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Home My WebLink AboutContract � ® -=== Document A101"m — 1997 CAG-05-114 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the o 4 I+day of al"An the year of 2005 (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) ADDITIONS AND DELETIONS: City of Ckadk, The author of this document has 1055 n Grady Way added information needed for its Renton,WA 98055 completion.The author may also have revised the text of the original AIA standard form.An and the;Contractor: Additions and Deletions Report (Name,address and other information) that notes added information as well as revisions to the standard :'kirine V„adnum Service,Inc, form text is available from the P.0.Bok24263 author and should be reviewed. Seattle,WA 98124 A vertical line in the left margin of this document indicates where The-Project is: the author has added necessary (NQme and location) information and where the author has added to or deleted from the Rivt"iwiew Park Bridge Renovation original AIA text. 16ervteW:I'ark This document has important 2901 Maple Valley Highway legal consequences. Renton,'WA 9$058 Consultation with an attorney is encouraged with respect to The Architect is: its completion or modification. (Name,address and other information) AIA Document A201-1997, Berger Abate-Engineers,Inc. General Conditions of the Contract for Construction,is 3*,l Ntntkt Avenue S. adopted in this document by Federal may;WA 98003 reference.Do not use with other general conditions unless this document is modified. The Owner and Contractor agree as follows. This document has been approved and endorsed by The Associated General Contractors of America. AIA Document A101 TM—1997.Copyright A 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document,or any portion of It may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:28:05 on 08/122005 under Order No.1000175113_1 which expires on 5/92006,and is not for resale. User Notes: (1704070881) 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 fixed in a notice t6 proceed) tf,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: 132 The:;COntcact Time shall be measured from the date of commencement. §33 The Contractor shall achieve Substantial Completion of the entire Work not later than ninety(90)days from the date afrommencement,or as follows: (Insert number of calendar,days.Alternatively, a calendar date maybe used when coordinated with the date of cvmmencem mt. Unless stated elsewhere,in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Wvrk.) Demohtion.aud excavation of footings must be completed prior to September 15,2005(unless another date is approved by Owner): Portion of Work Substantial Completion Date ,subject to adjustments"cif this Contract Time as provided in the Contract Documents. (Insert provrsi'ons, f any,forIiquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) One Thousand and Five Hundred Dollars and No Cents per calendar day ARTICLE 4 CONTRACTSUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Coract.Tlie Contract Sum shall be Two Hundred Seven Thousand Five Hundred Dollars and Zero Cents ($2Q525 11b b0)",Including Washington State Sales Tax,subject to additions and deductions as provided in the Contract ocuments. §42 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A101 TM—1997.Copyright O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document Is protected by U.S.Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIA° Document,or any portion of It may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:28:05 on 08/12/2005 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (1704070881) NOW, `m1001 §4.3 Unit prices,if any,are as follows: Description Units Price($0.00) ARTICLE 5 PAYMENTS 45.1 PROGRESS PAYMENTS §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for 'Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor,as provided below and elsewhere in the Contract Documents. §:5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,-or as follows: 5.1.3 The City of Renton operates on a two-week cycle according to the 2005 Accounts Payable Calendar,a copy of which will be provided to the Contractor. Applications for Payment must be received by the Owner a minimum of one week;prior to;any Purchase Order cutoff date to be processed in that run. 5.14ach 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 ofthe period covered by the Application for Payment. §5.1.6 Subject to other provisions ofthe'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 thepercentage 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 ncluded,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 m advance by the Owner,suitably stored off the site at a location agreed upon in writing),less reitamage of Five percent(5%); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: AIA Document A101 TM—1997.Copyright A 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA*Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:28:05 on 08/12/2005 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (1704070881) .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.S ofAIA Document,4201-1997 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 thepercentages 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) §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. §51MkAL PAYMENT=k §$$2.1 Final payment,consti tuting 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=°tend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. §122 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate;for Payment,or as follows: -ARTICLE 6'' TERMINATION OR SUSPENSION §61 The Contract may be terminated;by the Owner or the Contractor as provided in Article 14 of AIA Document A20 1-199,7.-. §62 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEO_,,S PROVISIONS §7y1 Where reference is made a 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. (lrisert 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 A 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 15:28:05 on 08112/2005 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (1704070881) §7.3 The Owner's representative is: (Name, address and other information) Bill Rasmussen 1055 S.Grady Way Renton,WA 98055 Telephone Number:425-430-6617 Fax Number:425-430-6603 §74 The Contractor's representative is: (Name, address and Other information) Pete Talakai Marine Vacuum Service,Inc. P:O.Box 24263 Seattle,WA 98124, Telephone Numbm 206-762-0240 Fax Number 2 , 06=763=$084 §7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §7.6 Other provisions: ARTICLE 8 ENUMRATION OF CONTRACT DOCUMENTS §8.1 The Contract°Documents,except for Modifications issued after execution of this Agreement,are enumerated as fellows: §8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,A1A Document Al01=1997. §8.1.2 The 66neral Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Document A201-1997. §$.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated July 12,;2005,aridare as Ullows Documert .. Title Pages Section 00705 r: General Conditions 39 Sectxop gg81.0 Supplementary General 2 Conditions Section 0900 Special Conditions 3 §8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3,and are as follows: (Either lis7.the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Project Manual for Riverview Park Bridge Renovation;Divisions 0, 1,2,3,5,6,7, I and §8.1.5 The Drawings are as follows,and are dated July 11,2005 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) AIA Document A101"'—1997.Copyright ®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA*Document,or any portion of k,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 15:28:05 on 08/12/2005 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (1704070881) R Title of Drawings exhibit: T-1:Title,Drawing Index,Vicinity Map&Legend;S-1: Site Plan&Notes;S-2:Piling and Foundation Plan and Details;S-3:Foundation Details and Guardrail;S-4:Framing Plan,Sections and Details; S-5:Precast Deck Panel Details §8.1.6 The Addenda,if any,are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. §,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 notpart of the Contract Documents unless enumerated in this Agreement. They should be'histedhere only if intended to be part of the Contract Documents) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies,ofwhich one is to be delivered to the Contractor,one to the Architect for use in a administration of the Coritr t,and the remainder to the Owner. OWNER gnature) CONTRA OR( gnature) k Kathy Ketilker-Wheeler,Mayor 77o K4 I Pew- &6 c4— W&5'e'V' (Printed nank and title) (Printed name and title) ATTES's:fSignature) Domue Walton,City Clerk (Printed name and title) AIA Document A101TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document Is protected by U.S.Copyright Law and International Treaties. 6 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 15:28:05 on 08/12/2005 under Order No.1000175113-1 which expires on 5/9/2006,and is not for resale. User Notes: (1704070881) Bond #6327265 RMRNIEW PARK BRIDt3R FlONOVATION BOND TO THE CITY OF RENTON FORM SECTION 001110 KNOW ALL MEN BY THESE PRESENTS: That we,the undertstned_ Marine Vacuum Service, Inc. e$plan* 1,gf First National Insurance Company of AmeriwMitft organl?'Md Ind eftrq under thg laws of the 8W of Was Ti ng on as a our*colporftt,and qwgW under tine iew<re of the State of W&WrgI t to bwm*wety upon bonds of wt>trso=wdh nwnbipal oorporatbr+a,ae sur+sty ere jointly and severalty held and tkrrtiy hound loft City of RentCrrt In penal sum ti 2007 5000.00------ for the payment of which sum on demand we bind wmeim and our succemors, heirs, edminwn t m or person representsWes,as Mta ova may be. This oblgftn Is erttend Into In p"Aw od#0 sta>tttW of 1M State d Washlr0n,ate ordinance of the Cky of Renton. Dated at Washlnq(M,this_22 dsyof _ Auqust .2005 Newrtlteless,th►condifts of it*shove obloodori era each that WHEREAS,under and puauent to Pubic Works Construction Connect CAC-.providing for cwmxfton of ivgZdg& Park Bridge Renovaton.j _ the principal It mukW to Rardeh a band for the 1:altltful p0aHltlrt0e of the contrW and WHEREAS,the pdnapal has axaPted,or IS about to scoopt,dte contract,ttte underteka to pertomt the work%rehr provided for in Ste mariner and wt hin the time set brth; NOW,THEREFORE,R dta principell rhea falthfuMy perform MI of the provIeb s of said contract in the manner end wMhin the time thereh set forth,or wMhin such L*mbne of time as may be Wenwd under=std contract,and shah Pay all Iettorers,mecMft,suboontraotn and matedMhrwrt,std d parsons who **I supply said pdncipal or subcontraMrs with praAWns and supplies Tar eta ov tg on of Sdd wodr,and Quaff hoid seie CIly of Renton her ilm from any da vp or a pine by reason of fWkn of perfortrwm ew spedkd in the corbard or from do"We&*or dewbpj in the m tarlttl or worM tettfp provided or performed under the wntnct Win a Peft of and yw Nter tie 8eap4noe thereof by ate CkY of Renton,then SW In that event thts ob%ation shah be void;but*0YAee it shall be and remain In full force and Wbct. Marine Vacuum Service, Inc. First National Insurance Company of America Drina _.. , ---,, wan ` Charles Campbell — Pres. Charles R. McQuiigpan, Attorney-in-Fact rye Tme _ END OF U ION 2WS444u DR81D PAOE1 ► S A F E C G POWER FIRST NATIONAL INSURANCE COMPAI`IY OF AMERICA FIRST NATIONAL SURETY OF ATTORNEY PO BOX 34526 SEATTLE,WA 98124-1526 PO BOX 34526 SEATTLE,WA 98124-1526 KNOW ALL BY THESE PRESENTS: No. 13136 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint L.MCQUIGGAN;CHARLES R.MCQUIGGAN;BRAD GREER;STEPHENMCQUIGGAN;Edwardsville, its true and lawful attorneys)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 10th day of January 2005 C/�" 4 4-9- C�, CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced, provided,however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Christine Mead, Secretary of FIRST NA11ONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 22 day of August 2005 AMC,r�a o* 60A A` SEAT, o 1328�. 3 ` # CHRISTINE MEAD,SECRETARY S-1049/FNEF 7/98 ®A registered trademark of SAFECO Corporation 01/10/2005 PDF State of Illinois County of Madison On this 22nd day of August, 2005,before me, a Notary Public within and for the above mentioned county, personally appeared Charles R. McQuiggan, to me personally known, whom being by me duly sworn he is an Attorney-In-Fact of: AMCO Insurance Company American Safety Casualty Insurance Company Banclnsure, Incorporated Bond Safeguard Insurance Company Connecticut Surety Company Contractors Bonding and Insurance Company Cumberland Casualty and Surety Company Fidelity and Deposit Company of Maryland First Sealord Surety, Inc. First National Insurance Company of America Lexon Insurance Company Nationwide Mutual Insurance Company Nova Casualty Company Old Republic Surety Company Platte River Insurance Company St. Paul Fire and Marine Insurance Company The Ohio Casualty Insurance Company Travelers Casualty and Surety Company ofAmerica Underwriters Insurance Company United States Fidelity and Guaranty Company West American Insurance Company Western Surety Company the corporation named in the foregoing instrument, and that the seal affixed to the said instrument is the corporate seal of the said corporation, and that the said instrument was signed and sealed on behalf of the said corporation by authority of its Board of Directors, and the said Charles R. McQuiggan, acknowledged the said instrument to be the free act and deed of the said corporation. Official Seal Holly Vanessa Johnson Notary Public, State of Illinois My Commission expires March 26,2009 By: xo - Vanessa Johnson Holly Vanessa Johnson,Notary Public tt 1, P� CT . ANUAL for RIWRVIEW PARK . j BRIDGE RENOVATION 2901 Maple Valley Highway RENTON, WASHINGTON p Owner: CITY OF RENTON COMMUNITY SERVICES ADMIN 10S S South Grady Way y Renton, WA 9805 5 Bill Rasmussen, CIP Coordinator j -425 430 6617 42S 430 6603 (Facsimile) Project Engineer: BERGERJABAM Engineering, Inc. Louis Klusmeyer, P.E. 720 Olive Way, Suite 1100 Seattle, WA 98101 206 3 S 7 5600 206 3 S 7 5601 (Facsimile) Date: July 21 2005 RIVERVIEW PARK BRIDGE RENOVATION4 v r 1 BID FORM SECTION 00310 FORM OF PROPOSAL ( BID ) for the RIVERVIEW PARK BRIDGE RENOVATION 2901 Maple Valley Highway Renton, Washington Bids Due: Thursday, August 4, 2005— 2;30 p.m. 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 "Riverview Park Bridge Renovation," 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 that 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. The following breakdown of the Total Bid Amount is to be given. The price breakdown shall be fairly apportioned to the various parts of the work and shall meet with the Owner's approval. If so requested by the Owner, 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. 2005-144aa 00310 PAGE RIVERVIEW PARK BRIDGE RENOVATION BID FORM SECTION 00310 A. ABASE BID SCHEDULE EM APPROX. NAME OF PAY ITEM WITH AMOUNT(inc.WSST) NO. QUANTITY UNIT BID PRICE DOLLARS CENTS WRITTEN IN WORDS 1 1 Mobilization: Lum p Sum 2 1 Demolition: Lump Sum 3 1 Earthwork: Lump Sum 4 1 Cast-in-Place Concrete Structures: Each 5 1 Concrete Panels: Lump Sum 6 1 Metal Fabrications: Lump Sum 7 1 Timber Structures: Lump Sum 8 1 Repainting Existing Steel: Lump Sum 9 1 Project Cleanup and Closeout: Lump Sum TOTAL AMOUNT OF BASE BID (inc.WSST) TOTAL BID AMOUNT IN WORDS 2005-144aa 00310 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION BID FORM SECTION 00310 B. 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 C. CONDITIONS OF PROPOSAL: 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. D. PERIOD OF BID VALIDITY/ACCEPTANCE OF BID 1. BID VALIDITY The undersigned hereby agrees that this BID as described in paragraph "A" shall be valid and firm offerings for the period of forty-five (45) days from closing time for the "Receipt Of Bids." 2. 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. E. EXECUTION OF CONTRACT 1. If written "Notice of Intent to Award Contract" is mailed, telegraphed, facsimile, or delivered to the undersigned within the "period of Bid Validity" noted above, or any time thereafter before this Bid is withdrawn, the undersigned will, within ten (10) days after the date of such notification, execute a Contract in the form of the AIA Document A101 "STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR - STIPULATED SUM", 1997 edition. 2005-144aa 00310 PAGE 3 RIVERVIEW PARK BRIDGE RENOVATION BID FORM SECTION 00310 2. 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 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 Individual Proprietorship, the name of the owner should appear, followed by d/b/a and the name of company. F. TIME FOR COMPLETION The undersigned hereby agrees to "FINAL COMPLETION" of all Work outlined in the Contract Documents within niney (90) calendar days after receipt of Notice to Proceed. G. LIQUIDATED DAMAGES If the Contractor fails to complete the Work by the FINAL COMPLETION DATE (or such extension of that date which might be granted by the Owner), he agrees to abide by all provisions of the Contract including Section 01700— Project Administration and Closeout. In addition, Liquidated Damages in the amount of one thousand five hundred dollars ($1,500)will be assessed for each calendar day that the Contractor exceeds the "FINAL COMPLETION DATE." H. ADDENDUM RECEIPT Receipt of the following "ADDENDA"to the CONTRACT DOCUMENTS is acknowledged: Addendum No. Date Addendum No. Date Addendum No. Date I. EXECUTION OF PROPOSAL Name of Firm State License Registration No. Address City State Zip Code Telephone ( ) FAX ( ) 2005-144aa 00310 PAGE 4 RIVERVIEW PARK BRIDGE RENOVATION BID FORM SECTION 00310 The undersigned designates the above as the firm and address to which "NOTICE OF CONTRACT AWARD" may be mailed, hand delivered or delivered via facsimile. NOTE: If a Bidder is a corporation, write state of incorporation; and if a partnership, give full names and addresses of all partners below: The undersigned certifies that the above is a firm and valid BID to accomplish all Work and comply with all requirements of the Contract Documents. Date Signature Signed Printed Title J. ENCLOSURES PROVIDED BY CONTRACTOR The Contractor shall provide the following enclosure with this Form of Proposal: 1. Non-Collusion Affidavit (located in this Specification Section 00400). 2. Assignment of Antitrust Claims To Purchaser (located in this Specification Section 00400). 3. Minimum Wage Affidavit Form, (located in this Specification Section 00400). 4. Statement of Bidder's Qualifications (located in this Specification Section 00420). 5. Bid Bond Form (located in this Specification Section 00500). END OF BID FORM 2005-144aa 00310 PAGE 5 RIVERVIEW PARK BRIDGE RENOVATION • NON-COLLUSION AFFADAVIT/MINIMUM WAGE FORM SECTION 00400 NON-COLLUSION AFFIDAVIT Being duly swom,deposes and says,that he is the identical person who submitted the forgoing proposal or bid,and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named,and further,that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid,or any other person or corporation to refrain from bidding,and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over the other Bidder or Bidders. AND CERTIFICATION RE:ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually bome by the purchaser. Therefor,vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract,except as to overcharges resulting from anti-trust violations commencing after the date of the bid,quotation,or other event establishing the price under this order or contract. In addition,vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser,subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I,the undersigned, having been duly swom,deposed,say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer,workman,or mechanic employed in the performance of such work;not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract:that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: NON-COLLUSION AFFIDAVIT,ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT: RIVERVIEW PARK BRIDGE RENOVATION Name of Bidders Firm signature of Authorized Representative of Bidder Subscribed and sworn to before me on this day of .2005. Notary Public in and for the State of Washington Residing at: END OF SECTION 2005-144aa 00400 PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 STATEMENT OF BIDDERS QUALIFICATIONS Name of Contractor.............................................................................................................:............................. 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............................. ....................................... ................................ ................. ................... .................................... ....................................... ................................ ................. ................... .................................... ....................................... ................................ ................. ................... .................................... ....................................... ................................ ................. ................... 2005-144aa 00420 PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION 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: ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... BankReferences:......... ..................................................................................................................... .......................................................................................................................................................... Have you changed bonding companies within the last three years................................................... Ifso,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: .............................................................................................................................. . ........................................................................................................................................................... ........................................................................................................................................................... Dispositionof case, if settled: ............................................................................................................ ........................................................................................................................................................... Name of Superintendent to be used on the project and how long with your company:..................... ........................................................................................................................................................... Bidder: ............................................................................................. (Printed Name of Bidder) By: ................................................................................................ (Signature of Authorized Official) Title: .....................I........................................................................... END OF SECTION 2005-144aa 00420 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION BID BOND FORM SECTION 00500 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. Sign here: 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 Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS DAY OF , 20— Principal Surety Received return of deposit in the sum of$ END OF SECTION 2005-144aa 00500 PAGE 1 im PROJECT MANUAL for RIVERVIEW PARK BRIDGE RENOVATION Renton, Washington ow go Owner: CITY OF RENTON COMMUNITY SERVICES ADMIN %w 1055 South Grady Way Renton, WA 98055 Bill Rasmussen, CIP Coordinator 42S 430 6617 425 430 6603 (Facsimile) Project Engineer: BERGER/ABAM Engineering, Inc. Louis Klusmeyer, P.E. 720 Olive Way, Suite 1100 Seattle, WA 98101 206 357 5600 206 3 5 7 S601 (Facsimile) Date: July 21, 2005 r. RIVERVIEW PARK BRIDGE RENOVATION TABLE OF CONTENTS TITLE NUMBER OF PAGES Tableof Contents .......................................................................................................................1 wr DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT 00020 Synopsis of Bidding Information .................................................................................1 00110 Bidder's Checklist.......................................................................................................1 00200 Instructions to Bidders................................................................................................4 00310 Bid Form also inserted separately) 00400 Non-Collusion, Anti-Trust, Minimum Wage Form (also inserted separately)...............1 00420 Statement of Bidder's Qualifications (also inserted separately) ..................................2 "" 00500 Bid Bond Form also inserted separately) 00705 General Conditions (inserted after Section 00705) ...................................................40 00810 Supplementary General Conditions ............................................................................2 00900 Special Conditions......................................................................................................3 00910 Bond to the City of Renton..........................................................................................1 00920 Minimum Insurance and Related Requirements .........................................................3 DIVISION 1 -GENERAL REQUIREMENTS ow01010 Summary of Work.......................................................................................................3 01025 Measurement and Payment...................................................................... 01200 Meetings.....................................................................................................................2 01300 Submittals ..................................................................................................................3 "" 01500 Temporary Facilities and Controls ..............................................................................2 01560 Environmental Controls...............................................................................................5 to DIVISION 2 -SITEWORK 02110 Lead Control......................................................................................... 3 No02200 Demolition...................................................................................................................4 02280 Temporary Water Pollution and Erosion Control.........................................................3 02300 Earthwork ...................................................................................................................4 DIVISION 3 -CONCRETE 03100 Formwork.................... 3 03200 Reinforcing .................................................................................................................4 03300 Concrete Structures....................................................................................................8 DIVISIONS 5, 6, 7 & 9—TECHNICAL SPECIFICATIONS 05500 Metal Fabrications ......................................................................................................4 05830 Bearing Pads..............................................................................................................1 06100 Rough Carpentry 07910 Compression Seal Expansion Joints...........................................................................2 07920 Joint Sealant...............................................................................................................2 err09900 Painting Steel .............................................................................................................5 09910 Painting Timber ..........................................................................................................3 �r 2005-144aa TABLE OF CONTENTS PAGE 1 No PROJECT MANUAL up for on RIVERVIEW PARK mv BRIDGE RENOVATION 2901 Maple Valley Highway No RENTON, WASHINGTON wo io& .. Owner: CITY OF RENTON fto COMMUNITY SERVICES ADMIN 1055 South Grady Way ow Renton, WA 98055 Bill Rasmussen, CIP Coordinator 425 430 6617 VW 425 430 6603 (Facsimile) Project Engineer: BERGER/ABAM Engineering, Inc. Louis Klusmeyer, P.E. ow 720 Olive Way, Suite 1100 Seattle, WA 98101 206 357 5600 206 357 5601 (Facsimile) Date: July 21, 2005 to RIVERVIEW PARK BRIDGE RENOVATION SYNOPSIS OF BIDDING INFORMATION SECTION 00020 to 1. PROJECT: RIVERVIEW PARK BRIDGE RENOVATION 2901 Maple Valley Highway Renton, WA 98055 2. OWNER: City of Renton 1055 South Grady Way Renton, WA 98055 3. OWNERS REPRESENTATIVE: Bill Rasmussen, Capital Project Coordinator Community Services Administration Renton City Hall, 5th Floor 1055 South Grady Way Renton, WA 98055 Phone (425) 430-6617; FAX (425) 430-6603 4. BIDS DUE: Thursday, August 4, 2005 by 2:30 p.m. 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 Thursday, July 21, 2005 +r Pre-Bid Site Walk-Thru Monday, August 1, 2005, 10:00 a.m. �r Bids Due by 2:30 p.m. Thursday, August 4, 2005 Commence Construction Work As soon as possible 6. TIME OF CONSTRUCTION: Ninety (90) calendar days. Note: Demoliton and excavation of footings must be completed prior to September 15, 2005. 7. BID SECURITY: N/A 8. PERFORMANCE BOND & PAYMENT BOND: 100% of contract amount 9. WAGES: Pay state promulgated prevailing wages rates. 10. TYPE OF CONTRACT: Single lump-sum contract encompassing all work. END OF SECTION 2005-144aa 00020 PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION INVITATION TO BID SECTION 00030 r CITY OF RENTON COMMUNITY SERVICES ADMINISTRATION RIVERVIEW PARK BRIDGE RENOVATION r You are invited to submit a sealed bid for the work associated with the bridge renovation at ,. Riverview Park, 2901 Maple Valley Highway, Renton, Washington. Bids will be received at the Office of the City Clerk, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton, WA, 98055 until 2:30 P.M., Thursday, August 4, 2005. The bids will then be publicly opened and 1„ read aloud in the 5th Floor Conference Room #521 of City Hall. Bids received after the specified time and date will not be considered. to The project work includes removing, repainting, and reinstalling existing handrails; removing and reinstalling some of the guardrail; building new guardrail; demolishing and rebuilding concrete sidewalk; repairing timber piling; replacing timbers; removing timber decking and installing new precast concrete deck panels; replacing steel beams and framing with new longer steel beams to and framing; repainting remaining steel beams and framing in place over the river; removing and replacing rotted pile caps and piling; and installing new concrete abutments at each end of the bridge. err A single contract bid including general and specialty contracts shall be submitted in accordance with the Drawings, Project Manual, and other contract documents. The City reserves the right to to reject any and all bids and waive any informalities or irregularities in the bids received. The estimated construction cost is $185,000.00 including tax. im The City's fair practices/non-discrimination policies and State Prevailing Wage Rates apply to this project. Bid documents will be available Thursday, July 21, 2005, 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 $25 per set. Mailing cost is $15 extra per set. Checks only are accepted, payable to the City of Renton. Questions about up the project shall be addressed to Bill Rasmussen, City of Renton, Community Services Administration, 1055 Grady Way, Fifth Floor, Renton, WA, 98055, phone (425) 430-6617, fax (425) 430-6603. �r A pre-bid site walk-through will be held on Monday, August 1, 2005, at 10:00 AM 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. r END OF SECTION r► 2005-144aa 00030 PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION CALL FOR BIDS SECTION 00040 CITY OF RENTON GENE COULON MEMORIAL BEACH PARK RIVERVIEW PARK BRIDGE RENOVATION CALL FOR BIDS Sealed bids will be received until 2:30 p.m., Thursday, August 4, 2005, at the City Clerk's office, 7th floor, and will be opened and publicly read in the fifth floor conference room, #521, of Renton City Hall, 1055 S. Grady Way, Renton, WA 98055, for the bridge renovation project at Riverview Park, 2901 Maple Valley Highway, Renton, Washington. rr The work, to be performed within ninety (90) calendar days from the date of commencement under this contract, shall include, but not be limited to: Removing, repainting, and reinstalling existing handrails; removing and reinstalling some of the guardrail; building new guardrail; demolishing and rebuilding concrete sidewalk; repairing timber piling; replacing timbers; removing timber decking and installing new precast concrete deck panels; replacing steel beams and framing with new longer steel beams and framing; repainting remaining steel beams and framing in place over the river; removing and replacing rotted pile caps and piling; and installing new concrete abutments at each end of the bridge. Plans and specifications may be examined at local plan centers and obtained at City of Renton Community Services Department on the fifth floor, Renton City Hall, 1055 South Grady Way, Renton, WA 98055, (Ph: 425 430-6600) beginning Thursday, July 21, 2005. A non-refundable amount of $25 (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$15 per set to cover postage. A pre-bid site walk-through will be held on Monday, August 1, 2005, 10:00 a.m., at 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 S. Grady Way, 5th Fl., Renton, WA 98055, or at 425-430-6617. 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 r,r irregularities in bids received. The City's Fair Practices and Non-Discrimination policies and State Prevailing Wage Rates apply to this project. Bonnie I. Walton City Clerk Published: Daily Journal of Commerce July 21 & 28, 2005 ar END OF SECTION rr 2005-144aa 00040 .r PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION SECTION 00110 BIDDER'S CHECKLIST err 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: err 1. Proposal: The bid price shall be stated in terms of a total lump. Illegible figures may invalidate the bid. 00 2. Proposal Signature Sheet To be filled in and signed by the Bidder. 10 3. Bid Bond No bond form other than the form provided within these specifications shall to be acceptable to the contracting agency. The form shall be executed by the Bidder and the surety company unless bid is accompanied by a certified check. The proposal bond shall not be altered, conditioned, or modified in any 1W way. The amount of this bond shall be not less than five percent (5%) of the total amount bid and may be shown in dollars or on a percentage basis. 4. Statement of Bidder's Qualifications 4W To be filled in and signed by the bidder. 5. Non-Collusion Affidavit r To be signed and submitted with the bid. Failure to complete the aforementioned forms and to submit said forms with the bid, shall be due cause for rejection of bid. END OF SECTION rr 4W to ar 2005-144aa 00110 PAGE 1 No to RIVERVIEW PARK BRIDGE RENOVATION INSTRUCTIONS TO BIDDERS SECTION 00200 to PART 1 INSTRUCTIONS TO BIDDERS 1. BIDDERS REPRESENTATIONS No 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. to 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 to 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. to 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 ninety (90) calendar days will be allowed for the construction portion of this project. It is anticipated that Notice to Proceed will be issued thirty (30) days after the receipt of bids. 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 +r. 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. 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 four(4) 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 err 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. +r 4. SUBSTITUTIONS A. The materials, products, and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. +rw 2005-144aa 00200 PAGE 1 s RIVERVIEW PARK BRIDGE RENOVATION INSTRUCTIONS TO BIDDERS SECTION 00200 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 Substitutions. 5. PREPARATION OF BIDS Each bid must be submitted on the enclosed form (Bid Form, Section 00310). 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 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 executed items in the Bidder's Checklist, Section 00110. 6. SUBMISSION OF BIDS A. Each bid must be submitted in a sealed envelope bearing on the outside the name of r the bidder, his address, and the name: "Riverview Park Bridge Renovation-Sealed Bid Enclosed" 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. C. Bids shall be submitted to the City Clerk's Office, Renton City Hall, 1055 South Grady Way, Seventh Floor. Bids will be received until 2:30 pm, Thursday, August 4, 2005. D., No telegraphic or fax modifications will be allowed. 40 7. OPENING OF BIDS Bids shall be publicly opened and an abstract of the Bids made available to the Bidders. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bids received. The City further reserves the right to Award a Contract in whatever manner is in the City's best interest. 8. 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. to 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. 2005-144aa 00200 PAGE 2 to RIVERVIEW PARK BRIDGE RENOVATION INSTRUCTIONS TO BIDDERS SECTION 00200 9. POST BID INFORMATION AND DOCUMENT SUBMITTAL A. The Bid Guarantee shall be a certified check, a cashier's check, or a bid bond made payable to the Owner for an amount equal to at least 5% of the Base Bid. The Owner reserves the right to hold the bid guarantees of all bidders until the successful bidder has entered into the contract and furnished the required guarantee bond, or for a period of 45 days, whichever is the shorter time. B. 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: �r Standard Form of Agreement—AIA Form A101 • 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 C. 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 �r retained by the Owner as liquidated damages, not as a penalty. 10. NOTICE TO PROCEED 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. 11. TIME OF CONSTRUCTION After the designated date of Start of Work, the Contractor shall proceed with promptness and diligence. All work shall be physically complete within sixty (60) calendar days of Notice to Proceed, unless otherwise notified by Owner. 12. LIQUIDATED DAMAGES For each calendar day after date established by the above allowed time that any portion of the work remains incomplete (in the City's sole judgment), the sum of one thousand five hundred dollars ($1,500) is the agreed liquidated damages incurred by the City for failure of the Contractor to meet the scheduled completion dates. 13. 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. .r wW w 2005-144aa 00200 PAGE 3 RIVERVIEW PARK BRIDGE RENOVATION INSTRUCTIONS TO BIDDERS SECTION 00200 14. QUALIFICATIONS OF BIDDING A. Each bidder must furnish a statement of his construction experience and general ability to perform the work on the "Statement of Bidder's Qualifications" form included in the Specifications. B. The Owner may take such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligation of the contract and to complete the work contemplated therein. In addition, the Contractor covenants that he is registered and licensed as required by the laws of the State of Washington. 15. QUALIFICATIONS OF SUBCONTRACTORS The Owner reserves the right to approve or reject the subcontractors identified in the Bid to Forms, after bid opening, providing the Contractor has the right to decide not to enter into the contract if the Owner so exercises the right to disqualify a subcontractor. 16. SECURITY FOR FAITHFUL PERFORMANCE 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 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. 17. CITY OF RENTON It should be noted that the City of Renton as project Owner is distinct in dealings and responsibilities from the City of Renton as building official and regulatory agency regarding compliance with existing ordinances, etc. 18. EQUAL OPPORTUNITY EMPLOYER The City of Renton is an Equal Opportunity Employer. END OF SECTION rI 40 2005-144aa 00200 PAGE 4 di RIVERVIEW PARK BRIDGE RENOVATION BID FORM SECTION 00310 FORM OF PROPOSAL ( BID ) for the RIVERVIEW PARK BRIDGE RENOVATION 2901 Maple Valley Highway Renton, Washington Bids Due: Thursday, August 4, 2005—2:30 p.m. wr to To: Renton City Hall City Clerk, Seventh Floor 1055 South Grady Way it Renton, WA 98055 The undersigned hereby certifies that they have carefully examined the Contract Documents as defined in the General Conditions entitled "Riverview Park Bridge Renovation," 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 that 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. The following breakdown of the Total Bid Amount is to be given. The price breakdown shall be fairly apportioned to the various parts of the work and shall meet with the Owner's approval. If so requested by the Owner, 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. wr 2005-144aa 00310 +r PAGE 1 .4 RIVERVIEW PARK BRIDGE RENOVATION ' BID FORM SECTION 00310 A. BASE BID SCHEDULE ITEM APPROX. NAME OF PAY ITEM WITH AMOUNT(inc.WSST) NO. QUANTITY UNIT BID PRICE DOLLARS CENTS WRITTEN IN WORDS 1 1 Mobilization: —Lump Sum 2 1 Demolition: Lump Sum 3 1 Earthwork: Lump Sum 4 1 Cast-in-Place Concrete Structures: Each 5 1 Concrete Panels: Lump Sum 6 1 Metal Fabrications: Lump Sum 7 1 Timber Structures: Lump Sum 8 1 Repainting Existing Steel: Lump Sum 9 1 Project Cleanup and Closeout: s Lump Sum r TOTAL AMOUNT OF BASE BID (inc.WSST) TOTAL BID AMOUNT IN WORDS 2005-144aa 00310 n PAGE 2 i,h 1 RIVERVIEW PARK BRIDGE RENOVATION BID FORM SECTION 00310 B. PRINCIPAL SUBCONTRACTORS: The undersigned proposes to use the following subcontractors to complete the work as shown on the drawings and described in the specifications. III FIRM TASK VALUE OF WORK C. CONDITIONS OF PROPOSAL: 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. it D. PERIOD OF BID VALIDITY/ACCEPTANCE OF BID 1. BID VALIDITY The undersigned hereby agrees that this BID as described in paragraph "A " shall be valid and firm offerings for the period of forty-five (45) days from closing time for the "Receipt Of Bids." 2. BID ACCEPTANCE io 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 w" with a request to furnish a bond, evidence of insurance to execute the agreement set forth in the Contract Documents, and other designated documents. as E. EXECUTION OF CONTRACT w 1. If written "Notice of Intent to Award Contract" is mailed, telegraphed, facsimile, or delivered to the undersigned within the "period of Bid Validity" noted above, or any time thereafter before this Bid is withdrawn, the undersigned will, within ten (10) days after the date of such notification, execute a Contract in the form of the AIA Document A101 "STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR - STIPULATED SUM", 1997 edition. 2005-144aa 00310 PAGE 3 RIVERVIEW PARK BRIDGE RENOVATION lid BID FORM SECTION 00310 2. /f 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 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 Individual Proprietorship, the name of the owner should appear, followed by d/b/a and the name of company. F. TIME FOR COMPLETION The undersigned hereby agrees to "FINAL COMPLETION" of all Work outlined in the Contract Documents within niney (90) calendar days after receipt of Notice to Proceed. G. LIQUIDATED DAMAGES If the Contractor fails to complete the Work by the FINAL COMPLETION DATE (or such extension of that date which might be granted by the Owner), he agrees to abide by all provisions of the Contract including Section 01700—Project Administration and Closeout. In addition, Liquidated Damages in the amount of one thousand five hundred dollars ($1,500) will be assessed for each calendar day that the Contractor exceeds the "FINAL COMPLETION DATE." H. ADDENDUM RECEIPT Receipt of the following "ADDENDA"to the CONTRACT DOCUMENTS is acknowledged: Addendum No. Date Addendum No. Date Addendum No. Date I. EXECUTION OF PROPOSAL Name of Firm State License Registration No. Address City State Zip Code Telephone ( ) FAX ( ) 2005-144aa 00310 PAGE 4 r RIVERVIEW PARK BRIDGE RENOVATION BID FORM SECTION 00310 The undersigned designates the above as the firm and address to which "NOTICE OF rs CONTRACT AWARD" may be mailed, hand delivered or delivered via facsimile. NOTE: If a Bidder is a corporation, write state of incorporation; and if a partnership, give full names and addresses of all partners below: Ilr The undersigned certifies that the above is a firm and valid BID to accomplish all Work and comply with all requirements of the Contract Documents. Date Signature Signed Printed Title �r J. ENCLOSURES PROVIDED BY CONTRACTOR The Contractor shall provide the following enclosure with this Form of Proposal: rrr 1. Non-Collusion Affidavit (located in this Specification Section 00400). 2. Assignment of Antitrust Claims To Purchaser (located in this Specification Section 00400). 3. Minimum Wage Affidavit Form, (located in this Specification Section 00400). 4. Statement of Bidder's Qualifications (located in this Specification Section 00420). 5. Bid Bond Form (located in this Specification Section 00500). 11r. END OF BID FORM w.► 2005-144aa 00310 PAGE 5 RIVERVIEW PARK BRIDGE RENOVATION NON-COLLUSION AFFADAVIT/MINIMUM WAGE FORM SECTION 00400 NON-COLLUSION AFFIDAVIT ,,, Being duly swom,deposes and says,that he is the identical person who submitted the forgoing proposal or bid,and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named,and further,that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid,or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over the other Bidder or Bidders. AND CERTIFICATION RE:ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually borne by the purchaser. Therefor,vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract,except as to overcharges resulting from anti-trust violations commencing after the date of the bid,quotation,or other event establishing the price under this order or contract. In addition,vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM +�r I,the undersigned,having been duly sworn,deposed,say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer,workman,or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract:that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: NON-COLLUSION AFFIDAVIT,ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT: RIVERVIEW PARK BRIDGE RENOVATION +r Name of Bidder's Firm rMl Signature of Authorized Representative of Bidder Subscribed and sworn to before me on this day of .2005. Notary Public in and for the State of Washington Residing at: END OF SECTION 2005-144aa 00400 PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 STATEMENT OF BIDDERS QUALIFICATIONS Name of Contractor.............................................................................................................:............................. Address: ........................................................................................................................................... im .............................................................................................................................................. PhoneNumber: ................................................. Fax: ................................................. Washington State Department of Labor and Industries Workmen's Compensation Account No.: ........................................................................................................................................................... trr 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: ................................................................................ it Gross dollar amount of contracts not completed: .......................................................................... Type of work generally performed by contractor: ......................................................................... . ........................................................................................................................................................... wr 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 rr Project Name Agency Phone No. Completed Amount iw .................................... ....................................... ................................ ................. ................... ............................... ....................................... ................................ ................. ................... .................................... ....................................... ................................ ................... . ................. ................................ ................. ................... .................................... ....................................... ................................ ................. ................... 2005-144aa 00420 PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 At 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 ........................................................................................................................................................... BankReferences:............................................................................................................................... Have you changed bonding companies within the last three years................................................... Ifso,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: .............................................................................................................................. ........................................................................................................................................................... so ........................................................................................................................................................... Dispositionof case, if settled: ............................................................................................................ 41d ........................................................................................................................................................... Name of Superintendent to be used on the project and how long with your company:..................... Bidder: ............................................................................................. (Printed Name of Bidder) By: ................................................................................................ (Signature of Authorized Official) Title: ................................................................................................ END OF SECTION 2005-144aa 00420 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION BID BOND FORM SECTION 00500 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. Sign here: 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 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 l► 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. +rrr SIGNED, SEALED AND DATED THIS DAY OF 20_ to Principal i Surety Received return of deposit in the sum of$ OW END OF SECTION 2005-144aa 00500 Sri PAGE 1 rr' RIVERVIEW PARK BRIDGE RENOVATION GENERAL CONDITIONS SECTION 00705 1. GENERAL CONDITIONS OF THE CONTRACT A. STANDARD FORM The General Conditions of the Contract for Construction, AIA Document A201 as 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 00810. r END OF SECTION "GENERAL CONDITIONS of the CONTRACT for CONSTRUCTION," PAGES 1-39 FOLLOW THIS SECTION ow dw ow 2005-144aa 00705 PAGE 1 1W f 1A Document A201 TM — 1997 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or-address): 'blank documents lint THE OWNER: ADDITIONS AND DELETIONS: (Name and address): The author of this document has added information needed for its completion.The author may also have revised the text of the THE ARCHITECT: original AIA standard form.An (Name and 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. TABLE OF ARTICLES � _ ,a A vertical line in the left margin of this document indicates where A GENERAL'PROVISIONS the author has added necessary information and where the author 2 OWNER has added to or deleted from the original AIA text. 3' CONTRACTOR This document has important legal consequences. 4 ADMINISTRATIQN'OF THE CONTRACT Consultation with an attorney is encouraged with respect to 5 SUBCONTRACTORS its completion or modification. rr 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS This document has been approved and endorsed by The Associated General Contractors 7 CHANGES IN THEr4VORIC , of America 8 TIME 9 PAYMENTS AND COMPLETION do 10 PROTECTION OF I PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 2W 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT sir AIA Document A201TM—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale 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 N0.10001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) tl» INDEX 3.1.3,4.2,4.3.4,4.4,9.4,9.5 (Numbers and Topics in Bold are Section Headings) Architect's Approvals 2.4,3.1.3,3.5.1,3.10.2,4.2.7 Acceptance of Nonconforming Work Architect's Authority to Reject Work 9.6.6,9.9.3,12.3 3.5.1,4.2.6, 12.1.2, 12.2.1 Acceptance of Work Architect's Copyright 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 1.6 Access to Work Architect's Decisions 3.16,6.2.1,12.1 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, Accident Prevention 4.4.6,4.5,6.3,7.3.6,7.3.8, 8.1.3,8.3.1,9.2,9.4, 4.2.3, 10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Acts and Omissions Architect's Inspections 3.2,3.3.2,3.12.8, 3.18,4.2.3,4.3.8,4.4.1,8.3.1, 4.2.2,4.2.9,4.3.4,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 9.5.1, 10.2.5, 13.4.2, 13.7, 14.1 Architect's Instructions Addenda 3.2.3,3.3.1,4.2.6,4.2.7,4.2.8,7.4.1, 12.1, 13.5.2 t1f� 1.1.1,3.11 Architect's Interpretations Additional Costs,Claims for 4.2.11,4.2.12,4.3.6 `1 4.3.4,4.3.5,4.3.6, 6.1.1, 10.3 ` Architect's Project Representative Additional Inspections and Testing 4.2.10 9.8.3, 12.2.1, 13.5 Architect's Relationship with Contractor Additional Time,Claims for 1.1.2, 1.6, 3.1.3,3.2.1, 3.2.2,3.2.3,3.3.1,3.4.2, 3.5.1, 4.3.4,4.3.7,8.3.2 3.7.3,3.10, 3.11,3.12,3.16,3.18,4.1.2,4.1.3,4.2, ADMINISTRATION OF THE CONTRACT 4.3.4,4.4.1,4.4.7,5.2, 6.2.2,7, 8.3.1,9.2,9.3,9.4, 3.1.3,4,9.4,9.5 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.43, 12, 1 Advertisement or,Invitation to;�Bid 13.4.2, 13.5 1.1.1 Architect's Relationship with Subcontractors Aesthetic Effect 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.4.7 4.2.13,4.5.1 Architect's Representations Allowances 9.4.2,9.5.1,9.10.1 3,8 Architect's Site Visits All-risk Insurance 4.2.2,4.2.5,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 11.4.1.1 13.5 Applications for Payment Asbestos 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,"9.7.1,9.8.5, 10.3.1 9.10, 11.1.3,14.2.4, 14.4.3 Attorneys' Fees Approvals 3.18.1,9.10.2, 10.3.3 , 2.4, 3.1.3,3.5,3.10.2,3.12,4.2.7,9.3.2,'13.4.2, 13.5 Award of Separate Contracts Arbitration 6.1.1,6.1.2 4.3.3,4.4,4.5.1,4.5.2,4.6,8.3.1,9.7.1, 11.4.9, Award of Subcontracts and Other Contracts for , 11.4.10 Portions of the Work ' Architect 5.2 4.1 Basic Definitions Architect,Definition of 1.1 4.1.1 Bidding Requirements Architect,Extent of Authority 1.1.1, 1.1.7,5.2.19 11.5.1 2.4, 3.12.7,4.2,4.3.6,4.4,5.2,6.3,7.1.2,7.3.6,7.4, Boiler and Machinery Insurance 9.2, 9.3.1,9.4,9.5,9.8.3,9.10.1, 9.10.3, 12.1, 12.2.1, 11.4.2 13.5.1, 13.5.2, 14.2.2, 14.2.4 Bonds,Lien Architect,Limitations of Authority and 9.10.2 Responsibility Bonds,Performance,and Payment lit 2.1.1,3.3.3,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1, 7.3.6.4,9.6.7,9.10.39 11.4.9, 11.5 4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,4.4, Building Permit 5.2.1,7.4,9.4.2,9.6.4,9.6.6 3.7.1 Architect's Additional Services and Expenses Capitalization 2.4, 11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 1.3 Architect's Administration of the Contract Certificate of Substantial Completion AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Al a Document Is protected by U.S.copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 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) om Am 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 f` Certificates of Inspection,Testing or Approval 4.3.4,8.3.1, 10.3 13.5.4 Conditions of the Contract Certificates of Insurance 1.1.1, 1.1.7,6.1.1, 6.1.4 9.10.2, 11.1.3 Consent,Written Change Orders 1.6,3.4.2, 3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 1.1.1,2.4.1,3.4.2, 3.8.2.3,3.11.1, 3.12.8,4.2.8,4.3.4, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 4.3.9,5.2.3,7.1,7.2,7:3,8.3.1,9.3.1.1,9.10.3, CONSTRUCTION BY OWNER OR BY 11.4.1.2, 11.4.4, 11.4.9, 12.1.2 SEPARATE CONTRACTORS Change Orders,Definition:of 1.1.4,6 7.2.1 Construction Change Directive,Definition of CHANGES IN THE WORK 7.3.1 w 3.11,4.2.8,7, 8.3.1,9.3.1:1;11.4.9 Construction Change Directives Claim,Definition of 1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 4.3.1 Construction Schedules,Contractor's Claims and Disputes 1.4.1.2,3.10,3.12.1, 3.12.2,4.3.7.2,6.1.3 3.2.3,4.3,4.4,4.-5,4:6,-6.L-1,'6.3,7.3.8,9.3.3,9.10.4, Contingent Assignment of Subcontracts 10.3.3 5.4,14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance ttw 4:6.5 4.3.3 Claims for Additional Cost Contract,Definition of 3.2.3,4.3.4,4:3.5;4 3 6,6'>1.17.3.8, 10.3.2 1.1.2 Claims "for Additional Time CONTRACT,TERMINATION OR 3.2.3,4.3.4,4.3.7,:6,1:1,8.3.2;.;10.3.2 SUSPENSION OF THE Claims for Concealed or Unknown Conditions 5.4.1.1, 11.4.9, 14 4.3-.4 Contract Administration Claims for Damages 3.1.3,4,9.4,9.5 3.2.3,3.18,4.3.10,,6.-1J1,,,8.3.3,9.5.1,9.6.7, 10.3.3, Contract Award and Execution,Conditions Relating 11.1.1, 11.4.5, 11-4.7,1,141 .1.3, 14.2.4 to Claims Subject to Arbitration 3.7.1,3.10,5.2,6.1, 11.1.3, 11.4.6, 11.5.1 4.4.1,4.5.1,4.6.1 Contract Documents,The Cleaning UP 3.15,6.3 Contract Documents,Copies Furnished and Use of tir Commencement of Statutory Limitation Period 1.6,2.2.5,5:3 13.7 Contract Documents,Definition of Commencement of the Work,Conditions Relating to 2.2.1,3.2.1,3.4.1, 3.7:1,3.10.1, 3.12.6,4.3.5,5.2.1, Contract Sum 5.2.3,6.2.2,8.1.2, 8.2:2,8.3.1, 11.1, 11.4.1, 11.4.6, 3.8,4.3.4,4.3.5,4.4.5,5.2.3,7.2,7.3,7.4,9.1,9.4.2, 11.5.1 9.5.1.4,9.6.7,9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2 Commencement of the Work,Definition of Contract Sum,Definition of 8.1.2 9.1 art Communications Facilitating Contract Contract Time Administration 4.3.4,4.3.7,4.4.5,5.2.3,7.2.1.3,7.3,7.4,8.1.1, 8.2, 3.9.1,4.2.4 8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 14.3.2 Completion,Conditions Relating to Contract Time,Definition of 1.6.1,3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8, 8.1.1 9.9.1,9.10, 12.2, 13.7, 14.1.2 CONTRACTOR COMPLETION,PAYMENTS AND 3 err 9 Contractor,Definition of Completion,Substantial 3.1,6.1.2 4.2.9,8.1.1, 8.1.3, 8.2.3,9.4.2,9.8,9.9.1,9.10.3, Contractor's Construction Schedules 9.10.4.2, 12.2, 13.7 1.4.1.2,3.10,3.12.1, 3.12.2,4.3.7.2,6.1.3 Compliance with Laws Contractor's Employees 4111110 AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. 3 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 15:08:04 on 08/18/2004 under Order No.1 0001 17582_1 which expires on 5/10/2005,and is not for resale. 40 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 11.1 3.14.2, 6.2.4,9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, Contractor's Relationship with Separate Contractors 11.4, 12.2.4 and Owner's Forces Damage to the Work 3.12.5,3.14.2,4.2.4,6, 11.4.7, 12.1.2, 12.2.4 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.2.4 Contractor's Relationship with Subcontractors Damages,Claims for 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, 3.2.3,3.18,4.3.10, 6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.4.1.2, 11.4.7, 11.4.8 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 'Contractor's Relationship with the Architect Damages for Delay 1.1.2, 1.6,3:1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2, 3.5.1, 6.1.1,8.3.3,9.5.1.6,9.7, 10.3.2 3.7.3,3.10,1,11, 3.12,3.16,3.18, 4.1.2,4.1.3,4.2, Date of Commencement of the Work,Definition of 4.3.4,4.4.1,4.4.7,5.2,6.2.2,7, 8.3.1,9.2,9.3,9.4, 8.1.2 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, Date of Substantial Completion,Definition of 13.4.2,13.5 8.1.3 Contractor's Representations Day,Definition of 1.5.2,3:5.1,3.,12:6,'6.2.2,8.2.1,9.3.3,9.8.2 8.1.4 Contractor's Responsibility for Those Performing the Decisions of the Architect Work 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, 33.2,3- 18,42.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, 4.4.6,4.5,6.3,7.3.6,7.3.8, 8.1.3, 8.3.1,9.2,9.4, 10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Contractor's Review of Contract Documents Decisions to Withhold Certification I) 1:5.2,3.2,13.7 3 9.4.1,9.5,9.7, 14.1.1.3 Contradtor'svRight to Stop the Work Defective or Nonconforming Work,Acceptance, 9 7 Rejection and Correction of Contraetor'?s Right to Terminate the Contract 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.5.2,9.6:6,9.8.2, 4.3 10;14:1 9.9.3,9.10.4, 12.2.1, 13.7.1.3 Contractor's Submittals Defective Work,Definition of 3.10,3.1"1,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2,9.3, 3.5.1 9.18.2,,9,S3,9.9.1,9.10.2,9.10.3, 11.1.3, 11.5.2 Definitions Contractor's'Superintendent 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 19,10.16 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1, 9.1,9.8.1 Contractor's Supervision and Construction Delays and Extensions of Time Procedures 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, '1.2.2,3.3,3.4,3.12.10,4.2:2,4.2.7,4.3.3,6.1.3, 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 1 6:2.41,7.1.3,7.3:4,'7.3.6,8.2, 10, 12, 14 Disputes "' Contractual Liability Insurance 4.1.4,43,4.4,4.5,4.6, 6.3,7.3.8 11.1.1,8, 11.2, 11.3 Documents and Samples at the Site Coordination and Correlation 3.11 1 2„1 5.2,3.3.1,3.10,3.12.6,6.1.3,6.2.1 Drawings,Definition of Copies Furnished of Drawings and Specifications 1.1.5 1.6,2.2.5,3.11 Drawings and Specifications,Use and Ownership of Copyrights 1.1.1, 1.3,2.2.5,3.11,5.3 1.6,3.17 Effective Date of Insurance Correction of Work 8.2.2, 11.1.2 2.3,2.4,3.7.4,'4.2.1,9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2, Emergencies 12.2, 13.7.1.3 4.3.5,10.6? 14.1.1.2 Correlation and Intent of the Contract Documents Employees,Contractor's 1.2 3.3.2,3.4.3,3.8.1, 3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, Cost,Definition of 11.1.1, 11.4.7, 14.1, 14.2.1.1 7,316 Equipment,Labor,Materials and Costs 1.1.3, 1.1.6,3.4,3.5.1, 3.8.2, 3.8.3,3.12,3.13,3.15.1, 2.4, 3.2.3,3.7.4,3.8.2,3.15.2,4.3,5.4.2,6.1.1,6.2.3, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, 7.3.3.3,7.3.6,7.3.7,7.3.8,9.10.2, 10.3.2, 10.5, 11.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 11.4, 12.1, 12.2.1, 12.2.4, 13.5, 14 Execution and Progress of the Work Cutting and Patching AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. (3552668520) User Notes: trr 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 110 3.10,3.12, 3.14,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3,7.3.4, Liability 8.2,9.5,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 11.3 Extensions of Time Insurance,Property am 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3,7.4.1, 10.2.5, 11.4 9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 Insurance,Stored Materials Failure of Payment 9.3.2, 11.4.1.4 4.3.6,9.5.1.3,9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6 INSURANCE AND BONDS Faulty Work 11 (See Defective or Nonconforming Work) Insurance Companies,Consent to Partial Occupancy Final Completion and Final Payment 9.9.1, 11.4.1.5 4.2.1,4.2.9,4.3.2,9.8.2,'9.10, 11.1.2, 11.1.3, 11.4.1, Insurance Companies,Settlement with 11.4.5, 12.3.1, 13.7,14.2.4, 14.4.3 .11.4.10 Financial Arrangements,Owner's Intent of the Contract Documents 2.2.1, 13.2.2, 14.1.1.5 1.2.1,4.2.7,4.2.12,4.2.13,7.4 40 Fire and Extended Coverage Insurance Interest 11.4 13.6 GENERAL PROVISIONS Interpretation 1 1.2.3,1.4,4.1.1,4.3.1,5.1, 6.1.2, 8.1.4 Governing Law Interpretations,Written 13.1 4.2.11,4.2.12,4.3.6 Guarantees (See Warranty) Joinder and Consolidation of Claims Required Hazardous Materials 4.6.4 10.2.4, 10.3, 10.5 Judgment on Final Award Identification of ContracuDocuments 4.6.6 .1.5.1 Labor and Materials,Equipment Identification of Subcontractors,and Suppliers 1.1.3, 1.1.6,3.4,3.5.1,3.8.2, 3.8.3,3.12, 3.13,3.15.1, 5.2.1 42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, Indemnification 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 yam" 3.17,3.18,9.10.2, 10.3.3, 10.5, 11.4.1.2, 11.4.7 Labor Disputes Information and;Services"Required of the Owner 8.3.1 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, Laws and Regulations 6.1.4,6.2.5,9.3.2, 9.6:1,9:6.4,9.9.2,'9.10.3, 10.3.3, 1.6,3.2.2,3.6,3.7,3.12.10, 3.13,4.1.1,4.4.8,4.6, ` 11.2, 11.4, 13.5.1,13.5.2, 14.1."1.4,14.1.4 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, Injury or'Damage.to Person or Property 13.5.2, 13.6, 14 4.3.89 10.2, 10.6 Liens rrr Inspections 2.1.2,4.4.8, 8.2.2,9.3.3,9.10 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.2, Limitation on Consolidation or Joinder 9.8.3,9.9.2,9.10.1, 12.2.1,`13:5 4.6.4 Instructions to Bidders Limitations,Statutes of *a 1.1.1 4.6.3, 12.2.6, 13.7 Instructions to the Contractor Limitations of Liability 3.2.3,3.3.1,3.8.1,4.2:8,5.2.1,7,°12, 8.2.2, 13.5.2 2.3,3.2.1,3.5.1,3.7.3, 3.12.8,3.12.10,3.17,3.18, Insurance 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2, 9.6.4, 9.6.7,9.10.4, 3.18.1,6.1.1,7.3:6,'8.2.1,9.3.2,9.8.4,9.9.1,9.10.2, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 9.10.5, 11 Limitations of Time Insurance,Boiler and Machinery 2.1.2,2.2,2.4,3.2.1,3.7.3, 3.10, 3.11,3.12.5,3.15.1, 11.4.2 4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.4,7.3, 7.4, Insurance,Contractor's Liability 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5, 9.6,9.7,9.8,9.9, 11.1 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, Insurance,Effective Date of 13.7, 14 8.2.2, 11.1.2 Loss of Use Insurance Insurance,Loss of Use 11.4.3 11.4.3 Material Suppliers Insurance,Owner's Liability 1.6,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 11.2 Materials,Hazardous 10.2.4; 10.3, 10.5 i AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale 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. Now User Notes: (3552668520) 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, i 1.1.3, 1.1.6, 1.6.1, 3.4, 3.5.1, 3.8.2,3.8.23, 3.12, 3.13, 4.1.3,4.2.4,4.2.9,4.3.6,4.4.7, 5.2.1,5.2.4,5.4.1, 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1, 7.3.6,9.3.2,9.3.3, 6.1,6.3,7.2.1,7.3.1,8.2.2, 8.3.1,9.3.1,9.3.2,9.5.1, 9.5.1.3,9.10.2, 10.2.1, 10.2.4, 14.2.1.2 9.9.1,9.10.2, 10.3.2, 11.1.3, 11.3.1, 11.4.3, 11.4.10, Means,Methods,Techniques,Sequences and 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Procedures of Construction Owner's Financial Capability 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 2.2.1, 13.2.2, 14.1.1.5 Mechanic's Lien Owner's Liability Insurance 4.4.8 11.2 Mediation Owner's Loss of Use Insurance 4.4.1,4.4.5,4.4.6,4.4.8,4.5,4.6.1,4.6.2,8.3.1, 10.5 11.4.3 Minor Changes in the Work Owner's Relationship with Subcontractors 1.1.1,3.12.8,`4.2.8,4.3:6,7.1,7.4 1.1.2,5.2,5.3,5.4, 9.6.4,9.10.2, 14.2.2 MISCELLANEOUS PROVISIONS Owner's Right to Carry Out the Work 13 2.4,12.2.4. 14.2.2.2 Modifications,Definition of Owner's Right to Clean Up 1.1.1 6.3 Modifications to the Contract Owner's Right to Perform Construction and to 1.1.1, 1.1.2,3:73,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1, Award Separate Contracts 9.7, 10.3.2,41.4 1 6.1 Mutual Responsibility Owner's Right to Stop the Work 6.2 2.3 Nonconforming Work,Acceptance of Owner's Right to Suspend the Work 9.6.6,9.9.3,12.-3 14.3 Nonconformtng'Work,=Rejection and Correction of Owner's Right to Terminate the Contract 2.3,2.4,15. 4 2 6„6:2.5,9.5.1, 9.8.2,9.9.3,9.10.4, 14.2 12.2.1, 137:1.3 Ownership and Use of Drawings,Specifications Notice and Other Instruments of Service 2.2.1,2.3,2:4,323,3.3.1,3.7.2, 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 4.4.8,4:6:5,`5.2.1, 8.2:2,9.7,9.10, 10.2.2, 11.1.3, Partial Occupancy or Use 11.4.6,12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14.1, 14.2 9.6.6,9.9, 11.4.1.5 Notice,`Written Patching,Cutting and 2.3,2.4,3.3:11'3.9,3:1"2:9,3.12.10,4.3,4.4.8,4.6.5, 3.14,6.2.5 5.2.1,8.2.2,9.7 9.10,10.2.2, 10.3, 11.1.3, 11.4.6, Patents 12.2.2, 122.4,,113 44 3.17 Notice of Testangzand Inspections Payment,Applications for 13.5.1,13.51 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, Notice to Proceed 9.10.1,9.10.3,9.10.5, 11.1.3, 14.2.4, 14.4.3 8.2.2 Payment,Certificates for Notices,Permits,Fees and 4.2.5,4.2.9,9.3.3,9.4, 9.5,9.6.1,9.6.6,9.7.1, 9.10.1, 2.2.2,3.7,3,13,7.3:6.4;10.2.2 9.10.3, 13.7, 14.1.1.3, 14.2.4 Observations,'Contractor's Payment,Failure of 1.5.2,3.2,3.7.3,4.3.4 4.3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Occupancy Payment,Final . 2.2.2,9.6.6,.9.8,"11:4.1.5 4.2.1,4.2.9,4.3.2,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, Orders,Written 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 1.1.1,2.3,3.9,4.3.6,7,8.2.2, 11.4.9, 12.1, 12.2, Payment Bond,Performance Bond and 13.5.2, 14.3.1 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 OWNER Payments,Progress 2 4.3.3,9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3 Owner,Definition of PAYMENTS AND COMPLETION 2.1 9 Owner,Information and Services Required of the Payments to Subcontractors 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3, 6.1.3, 5.4.2,9.5.1.3,9.6.2,9.6.3, 9.6.4,9.6.7, 11.4.8, 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 14.2.1.2 ► 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 PCB Owner's Authority 10.3.1 AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 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, 6 Unauthorized reproduction or distribution of this AiA'8' 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, 114.9, 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 r PERSONS AND PROPERTY,PROTECTION Samples by Contractor OF 3.12 10 Rights and Remedies 1.1.2,2.3,2.4, 3.5.1,3.15.2,4.2.6,4.3.4,4.5,4.6,5.3, • Polychlorinated Biphenyl 5.4,6.1,6.3,7.3.1, 8.3,9.5.1,9.7, 10.2.5, 10.3, 10.3.1 12.2.2, 12.2.4, 13.4, 14 Product Data,Definition of Royalties,Patents and Copyrights 3.12.2 3.17 Product Data and Samples,Shop Drawings Rules and Notices for Arbitration 3.11,3.12,4.2.7 4.6.2 Progress and-Completion Safety of Persons and Property t 4.212,4.3.3,8.2,9.8,9.9.1, 14.1.4 10.2,10.6 Progress Payments Safety Precautions and Programs 4.3.3,9.3,.9:6, 9.8.5,9.10.3, 13.6, 14.2.3 3.3.19 4.2.2,4.2.7,5.3.1,10.19 10.2, 10.6 Project,Definition of the Samples,Definition of 1.1 A 3.12.3 Project Management Protective Liability Samples,Shop Drawings,Product Data and Insurance 3.11,3.129 4.2.7 as 11.3 Samples at the Site,Documents and 1?rtject Manual,Definition of the 3.11 1.1.7 Schedule of Values roject:Manuals 9.2,9.3.1 2.2.5 , Schedules, Project Representatives 1.4.1.2,3.10,3.Constructionl2.1,3.12.2,4.3.7.2, 4.2.10 6.1.3 Property'Insurance Separate Contracts and Contractors ;10.2:59 11;4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6, 8.3.1, PROOTECTION OF PERSONS AND:PROPERTY 11.4.79 12.1.2, 12.2.5 10 Shop Drawings,Definition of Regulations.and Laws 3.12.1 1.6,322,3 6,3.7,3.12.10,3.13,4:1.1,4.4.8,4.6, Shop Drawings,Product Data and Samples 9.6.4,-9.9.1, 10.2.2,11.1, 11.4, 13.1, 13.4, 13.5.1, 3.11,3.12,4.2.7 aw 13.5:2;13.6, 14 Site,Use of Rejection of Work 3.13,6.1.1,6.2.1 3.5.1,42:6, 12.2.1 Site Inspections Releases and Waivers of Liens 1.2.2,3.2.1,3.3.3,3.7.1,4.29 4.3.4,9.4.2,9.10.1, 13.5 err 9.;10.2 Site Visits,Architect's Representations 4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2, 9.10.1, 13.5 1.5.2,3.5.1, 3.12.6,6.2.2, 8.2.1,9.3.3,9.4.2,9.5.1, Special Inspections and Testing 9.8.2,9.10.1 4.2.6, 12.2.1, 13.5 r Representatives Specifications,Definition of the 2:11,3.1.1, 3.9,4.1.1,4.2.1,4.2.10,5.1.1,5.1.2, 1.1.6 13.2.1 Specifications,The I& Resolution of Claims and Disputes 1.1.1, 1.1.6, 1.1.7, 1.2.2, 1.6, 3.11,3.12.109 3.17 4.4,4.5,4.6 Statute of Limitations Responsibility for Those Performing the Work 4.6.3, 12.2.6, 13.7 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, Stopping the Work 10 2.3,4.3.6, 9.7, 10.3, 14.1 Retainage Stored Materials 9.3.1,9.6.2, 9.8.5,9.9.1,9.10.2,9.10.3 6.2.1,9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 as 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 I AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 5 TERMINATION OR SUSPENSION OF THE Subcontractors,Work by CONTRACT 1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2, 14 9.6.7 Tests and Inspections Subcontractual Relations 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 5.3,5.4,9.3.1.2,9.6,9.1010.2.1,11.4.7,11.4.8,14.1, 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, 11.4.5, 11.4.7 Time Limits Substantial Completion 2.1.2,2.2,2.4,3.2.1, 3.7.3, 3.10,3.11,3.12.5,3.15.1, 4.2.9, 8.1.1,8.1.3, 8.2.3,9.4.2,9.8,9.9.1,9.10.3, 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4, 6.2.4,7.3,7.4, 9.10.4.2, 12.2, 13.7 8.2,9.2,9.3.1,9.3.3,9.4.1, 9.5,9.6,9.7,9.8,9.9, Substantial Completion,Definition of 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, I 9.8.1 13.7, 14 Substitution of Subcontractors Time Limits on Claims 5.2.3,5.2.4 4.3.2,4.3.4,4.3.8,4.4,4.5,4.6 Substitution of Architect Title to Work 4:1.3 9.3.2,9.3.3 Substitutions of Materials UNCOVERING AND CORRECTION OF 3.4.2, 3.5.1,7.3.7 WORK Sub-subcontractor,Definition,of 12 5.1.2 Uncovering of Work Subsurface Conditions : , 12.1 4.3:4 Unforeseen Conditions Successors and Assigns. 4.3.4,8.3.1, 10.3 112 Unit Prices Superintendent 4.3.9,7.3.3.2 39,10.2.6 Use of Documents Supervision and Construction Procedures 1.1.1, 1.6,2.2.5, 3.12.6,5.3 1.2.2,3.3,3.4,3.12.10,4:2.2,4.2.7,43.3,6.1.3, Use of Site 6.2:4,7.1.3,7.3.6, 8.2, 8.3.1,9:4.2, 10 12, 14 3.13,6.1.1,6.2.1 Surety Values,Schedule of 4.4.7,5.4.1.2,9.8.5,9.10.2,9.10.3, 14.2.2 9.2,9.3.1 Surety,Consent of Waiver of Claims by the Architect 9.10.2,9.10.3 13.4.2 Surveys Waiver of Claims by the Contractor 1 2.2.3 4.3.10,9.10.5, 11.4.7, 13.4.2 Suspension by the Owner for Convenience Waiver of Claims by the Owner 14.4 4.3.10,9.9.3,9.10.3,9.10.4, 11.4.3, 11.4.5, 11.4.7, Suspension of the Work 12.2.2.1, 13.4.2, 14.2.4 5.4.2, 14.3 Waiver of Consequential Damages Suspension or Termination of the Contract 4.3.10,14.2.4 4.3.6,5.4.1.1, 11.4.9, 14 Waiver of Liens Taxes 9.10.2,9.10.4 3.6,3.8.2.1,7.3.6.4 Waivers of Subrogation Termination by the Contractor 6.1.1, 11.4.5,11.4.7 4.3.10, 14.1 Warranty Termination by the Owner for Cause 3.5,4.2.9,4.3.5.3,9.3.3,9.8.4,9.9.1,9.10.4,12.2.2, 4.3.10,5.4.1.1, 14.2 13.7.1.3 Termination of the Architect Weather Delays 4.1.3 4.3.7.2 Termination of the Contractor Work,Definition of ttrt 14.2.2 1.1.3 Written Consent AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967, 1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. 8 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. (3552668520) User Notes: 1.6,3.4.2, 3.12.8, 3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 2.3,2.4, 3.3.1,3.9,3.12.9, 3.12.10,4.3,4.4.8,4.6.5, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 5.2.1,8.2.2,9.7,9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, Written Interpretations 12.2.2, 12.2.4,13.3, 14 4.2.11,4.2.12,4.3.6 Written Orders An 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 I�rr il�ll trtr VW ulrr U0 dw AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. g 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. JK 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 issued prior to execution of the Contract,other documents listed in the Agreement and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties, (2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement,the Contract Documents do not include other documents such as bidding requirements(advertisement or invitation to bid,Instructions to Bidders,sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements). §1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be ctrl construed to create contractual relationship of any kind(1)between the Architect and Contractor,(2)between the Owner'and a Subcontractor or Sub-subcontractor,(3)between the Owner and Architect or(4)between any persons or entities other than the Owner and Contractor.The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. §1.1.3`THE WORK The term"Work"means the construction and services required by the Contract Documents,whether completed or partially completed;and includes all other labor,materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. §11 4�HE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part.and which may include construction by the Owner or by separate contractors. §11.5 THE DRAWINGS 'Thebrawings are.the;graphic and pictorial portions of the Contract Documents showing the design,location and x dimensions ofahe Work, generally including plans,elevations,sections,details,schedules and diagrams. §1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment,systems, standards and workmanship for the Work, and performance of related services. §1.1.7 THE PROJECT MANUAL The Pro ject Manual is a volume assembled for the Work which may include the bidding requirements,sample forms,Conditions of the Contract and Specifications. §1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS §1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall bens binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. §1.2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. §1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction , industry meanings are used in the Contract Documents in accordance with such recognized meanings. tllib AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA6 Document is protected by U.S.Copyright Law and International Treaties. 10 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5110/2005,and is not for resale. User Notes: (3552668520) §1.3 CAPITALIZATION §1.3.1 Terms capitalized in these General Conditions include those which are(1) specifically defined,(2)the titles of numbered articles or(3)the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION §1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all"and"any" and articles such as "the" and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. §1.5 EXECUTION OF CONTRACT DOCUMENTS §1.5.1 The Contract Documents shall be signed by the Owner and Contractor.If either the Owner or Contractor or both do not sign all the Contract Documents,the Architect shall identify such unsigned Documents upon request. §1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal Ir observations with requirements of the Contract Documents. §1.6 OWNERSHIP AND USE OF DRAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE §1:6.1 The Drawings,Specifications and other documents,including those in electronic form,prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described.The Contractor may retain one record set.Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings,Specifications and other documents prepared by the Architect or the Architect's consultants,and unless otherwise indicated the Architect and the Architect's.consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights,in addition to the copyrights.All copies of Instruments of Service,except the eContractor's record set,shall be returned or suitably accounted for to the Architect,on request, upon completion of .the Work.The Drawings,Specifications and other documents prepared by the Architect and the Architect's ;;consultants,and copies thereof furnished to the Contractor,are for use solely with respect to this Project.They are not`.to be used by the Contractor or any Subcontractor,Sub-subcontractor or material or equipment supplier on other .' .projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,Architect and the Architect's consultants.The Contractor,Subcontractors,Sub-subcontractors and material or equipment suppliers are authorized to,use and reproduce applicable portions of the Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the t�rl execution of their Work under theContract Documents. All copies made under this authorization shall bear the statutory copyright notice,if any,shown on the Drawings,Specifications and other documents prepared by the Architect and the Architect'a'consultants.Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this.Prcject is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved rights. ARTICLE OWNER §21:GENERAL §2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular-in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1,the Architect does not have such authority. The term"Owner" means the Owner or the Owner's authorized representative. yr, §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. rri §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 i AIA Document A201TM—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967, 1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) continuation of the Work. After such evidence has been furnished,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. §2.2.2 Except for permits and fees,including those required under Section 3.7.1,which are the responsibility of the Contractor under the Contract Documents,the Owner shall secure and pay for necessary approvals,easements, assessments and charges required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities. §2.2.3 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. §2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness.Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written Iri request for such information or services. §2.2.5 Unless otherwise provided in the Contract Documents,the Contractor will be furnished,free of charge,such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. §2.3 OWNER'S RIGHT TO STOP THE WORK §2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract :Documents,the Owner'may:ssue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required•by Section 6.1.3. 12.4 OWNER'SRIGHT TO`CARRY OUT THE WORK §2A. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may after such seven-day period give the Contractor a second written notice,W3correct such deficiencies within a three-day period.If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may,without prejudice to other remedies the Owner may have,correct such deficiencies.In such case an appropriate Change"Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies,including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect.If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR §3.1 GENERAL §3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The term"Contractor" means the Contractor or the Contractor's authorized representative. §3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. §3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract,or by tests, inspections or approvals required or performed by persons other than the Contractor. i §3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §3.2.1 Since the Contract Documents are complementary,before starting each portion of the Work,the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The Itl American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 12 Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08118/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. (3552668520) User Notes: Work,as well as the information furnished by the Owner pursuant to Section 2.2.3,shall take field measurements of 10 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 go 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, to ordinances,building codes,and rules and regulations,but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. §3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1 and 3.2.2,the Contractor shall make Claims as provided in Sections 4.3.6 and 4.3.7.If the Contractor fails to perform the obligations of Sections 3.2.1 and 3.2.2,the Contractor shall pay such costs and damages to the Owner as would have beewavoided if the Contractor had performed such obligations.The Contractor shall not be liable to the Owner or Architect for damages resulting from errors,inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor 'recognized such etror,inconsistency,omission or difference and knowingly failed to report it to the Architect. §3 3 SUPERVISION�AND CONSTRUCTION PROCEDURES §3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor-shall be solely responsible for and have control over construction means,methods,techniques,sequences and'procedures and'for coordinating all portions of the Work under the Contract,unless the Contract Documents .give other specific instructions concerning these matters.If the Contract Documents give specific instructions concerwrig construction means, methods, techniques,sequences or procedures,the Contractor shall evaluate the jobsiteaafety thereofand,except as stated below,shall be fully and solely responsible for the jobsite safety of such means,methods,techniques, sequences or procedures.If the Contractor determines that such means,methods, techniques, sequences orprocedures may not be safe,the Contractor shall give timely written notice to the Owner and`Architectind shall not proceed with that portion of the Work without further written instructions from the on 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 16 9sor:damage. §3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. rw §3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. §3.4 LABOR AND MATERIALS §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. §3.4.2 The Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order. §3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract.The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. AIA Document A201 T"'—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA` Document is protected by U.S.Copyright Law and International Treaties. 13 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 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 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. iyli §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 0d §3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit and other permits and governmental fees,licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required,when bids are received or negotiations concluded. §3.7.2 The Contractor shall comply with and give notices required by laws,ordinances,rules,regulations and lawful orders of public authorities applicable to performance of the Work. §3.731t 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. §3. AJf the Contractor performs Work knowing it to be contrary to laws, statutes,ordinances,building codes,and rules.and regulations without such notice to the Architect and Owner,the Contractor shall assume appropriate responsibility for:such Work and shall bear the costs attributable to correction. §3.8 ALLOWANCES rd §3.8.1 The Contractor;shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. .q §3:8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but IW not in the allowances; .3 whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and (2)changes in Contractor's costs under Section 3.8.2.2. §3.83 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. §3.9 SUPERINTENDENT §3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding as if given to the Contractor.Important AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951, 1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA* Document is protected by U.S.Copyright Law and international Treaties. 14 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_ p 1 which expires on 5/1012005,and is not for resale. User Notes: (3552668520) to communications shall be confirmed in writing.Other communications shall be similarly confirmed on written ft request in each case. §3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES Will §3.10.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. §3.10.2 The Contractor shall prepare and keep current,for the Architect's approval,a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. §3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to rrI the Owner;and Architect. §`3.11 DOCUMENTS AND SAMPLES AT THE SITE §3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,Specifications, Addenda,Change Orders and other Modifications,in good order and marked currently to record field changes and selections made during construction,and one record copy of approved Shop Drawings,Product Data,Samples and similar required submittals.These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work. §3.12SHOP-DRAWINGS,PRODUCT DATA AND SAMPLES § 112.1'Shop Drawings are drawings,diagrams,schedules and other data specially prepared for the Work by the im Contractor or a Subcontractor,"Sub-subcontractor,manufacturer,supplier or distributor to illustrate some portion of the Work. §3:12.2Product Data:are illustrations,standard schedules,performance charts,instructions,brochures,diagrams and other�information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. §3.12.3 Samples are physical examples-which illustrate materials,equipment or workmanship and establish standards by which the Work will'be judged. §3.124 Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents.The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor 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 so the Contract Documents.Submittals which are not required by the Contract Documents may be returned by the Architect without action. §3.12.5 The Contractor shall review for compliance with the Contract Documents,approve and submit to the Architect Shop Drawings,Product Data,Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and rr approved by the Contractor may be returned by the Architect without action. §3.12.6 By approving and submitting Shop Drawings,Product Data,Samples and similar submittals,the Contractor represents that the Contractor has determined and verified materials,field measurements and field construction criteria related thereto,or will do so,and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. §3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data,Samples or similar submittals until the respective submittal has been approved by the Architect. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA"' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) r §3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of l responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data,Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the Work,or(2) a Change Order or Construction Change Directive has been issued authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples or similar submittals by the Architect's approval thereof. §3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, Samples or similar submittals,to revisions other than those requested by the Architect on previous submittals.In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. §3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's III :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 Hill Contractor by the Contract Documents,the Owner and the Architect will specify all performance and design criteria that such services must`satisfy.'The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings,calculations, specifications,certifications,Shop Drawings and other submittals prepared by such professional.Shop Drawings and other submittals related to the Work designed or certified by such professional,if prepared by others,shall bear such�professional's written approval when submitted to the Architect.The Owner and the Architect shall be entitled ,,",to rely upon the adequacy,accuracy and completeness of the services,certifications or approvals performed by such .design professionals,provided the Owner and Architect have specified to the Contractor all.performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Architect will review,approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information .given and the design concept expressed in the Contract Documents.The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. §3.13 USE OF SITE t :,,13.13.1 The Contractor shall confine operations at the site to areas permitted by law,ordinances,permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. , §3.14 CUTTING AND PATCHING y Sri §3.14.1 The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make its parts fit together properly. 13.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed ttti construction of the Owner or separate contractors by cutting,patching or otherwise altering such construction,or by excavation.The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor;such consent shall not be unreasonably tai withheld.The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. §3.15 CLEANING UP §3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work,the Contractor shall remove from and about the Project waste materials,rubbish,the Contractor's tools,construction equipment,machinery and surplus materials. §3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the cost thereof shall be charged to the Contractor. AIA Document A201M—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. 16 Unauthorized reproduction or distribution of this AIAp 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) w §3.16 ACCESS TO WORK wr §3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. No §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 M 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 No patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. §3.18 INDEMNIFICATION` §3.18.1 To the fullest extent permitted by law and to the extent claims,damages,losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Section 11.3, the Contractor shall indemnify and hold harmless the Owner,Architect,Architect's consultants,and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,.ari sing ourof=or resulting from performance of the Work,provided that such claim,damage,loss or expense is attributable-to'bodilyinjury,sickness,disease or death,or to injury to or destruction of tangible property (other than the W,ork'itself),,but:only to the extent caused by the negligent acts or omissions of the Contractor,a to, Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not,such claim,damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall,riot be°,construed to negate,abridge,or reduce other rights or obligations of indemnity which would otherwise,ezist as to''axparty or person described in this Section 3.18. wrr §3.18.2 In claims against;any.person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor,any one'directly or indirectly employed by them or anyone for whose acts they may be liable,the indemnification obligation'under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits�payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or,other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT §4.1 ARCHITECT §4.1.1 The Architect t the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in.the Agreement and is referred to throughout the Contract Documents as if singular in number.The term"Architect means the Architect or the Architect's authorized representative. §4.1.2 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents rr shall not be.restricted,modified or extended without written consent of the Owner,Contractor and Architect. Consent shall,not be unreasonably withheld. §4.1.3 If the employment of the Architect is terminated,the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. §4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT §4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents,and will be an Owner's representative(1)during construction,(2)until final payment is due and(3)with the Owner's concurrence,from time to time during the one-year period for correction of Work described in Section 12.2.The 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 Ir AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 17 Unauthorized reproduction or distribution of this AIN'S 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. tip User Notes: (3552668520) rrl deficiencies in the Work, and(3)to determine in general if the Work is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of,nor be responsible for,the construction means, methods, techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents,except as provided in Section 3.3.1. §4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. §4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized,the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract.Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and material suppliers shall be through the Contractor.Communications by and with separate contractors shall be through the Owner. tidy §4.2.5'Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. §4.2.6 The Architect wilthave:authority to reject Work that does not conform to the Contract Documents.Whenever the Architect°eonsiders it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or completed.'However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,material and equipment suppliers,their agents or employees,or other persons or entities performing portions of:the,Work. ' 142.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,'Product Data andSamples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken with such reasopable 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 'Reviewyof such submittals'is not conducted for the purpose of determining the accuracy and completeness of other'details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment ousystems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5 and 3.12.The Architect's review shall not constitute approval of safety precautions or,unless tl�i otherwise specifically stated by the Architect,of any construction means, methods,techniques, sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. §4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may authorize minor changes in the Work as provided in Section 7.4. rrM §4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor,and will issue a final Certificate ON for Payment upon compliance with the requirements of the Contract Documents. §4.2.10 If the Owner and Architect agree,the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site.The duties,responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. 18 Unauthorized reproduction or distribution of this AIA'°' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5110/2005,and is not for resale. User Notes: (3552668520) §4.2.11 The Architect will interpret and decide matters concerning performance under and requirements of,the irlr 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 Noll compliance with this Section 4.2,then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. §4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable trlr from the Contract Documents and will be in writing or in the form of drawings.When making such interpretations and initial decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. §'4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. §4:3 CLAIMS AND DISPUTES §4.3.1 Definition. A Claim is'a demand or assertion by one of the parties seeking,as a matter of right,adjustment or interpretation of Contract terms,payment of money,extension of time or other relief with respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.Claims must be initiated by written notice.The responsibility to substantiate Claims shall rest with the party making the Claim. §4.3.2 Time Limits on Claims:Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.Claims must be initiated by written notice to the Architect and the other party. §4.33'Continuing Contractl?erformance.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. so §4.3:4 Claims for Concealed or Unknown Conditions.If conditions are encountered at the site which are(1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature,which differ materially from those ordinarily tar found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,then notic&by,the observing party shall be given to the other party promptly before conditions are disturbed and in no everti later than 21 days after first observance of the conditions.The Architect will promptly investigate such,conditions,and;.if they differ materially and cause an increase or decrease in the Contractor's cost of,or time required for,performance of any part of the Work,will recommend an equitable adjustment in the Contract Sum or Contract Time,or both.If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, i the Architect shall so nodfy.the,Owner and Contractor in writing,stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision.If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time,the adjustment shall be referred to the Architect for initial determination,subject to further proceedings pursuant to Section 4.4. §4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.6. §4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to(1)a written interpretation from the Architect, (2)an order by the Owner to stop the Work where the Contractor was not at fault, (3)a written order for a minor change in the Work issued by the Architect,(4)failure of payment by the Owner,(5) termination of the Contract by the Owner, (6)Owner's suspension or(7)other reasonable grounds,Claim shall be filed in accordance with this Section 4.3. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA"'' Document is protected by U.S.Copyright Law and International Treaties. 19 Unauthorized reproduction or distribution of this AIA'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. ON 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 herein shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work.In the case of a continuing delay only one Claim is necessary. §4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated and had an adverse effect on the scheduled construction. §4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an actor omission of the other party,or of others for whose acts such party is legally responsible,written notice of such injury or damage,whether or not insured,shall be given to the other party within a reasonable time not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other party to investigate the matter. §4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. §4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes: .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, businessand reputation,and for loss of management or employee productivity or of the services of such,persons;and .2 damages`incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 14.Nothing contained in this Section 4.3.10 shall be deemed to preclude an award of liquidated direct damages,when applicable,in accordance with the requirements of the Contract Documents. §4.4 RESOLUTION OF CLAIMS AND DISPUTES §4.4.1 Decision of Architect. 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 shall,'be required as a condition precedent to mediation,arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due,unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect.The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. §4.4.2 The Architect will review,Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1)request additional supporting data from the claimant or a response with supporting data from the other party,(2)reject the Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise,or(5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that,in the Architect's sole discretion,it would be inappropriate for the Architect to resolve the Claim. §4.4.3 In evaluating Claims,the Architect may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision.The Architect may request the Owner to authorize retention of such persons at the Owner's expense. §4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request,and shall either provide a response on the requested supporting data,advise the Architect when the response or supporting data will be furnished or advise the rrrr Architect that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Architect will either reject or approve the Claim in whole or in part. AIA Document A201 T"'—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The 111111111 American Institute of Architects. All rights reserved. WARNING:This AIA°' 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_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 1W tilt► §4.4.5 The Architect will approve or reject Claims by written decision,which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both.The approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration. tit §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 tilt possibility of a Contractor's default,the Architect or the Owner may,but is not obligated to,notify the surety and request the surety's assistance in resolving the controversy. §4.4.8 If 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. Q0 §4.5 MEDIATION §4.5.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for:in Sections 4.3.10,9.10.4 and 9.10.5 shall,after initial decision by the Architect or 30 days after submission of the,Claim to the Architect,be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable.proceedings by either party. §4.5.2 The parties,shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise,shall,be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently.in effect.Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association.The request may be made concurrently with the filing of a demand for arbitration but,in such event,mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement ofthe parties or court order. §4.5.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. to §4.6 ARBITRATION §4.6.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Sections 4.3.10,9.10.4 and 9.10.5,shall,after decision by the Architect or 30 days after submission of the Claim to the Architect,be subject to arbitration.Prior to arbitration,the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Section 4.5. §4.6.2 Claims not resolved by mediation shall be decided by arbitration which,unless the parties mutually agree M otherwise,shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect.The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association,and a copy shall be filed with the Architect. 10 §4.6.3 A demand for arbitration shall be made within the time limits specified in Sections 4.4.6 and 4.6.1 as applicable, and in other cases within a reasonable time after the Claim has arisen,and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the 1111111110 applicable statute of limitations as determined pursuant to Section 13.7. 1W AIA Document A201 T11—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°`Document is protected by U.S.Copyright Law and International Treaties. 21 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. 1r 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 persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration.No person or entity other than the Owner,Contractor or a separate contractor as described in Article 6 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not named or described therein.The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. §4.6.5 Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. §4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS §5.1 DEFINITIONS §5.4:1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The term"Subcontractor" is referred to throughout the Contract Documents as if singular in number.and means a Subcontractor or an authorized representative of the Subcontractor.The term"Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. §5A.2 A'Sub-subcontractor is'a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site.The term"Sub-subcontractor"is referred to throughout the Contract . Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. §5.2 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 lei stating:whether or not the Owner or the Architect,after due investigation,has reasonable objection to any such proposed person or entity.Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. §5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. §`5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the Contractor shall propose another to whom the Owner or Architect has no reasonable objection.If the proposed but rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. §5.2.4 The Contractor shall not change a Subcontractor,person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The Mill American Institute of Architects. All rights reserved. WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 22 Unauthorized reproduction or distribution of this AIA"® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 0 to §5.3 SUBCONTRACTUAL RELATIONS §5.3.1 By appropriate agreement,written where legally required for validity,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work,which the Contractor,by these Documents, assumes toward the Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the benefit of all rights,remedies and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound,and, upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents.Subcontractors will similarly make copies of applicable portions of Irr such documents available to their respective proposed Sub-subcontractors. §5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS §5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignments 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'award separate contracts in connection with other portions of the Project or other construction or ". operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation.If the Contractor claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall make such Claim as provided in Section 4.3. w , §6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term"Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. rtfr §6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work"of the Contractor,who shall cooperate with them.The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so.The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor,separate contractors and the Owner until subsequently revised. rr §6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces,the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract,including,without excluding others,those stated in Article 3,this Article 6 and Articles 10, 11 and 12. §6.2 MUTUAL RESPONSIBILITY §6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA` Document is protected by U.S.Copyright taw and International Treaties. 23 Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 4 §6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor,the Contractor shall,prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results.Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work,except as to defects not then reasonably discoverable. §6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays,improperly timed activities or defective construction of the Contractor.The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays,improperly timed activities,damage to the Work or defective construction of a separate contractor. §6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. §6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. §6.3 OWNER'S RIGHT TO CLEAN UP §6.3.1 If a dispute arises among the Contractor,separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may.clean up and the Architect will allocate the cost among those responsible. ARTICLE,7 CHANGES IN THE WORK §71 GENERAL §7.1.1 Changes;m the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work,subject to the limitations stated.in this Article 7 and elsewhere in the Contract Documents. .:§7.1.2,A—Change Order shall be based upon agreement among the Owner,Contractor and Architect;a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor;an.order for a minor change in the Work may be issued by the Architect alone. # §7.1.3'Chan ges in the Work shall be performed under applicable provisions of the Contract Documents,and the Contractor shall-proceed promptly,unless otherwise provided in the Change Order,Construction Change Directive or order for a minor change in the Work. §7.2 CHANGE ORDERS §7:2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor and Architect,stating their agreement upon all of the following: .1 `' change in the Work; .2 the amount of the adjustment,if any,in the Contract Sum;and .3 the extent of the adjustment,if any,in the Contract Time. §7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. §7.3 CONSTRUCTION CHANGE DIRECTIVES §7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect,directing a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or Contract Time,or both.The Owner may by Construction Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. §7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change 11111 Order. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. 24 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) to §7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be 1W 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; 1 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. ilrr §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 ttr therewith,including adjustment in Contract Sum and Contract Time or the method for determining them.Such agreement shall be effective immediately and shall be recorded as a Change Order. §7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,a reasonable allowance for overhead and profit.In such case,and also under Section 7.3.3.3,the Contractor qrr 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 iw required by agreement or custom,and workers' compensation insurance; .2 costs of materials,supplies and equipment,including cost of transportation, whether incorporated or consumed; M .3' rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance,permit fees, and sales,use or similar taxes related to the Work; and .5 additional costs of supervision and field office personnel directly attributable to the change. 17:3:7 The samount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect.When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,`if any,with respect to that change. § T3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner,amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs.For any portion of such cost that remains in dispute,the Architect will make an interim determination for purposes of monthly certification for payment for those costs.That determination of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the right of either party to disagree and assert a claim in accordance with Article 4. rr §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 tttr 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 1W 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. 1W AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 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. No User Notes: (3552668520) 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. ■Ii §8.1.4 The term"day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. §,8.2 PROGRESS AND COMPLETION §'8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. tirll §8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner in writing,prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner.The date of commencement of the Work shall not be changed by the effective date of such insurance.!Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner,the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. §8.2.3 The Contractor'shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. §8.3 DELAYS AND EXTENSIONS OF TIME §8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect,or of an employee of either,or of a separate contractor employed by the Owner,or by changes ordered in the-Work,or by labor disputes,fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control,or by delay authorized by the Owner pending mediation and arbitration,or by other causes which the Architect 4etermines may justify delay,then the Contract Time shall be extended by + Change Order for such reasonabletime as the Architect may determine. §8.3.2 Claims relating to time shallbe made in accordance with applicable provisions of Section 4.3. §'8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION §9.1 CONTRACT SUM §9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. §9.2 SCHEDULE OF VALUES §9.2.1 Before the first Application for Payment,the Contractor shall submit to the Architect a schedule of values rri allocated to various portions of the Work,prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. §9.3 APPLICATIONS FOR PAYMENT §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to AIA Document A201Tm—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. 26 Unauthorized reproduction or distribution of this AIA'"' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) to payment as the Owner or Architect may require,such as copies of requisitions from Subcontractors and material to suppliers,and reflecting retainage if provided for in the Contract Documents. §9.3.1.1 As provided in Section 7.3.8,such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives,or by interim determinations of the Architect, but not yet included in Change Orders. §9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier,unless such Work has been performed by others whom the Contractor intends to pay. §9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance by the Owner,payment may,similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing.Payment for materials and equipment stored on or off the site shall be conditioned upon rlt� compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable insurance,storage and transportation to the site for such materials and equipment stored off the site. ow §,,9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the rrrr 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 byxeason of having provided labor,materials and equipment relating to the Work. 9A CERTIFICATES FOR PAYMENT §9.4:1 The Architect will;within seven days after receipt of the Contractor's Application for Payment,either issue to the Owner a Certificate for`Payment,with a copy to the Contractor,for such amount as the Architect determines ir is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in;--part as provided in Section 9.5.1. §9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment,that the Work 'has progressed to the point indicated and that,to the best of the Architect's knowledge,information and belief,the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an ow j evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to.correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance of a Certificate for Paymentwill 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 ww and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §9.5 DECISIONS TO WITHHOLD CERTIFICATION to §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 vo 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 rrr such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2,because of: .1 defective Work not remedied; AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This A10 Document is protected by U.S.Copyright Law and International Treaties. 27 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) , .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. §9.5.2 When the above reasons for withholding certification are removed,certification will be made for amounts previously withheld. §9.6 PROGRESS PAYMENTS §9.6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so notify the Architect. §9.6.2 The Contractor shall promptly pay each Subcontractor,upon receipt of payment from the Owner,out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work,the amount to which said Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. §9.6.3 The Architect will,on request,furnish to a Subcontractor,if practicable,information regarding percentages of completion or amounts;Applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. §9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. §9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections 9.6.2,9.6.3 and 9.6.4. §'9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall,not constitute acceptance of Work not in accordance with the Contract Documents. i §9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both, under contract with the Contractor for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor,shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. §9.7 FAILURE OF PAYMENT §9.7.1 If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitration, then the Contractor may,upon seven additional days' written notice to the Owner and Architect, stop the } Work until payment of the amount owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay and start-up,plus interest as provided for in the Contract Documents. AIA Document A201 T"'—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document is protected by U.S.Copyright Law and International Treaties. 28 Unauthorized reproduction or distribution of this AIA'' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) as §9.8 SUBSTANTIAL COMPLETION to §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. io §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. §,18.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or rrr designated:'portion thereof is substantially complete.If the Architect's inspection discloses any item, whether or not included on the Contractor's list,which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor shall,before•issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by the Architect.In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. §9.8:4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion,shall establish responsibilities of the Owner and Contractor for security, maintenance,heat,utilities,damage to the Work and insurance;and shall fix the time within which the Contractor shall finish all items on the list accompanying the +1111 Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work ordesignated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acC`eptance,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`he adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. i 1.9. PARTIAL OCCUPANCY OR USE §.9:9:1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented to by the:insurer as required under:Section 11.4.1.5 and authorized by public authorities having jurisdiction over the Work.Such partial occupancy or use may commence whether or not the portion is substantially complete,provided -the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage,-if any,security,maintenance,heat,utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents.When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use V" 'shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement is reached,by decision of the Architect. WA §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. wr §9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. §9.10 FINAL COMPLETION AND FINAL PAYMENT r�r §9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue irr a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 29 Unauthorized reproduction or distribution of this AIA'' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) a the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. - §9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect(1)an affidavit that payrolls,bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied, (2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner,(3)a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4)consent of surety,if any,to final payment and(5),if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts,releases and waivers of liens,claims,security interests or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien.If such lien remains unsatisfied after nril payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien,including all costs and reasonable attorneys' fees. §9.10:3 If,after Substantial Completion of the Work,final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall,upon application`by the Contractor and certification by the Architect,and without terminating the Contract,make payment of the.balance due for that portion of the Work fully completed and accepted.If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract !Documents,and if bonds.have been furnished,the written consent of surety to payment of the balance due for that ;-;portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment.-Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. §,9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens,Claims,:security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents;or .3 terms of special warranties required by the Contract Documents. §9.10.5 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at `the time of final Application for Payment. firlt ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY §10.1 SAFETY PRECAUTIONS AND PROGRAMS §10.1.1 The Contractor shall:be responsible for initiating,maintaining and supervising all safety precautions and at programs in connection with the performance of the Contract. §10.2 SAFETY OF PERSONS AND PROPERTY rrl §10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site,under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontractors;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns, walks,pavements, roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction. §10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful rri orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA6 Document is protected by U.S.Copyright Law and International Treaties. 30 Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) WA §10.2.3 The Contractor shall erect and maintain,as required by existing conditions and performance of the Contract, as reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 110 §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. VW §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 tar by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3,except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in rr addition to the Contractor's obligations under Section 3.18. §10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. §10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. §103MAZARDOUS.MATERIALS §10.3.11f reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from 9", terial or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB), encountered on"Ahe site bythe 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. rr §10:3:2 The Owner shall.obtain the services of a licensed laboratory to verify the presence or absence of the material or substancexeported,by the Contractor and,in the event such material or substance is found to be present,to verify than it has been rendered1armless.Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the:presence or absence of such material or substance or who are to perform the task of removal or safe containment of,such material or substance.The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner.If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another,to whom the Contractor and the Architect have no reasonable objection.When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner to and Contractor.The,Contraet Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down,delay and start-up,which adjustments shall be accomplished as provided in Article 7. +10 §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 go performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself)and provided that such damage,loss or expense is not due to the sole negligence of a up 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 No Contractor unless such materials or substances were required by the Contract Documents. AIA Document A201Tm—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 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. 31 Unauthorized reproduction or distribution of this AIAR 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) §10.5 If,without negligence on the part of the Contractor,the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. §10.6 EMERGENCIES §10.6.1 In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage,injury or loss.Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Section 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS §11.1 CONTRACTOR'S'LIABILITY INSURANCE §11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor maybe legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: .1 claims under workers' compensation,disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury,occupational sickness or disease,or death of the Contractor's employees; .3 claims for damages because of bodily injury,sickness or disease,or death of any person other than the Contractor's employees; A claims for damages insured by usual personal injury liability coverage; .5 claims for damages,other than to the Work itself,because of injury to or destruction of tangible property,including loss of use resulting therefrom; .6 claims for damages because of bodily injury,death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations;and X claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. §11.1.2 The insurance,required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater.Coverages,whether written on an occurrence:or clairris-made basis,shall be maintained without interruption from date of commencement of the Work until date of;final payment and termination of any coverage required to be maintained after final payment. §11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the-Owner prior to commencement of the Work.These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages,afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner.If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available,an additional certificate evidencing continuation of such coverage shall at be submitted with the final Application for Payment as required by Section 9.10.2.Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate,or both,shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. §11.2 OWNER'S LIABILITY INSURANCE §11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. to §11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE §11.3.1 Optionally,the Owner may require the Contractor to purchase and maintain Project Management Protective 3 Liability insurance from the Contractor's usual sources as primary coverage for the Owner's,Contractor's and Architect's vicarious liability for construction operations under the Contract.Unless otherwise required by the Contract Documents,the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage,and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner.The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Sections 11.1.1.2 through 11.1.1.5. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The 1W American Institute of Architects. All rights reserved. WARNING:This AIA$ Document is protected by U.S.Copyright Law and International Treaties. 32 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) to of §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. rtrr §11.3.3 The Owner shall not require the Contractor to include the Owner,Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Section 11.1. §11.4 PROPERTY INSURANCE §11.4.1 Unless otherwise provided,the Owner shall purchase and maintain,in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,property insurance written on a builder's 1tr risk"all-risk" or equivalent policy form in the amount of the initial Contract Sum,plus value of subsequent Contract - modifications and cost of materials supplied or installed by others,comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained,unless otherwise;provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are rr beneficiaries of such insurance,until final payment has been made as provided in Section 9.10 or until no person or entity other,than the Owner has an insurable interest in the property required by this Section 11.4 to be covered, whichever is later.This insurance shall include interests of the Owner,the Contractor,Subcontractors and Sub- subcontractors in the Project. §11 4:1:1 Property insurance shall be on an "all-risk"or equivalent policy form and shall include, without limitation, insurance against the perils of fire(with extended coverage)and physical loss or damage including,without trtr 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 andexpenses required as a result of such insured loss. so T§11:4.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above,the Owner shall so inform the Contractor in writing prior to commencement of the Work.The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work,and by appropriate Change Order the cost thereof shall be•charged to the Owner.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. 4:11 A.1.3'If the property insurance requires deductibles,the Owner shall pay costs not covered because of such deductibles. §11.4:1:4 This property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. +rtr §11.4.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise.The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall,without mutual written consent,take no action with respect to partial occupancy or use that would cause cancellation,lapse or reduction of insurance. to §11.4.2 Boiler and Machinery Insurance.The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner;this insurance shall include interests of the Owner,Contractor, Subcontractors and Sub-subcontractors in the Work,and the Owner and Contractor shall be named insureds. trttr §11.4.3 Loss of Use Insurance.The Owner,at the Owner's option,may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused.The Owner waives all rights of action against the Contractor for loss of use of the Owner's property,including consequential losses due to fire or other hazards however caused. ■P AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970.1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties. 33 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. 4W User Notes: (3552668520) °nl ill► §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 canceled or allowed to expire,and that its limits will not be reduced,until at least 30 days' prior written notice has;been'given to the Contractor. §11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against(1)each other and any of their subcontractors,sub-subcontractors,agents and employees,each of the other,and(2)the Architect,Architect's consultants,separate contractors described in Article 6,if any,and any of their subcontractors,sub-subcontractors, agents and employees,for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.4 or other property insurance applicable to the Work,except such rights as they have to proceeds of such insurance held by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall require of the Architect,Architect's consultants,separate contractors described in Article 6,if any,and the subcontractors,•sub-subcontractors,agents and employees of any of them,by appropriate agreements, written where legally required for validity,similar waivers each in favor of other parties enumerated herein.The policies shall provide such waivers'of subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not<pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged. §11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause and of Section 11.4.10.The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements,written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. sir §11.4.9 If required in writing by a party in interest,the Owner as fiduciary shall,upon occurrence of an insured loss, give bond for proper performance of the Owner's duties.The cost of required bonds shall be charged against proceeds received as fiduciary.The Owner shall deposit in a separate account proceeds so received,which the Owner shall distribute in accordance with such agreement as the parties in interest may reach,or in accordance with an arbitration award in which case the procedure shall be as provided in Section 4.6.If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience,replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. §11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power;if such objection is made,the dispute shall be resolved as provided in Sections 4.5 and 4.6.The Owner as fiduciary shall,in the case of arbitration, make settlement with insurers in accordance with directions of the arbitrators.If distribution of insurance proceeds by arbitration is required,the arbitrators will direct such distribution. §11.5 PERFORMANCE BOND AND PAYMENT BOND §11.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically ► required in the Contract Documents on the date of execution of the Contract. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 34 Unauthorized reproduction or distribution of this AIAE Document,or any portion of it,may result in severe civil and criminal penalties,and will be Prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 0001175821 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) as §11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment a* of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. +111Ir 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 to Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. §12.1.2 If a;portion of the Work has been covered which the Architect has not specifically requested to examine ttr► prior to its being covered,the Architect may request to see such Work and it shall be uncovered by the Contractor.If such Work ris in accordance with the Contract Documents,costs of uncovering and replacement shall,by appropriate Change Order,be at the Owner's expense.If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate go contractor in which event the Owner shall be responsible for payment of such costs. §12.2 CORRECTION OF:WORK §12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION §12:2:1.1 The,Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of1he'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 to inspections and-compensation for the Architect's services and expenses made necessary thereby,shall be at the Contractor's expense. §12:2.2°AFTER SUBSTANTIAL COMPLETION 01111 §12.2.2:1 In addition to the Contractor's obligations under Section 3.5,if,within one year after the date of Substantial'Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly:after receipt of written notice from the Owner to do so unless the Owner has previously given.the'Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition.During the one-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction bythe Contractor and to make a claim for breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or rilr Architect,the Owner may correct it in accordance with Section 2.4. §12.2.2.2 The.one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual to 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 +rlr Contractor pursuant to this Section 12.2. §12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. to §12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed,of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. so §12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents.Establishment of the one-year 110 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 to AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties. 35 Unauthorized reproduction or distribution of this AWD 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. to User Notes: (3552668520) a Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. §12.3 ACCEPTANCE OF NONCONFORMING WORK §112'3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Docments,the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS §13.1 GOVERNING LAW §13.1.1 The Contract shall be governed by the law of the place where the Project is located. §13.2 SUCCESSORS AND ASSIGNS §13.2.1 The Owner and Contractor respectively bind themselves,their partners,successors,assigns and legal representatives to the other party hereto and to partners,successors,assigns and legal representatives of such other party in respect to covenants,agreements and obligations contained in the Contract Documents.Except as provided in Section 13.2.2,neither party to the Contract shall assign the Contract as a whole without written consent of the other.If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. `§13.2.2 The Owner may, without consent of the Contractor,assign the Contract to an institutional lender providing construction financing for the Project.In such event,the lender shall assume the Owner's rights and obligations t� under the Contract Documents.The Contractor shall execute all consents reasonably required to facilitate such assignment. §13.1WRITTEN NOTICE §13:3:1'Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended,or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. tai §13:4RIGHTS AND REMEDIES §13A.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights and remedies otherwise imposed or available by law. §13.4.2 No action or failure to act by the Owner,Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract,,nor shall such action or failure to act constitute approval of or acquiescence in a breach'thereunder,except as may be specifically agreed in writing. ;§13:5 TESTS AND INSPECTIONS §13.5.1 Tests,inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules,regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority, and shall bear all related costs of tests,inspections and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures.The Yi Owner shall bear costs of tests,inspections or approvals which do not become requirements until after bids are received or negotiations concluded. §13.5.2 If the Architect,Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1,the Architect will,upon written authorization from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection or approval by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs,except as provided in Section 13.5.3,shall be at the Owner's expense. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951, 1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°'Document is protected by U.S.Copyright Law and International Treaties. 36 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) err §13.5.3 If such procedures for testing,inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the t 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. 1tr1► §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 unreasonable delay in the Work. §13.6 INTEREST §13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or,in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. §13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD §13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of dwf Substantial Completion,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; :2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate.fo'r.Payment,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of ` issuance of the final Certificate for Payment;and .3 After Final:Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance df.the final Certificate for Payment,any applicable statute of limitations shall commence to run and any allegedcause of action shall be deemed to have accrued in any and all events not later 'r than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Section 3.5,the date of any correction of the Work or failure to correct the Work by the Contractor Under Section 12.2,or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner,whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT §14.1 TERMINATION BY THE CONTRACTOR §14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor,Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government,such as a declaration of national emergency which requires all Work to be irr stopped; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or rr` .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. lurr §14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,repeated suspensions,delays or interruptions of the entire Work AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 37 Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/1012005,and is not for resale. User Notes: (3552668520) a� by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period,whichever is less. §14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials,equipment, tools,and construction equipment and machinery, including reasonable overhead,profit and damages. §14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract l Documents with respect to matters important to the progress of the Work, the Contractor may,upon seven additional days' written notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. §14.2 TERMINATION,BY THE OWNER FOR CAUSE §14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction;or rMil .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. §14.2.2 When any of:theiabove-reasons exist, the Owner,upon certification by the Architect that sufficient cause exists to justify such action,may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor' surety,if any,seven days' written notice,terminate employment of the Contractor and may,subject to any prior rights of the surety: .1 take possession of the site and of all materials,equipment,tools, and construction equipment and machinery,thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Section 5.4;and .3 finish the Work by whatever reasonable method the Owner may deem expedient.Upon request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. §14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive.further payment until the Work is finished. §14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case may be,shall be certified by the Architect, upon application,and this obligation for payment shall survive termination of the Contract. §14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE §14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. §14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay or interruption as described in Section 14.3.1.Adjustment of the Contract Sum shall include profit.No adjustment shall be made to the extent: .1 that performance is,was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible;or 1111 .2 that an equitable adjustment is made or denied under another provision of the Contract. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951, 1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. 38 Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 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) �rw §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 1W 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. ws ' �rtr ter 40 r,tr itr trrr tali AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. 39 Unauthorized reproduction or distribution of this AIA'' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. tai User Notes: (3552668520) RIVERVIEW PARK BRIDGE RENOVATION SUPPLEMENTARY GENERAL CONDITIONS SECTION 00800 w 1. TERMS OF MODIFICATIONS AND SUPPLEMENTS wr 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. rr. 2. ADDITIONAL MODIFICATIONS AND SUPPLEMENTS wr The supplements referenced within this section are identified with the same number and title used for that topic in the General Conditions. w. A. ARTICLE 1.1 - BASIC DEFINITIONS Supplement Article 1.1 with the following: 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 V' Completion, Final Completion shall include, but not be limited to receipt of all Record Drawings, Surveys, and resolution of all Punch List Items. wo B. ARTICLE 1.2 - CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS ow Supplement Article 1.2 with the following: 1.2.4 Contract Drawings The following drawings are a part of the Contract Documents: war DRAWING NUMBER TITLE T-1 General Drawing S-1 through S-5 Structural Drawings C. ARTICLE 3.2— REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR r. Supplement Article 3.2 with the following: 3.2.4 A pre-bid meeting has been set for Monday, August 1, 2005, at 10:00 a.m. The meeting will convene at the bridge over the Cedar River located at Riverview Park, located at 2901 Maple Valley Highway in the City of Renton, WA. rrr 2005-144aa 00800 rr PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION SUPPLEMENTARY GENERAL CONDITIONS SECTION 00800 D. ARTICLE 3.7— PERMITS Supplement Article 3.7.1 with the following: The following permits will be obtained by the City of Renton prior to a Notice to Proceed: 40 1. Washington Department of Fish and Wildlife, Hydraulic Project Application Any additional permits, certificates, or agency approvals required for completion of this work are the responsibility of the Contractor per G-4.11. E. ARTICLE 4.3—CLAIMS AND DISPUTES Supplement Article 4.3 with the following: 4 4.3.11 Pursuant to the requirements of the General Conditions, the Liquidated Damages for failure to achieve Substantial Completion as required shall be $1,500.00 per day, and for failure to achieve Final Completion within an additional thirty days after Substantial Completion shall be 10% of the Liquidated 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. 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 insurance requirements. END OF SECTION wr 2005-144aa 00800 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION SPECIAL CONDITIONS SECTION 00900 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.lni.wa.aov/prevailingwage 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 Industries and the ir. 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 Industries. C. In case any wage dispute arises as to what are the prevailing rates of wages for 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 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. to The Contractor is responsible for paying the appropriate wage rates. D. The Contractor, and all Subcontractors, on or before the date of commencement VW 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 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. 2005-144aa 00900 PAGE 1 `Y RIVERVIEW PARK BRIDGE RENOVATION 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. 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 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 dr 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 ,w 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. D. AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate ow 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. �rrir 2005-144aa 00900 PAGE 2 an RIVERVIEW PARK BRIDGE RENOVATION SPECIAL CONDITIONS SECTION 00900 I. 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 effector 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. aw 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, Iva ordinances, regulations, conditions, and such other regulatory measures dealing with the prevention of environmental pollution and the preservation of public natural resources. ■r 5. CITY OF RENTON BUSINESS LICENSE err 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 to City Hall, Lobby Level, 1055 South Grady Way, Renton, WA. END OF SECTION Y�rr rrr rrr 2005-144aa 00900 PAGE 3 w! RIVERVIEW PARK BRIDGE RENOVATION BOND TO THE CITY OF RENTON FORM SECTION 00910 rr KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned aw as principal, and corporation organized and existing under the laws of +w 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 w payment of which sum on demand we bind ourselves and our successors, heirs, administrators or person representatives, as the case may be. fm This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinance of the City of Renton. Dated at ,Washington,this day of 2005 r 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; r NOW, THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. Principal Surety Signature Signature Title Title +r END OF SECTION +rw 2005-144aa 00910 PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION as 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: w� • 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 AW • 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. PART 2. CONTRACTORS INSURANCE REQUIREMENTS The CONTRACTOR shall carry the following limits of liability as required below: 1. Commercial General Liability a• 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 wM 2005-144aa 00920 PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION INSURANCE& RELATED REQUIREMENTS SECTION 00920 2. Automobile Liability Bodily Injury/Property Damage $1,000,000 (Each Accident) 3. Workers' Compensation Statutory Benefits - Show Washington Labor& Industries Number 4. Umbrella Liability Each Occurrence Limit $1,000,000 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 mail 45 days written notice to the certificate holder named to the left. 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. 2005-144aa 00920 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION 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. "p 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 rs rrt. Wn +ww to am 2005-144aa 00920 PAGE 3 i GENERAL REQUIREMENTS DIVISION 1 o. RIVERVIEW PARK BRIDGE RENOVATION SUMMARY OF WORK SECTION 01010 or PART 1 GENERAL 1.01 BACKGROUND A. The Riverview Park Bridge, managed by the City of Renton Parks and Recreation Department, was originally constructed in the early 1960s and was repaired in the early 1980s. In the early 1990s, it received modifications to its handrail and guardrail. rn B. The bridge was recently inspected and a program for repair has been developed. This contract removes, repaints and replaces the guardrail; removes and replaces the timber decking with concrete deck panels; removes and replaces a portion of the steel beams with new longer steel beams; constructs new abutments and guardrail; repaints the remaining steel beams; and removes and r replaces rotted pile caps and piling. 1.02 SCOPE A. The work included in this Contract is defined on the Drawings listed in Section 00800, and within these 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 Bridge Repair as described in these documents. C. The work includes removing, repainting, and reinstalling existing handrails; removing and reinstalling some of the guardrail; building new guardrail; and demolishing and rebuilding concrete sidewalk. It also includes repairing timber piling; replacing pile cap timbers; removing timber decking and installing new precast concrete deck panels; replacing steel beams and framing with new longer steel beams and framing; repainting steel beams and framing in place .. over the river; installing new concrete abutments at each end of the bridge; salvage and replacement of signage and gates; excavation and replacement of material; seeding, fertilizing and mulching; and temporary and permanent utility supports. 1.03 LOCATION The work area for the Contract is at 2901 Maple Valley Highway in the City of Renton, WA. �r 1.04 ACCESS TO SITE The Contractor shall have access to the construction site by Maple Valley Highway. Contractor, contractor forces and suppliers shall conduct all business through the normal park entrance. Secondary site access may be available from the trail and a park located south of the park. The Contractor shall perform his own inspection and 2005-144aa 01010 PAGE 1 wr RIVERVIEW PARK BRIDGE RENOVATION SUMMARY OF WORK SECTION 01010 engineering review of that bridge to ensure it can accommodate the construction equipment without damage and forward that review to the City for approval prior to use of the secondary site access. Any damage to existing structures or the site as a result of the Contractor's operations shall be repaired or replaced by the Contractor at no expense to the City. 1.05 OWNER FURNISHED MATERIAL None r 1.06 PRE-ORDERED MATERIALS None 1.07 ENGINEERING AND INSPECTION The engineers, inspectors, and consultants of the City of Renton will perform the necessary inspection work except as otherwise specified in the Contract Documents. 1.08 COORDINATION A. The Contractor shall coordinate its activity with the City of Renton staff to minimize interference with City and Park activities. 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. to 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 Contractor's 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. a 1.10 TIME FOR CONSTRUCTION The Contractor shall complete the project within 90 days from Notice to Proceed. The Contractor shall complete the demolition, repairs to the piling and pile caps, and x 2005-144aa 01010 PAGE 2 err RIVERVIEW PARK BRIDGE RENOVATION SUMMARY OF WORK SECTION 01010 rwr construction of the bridge abutments no later than Septemer 15, 2005, to comply with one of the conditions of the Washington Department of Fisheries and Wildlife permit. +r 1.11 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. irr PART 2 PRODUCTS ow NOT USED PART 3 EXECUTION NOT USED END OF SECTION r �r. 2005-144aa 01010 PAGE 3 �r RIVERVIEW PARK BRIDGE RENOVATION MEASUREMENT AND PAYMENT SECTION 01025 PART 1 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 irw 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 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 'r"` 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-area method, or other computation methods approved by the Engineer. 3. No measurement will be made for: a. Work performed or materials placed outside lines shown on the Plans or established by the Engineer; %W 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; e. Material remaining on hand after the work is complete, unless otherwise specified; or 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 rr under the Contract according to the lump sum or unit prices listed in the Bid Form im 2005-144aa 01025 PAGE 1 .r RIVERVIEW PARK BRIDGE RENOVATION MEASUREMENT AND PAYMENT SECTION 01025 ail 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. rw 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. C. The payment of any estimate or retained earnings shall not relieve the Contractor of the obligation to correct any defective work or materials. D. 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. 10- PART 2 PRODUCTS NOT APPLICABLE. PART 3 EXECUTION NOT APPLICABLE. PART 4 - MEASUREMENT AND PAYMENT so 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 2005-144aa 01025 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION MEASUREMENT AND PAYMENT SECTION 01025 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. err► 2. Profit, interest on borrowed money, overhead, or management costs. w 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 vw 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. 4.02 DEMOLITION (LUMP SUM) Payment for all work and costs related to demolition shall be at the lump sum contract price, and shall be full compensation for labor and materials including but not limited to: temporarily supporting and protecting existing utilities; removing handrails, interpretive signs, gates, and bollards; removing and disposing of timber deck pile cap, piling 9 9 p 9 , p� p, pi 9 elements; removing and disposing of timber guardrail elements; removing and disposing of steel beams and associated framing; removing and disposing of concrete sidewalk; and other related items of work in accordance with the project plans and specifications. 4.03 EARTHWORK (LUMP SUM) Payment for all work and costs related to earthwork shall be at the lump sum contract price, and shall be full compensation for labor and materials for temporarily supporting and protecting existing buried utilities, excavating for the extended end spans and abutments, placing gravel base course, backfilling and compacting excavated soils, placing and compacting bedding for existing utilities, hauling and disposing of excess r excavated materials, and other related items of work in accordance with the project plans and specifications. 4.04 CAST-IN-PLACE CONCRETE STRUCTURES (LUMP SUM) Payment for all work and costs related to cast-in-place concrete structures shall be at the lump sum contract price, and shall be full compensation for labor and materials, including but not limited to: furnishing all cast-in-place concrete and reinforcing steel, installing cast-in-place concrete abutments and sidewalks, placing joint sealant and �r 2005-144aa 01025 rr PAGE 3 RIVERVIEW PARK BRIDGE RENOVATION MEASUREMENT AND PAYMENT SECTION 01025 compression seals, placing concrete at guardrail posts, and other related items of work in accordance with the project plans and specifications. 4.05 CONCRETE PANELS (LUMP SUM) Payment for all work and costs related to concrete structures shall be the lump sum contract price, and shall be full compensation for labor and materials, including but not ' limited to: furnishing all concrete and reinforcing steel; fabricating, transporting, and installing precast concrete panels; and steel bolts, connectors and sealant for installing concrete panels and other related items of work in accordance with the project plans and specifications. 4.05 METAL FABRICATIONS (LUMP SUM) Payment for all work and costs related to metal fabrications shall be at the lump sum contract price, and shall be full compensation for labor and materials for furnishing, ai fabricating, coating, and installing all steel framing, steel bolts and connectors, temporary and permanent utility supports, and other related items of work in accordance with the project plans and specifications. rw 4.06 TIMBER STRUCTURES (LUMP SUM) Payment for all work and costs related to timber structures shall be at the lump sum contract price, and shall be full compensation for labor and materials for furnishing, fabricating, treating, and installing all timber replacement elements at the pile cap and piling repairs; furnishing, fabricating, and painting all timber in the guardrails; and ft removing, cleaning, preparing, painting, and reinstalling the existing timber handrails; and other related items of work in accordance with the project plans and specifications. at 4.07 REPAINTING EXISTING STEEL (LUMP SUM) Payment for all work and costs related to repainting existing steel beams and associated framing shall be at the lump sum contract price, and shall be full compensation for labor and materials for cleaning, preparing, containment and disposal of waste, coating, and other related items of work in accordance with the project plans and specifications. 4.08 PROJECT CLEANUP AND CLOSEOUT (LUMP SUM) A, 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 required to comply with the contract provisions, and other related items of work in accordance with the project plans and specifications. END OF SECTION a eel 2005-144aa 01025 PAGE 4 RIVERVIEW PARK BRIDGE RENOVATION MEETINGS SECTION 01200 r PART1 GENERAL 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. wt B. Location The preconstruction meeting will be scheduled at Riverview Park, located at 2901 Maple Valley Highway, Renton, WA. C. Attendance The following are requested to attend: o" 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 VW 1. Communications and routing 2. Precontract Submittals a. Certificate of Insurance b. Performance Bond C. Labor and Materials Payment Bond d. Schedule of Values 3. Execution of the Contract 4. Discussion of the General Conditions 5. Discussion of the Special Conditions 6. Discussion of the General Requirements • 7. Discussion of the Technical Specifications 8. Site visit rrw, .,r 2005-144aa 01200 PAGE 1 Y RIVERVIEW PARK BRIDGE RENOVATION MEETINGS SECTION 01200 Sri 1.02 PROGRESS MEETINGS ! A. The City will schedule and administer weekly progress meetings throughout progress of the work. B. The City will arrange meetings, prepare standard agenda with copies for participants, preside at meetings, 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. 14 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. PART 2 PRODUCTS NOT USED PART 3 EXECUTION .r NOT USED END OF SECTION rr 2005-144aa 01200 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION SUBMITTALS SECTION 01300 rr PART GENERAL 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 O, C. Individual submittals required in accordance with the pertinent sections of these specifications. PART2 PRODUCTS v■ 2.01 COMPLIANCE Failure to comply with these requirements shall be deemed as the Contractor's agreement to furnish the exact materials specified or materials selected by the Engineer aw based on these specifications. 2.02 SHOP DRAWINGS to A. The City of Renton will not accept shop drawings that prohibit the City from making sepias or copies for its own use. UK 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 each 22 inches wide by 34 inches long 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 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. wf 2005-144aa 01300 PAGE 1 rr. RIVERVIEW PARK BRIDGE RENOVATION SUBMITTALS SECTION 01300 2.04 SAMPLES A. The sample submitted shall be the exact or precise article proposed to be furnished. 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 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. 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. 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 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. 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 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. 2005-144aa 01300 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION SUBMITTALS SECTION 01300 +rr H. 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 be approved as equal by the Engineer unless the item has specifically been approved for this Work by the Engineer. I. The decision of the Engineer shall be final. w PART 3 EXECUTION 3.01 TRANSMITTALS 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. B. Preparation: A separate submittal form shall be prepared for each product or procedure and shall be further identified by referencing the Specification Section and paragraph number, and each submittal shall be numbered consecutively. C. Mailing: The original shall be sent in every instance and will be the Contractor's record and final correspondence for every submittal. rrr 3.02 COORDINATION ur A. Shop and detail drawings shall be submitted in related packages. All equipment or material details, which are interdependent or are related in any way, must be submitted indicating the complete installation. Submittals shall not be altered OL once approved for Construction. Revisions shall be clearly marked and dated. Major revisions must be submitted for approval. u. 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 which require shop drawings and which arrive at the job site prior to approval of shop drawings shall be considered as not being "" made for this project and shall be subject to rejection and removal from the premises. END OF SECTION r., rrr 2005-144aa 01300 PAGE 3 on RIVERVIEW PARK BRIDGE RENOVATION TEMPORARY FACILITIES AND CONTROLS SECTION 01500 PART 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 r+ this work as if specified in this section. 1.02 DESCRIPTION OF WORK irr The Work includes the requirements to provide temporary facilities required by the Contractor until Final Completion of the Work. The Work also includes compliance with all controls or ordinances with respect to safety, noise, odor, dust, fire and police action, civil disobedience, security, or traffic. PART 2 PRODUCTS 2.01 UTILITIES It shall be the Contractor's responsibility to provide adequate facilities for Contractor's operation, including: err A. Water: Drinking water for employees shall be provided in sanitary containers and maintained fresh each day. The Contractor shall make arrangements with the City of Renton or other sources to supply construction water for the duration of this Contract. All such connections, fittings, etc., shall be furnished, installed by the Contractor, and removed upon completion of the work to the satisfaction of the Engineer. The Contractor shall make arrangements with the Engineer for obtaining water. B. Construction Electricity: The Contractor shall make all arrangements for the furnishing of electric power for construction purposes. There is no locally available source of power for construction. C. Toilet Room Facilities: The Contractor shall install and maintain necessary temporary sanitary toilet facilities during the term of this contract. Toilet facilities for employees shall be maintained in a sanitary condition. Toilets shall be of a chemical type; removed at completion of work and the premises disinfected. D. Telephone: Provide a non-coin-operated telephone at the job site field office, if a job site field office is provided. All charges for installation, service, and monthly billings (local and long distance) shall be borne by the Contractor. wr 2005-144aa 01500 PAGE1 RIVERVIEW PARK BRIDGE RENOVATION TEMPORARY FACILITIES AND CONTROLS SECTION 01500 2.02 USE AND OCCUPANCY A. The Contractor will be allowed space for the storage of materials, a limited number of employee parking spots and the pursuance of the Work under this Contract in the parking area adjacent to Maple Valley Road. B. SECURITY 1. The construction site shall be closed to the public at all times and shall be enclosed by fencing at all times. The site shall be secure and gates through the fencing shall be locked at all times that the contractor is not at the site. 2. The Contractor shall ensure the security of park facilities in the event construction activities endanger those facilities. 3. The Contractor shall abide by special request of security personnel, local police and fire departments. PART 3 EXECUTION 3.01 GENERAL Maintain all temporary facilities and controls as long as needed for the safe and proper completion of the work. Remove as directed by the City or at the completion of the work. END OF SECTION Oki Id All 3 2005-144aa 01500 PAGE 2 Y RIVERVIEW PARK BRIDGE RENOVATION ENVIRONMENTAL CONTROLS SECTION 01560 irr PART 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 in this section. 1.02 DESCRIPTION OF WORK +rr 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, lay-down and 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 r. 1. The Contractor shall prepare a Surface Water Pollution Prevention Plan (SWPPP) prior to construction activity. 2. The Contractor shall prepare a Spill Prevention, Containment and Countermeasure (SPCC) Plan prior to the start of construction activity (per paragraph 1.08). 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, r. and shall keep them in a neat condition to the satisfaction of the Engineer. 3. In the event that waste material, refuse, debris and/or rubbish are not so 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. 2005-144aa 01560 PAGE1 i RIVERVIEW PARK BRIDGE RENOVATION 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 the City at the conclusion of each day's operations. j 3. In the event that the above requirements are violated and no action is taken 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. 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 which 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. 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, noise level rules, regulations and ordinances which apply to any work performed pursuant to the Contract. 1.06 TREE AND PLANT PROTECTION 61 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 All damage by construction activities. If trees or vegetation are damaged or destroyed by 2005-144aa 01560 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION 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 r■ water. 3. All visible floating oils on surface water at the project site shall be 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 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 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. r. 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: 2005-144aa 01560 rr PAGE 3 RIVERVIEW PARK BRIDGE RENOVATION 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 in observing and reporting 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. 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. 4 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. rill 2005-144aa 01560 "§ PAGE 4 w. RIVERVIEW PARK BRIDGE RENOVATION ENVIRONMENTAL CONTROLS SECTION 01560 wr 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. PART 2 PRODUCTS Yrr NOT USED PART 3 EXECUTION NOT USED vrr END OF SECTION wrr err 2005-144aa 01560 rr PAGE 5 RIVERVIEW PARK BRIDGE RENOVATION LEAD CONTROL SECTION 02110 rr PART GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE The provisions and intent of the contract, including the General Conditions, Supplementary Conditions, and General Requirements, apply to this work as if specified herein. Work related to this section is described in: �r Section 01300, Submittals Section 02200, Demolition Section 05500, Metal Fabrications Section 09900, Painting Steel 1.01 DESCRIPTION OF WORK Extent of Work: This section specifies minimum requirements for lead control related to the work. A. The Contractor shall be responsible for proper worker protection and waste characterization at the jobsite. B. The Contractor shall adhere to all applicable federal, state, and local regulations. C. The lead-paint-bearing steel beams to be demolished and the lead-paint-bearing steel beams to be repainted are depicted on the Plans. D. This paragraph covers all work necessary to protect workers from lead exposure and characterize debris for disposal. The Contractor is to furnish all labor, materials, services, training, insurance, and equipment as needed to perform the work described. E. The Contractor shall be aware that the existing steel framing in the bridge contains lead. A lead-based paint survey has been performed and determined that lead is present in the existing paint. The Contractor shall follow all federal, r state, and local ordinances, regulations, and rules necessary to ensure that workers are not exposed to lead dust above permissible limits and to ensure that lead-containing wastes, if any, are properly characterized and disposed of, in accordance with the Contractor's Demolition and Waste Management Plans, as described in Section 02200 - Demolition. 1.02 CODES AND REGULATIONS wr A. The work of this Contract shall be completed in accordance with the latest edition of standard codes and regulations as published and adopted by the governing .. authority. If a conflict occurs between government-adopted codes or regulations and these Contract Documents, the most stringent standard shall apply. Nothing in these specifications shall be construed to permit work not conforming to governing codes and regulations. Contractor is responsible for complying with rr. 2005-144aa 02110 PAGE 1 err a RIVERVIEW PARK BRIDGE RENOVATION LEAD CONTROL SECTION 02110 any requirements of the applicable codes, standards, regulations, and specifications. B. The Contractor shall assume full responsibility and liability for compliance with applicable federal, state, and local regulations pertaining to the protection of the environment, workers, visitors to the site, and persons occupying areas adjacent to the site. C. The Contractor is responsible for providing medical examinations and maintaining medical records of personnel as required by the applicable federal, state, and local regulations, and shall hold the City of Renton harmless for failure to comply with any applicable safety or health regulation on the part of itself, its employees, or its subcontractors. D. Except to the extent that requirements that are more stringent are written directly into the Contract Documents, the following regulations and standards have the same force and effect (and are made a part of the Contract Documents by reference) as if copied directly into the Contract Documents, or as if published copies were bound herewith. Where there is a conflict in requirements set forth in these regulations and standards, the Contractor shall meet the more stringent requirement. E. U.S. Department of Labor Occupational Safety and Health Administration (OSHA) Regulations, with special attention to the following: 29 CFR 1910 (general industry regulations) 29 CFR 1910.134 (respirator regulations) 29 CFR 1910.1200 (hazard communication regulations) 29 CFR 1926 (construction safety regulations) 29 CFR 1926.62 (lead exposure in construction) F. U.S. Environmental Protection Agency (EPA) Regulations and Publications, with special attention to the following: 40 CFR 117, (Determination of Reportable Quantities for Hazardous Substances) 40 CFR 261 (Identification and Listing of Hazardous Waste) 40 CFR 262 (Standards Applicable to Generators of Hazardous Waste) .fr 40 CFR 263 (Standards Applicable to Transporters of Hazardous Waste) 40 CFR 268 (Land Disposal Restrictions) 40 CFR 302 (Designation, Reportable Quantities, and Notification) -n SW-846, Test Methods for Evaluating Solid Waste-Physical/Chemical Methods G. U.S. Transportation (DOT) Regulations, with special attention to the following: 49 CFR 172 (Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements) 2005-144aa 02110 _4# PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION LEAD CONTROL SECTION 02110 49 CFR 173 (Shippers - General Requirements for Shipments and Packaging) +•� H. State of Washington occupational safety and health regulations, where applicable, with special attention to lead and respirator regulations, including but not limited to: wi. WAC 173-303 Dangerous Waste Regulations WAC 296-62-071 to 07121 Respiratory Protection WAC 296-62-07515 Control of Chemical Agents WAC 296-62-077 to 7761 General Occupational Health Standards WAC 296-62-145 to 14529 Confined Spaces �w. WAC 296-155-176 to 17656 Lead 1.03 SUBMITTALS A. "Approval by the City of Renton" or similar phrases are not to be construed as a transfer of liability; only a statement that the information, material, or equipment submitted appears to comply with the requirements of the Contract and the wr regulatory agencies, and that no objection has been raised upon the submittal information. B. At the preconstruction meeting, the Contractor shall submit to the City of Renton the following Pre-Work Submittals. The submittals shall be reviewed by the City of Renton prior to the start of work. All construction delay costs incurred by the City of Renton because of an incomplete submittal package will be paid by the Contractor. 1. Provide documentation that all Contractor employees, subcontractor employees, and agents who must enter the work area(s) affected by lead have been provided with an opportunity to be medically monitored by a physician in accordance with WAC 296-155-176. The Contractor must rw provide information to the examining physician(s) about conditions in the work place environment (e.g., lead dust) that may impact the employee's ability to perform work activities. �w 2. Provide documentation that workers and supervisors have received training, as a minimum, in accordance with WAC 296-155-176. 3. Provide a lead-based paint removal plan that meets the requirements of the Standard Specifications Section 6-07.3(2). PART 2 PRODUCTS NOT APPLICABLE. PART 3 EXECUTION NOT APPLICABLE. rrr END OF SECTION wr 2005-144aa 02110 PAGE 3 err RIVERVIEW PARK BRIDGE RENOVATION DEMOLITION SECTION 02200 PART 1 GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE The provisions and intent of the contract, including the General Conditions, Supplementary Conditions, and General Requirements, apply to this work as if specified ow herein. Work related to this section is described in: Section 01300, Submittals Section 02300, Earthwork 1.02 DESCRIPTION OF WORK ow A. The work described in this section includes removing and disposing of segments of piling, pile caps, timber decking, steel framing, timber guardrail and sidewalks identified on the Plans or in the Specifications. B. Demolition work shown on the Plans is schematic in nature, and is intended to identify general features of the structures or obstructions to be removed. Information contained on the plans should not be construed as definitive or adequate to supplant the Contractor's actual on-site inspection. Bidders shall visit the site to verify the quantity and details of demolition work. Lack of complete Wr details on the project Plans will not be considered as grounds for additional compensation. 6r 1.03 CONDITIONS OF WORK A. By submitting a bid, the Contractor represents that they have visited the site to become familiar with the quantity and character of all materials to be demolished, and agrees that the premises were made available prior to the deadline for submission of bids for whatever inspection and tests the Contractor deemed appropriate. +rr B. Demolition activities shall comply with all local controls and noise level rules, regulations and ordinances that apply to any work performed pursuant to the wr Contract. 1.04 STANDARD SPECIFICATIONS The Standard Specifications for the work described in this section shall be the Standard Specifications for Road, Bridge and Municipal Construction, as prepared by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter, 2004 Edition. 1.05 SUBMITTALS +r The Contractor shall provide the following submittals, prior to commencement of any demolition, in accordance with Section 01300 - Submittals, and as further specified in + . this Section: wi. 2005-144aa 02200 PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION DEMOLITION SECTION 02200 �rN A. Worker Safety Plan B. Lead-Based Paint Removal Plan (see Section 02110) C. Demolition Plan (per paragraph 3.03) D. Worker Qualifications E. Treated Timber Disposal Plan (per paragraph 3.05) F. Protection of the Public G. Protection of the Environment H. Disposal Sites PART 2 PRODUCTS 2.01 GENERAL Products that are required to accomplish or be incorporated into the work of this section shall be as selected by the Contractor, subject to approval by the Engineer. 2.02 DEMOLITION ITEMS Elements to be demolished: A. Treated timber piling segments, treated timbers under W18 steel beams at pile caps 1, 2, 4 and 5, and treated timber decking along the entire length of the bridge, as indicated on the plans. All of this timber is creosote treated. B. W10 and W18 steel beams and associated framing in the end spans. This steel framing has lead-based paint on it, and must be removed and disposed of appropriately. C. Concrete sidewalks at ends of the bridge. Approximately 18 ft of existing 4 sidewalk must be removed at each end of the bridge. D. Segments of timber guardrail parallel to the bridge at the north end of the bridge. 2.03 REMOVE AND RE-INSTALL ITEMS Elements to be removed and re-installed: ag A. Timber handrails on both sides of the bridge, chain-link gates, bollards, and interpretive sign in handrail and at park end of the bridge. Timber shall be cleaned and repainted. 2005-144aa 02200 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION DEMOLITION SECTION 02200 rr B. Wing portions of guardrails at the north end of the bridge. Guardrails shall be cleaned and repainted. PART 3 EXECUTION 'W 3.01 GENERAL A. The Contractor shall remove and dispose of designated items and other rw obstructions in accordance with all applicable regulations, codes and ordinances. Care shall be taken that demolition work is accomplished such that damage does not occur to adjacent structures or improvements. Any improvements not designated for removal that are damaged by the Contractor shall be repaired or replaced by the Contractor at the Contractor's expense. B. Blasting or other special methods for the removal of an existing structure or obstruction will not be permitted. 3.02 DEMOLITION PERMITS AND FEES w The Contractor shall obtain all demolition permits required. 3.03 DEMOLITION PLAN Prior to the start of this work, the Contractor shall submit to the Engineer, a Demolition Plan that, at a minimum, addresses the following: A. Worker safety. B. Worker Qualifications. C. Protection of the public. D. Work sequence and schedule. E. Protection of the environment. F. Disposal sites, procedures and required permits. All Contractor provided disposal +rr sites shall be subject to approval of the Engineer. 3.04 TEMPORARY SUPPORT OF UTILITIES A. Prior to the start of demolition, the Contractor shall identify all existing utilities that will be affected by the work. These utilities shall remain functional, and shall be temporarily supported and protected from damage throughout the duration of the rr contract. B. Temporary support shall be placed frequently enough so that the conduits and pipes can support their own weight and reasonable environmental effects such as wind or current without damage. Insulation and protective coatings shall remain intact, or be repaired or replaced by the Contractor at no cost to the City. wr 2005-144aa 02200 PAGE 3 RIVERVIEW PARK BRIDGE RENOVATION DEMOLITION SECTION 02200 C. Utilities shall be re-supported by new steel framing, or by bearing on the ground where the utilities meet grade. Existing supports attached to existing steel framing may be removed and re-attached, using new bolts, to new steel framing. Buried utilities shall be re-bedded in a compacted layer of pipe bedding running the full temporarily unsupported length. Pipe bedding shall consist of crushed, processed, or naturally occurring granular material from an approved source, conforming to Section 9-03.12(3) of the Standard Specifications. 3.05 TREATED TIMBER DISPOSAL PLAN Timber piling segments, pile cap beam elements, timber decking, or any other demolition debris which appears to be chemically treated or preserved shall be disposed of in accordance with Engineer's approved Treated Timber Disposal Plan developed by the Contractor. All creosoted material, piling, pile stubs, and associated sediments shall be disposed of by the Contractor in a landfill which meets the liner and leachate standards of the Minimum Functional Standards, Chapter 173-304 WAC. The Contractor will be required to provide receipts from the disposal facility to the Project Engineer. 3.06 DEMOLITION OF SIDEWALKS .rat All sidewalks designated for removal shall be broken up, loaded, and disposed of by the Contractor. The Contractor shall make a vertical saw cut between the existing sidewalk that is to remain and the portion to be removed. Care shall be taken in removing the sidewalk not to damage any of the existing sidewalk that is to remain in place. The Contractor shall replace at its own expense any adjacent sidewalk or other improvements designated to remain that are damaged during construction. .r 3.07 DISPOSAL All materials, except those materials containing substances classified as hazardous or potentially hazardous by local, state, or federal regulating agencies, shall upon their demolition become the property of the Contractor. All such material, including those containing hazardous or potentially hazardous substances, shall be removed and promptly disposed of at an EPA-approved disposal site(s) away from the jobsite. The Contractor is encouraged to recycle materials to the extent permitted by the governing agencies. 3.08 CLEANUP rrl After removal of structures, timbers, and other obstructions designated for demolition, the Contractor shall clean the area. There shall be no debris, rubble, or litter left at the site from any of the demolition operations. +�I END OF SECTION 4i j 2005-144aa 02200 PAGE 4 Sri RIVERVIEW PARK BRIDGE RENOVATION TEMPORARY WATER POLLUTION AND EROSION CONTROL SECTION 02280 rrr PART1 GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and General Requirements, apply to this work as if specified herein. Work related to this section is described in: Section 01300, Submittals Section 01560, Environmental Controls Section 02300, Earthwork err 1.02 DESCRIPTION OF WORK A. This work consists of providing and installing temporary water pollution and erosion control measures specified herein, proposed by the Contractor and approved by the Engineer, or ordered by the Engineer as work proceeds. This work is intended to prevent, control, and stop water pollution or erosion within the project, thereby protecting the work, nearby lands, streams, and other bodies of water. B. Controlling pollution, erosion, stormwater runoff, and related damage may require the Contractor to perform temporary work including: 1. Providing ditches, berms, culverts, and other measures to control surface r. water; 2. Building dams, settling basins, energy dissipaters, and other measures to control downstream flows; 3. Controlling underground water found during construction; or 4. Covering or otherwise protecting slopes and downstream drainage facilities until permanent erosion control measures are working. 1.03 STANDARD SPECIFICATIONS The Standard Specifications for the work described in this Section shall be the Standard .r. Specifications for Road, Bridge, and Municipal Construction as prepared by the Washington Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter, 2002 Edition. rrr 1.04 SUBMITTALS The Contractor shall provide the following submittals in accordance with Section 01300, SUBMITTALS, and as further specified in this Section: Temporary Water Pollution/Erosion Control Plan (per Paragraph 3.01). rr► 2005-144aa 02280 wrr PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION ri TEMPORARY WATER POLLUTION AND EROSION CONTROL SECTION 02280 Ali PART2 PRODUCTS 2.01 GENERAL Products that are required to accomplish or be incorporated into the work of this section shall be as selected by the Contractor, subject to approval by the Engineer. PART 3 EXECUTION 3.01 TEMPORARY WATER POLLUTION/EROSION CONTROL PLAN A. Before any work begins, the Contractor shall submit a Temporary Water Pollution/Erosion Control Plan to the Engineer for review and approval. The plan „r shall describe measures to be taken that comply with City of Renton requirements for protecting adjacent properties, waterways, and drainage facilities. As a minimum, the plan shall indicate the location of construction entrances and to methods to be used to prevent tracking soil onto public streets by construction traffic; disposal of stormwater from the site during phases of work; and temporary water pollution/erosion control methods. B. The plan shall show the schedule for all erosion control work, whether permanent as required by the Contract documents, or temporary as proposed by the Contractor. The plan shall cover all areas the Contractor's work may affect inside and outside of the project limits, including disposal sites, haul roads, and all nearby land, rivers, and other bodies of water. The Contractor shall do no clearing and grubbing or grading before this plan is approved without written approval by the Engineer. C. The Contractor shall allow at least 15 working days for the Engineer's review of any original or revised plan. Failure to approve all or part of the plan shall not make the City of Renton liable to the Contractor for any work delays. D. To the degree possible, the Contractor shall coordinate this temporary work with permanent drainage and erosion control work required by the Contract qt documents. X111 E. If exposed areas erode, the Contractor shall repair the damage, with eroded material where possible, and clean up any remaining material in downstream drainage facilities. F. If the Engineer anticipates water pollution or erosion problems, the Contractor " shall schedule the work so that grading and permanent erosion controls immediately follow clearing and grubbing. If conditions prevent such scheduling, the Engineer shall require temporary erosion control measures between work stages. G. The Engineer may require temporary erosion control measures if it appears pollution or erosion may result from weather, the nature of the materials, or progress of the work. The Engineer may also require permanent erosion control work to be done with or immediately after grading. 4 i 2005-144aa 02280 PAGE 2 ir1 IN RIVERVIEW PARK BRIDGE RENOVATION TEMPORARY WATER POLLUTION AND EROSION CONTROL SECTION 02280 rr H. When temporary control devices are no longer needed, the Contractor shall remove them and restore the areas they occupied as directed by the Engineer. W I. The Contractor shall bear full responsibility for temporary water pollution/erosion control measures for all sources of material, disposal sites, and haul roads the to Contractor provides. All costs for such work shall be included in the various contract unit prices for materials obtained from or hauled to Contractor-provided sites. ar wr END OF SECTION rr 4 or it r err err 2005-144aa 02280 PAGE 3 an RIVERVIEW PARK BRIDGE RENOVATION EARTHWORK SECTION 02300 to PART 1 GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE �r. The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions and General Requirements, apply to this work as if specified in this section. Work related to this section is described in: Section 02200, Demolition rr 1.02 DESCRIPTION OF WORK r The work includes the requirements for excavating, disposing, and backfilling as required to construct the abutments and other work as shown in the plans. 1.03 CONDITIONS OF WORK A. Site Information: No subsurface exploration at the site has been done. No contamination is expected in the soils at the site. The Contractor can visit the site and visually assess the surface soil to make its own determinations as to the nature of the materials to be moved. +r B. Existing Utilities: The Contractor shall locate existing underground utilities in the area of the Work. Those utilities which are to remain shall be adequately protected from damage. C. Excavated materials shall be used to backfill behind the abutments and under replacement sidewalks. 1.04 STANDARD SPECIFICATIONS The Standard Specifications for the work described in this section shall be the Standard aw Specifications for Road, Bridge and Municipal Construction, as prepared by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter, 2004 Edition. PART2 PRODUCTS 2.01 BACKFILL MATERIAL Excavated materials shall be used as backfill where possible at the abutments. Should native soils prove unsuitable, Select fill, as defined in the Standard Specification, shall be used as backfill material. r 2.02 PIPE BEDDING Buried utilities shall be re-bedded in a compacted layer of pipe bedding running the full temporarily unsupported length. Pipe bedding shall consist of crushed, processed, or • 2005-144aa 02300 PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION EARTHWORK SECTION 02300 naturally occurring granular material from an approved source, conforming to Section 9- 03.12(3) of the Standard Specifications. PART 3 EXECUTION Excavating and grading of naturally occurring materials, whether native to the site or imported, which is made a part of this Contract, shall be removed or placed within the tolerances established or within reasonably close conformity with the alignment grade and cross sections indicated on the drawings or as established by the Engineer. 3.01 EXCAVATION FOR STRUCTURES A. Excavate as necessary for new abutments to lines and grades indicated on the drawings. , 10 B. Excavation below the designed depth except as directed by the Engineer, shall be backfilled with select fill material and compacted as specified, at no extra cost to the Owner. C. Suitable excavated material shall be reused as directed by the Engineer. Temporary stock piling of suitable excavated material shall be accomplished in a manner that will protect the material and surrounding area even if the excavated wi material is determined to be of a hazardous nature. D. Brace and shore sides of excavations. Comply with all federal, state, and local regulations regarding shoring, bracing, and other protection requirements. E. Keep water out of excavated pits and trenches by pumping or other means of dewatering. Water level shall be kept below the bottom of concrete pours before, during, and for a minimum of three days thereafter. F. Protect excavated material, stockpiled for reuse as backfill, from contamination by other materials and from damage by weather by covering with waterproof sheeting or other suitable means. r G. Unsuitable excavation shall consist of unstable materials, such as peat, muck, water-impregnated clays, swampy or other undesirable materials, including buried logs, stumps, or trash. H. Unsuitable materials shall be removed to the depth designated by the Engineer. I. Unsuitable material excavated shall be replaced with select fill in accordance with paragraph 2.01 of this section. 6 J. Unsuitable materials, with the exception of materials containing substances classified as hazardous, or potentially hazardous by controlling local, state, and federal regulatory agencies, shall become the property of the Contractor. The Contractor shall make its own arrangements, at its own expense, for the disposal 2005-144aa 02300 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION EARTHWORK SECTION 02300 fr of all these materials, away from Owner-owned property and shall protect the Owner from any and all damages that may arise therefrom. K. Unsuitable hazardous, or potentially hazardous, material shall be stockpiled on site and protected by an enclosure berm of clean material and covered to prevent rainwater from entering the stockpile. L. The Owner will then have the material tested; and if found to be hazardous, a contract change order will be negotiated for the Contractor to dispose of the • material. M. Excavated material not approved by the Engineer for use as fill shall be completely removed from the site and disposed of by the Contractor. 3.02 FILL AND BACKFILL FOR STRUCTURES A. Place fill to lines and grades indicated on the drawings. B. Remove water from excavated areas, by pumping or other means, before placing any fill material. C. Compact subgrade to at least 95% of dry density (ASTM D 1557), with a heavy vibratory plate, making a minimum of four complete passes before placing any fill material. wr D. Do not place any fill against concrete walls/structures until 24 hours after initial pour and/or other construction sequence criteria, if noted on the drawings, are met, or as specifically approved by the Engineer. E. Place fill in layers not exceeding 8 in. (loose thickness) and compact to at least 95% of dry density (ASTM D 1557). Compaction shall be accomplished with a we heavy vibratory plate, making a minimum of four complete passes over each lift and continuing until specified degree of compaction is achieved. F. The soil on either side of the bridge between bents 0.5 and 1 and between 5 and "' 6 shall be cut back at a 2 horizontal to 1 vertical slope away from the bridge to the existing finish grade. 4M 3.03 COMPACTION CONTROL TESTS so Laboratory and field tests shall be performed in accordance with the applicable provisions of these Specifications. Furnish soil samples suitable for the laboratory tests at no cost to the Owner. r A. Compaction control density shall be the maximum density at optimum moisture content as determined by ASTM D 1557, Standard Methods for Moisture-Density so Relationships of Soil and Soil Aggregates, Methods B, C, or D as applicable. wo 2005-144aa 02300 we PAGE 3 RIVERVIEW PARK BRIDGE RENOVATION EARTHWORK SECTION 02300 B. Field tests to determine in-place compliance with required densities as specified, shall be performed in accordance with ASTM D 1556, D 2167, or D 2922. 3.04 SEEDING, FERTILIZING AND MULCHING. A. All areas with disturbed grass shall be restored prior to completion of the project. The Contractor shall provide a seed and fertilizer mix that will produce grass suitable to the surrounding park area. B. Mulch to stabilize the area until the grass is established shall be applied within 48 hours after seeding. END OF SECTION girl 2005-144aa 02300 1 PAGE 4 CONCRETE DIVISION 3 +rr RIVERVIEW PARK BRIDGE RENOVATION FORMWORK SECTION 03100 PART 1 GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE The provisions and intent of the contract, including the General Conditions, Supplementary Conditions, and General Requirements, apply to this work as if specified +r. in this section. Work related to this section is described in: Section 02300, Earthwork Section 03200, Concrete Reinforcement Section 03300, Cast-in-Place Concrete 1.02 DESCRIPTION OF WORK err The work includes furnishing of all necessary material, labor, and equipment for providing the support and forms for all concrete work. Also included in this section are the requirements for removal of the forms and their support. 1.03 QUALITY ASSURANCE A. Concrete forms shall be designed by the Contractor to meet the requirements of the type of concrete, sequence of placing schedule, and other conditions of the project. B. Concrete Forms: Clean concrete forms of all material or other objects considered r► deleterious to the concrete structure or surface. C. The reference standards for formwork are ACI 347 and ACI 301. w PART2 PRODUCTS w► 2.01 GENERAL Materials for concrete forms may be new or used. The quality of the materials, not the age or previous usage, will be the determining factor as to their suitability. 2.02 JOB-BUILT FORMS A. Wood Forms 1. Framing lumber shall be of standard dimensions and of such quality as to meet the requirements of the stresses applied. 2. Use Plyform Plywood for all exposed concrete forms. 3. Shiplap, square-edged boards, or tongue-and-groove sheathing may be used for forming unexposed concrete surfaces. 2005-144aa 03100 PAGE 1 .+r RIVERVIEW PARK BRIDGE RENOVATION i* FORMWORK SECTION 03100 B. Paper, fiberglass, micarta, asphalt-impregnated fiber, and other miscellaneous form materials shall be approved by the Engineer prior to construction. 2.03 PREFABRICATED FORMS All prefabricated forms, whether they are part of a patented system or custom-fabricated, shall be approved by the Engineer prior to assembly. 2.04 FORM LINERS AND COATINGS Line, coat, or treat forms with a suitable bond-breaker to ensure their timely removal with minimum damage to the concrete. Bond-breaker material shall be non-coloring, non- staining and shall not leave a film on the concrete surface that will prohibit the subsequent finishing activities required to attain the desired appearance. 2.05 FORM TIES AND ACCESSORIES wr► A. Form ties shall be manufactured items with a premeasured, break-back, weakened area so that ties can be removed within 3/4 in. of the concrete surface. rr�1 B. Wire ties and wood spacers will not be allowed. PART 3 EXECUTION 3.01 GENERAL Forms shall be cleaned before assembly of all material that would be considered harmful to the concrete structure/surface. 3.02 FORM INSTALLATION A. Forms shall be built to the exact size and shape of the concrete member or part shown or specified. Forms shall be constructed as to be unyielding, true to line and level, and sufficiently tight to prevent escape of mortar, and shall be properly and effectively braced to prevent collapse or deformation of the member being cast. B. Prior to final setting or placing reinforcing steel, forms shall be treated with a bond breaker or parting compound. The compound shall be applied at a rate recommended by the manufacturer that will provide a smooth surface free of dusting action caused by the chemical reaction of the compound. C. Forms may be set with a slight bevel or draft for easy removal, where approved by the Engineer. Corners shall be chamfered 3/4 in. or as indicated on the Plans. +o D. All forms shall be mortar-tight. Standing water in the forms will not be permitted. Immediately prior to placing concrete, the forms shall be cleaned and wetted. so 4 2005-144aa 03100 PAGE 2 ad we RIVERVIEW PARK BRIDGE RENOVATION FORMWORK SECTION 03100 3.03 REMOVAL OF FALSEWORK AND FORMS A. Forms shall remain in place a minimum length of time as follows, during which the temperature averages 40°F or higher: Description Ordinary High-Early- Strength Concrete Concrete Abutments 1 day 24 hours Precast Deck Panels 2 days 24 hours Where lower temperatures prevail, forms shall remain in place longer, at the Engineer's discretion. All periods during which the temperature is below 40°F shall be disregarded in estimating the total time required where artificial heat is rw not applied. B. In lieu of the above methods for determining the time of form removal, forms may 4W be removed when concrete cylinder tests indicate a compressive strength equal to 80% of the assumed 28-day strength for the concrete involved, but in no case less than 1 day. 00 C. The removal of forms, as herein stipulated, shall in no case relieve the Contractor of responsibility for the final acceptability or appearance of the work. ""' D. All form removal shall be accomplished in a manner that will prevent injury to the concrete. to END OF SECTION +r sir 2005-144aa 03100 PAGE 3 ow w� RIVERVIEW PARK BRIDGE RENOVATION REINFORCING SECTION 03200 PART 1 GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE +rr The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and General Requirements, apply to this work as if specified +r in this section. Work related to this section is described in: Section 03100, Concrete Formwork Section 03300, Cast-in-Place Concrete 1.02 DESCRIPTION OF WORK The work includes the requirements for furnishing, detailing, cutting, bending, transporting, and placing of all concrete reinforcement and associated items required or indicated on the Plans. 1.03 QUALITY ASSURANCE A. Qualifications of Workmen: Provide at least one person who shall be present at all times during execution of this portion of the work, who shall be thoroughly familiar with the type of materials being installed and the best methods for their installation, and who shall direct all work performed under this section. B. Reference Standards: 1. ACI 318, Building Code Requirements for Reinforced Concrete. 2. ACI 315, Manual of Standard Practice for Detailing Reinforced Concrete Structures. r 3. ACI 301, Specifications for Structural Concrete for Buildings, Chapter 5. to 4. Washington State Department of Transportation (WSDOT) Standard Specifications, 2004 Edition. 1.04 SUBMITTALS A. Mill Certificates for each heat of steel, indicating specification compliance regarding strength and chemistry of steel to be furnished (per paragraph 2.01). B. Complete Shop Drawings (per paragraph 3.02). irr► 2005-144aa 03200 err PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION REINFORCING SECTION 03200 1.05 PRODUCT HANDLING A. Protection: 1. Protect reinforcement before, during, and after installation and protect the installed work and materials of other trades. ` 2. Store in a manner to prevent fouling with dirt, grease, and other bond-breaking coatings. 3. Use all necessary precautions to maintain identification after the bundles are broken. ,rr B. Replacements: In the event of damage, immediately make all repairs and replacements necessary to the approval of the Engineer at no additional cost. PART 2 PRODUCTS ,i 2.01 REINFORCEMENT A. All reinforcement material shall be new and free from rust. B. All reinforcing bars, except as noted below, shall be deformed billet steel bars, conforming to ASTM A 615, Grade 60. The Contractor shall submit mill certificates to the Engineer, verifying that the reinforcing bars conform to these standards prior to the delivery of materials to the site. 2.02 OTHER MATERIALS All other materials, not specifically described but required for a complete and proper installation of reinforcement, shall be as selected by the Contractor, subject to the approval of the Engineer. PART 3 EXECUTION rrr 3.01 GENERAL A. Prior to installation of this section, carefully inspect the installed work of other trades and verify that such work is complete to the point where this installation may properly commence. arl~ B. Details of bending, placing, and splicing of all reinforcing steel shall conform to ACI 318, except as modified herein. 2005-144aa 03200 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION REINFORCING SECTION 03200 rr. 3.02 REINFORCING STEEL BARS .r. A. Reinforcement placing drawings: Before ordering material, furnish reinforcement placing drawings for approval by the Engineer. Reinforcement placing drawings shall conform to Concrete Reinforcing Steel Institute (CRSI) detailing practice. Do not order material until reinforcement placing drawings have been approved. The approval of reinforcement placing drawings by the Engineer shall in no way relieve the Contractor of responsibility for the correctness of such lists and diagrams. r B. Fabrication: Bend all bars cold to the shapes indicated on the Plans unless otherwise approved by the Engineer. Do not field-bend bars partially embedded in concrete except as indicated on the Plans or as approved by the Engineer. Make bends and hooks in accordance with the applicable portions of the CRSI. C. Placing and Fastening: 1. Place all steel reinforcement accurately and hold firmly in the position indicated on the Plans during the placing and setting of concrete. Tie bars at all intersections. rr 2. Minimum concrete cover to reinforcement shall be as indicated on the Plans. 3. Distance from the forms shall be maintained by means of stays, blocks, ties, hangers, or other approved supports. Blocks for holding reinforcement from contact with the forms shall be precast mortar blocks of not less than 3,750 psi (f c), of approved shape and dimensions, or approved metal chairs. Metal chairs which are in contact with the exterior surface of the concrete shall be plastic coated. Layers of bars shall be separated by spacer bars, plastic-coated chairs, precast mortar blocks of not less than 3750 psi (f c), or other equally suitable devices. 4. In the event that conduits, piping, inserts, sleeves, or other items interfere with placing reinforcement as indicated on the Plans or as otherwise required, immediately consult the Engineer and obtain approval of new ir► procedure before placing concrete. 3.03 SPLICING A. All reinforcement, except as noted below, shall be furnished in the full lengths as indicated on the Plans. Splicing of bars will not be permitted without written approval of the Engineer. +rr 2005-144aa 03200 r. PAGE 3 RIVERVIEW PARK BRIDGE RENOVATION REINFORCING SECTION 03200 3.04 CLEANING REINFORCEMENT Steel reinforcement, at the time concrete is placed around it, shall be free from loose rust or mill scale, oil, paint, and all other coatings which will destroy or reduce bond between steel and concrete. 3.05 INSPECTION ft A. Reinforcement in any member shall be placed and then inspected by the Engineer before the placing of concrete may begin. Concrete placed in violation of this A provision may be rejected, and the Contractor will be required to remove the rejected concrete at no additional cost to the Owner. " B. The Contractor shall notify the Engineer at least 24 hours in advance of any concrete pour, to allow for proper inspection. END OF SECTION ar fA 2005-144aa 03200 PAGE 4 Ali RIVERVIEW PARK BRIDGE RENOVATION CONCRETE STRUCTURES SECTION 03300 PART GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE as The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and the General Requirements, apply to this work as if rr. specified in this section. Work related to this section is described in: Section 03100, Concrete Formwork Section 03200, Concrete Reinforcement 1.02 DESCRIPTION OF WORK The extent and location of the cast-in-place concrete work and precast concrete work are indicated on the drawings. The work includes furnishing of all labor, material, and equipment for providing cast-in-place concrete, precast concrete, and associated work, all as indicated in the Plans, notes, and this Specification. 1.03 STANDARD SPECIFICATIONS rr All concrete work shall conform to the requirements of ACI 301, Specifications for Structural Concrete for Buildings, unless otherwise noted in the Plans and/or this Specification. 1.04 QUALITY ASSURANCE A. Inspection and Testing: The Owner will provide for necessary inspection and testing as required. The Contractor shall provide all necessary assistance in carrying out such inspections and tests, at no additional cost to the Owner. B. Qualification of Workmen: 1. Provide at least one person who shall be present at all times during execution of this portion of the work, who shall be thoroughly trained and experienced in concrete work, and who shall direct all work performed under this section. 2. Trained and experienced journeyman concrete finishers shall be responsible for finishing of exposed surfaces. C. Reference Standards: 1. ACI 318, Building Code Requirements for Reinforced Concrete. 2. ACI 301, Specification for Structural Concrete for Buildings. 2005-144aa 03300 r PAGE1 RIVERVIEW PARK BRIDGE RENOVATION CONCRETE STRUCTURES SECTION 03300 �I 1.05 SUBMITTALS A The following documents shall be submitted in accordance with Section 01300 - Submittals, and submitted to and approved by the Engineer, before any concrete can be placed on the job: A. Manufacturer's name and specifications for all admixtures, concrete bonding agents, curing compounds, etc., proposed for use on the job (per paragraph 2.02). B. Certificates of specification compliance for materials to be used (per paragraph 2.04). C. Proposed concrete mix design, indicating material contents per cubic yard of concrete (per paragraph 2.04). D. Test certificates for compressive strength, yield, air content, and slump of the proposed concrete mix (per paragraph 2.04 [C]). PART 2 PRODUCTS 2.01 GENERAL All concrete, unless specifically permitted by the Engineer, shall be Ready-Mix. Batching, mixing, transportation, and delivery of Ready-Mix concrete shall conform to ASTM C 94. The manufacturer's name and specifications for all materials, proposed for use on the job, shall be submitted to the Engineer. 2.02 MATERIALS A. Portland cement for use in mixes without fly ash shall be Type 1-11 or Type II conforming to ASTM C 150. Upon written authorization of the Engineer, Type III cement may be used for mixes without fly ash. Portland cement for use in mixes with fly ash shall be Type I or Type 1-II conforming to ASTM C 150. If fly ash is used, it shall meet the requirements of ASTM C 618, Type F, with the added provisions that the loss on ignition shall not exceed 1%, and that the fly ash is stored in a separate silo from that of cement. Split bins are not acceptable. B. All coarse and fine aggregate shall consist of hard, tough, durable particles free rrt� from foreign materials, and shall be stored in such a manner as to prevent segregation, excessive breakage, and the introduction of foreign material. Aggregate shall conform to ASTM C 33. The maximum size of coarse aggregate shall not be larger than three-fourths of the minimum clear spacing between reinforcing steel bars and/or between bars and side forms and/or between bars and top or bottom surface of the concrete. Lightweight aggregate or aggregate larger than 1 1/2 in. shall not be used without written permission from the Engineer. C. Water-reducing admixtures shall be used and conform to the requirements of ASTM C 494. Dosage rates shall be in accordance with the manufacturer's so 2005-144aa 03300 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION CONCRETE STRUCTURES SECTION 03300 r recommendations. Air-entraining admixtures shall conform to ASTM C 290. Dosage rates shall be in accordance with the manufacturer's recommendations to meet the air content specified herein. 2.03 OTHER MATERIALS ow All other material, not specifically described but required for a complete and proper installation of cast-in-place concrete, shall be as selected by the Contractor subject to the approval of the Engineer. rrr 2.04 MIX PROPORTIONS AND STRENGTH A. The proportions of aggregate to cement for any concrete shall be such as to produce a mixture which will work readily into the corners and angles of the forms, around reinforcement and embedded items, with the least possible segregation of the material or allowing excess free water to collect on the surface. B. The Contractor shall submit to the Engineer, for review and approval, details of proposed concrete mixes including certificates of specification compliance. aw C. The mix proportions shall be selected in accordance with ACI 318. Test data representing 30 recent consecutive tests for each design shall be submitted to the Engineer to establish the standard deviation used in Section 5.3.1. The criteria for acceptance of submitted tests shall be in accordance with Section 5.3.1.1. Section 5.3.1.1(b) shall be amended to read "500 psi of the specified...." rather than 1000 psi. Where 30 recent consecutive tests are not available, the standard deviation may be determined by records based on no less than 15 tests as described in Section 5.3.1.2. Where no previous data are available, the mix or mixes shall be overdesigned in accordance with Section 5.3.2.2. Deviation from any reviewed design mix without written authorization of the Engineer will not be permitted. D. All concrete shall develop a minimum compressive strength of 4,000 psi in 28 days and shall meet the following requirements: r. 1. Minimum Cementitious Material Cement without fly ash 6 sacks/cy Cement with fly ash 5.5 sacks/cy and 100 lb fly ash/cy 2. Maximum Water/Cement Ratio (by weight, including free moisture on aggregate): 0.40* * If fly ash is used, the-water/cement ratio shall be calculated as the weight of water divided by the weight of cement plus the weight of the fly ash. 3. Air Content: 3.5% to 5.5% 2005-144aa 03300 rr. PAGE 3 RIVERVIEW PARK BRIDGE RENOVATION CONCRETE STRUCTURES SECTION 03300 4. Water-reducer admixture shall be Type A, D, F, or G. The amount shall be such to control the desired workability and water/cement ratio of the mix. 5. Slump: 3 to 5 in. with Type A or D admixtures, 4 to 8 in. with Type F or G admixtures. The slump shall be chosen to enhance workability without violating the water/cement ratio. k PART 3 EXECUTION 3.01 PREPARATORY WORK A. Inspection: 1. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where 40 this installation may properly commence. 2. Verify that all items to be embedded in concrete are in place, properly oriented, located, and secured. 3. Verify that concrete may be placed to the lines and elevations indicated on the Plans, with all required clearance for reinforcement. Ali B. General: 1. All areas in which concrete is to be placed shall be thoroughly cleaned. Existing concrete or concrete from a previous pour shall be cleaned and roughened to provide a bondable surface. Concrete forms shall be thoroughly wet prior to placing concrete. 2. All transporting and handling equipment shall be cleaned of all hardened concrete. C. Notification: Notify the Engineer at least 24 hours in advance of concrete pour. 3.02 PLACING CONCRETE A. Concrete shall be placed as soon as possible after mixing and shall be plastic and readily workable when placed in the forms. Partially set concrete shall not be retempered for use. B. The method and manner of placing concrete shall avoid segregation of the aggregate, or displacement of reinforcement. C. Aluminum conduits or tremies shall not be used for pumping or placing concrete. 10 1 2005-144aa 03300 PAGE 4 do +r RIVERVIEW PARK BRIDGE RENOVATION CONCRETE STRUCTURES SECTION 03300 D. Concrete shall be placed in continuous horizontal layers not exceeding 18 in., and so compacted that there will be no line of separation between layers. Care shall be taken to fill each part of the form by depositing concrete directly or as near the final position as possible. E. In general, the method of depositing and compacting concrete shall be rr. conducted so as to form a compact, dense, impervious concrete with the required surface and a minimum of segregation. Defective concrete shall be removed at the Contractor's expense. arr 3.03 CONSTRUCTION JOINTS Joints and stoppages, except as specifically shown on the Plans, shall generally conform to ACI 318. Joints shall be located so as not to significantly impair the strength of the structure and only as approved by the Engineer. Thoroughly clean all joints to remove all loose concrete and laitance and wet thoroughly before placing fresh concrete. 3.04 COLD/HOT WEATHER CONCRETING VW Do not place concrete when the atmospheric temperature drops below 40°F or rises above 90°F, unless special procedures are followed. For recommended practices for hot/cold weather concreting, refer to ACI 305/306. VW 3.05 CONSOLIDATING CONCRETE A. The Contractor shall provide suitable internal vibrators for use in compacting all concrete. The vibrators shall be of the type designed to be placed directly in the concrete and their frequency of vibration shall be not less than 7,000 impulses per minute when in actual operation. rrr. B. Vibration shall be such that the concrete becomes uniformly plastic. Vibrators shall be inserted to a depth sufficient to vibrate the bottom of each layer '■' effectively, but shall not be allowed to penetrate partially hardened concrete. The vibrators shall not be applied directly to steel which extends into partially hardened concrete. The intervals between points of insertion shall not be less than 2 feet nor more than 3 ft. C. Vibration shall not continue in any one spot to the extent that pools of grout are formed. In vibrating and finishing top surfaces that are exposed to weather or wear, extreme care shall be exercised to avoid drawing water or laitance to the surface. Vibrators shall not be used to transport or move concrete inside the form. D. The Contractor shall supply a sufficient number of vibrators to effectively vibrate all of the concrete placed. Hand tamping shall be required wherever necessary to secure a smooth and dense concrete on the outside surfaces. 2005-144aa 03300 PAGE 5 �r RIVERVIEW PARK BRIDGE RENOVATION CONCRETE STRUCTURES SECTION 03300 3.06 CURING CONCRETE A. Refer to ACI 308 for recommended practices for curing concrete. B. Concrete (other than high-early strength) shall be maintained above 50°F and in a moist condition for at least the first three days after placement. C. High-early strength concrete shall be maintained above 50°F and in a moist condition for at least the first three days after placement. D. All concrete shall be protected from mechanical injury and accelerated drying. No fire or excessive heat shall be permitted near the concrete at any time. E. Accelerated curing methods, if used, must be approved by the Engineer. y 3.07 PRECAST DECK PANELS A. General: Concrete in the deck panels shall have a minimum compressive strength of 4,000 psi and shall meet all other requirements for cast-in-place concrete described in this special provision. B. Manufacturing Tolerances: The deck panels shall be fabricated to the following tolerances: 1. Length +/- '/2 inch Ai 2. Width +/- '/4 inch 3. Depth +/- 1/8 inch 4. Hole diameter +/- 1/16 inch 5. Hole location +/- '/4 inch C. Product Delivery, Storage, and Handling The precast deck panels shall be delivered and handled according to the following requirements: 1. Precast concrete members shall be lifted and supported during manufacturing, stockpiling, transporting, and erection operations only at the lifting or supporting point, or both, as shown on the shop drawings, and + with approved lifting devices. Panels shall not be lifted until the concrete has reached 75% of its design strength. 2. Transportation, site handling, and erection shall be performed with acceptable equipment and methods, and by qualified personnel. r 3. Extreme care shall be exercised during all handling operations. The Contractor shall repair all damaged units at no cost to the City. Units 2005-144aa 03300 PAGE 6 a r RIVERVIEW PARK BRIDGE RENOVATION CONCRETE STRUCTURES SECTION 03300 damaged beyond repair shall be removed and replaced at no additional cost to the City. The precast deck panels shall be stored according to the following requirements: 1. All panels shall be stored off of the ground. 2. Place stored panels so that identification marks are discernible. 3. Separate stacked panels by battens across full width of each bearing area. 4. Stack so that lifting devices are accessible and undamaged. �r 5. Panels shall not be installed until the concrete has reached its design strength. D. Precast Panel Placement Tolerances Placement of the panels shall meet the following tolerances: 1. End panels shall be placed so that the gap between the vertical face of the panel and the abutment stem wall is within 1/8 inch of the plan dimension. 2. Gaps between vertical faces of panels shall be less than or equal to 1/2 inch. 3. Transverse position of the panels relative to the centerline of the bridge AW shall be within % inch of plan location. 3.07 FINISHING CONCRETE A. General: All permanently exposed surfaces, unless specifically noted otherwise, shall be free from local bulging and all unsightly ridges or lips shall be removed to leave a smooth, flat surface. Excessive rubbing will not be permitted. Patching mortar, if used, shall be of the same color as the surrounding concrete. White Portland cement shall be added to patching mortar for color matching purposes. B. Walls and Vertical Surfaces: Immediately after removal of form or absorptive form lining, concrete surfaces shall be inspected for defects. All defects, voids, defective concrete, and tie rod holes shall be repaired immediately after the forms are removed unless otherwise directed by the City. The concrete used for repairing shall be of such quality that it can be thoroughly bonded to the adjacent concrete. C. Horizontal Surfaces: Horizontal surfaces shall have a heavy broom finish. The broom stria shall be approximately 1/8 in. 2005-144aa 03300 PAGE 7 r RIVERVIEW PARK BRIDGE RENOVATION CONCRETE STRUCTURES SECTION 03300 D. Protection of Finish: Every precaution shall be taken by the Contractor to protect finished surfaces from stains or abrasions. Surfaces or edges likely to be injured during the construction period shall be properly protected. 3.08 TESTING " A. Testing of concrete material shall be done by an accredited testing laboratory authorized by the Engineer. Methods of sampling, testing, evaluation, and acceptance shall conform to ACI 301, Chapters 16 and 17. B. Testing, as described above, will be at the Owner's discretion and in no way log relieves the Contractor of any obligations. The Contractor is expected to provide for his own tests to assure the specified quality of materials and work. C. Tests will be performed at no cost to the Contractor, except as noted. The following services shall be performed, when necessary, at Contractor's cost: 1. Additional testing and inspection required because of changes in materials, proportions, and procedures requested by the Contractor. 2. Additional testing of materials or concrete occasioned by their failure by test or inspection to meet specification requirements. END OF SECTION i 2005-144aa 03300 PAGE 8 TECHNICAL SPECIFICATIONS DIVISIONS 5, 65 7 & 9 va RIVERVIEW PARK BRIDGE RENOVATION METAL FABRICATIONS SECTION 05500 on PART1 GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE: The provision and intent of the contract, including the General Conditions, apply to this r work as if specified in this section. Work related to this section is described in: Section 01300, Submittals Section 09900, Painting New Steel Structures r.r 1.02 DESCRIPTION OF WORK: ■r All metal fabrications are to be steel, as indicated on the drawings. The work shall consist of furnishing all materials, labor, and equipment for fabricating and/or repairing, galvanizing and erecting metal fabrications, all in accordance with the drawings, notes, ,. and this Specification. 1.03 QUALITY ASSURANCE: A. Qualification of Fabricator: The fabricator shall be experienced in the fabrication and working of metals, including cutting, bending, forming, and finishing. B. Qualification of Welders: r�r Welders shall be currently certified by the American Welding Society for structural welding. Welding procedures, operations, welders, and tackers shall be qualified in accordance with the AWS Structural Welding Code. 1.04 REFERENCE STANDARDS: A. AISC Specifications for Design, Fabrication, and Erection of Structural Steel for Buildings B. AISC Code of Standard Practice r. C. AWS D1.1, Structural Welding Code - Steel 1.05 SUBMITTALS: A. Submit complete shop drawings indicating all shop and erection details, including cuts, copes, connections, holes, fasteners, and welds. B. Fabrication shall not be started until the relevant shop drawings have been reviewed by the Engineer. 2005-144aa 05500 r PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION METAL FABRICATIONS SECTION 05500 1.06 PRODUCT HANDLING: A. Use all means necessary to protect the materials before, during, and after installation and to protect the installed work of other trades. B. In the event of damage, immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the City of Renton. PART 2 PRODUCTS 2.01 GENERAL: r Unless otherwise noted or specified, all products shall be new, free from oxidation or corrosion, and the "best" quality for the intended use. 2.02 STRUCTURAL STEEL: A. All steel shapes and plates shall meet the requirements of ASTM A 572 Grade 50. B. All angles shall meet the requirements of ASTM A 36. 2.03 BOLTS AND NUTS: All bolts and nuts, except as specifically indicated on the drawings, shall conform to ASTM A 307. 2.04 UTILITY SUPPORTSi11 All pre-fabricated utility supports shall be constructed of 12 Ga. Cold formed steel and shall meet the requirements of ASTM A653 GR 33 (pre-galvanized material). Fasteners shall conform to ASTM A307. 2.05 OTHER MATERIALS: All other materials, not specifically described but required for a complete and proper installation, shall be new, free from rust, best quality of their respective kinds, and subject to the approval of the Engineer. `z 2005-144aa 05500 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION METAL FABRICATIONS SECTION 05500 irr PART 3 EXECUTION 3.01 PREPARATORY REVIEW: Prior to all work of this section, carefully inspect the installed work of all other trades affecting this work and verify'that all such work is complete to the point where this installation may properly commence. 3.02 FABRICATION: A. All structural steel shall be fabricated in accordance with the approved shop drawings and reference standards. B. Insofar as practicable, shop prefabricate all items complete and ready for installation. C. Unless otherwise indicated on the drawings, weld all shop connections. All joints shall be tightly fitting, securely fastened, square, plumb, straight, and true. r. D. Drill or punch all holes required for the attachment of work of other trades and for bolted connections. Burned holes are not acceptable. E. Welding of all metal fabrications shall conform to AWS D1.1. The suitability of welding to the existing steel shall be determined by taking portions of the plate that is to be removed and testing for mechanical properties and chemical composition and preparing a welding procedure suitable for the existing steel. An in-place weld test that is tested in accordance with Table 4.2 of AWS D1.1 may be performed in liu of testing coupons in accordance with Note 2 of Table C8.1 in AWS D1.1. 3.03 PROTECTIVE COATING: +rr A. Galvanizing 1. All miscellaneous steel fabrications, except as noted in paragraph B below, including all fasteners, shall be hot-dip galvanized in conformance with ASTM A 123, and A 153. 2. Galvanize items, insofar as practicable, after fabrication is complete. 3. Galvanizing, damaged accidentally or due to field welding, shall be restored with field-applied galvanizing in accordance with ASTM A 780 (repair using zinc-based alloys). Zinc rich paints are not acceptable. Surface preparation and application shall be strictly per manufacturer's specifications. 2005-144aa 05500 PAGE 3 RIVERVIEW PARK BRIDGE RENOVATION METAL FABRICATIONS SECTION 05500 B. Painting: The following metal fabrications shall be painted as specified in Section 09900 of these specifications: 1. W1 8x60 beams 2. W10x21 beams 3. Plate 3/8 connecting beams 4. W30 to W18 web splice plates 3.04 ERECTION: Erect and install all metal fabrications in strict accordance with the design drawings, shop drawings, and reference standards. r�l x x END OF SECTION ,ems 2005-144aa 05500 PAGE 4 RIVERVIEW PARK BRIDGE RENOVATION BEARING PADS SECTION 05830 PART 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 rr this work as if specified in this section. 1.02 DESCRIPTION OF WORK The Work includes producing, transporting, and installing the bearing pads under each steel beam at the concrete abutments as indicated in the drawings. err 1.03 STANDARD SPECIFICATIONS The Standard Specifications for the work described in this section shall be the Standard Specifications for Road, Bridge and Municipal Construction, as prepared by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter, 2004 Edition. PART2 PRODUCTS rr 2.01 BEARING PADS Bearing pads shall be made of 100% Neoprene with a durometer hardness of 60 +/- 5. The Contractor shall submit a sample of the proposed pad, along with the name of the supplier, to the Engineer for approval. The adhesive to be used on the pad shall be a rubber cement, and shall be applied in conformance with the manufacturer's recommendations. See Section 9-31 of the Standard Specifications for dimensional tolerances and other requirements. PART 3 EXECUTION 3.01 GENERAL The bearing pads shall be bonded to the concrete abutments, and shall be located as �. indicated on the plans. . r END OF SECTION ar 2005-144aa 05830 PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION ROUGH CARPENTRY SECTION 06100 +yrr PART GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE The provisions and intent of the contract, including the General Conditions, Supplementary Conditions, and General Requirements, apply to this work as if specified herein. Work related to this section is described in: Section 09910, Painting Timber wrr 1.02 DESCRIPTION OF WORK The work described in this section includes repair of timber piling and pile caps, removing and replacing guardrail on the bridge, and construction of new guardrail on and off the bridge as identified on the Plans or in the Specifications all in accordance with the Plans, notes, and this Specification. 1.03 REFERENCE STANDARDS The following publications of the issues listed below, but referred to thereafter by basic designation only, form a part of this Specification to the extent indicated by the references thereto: A. American Institute of Timber Construction (AITC), OT-01 "Timber Construction Manual," 1994 Edition +r B. American Society for Testing and Materials (ASTM), A 307, "Carbon Steel Bolts and Studs, 60,000 PSI Tensile Strength," 2003 Edition irr C. American Wood-Preservers' Association (AWPA), C1, "All Timber Products - Preservative Treatment by Pressure Processes," 2003 Edition �. D. American Wood-Preservers' Association (AWPA), P5, "Standard for Waterborne Preservatives," 2002 Edition E. American Wood-Preservers'Association (AWPA), C18, "Standard for Pressure treated Material in Marine Construction," 2003 Edition F. American Wood-Preservers'Association (AWPA), M4, "Standard for the Care of Preservative Treated Wood Products," 2002 Edition .r+ G. West Coast Lumber Inspection Bureau (WCLIB), Pub No. 17, Standard Grading Rules— No. 17 H. Western Wood Preservers Institute (WWPA), Guide: Best Management Practices for the use of Treated Wood in Aquatic Environments, 1996 Edition 1. Western Wood Products Association (WWPA), G-5, Western Grading Rules," 1998 Edition 2005-144aa 06100 PAGE1 RIVERVIEW PARK BRIDGE RENOVATION ROUGH CARPENTRY SECTION 06100 1.04 QUALITY ASSURANCE Provide experienced supervisor and skilled workmen who shall be thoroughly familiar with the type of construction involved and the techniques required for the proper execution of the work. 1.05 DELIVERY AND STORAGE A. Store all lumber off ground and protect from moisture by canvas or plastic covers, but provide ventilation. " B. Handling and care of all treated lumber shall be in accordance with AWPA Standard M-4. 4 PART 2 PRODUCTS 2.01 GENERAL All products shall be new. 2.02 GRADE STAMPS All lumber shall be identified by the grade stamp of the WCLIB or other inspecting agency as approved by the Engineer. ■6 2.03 LUMBER AND TIMBER A. All timber for pile caps shall be Pacific Coast Douglas fir, Grade No. 1, conforming to the dressing and grading rules of West Coast Lumber Inspection Bureau (WCLIB), "Standard Grading Rules— No. 17," or Western Wood Products Association (WWPA), "Western Grading Rules." B. All lumber for guardrail and guardrail reconstruction shall be Pacific Coast Douglas fir, Grade No. 2 or better, conforming to the dressing and grading rules of West Coast Lumber Inspection Bureau (WCLIB), "Standard Grading Rules— No. 17," or Western Wood Products Association (WWPA), "Western Grading Rules." C. All timber piling shall be Pacific Coast Douglas fir, in accordance with ASTM D25. si Diameter of piling for repair shall closely match the diameter of the existing piling. Y D. All timber shall be surfaced four sides (S4S) unless specifically noted otherwise on the drawings. 2.04 PRESERVATIVE TREATMENT A. All replacement timbers for the timber pile cap shall be pressure treated in accordance with AWPA Standards C1, and C2, and shall have a minimum retention 2005-144aa 06100 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION ROUGH CARPENTRY SECTION 06100 ■rr of 0.6 lb per cubic ft of wood by assay of Ammoniacal Copper Zinc Arsenate (ACZA). B. All timber piling shall be pressure treated in accordance with AWPA Standards C1 and C3, and shall have a minimum retention of 1.0 lb per cubic ft of wood by assay of Ammoniacal Copper Zinc Arsenate (ACZA). +r B. All timber for guardrail and guardrail reconstruction shall be pressure treated to a minimum retention of 0.4 lb per cubic ft of wood by assay with Ammoniacal Copper ► Quat (ACQ). C. Storage, handling, care, and field treatment of treated timber shall be in accordance with AWPA Standard M4. D. Treatment shall be applied by an organization regularly involved in the pressurized treatment of wood products. No field treatment will be permitted except for trimmed ends, other required field cuts, or drilled holes. E. Treatment and post treatment procedures shall fully comply with all the requirements of the "Best Management Practices for the use of Treated Wood in Aquatic Environments" guide published by the Western Wood Preservers Institute 2.05 HARDWARE: A. Bolts and miscellaneous hardware shall be new, free from oxidation or corrosion, w. and the "best" quality for the intended use. B. All bolts and nuts shall conform to ASTM A 307. WA C. Provide malleable iron washer under all nut and bolt heads bearing on timber. D. All hardware, as specified above, shall be hot-dip galvanized. .r. PART 3 EXECUTION 3.01 PREPARATORY REVIEW: Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence and be performed in strict accordance with the drawings and this specification. 3.02 FABRICATION AND HANDLING: All treated timber shall be, insofar as practicable, cut to length and drilled before treatment. Care, handling, and field treatment of pressure-treated timber shall be in accordance with AWPA Standard M 4. 2005-144aa 06100 PAGE 3 RIVERVIEW PARK BRIDGE RENOVATION ROUGH CARPENTRY SECTION 06100 �r 3.03 INSTALLATION: A. All workmanship shall be in accordance with best standard practices, and applicable sections of AITC OT-01. B. All handling of treated timber with pointed tools shall be confined to ends. Slings for handling timber shall be rope and not steel cable. C. Fastening: Oil 1. Drill all holes required for the attachment of bolted connections. Burned holes are not acceptable. 2. Holes for bolts shall be 1/16 in. larger than the bolt. 3. Use malleable iron washers, as specified, under all bolt heads and nuts bearing on wood. 4. Holes drilled in pressure-treated material shall be thoroughly swabbed with a material equal to the original preservative treatment, similar to ATCO Woodlast 1423 available from Fields Corp. 253/627-4098 or approved equal. END OF SECTION Y 2005-144aa 06100 PAGE 4 RIVERVIEW PARK BRIDGE RENOVATION COMPRESSION SEAL EXPANSION JOINTS SECTION 07910 PART GENERAL +rr 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. Work related to this section is described in: Section 03300, Concrete Structures 1.02 DESCRIPTION OF WORK r The Work includes producing, transporting, and installing the compression seals between the end precast deck panels and the abutments. 1.03 STANDARD SPECIFICATIONS The Standard Specifications for the work described in this section shall be the Standard Specifications for Road, Bridge and Municipal Construction, as prepared by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter, 2004 Edition. PART 2 PRODUCTS r. 2.01 EXPANSION JOINT COMPRESSION SEALS A. Seals shall be preformed and manufactured from a thermoplastic rubber compound. The seals shall meet the requirements of the properties listed in the table below. Physical Properties ASTM Test Method Requirements Material Thermoplastic Rubber .. Hardness D2240 64A+/-3 Specific Gravity D792 .97+/-2 Tensile Strength D412 860 psi Elongation D412 390% Brittle Temp. (deg. F) D746 -65 Tear Resistance lb/in D624 161 The grade of colorable thermoplastic rubber material shall be UV and ozone resistant B. Lubricant Adhesive - Adhesive (as recommended by the joint manufacturer) shall be a one-part moisture curing polyurethane and aromatic hydrocarbon solvent ,,. mixture which complies with ASTM D-4070. 2005-144aa 07910 . PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION COMPRESSION SEAL EXPANSION JOINTS SECTION 07910 PART 3 EXECUTION 3.01 INSTALLATION A. Where indicated and noted on the contract drawings, install the seals in a neat, workmanlike manner. Utilize manufacturer's optional installation tool where applicable. All surfaces to receive elastomeric compression seal shall be free from dirt, water, frost, and any other loose foreign debris which may be detrimental to effective joint sealing. B. Install seals utilizing manufacturer's recommended adhesive. C. Protect all expansion joint component parts from damage during installation of adjacent materials and thereafter until completion of structure. Protect horizontal seals from construction traffic. D. Expansion joint systems shall be installed in strict accordance with the manufacturer's typical details and instructions along with the advice of their qualified representative. 3.02 CLEAN AND PROTECT A. Protect system and its components during construction. After work is complete in adjacent areas, clean exposed surfaces and remove excess adhesive with a suitable N cleaner that will not harm or attack the elastomeric seal. END OF SECTION w 2005-144aa 07910 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION JOINT SEALANT SECTION 07920 PART 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 in this section Work related to this section is described in: Section 03300, Concrete Structures 1.02 DESCRIPTION OF WORK The Work includes producing, transporting, and installing the joint sealant in the bolt head recesses of the precast deck panels. PART2 PRODUCTS 2.01 JOINT SEALANT The joint sealant shall be a one-component, self-leveling, polyurethane-based material. The sealant shall principally cure under the influence of atmospheric moisture to form an elastomeric substance. The sealant may be Sikaflex-1CSL or an engineer-approved equal meeting the following requirements: rrw 1. The initial cure time shall be 1-2 hours maximum. The final cure time shall be 3 to 5 days maximum. 2. The joint sealant shall be self-leveling. 3. The color shall be gray. 4. Tensile Properties (ASTM D-142) at 21 days: a. Tensile Strength at break: minimum 550 psi b. Tensil Elongation: minimum 700% C. Modulus of Elasticity— 100% Elongation 150 psi, minimum 5. Shore A Hardness (ASTM D-2240) at 21 days: Self-Leveling: 40 +/- 5 6. Adhesion in Peel (ASTM C-794) Concrete: > 30 pli with 0% adhesion loss 7. The sealant shall be non-staining. rrr ow 2005-144aa 07920 am PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION JOINT SEALANT SECTION 07920 PART 3 EXECUTION 3.01 SURFACE PREPARATION The recess and bolt head shall be clean, dry, sound, and free of surface contaminants. a 3.02 APPLICATION rr Pour or extrude the sealant into the prepared recess and allow it to flow and level as necessary. Leave the top of sealant 1/4" below the surface of the panel. Avoid overlapping the sealant to eliminate the entrapment of air. Tool as required to properly fill the recess. Clean uncured misplaced sealant with an approved solvent. Remove cured misplaced sealant by mechanical means. END OF SECTION a r r 2 a Mi b 2005-144aa 07920 PAGE 2 "U RIVERVIEW PARK BRIDGE RENOVATION PAINTING STEEL SECTION 09900 PART1 GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE: The provisions and intent of the contract, including the General Conditions and Supplementary Conditions, apply to this work as if specified in this section. Work related r. to this section is described in Section 01300, Submittals +�r Section 02110, Lead Control Section 05500, Metal Fabrications 1.02 DESCRIPTION OF WORK: The work includes all materials, equipment, and accessories necessary for preparing and providing the required finished painting/protective coating for the following steel fabrications: A. Existing W30 beams and related steel framing to remain in place shall be field painted. B. New W18 beams and related steel framing to be installed shall be shop painted. 1.03 STANDARD SPECIFICATIONS r The Standard Specifications for the work described in this section shall be the Standard Specifications for Road, Bridge and Municipal Construction, as prepared by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter, 2004 Edition. 1.04 QUALITY ASSURANCE: A. Application of paint shall be by experienced painter or painting firm employing experienced personnel. r.. B. Conform to manufacturers' specifications, directions, and recommendations for best results in use of each of their products for each condition. C. Preparation of steel and painting shall conform to Steel Structures Painting Council (SSPC), Steel Structures Painting Manual, Vols. I and II. +rr 1.05 SUBMITTALS: A. Submit complete list of products proposed for use on the project; include manufacturers' product descriptions of all materials; and obtain approval before ' proceeding. Use same manufacturer's products for all coats of each individual finish unless otherwise approved in writing by the Engineer. B. Submit manufacturers' published literature for specified products and accessories as applicable, including manufacturers' specifications, physical characteristics, 2005-144aa 09900 .r. PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION PAINTING STEEL SECTION 09900 and performance data. Submit manufacturers' instructions and directions for application as a supplement if not included in manufacturers' published literature. 1 C. Submit samples of all paints and finishes proposed for use on the project. D. The Contractor shall submit a Containment System Plan used to contain and collect the byproducts of cleaning and surface preparation. See Section 02110 Lead Control for lead control requirements. 1.06 PRODUCT HANDLING: A. Deliver paint materials in unbroken, unopened containers, with manufacturers' labels thereon. Do not open containers or remove labels until the Engineer ,r inspects and approves. Store materials in dry location where indicated ambient temperature of storage is not less than 50°F. B. Take extraordinary care to prevent fire: open containers or inflammable materials only as needed; keep rubbing cloths and oily rags in tightly closed metal containers or remove from the site daily. Benzene, gasoline, and distillate will not be permitted on the job. C. Care shall be exercised in the handling of painting materials to ensure this work and the work of other trades is not damaged, before, during, or after the installation. D. Damaged work, if any, shall be repaired or replaced as necessary to the approval of the Engineer at no additional cost to the City of Renton. 46 PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS: A. Except as otherwise specified, materials shall be the products of the following manufacturers: Preservative Paint Company, Parker Paint Manufacturing Company Inc., Pratt & Lambert, Kelly-Moore Paint Company, International Marine Coatings, Devoe Coatings, or Carboline. Coating systems noted under paragraph 2.06 and 2.07 of this section are products of Carboline. Proposed alternates will be evaluated based on systems equivalent to the ones indicated. B. Materials selected for coating systems for each type surface shall be the product of a single manufacturer. C. Materials not specifically noted but required for the work, such as linseed oil, shellac, thinners, or other materials, shall be the product of the approved paints manufacturer. m 2005-144aa 09900 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION PAINTING STEEL SECTION 09900 rr 2.02 MIXING: Paint products shall be mixed according to the manufacturer's printed directions and shall not be adulterated in any manner except upon specific approval of the Engineer. 2.03 COLOR SELECTION: All items shall be painted standard gray. 2.04 IDENTIFICATION: The manufacturer's identification numbers and specifications listed are for the purpose of indicating the type and quality of paint product desired for the purpose indicated. 2.05 SUBSTITUTIONS: wr If the Contractor desires to use an alternate manufacturer's materials or methods of application, it shall submit these in writing to the Engineer for review and approval prior r�+ to procurement of material. Substantiating technical data are required. Approval will not be granted unless, in the opinion of the Engineer, the quality of finished construction will be equal to that intended. Substitutions shall be at no additional cost to the City of Renton. 2.06 NEW SHOP-COATED STEEL FABRICATIONS: A. Surface preparation to be commercial blast cleaning, conforming to SSPC-SP6. B. Primer to be Carbozinc 11, inorganic zinc primer by Carboline ( (314) 644-1000), applied to a minimum dry film thickness of 2.0 to 3.0 mils for all surfaces. C. Second coat to be Carboguard 888 epoxy polyamide paint by Carboline ((314) +• 644-1000), applied to a minimum dry film thickness of 3.0 to 5.0 mils for all surfaces. D. Finish coat to be Carbothane 133 HB aliphatic acrylic-polyester polyurethane paint by Carboline ((314) 644-1000), applied to a minimum dry film thickness of 3.0 to 5.0 mils for all surfaces. 2.07 FIELD PAINTING EXISTING STEEL (REPAINT): A. Surface preparation to be hand tool cleaning, conforming to SSPC-SP2. B. Spot primer on bare metal to be Carbomastic 615 HS, phenalkamine epoxy primer by Carboline ((314) 644-1000), applied to a minimum dry film thickness of 5.0 to 7.0 mils for all bare surfaces where no paint remains. C. Second coat (full prime) to be Rustbond, polymeric epoxy amine by Carboline ((314) 644-1000), applied to a minimum dry film thickness of 1.0 to 2.0 mils for all surfaces. rw 2005-144aa 09900 PAGE 3 RIVERVIEW PARK BRIDGE RENOVATION PAINTING STEEL SECTION 09900 D. Finish coat to be Carbothane 133 HB aliphatic acrylic-polyester polyurethane paint by Carboline ((314) 644-1000), applied to a minimum dry film thickness of 3.0 to 5.0 mils for all surfaces. PART 3 EXECUTION 3.01 GENERAL: j The Contractor shall apply the paints in accordance with the manufacturer's recommendations as to the application, weather, and temperature conditions. Provide "highest" quality workmanship performed to Engineer's satisfaction. Use clean equipment and brushes when applying paint; spread paint materials evenly without runs; sags; laps; brush marks; variations in color, texture or sheen; and "holidays." Vary colors or sheens between coats, and apply all coats to uniform thicknesses. Refinish any work judged defective at no additional cost to the City of Renton, and repair all work damaged during the progress of the construction. Leave finished surfaces clean, completely covered, uniform in appearance, and satisfactory to the Engineer. 3.02 APPLICATION: A. Use ample undiluted materials applied in uniform thickness over entire areas; do not exceed manufacturer's recommended spreading rate per gallon. B. Tint prime coats if necessary to obtain uniform finish coats. C. Obtain the Engineer's approval of each coat before succeeding coat is applied. Without this approval, the City of Renton reserves the right to require an additional coat. 3.03 TOUCHUP PAINTING: Paint film damaged accidentally or due to field welding shall be restored immediately to its original thickness, after thorough cleaning and necessary surface preparation. Areas damaged due to field welding must be touched up upon completion of welding, after sufficient cleaning and cooling of the welded area has occurred. 3.04 INSPECTION: Measurement of dry paint thickness on metal surfaces shall be accomplished by means of magnetic gages as described in SSPC-PA2. 3.05 FIELD PREPARATION, CLEANING, CONTAINMENT, AND PAINTING: All field painting of existing steel framing shall be done in accordance with Section 6- 07.3(2) of the Standard Specifications. Lead control and protection of Contractor and sub-contractor employees shall be in accordance with Section 02110 Lead Control. The Contractor shall test the containment waste, and dispose of it appropriately according to Chapter 173-303 for waste designated "Dangerous Waste" or"Extremely Hazardous 2005-144aa 09900 PAGE 4 so RIVERVIEW PARK BRIDGE RENOVATION PAINTING STEEL SECTION 09900 Waste." and Chapter 173-304 WAC for waste designated "Solid Waste." In the event that the containment wastes are designated as "Dangerous Wastes" or"Extremely Hazardous Waste" under Chapter 173-303 WAC, the City of Renton will provide to the Contractor the appropriate EPA identification number. A waste site will not be provided by the City of Renton for the disposal of excess materials and debris. err END OF SECTION �r. rr r�r +r. .�r rr +r .r. 2005-144aa 09900 �. PAGE 5 RIVERVIEW PARK BRIDGE RENOVATION PAINTING TIMBER SECTION 09910 PART 1 GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE: �r. The provisions and intent of the contract, including the General Conditions and Supplementary Conditions, apply to this work as if specified in this section. Work related ■o to this section is described in Section 01300, Submittals im Section 06100, Rough Carpentry 1.02 DESCRIPTION OF WORK: g' The work includes all materials, equipment, and accessories necessary for preparing and providing the required finished painting/protective coating for the following timber elements: to A. Existing handrail and guardrail, to be removed, repainted, and reinstalled. B. New guardrails at the ends of the bridge. 1.03 STANDARD SPECIFICATIONS rr► The Standard Specifications for the work described in this section shall be the Standard Specifications for Road, Bridge and Municipal Construction, as prepared by the Washington State Department of Transportation (WSDOT) and the American Public ■r Works Association (APWA), Washington State Chapter, 2004 Edition. 1.04 QUALITY ASSURANCE: A. Application shall be by experienced painter or painting firm employing experienced personnel. B. Conform to manufacturers' specifications, directions, and recommendations for best results in use of each of their products for each condition. Should they be at variance with this specification, report discrepancy to the Engineer for decision. 1.05 SUBMITTALS: A. Submit complete list of products proposed for use on the project; include manufacturers' product descriptions of all materials; obtain approval before proceeding. Use same manufacturer's products for all coats of each individual finish unless otherwise approved in writing by the Engineer. B. Submit manufacturers' published literature for specified products and accessories as applicable, including manufacturers' specifications, physical characteristics, and performance data. Submit as a supplement manufacturers' instructions and directions for application if not included in manufacturers' published literature. 2005-144aa 09910 PAGE 1 RIVERVIEW PARK BRIDGE RENOVATION PAINTING TIMBER SECTION 09910 C. Submit the manufacturers standard colors for selection of color by the City of Renton and samples of all paints and finishes proposed for use on the project. 1.06 PRODUCT HANDLING: a A. Deliver paint materials in unbroken, unopened containers, manufacturers' labels thereon; do not open containers or remove labels until the Engineer inspects and approves. Store materials in dry location where indicated ambient temperature of storage is not less than 50°F. B. Take extraordinary care to prevent fire; open containers or inflammable materials only as needed; keep rubbing cloths and oily rags in tightly closed metal containers, or remove from the site daily. Benzene, gasoline, and distillate will not be permitted on the job. C. Care shall be exercised in the handling of painting materials to ensure this work and the work of other trades are not damaged, before, during, or after the installation. D. Damaged work, if any, shall be repaired or replaced as necessary to the approval of the Engineer at no additional cost to the City of Renton. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS: A. Except as otherwise specified, materials shall be the products of the following manufacturers: Preservative Paint Company, Parker Paint Manufacturing Company Inc., Pratt & Lambert, Kelly-Moore Paint Company, or Farwest Paint. B. Materials selected for coating systems for each type surface shall be the product of a single manufacturer. 2.02 MIXING: Paint products shall be mixed according to the manufacturer's printed directions and shall not be adulterated in any manner except upon specific approval of the Engineer. 2.03 COLOR SELECTION: All items shall be painted a manufacturers standard color. Provide a color chart to the City of Renton and the City will select the color. 2.04 PAINT TYPE A. Repainting existing timber handrails and guardrails shall be done with a latex enamel paint, approved by the manufacturer for exterior use over existing paint of alkyd or latex base. 3 2005-144aa 09910 PAGE 2 RIVERVIEW PARK BRIDGE RENOVATION PAINTING TIMBER SECTION 09910 B. Painting of new timber guardrails shall be done with a latex enamel paint, approved by the manufacturer for exterior use. PART 3 EXECUTION 3.01 GENERAL: The Contractor shall apply the paints in accordance with the manufacturer's recommendations as to the application, weather, and temperature conditions. Provide "highest" quality workmanship performed to Engineer's satisfaction. Use clean equipment and brushes when applying paint; spread paint materials evenly without runs, sags, laps, brush marks, variations in color, texture or sheen, and without "holidays." Vary colors or sheens between coats and apply all coats to uniform thicknesses. Refinish any work judged defective at no additional cost to the City of Renton, and repair all work damaged during the progress of the construction. Leave finished surfaces clean, completely covered, uniform in appearance, and satisfactory to the Engineer. 3.02 APPLICATION: A. Repainting shall be done in a single coat. Should the coverage be incomplete or not provide a uniform finish and color, a second coat may be required at the discretion of the engineer. B. Painting new timber shall be done in two coats, unless otherwise recommended by the manufacturer. C. Use ample undiluted materials; apply in uniform thickness over entire areas; do not exceed manufacturer's recommended spreading rate per gallon. D. Obtain the Engineer's approval of each coat before succeeding coat is applied. Without this approval, the City of Renton reserves the right to require an additional coat. 3.03 TOUCHUP PAINTING: +• Paint film damaged accidentally shall be restored immediately to its original thickness, after thorough cleaning and necessary surface preparation. 3.04 FIELD PREPARATION, CLEANING, CONTAINMENT, AND PAINTING: All field painting or painting of new timber elements shall be done in accordance with Section 6-07.3(3) of the Standard Specifications. Before painting all loose debris and .� paint shall be removed by powerwashing. Before painting over ACQ-treated new timber, all surfaces shall be scrubbed or brushed clean with water so that all surface crystals are removed, and then allowed to dry to no more than 18% moisture content before painting. Store timber awaiting painting under cover, and stacked with spreaders to ensure air circulation and to prevent warping. END OF SECTION 2005-144aa 09910 PAGE 3