 1\01028.DOC 01028 PAGE 1 COULON BEACH LOG BOOM REPAIR �. AND TRANSIENT MOORAGE REPAIR CHANGE ORDERS SECTION 01028 1.04 CHANGE PROCEDURES A. Owner will advise of minor changes in the Work not involving an adjustment to Contract sum or Contract Time as authorized by The General Conditions to the Contract, Paragraph 7.4. B. The Owner's Representative may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change and the period of time during which the requested price will be considered valid. Contractor will prepare and submit an estimate within 5 days. C. The Contractor may propose a change by submitting a request for change to the Owner, describing the proposed change and its full effect of the Work, with a statement describing the reason for the change, and the effect of the �• Contract/Sum Price and contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. 1.05 CONSTRUCTION CHANGE DIRECTIVE — EMERGENCY CONDITIONS A. Owner may issue a document, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order only under emergency conditions or as authorized by the Owner. B. The document will describe changes in the Work, and will designate method of determining any change in Contract Sum or Contract Time. C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. E. Promptly execute the change in Work. .. 1.06 UNIT PRICE CHANGE ORDER For pre-determined unit prices and quantities, the Change Order will be executed on a �. fixed unit price basis. 1.07 EXECUTION OF CHANGE ORDERS Execution of Change Orders: Owner will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. 1ABill\CImCoulon Park Log boom\Project Manual\Division 1\01028.DOC 01028 PAGE 2 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR CHANGE ORDERS SECTION 01028 1.08 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum. B. Promptly revise construction schedules to reflect any change in Contract Time, revise sub-schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. A. END OF SECTION 4W AW AN .. 4. 40 0 AN I:\Bill\cIP\Coulon Park Log boom\Project Manual\Division 1\01028.DOC 01028 PAGE 3 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR REGULATORY REQUIREMENTS SECTION 01060 PART1 GENERAL 1.01 SECTION INCLUDES A. Comply with all governing laws, ordinances, statutes, rules and regulations, dw bearing on the conduct of the work as drawn and specified. This includes modifications, amendments, additions, and the like, current as of Project Manual Date. go B. Referenced codes establish minimum requirement levels. Where provisions of various codes or standards conflict, the more stringent provisions govern. Promptly submit to Architect written notice of observed contract document '� variations from legal requirements. C. Compliance requirements include, but are not limited to following: "" 1. Uniform Building Code and City of Renton amendments to Code and Related Standards, 1994 Edition, published by the International Conference of Building Officials. 2. WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2000 Edition. 3. Rules and Regulations for the State/City/County Board of Health, as applicable. 4. Department of Labor and Industries Regulations. 5. Environmental Requirements: All work to be performed in compliance with relevant statutes and regulations dealing with prevention of environmental pollution and preservation of public natural resources. 6. Energy Requirements: Comply with insulation and energy conservation r requirements of State of Washington, WAC 51.11. D. Specification of Higher Standards: Drawings and Specifications govern whenever Drawings and Specifications require higher standards than are required by governing codes, regulations, and the like. E. Jurisdiction Inspection Reports: Contractor shall immediately submit a copy to the architect and owner upon receipt of all on-going inspection reports made by the city, county, or state regulatory agencies pertaining to the construction and construction procedures. Contractor shall request from inspection agency that all inspection comments be made in writing and cite specific sections of code, rules or regulations being referenced. END OF SECTION I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01060.doc 01060 PAGE 1 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR MEETINGS SECTION 01200 PART1 GENERAL rr 1.01 PRECONSTRUCTION MEETING A. Notification Following the award, the City will notify the selected bidder of the time and date of the preconstruction meeting. B. Location The preconstruction meeting will be scheduled at the park located at 1201 Lake Washington Blvd. N, Renton, Washington. C. Attendance The following are requested to attend: 1. City of Renton representatives a. Project Engineer(s) b. Consultant C. Inspector 2. Contractor's representatives a. Project Manager(Superintendent) b. Contract Administrator C. Major Subcontractors D. Suggested Agenda 1. Communications and routing 2. Precontract Submittals a. Certificate of Insurance b. Performance Bond do C. Labor and Materials Payment Bond d. Schedule of Values 3. Execution of the Contract do 4. Discussion of the General Conditions 5. Discussion of the Special Conditions 6. Discussion of the General Requirements do 7. Discussion of the Technical Specifications 8. Site visit „ 1.02 PROGRESS MEETINGS A. The City will schedule and administer weekly progress meetings throughout r progress of the work. do I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01200.DOC 01200 PAGE 1 dw am COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR MEETINGS SECTION 01200 to B. The City will arrange meetings; prepare standard agenda with copies for participants; preside at meetings; and record minutes and distribute copies within ten working days to the Contractor, meeting participants, and others affected by decisions made. C. Attendance is required for the Contractor's job superintendent, major subcontractors and suppliers, Engineer, and City's representative as appropriate to the agenda topics for each meeting. D. Standard Agenda 1. Review minutes of previous meeting 2. Review of work progress 3. Field observations, problems, and decisions 4. Identification of problems that impede planned progress 5. Maintenance of progress schedule 6. Corrective measures to regain projected schedules 7. Planned progress during succeeding work period 8. Coordination of projected progress 9. Maintenance of quality and work standards 10. Effect of proposed changes on progress schedule and coordination 11. Demonstration that the project record drawings are up-to-date 12. Other business relating to the work END OF SECTION I:\Bill\CImCoulon Park Log boom\Project Manual\Division 1\01200.DOC 01200 PAGE 2 dr. COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SUBMITTALS SECTION 01300 ,rr PART1 GENERAL +r 1.01 RELATED WORK DESCRIBED ELSEWHERE A. The provisions and intent of the Contract, including the General Conditions, .�. Supplementary Conditions, and other sections of the General Requirements, apply to this work as if specified in this section. B. Division 1 contractual requirements for submittals: Section 00800, Supplementary Conditions r C. Individual submittals required in accordance with the pertinent sections of these specifications. PART 2 PRODUCTS s 2.01 COMPLIANCE +r Failure to comply with these requirements shall be deemed as the Contractor's agreement to furnish the exact materials specified or materials selected by the Engineer based on these specifications. 2.02 SHOP DRAWINGS A. The City of Renton will not accept shop drawings that prohibit the City from making sepias or copies for its own use. B. Quality: Shop drawings shall be prepared accurately to scale sufficiently large enough to indicate all pertinent features of the products and the method of fabrication, connection, erection, or assembly with respect to the work. C. All drawings submitted to the Engineer for this approval shall be drawn on sheets that are 22 inches wide by 34 inches long in overall dimensions or on small sheets that are multiples of 8-1/2 inches by 11 inches. D. Type of prints required: The Contractor shall submit six prints or copies of all shop drawings or supplemental working drawings in accordance with the General Conditions. 2.03 MANUFACTURERS' LITERATURE A. The Contractor shall submit six(6) copies of manufacturers' literature for approval. B. Catalog cuts or brochures shall show the type, size, ratings, style, color, manufacturer, and catalog number of each item and be complete enough to provide for positive and rapid identification in the field. Catalog data shall be submitted in an orderly bound form. General catalogs or partial lists will not be accepted. r. I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01300.DOC 01300 PAGE1 aw COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SUBMITTALS SECTION 01300 aw 2.04 SAMPLES +0 A. The sample submitted shall be the exact or precise article proposed to be furnished. .r B. Samples, color chips, finish styles, etc., shall be submitted in sufficient number as to provide the Engineer with alternate choices. 2.05 SUBSTITUTIONS A. The Contract is based on the materials, equipment, and methods described in the contract documents. B. The Engineer will consider proposals for substitutions of materials, equipment, and methods only when such proposals are accompanied by full and complete do technical data and all other information required by the Engineer to evaluate the proposed substitution. C. Do not substitute materials, equipment, or methods unless such substitution has been specifically approved in writing for this work by the Engineer. r D. Requests for substitutions may be made after award. Such requests shall be accompanied by all technical data and costs, and delivery information. When, in the sole opinion of the Engineer, the product is equal or better in all respects to the ,, product specified, it will be approved subject to contract requirements and the Contractor's assumption of all responsibility therefore. am E. After written approval, this submission shall become a part of the Contract, and may not be deviated from except upon written approval of the City. F. Catalog data for equipment approved by the Engineer does not in any case "" supersede the contract documents. The approval by the Engineer shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless Contractor has in writing called the Engineer's attention to such deviations do at the time of the submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the contract documents for deviations and errors. r G. It shall be the responsibility of the Contractor to ensure that items to be furnished fit the space available. Contractor shall make necessary field measurements to r ascertain space requirements, including those for connections and shall order such sizes and shapes of equipment that the final installation shall suit the true intent and meaning of the drawings and specifications. r H. Where equipment requiring different arrangement of connections from those shown as approved is used, it shall be the responsibility of the Contractor to install A, the equipment to operate properly, and in harmony with the intent on the drawings and specifications, and to make all changes in the work required by the different 1:011\0P\Coulon Park Log boom\Project Manual\Division 1\01300.DOC 01300 PAGE 2 .. COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SUBMITTALS SECTION 01300 .o arrangement of connections together with any cost of redesign necessitated thereby, all at Contractor's expense. In I. Where the phrase "or equal" or"or equal as approved by the Engineer" occurs in the contract documents, do not assume that material, equipment, or methods will 1W be approved as equal by the Engineer unless the item has specifically been approved for this work by the Engineer. J. The decision of the Engineer shall be final. PART 3 EXECUTION r 3.01 TRANSMITTALS AW A. General: The Contractor shall submit all shop drawings, catalog cuts, brochures and mailable samples accompanied with a transmittal form supplied by the City. Six copies of each submittal shall be transmitted. As B. Preparation: A separate submittal form shall be prepared for each product or procedure and shall be further identified by referencing the Specification, the AM Section number and paragraph number. Each submittal shall be numbered consecutively. aw C. Mailing: The original shall be sent in every instance and will be the Contractor's record and final correspondence for every submittal. do 3.02 COORDINATION A. Shop and detail drawings shall be submitted in related packages. All equipment or material details that are interdependent or are related in any way must be submitted indicating the complete installation. Submittals shall not be altered once approved for construction. Revisions shall be clearly marked and dated. Major revisions must be submitted for approval. B. The Contractor shall thoroughly review all shop and detail drawings, prior to .. submittal, to ensure coordination with other parts of the work. The Contractor's failure to do this will be the cause for rejection. Submittals shall bear this approval stamp and initials. C. Components or materials that require shop drawings, and which arrive at the job site prior to approval of shop drawings, shall be considered as not being made for this project and shall be subject to rejection and removal from the premises. END OF SECTION I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01300.DOC 01300 PAGE 3 4M COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR SHOP DRAWINGS, PRODUCT DATA, &SAMPLES SECTION 01340 ar PART1 GENERAL 1.01 SECTION INCLUDES Submit Shop Drawings, Product Data and Samples required by the Contract Documents. PART 2 PRODUCTS 2.01 PRODUCT DATA Clearly identify on each copy, as applicable: • Pertinent products or models; performance characteristics 2.02 SAMPLES Office samples shall be of sufficient size and quantity to clearly illustrate: • Products'functional characteristics with integrally related parts and attachment devices; and full range of color and texture. 2.03 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in the submittals required by the Architect and resubmit until approved. B. Shop Drawings and Product Data: Revise initial drawings or data, and resubmit as specified for the initial submittal. 2.04 ARCHITECT'S REVIEW RESPONSIBILITIES Reviewing is only for general conformance and compliance with Project Design concept and Contract Documents. Any action shown is subject to Contract Documents' requirements. Contractor is responsible for: 1. Dimensions (confirm and correlate at job site). 2. Fabrication processes; construction techniques. 3. Quantities, space requirements, coordination of work with that of other trades. 4. Union jurisdiction, infringements of patent rights. 5. Possible cause of injury to persons or property. 6. Satisfactory performance of your work, and the like. ..r END OF SECTION r I:\Bill\CImCoulon Park Log boom\Project Manual\Division 1\01340.DOC 01340 PAGE 1 COULON BEACH LOG BOOM REPAIR MW AND TRANSIENT MOORAGE REPAIR SCHEDULE OF VALUES SECTION 01370 Aw PART 1 - GENERAL w 1.01 SECTION INCLUDES A. Within fourteen ( 14 ) days after signing contract and before the first application for first payment is made, submit Schedule of Values typed on referenced AIA documents G702 - 703 or facsimile to Architect. 1. Provide support data for values, if requested. 2. Use Schedule as basis for Application for Payment. 1.03 FORM AND CONTENT OF SUBMITTAL law A. Generally follow Project Manual Table of Contents, as the format for listing components: 4W 1. Identify each line item with title of respective major Specification Section. 2. Include in each item a directly proportionate amount of Contractor's overhead and profit. 3. For items on which progress payments will be requested for stored materials, break down the cost into: a. The cost of materials, delivered and unloaded. b. Total installed value (less taxes). C. Show Washington Sales Taxes as a separate item. 4. For each line item of installed value exceeding $20,000, show breakdown by major products or operations under each item. 5. Round-off figures to nearest dollar amount. 6. Make sum of total scheduled costs equal to Contract sum. AV go END OF SECTION AN I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01370.doc 01370 PAGE 1 to to MW COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR QUALITY CONTROL SECTION 01400 "' PART 1 GENERAL 1.01 REQUIREMENTS INCLUDE Im A. General Quality Control B. Workmanship 1WW C. Manufacturer's Instructions D. Testing Laboratory Services 4, 1.02 QUALITY CONTROL, GENERAL A. Maintain quality control over subcontractors and suppliers, manufacturers, products, services, site conditions, delivery schedules, and workmanship, to produce work of specified quality. 1.03 WORKMANSHIP V A. Comply with industry standards AW B. Perform work by persons qualified to produce workmanship of specified quality. C. Secure products in place with positive anchorage devices designed and sized to 40 withstand stresses, vibration, and racking. 1.04 MANUFACTURERS' INSTRUCTIONS 40 A. Comply with instructions in full detail, including each step in sequence. Should instructions conflict with Contract Documents, request clarification from Architect 4ft before proceeding. 1.05 TESTING LABORATORY SERVICES ,do A. Owner will employ and pay for services of an Independent Testing Laboratory to perform inspections, tests, and other services required by individual Specification Sections and by governing authorities. aw B. Services will be performed in accordance with requirements of governing authorities and with specified standards. 40 C. Reports will be submitted to Architect/Engineer/Owner in triplicate giving observations and results of tests, indicating compliance or non-compliance with s® specified acceptable standards and with Contract Documents. END OF SECTION I:\Bill\CIP\Coulon Park i_oa boons\Project Manual\Division 1\01400.doc 01400 PAGE 1 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR INSPECTIONS &TESTS SECTION 01430 PART1 GENERAL 1.01 SCOPE A. When testing is required, special inspection and laboratory services obtained by the Owner are solely an assurance that Contract Document provisions are met. Results of Owner-procured tests and inspections may be made available to the Contractor as a convenience only. In no way is this to be construed as relieving the Contractor of his do obligations to provide materials and workmanship in accordance with the specifications. 1.02 COSTS Am A. Except as specified elsewhere, the Owner will select and pay for all initial services of the testing laboratory for tests not required by public regulatory authorities. When initial tests indicate non-compliance with the Contract Documents, the costs of initial tests ,do associated with that non-compliance will be deducted by the Owner from the Contract Sum. All subsequent re-testing will be performed by the same testing laboratory and the costs of any test not in compliance will be deducted from the Contract Sum. 1.03 CODE COMPLIANCE TESTING A. Inspections and tests required by codes, ordinances or by a plan approval authority, and made by a legally constituted authority, shall be the responsibility of and shall be paid for by the Contractor, unless otherwise provided in the Contract Documents. 1.04 SUBMITTALS A. Promptly process and distribute all required copies of test reports and related instructions. 1.05 DUTIES OF INSPECTORS AND TESTING SERVICES A. General: Inspection and testing services may be engaged by the Owner for the checking and testing of the following phases of the Work. 4 B. Sitework: 1. Earthwork: Inspect excavations for conformance with specifications. .. 2. Depth and Class of material: Test surfacing for specified depth and class. 4. Material make-up: Test for compliance with specifications. .. 1.06 CONTRACTOR'S RESPONSIBILITY A. Notification: 1. Notify Owner's Representative at least 48 hours before inspection will be required. 2. Notify testing laboratory sufficiently in advance of operations (not less than 48 hours) to allow for laboratory assignment of personnel and scheduling of tests. I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01430.doc 01430 PAGE 1 M COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR INSPECTIONS &TESTS SECTION 01430 B. Defective Work: Remove and replace or bring into conformance with the Contract Documents any materials and work found defective by testing and inspection personnel .. at no additional cost to the Owner. C. Adherence to Schedule: When the testing laboratory is ready to test according to the ..r determined schedule but is prevented from testing or taking specimens due to incompleteness of the work, all extra costs attributable to the delay may be charged to the Contractor. END OF SECTION 4W 4W ve Am A AM 4 4W AW I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01430.doc 01430 PAGE 2 40 40 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS SECTION 01500 go PART1 GENERAL 40 1.01 REQUIREMENTS INCLUDE: A. Protection of Utilities ,. B. Barriers C. Protection of Property D. Erosion and Sediment Control E. Noise Control F. Automobile Parking G. Pollution Control 1.02 PROTECTION OF UTILITIES A. The Contractor is responsible for location and protection of all existing utilities. The Contractor shall at its own expense carefully protect from injury trees (other than those authorized for removal under clearing operations), building, telephone, telegraph or power and light poles, water lines, conduit, drains, culverts or any other structures and improvements at no cost to the Owner, leaving them in as good condition as they were prior to his interference, determined by the Architect; and the Contractor shall be liable for any damages or claims arising from these interferences with said structures. The Contractor shall make every effort to avoid damage to or breaking of water mains or service pipes and shall be responsible for determining actual locations of public and private utilities in the field and checking with the appropriate agencies involved. The Contractor shall be solely responsible for any damage resulting from his operations. B. Gene Coulon Memorial Beach Park will be open to the public during the Work, and the Contractor will make every effort to avoid disruptions and disturbances to public areas during construction. 1.03 BARRIERS A. Make provisions to prevent public entry to the site, and to protect existing sidewalks, plantings, and adjacent properties from damage by construction operations. B. Provide temporary fencing as required to prevent public entry into the project area. 40 C. Provide barricades as required by governing authorities for protection of the public in the public right-of-way. Maintain usable sidewalk access as much as practical during demolition operations. go D. Provide for maintaining vehicular traffic around site, and prevent spillage of materials on public streets. I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01500.doc 01500 PAGE 1 �r w COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS SECTION 01500 0 1.04 PROTECTION OF PROPERTY A. Provide temporary protection of existing improvements in public ROW areas beyond •+ the property lines. Protect improvements from construction traffic and movement of heavy objects. B. Protect during the entire project:: 1. Adjacent structures and sidewalks 2. Trees and shrubs, except those to be removed. C. Repair or replace any damaged items. 1.05 EROSION AND SEDIMENT CONTROL A. Set up temporary erosion control facilities as needed and required to prevent sediments entering into the existing storm water system and River. B. Separate sedimentation from water before discharging into storm system. 4W 1.06 NOISE CONTROL A. Verify with City the allowable noise producing demolition work hours for each day of the week. Comply with local noise ordinances if more stringent than noted herein. B. In addition to the Noise Ordinance requirements, to reduce the noise impact of SW demolition on nearby properties, limit the hours of demolition to between 7:00 a.m. and 5:00 p.m. 1.07 AUTOMOBILE PARKING A. Workers' automobiles may be parked on site in the boat launch parking lot adjacent to the site at Gene Coulon Memorial Beach Park. 1.08 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by any construction operations. B. Excess dust created during demolition work shall be reduced to a minimum by spraying of water by the demolition contractor. END OF SECTION I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01500.doc 01500 PAGE 2 do 00 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR ENVIRONMENTAL CONTROLS SECTION 01560 M0 PART1 GENERAL me 1.01 RELATED WORK DESCRIBED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and other sections of the General Requirements, apply to this work as if specified in this section. 1.02 DESCRIPTION OF WORK The work includes the requirements to maintain environmental controls by the Contractor until the acceptance of the Work. The work also includes compliance with all controls or ordinances with respect to safety, noise, dust, and traffic. 1.03 SITE MAINTENANCE The Contractor shall keep the work site, staging areas, and Contractor's facilities clean and free from rubbish and debris. Materials and equipment shall be removed from the • site when they are no longer necessary. Upon completion of the work and before final acceptance, the work site shall be cleared of equipment, unused materials, and rubbish to present a clean and neat appearance in conformance with the present condition of the site. A. Site Preparation 1. The Contractor shall prepare a Surface Water Pollution Prevention Plan (SWPPP) prior to construction activity. Aw 2. The Contractor shall prepare a Spill Prevention, Containment and Countermeasure (SPCC) Plan prior to the start of construction activity (per paragraph 1.08). M. B. Clean-Up 1. Waste material of any kind shall not be permitted to remain on the site of the work or on adjacent streets. Immediately upon such materials becoming unfit for use in the work, they shall be collected, removed from the site, and disposed of by the Contractor. 2. The Contractor shall keep all buildings occupied by the Contractor clear of all refuse, rubbish and debris that may accumulate from any source and shall keep them in a neat condition to the satisfaction of the Engineer. 4„ 3. In the event that waste material, refuse, debris and/or rubbish are not removed from the work by the Contractor, the City reserves the right to have the waste material, refuse, debris and/or rubbish removed. The expense of the removal and disposal will be charged to the Contractor. 0 I:011\0mCoulon Park Log boom\Project Manual\Division 1\01560.DOC 01560 PAGE1 ;0 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR ENVIRONMENTAL CONTROLS SECTION 01560 4. Paints, solvents, and other construction materials shall be handled with care to prevent entry of contaminants into storm drains, air, groundwater, surface �., waters, or soils. The Contractor shall be responsible for all cleanup costs, fines and/or penalties incurred as a result of improper handling of materials used to perform the work. C. Street and Parking Lot Cleaning 1. The Contractor shall be responsible for preventing dirt and dust from escaping from trucks entering or departing the project site by covering dusty loads, washing truck tires before leaving the site, and/or other reasonable methods. 2. When working dump trucks and/or other equipment are on paved streets and roadways, the Contractor will be required to clean said streets if required by AW the City at the conclusion of each day's operations. 3. In the event that the above requirements are violated and no action is taken A. by the Contractor after notification of infraction by the City, the City reserves the right to have the streets in question cleaned by others and the expense of the operation will be charged to the Contractor. to 1.04 FUGITIVE DUST AND AIR POLLUTION CONTROL A. The Contractor shall not discharge smoke, dust, and/or other contaminants into the atmosphere that violate the regulations of any legally constituted authority. The Contractor shall abide by all applicable regulations enforced by the Puget Sound Clean Air Agency. B. The Contractor shall minimize nuisance dust by cleaning, sweeping, vacuum sweeping, sprinkling with water, or other means. The use of water in amounts that result in mud on site or in public streets is not acceptable as a substitute for sweeping or other methods. Equipment for this operation shall be on the job site or available at all times as appropriate. A. 1.05 NOISE CONTROL Construction involving noisy operations, including starting and warming up of equipment, shall be in compliance with local noise ordinances. Noisy operations shall be scheduled to minimize their duration. The Contractor shall comply with all local controls and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. r 1.06 TREE AND PLANT PROTECTION The Contractor shall carefully protect trees and vegetation in all areas within the site designated on the plans and all areas outside of the boundaries of the project site from damage by construction activities. If trees or vegetation are damaged or destroyed by I:\Bill\CImCoulon Park Log boom\Project Manual\Division 1\01560.DOC 01560 PAGE 2 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR ENVIRONMENTAL CONTROLS SECTION 01560 construction, the Contractor shall replace them with species and grade as required by the Engineer, at no cost to the City. 1.07 SPILL PREVENTION AND CONTROL A. The Contractor shall be responsible for prevention, containment, and cleanup of spilled oil, fuel and other petroleum products used in the Contractor's operations. All such prevention, containment and cleanup costs shall be borne by the Contractor. The Contractor shall prepare a Spill Prevention, Containment and Countermeasure (SPCC) Plan. The SPCC plan shall be submitted to the City at least two weeks prior to the start of construction activity. Construction activities shall not begin until the City has reviewed and approved the SPCC Plan. B. The Contractor is advised that discharge of oil from equipment or facilities into state waters or onto adjacent land is not permitted under state water quality regulations. The Contractor will be responsible for all costs, including cleanup, fines or penalties, that are incurred as a result of discharge of oil from the Contractor's equipment or facilities. C. The Contractor shall, at a minimum, take the following measures regarding oil spill prevention, containment and cleanup: 1. Fuel hoses, lubrication equipment, hydraulically operated equipment, oil drums, and other equipment and facilities shall be inspected regularly for drips, leaks, or signs of damage, and shall be maintained and stored properly to prevent spills. Proper security shall be maintained to discourage vandalism. " 2. All land-based oil and products storage tanks stored at the project site shall be kept in areas that are diked, have secondary containment or are otherwise located so as to prevent spills from escaping to the ground or water. 3. All visible floating oils on surface water at the project site shall be Alm immediately contained with booms, dikes, or other appropriate means and removed from the water prior to discharge into state waters. All visible oils on land shall be immediately contained using dikes, straw bales, or other do appropriate means and removed using sand, ground clay, sawdust, or other absorbent material, which shall be properly disposed of by the Contractor. Waste materials shall be temporarily stored in drums or other leakproof do containers after cleanup and during transport to disposal. Recovered oils and/or waste materials shall be disposed of by the Contractor off site at an approved facility at no cost to the City. 4. In the event of any oil or product discharges into public waters, or onto land with a potential for entry into public waters, the Contractor shall immediately notify the City of Renton and the following agencies at their listed 24-hour response numbers: I:\Bill\cIP\Coulon Park Log boom\Project Manual\Division 1\01560.DOC 01560 PAGE 3 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR ENVIRONMENTAL CONTROLS SECTION 01560 National Response Center, 1-800-424-8802 Washington Emergency Management Division, 1-800-258-5990 Ecology, Southwest Regional Office, 360-407-6300 1.08 CONTAMINATED/HAZARDOUS SOILS AND GROUNDWATER A. Contractor's responsibility: 1. The Contractor shall monitor soils, groundwater and waste materials for the presence of contaminants by instructing workers to observe and report questionable materials and odors, such as refuse, oily sheen or color on soils or water, and oily or chemical odors. If hazardous or contaminated materials are encountered, the Contractor shall stop all work in that area and notify the Engineer immediately. 2. The Contractor shall be responsible for all matters related to work safety and for detection of contaminated soils and groundwater encountered during the construction as they relate to worker safety. The Contractor shall ensure the protection of the safety and health of construction workers and other authorized persons at the work site from exposure to potential toxic materials. A. 3. As part of the Contractor's safety program, workers shall be instructed by a specialist on basic methods or techniques to assist workers in detecting hazardous soils or groundwater during construction of this project. B. Notification and Suspension 1. In the event the Contractor detects the presence of suspicious materials, the Contractor shall immediately notify the City. Following such notification by the Contractor, the City shall in turn notify the various governmental and regulatory agencies concerned with the presence of potentially dangerous materials. Depending upon the type of problem identified, the City may suspend the work in the vicinity of the material discovery. 2. Following completion of any further testing necessary to determine the nature .. of the materials involved, the City will determine how the material shall be handled and disposed. Although the actual procedures used in resuming the work shall depend upon the nature and extent of the questionable material, ,.. the following alternate methods of operation are foreseen as possible: a. Contractor to resume work as before the suspension. b. Contractor to move its operations to another portion of the site until measures to eliminate any hazardous conditions can be developed and approved by the appropriate regulatory agencies. 40 C. The City will direct the Contractor to dispose of the excavated material at an approved legal landfill site or approved treatment facility. In the case of groundwater, provide adequate treatment prior to discharge/reinfiltration or dispose off-site at an approved facility. go Aw I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01560.DOC 01560 PAGE 4 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR ENVIRONMENTAL CONTROLS SECTION 01560 PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION AW ar. 40 .. AN fAw I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01560.DOC- 015 PAGE 5 .r COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR TRAFFIC REGULATION SECTION 01570 PART1 GENERAL 1.01 REQUIREMENTS INCLUDE A. Flagmen 0 B. Flares and Lights C. Haul Routes D. Traffic Signs and Signals E. Removal go F. Street Use Permits PART 2 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A. Traffic Cones and Drums, Flares, Lights and Traffic Control Barriers: As required by the City. _ B. Flagman Equipment: As required by the City. 4W PART 3 EXECUTION 40 3.01 REFUSE CONTAINERS Locate refuse containers on-site, where possible, to prevent interference with public A. traffic and public parking. 3.02 FLAGMEN "' Provide trained and equipped flagmen to regulate traffic when construction operations or traffic encroach on public right of ways. "" 3.03 FLARES AND LIGHTS Use flares and lights during hours of low visibility to delineate traffic lanes and to guide Am vehicular and pedestrian traffic. 3.04 HAUL ROUTES am Consult with City authorities, establish acceptable public thoroughfares to be used for haul routes and site access. do as AW I:\Bill\CImCoulon Park Log boom\Project Manual\Division 1\01570.DOC 01570 PAGE1 .■ COULON BEACH LOG BOOM REPAIR "" AND TRANSIENT MOORAGE REPAIR TRAFFIC REGULATION SECTION 01570 r. 3.05 TRAFFIC SIGNS AND SIGNALS „r„ A. At approaches to site and on-site, install at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B. Relocate as Work progresses, to maintain effective traffic control measures. 3.06 REMOVAL Remove equipment and traffic control devices when no longer required. Repair damage caused by installation. 3.07 STREET USE PERMITS Obtain street use permits for the work, traffic revisions, and haul routes, as may be d+ required. END OF SECTION I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01570.DOC 01570 PAGE 2 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR PRODUCT SUBSTITUTIONS SECTION 01630 PART1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section specifies administrative and procedural requirements for handling requests for substitutions made after award of the Contract. B. Requests for substitutions will not be considered until after award of the Contract. 1.03 DEFINITIONS 40 A. Definitions used in this Article are not intended to change or modify the meaning of other terms used in the Contract Documents. B. Substitutions: Requests for changes in products, materials, equipment, and methods of construction required by Contract Documents proposed by the Contractor after award of the Contract are considered requests for "substitutions". The following are not considered substitutions: 1. Substitutions requested by Bidders during the bidding period, and accepted prior to award of Contract as directed by the Owner, are considered as included in the Contract documents and are not subject to 40 requirements specified in this Section for substitutions. 2. Revisions to Contract Documents requested by the Owner or Consultant. 40 3. Specified options of products and construction methods included in Contract Documents. aw 4. The Contractor's determination of and compliance with governing regulations and orders issued by governing authorities. As 1.04 SUBMITTALS A. Substitution Request Submittal: Requests for substitution will be considered if received within 5 days after Notice to Proceed has been issued. Requests received more than 5 days after commencement of the Work may be considered or rejected at the discretion of the Owner. I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01630.doc .. 01630 PAGE 1 �r COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR PRODUCT SUBSTITUTIONS SECTION 01630 1. Submit 3 copies of each request for substitution for consideration. 2. Identify the product, or the fabrication or installation method to be replaced in each request. Include related Specification Section and Drawing numbers. Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate: a. Product Data, including Drawings and descriptions of products, fabrication and installation procedures. b. Samples, where applicable or requested. c. A detailed comparison of significant qualities of the proposed substitution with those of the work specified. Significant qualities may include elements such as size, weight, durability, performance and visual effect. d. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by the Owner and separate Contractors, that will become necessary to accommodate the proposed substitution. e. A statement indicating the substitution's effect on the Contractor's Construction Schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall Contract Time. f. Cost information, including a proposal of the net change, if any in the awarded Contract Price. g. Certification by the Contractor that the substitution proposed is equal to or better in every significant respect to that required by the Contract Documents, and that it will perform adequately in the application indicated. Include the Contractor's waiver of rights to additional payment or time, that may subsequently become necessary because of the failure of the substitution to perform adequately. 3. Owner's Representative Action: Within one week of receipt of the request for substitution, the Owner's Representative will request additional information or documentation necessary for evaluation of the request. Within 2 weeks of receipt of the request, or one week of receipt of the additional information or • documentation, which ever is later, the Owner's Representative will notify the I:\Bill\CIP\Coulon Park Log boom\Proje t Manual\Division 1\01630.doc 01630 "' PAGE 2 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR PRODUCT SUBSTITUTIONS SECTION 01630 Contractor of acceptance or rejection of the proposed substitution. If a decision on use of a proposed substitute cannot be made or obtained within the time allocated, use the product specified by name. Acceptance will be in the form of a Change Order. PART 2 PRODUCTS .. 2.01 SUBSTITUTIONS A. Conditions: The Contractor's substitution request will be received and considered by the Owner's Representative when one or more of the following conditions are satisfied, as determined by the Owner; otherwise requests will be returned without action except to record non-compliance with these requirements. 1. Extensive revisions to Contract Documents are not required. 2. Proposed changes are, in keeping with the general intent of Contract documents. 3. The request is timely, fully documented and properly submitted. AIN 4. The request is directly related to an "or equal" clause or similar language in the Contract Documents. 5. The specified product or method of construction cannot be provided within the Contract Time. The request will not be considered if the product or method cannot be provided as a result of failure to pursue the Am Work promptly or coordinate activities properly. 6. The specified product or method of construction cannot receive necessary approval by a governing authority, and the requested substitution can be approved. No 7. A substantial advantage is offered the Owner, in terms of cost, time, energy conservation or other considerations of merit, after deducting offsetting responsibilities the owner may be required to bear. Additional �. responsibilities for the Owner may include additional compensation to the Consultant for redesign and evaluation services, increased cost of other construction by the Owner or separate Contractors, and similar considerations. 8. The specified product or method of construction cannot be provided in a manner that is compatible with other materials, and where the Contractor certifies that the substitution will overcome the incompatibility. I:\Bill\CIP\Coulon Park Log boom\Project Mangy al\Division 1\01630.doc 01630 PAGE 3 COULON BEACH LOG BOOM REPAIR AN AND TRANSIENT MOORAGE REPAIR PRODUCT SUBSTITUTIONS SECTION 01630 .r 9. The specified product or method of construction cannot be coordinated with other materials, and where the Contractor certifies that the proposed substitution can be coordinated. 10. The specified product or method of construction cannot provide a warranty required by the Contract documents and where the contractor certifies that the proposed substitution provide the required warranty. 11. The Contractor's submittal and Consultant's acceptance of Shop Drawings, Product Data or Samples that relate to construction activities not complying with the Contract Documents does not constitute an acceptable or valid request for substitution, nor does it constitute approval. PART 3 EXECUTION NOT APPLICABLE END OF SECTION I:\Bill\CIP\Coulon Park Log boom\Project IV-nual\Division 1\01630.doc 01630 PAGE 4 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR PROJECT CLOSE-OUT SECTION 01700 PART 1 GENERAL 1.01 SCOPE A. At or near completion of construction of the project, certain items, or work and submittals as specified elsewhere, are required prior to the Owner's acceptance and final payment for the project which include, but are not limited to, the following; and as outlined in Paragraph 1.10 of this Section. 1.02 CLEANUP A. Exterior Surfaces: Remove construction equipment and temporary facilities from premises; clean and disinfect areas occupied by sanitary conveniences; remove temporary connection to services and restore to "original" condition. Remove all construction debris and excess materials. Complete all final maintenance requirements and leave all pavements within the limits of work in a broom clean condition. 1.03 GUARANTEES .o A. Provide one year warranty in writing. a„ B. Guarantees and warranties shall begin at the time specified in the Architect's letter of substantial completion. 1.04 PROJECT RECORD A. The contractor is to mark set of drawings to show accurate measurements of all underground and hidden utilities and services related to the project; record all am changes of direction and locations and dimensions and elevations. Clearly mark set as "Record Documents: Contractors' Set" and maintain in good condition, available at all times for inspection by Architect and not used for construction purposes. Upon "` completion of the project and before final payment, the Contractor shall forward the Record Documents showing clearly all "as-built" notations including dimensions to accurately locate all of the above including changes, to the Architect. The recording go of information is the responsibility of the Contractor and shall be done at no additional cost to the Owner. 4M 1.05 OPERATION & MAINTENANCE DATA A. General Building Manual: Furnish 3 finished copies of manual listing Contractor and subcontractors, including addresses and telephone numbers and name of contact person, all materials installed in the irrigation system. Include manufacturer's and suppliers' names, addresses, phone numbers, contact persons, and model numbers; all pertinent data required for replacement ordering or duplication at later date; list in order of how specified on typewritten 8-1/2 x 11 inch pages. Bind in hardback, cloth- covered binding with name of project, date of completion and acceptance and Architect's name, address and telephone number imprinted on cover. Deliver to Architect at time of acceptance of the work. I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01700.doc 01700 PAGE 1 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR PROJECT CLOSE-OUT SECTION 01700 1.06 FINAL INSPECTION .. A. In accordance with the General Conditions, and after receipt of written notice that the work is ready for final inspection and acceptance and receipt of the final application for payment, the Architect will make such inspection in the presence of the Contractor and Owner and furnish the Contractor with a "Punch List" of any items found incomplete or not in conformance with the contract documents. The Contractor shall remedy such defects within 30 days of his receipt of the list and the Architect will make one subsequent inspection of the work. B. Should correction not be made within the allotted 30 days and should additional inspections of the work be required due to failure of the Contractor to remedy defects listed, the Contractor shall pay to the Owner the cost of any additional Engineer's construction management costs on their published per hour rate of the actual cost of the expenses, plus travel expenses by private automobile at the rate of 32.0 cents per mile. Such sum shall be deducted from the Contractor's final payment. When the Architect finds the work acceptable under the final certificate for payment stating that, to the best of his knowledge, information and belief, and the basis of his observations, the work has been completed in accordance with the terms and conditions of the contract documents, then the entire balance found to be due to the Contractor, and noted in said final certificate less amounts indicated above, is due and payable in accordance with the General Conditions. 1.07 CORRECTION OF WORK DURING GUARANTEE PERIOD .. A. Corrections: Where items on the Architect's "Punch List" have not been corrected prior to expiration of the specified guarantee period, it shall nevertheless be the responsibility of the Contractor to permanently correct said items after the specified guarantee period, and the Contract shall not be fully performed until such permanent corrections are made. " B. Guarantee Period: All corrective work performed by the Contractor in remedying defective work during the guarantee period following the Owner's acceptance of the project shall be subject to the same guarantee requirements of the original work for a y. period as specified for the original work, from the date of completion of the corrective work. Further, the Contractor shall pay to the City for the Architect the amounts noted in paragraph 1.06 for inspections to assure performance of remedial work in accordance with Contract Documents. Such payment shall be immediately reimbursed to the Architect upon receipt by the Contractor of an itemized billing. 1.08 PROJECT CLOSE-OUT PROCEDURES CHECKLIST: RESPONSIBILITY The contractor shall provide those OF. items so specified as his responsibility. Architect 1. Preliminary Punch List Owner 2. Beneficial Occupancy I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01700.doc 01700 PAGE 2 COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR PROJECT CLOSE-OUT SECTION 01700 a ar d. A. Im ar vm do an I:\Bill\CIP\Coulon Park Logboom\Project Manual\Division 1\01700.doc 01700 PAGE 3 40 COULON BEACH LOG BOOM REPAIR am AND TRANSIENT MOORAGE REPAIR PROJECT CLOSE-OUT SECTION 01700 RESPONSIBILITY The contractor shall provide the OF. items so specified as his responsibility. Owner 3. Beneficial Occupancy or Final ,. Contractor 4. Acceptance, accept responsibility for: a. Insurance b. Utilities Architect 5. Final Punch List Contractor 6. 100% Completion of Specification Requirements a. Clean-up b. Guarantees & Warranties C. Test Results d. As-Built Dwgs. by Contractor e. Maintenance & Instruction Manuals f. Keying Schedules Contractor 7. Final Billing/100% (all items complete) Contractor 8. State Tax Release & Certificate of Payment of B&O Tax. Contractor 9. Intent to pay Labor and Industries a. Applied for by Contractor on b. Received on Architect 10. Acceptance of Work Letter Owner 11. City Council Final Acceptance Owner 12. Final Acceptance Letter (identifying warranty date) Owner 13. Lien Documentatin-45 days after Final Acceptance a. Certification of No Liens Contractor 14. Cert. of Occupancy issued by Permit Agency Contractor 15. Final Affidavit of Wages Paid Contractor 16. Dept. of Labor& Industries a. Insurance Release b. Workman's Compensation Release I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01700.doc 01700 PAGE 4 COULON BEACH LOG BOOM REPAIR Wo AND TRANSIENT MOORAGE REPAIR PROJECT CLOSE-OUT SECTION 01700 4M d+ RESPONSIBILITY The contractor shall provide the OF: items so specified as his responsibility. Contractor 17. Affidavit of Payment of Debts and Claims (AIA G706) 40 Contractor 18. Affidavit of Release of Liens (AIA G706A) r Contractor 19. Certificate of State Sales Taxes Paid Contractor 20. Consent of Surety to Final Payment ( AIA G707) Owner 21. Notice of Completion & Acceptance (Exec. Sig.) Owner 22. Processing of Retainage Payment begins a minimum of 45 days following date of Final Acceptance a. After Certification of Compliance is filed b. After Release from State Dept of Labor& Industries c. After Release from State �. Employment Security Dept d. After Release from State Dept of Revenue e. After Receipt of all approved Affidavit Wages Paid from Contractor 1.09 CERTIFICATE OF COMPLIANCE A. No final payment shall be made until the Contractor shall file with the City of Renton prior to acceptance of the work, a Certification of Compliance and release of liens in forms substantially as follows: 1. 1 (we) hereby certify that all work has been performed and materials supplied in accordance with the plans, specifications and contract documents for theCoulon Beach Log Boom Repair and Transient Moorage Repair, and that: d. (a) Not less than the prevailing rates of wages as ascertained by the governing body of the contracting agency has been paid to laborers, workmen and mechanics employed on this work; I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01700.doc T_ 01700 PAGE 5 r COULON BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR PROJECT CLOSE-OUT SECTION 01700 (b) There have been no unauthorized substitutions of subcontractor; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the Architect prior to the start of such subcontracted work; (c) No subcontract was assigned or transferred or performed by any �„ subcontractor other than the original subcontractor, without prior notice having been submitted to the Architect together with the names of all subcontractors; (d) All claims for material and labor and other services performed in connection with the contract documents have been paid; and for those claims for which liens have been filed, a release of lien has been filed with the Owner; (e) All moneys due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund, the State Department of Revenue, hospital associations and/or others have been paid; (f) The nature and source of all off-shore items in excess of Two Thousand Five Hundred Dollars ($2,500.00) utilized in the performance of this project have been reported; .� (g) All provisions of nondiscrimination as called for in the contract documents have been complied with. 1.10 FINAL APPLICATION FOR PAYMENT A. Submit final Application for Payment in accordance with procedures and requirements of Owner. 1. Submit"Affidavit of Wages Paid" from Contractor and all subcontractors. 2. Lien waiver from General Contractor for entire contract. 3. Proof of Payment of taxes from the State Dept of Revenue END OF SECTION 4W I:\Bill\CIP\Coulon Park Log boom\Project Manual\Division 1\01700.doc 01700 PAGE 6 r COULON BEACH PARK ow SITE DEMOLITION SECTION 02050 Im PART 1 —GENERAL 1.01 Summary to A. Where the plans call for demolition of an item, the item shall be completely removed from the site and disposed of in a legal manner. 40 B. Work specified in this section includes, but is not limited to, the following: 1. Demolition and removal of existing Hinge Assemblies 2. Demolition and removal of existing Boom Chain and Attachments Im 3. Demolition and removal of Timber Piles 4. Proper disposal of all permanently removed materials. As C. The other contract documents complement the work of this section. D. Requirements of the General and Special Conditions and Division 1 apply to the work of this section. a. 1.02 Related sections Coordinate all work with other Sections of the Project Manual, and adhere to pertinent is section of the references in 1.03 and the general notes on the contract drawings. 1.03 references A. WSDOT-APWA, M41-10: 2002 Standard Specifications for Road, Bridge, and Municipal Construction. as 1.04 PERMITS Permits, fees and inspections are to be obtained by the Contractor, at no additional cost to the Owner. 40 1.05 SUBMITTALS A. Submit demolition procedures and operational sequence. Include permits for transport and disposal of debris. A. B. In accordance with Division 1, submit as-built record drawings indicating locations of utility lines and related appurtenances. 4M 1.06 DIMENSIONS AND LAYOUT A. The Contractor is responsible for review of Owner's records relative to the existing utilities. The Contractor is responsible to avoid damaging existing facilities and shall repair all damaged utilities at no cost to the Owner. .,,. B. The Contractor is to notify the Owner's representative immediately of any utilities encountered which are not shown on the Owner's record. IWA as 2004-??? 02050 PAGE 1 err COULON BEACH PARK am SITE DEMOLITION SECTION 02050 40 1.07 SEQUENCING AND SCHEDULING A. Sequence and schedule the work of this Section with other work of this contract. do B. Existing utilities must remain in service at all times. ,r. PART 2 — PRODUCTS Not used. PART 3— EXECUTION 3.01 EXAMINATION A. Demolition shall be as required for the installation of contract work. The Contractor shall be responsible for protection and proper storage of materials. All costs associated with replacement of damaged materials shall be at no cost to the Owner. B. Promptly remove and dispose, in a legal manner, demolished materials. Stockpiling that does not meet grading, safety and health requirements of applicable codes, creates a nuisance problem, or poses a threat to public or private properties will not be allowed. gar 3.02 EROSION/POLLUTION CONTROL Required erosion/pollution control facilities in accordance with the attached permits shall be in place prior to beginning the work of this section. 3.03 SCHEDULES A. Removal of structures and obstructions shall be in accordance with WSDOT- APWA Section 2-02. 3.04 CALL BEFORE YOU DIG Contractors are responsible for timely advance notification to utility owners and locator service for any construction in right-of-way or utility easements. The utilities one-call Underground Location Center phone number is 1-800-424-5555. A minimum of two working days (48 hours) advance notice is required. 3.05 CLEAN-UP A. Upon completion of the work of this section, remove rubbish, trash, and debris resulting from operations. .. B. Remove equipment and tools; leave site in a neat and orderly condition. END OF SECTION 2004-??? 02050 PAGE 2 �. COULON BEACH PARK METAL FABRICATIONS SECTION 05500 PART 1 — GENERAL 1.01 Summary A. Where the plans call for steel items, the items shall be as shown on the contract drawings or as required by the references in 1.03. B. Work specified in this section includes, but is not limited to, the following: 1. Hinge Assemblies 2. Pile Repairs 3. Boom Connection Repairs C. The other contract documents complement the work of this section. D. Requirements of the General and Special Conditions and Division 1 apply to the work of this section. 1.02 Related sections Coordinate all work with other Sections of the Project Manual, and adhere to pertinent section of the references in 1.03 and the general notes on the contract drawings. More specifically, as a minimum, this work shall comply with Section 6-03 of the WSDOT Standard Specifications of 1.03. 1.03 references A. WSDOT-APWA, M41-10: 2002 Standard Specifications for Road, Bridge, and Municipal Construction. 1.06 SUBMITTALS A. General: Submit the following according to the Conditions of the Contract and Division 1 specification sections. B. Product data including, but not limited, to the following: 1. Material Certifications 2. Welding Certifciations for Welders low 1.07 SEQUENCING AND SCHEDULING A. Sequence and schedule the work of this Section with other work of this contract. PART 2 — PRODUCTS 2.01 MATERIALS Materials for Metal Fabrications shall be as shown on the contract drawings. PART 3 — EXECUTION d` 3.01 EXAMINATION Investigate and verify existing conditions are adequate for Metal Fabrication installation. A. go 2004-??? 05500 PAGE 1 do COULON BEACH PARK am METAL FABRICATIONS SECTION 05500 AN END OF SECTION do go so Aw AN .m as aw ma am rr go 2004-??? 05500 PAGE 2 BIDDER'S BREAKDOWN OF TOTAL BID AMOUNT The following breakdown of the Total Bid Amount is to be given. The price breakdown low shall be fairly apportioned to the various parts of the work and shall meet with the Contracting Agency's approval. If so requested by the Contracting Agency, the Successful Bidder shall substantiate any price or prices with additional detailed price ,, breakdown. Any discrepancy between the written Total Bid Amount stated in the preceding TOTAL BID AMOUNT and the arithmetic total of the components hereinafter set forth, shall be grounds for rejection of the bid Im BASE BID SCHEDULE wo ITEM APPROX. NAME OF PAY ITEM WITH UNIT PRICE AMOUNT NO. QUANTITY UNIT BID PRICE WRITTEN IN AN WORDS DOLLARS CENTS DOLLARS CENTS 1 ALL REQ'D Boom Connection Repair: LUMP SUM s Lump Sum 2 ALL REQ'D Pile Repair: LUMP SUM .r Lump Sum �r Lump Sum AW Lump Sum Lump Sum Lump Sum wr SUBTOTAL AMOUNT OF COMPONENTS STATE OF WASHINGTON SALES TAX .. TOTAL AMOUNT OF BASE BID TOTAL BID AMOUNT IN WORDS ADDITIVE BID SCHEDULE ITEM APPROX. NAME OF PAY ITEM WITH UNIT PRICE AMOUNT NO. QUANTITY UNIT BID PRICE WRITTEN IN WORDS DOLLARS CENTS DOLLARS CENTS A ALL REQ'D Replace Hinges: LUMP SUM ur Lump Sum Lump Sum Lump Sum Aw ari Lump Sum Lump Sum arr Lump Sum SUBTOTAL AMOUNT OF COMPONENTS STATE OF WASHINGTON SALES TAX 4w go ITEM I —BOOM CONNECTION REPAIR A. Description The work under this item shall consist of all labor, materials, tools and equipment necessary to supply and install the Boom Connection Repair components and attachments as shown on the plans. This shall include, but is not limited to the following: 1. Removal of existing chain and bolts 2. Installation of new bolts 3. Installation of new chain and connection elements 4. Connection to Piles ago ITEM 2 —PILE REPAIR A. Description N The work under this item shall consist of all labor, materials, tools and equipment necessary to supply and install the Pile Repair and attachments as shown on the plans. No This shall include,but is not limited to the following: 1. Removal of a portion of the existing Timber Pile 4W 2. Installation of Pipe Repair Sleeve and attachments. Mo am AW 4M ADDITIVE ITEM A—REPLACE HINGES A. Description The additive amount for work under this item shall consist of all labor, materials, tools and equipment necessary to supply and install the new Hinge Assemblies and attachments as shown on the plans. This shall include, but is not limited to the following: 1. Removal of existing Hinge Assemblies 2. Removal of existing Connection pieces 3. Installation of new Hinge Assemblies 4. Field Welding '� 5. Repair of Galvanizing 4M 40 MW low dw 4M #. 40 do Y .. 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S P1 n a -� A 70 E 0 a, p1 o h (D IMF C ur 0 91 Q TI d o tD 9 ' — G - ;3 m m n CP Ch p C r N �D �M cp 0 M p 0 ' z m � r 00 3 S _ o•• 0 o 0 CO 7 CD N m r' � v n 0 M ,., o s rt O m � o CL @ m m c c n • O m y C CD Ca n O 7 s N -b ° ` O o o 0 0 0° a g o o o° O n CO =� (n W N Cn m (A � (n -a S R rn x ID > � w m c CD r b m �? `�° m o � � m a n m 6C j2: W ,�, G7 rQv m w c �' co) a N p m � A _ O m v Go w N o W � Ch O Q Q. CA V1 -0 fn (n a] U) Z1 fA 07 m x A w nmi w `�° ofDi � e- m D w `°= m � 01 n m O O 0 O m O O CD co co (D O cD (D O O Oa WO N 0 CO v 0 W 0 Cb Ou W Oa O O A O O O O N cn O O p CA ►j p A O O CA O A CO Gn -1 CO GCS N A CA Ql N N Ch N N Ch N A N Jy A N N N 0 rn W Qcl� � O N N N W O Ch N -4 = N W V CD N Ch m CO Ch N N 0 W O A Co Cn W .l A A Ca i A � A W O Z A -I A CO N A W O N o N O co N y W W A O cD -4 m< I I -' O A. W b N W O Oa W O N m N m n N N Ch N N Ch N A N A N N N IV N W N m N -4 N N co (D W -n o N (M CO W A O N N N y ( ca D N N N w V 6 Ch W W a JV 4 j Cv fl W W A CA (D O N 0 -4 W A ` , E00/E00� 20AS wwoa uoqu@u ;0 A410 E0990E9SZ9 xva 6Z ;6 nHi 9002/BZ/60 a i5 Addendum Number 01 CITY OF RENTON Project: GENE C WLON MEMORIAL BEACH LOG BOOM REPAIR AND TRANSIENT MOORAGE REPAIR Project Date September 20, 2006 Project Location 1201 Lake Washington Blvd. N., Renton, WA 98056 Architects Project Number Owner/Client Bill Rasmussen (City of Renton) To: Bidding General Contractors Attention Bill Rasmussen, CIP Coordinator Address CIP Division, 1055 South Grady Way city Renton State WA zip 98057 Delivered via: ❑ Messenger❑ Hand carried❑ Facsimile F1 Express❑ Pick-up E-mail Address ®Mail❑UPS❑Website Address www.ci.renton.wa.us This Addendum will become part of the Contract Documents. The Contractor shall promptly inform subcontractors and all others performing or supplying any of the Work of all relevant contents of this Addendum. In case of conflicting provisions with previous addenda or communications, provisions in this Addendum supersede only those conflicting issues. It is the responsibility of the Contractor to notify all subcontractors from whom it accepts bids of all changes in the drawings and specifications covering this project. Receipt shall be acknowledged by inserting the addendum number and its date in the bid form. Distribution Plan holders Prepared by City of Renton by: Kimberly Dodds Date Signed September 20, 2006 Instructions/Description/References/Dates The following are questions and clarifications(in bold italic)that relate to the development of budgets and pricing; Drawing, page 8 of 8, was missing in original project manual and must be included. I:\Bill\CIP\Coulon Park Log boom\Project Manual\Addendum 1 to Project Manual.doc co ► 6 _oo d � Z= G § 8 W J 8 LL M Y W OZ W CL �O w a ml VO � $� V k �H ? o -r Egg gWEgg D=LLs LQ tni=T ° a=aI e� g 3i Jig L 82s gig �� * �`05' W ~� =W €�< ° _ gym=< Q � ga F w6 t2pi a ='g -� ON �� io a° "wig awe �gr$py° v °a OVA gal s 3 ° s-w em`so as \wa wore 03 to uo"O solrys�a TM AW f Document A201 - 1991 general Conditions of the Contract for Construction for the following PROJECT: (Name and location or address): blank documents THE OWNER:, ADDITIONS AND DELETIONS: (Name and address): The author of this document has err added information needed for its completion.The author may also have revised the text of the 1 HRCH `ECT�, original AIA standard form.An s ( address): Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. TALE OFAf�TICLES A vertical line in the left margin of this document indicates where OVISIONC the author has added necessary information and where the author '2 OYVNER' has added to or deleted from the original AIA text. r 3' CONTRACTOR':' This document has important legal consequences. 4 ADMIN1!STAATIbN,t: F THE CONTRACT Consultation with an attorney r ` is encouraged with respect to 5" SUBCONTRACTORS its completion or modification. 61 � IWSTRJCTON BY OWNER OR BY SEPARATE CONTRACTORS This document has been aw approved and endorsed by The Associated General Contractors 7' GNANGES IN THE:W4?,RK- of America fl TIME 9 PAYMENT, Sd'CQMPLETION '"10' PRgTZCTION OF PERSONS AND PROPERTY 11 1NSI'ffAN� AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 1 . MISCELLANEOUS PROVISIONS .r 4 TEftI4Nl'NATION OR SUSPENSION OF THE CONTRACT AIA Document A201TM—1997.Copyr':1ht ©19,1,1915,1918,1925,1937,1951,1958,1961,1963,196E.i,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penaities,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. r User Notes: (3552668520) Ma 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 ar 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 95.1, 10.21.5,13.4,2,1'13,,: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 ■ 1.1.1,3.1 Architect's Interpretations Additional Costs„Claimsnr 4.2.11,4.2.12,4.3.6 4,i 6 6 1 ` Architect's Project Representative Additional Insptons atad Testing 4.2.10 Architect's Relationship with Contractor Additional"Iime,"Cla2ms 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, 4,4,33, 3.7.3,3.10,3.11,3.12, 3.16,3.18,4.1.2,4.1.3,4.2, ► AI MINISTR i ON Of,s H 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, 9.4,9.5- 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, �1dvatisement or ivid n to Bid 13.4.2, 13.5 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.$ 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, 11>4'1.1 13.5 !>,pplications for"Payment Asbestos s 4.2.5,7.3.8,92, 3,,9A 95.1,9b.3;9.7.1,9.8.5, 10.3.1 9.1 0 11.1:3, 14.2y4 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� "3b 932,43.4.2, 13.5 Award of Separate Contracts Arbitration 6.1.1,6.1.2 x:3;3,4.4,4.5.1,4.5.4'4.6, 83.1,"9.7.1, 11.4.9, Award of Subcontracts and Other Contracts for 11".410 x Portions of the Work Architect 5.2 4.1 Basic Definitions Architect;,DeAnition of 1.1 Bidding Requirements Architect,'EXt6itp'f,7 uthority 1.1.1, 1.1.7,5.2.1, 11.5.1 244'3.12.7,4 2,4";,J1`1'41;,4.4,5.2,6.3,7.1.2,7.3.6,7.4, Boiler and Machinery Insurance ■r 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 :13.5.2,"14,2.2, 14.2.4 Bonds,Lien t, of Authority and 9.10.2 sponsxbxt Bonds,Performance,and Payment 2.11,”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 4.2.7,4.2.10,4.2.12,4.2.13,4.4, 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 rr AIA Document A201 TM—1997.Copyright ®19'f,1915 ,1918,1925,1937,1951,1958,1961,1963,1966,',-,967,19i�0,1976,1987 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 AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. its User Notes: (3552668520) 9.8.3,9.8.4,9.8.5 1.6.1,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6.4, Certificates for Payment 4.6.6,9.6.4, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 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, 1149;1,2.1.2 SEPARATE CONTRACTORS 4M '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 bo iation,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 Clan :and Dis,06tes 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 fi,fi: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 Cleans and Timely Asserttoinf Claims Continuing Contract Performance 4:6.5 4.3.3 + Claims for AdditonaLCc►st , Contract,Definition of 3.2.3,4.x.4,.4.3:5;43:16,15.1N1;7.3.8, 10.3.2 1.1.2 Claimsfor Additi6ilWi ixne," CONTRACT,TERMINATION OR �. 3.2;:3,4.3.4,4.3.1 J; 1.1;$3 2,;10.3.2 SUSPENSION OF THE Claims10r,Conceal.q&bi,tjo own Conditions 5.4.1.1, 11.4.9, 14 4.3A; Contract Administration Claims for Damages 3.1.3,4,9.4,9.5 3.2.3,118,4.3.10,,64 1 J,:8.3.3,9.5.1,9.6.7, 10.3.3, Contract Award and Execution,Conditions Relating I LL 11 1 11:4.5, 11,4 7, 14:1.3 14.2.4 to Cwms Subject to Arbitration 3.7.1,3.10,5.2,6.1, 11.1.3, 11.4.6, 11.5.1 4:4s 1,4.5.,1;;.,4..6.1 Contract Documents,The • Cleaning;Vp 3:15,:6.3 Contract Documents,Copies Furnished and Use of Commencement of Statutory]U m>tatton Period 1.6,2.2.5,5.3 13.71 , x Contract Documents,Definition of Commencement,of the;,"Work,K 0ndtfinns 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 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,pefnition of Contract Sum,Definition of $.1.2 9.1 Cpmmunicntions:f'acilitating 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 1.6.1,3A.1,:3.l 1,:,3.15,4.2.2,4.2.9, 8.2,9.4.2,9.8, 8.1.1 9.9.1,9;10;x2.2,13.7, 14.1.2 CONTRACTOR COMPLE . ON PAYMENTS AND 3 " " A.." 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 AN' AIA Document A201 Tm—1997.Copyrigh,.0 1911;1915;1918,1925,1937;1951,1958;1961,1963,1966,1C47,1970',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. 3 Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. im User Notes: (3552668520) 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•i< 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 �r. 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 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.Rtlationship with the Architect Damages for Delay 1.6,3.1.3,3.2.1,3:2.2, 3.2.3,3.3.1,3.4.2,3.5.1, 6.1.1,8.3.3,9.5.1.6,9.7, 10.3.2 33.3,3.10;3.11,3.12,3:16,3.18, 4.1.2,4.1.3,4.2, Date of Commencement of the Work,Definition of 4.3.4,4.4:1,4.4.7,5.2,642.2,7, 8.3.1,9.2,9.3,9.4, 8.1.2 9.5,9.7,9$;9:-9, 10.2.6;110:3 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 ""'J.5.2,,3 5.:1;3.12,x,6.2.2„8.2.1(,9.3.3,9.8.2 8.1.4 Contractr'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, 31-12,3,1%4 2:3,4.3:8,53:1,6.1.3,6.2,6.3,9.5.1, 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3, 8.3.1,9.2,9.4, 1fl` 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 ,;Coptract0r'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 Contrataor's"Right to Stnp the Work Defective or Nonconforming Work,Acceptance, Rejection and Correction of Contraclorc 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 Coniractor's Submittals Defective Work,Definition of 3.10,3.'1"1",'3".12,4 2 7',5:2`:'1,5.2.3,7.3.6,9.2,9.3, 3.5.1 "942,9.8.3,9.9.1, 9.1,0.21'9.10.3, 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, 30.2.6 ' 4.3.1,5.1,6.1.2,7.2.1, 7.3.1, 7.3.6,8.1, 9.1,9.8.1 Supervision and Construction Delays and Extensions of Time ,rr Proceduteg<"" 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.,2.2,3.3,34;."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 6.2.4-7.1.3,7.3.4,7.3.6,8.2,..1,0,.12*14 a Disputes Coritraeto .ialzility Instrnce" 4.1.4,4.3,4.4,4.5,4.6,6.3,7.3.8 11`2, 3 Documents and Samples at the Site .Coordination and Correlation 3.11 "1.2,:1.5.2,3,3.1,3.104 3 12,6;6.1.3,6.2.1 Drawings,Definition of Copies Furnished ofDrawirtgs;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 L6,3.17 Effective Date of Insurance Correction.of'Wor1 8.2.2, 11.1.2 2.3,'2.4, 3.7:4;4.2;1;9.x.2,9.8.2,9.8.3,9.9.1, 12.1.2, Emergencies err 12.2, 13.7.1.3 4.3.5, 10.6, 14.1.1.2 Correlation,aud;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, �er<Asti Defiton,lf 11.:1.1, 11.4.79 14.1, 14.2.1.1 7.16: _ Equipment,Labor,Materials and 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,�J)1911,1915,1918,1925,1937,.1951;1958,1961,1963,1966,19t,.',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 AIO Document,or.any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/1812004 under Order No.1000 117582_1 which expires on 5/10/2005,and is not for resale. air User Notes: (3552668520) r 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 . " $.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,"4,312, 9.8.2.,9.10, 11.1.2, 11.1.3, 11.4.1, Insurance Companies,Settlement with r 1T4.5, 12.11,,0.7, 142A, 14.4.3 11.4.10 Financial.Arrangements,Owner's Intent of the Contract Documents 2.2.1, 132-: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 13.6 GENERA;PROVISIONS' Interpretation .ri 1.2.3, 1.4,4.1.1,4.3.1,5.1,6.1.2, 8.1.4 me Go Interpretations,Written 1"3* 4.2.11,4.2.12,4.3.6 Guarantees(See Warranty) Joinder and Consolidation of Claims Required iazardous, terials 4.6.4 rrr 10:2 4 10: , 1�5 - Judgment on Final Award 4dent4fication='of Contraet".Documents 4.6.6 1.5.1 Labor and Materials,Equipment Identification of'Subcontractoxs 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, 42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3, 9.5.1.3, Inde� t;on 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 11.4.1.2, 11.4.7 Labor Disputes ++a 11nfbrntiition and Services Required of the Owner 8.3.1 ,1.2*21 3.2;1,3,12.4;3..12:10,4.2.7,4.3.3,6.1.3, Laws and Regulations 61.4,6.2.5;-9:3:2,"9:6.1;"9'.6.4,9 9 2,��1>,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, r ' 13.5.2, 14.1.1.4;:1414 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 'Injury+ar:�ge to person or Property 13.5.2, 13.6, 14 Liens nsp "%ins 2.1.2,4.4.8,8.2.2,9.3.3,9.10 3;7.1,4.2.2,4 -4;2:x,9?1: ,9.8.2, Limitation on Consolidation or Joinder 3 9,92 ;9.1{1'1, 12.2.1;'135." 4.6.4 as actions'to Bidders Limitations,Statutes of arr 1. •'i. 4.6.3, 12.2.6, 13.7 JI Instructions to,-,the Co>waptor Limitations of Liability 3.2.3 ;3.3.1, 3.8.1,4.2.8,'"5.14,"7, 1'2, 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, In 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4, 9.6.7, 9.10.4, do 3;18.1 6 1 1 7 3,6,.$.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 9:1Q.5, 11 " Limitations of Time Insurance,Boiier"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, z 1sura4ee,C�>atractor'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, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, Insur 00e1ffItclive Date of 13.7, 14 2, 1112;` Loss of Use Insurance surauce,,Toss of Use 11.43 11.4.3 Material Suppliers r 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 C-�1911,1915,1918,1925;1937;1351,1958,1961,1963,1966,196'. 1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA* Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution.of this AIA!Document,or any portion of it,may result in severe"civil and criminal penalties;and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. ar User Notes: (3552668520) AW 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 LI.1,3.128,4.2.8 43.•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,Definirion of - Owner's Right to Clean Up 6.3 Atodificatians tome Contcaet, Owner's Right to Perform Construction and to I.41;,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,z4"1 6.1 Mutual Res nsibilit y P� Owner's Right to Stop the Work 6.2°' 2.3 Nonconforming"Work,Ato�ptance of Owner's Right to Suspend the Work rr 9.6.6,9.9.3, 12.3 14.3 1*lonconforming Worlr; section 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 Ownership and Use of Drawings,Specifications Notice' and Other Instruments of Service 2.2.1,23;2.4, 3.2.3,,3:3,1:3:7.2,3.7.4,3.12.9,4.3, 1.1.1, 1.6,2.2.5,3.2.1, 3.11.1,3.17.1,4.2.12,5.3 4.41,4'6.5,5.2.1,"S.12,93,9.10, 10.2.2, 11.1.3, Partial Occupancy or Use AIR 11AA 2:2.2, 12.2.4, 133, 13.5.1, 13.5.2, 14.1, 14.2 9.6.6,9.9, 11.4.1.5 Notice,Written Patching,Cutting and 23,X2.4, 3.3.11, 3.9;11.1,2191:3.12.1014- ,4:4.8,4.6.5, 3.14,6.2.5 5.2;1,8.2 -9.7,9.10, 10.2.2, 10:3;" 13.1:3, 11.4.6, Patents er 12.2.2,-12:2.4II.J 44 3.17 Notice of Tesong,and Inspections Payment,Applications for 13.5`:4;43.5.2 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, ,rr Notccta Proceed 9.10.1,9.10.3,9.10.5, 11.1.3, 14.2.4, 14.4.3 t2,2 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,Con"'i6tor's Payment,Failure of 1.5.2,;3.2,3.7.3,4.34'' 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 9.6.6,9:8, 11.4.1.5 4.2.1,4.2.9,4.3.2,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, Orders,Written 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 1.1:1, 2.3, 3.9;4-3-6,'7,8.2.2, 11.4.9, 12.1, 12.2, Payment Bond,Performance Bond and �r 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,"Ocfinitioll of PAYMENTS AND COMPLETION 2.1 9 :Owner,Wormation 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 A201"'—1997.Copyright ©,911,1915,1918,1925,'1937,1951, 1958,1961,1963,1966,1967,'"970,1976,1987 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. 6 Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 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 AM 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 rr 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 4.2.2,433,-8.2,9.8;9;3.1,14.1.4 10.2,10.6 s Progress Payments Safety Precautions and Programs 4.3.3,41%6 9"8 5";<9.1 .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,Defini6on'Of the Samples,Definition of 1.1.4 3.12.3 �. Project'Management=Protective Liability Samples,Shop Drawings,Product Data and Insurance 3.11,3.12,4.2.7 113 Samples at the Site,Documents and rr Project Manual,Definition of the 3.11 1.1.7 Schedule of Values ProjecuManuals 9.2,9.3.1 2.2x5 Schedules, �r 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 .r 10.2.51,11A 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6, 8.3.1, PROTTRCTION OF"PERSONS AND PROPERTY 11.4.7, 12.1.2, 12.2.5 10`' Shop Drawings,Definition of Regulations and Laws 3.12.1 rr 1.6,3.2.2,3.6;33y.1-12 .10,113;4.I.1,4.4.8,4.6, Shop Drawings,Product Data and Samples 9-64,9.9"1' 14.2.2,11":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 3.5.1,4.1.4i 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 rr 9.10.Z 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 1.5.2,3.5.1,3.12.6,6,211,41 11 9:3.3,9.4.2,9.5.1, Special Inspections and Testing 9.8.2,9.101:1 4.2.6, 12.2.1, 13.5 Representatives, Specifications,Definition of the 2.1.1,3.1.1,3.91 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 4.4,4.5,44 Statute of Limitations Responsibility for Those Performing the Work 4.6.3, 12.2.6, 13.7 3.3,2,3:1:8,4:23;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 r AIA Document A201 rm—1997.Copyright ©1 S' 1,1915; i918,1925,1937 1951;1958,1961,1963,1966,1967,1 t-L'0,1976,'1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AW Document is protected by U.S.Copyright Law and International Treaties. 7 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 15:08:04 on 08/18/2004 under Order No.1 000117582—1 which expires on 5/10/2005,and is not for resale. so User Notes: (3552668520) 1.. 5 TERMINATION OR SUSPENSION OF THE Subcontractors,Work by CONTRACT Aw 1.2.2,3.3:2,3.12.1,4.2.3,5.2.3, 5.3,5.4,9.3.1.2, 14 9.6.7 Tests and Inspections Subcontractual Relations 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 5.3,5.4,9.3.1.2,9.6,9.10 10.2.1,11.4.7,11.4.8, 14.1, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5 14.2.1,14.3.2 TIME Submittals 8 1.6,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2, Time,Delays and Extensions of 9.3,9.8,9.9.1,9.10.2,9.10.3, 11.1.3 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3, 7.2.1,7.3.1, 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, 11.4.51 11.4.7 Time Limits +rr 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,$:13, 8.2.3,19.4.2,9.8,9.9.1,9.10.3, 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4, 6.2.4, 7.3,7.4, 9.10.4.2,12.21'13.7 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 5.23,5.14 4.3.2,4.3.4,4.3.8,4.4,4.5,4.6 Substitution of Architect"? Title to Work 41:3 9.3.2,9.3.3 Substitutiona,of Mate>nals UNCOVERING AND CORRECTION OF 3.4.2,3.5Y1•,7.3.7 WORK Ae 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 +� 3.9,10.2:6' Use of Documents Supervision.and Construction Procedures 1.1.1, 1.6, 2.2.5,3.12.6,5.3 1.2.2,3.3,3.4,3.12.1014.2.2,4.23',;' W,6.1.3,6.1.3, Use of Site 6.2.4,7.1.3,7.3.6,8.2,8.3.1,9.4.2, 10,";1`2, 14 3.13,6.1.1,6.2.1 Surety Values,Schedule of 4.4.7,5.4.1:2,948,5,9:10.2,9.10.3, 14.2.2 9.2,9.3.1 Surety,Consenf"of Waiver of Claims by the Architect ter" " 9.1'U.2;`9.14.3 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 rr °Suspension by the Otvner'f6r 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 4.3.6,5.4.1:1, 11.4.:9, 14 Waiver of Liens Taxes 9.10.2,9.10.4 3.6,3.8.2.1,7.3.6.4 Waivers of Subrogation Termination,by the Contractor 6.1.1, 11.4.5,11.4.7 3A,11,14 Warranty 'Ternunatiota"bj the Owner for Cause 3.5,4.2.9;43.53,9.3.3,9.8.4,9.9.1,9.10.4, 12.2.2, 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 A201 TM=1997.Copyright ©1911;:i 915,1913,1925,1937,1951,1958,1961,1963,1966,1967,1970;1 976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and international Treaties. $ Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. a+r User Notes: (3552668520) AM 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 4.111,4.2.12,4.3.6 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 war? +r. 40 oftes err" r s AIA Document A201TM—.1897.Copyright ©1911,1.515,1918,1925,-1937,1951,1958,1961;1963,1966,1967,1970,1'06,1987 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 AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was.produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. arr User Notes: (3552668520) 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 .r. 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 4W 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). �. §11.2 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 Contriot may be amended or modified only by a Modification.The Contract Documents shall not be Construed to crea*,A contractual relationship of any kind(1)between the Architect and Contractor,(2)between the Ownex-and a Spbeontractor or Sub-subcontractor,(3)between the Owner and Architect or(4)between any persons or entities other,1h-'an the Owner and Contractor.The Architect shall,however,be entitled to performance and a+. enforcement"ofobligations under the Contract intended to facilitate performance of the Architect's duties. §;i�A THS*O, RK,` The#erm""Work",means the construction and services required by the Contract Documents,whether completed or er 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 A 4 THE PR0,4EC7 aw The Project is the',",total construction of which the Work performed under the Contract Documents may be the whole or:avart and which'may;include construction by the Owner or by separate contractors. THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of.the Work,generally.includng plans,elevations,sections,details, schedules and diagrams. 1.6 TNEISPECIFICAT4.ONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment,systems,standards.and,,vorkmanship for the Work,and performance of related services. Aw §"1,,1.7.T.tIE PROJECT�MANUAI. TheTrcject Manual is a volume assembled for the Work which may include the bidding requirements,sample 40 'forms,Conditions ofthe;Contract and Specifications. §1.2°:CORRELATION AN6',]NTENT OF THE CONTRACT DOCUMENTS 1:x.1 The int'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 biidittg'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. §1.22 Or ganization 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 ©1911,19'5,1918;1925,1937,1951,1958,•1961, 1963,1966,1967,1970,19x6,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAO Document is protected by U.S.Copyright Law and International Treaties. 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 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §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. AIM §'1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally f. liar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. .r §'1.6 OWNERSHIP;AND USEDF DRAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE §1,6.1 The Drawings,Specifications and other documents,including those in electronic form,prepared by the 411111 Architect and the Architects 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 r 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 .w 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 orforadditions to this Project outside the scope of the Work without the specific written consent of the ar Owner,Architect and the tlrehitect'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;Architeot 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 copyrightnotice,if any,shown on the Drawings,Specifications and other documents prepared by the Architect and the. 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 .r or Architect's consultants'copyrights;ne 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 0ivner'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. aM §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 rr AIA Document A20170—1997.Copyright ©1911,191,,,'1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,197?-;1987 and 1997 by The> American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and international Treaties. 1 Unauthorized reproduction or distribution of this AEA* Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/1812004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 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 40 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 Owners control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. §2.2.3 Unless otherwise provided in the Contract Documents,the Contractor will be furnished,free of charge,such ar copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. §13 OWNER'S RIGHTT0 STOP THE WORK §2.3.1 If the Contractor fails4o correct Work which is not in accordance with the requirements of the Contract err Documents as.required bk,Sect on 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 onthe,part of the.Ownert' exercise this right for the benefit of the Contractor or any other person or entity, r except to-the extent required by Section 6.1.3. §2.4 OWNER'S RIGHT TO CARRY OUT THE WORK ■ §2;x.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 diliigenc and promptness,the Owner may after such seven-day period give the do 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 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 do reasonable'Cost.of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services[Wade neeessaz`y;:,y'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. ar §3,1;2 The Contractor shall perform the Work in accordance with the Contract Documents. §3.1.3 The Contractor shall not be relieved of obligations to perform the Worn 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 srrl 'AIA Document A201 T"'—1997.Copyright ©1911,1915,';1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976;'1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. �Z Unauthorized reproduction or distribution of this AIRS Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 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 4. Contractor shalt be reported promptly to the Architect. 112.3 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 shalt 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'`ifthe 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 41.3.1 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 ..r 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 with4hat 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. r §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. r §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 LABORAND MATERIALS §3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery, water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. §3.4.27he 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 A201 TM—1997.Copyright ©1911,1915,1918,1925;1937;1951,1958,1961,1963,1966,1967,1970.1976,$987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties. �3 Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §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 �r. 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. it §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 whenbids are received or negotiations concluded. rr §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.T3 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. §,,31.4 If the Contractor performs Work knowing it to be contrary to laws,,statutes,ordinances,building codes,and rules,and regulations withoutsuch notice to the Architect and Owner,the Contractor shall assume appropriate responsibility for�such Work and shall bear the costs attributable to correction. § 348 ALLO.W.ANCE$ " §3.8.1"The Oonttetorshall 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 allowancesahall cover the cost to the Contractor of materials and equipment delivered at the site and all regtired 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,inthe 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 4W" in the Work,. §3.9 SUPERINTENDENT §3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance �r 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 aYlf AIA Document A201TM—1997.Copyright ©1911,1915,191:}s,1925,',937,1951,1958,-1961,1963,T966,1967,1970,1976,196/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. 14 Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. am User Notes: (3552668520) 4M 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 arr submittals. §3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. ar. §3.11 DOCUMENTS AND SAMPLES AT THE SITE §3.11.11be 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 Dravt%ings 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 �r 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 AM 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 forthose portions of the Work for which submittals are required by the Contract +n Documents the way by whiolithe Contractor 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'ShopcDr-a t+ings,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. §112,6$y-approving and submitting Shop Drawings, Product Data,Samples and similar submittals, the Contractor represents.thatthe Contractor has determined and verified materials, field measurements and field construction Aw 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 s AIA Document A201 TM—1997.Copyright ©1911,1915,1918;',i 925,193.7,1951,1958,1961,1963,1.966,1967,1970,1976,1987^.3nd 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAa Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA* Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. ar User Notes: (3552668520) §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 .ti. 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 ar 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,°Atop Drawings and other submittals prepared by such professional. Shop Drawings err and other submittals related°to the Work designed or certified by such professional,if prepared by others, shall bear such.professioaal'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 tthe Owner and Architect have specified to the Contractor all performance and design 4W design that such services"=mustsatisfy.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 s 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 nofunreasonably 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 fogether.properly. WW §1.14.2 The Contractor'shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner yr separate contractors by cutting,patching or otherwise altering such construction,or by excavation. The Contractorshall"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 TheContractor 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 abou4t1 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. rr AIA Document A201711-1997.Copyright ©1911,1915,1918,.i 325,1937,1951,1958,1961,1963,1966,1967;1970,1976,1987 and 1997-by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIA& Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582—1 which expires on 5/10/2005,and is not for resale. are User Notes: (3552668520) AM §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 rr 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 (otherthan the Workitself),.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, .r regardless of whether or,riot 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 panty or person described in this Section 3.18. �r §3.1814n 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, ar. 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 OF4,HE.CONTRACT §A1 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 number.The term "Architect"nteazts the Architect or the Architect's authorized representative. Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shalfnot be restricted,.modified or extended without written consent of the Owner,Contractor and Architect. Consent shall not be unreasonably withheld. ,§4.1.3 If the employment of the Architect is terminated,the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. r §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=O•wner's representative(1)during construction,(2)until final payment is due and(3)with the Owner's concurrence,from time to time during the one-year period for correction of Work described in Section 12.2.The Architect.will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise!modified in writing in accordance with other provisions of the Contract. §4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations(1)to become generally familiar with and to keep the Owner informed about the progress and.quality of the portion of the Work completed,(2)to endeavor to guard the Owner against defects and 41A Document A201TM-11997.Copyright ©1911,1915,1918,19!5,1937;1951,1958,1961,1962,1966,'1967,1970,1976,1987 ar'vi 1997:byThe 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 A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be .17 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 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 4M 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 AM 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. sir §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. s §4:2:6 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. .r 4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the=Vgork in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated,installed or cotnpleted.'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. air §411 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 a� 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 �.r other details such as dimensitins and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of-whicb'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 3.3,345 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. l.r §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. §41.9 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 ar 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. 10 �,'JA Document A201TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963.-1966,1967,1970,1976,1987 and4997 by The American Institute of Architects. All rights reserved. WARNING:This AIA'� Document is protected by U.S.Copyright Law and International Treaties. $ Unauthorized reproduction or distribution of this AIA* Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) as §4.2.11 The Architect will interpret and decide matters concerning performance under and requirements of, the AN 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 AN such interpretations until 15 days after written request is made for them. §1.4.2.12 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 Claimis 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 40 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 riseto such Claimor 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 physicalconditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents;then notice by the observing party shall be given to the other party promptly before conditions are disturbed:andJn 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,ox time required for,performance:ofany 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 sv notify,the Owner and Contractor in writing, stating the reasons.Claims by either party in opposition to suchdetermination 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. WM §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 Clflirns relating to an emergency endangering life or property arising under Section 10.6. §4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to(1) a written interpretation from the Architect,(2)an order by the Owner to stop the Work where the Contractor was not at fault, (3)a written order for a minor change in the Work issued by the Architect,(4)failure of payment by the Owner, (5) w 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. a� Ai:%Document A201 TM—1997.Copyright.©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and :997T by The American"Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and international Treaties. 9 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08118/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. a1i User Notes: (3552668520) §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 AW 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. AN §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. 40 §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. §43.9 if unit.prices arestatedin the Contract Documents or subsequently agreed upon,and if quantities originally AW 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. wo §.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'veputation,and for loss of management or employee productivity or of the services of such persons;and .2- 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. ,§AA RESOLUTION OF CLAIMS AND ISPl1TES §'4.4.1 Decision of Architect. Claims,"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 shalhbe;required as a condition precedent to mediation,arbitration or litigation of all s Claims between the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed 'sifter the Claim has been referred tp•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. a.r §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 dbi ision,,T4e Architect may request the Owner to authorize retention of such persons at the Owner's expense. art. §F' 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. AI Document A201 TM—1997.Copyright'©1911,1915,1918,1925,'.3 937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1&.97 by The American Institute of Architects. All rights reserved. WARNING:This AIAf�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 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) AN §4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and 4M 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. §4A,.B,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 Claimizarisiag 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 arbitratioibut 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 T he 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 agredirierits in any court having jurisdiction thereof. §4.6 6 ARBITRATION §4.6.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in"Sections4.3.10,9.10.4 and 9.10.5,shall,after decision by the Architect or 30 days after submission ofthe 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 Associationcurrently in effect.The demand for arbitration shall be tiled in writing with the other party to the Contract and•with the American Arbitration Association,and a copy shall be filed with the Architect. 1,4.61.3 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. ar AIA+Document A201TM—1997.Copyright 00.1911,1915,1918,1925,1 37,1951, 1958,1961,1963,1965,1967,1970,1976,1987 and 19.4I by The. American Institute of Architects. All rights reserved. WARNING:This AIA* Document is protected by U.S.Copyright Law and International Treaties. 21 Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. �r User Notes: (3552668520) §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 �r 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 air 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. 10.5 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. ar §-4.6;6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS §5.1 DEFINITIONS'= §-5A.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the rr ` 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 AS,ub-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 it singular number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. § 52 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. ,r §5.2.2 The Contractor shrill 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 trade reasonable objection. r §,512.3 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. wr AIA D,cument A201 TM—1997.Copyright 0 1911,1915,1918,1925,19,;7,1951,1958,1961,1963,1966,_1967;1970,1976,1987 and 1 M-_, y The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 22 Unauthorized reproduction or distribution of this AIA* Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000 117582_1 which expires on 5/10/2005,and is not for resale. �r User Notes: (3552668520) §5.3 SUBCONTRACTUAL RELATIONS §5.3.1 By appropriate agreement, written where legally required for validity,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor,by these Documents, assumes toward the Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights,remedies and redress against the Contractor that the Contractor, by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make"available to each proposed Subcontractor,prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound,and, upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may beat variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. a. §5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS §5.4:1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment"is effective only after termination of the Contract by the Owner for cause pursuant to 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' ward"separate contracts in connection with other portions of the Project or other construction or �w 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'V ontractor"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'S all mAke any revisions to the construction schedule deemed necessary after a joint review and mutual agreement.The"construction schedules shall then constitute the schedules to be used by the Contractor,separate contractors andthe Owner until subsequently revised. §6AAUniess,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-1 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. rr AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,193r';1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997.j 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 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. ar User Notes: (3552668520) §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 ,Am 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 shallbe 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 beresponsible 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. §,624 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 eaeh'separate contractor shall have the same responsibilities for cutting and patching as are described'for the Contractor in"Section 3.14. §6.3 OWNEWS`RIGHT10 CLEAN UP §"6:3.1 If a dispute arisetatnong the Contractor,separate contractors and the Owner as to the responsibility under their respeciit ib cotttrae,s-for,nta ntaining the premises and surrounding area free from waste materials and rubbish, the Owner may dlean up an&the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGESINW WORK §7.1"GENERAL AW §7.1 1,Chafiges imlbeWorklmay be accomplished after execution of the Contract,and without invalidating the Contract,by Change Ordfrb Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in thi&,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;ali order•for a minor change,in the Work may be issued by the Architect alone. §7.1.3 Changes inihe.Work shallTbe 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. 40 §7.2 CHO GE'ORDERS §7.2:1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor and r Architect,stating their agtement upon all of the following: 1 change in he'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. +rr . §.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 17.11 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 bdth:The Owner may by Construction Change Directive, without invalidating the Contract,order changes W —in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Suns and Contract Time being adjusted accordingly. rr §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..0 1911,1915,1918,1925,1937,1:351,1958;1961,1963,1966,1967,1970,1976;1987 and 1997 by Erie 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 AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582—1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §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 affective immediately and shall be recorded as a Change Order. §7:3:6Ifthe Conttactor.doesnot 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 thoseperforttiing the Work attributable to the change,including,in case of an increase in the Contract Sum,a reasonable allowance ffuroverhead 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 400 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 netdeerease in the Contract Suitt;W.be actual net cost as confirmed by the Architect.When both additions and credits covering related Work yr substitutions are involved in a change,the allowance for overhead and profit shall be.figured on the basis,of net.incf, e, if any, with respect to that change. 4,,, §718 Pending final deternination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes, i 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.deternuuation 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 rr 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. ,.r AIA Document A201 TM—1997.Copyright 0 1911,1915,1918,1925,1937,1151,1958,1961,1963,1966,.1967,1970,1976,1987 and 1997 by l ge 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 AIA* Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. air User Notes: (3552668520) Im ARTICLE 8 TIME §;8.1 DEFINITIONS §8.1.1 Unless otherwise provided,Contract Time is the period of time, including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. §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. ,.r §8.2 PROGRESS AND COMPLETION §8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. §8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner in writing,prematurely commence operations on'thesite or elsewhere prior to the effective date of insurance required by Article 11 to be ar furnished'by the Contractorand 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 givenby 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. §'8.21°The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the,Contract Time. §8.3 DELAYS AND=;.EXTIENSIONS 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 othercauses which the Architect determines may justify delay,then the Contract Time shall be extended by Change Order for suchreasonable!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. •r §8.3.3 This Section 8.3 doesnot 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. §1.2 SCHEDULE OF VALUES �r. §9.2.1 Before the first Application for Payment,the Contractor shall submit to the Architect a schedule of values allocated"to=various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy,as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. 40 §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 r 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 r AIA Docurnmt A201 P+—1997.Copyright Q.1911,1915,1918,1925,1937,19 l,1958,1961,1963,1966;1967,-1970,1976,1987 and 1997 by Thy" 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 AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5110/2005,and is not for resale. r User Notes: (3552668520) low 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 4W 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 tompliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment ototherwise 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. §$.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner nolater°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 §9.kl 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 AW 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 ofa,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'WTHHOLD 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; 4M '. AIA Docume6l A201 TM-1997.Copyright m 1311,1915,1918,1925,1937,1951-;'1958,1961,1963,1966,1967;1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°" Document is protected by U.S.Copyright Law and International Treaties. 27 Unauthorized reproduction or distribution of this AIA*' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/1812004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. AM User Notes: (3552668520) ..r .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; A 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 ar 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 e" withiri the time provided in'the Contract Documents,and shall so notify the Architect. §9.62',,Ile 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 Subcontractoris entitled;.,reflecting percentages actually retained from payments to the Contractor on account of 5uchSubcortt ractor�'s:poAionof'the Work.The Contractor shall,by appropriate agreement with each Subcontractor, require eaf✓h'Subcoritractor to make payments to Sub-subcontractors in a similar manner. .r §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 �r account ofportions 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. ar §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. .rr §9.6 6 A P ertiftcate,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. MW §9.6: Unless the Contractor provides�tlre Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the CoAtractor46r 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 inaseparate account and not commingled with money of the Contractor,shall create any fiduciary liability or tart liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award©fpunitive damages against the Contractor for breach of the requirements of this provision. 9.7 FAILURE OF PAYMENT §9.7.1 If the'Architectdoes 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 ari'iWitton,'then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work untal payment of the amount owing has been received.The Contract Time shall be extended appropriately and 'r the Contract Sunl 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. AM AIA Document=x201'*'—1997.Copyright•:©1911,1915,1918,1925,1937,1951,:;958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The =' American Institute of Architects. All rights reserved. WARNING:This AIA' Document is protected by U.S.Copyright Law and international Treaties. .18 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 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. s User Notes: (3552668520) aw §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. M0 §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. arr §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.Insueh case,the Contractor shall then submit a request for another inspection by the Architect to an determine Substantial Completion. §9:8.4 When the Worit`or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Subsiantinl<Completion which shall establish the date of Substantial Completion,shall establish respoAsibihties of the Owner and Contractor for security, maintenance, heat, utilities,damage to the Work and insurance,and shall fii,,the time°within which the Contractor shall finish all items on the list accompanying the Certificate.;Warranties requirred,by the Contract Documents shall commence on the date of Substantial Completion �r. of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. §9.8:5:The•Certifieate.:of Substantial Completion shall be submitted to the Owner and Contractor for their written law 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 OCCUPANCTOR USE §-9,9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when suc portion is designatod'by separaWAgreement with the Contractor,provided such occupancy or use is consented +r. ; to by the insurer as required and ,1,ctit n 11.4.1.5 and authorized by public authorities having jurisdiction over the Work.Such partial occupancy or--use-may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage,if any,,security, matntedance,heat, utilities,damage to the Work and insurance,and have agreed in writing concerning the period f6iodtteeeti'on of the Work and commencement of warranties required by the Contract Documents.When the.Contrac tor,.consders 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 shallnot be unreasonably;-withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner itnd=Corttraetrar 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+✓014 PLETION AND FINAL PAYMENT §9:10:1 U00i1,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 rr, 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 aw AIA Document,0301 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1!158,1961;1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. 29 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and with be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08118/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. Am User Notes: (3552668520) 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 toxemain 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. ... §910.3 If, after Substanti of the Work,final completion thereof is materially delayed through no fault of:the-Contractor or byiasuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall,.upoaapplicatiowby the Contractor and certification by the Architect,and without terminating the Contract,make payment efflie.balance due for that portion of the Work fully completed and accepted.If the �'• remaining balance for Wok 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 ofthe Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certifitbation.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. �The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: do .1 liens,Claims,security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work tocomply with the requirements of the Contract Documents; or .3 terms of:special wa=#ties required by the Contract Documents. ar §9.10.5 AeceptanCe of-final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of clainks by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Ap"'plication for Payinent. ARTICLE:10:.PROTECTIONIOF,PE'i2SONS AND PROPERTY §10.1 SAFETY PRECAUTIONS AN PROGRAMS 10.1 A The Contractor`(hall,be responsible for initiating, maintaining and supervising all safety precautions and programs in connecti<)11* ka ih,..performance of the Contract. §10.2 SAFETY".OF PERSONS AND PROPERTY §10.2.1 TheContractor shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,ttijury 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`eonstruction. it §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. d AIA Document AxJ1TM—1997.Copyright @ 1911,-1915,1918,1925,1937,1951,19::8,1961,1963,1966,1967;1970;1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. .30 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 15:08:04 on 08/18/2004 under Order No.1000117582_l which expires on 5/10/2005,and is not for resale. AN User Notes: (3552668520) 40 §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, .r 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 byanyone 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. .rr §10,2,6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty ;:shall;be the prevetitionofaccidents.This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. §10:2.7 The Contractor shall notload or permit any part of the construction or site to be loaded so as to endanger its ,•safety. +rr §.10.3'HAZARDO.US MATERIALS A f,reasonableprecautiorts 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. Aw §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 axed,in the event such material or substance is found to be present, to verify .that it has beenrendered harmless.Unless otherwise required by the Contract Documents,the Owner shall furnish in writing toahe.Contractor and Architect the names and qualifications of persons or entities who are to perform tests 'verifying the•presence er 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 liroposel smother,to wham the Coritrkior 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.TheContraet Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractors•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 ,rr 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 harless,provided that such claim,damage, loss or m expeitsd 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 do Contractor unless such materials or substances were required by the Contract Documents. arr AIA Document AMC I'm—1957.Copyright ©1911,1915,1918,1925,1937,1951,1958 1961,1963,1966,1967,1970,1976,1987 and 1997 by The 1. American Institute of Architects. All rights reserved. WARNING:This AIA°6'Document is protected by U.S.Copyright Law and international Treaties. . S1 Unauthorized reproduction or distribution of this AIA*'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08118/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. «�r User Notes: (3552668520) .r §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 4111110 §,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 sei forth below which"may arise out of or result from the Contractor's operations under the Contract and for which fhe Conttacto>"ma y:be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone.directly orlindirectly.employed by any of them,or by anyone for whose acts any of them may be liable: "'r' .1 claims tinder workers' compensation,disability benefit and other similar employee benefit acts which are 4pplicable to the Work to be performed; .2 claims fordamages because of bodily injury,occupational sickness or disease,or death of the Contractor's employees; 3:' ciainis"for•,damages because of bodily injury,sickness or disease,or death of any person other than the'Contractor'"s employees; .�1' claims for damages insured by usual personal injury liability coverage; " .5 claims for"dama es,other than to the Work itself,because of injury to or destruction of tangible 'property,including loss of use resulting therefrom; .6 claints:fbr 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. ZThe 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 ,owurrence or claims-made basis;-shall be maintained without interruption from date of commencement of the Work until date of final:p"'nt 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 Wc1rk.These certificates a i:l the insurance policies required by this Section 11.1 shall contain a provision that overage afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written Lice has been given to the Owner.If any of the foregoing insurance coverages are required to remain in force after fin4payment"and are reasonably available,an additional certificate evidencing continuation of such coverage shall be submitted"with the 1plai Application for Payment as required by Section 9.10.2.Information concerning reduction of coverage on account of"revisCd'limits or claims paid under the General Aggregate,or both,shall be furnished by xthe Contractor*11h,reasonable'promptness in accordance with the Contractor's information and belief. do " x'11.2 OWNS,'%L1. 31LITY INSURANCE §11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. arr §Q11�3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE 1131 fOptiraizally,the Owner may require the Contractor to purchase and maintain Project Management Protective L.,�abiltty><ns' rancIe 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 gt tantract 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 40 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 A2011"—1997:Copyright ©1911,191.5,1918,1925;1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Al a Document is protected by U.S.Copyright Law and International Treaties. $2 Unauthorized reproduction or distribution of this Al a Document,or any portion of it;may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582—1 which expires on 5/10/2005,and is not for resale. 4M User Notes: (3552668520) §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. err §11.4 PROPERTY INSURANCE §11.4.1 Unless otherwise provided,the Owner shall purchase and maintain,in a company or companies lawfully do 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 cast basis without optional deductibles. Such property insurance shall be maintained, unless ' otherwise pr"ovided 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.°offire(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. §11x4.1..2 If"the Owner does not intend to purchase such property insurance required by the Contract and with all of ar the coverages in the amouttt"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 Styli ettbe ntractors in the Work,and by appropriate Change Order the cost thereof .,,,shall be"charged to the Owner.If the.Contractor is damaged by the failure or neglect of the Owner to 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'.4.11If the;property insurancerequires 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 andshail,without mutual written consent,take no action with respect to partial occupancy or use that ;® would cause cancellation,lapse or reduction of insurance. §11.41 Boiler"and Machinery Insurance.The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during. installation and until final acceptance by the Owner;this insurance shall include interests of the Owner,Contractor, Subcontractors and Sub-subcontractors in the Work,and the Owner and Contractor shall be named insureds. §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 s AIA Document A201 TM- 1997.Copyright ®1911,1915,+;318, 1925,1937,1951,1958,190,1963,1966„1970,1976,1987 alld 1997liy The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected.by U.S.Copyright Law and International Treaties. 33 Unauthorized reproduction or distribution of this AIAa 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 11:14:29 on 05/31/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. rrr User Notes: (2018119770) e §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. +rrr §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,erx ployees,for damages caused by fire or other causes of loss to the extent covered by property insurance obtained,p ursuanvto:thi5`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 aw require of the Architects-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 do provide such waivers of subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or-entity even thouglt that person or entity would otherwise have a duty of indemnification,contractual or otherwise,'-did not;paythe insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged. .rr §11.4:$A loss insured underr Owner'sproperty insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner Z5 as their interests may appear,subject to requirements of any applicable mortgagee clause andsofStWon 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. .r� §11,4.9 1f required in writing by party in interest,the Owner as fiduciary shall,upon occurrence of an insured loss, give bond for proper.perforirtance,�hthe Owner's duties.The cost of required bonds shall be charged against proceeds received as fi duciary.The Owner shall deposit in a separate account proceeds so received, which the dw Owner shall distribute in,aceordance with such agreement as the parties in interest may reach,or in accordance with an arbitration award in'zwhich,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 w 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 ease 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. rrr §11`5 PIERFORMANCE 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. r1I AIA Document A201 TM-%Y 997.Copyright ®1911,1915,1918,1925,1937,1951,1958,19&1,1963,1966,.1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Al a Document is protected by U.S.Copyright Law and international Treaties. 34 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 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. ar User Notes: (3552668520) .. §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. rr ,. §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 ar. such Work.is in accordance with the Contract Documents,costs of uncovering and replacement shall, by appropriate Change Order,be at the Owner's expense.If such Work is not in accordance with the Contract Documents, correction sballbe 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. r §:I2,2,CORRECTION.OF WORK 12.2.1 BEFORE,'OR AFTE, ksu BSTANTIAL COMPLETION ,rr §12,2"1;1`ThoaContracta`r°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 uspecdoos and compensation for the Architect's services and expenses made necessary thereby, shall be at the ar Contractor's expense. 12 21AA TER SUBSTANTIAL COMPLETION §1?.2.2,173t.addition to the Contractor's obligations under Section 3.5, if,within one year after the date of r Substantial€Completion of t`l`se Work or designated portion thereof or after the date for commencement of warranties established itrtder Section,, 9:1,or by terms of an applicable special warranty required by the Contract Documents, any of the Work is foundto be not in accordance with the requirements of the Contract Documents,the Contractor rrr `= .• shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously l given w Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition:During tlaobne-year period for correction of Work,if the Owner fails to notify the Contractor,and give the Contractor, an',vpportunity to make the correction,the Owner waives the rights to require 'correction"Iy the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct .,n0nconforir!a Work within a reasonable time during that period after receipt of notice from the Owner or Architect,the Owner may correct is imaccordance with Section 2.4. .,112.2.2.2,71*,one-year period f6 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 aw ;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 TheCo ntractor.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. +rr §12.2A The The;Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or 4,p,.artially ca*leted,of the Owner or separate contractors caused by the Contractor's correction or removal of Work yuhich s not;in,accordance with the requirements of the Contract Documents. +� §:12,2t1i l�otlirtg 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 dW 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 +rr AIA Document A201 Tm—1:97.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961;9 963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Al a Document is protected by U.S.copyright Law and International Treaties. 35 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582—1 which expires on 5/10/2005,and is not for resale. rar User Notes: (3552668520) Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. a.. §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 r,r 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,ixt respect to covenants,.agreements and obligations contained in the Contract Documents. Except as provided in Sectioo'13.2.2,neitherparty to the Contract shall assign the Contract as a whole without written consent of the other.If either patty attempts to make such an assignment without such consent,that party shall nevertheless remain .w legally responsible for all obligations under the Contract. §112-2 2 The Owner may;wittlbut consent of the Contractor, assign the Contract to an institutional lender providing coniatrugtiion financing forthe Project.In such event,the lender shall assume the Owner's rights and obligations under the Contract Docuti erits.The Contractor shall execute all consents reasonably required to facilitate such assignment. .. §13X1111'RITTEN:NOTICE §131,1 Written notice shallbbe deemed to have been duly served if delivered in person to the individual or a member ofth&,fi liorentity or toan 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. .rr §13.4-RIGHTS AND'REMEDIEs 13A.1 Duties.And obligations imposed.by the Contract Documents and rights and remedies available thereunder -shall be'izt addition to and not a limitad on of duties,obligations,rights and remedies otherwise imposed or available .. by law, 4i2,No action or failure to,aet'by the Owner.Architect or Contractor shall constitute a waiver of a right or duty �w affordedntliertt.;under the Contract;.ndrshall such action or failure to act constitute approval of or acquiescence in a breach th titider,except as may,be.specifically agreed in writing. 943.57ESTSAND INSPECTIONS §13.5.1 Tests,-:inspections and'approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or Girders 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 independet>f testing laboratory or entity acceptable to the Owner,or with the appropriate public authority, and shall bear all related cbsts 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. §935 Arehitect,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 autht3rtzatiori from the Owner,instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs,except as provided in Section 13.5.3,shall be at the Owner's expense. iat - AIA Document A201TM—19,7.Copyright.@ 1911,1915,1915,1925,.1937,1951,1958,1961,,ia63,1966;1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAO Document is protected by U.S.Copyright Law and International Treaties. 36 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. atla User Notes: (3552668520) §13.5.3 If such procedures for testing,inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be 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. §13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid dw unreasonable delay in the Work. §13.6 INTEREST §13 6.1,Payxnents;due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate"as"lhe parties mad?agree upon in writing or,in the absence thereof,at the legal rate prevailing from time to time at'theplace Where theProject is located. d §.13 T�tbMMENCEMENT F":STATUTORY LIMITATION PERIOD §13:TtAs enthe Owner and Contractor: Befbfde substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substatttial;�Icpmpletion,any applicable statute of limitations shall commence to run and any alleged cause offaction shall be deemed to have accrued in any and all events not later than such date of Substantial;Completion; i 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 Certificatefbr Payment,any applicable statute of limitations shall commence to run and any alleged cause of Action shall he 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 ruXl,<at'id,atiy alleged•cause of action shall be deemed to have accrued in any and all events not later VON than the date of any actor failure to act by the Contractor pursuant to any Warranty provided under Slection 35,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. arr ARTICLI=�";,T MINATION OX$USPENSION OF THE CONTRACT §14,1:TERN(INATION BY THE CONTRACTOR §144.1 The Contractor litayterminate the Contract if the Work is stopped for a period of 30 consecutive days through no actor fatl1(df the'Cbntractor or a Subcontractor,Sub-subcontractor or their agents or employees or any other persons or entttles.perforrning portions of the Work under direct or indirect contract with the Contractor,for any of the fbilowing reasons: .1:: isst6ce 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 xxtade payment on a Certificate for Payment within the time stated in the Contract Documents;'or "W ,.4 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request,reasonable evidence as required by Section 2.2.1. §14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,repeated suspensions,delays or interruptions of the entire Work to A1A Document A201 TM—199,.Copyright®1911,1915,1918;1925,1937,1951,1958,1961,1983,1966;1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 37 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be ., prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5110/2005,and is not for resale. ar User Notes: (3552668520) 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. w §14.13 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, ow 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 8Y THE"OWNER FOR CAUSE §14.2.1 The"Owne-j=,y terminate the Contract if the Contractor: .1 persistentty orrepeatedly 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 agreernonts,between the Contractor and the Subcontractors; .3 persistently dotegards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction;•"or .4, otberwiseis guilty of substantial breach of a provision of the Contract Documents. 141.2 When any,tif the above-reasons exist,the Owner, upon certification by the Architect that sufficient cause exists to justify.,surbiction,may without prejudice to any other rights or remedies of the Owner and after giving the Contractor-and the Coritractor's surety,if any,seven days' written notice,terminate employment of the Contractor and tray,subject to any"prior'rights of the surety: ,1i takepossession of the site and of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; .2 aceepf assignment of subcontracts pursuant to Section 5.4;and .3 finisk1he'Work by,whatever reasonable method the Owner may deem expedient. Upon request of the Contractor,the O"weer shall furnish to the Contractor a detailed accounting of the costs incurred by the Owwer in finishing the Work. §14.2c3 When the�Owner terminates=the,Contract for one of the reasons stated in Section 14.2.1,the Contractor shall �r not bazdtitted,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 servicesarld`,expenses made necessary thereby,and other damages incurred by the Owner and not "` expressly waited,suz h eX; , "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 b6certified by the Architect, upon application,and this obligation for payment shall survive dw termination crl'�tract. §'14.3 SUSPENStdN18Y 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. Tht;Cttntract Sum and Contract Time shall be adjusted for increases in the cost and time caused by air suspensio ,aderay or interruption as described in Section 14.3.1.Adjustment of the Contract Sum shall include profit.No adjYistYment shall be made to the extent: 1 that performance is, was or would have been so suspended,delayed or interrupted by another cause for which the Contractor is responsible;or .2 that an equitable adjustment is made or denied under another provision of the Contract. AIA Document A201 TM—1997.,;opyilght.©1911,1915,1918,1925,1937,1951,1958,1961,1963r 1966,1967,1970,1976,1987 and 1997 by The" American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be 38 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. air User Notes: (3552668520) §14.4 TERMINATION BY THE OWNER FOR CONVENIENCE §14.4.1 The Owner may, at any time,terminate the Contract for the Owner's convenience and without cause. §'14;4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience,the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary,or that the Owner may direct,for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice,terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. §14.4.3 In case of such termination for the Owner's convenience,the Contractor shall be entitled to receive payment for Work executed,and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. rr a. ar r �rrr +�Ir AIA Document A201 TM—1997.Copyright-0 1911 1915,1918,1925,1937,1951,1958,1961,1963,1§66,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAs'Document is protected by U.S.Copyright Law and International Treaties. 39 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 000117582—1 which expires on 5/10/2005,and is not for resale. ON User Notes: (3552668520)