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CAG-05-052 0.° TM =� = Document A101 — 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the A5tAday of Tu�y in the year of 2005 (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) ADDITIONS AND DELETIONS: City of Renton The author of this document has 1055 S. 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 Global Diving and Salvage,Inc. form text is available from the 3840 W.Marginal Way SW author and should be reviewed. Seattle,WA 98106 A vertical line in the left margin of Telephone Number:206-623-0621 this document indicates where Fax Number: 206-932-9036 the author has added necessary information and where the author has added to or deleted from the The Project is: original AIA text. (Name and location) This document has important Coulon Beach Park Boat Launch Repair legal consequences. Gene Coulon Memorial Beach Park Consultation with an attorney 1201 Lake Washington Blvd.N is encouraged with respect to Renton,WA 98055 its completion or modification. AIA Document A201-1997, The Architect is: General Conditions of the (Name, address and other information) Contract for Construction,is adopted in this document by Berger/Abam reference. Do not use with other 33301 Ninth Avenue South,Suite 300 general conditions unless this Federal Way,WA 98003-2600 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 ©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. 1 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 1023:20 on 05/26/2005 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. (1976735311) User Notes: 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 to proceed.) September 6,2005 If,prior to the commencement of the Work,the Owner requires time to file mortgages,mechanic's liens and other security interests,the Owner's time requirement shall be as follows: §32 The Contract Time shall be measured from the date of commencement. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than sixty(60)days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date November 2005 subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) One Thousand and Five Hundred Dollars and No Cents per calendar day ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be One Hundred Nine Thousand One Hundred Sixty-eight Dollars and Eight Cents ($ 109,168.08)including Washington State Sales Tax,subject to additions and deductions as provided in the Contract Documents. §4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A1101* —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. 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 10:23:20 on 05/26/2005 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (1976735311) +�r *.r% N/A §43 Unit prices,if any,are as follows: Description Units Price($0.00) Additional crushed rock 10 to 40 cubic 5566.46 per cubic yard yards ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: §5.1.3 The City of Renton operates on a two-week cycle according to the 2005 Accounts Payable Calendar,a copy of which will be provided to the Contractor. Applications for Payment must be received by the Owner a minimum of one week prior to any Purchase Order cutoff date to be processed in that run. §5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of five percent(5%). Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; 2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent(5%); .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 ©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. 3 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:23:20 on 05/26/2005 under Order No.1000175113_1 which expires on 5/912006,and is not for resale. User Notes: (1976735311) *SOW *Moo .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and (Section 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor,any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-1997. §'5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.61 and 5.1.62 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997,and to satisfy other requirements, if any,which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: ARTICLE 6 TERMINATION OR SUSPENSION §6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. §6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS §7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §72 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ( )per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers) AIA Document A101 T —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 AIAe 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 10:23:20 on 05/26/2005 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale User Notes: (1976735311) §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 §7.4 The Contractor's representative is: (Name, address and other information) David Devilbliss 3840 W.Marginal Way SW Seattle,WA 98106 Telephone Number: 206-623-0621 Fax Number:206-932-9036 §7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS §8.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: §8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,AIA Document A101-1997. §8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Document A201-1997. §8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated April 13,2005,and are as follows Document Title Pages Section 00705 General Conditions of the 39 Contract Section 00800 Supplementary General 3 Conditions Section 00900 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 list the Specifications here or refer to an exhibit attached to this Agreement.) -;Title of Specifications exhibit: Gene Coulon Memorial Beach Park Boat Launch Repair-Divisions 0, 1,2, 5 §8.1.5 The Drawings are as follows,and are dated September 1,2004 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Gene Coulon Memorial Beach Park Boat Launch Repair-Sheet T-1:Title,Drawing Index,Vicinity Map and Legend; Sheet C-1:Plan Sections and General Notes;Sheet C-2: Sections and Details. AIA Document A101T —1997.Copyright 0 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 AIAO 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 10:23:20 on 05/26/2005 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (1976735311) **A..+ 140W §8.1.6 The Addenda,if any,are as follows: Number Date Pages Addendum#1 April 25,2005 1 Addendum#2 April 28,2005 7 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. §8.1.7 Other documents,if any,forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies,of which one is to be delivered to the Contractor,one to the Architect for use in the administration of the 7 Contr ct,and the remainder to the Owner. OWNER(ignature) CONTRACTOR/, (Sign e) -75-n Kathy Keolker-Wheeler,Mayor 2- l Z-W, . (Printed name and title) (Printed name and title) ATTEST(Signature) Bonnie Walton,City Clerk t (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 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 10:23:20 on 05/26/2005 under Order No.1000175113_1 which expires on 5/9/2006,and is not for resale. User Notes: (1976735311) 9 0 =21 PROJECT. or GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 1201 LAKE WASHINGTON BLVD. NORTH RENTON, WASHINGTON 4- n . . Owner: CITY OF RENTON COMMUNITY SERVICES ADMIN 1055 South Grady Way Renton, WA 9805S ..: Bill Rasmussen, CIP Coordinator Ph: 425 430 6617 Fx: 425 430 6603 Date: April 13, 2005 04!25/05 MON 15:54 FAX 425 430 6603 RENTON COMMUNITY SRVCS 10 002 d GENE COULON MEMORIAL BEACH PARK / BOAT LAUNCH REPAIR ADDENDUM#1 GENE COULON MEMORIAL BEACH PARK >pN C0NTRACTCP P',AN BOAT LAUNCH REPAIR TE RECC _r ; 1201 Lake Washington Blvd. N, Renton, Washington OT AL I ADDENDUM #1 Distributed to All Current Plan Holders of City Record 25 April 2005 The Addendum forms part of the Contract Documents and modifies the original Bidding Documents dated as: Project Manual: April 13, 2005 If in conflict with previously issued Contract Documents, this Addendum will supplement and supercede applicable portions of the Contract Documents and shall be reflected in all Bid Proposals. Modifications Project Manual — Section 05530 - Gratin Replace: Replace Paragraph 2.01, A.: A. Material shall be riveted steel bar grating type R-18-3 % (1 '/s" X 3/16") Steel, as defined in the NAAMM - Heavy Duty Metal Bar Grating Manual, from the below listed manufacturers or approved equal. The bar grating shall be hot-dip galvanized after fabrication with trim banding on all ends. Sections of grating shall be 21 bars wide, approximately 24 inches, and have a length of 8 feet. With: A. Material shall be welded steel bar grating type W-19-4 (1" X 3/16") Steel, as defined in the NAAMM - Heavy Duty Metal Bar Grating Manual, from the below listed manufacturers or approved equal. The bar grating shall be hot-dip galvanized after fabrication with trim banding on all ends. Sections of grating shall be 21 bars wide, approximately 24 inches, and have a length of 8 feet. END OF ADDENDUM #1 2005-100aa Addendum#1 PAGE 1 04/29/05 FRI 09:15 FAX 425 430 6603 RENTON COMMUNITY SRVCS 10002 s/ R�� • GENE COULON MEMORIAL BEACH PARK �.� BOAT LAUNCH REPAIR ( ADDENDUM#2 GENE COULON MEMORIAL BEACH PARK G SON CONTRAG'OCI P;JW C BOAT LAUNCH REPAIR TE RE o�..�a, 1201 Lake Washington Blvd. North, Renton, Washingtoncl ' Addendum #2 Distributed to All Current Plan Holders of City Record April 28, 2005 The Addendum forms part of the Contract Documents and modifies the original Bidding Documents dated as: Project Manual: April 13, 2005 If in conflict with previously issued Contract Documents, this Addendum will supplement and supercede applicable portions of the Contract Documents and shall be reflected in all Bid Proposals. Modifications Project Manual —Section 00020 —SYNOPSIS OF BIDDING INFORMATION Replace: 4. BIDS DUE: Thursday, April 28, 2005 - 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. With: 4. BIDS DUE: Thursday, May 5, 2005 - 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. Replace: 5. TENTATIVE SCHEDULE OF WORK Bids due by 2:30 PM Thursday, April 28, 2005 With: 5. TENTATIVE SCHEDULE OF WORK Bids due by 2:30 PM Thursday, May 5, 2005 2005-104aa Addendum#2 PAGE 1 04/29/05 FRI 09:16 FAX 425 430 6603 RENTON COMMUNITY SRVCS Z003 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR ADDENDUM#2 Proiect Manual —Section 00040 — CALL FOR BIDS Replace: The first paragraph Sealed bids will be received until 2:30 p.m., Thursday, April 28, 2005, at the City Clerk's office, 7th floor, and will be opened and publicly read in the fifth floor conference room, 9521, of Renton City Hall, 1055 S. Grady Way, Renton, WA 98055, for the boat launch ramps repair project at Gene Coulon Memorial Beach Park, 1201 Lake Washington Blvd N., Renton, Washington. With: Sealed bids will be received until 2:30 p.m., Thursday, May 5, 2005, at the City Clerk's office, 7'" 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 boat launch ramps repair project at Gene Coulon Memorial Beach Park, 1201 Lake Washington Blvd N., Renton, Washington. Project Manual — Section 00200— INSTRUCTIONS TO BIDDERS Replace: PART 1 INSTRUCTIONS TO BIDDERS 6. SUBMISSION OF BIDS 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, April 28, 2005. With: PART 1 INSTRUCTIONS TO BIDDERS 6. SUBMISSION OF BIDS 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, May 5, 2005. Proiect Manual — Section 00310 — BID FORM Replace: Pages 1 and 2 of SECTION 00310- BID FORM With: Attached Pages 1 and 2 of SECTION 00310-BID FORM. Project Manual — Section 01025 — MEASUREMENT AND PAYMENT Replace: PART1 GENERAL 1.05 INCREASED OR DECREASED QUANTITIES Adjustments due to increased or decreased quantities will be made in accordance with Section 00700 - General Conditions. The quantity of gravel and concrete panels may vary from 50% to 200% of the quantity shown on the drawings before the unit price per each may be renegotiated. 2005-104ea Addendum#2 PAGE 2 04/29/05 FRI 09:16 FAX 425 430 6603 RENTON COMMUNITY SRVCS 10 004 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR ADDENDUM#2 With: PART1 GENERAL 1.05 INCREASED OR DECREASED QUANTITIES Adjustments due to increased or decreased quantities will be made in accordance with Section 00700 - General Conditions. The quantity of gravel, concrete panels, panel adjustment and voids beneath panels may vary from 50% to 200% of the quantity shown on the drawings before the unit price per each may be renegotiated. Replace: PART 4 MEASUREMENT AND PAYMENT 4.02 CRUSHED ROCK (CUBIC YARD) A. Payment for all work and costs related to crushed rock shall be full compensation for labor and materials including, but not limited to, pre and post-fill field surveys, preparing and furnishing calculations, survey control, submittals, transportation, placement, spreading and leveling, removing and replacing panels if required to place, spreading and leveling the crushed rock in voids beneath panels (which shall be at the contract lump sum price) and other related items of work in accordance with the project plans and specifications. With; PART 4 MEASUREMENT AND PAYMENT 4.02 CRUSHED ROCK (CUBIC YARD) A. Payment for all work and costs related to crushed rock shall be full compensation for labor and materials including, but not limited to, pre and post-fill field surveys, preparing and furnishing calculations, survey control, submittals, transportation, placement, spreading and leveling, crushed rock material for filling voids beneath panels and other related items of work in accordance with the project plans and specifications. Replace: PART 4 MEASUREMENT AND PAYMENT 4.07 RIVETED BAR GRATING (LUMP SUM) Payment for all work and costs related to substitution of riveted bar grating for the welded bar grating included in the base bid shall be at the contract lump sum price, and shall be full compensation for incremental additional labor and materials including but not limited to; furnishing, placing, anchoring in the correct location, anchorage material and installation, temporary anchorage and other related items of work in accordance with the project plans and specifications. With: PART 4 MEASUREMENT AND PAYMENT 4.07 RIVETED BAR GRATING (LUMP SUM) Payment for all work and costs related to substitution of riveted bar grating for the welded bar grating included in the base bid shall be at the contract lump sum price, and shall be full compensation for incremental additional labor and materials including but not limited to; furnishing, placing, anchoring in the correct location, anchorage material and installation, temporary anchorage and other related items of work in accordance with the project plans and specifications. The lump sum price of Riveted Bar Grating is in addition to the base bid total. 2005-104aa Addendum#2 PAGE 3 04%29/05 FRI 09:16 FAX 425 430 6603 RENTON COMMUNITY SRVCS Z005 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR ADDENDUM#2 Add; PART 4 MEASUREMENT AND PAYMENT 4.09 PANEL ADJUSTMENT (EACH) A. Payment of all work and costs related to panel adjustment shall be at the unit contract price per each panel adjusted, and shall be full compensation for labor and materials including but not limited to, adjustment of the panels to the tolerance requirements of SECTION 05530-GRATING and other related items of work in accordance with the project plans and specifications. B. The Contractor shall obtain authorization for each panel adjusted from the Owner prior to adjusting the panel. Multiple adjustments of the same panel will be counted as one adjustment for purposes of payment unless the Contractor can demonstrate that the panel moved out of tolerance after an adjustment was completed through an act that was beyond the Contractor's control. C. Quantities of panel adjustment above and below the quantity shown on the bid form shall be paid at the same unit price for this bid item, as described in item 1.05. Quantities of panel adjustment beyond the limits described in item 1.05 shall be paid at a unit price per each that is subject to negotiation, if so desired, by the Contractor or the Owner. Add: PART 4 MEASUREMENT AND PAYMENT 4.10 VOIDS BENEATH PANELS (EACH) A. Payment of all work and costs related to filling voids beneath panels with crushed rock shall be at the unit contract price per each, and shall be full compensation for labor and materials including but not limited to, removing and replacing and/or lifting the panels to allow placement of crushed rock as described in SECTION 02730-CRUSHED ROCK, placement, spreading and leveling the crushed rock in voids beneath panels and other related items of work in accordance with the project plans and specifications. Fill material for the void(s) is included in the bid item CRUSHED ROCK. B. The Contractor shall obtain authorization for filling of a void beneath a panel from the Owner prior to filling the void. Multiple voids under one panel will be counted as one void for purposes of payment. C. Quantities of voids beneath panels above and below the quantity shown on the bid form shall be paid at the same unit price for this bid item, as described in item 1.05. Quantities of voids beneath panels beyond the limits described in item 1.05 shall be paid at a unit price per each that is subject to negotiation, if so desired, by the Contractor or the Owner. 2005-104aa Addendum#2 PAGE 4 04/29/05 FRI 09:17 FAX 425 430 6603 RENTON COMMUNITY SRVCS @1006 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR ADDENDUM#2 Proiect Manual — Section 02730 — CRUSHED ROCK Add the following to Paragraph 1.03 - REFERENCES: American Society for Testing and Materials, ASTM D448-03 Standard Classification for Sizes of Aggregate for Road and Bridge Construction Replace; 2.01 CRUSHED ROCK A. Crushed rock shall be manufactured from ledge rock, talus, or gravel. The materials shall be uniform in quality, and free from wood, steel, roots, bark and other extraneous material. B. Crushed rock shall meet the requirements for coarse aggregate specified in Section 9-03.1(4) of the WSDOT Standard Specifications for AASHTO Grading No.57. It shall be washed rock. With; 2.01 CRUSHED ROCK Crushed rock shall meet the requirements for coarse aggregate specified in Section 9- 03.1(4) of the WSDOT Standard Specifications or ASTM D448. It shall be 1 '/" or 1 '/" railroad ballast manufactured from coarse, fractured aggregate from Dupont Plant Pit No. B-335 with the sieve analysis shown below. In addition the rock shall be washed to remove fines. Sieve Size Percent Passing Minimum Maximum 1 '1 100 V 90 97 W? 45 60 5/8" 20 40 /z' 0 7.5 3/8" 0 5 END OF ADDENDUM #2 (after pages 1-2 for Section 00310) 2005-104aa Addendum#2 PAGE 5 04%29/05 FRI 09:17 FAX 425 430 6603 RENTON COMMUNITY SRVCS 19007 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR BID FORM SECTION 00310 FORM OF PROPOSAL. ( BID ) for the GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 1201 Lake Washington Blvd. North Renton, Washington Bids Due: Thursday, May 5, 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 "Gene Coulon Memorial Beach Park Boat Launch Repair," Renton, WA and have examined the site of the work and the locations where said work is to be done, and fully understands the manner in which payment is proposed to be made for the cost thereof, hereby proposes to furnish all materials/equipment and to perform all labor 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. 2004-166aa 00310 PAGE 1 01/29/05 FRI 09:18 FAI 425 430 6603 RENTON COMMUNITY SRVCS Z008 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR BID FORM SECTION 00310 A- BASE BID AND ALTERNATE ONE BID SCHEDULE Note: Unit prices for all items, all extensions, and total amount of bid shall be shown. All entries must be typed or written in ink. Item Unit Cost Total Amount No. Quantity Unit Item Description Dollars Dollars 1 Lump Sum L.S. Mobilization Lump Sum $ 2 10 CY Crushed Rock $ $ 3 Lump Sum L.S. Micro-piles Lump Sum $ 4 12 Each Concrete Panels $ $ 5 Lump Sum L.S. Gratin Lump Sum $ 6 16 Each Panel Adjustment $ $ 7 8 Each Voids beneath $ $ panels 8 Lump Sum L.S. Project Cleanup Lump Sum $ and Closeout Subtotal $ Washington State $ Sales Tax Base Bid Total $ 9 Lump Sum L.S. Riveted Bar Grating Lump Sum $ Washington State $ Sales Tax Alternate Bid One $ Total Bid Base Total +Alternate Bid One Total $ 10 10 to 40 CY Additional quantity $ Crushed Rock S. 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 2004-166aa 00310 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR BID FORM SECTION 00310 FORM OF PROPOSAL ( BID ) for the GENE COULON MEMORIAL BEACH PARK 2q(V BOAT LAUNCH REPAIR 1201 Lake Washington Blvd. North `5 Renton, Washington Bids Due: Wednesday, October 20, 2004 — 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 "Gene Coulon Memorial Beach Park Boat Launch Repair," Renton, WA and have examined the site of the work and the locations where said work is to be done, and fully understands the manner in which payment is proposed to be made for the cost thereof, hereby proposes to furnish all materials/equipment and to perform all labor 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. 2004-166aa 00310 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR BID FORM SECTION 00310 A. BASE BID AND ALTERNATE ONE BID SCHEDULE Note: Unit prices for all items, all extensions, and total amount of bid shall be shown. All entries must be typed or written in ink. Item Unit Cost Total Amount No. Quantity Unit Item Description Dollars Dollars 1 Lump Sum L.S. Mobilization Lump Sum $ 2 10 CY Crushed Rock $ $ 3 Lump Sum L.S. Micro-piles Lump Sum $ 4 12 Each Concrete Panels $ $ 5 Lump Sum L.S. Grating Lump Sum $ 6 Lump Sum L.S. Project Cleanup Lump Sum $ and Closeout Subtotal $ Washington State $ Sales Tax Base Bid Total $ 7 Lump Sum L.S. Riveted Bar Grating Lump Sum $ Washington State $ Sales Tax Alternate Bid One $ Total Additional quantity __-----------_ 8 10 to 40 CY Crushed Rock $ 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 2004-166aa 00310 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR BID FORM SECTION 00310 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 Al 01 "STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR - STIPULATED SUM", 1997 edition. 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. 2004-166aa 00310 PAGE 3 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR BID FORM SECTION 00310 F. TIME FOR COMPLETION The undersigned hereby agrees to "FINAL COMPLETION" of all Work outlined in the Contract Documents within one hundred (100) 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 ($1,500.00) 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 ( ) 2004-166aa 00310 PAGE 4 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 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 2004-166aa 00310 PAGE 5 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR NON-COLLUSION AFFADAVIT/ MINIMUM WAGE FORM SECTION 00400 NON-COLLUSION AFFIDAVIT Being duly sworn,deposes and says,that he is the identical person who submitted the forgoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further,that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid,or any other person or corporation to refrain from bidding,and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over the other Bidder or Bidders. AND CERTIFICATION RE:ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually 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 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: COULON BEACH PARK GANGWAY IMPROVEMENTS Name of Bidders Firm Signature of Authorized Representative of Bidder Subscribed and sworn to before me on this day of 12004. Notary Public in and for the State of Washington Residing at: END OF SECTION 2004-166aa 00400 PAGE 1 a GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 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..... ................. ................... 2004-166aa 00420 PAGE GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 List of major pieces of equipment which are owned by the Contractor and which will be available and required for use on this project: .......................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... 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? ............................................................................................................................................... For what 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: .............................................................. ................................. END OF SECTION 2004-166aa 00420 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 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 2004-166aa 00500 PAGE 1 0,1,,l 3,,05 WED 10:33 FAX 425 430 6603 RENTON COMMUNITY SUCS 001 �`� ; ° City of Renton,� ' Community Services 1055 South Grady Way *N'�� Renton, WA 98055 Date: 4113105 T0: Design Centers FROM: April Alexander Phone: Phone: 425,430.6600 Fax Phone: Fax: 425.430.6603 SUBJECT: Gene Coulon Memorial Number of pages including cover sheet: Beach Park Boat Launch Repair Project documents REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please ❑ For your be mailed ASAP Comment review Please remove Section 00310, pages 1 and 2, and replace with the faxed pages. This also needs to be done in the separate Form of Proposal that was placed inside the project manual. The old pages have an incorrect date for the bid due date. Please fax this form back to me and Indicate that the pages have been removed and replaced. Thank you_ We have removed and replaced pages 1 and 2 for Section 00310 in the project manual and in the separate Form of Proposal package. Planholder name: REN TON AHLAn GP TKT cURVi 04%13/05 WED 10:33 FAX 425 430 6603 RENTON COMMUNITY SRVCS Z002 .. GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR BID FORM �. SECTION 00310 •■ FORM OF PROPOSAL ( BID ) for the GENE. COULON MEMORIAL BEACH PARK *� BOAT LAUNCH REPAIR 1201 Lake Washington Blvd. North Renton, Washington �. Bids Due: Thursday, April 28, 2005-- 2:30 p.m- 40 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 "Gene Coulon Memorial Beach Park Boat Launch Repair," Renton, WA and have examined the site of the work and the locations where said .• work is to be done, and fully understands the manner in which payment is proposed to be made for the cost thereof, hereby proposes to furnish all materials/equipment and to perform all labor 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 A" hereinafter set forth, shall be grounds for rejection of the bid. 4. I r.r I prr 00310 2004-166aa PAGE 1 r+r 04,,13/05 WED 10:33 FAX 425 430 6603„ RENTON COMMUNITY SRVCS Z003 .r GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR BID FORM SECTION 00310 A. BASE BID AND ALTERNATE ONE BID SCHEDULE Note: Unit prices for all items, all extensions, and total amount of bid shall be shown. All entries must be typed or written in ink. Unit Cost Total Amount fiff Unit Item Description Dollars Dollars L.S. Mobilization Lum Sum $ CY Crushed Rock $L.S. Micro- ilex Lum Sum $Each Concrete Panels $do L.S. Gratin Lump Sum $ Project Cleanup Lump Sum $ 6 Lump Sum L.S and Closeout Subtotal $ Washington State $ .� Sales Tax Base Bid Total $ 7 Lum Sum L.S. Riveted Bar Grating Lump Sum $ Washington State $ ,.� Sales Tax Alternate Bid One $ Tota I r Additional quantity $ ______ g 10 to 40 CY Crushed Rock 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 „r 00310 2004-166aa PAGE 2 i PROJECT MANUAL for GENE COULON MEMORIAL BEACH PARK Boat Launch Repair 1201 Lake Washington Blvd. North RENTON, WASHINGTON 98055 Owner: CITY OF RENTON COMMUNITY SERVICES ADMIN 1055 South Grady Way Renton, WA 980 5 5 Bill Rasmussen, CIP Coordinator Ph: 42S 430 6617 Fx: 425 430 6603 Engineer: BERGER/ABAM Engineers, Inc. 33301 Ninth Avenue South Federal Way, WA 98003-6395 Date: April 13, 2005 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR TABLE OF CONTENTS TITLE NUMBER OF PAGES Table of Contents 1 DIVISION O - BIDDING REQUIREMENTS CONTRACT FORMS AND CONDITIONS OF THE CONTRACT 00020 Synopsis of Bidding Information .................................................................................2 00030 Invitation to Bid........................................................................................................... 1 00040 Call for Bids ................................................................................................................1 00110 Bidder's Checklist... 1 00200 Instructions to Bidders ................................................................................................4 00310 Bid Proposal (also inserted separately).......................................................................5 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)...................................................................1 00705 General Conditions of the Contract...........................................................................39 00800 Supplementary General Conditions ............................................................................3 00900 Special Conditions......................................................................................................3 00910 Bond to the City of Renton Form ................................................................................1 00920 Insurance & Related Requirements............................................................................3 DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work.......................................................................................................3 01015 Special Provisions.......................................................................................................7 01025 Measurement and Payment........................................................................................5 01027 Application for Payment..............................................................................................1 01028 Change Orders...........................................................................................................3 01060 Regulatory Requirements........................................................................................... 1 01200 Meetings.....................................................................................................................2 01300 Submittals...................................................................................................................3 01340 Shop Drawings, Product Data & Samples...................................................................1 01400 Quality Control............................................................................................................ 1 01430 Inspections & Tests ....................................................................................................2 01500 Temporary Controls..................................................... 2 01560 Environmental Controls...............................................................................................5 01570 Traffic Regulation .......................................................................................................2 01630 Product Substitutions..................................................................................................5 01700 Project Closeout .........................................................................................................2 DIVISIONS 2 & 5—TECHNICAL SPECIFICATIONS 02451 Micro Piles..................................................................................................................2 02730 Crushed Rock....................................................... 3 05530 Gratings......................................................................................................................4 2004-166aa TABLE OF CONTENTS PAGE 1 BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT DIVISION 0 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SYNOPSIS OF BIDDING INFORMATION SECTION 00020 1. PROJECT: GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 1201 Lake Washington Blvd. North Renton, WA 98055 2. OWNER: City of Renton 1055 South Grady Way Renton, WA 98055 3. OWNER'S 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, April 28, 2005 — 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 Wednesday, April 13, 2005 Pre-Bid Site Walk-Thru Thursday, April 21, 2005 10:00 a.m. Bids Due by 2:30 PM Thursday, April 28, 2005 Commence Construction Work First Monday after Labor Day 6. TIME OF CONSTRUCTION: Sixty (60) calendar days. No construction is permitted during the lead time. Liquidated damages thereafter at one thousand five hundred dollars ($1,5000) per day. 2004-166aa 00020 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SYNOPSIS OF BIDDING INFORMATION SECTION 00020 7. BID SECURITY: Minimum 5% of bid submitted as cash, certified check, bid bond, or cashiers check 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 2004-166aa 00020 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR INVITATION TO BID SECTION 00030 CITY OF RENTON COMMUNITY SERVICES ADMINISTRATION GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR You are invited to submit a sealed bid for boat launch repair at Gene Coulon Memorial Beach Park, 1201 Lake Washington Blvd. North, 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 Thursday, April 28, 2005, 2:30 p.m. The bids will then be publicly opened and read aloud in the 5th Floor Conference Room #521 of City Hall. Bids received after the specified time and date will not be considered. The project will repair two boat launch ramps at the south end of Lake Washington in Gene Coulon Memorial Beach Park. The project work includes locating and salvaging displaced concrete panels from the lake, reinstallation of the concrete panels on the launch ramps, and installation of micro-piles and metal grating. 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 reject any and all bids and waive any informalities or irregularities in the bids received. The range for the estimated construction cost is $110,000 to $150,000, including tax. The City's fair practices/non-discrimination policies and State Prevailing Wage Rates apply to this project. Bid documents will be available Wednesday, April 13, 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 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. A pre-bid site walk-through will be held on Thursday, April 21, 2005, 10:00 a.m., at the site. Each bidder is fully responsible for familiarizing himself with the work and the site conditions. The successful bidder shall enter into a contract in accordance with the bid and shall furnish a Performance Bond in the amount of 100% amount bid. END OF SECTION 2004-166aa 00030 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR CALL FOR BIDS SECTION 00040 CITY OF RENTON GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR PROJECT CALL FOR BIDS Sealed bids will be received until 2:30 p.m., Thursday, April 28, 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 boat launch ramps repair project at Gene Coulon Memorial Beach Park, 1201 Lake Washington Blvd N., Renton, Washington. The work, to be performed within sixty (60) calendar days from the date of commencement under this contract, shall include, but not be limited to: Locating and salvaging displaced concrete panels from the lake, reinstallation of the concrete panels on the launch ramps, and installation of micro-piles and metal grating. 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 Wednesday, April 13, 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 Thursday, April 21, 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 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 April 13 & 20, 2005 END OF SECTION 2004-166aa 00040 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SECTION 00110 BIDDER'S CHECKLIST BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms, which must be executed in full as required and submitted with the bid: 1. Proposal: The bid price shall be stated in terms of a total lump. Illegible figures may invalidate the bid. 2. Proposal Signature Sheet To be filled in and signed by the Bidder. 3. Bid Bond No bond form other than the form provided within these specifications shall 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 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 To be filled in and signed by the bidder. 5. Non-Collusion Affidavit 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 2004-166aa 00110 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR INSTRUCTIONS TO BIDDERS SECTION 00200 PART 1 INSTRUCTIONS TO BIDDERS 1. BIDDERS REPRESENTATIONS A. The work involved under the terms of this contract document shall be full and complete installation of the facilities, as shown on the plans and as described in the construction specifications. B. The Bidder, by making a Bid, represents that he has read and understands the Bidding Documents and the Bid is made in accordance therewith. He has also visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the bidders personal observations with the requirements of the proposed Contract Documents. C. Bids shall include Work in conformance with all applicable State Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over the construction of the Project. D. A total of one hundred (100) 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 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 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. 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. 2004-166aa 00200 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 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 the bidder, his address, and the name: "Gene Coulon Memorial Beach Park Boat Launch Repair- 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, Wednesday, October 20, 2004. D. No telegraphic or fax modifications will be allowed. 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. 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. 2004-166aa 00200 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 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: • 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 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 ($1,500.00) (not to be construed in any sense a penalty) is the agreed liquidated damages incurred by the City for failure of the Contractor to meet the scheduled completion dates. 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. 2004-166aa 00200 PAGE 3 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 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 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 2004-166aa 00200 PAGE 4 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR BID FORM SECTION 00310 FORM OF PROPOSAL ( BID ) for the GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 1201 Lake Washington Blvd. North Renton, Washington Bids Due: Wednesday, October 20, 2004 — 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 "Gene Coulon Memorial Beach Park Boat Launch Repair," Renton, WA and have examined the site of the work and the locations where said work is to be done, and fully understands the manner in which payment is proposed to be made for the cost thereof, hereby proposes to furnish all materials/equipment and to perform all labor 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. 2004-166aa 00310 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR BID FORM SECTION 00310 A. BASE BID AND ALTERNATE ONE BID SCHEDULE Note: Unit prices for all items, all extensions, and total amount of bid shall be shown. All entries must be typed or written in ink. Item Unit Cost Total Amount No. Quantity Unit Item Description Dollars Dollars 1 Lump Sum L.S. Mobilization Lump Sum $ 2 10 CY Crushed Rock $ $ 3 Lump Sum L.S. Micro-piles Lump Sum $ 4 12 Each Concrete Panels $ $ 5 Lump Sum L.S. Grating Lump Sum $ 6 Lump Sum L.S. Project Cleanup Lump Sum $ and Closeout Subtotal $ Washington State $ Sales Tax Base Bid Total $ 7 Lump Sum L.S. Riveted Bar Grating Lump Sum $ Washington State $ Sales Tax _ Alternate Bid One $ Total 8 10 to 40 CY Additional quantity $ __ __________ Crushed Rock 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 2004-166aa 00310 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR BID FORM SECTION 00310 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 Al 01 "STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR - STIPULATED SUM", 1997 edition. 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. 2004-166aa 00310 PAGE 3 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR BID FORM SECTION 00310 F. TIME FOR COMPLETION The undersigned hereby agrees to "FINAL COMPLETION" of all Work outlined in the Contract Documents within one hundred (100) 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 ($1,500.00) 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 ( ) 2004-166aa 00310 PAGE 4 ' GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 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 2004-166aa 00310 PAGE 5 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR NON-COLLUSION AFFADAVIT/ MINIMUM WAGE FORM SECTION 00400 NON-COLLUSION AFFIDAVIT Being duly sworn,deposes and says, that he is the identical person who submitted the forgoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further,that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid,or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over the other Bidder or Bidders. AND CERTIFICATION RE:ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually 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 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: COULON BEACH PARK GANGWAY IMPROVEMENTS Name of Bidders Firm Signature of Authorized Representative of Bidder Subscribed and sworn to before me on this day of 2004. Notary Public in and for the State of Washington Residing at: END OF SECTION 2004-166aa 00400 PAGE GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 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: ......................... er 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: .......................................................................... Aw 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 .................................... ....................................... ................................ ................. ................... .................................... ....................................... .................................... ....................................... ................................ ................. ................... 4W .................................... ....................................... ................................ ................. ................... .................................... ....................................... ................................ ................. ................... 4. 2004-166aa 00420 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 List of major pieces of equipment which are owned by the Contractor and which will be available and required for use on this project: ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... .� BankReferences:............................................................................................................................... ...................................... ................................................................................................................... ,rre 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:..................... ........................................................................................................................................................... ar Bidder: ................................. ........................................................... (Printed Name of Bidder) . ... . . . ... ... ................. ............ By: . . 1 (Sign.ature.. . . . . of Authorized Official)................... Title: ........................................................... ................................... r END OF SECTION 2004-166aa 00420 PAGE 2 �s GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 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 2004-166aa 00500 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 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. END OF SECTION "GENERAL CONDITIONS of the CONTRACT for CONSTRUCTION," PAGES 1-39 FOLLOW THIS SECTION 2004-166aa 00705 PAGE 1 9.:,-AIA TN Document A201 — 1997 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address): THE OWNER: ADDITIONS AND DELETIONS: (Name and address): The author of this document has 1 added information needed for its completion.The author may also have revised the text of the P Y HE ARCHITECT: dO original AIA standard form.An Q (Name and address): Additions and Deletions Report t WERE 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 vertical line in the left margin of this document indicates where 1 GENERAL PROVISIONS the author has added necessary information and where the author 2 OWNER has added to or deleted from the original AIA text. 3 CONTRACTOR This document has important legal consequences. 4 ADMINISTRATION OF THE CONTRACT Consultation with an attorney is encouraged with respect to 5 SUBCONTRACTORS its completion or modification. 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS This document has been approved and endorsed by The 7 CHANGES IN THE WORK Associated General Contractors of America 8 TIME s 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY a 1 INSURANCE AND BONDS z 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT AIA Document A201TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) M site INDEX 3.1.3,4.2,4.3.4,4.4,9.4,9.5 s and Topics in Bold are Section Headings) Architect's Approvals a 2.4,3.1.3,3.5.1,3.10.2,4.2.7 >' "eceptaice of Nonconforming Work Architect's Authority to Reject Work 9 f 9 3,123 3.5.1,4.2.6, 12.1.2, 12.2.1 recceptance of Work Architect's Copyright .a F9-:1i6 9.8.2,9.9.3,9.10.1,9.10.3,12.3 1.6 Access to Work Architect's Decisions 6 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, ident Prevention 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, '3110 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 •s and sstons Architect's Inspections y� 32,33 X28 318; 2.34.3.8,4.4.1,8.3.1, 4.2.2,4.2.9,4.3.4,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 1 ;13 42,A3-7 14-4 Architect's Instructions �1dde ' 3.2.3,3.3.1,4.2.6,4.2.7,4.2.8,7.4.1, 12.1, 13.5.2 rr 1, 111 Architect's Interpretations N �f a osts,� fot 4.2.11,4.2.12,4.3.6 11 Architects Project Representative 0 1rsUng 4.2.10 5 *. Architect's Relationship with Contractor o ;g 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, ` 3.7.3,3.10,3.11,3.12,3.16,3.18,4.1.2,4.1.3,4.2, 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, z 4 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, or toy id 13.4.2 13.5 Architect's Relationship with Subcontractors +�► 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.4.7 Architect's Representations 0 9.4.2,9.5.1,9.10.1 Architect's Site Visits " ;s ids y 4.2.2,4.2.5,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, �� y < y, 13.5 h ti ins for payment Asbestos 5, '�3, 4,°9.5 1,9Ly63,9.7.1,9.8.5, 10.3.1 1 4.3 g , Attorneys'Fees 3.18.1,9.10.2, 10.3.3 .10.2,3 13.4.2, 13.5 Award of Separate Contracts t "ka 6.1.1,6.1.2 4.5 ,4.6,8.3. ,9.7.1, 11.4.9, Award of Subcontracts and Other Contracts for Portions of the Work F Architect 5.2 .a 4.1 Basic Definitions Arc tecl, of 1.1 41 1 Bidding Requirements rtir � Chttect, ttt�hority 1.1.1, 1.1.7,5.2.1, 11.5.1 6,44,5.2,6.3,7.1.2,7.3.6,7.4, Boiler and Machinery Insurance >,T 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 1,13 5 2,14,2.2, 14.2.4 Bonds,Lien 71, of Authority and 9.10.2 t� k Bonds,Performance,and Payment 4,3.12.8,3.12.10,4.1.2,4.2.1, 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 4.2.7,4.2.10,4.2.12,4.2.13,4.4, Building Permit 5.2.1,7.4,9.4.2,9.6.4,9.6.6 3.7.1 Architect's Additional Services and Expenses Capitalization 2.4, 11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 1.3 Architect's Administration of the Contract Certificate of Substantial Completion ab 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 AIO Document Is protected by U.S.Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be s 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) s� 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;15,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 9.16.!":6.7, 14.1.1.3, 14.2.4 Concealed or Unknown Conditions Certificates of Inspection,Testing or Approval 4.3.4,8.3.1, 10.3 13.5.4 Conditions of the Contract Certificates of Insurance 1.1.1, 1.1.7,6.1.1,6.1.4 9.10.2, 11.1.3 Consent,Written Change Orders 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 1.1.1,2.4.1,3.4.2,3.8.2.3,3.11.1,3.12.8,4.2.8,4.3.4, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 4.3.9,5.2.3,7.1,7.2,7.3,8.3.1,9.3.1.1,9.10.3, CONSTRUCTION BY OWNER OR BY 11.4.1.2, 11.4.4, 11.4.9, 12.1.2 SEPARATE CONTRACTORS Change Orders,Definition of 1.1.4,6 7.2.1 Construction Change Directive,Definition of CHANGES IN THE WORK 7.3.1 3.11,4.2.8,7,8.3.1,9.3.1.1, 11.4.9 Construction Change Directives Claim,Definition of 1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 4.3.1 ` Construction Schedules,Contractor's Claims and Disputes 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 3.23,4.3,4.4,4.5,4.6,6.1.1,6.3,7.3.8,9.3.3,9.10.4, Contingent Assignment of Subcontracts 10.3.3 5.4,14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance 4.6.5 4.3.3 Claims for Additional Cost Contract,Definition of 3.2.3,4.3.4,4.3.5,4.3.6,6.1.1,7.3.8, 10.3.2 1.1.2 Claims for Additional Time CONTRACT,TERMINATION OR 3.2:3,4.3.4,4.3.7,6.1.1,8.3.2, 10.3.2 SUSPENSION OF THE Claims for Concealed or Unknown Conditions 5.4.1.1, 11.4.9, 14 4.3.4 Contract Administration Claims for Damages 3.1.3,4,9.4,9.5 3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, Contract Award and Execution,Conditions Relating 11.1.1, 11.4.5,11.4.7, 1.4.1.3, 14.2.4 to Claims Subject to Arbitration 3.7.1,3.10,5.2,6.1, 11.1.3, 11.4.6, 11.5.1 4.4,1,4.5.1,4.6.1 Contract Documents,The Cleaning Up 1.1,1.2 3.15,6.3 Contract Documents,Copies Furnished and Use of Commencement of Statutory Limitation Period 1.6,2.2.5,5.3 13.7 Contract Documents,Definition of Commencement of the Work,Conditions Relating to 1.1.1 2.2.1,3.2.1,3.4.1,3.7.1,3.10.1,3.12.6,4.3.5,5.2.1, Contract Sum 5.2.3,6.2.2,8.1.2, 8.2.2,8.3.1, 11.1, 11.4.1, 11.4.6, 3.8,4.3.4,4.3.5,4.4.57 5.2.3,7.2,7.3,7.4,9.1,9.4.2, 9.5.1.4,9.6.7,9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2 Commencement of the Work,Definition of Contract Sum,Definition of 8.1.2 9.1 Communications Facilitating Contract Contract Time Administration 4.3.4,4.3.7,4.4.5,5.2.3,7.2.1.3,7.3,7.4,8.1.1,8.2, 3.9.1,4.2.4 8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 14.3.2 Completion,Conditions Relating to Contract Time,Definition of 1.6.1,3.41,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8, 8.1.1 9.9.1,9.10, 12.2, 13.7, 14.1.2 CONTRACTOR COMPLETION,PAYMENTS AND 3 9 Contractor,Definition of Completion,Substantial 3.1,6.1.2 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, Contractor's Construction Schedules 9.10.4.2, 12.2, 13.7 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 Compliance with Laws Contractor's Employees AIA Document A201 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. 3 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) so 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 s 11.1 1, 11.4.7, 14.1, 14.2.1.1, Damage to Construction of Owner or Separate Glntractor's Liability Insurance Contractors ' s 3.14.2,6.2.4,9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, is Relationship with Separate Contractors 11.4, 12.2.4 ' per's Forces Damage to the Work 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 ii actor's Relationship with Subcontractors Damages,Claims for X22,3.3.2,318.1,3182 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, 114, 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 C6htractor' lation�htp ith the Architect Damages for Delay 1 2 16 3 ,3.2 , ,,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 1116 3;7-04:3 10"; 3.12,3 ,3 1, 4.1.2,4.1.3,4.2, Date of Commencement of the Work,Definition of 43, ,4 ; , a5 2,7,83.1,9.2,9.3,9.4, 8.1.2 11.3,11.4.7,12, Date of Substantial Completion,Definition of m 1 2 r V, 8.1.3 e tat ' Day,Definition of x 2 $l 1 9.3.3,9.8.2 8.1.4 y s s bkey-,£t1F Those Performing the Decisions of the Architect ' men r 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, 8 ,41,613,6.2,6.3,9.5.1, 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, y 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 (Documents Decisions to Withhold Certification 7 9.4.1,9.5 9.7 14.1.1.3 � A �ont'r` r' iii lithe Work Defective or Nonconforming Work,Acceptance, `7- Rejection and Correction of 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, a r 9.9.3,9.10.4, 12.2.1, 13.7.1.3 Defective Work,Definition of 5.2.3,7.3.6,9.2,9.3, 3.5.1 g 1 91Q 2,9103, 11.1.3, 11.5.2 Definitions er ;-� u �' for s Snettdnt 1.1,2.1.1,3.1,3.5.1,3.12.1, 3.12.2,3.12.3,4.1.1, 0 2 5} €t 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1, 9.1,9.8.1 tttritClr Su ston and ttuchon Delays and Extensions of Time s cedute 3.2.3,4.3.1,4.3.4,43.7,4.4.5,5.2.3,7.2.1,7.3.1, \k 3, 141 42 4.2.7,4.3.3,6.1.3, 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 �` 6 2 4,??1 7 ,7 3 6 8 2,10, 14 Disputes .Co �i ility Insutrice� 4.1.4,4.3,4.4,4.5,4.6,6.3,7.3.8 1-3 r `3 Documents and Samples at the Site t;~r on and Correlation 3.11 2,3.3.1,3,10,E j1 3,6.2.1 Drawings,Definition of Cotes Furnished vyftt �aitd Specifications 1.1.5 to 1 f, 2 5,3 11 Drawings and Specifications,Use and Ownership of VZ xCopyng�hts� 1.1.1, 1.3, 2.2.5,3.11,5.3 s 6,3 17 "'� x Effective Date of Insurance � �Cp echo 8.2.2, 11.1.2 2.4,3.7 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 Correlti4it and�Intent of the Contract Documents Employees,Contractor's �zt 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, o f 11.1.1, 11.4.7, 14.1, 14.2.1.1 Equipment,Labor,Materials and 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, 2.4,3.2.3,3.7.4,3.8.2,3.15.2,4.3,5.4.2,6.1.1,6.2.3, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, 7.3.3.3,7.3.6,7.3.7,7.3.8,9.10.2, 10.3.2, 10.5, 11.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 11.4, 12.1, 12.2.1, 12.2.4, 13.5, 14 Execution and Progress of the Work Cutting and Patching alk 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. 4 Unauthorized reproduction or distribution of this Ale Document,or any portion of 1%may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order s N0.10001 175821 which expires on 5/1012005,and is not for resale. User Notes: (3552668520) sae s 1.1.3, 1.2.1, 1.2.2,2.2.3,2.2.5,3.1,3.3,3.4,3.5,3.7, Insurance,Project Management Protective 3.10,3.12,3.14,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3,7.3.4, Liability ',9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 11.3 s �F gk ns of Time Insurance,Property X4:3:1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3,7.4.1, 10.2.5,11.4 9 5 1,9.7.1, 10.3.2, 10.6.1, 14.3.2 Insurance,Stored Materials i 0l♦aiture of Payment 9.3.2, 11.4.1.4 �55- rrr n" IF 3,6;9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 INSURANCE AND BONDS ; Flty Work 11 rye Defective or Non' orming Work) Insurance Companies,Consent to Partial Occupancy Ha Ui4l Completion andflual Payment 9.9.1, 11.4.1.5 Z4,4.2.9,,`4.3,2,9 8 ,£910, 11.1.2, 11.1.3, 11.4.1, Insurance Companies,Settlement with 1 .5, 12 3 1, 13 7,14,2 ; 14.4.3 11.4.10 2 ctal ArratigelnenU Owner's Intent of the Contract Documents .r �21322, 4.115 1.2.1,4.2.7,4.2.12,4.2.13,7.4 Fu� :Extended"coverage insurance Interest 13.6 `rE PR. IONS Interpretation 1.2.3,1.4,4.1.1,4.3.1,5.1,6.1.2,8.1.4 rr verning Interpretations,Written s 1 1 F 4.2.11,4.2.12,4.3.6 �� G1u31ran a Warren, r ., Joinder and Consolidation of Claims Required Harda tetxals 4.6.4 iY2 4 103 Judgment on Final Award c entfl tiQ menu 4.6.6 >51s A& Labor and Materials,Equipment IT dentlfi, ubd,6@raC66&5And 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 21 � a r3ky y 42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, z Indm tuffitron 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 X31 3.3$ 9 10 , 10,3 3 10 5, 11.4.1.2, 11.4.7 Labor Disputes r .^ Lion and Sevl�ces Required of the Owner 8.3.1 1 , 4-3 2rt1, 124, h2.10,4.2.7,4 3,3,6.1.3, Laws and Regulations V r 1 2 5,19 321 9 61,9 6 4 9 9 2,91(1.3, 10.3.3, 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.19 4.4.8,4.6, X212, 21:4,13 5 1, 13 5 2 14.1-1¢,14 4 9.6.4,9.9.19 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, r rf Yn]uM p J- a1118g,1'40 Person or Property 13.5.2, 13.6, 14 ' .3Rr 10.21 6= Liens y n peCtlons � 2.1.2,4.4.8,8.2.2,9.3.3,9.10 1 ,3.33,3 7 1,4.2.2, '.2,9.8.2, Limitation on Consolidation or Joinder 1, .1, 4.6.4 tions to B1dd „`f Limitations,Statutes of 4.6.3, 12.2.6, 13.7 O Instructions t the Limitations of Liability s 3 �,-J,3.31 38.1,4 X1,8.2.2, 13.5.2 2.3,3.2.1,3.5.1,3.7.39 3.12.8,3.12.10,3.17,3.18, s ance 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4, 9.6.7,9.10.4, 6 2 1,9.3.2,9.8.49 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 :s 110.5, 11 Limitations of Time urance,Boiler aintl lVIachinery 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, all 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, the Date of 13.7,14 Loss of Use Insurance of Use 11.43 11.4.3 Material Suppliers Insurance,Owner's Liability 1.6,3.12.1,4.2.49 4.2.6,5.2.1,9.3,9.4.2,9.69 9.10.5 11.2 Materials,Hazardous ,. 10.2.4, 10.3, 10.5 AIA Document A201 TM-1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 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. 5 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result In severe civil and criminal penalties,and will be er prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order N0.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) rr Materials,Labor,Equipment and 1.6,2.1.1,2.3,2.4,3.4.2,3.8.1,3.12.10,3.14.2,4.1.2, 1.1.3, 1.1.6, 1.6.1,3.4,3.5.1,3.8.2,3.8.23,3.12,3.13, 4.1.3,4.2.4,4.2.9,4.3.6,4.4.7, 5.2.1,5.2.4,5.4.1, 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1, 7.3.6,9.3.2,9.3.3, 6.1,6.3,7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2,9.5.1, 9.5.1.3,9.10.2, 10.2.1, 10.2.4, 14.2.1.2 9.9.1,9.10.2, 10.3.2, 11.1.3, 11.3.1, 11.4.3, 11.4.10, Means,Methods,Techniques,Sequences and 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Procedures of Construction Owner's Financial Capability 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 2.2.1, 13.2.2, 14.1.1.5 Mechanic's Lien Owner's Liability Insurance 4.4.8 11.2 Mediation Owner's Loss of Use Insurance 4.4.1,4.4.5,4.4.6,4.4.8,4.5,4.6.1,4.6.2,8.3.1, 10.5 11.4.3 Minor Changes in the Work Owner's Relationship with Subcontractors 1.1.1,3.12.8,4.2.8,4.3.6,7.1,7.4 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 MISCELLANEOUS PROVISIONS Owner's Right to Carry Out the Work 13 2.4,12.2.4.14.2.2.2 Modifications,Definition of Owner's Right to Clean Up 1.1.1 6.3 Modifications to the Contract Owner's Right to Perform Construction and to 1.1.1, 1.1.2.3.7.3,111,4.1,2,4.2.1,5.2.3,7,8.3.1, Award Separate Contracts 9.7, 10.3.2, 11.4.1 6.1 ilbMutual Responsibility Owner's Right to Stop the Work 6.2 2.3 Nonconforming Work,Acceptance of Owner's Right to Suspend the Work 9.6.6,9.9.3,12.3 14.3 Nonconforming Work,Rejection and Correction of Owner's Right to Terminate the Contract 2.3,14,3.5.1,4.2.6,6.2.5,9.5.1,9.8.2,9.9.3,9.10.4, 14.2 112.1, 13.7.1.3 Ownership and Use of Drawings,Specifications Notice and Other Instruments of Service 2.2.1,2.3,2.4,3.2.3,3.3.1,3.7.2,3.7.4,3.12.9,4.3, 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 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,4.6.5, 3.14,6.2.5 5.2.1,8.2.2,9.7,9.10, 10.2.2, 10.3, 11.13, 11.4.6, Patents 12.2.2, 12.2.4,13.3, 14 3.17 Notice of Testing and 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 AIA9 Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) Performance Bond and Payment Bond Review of Contractor's Submittals by Owner and 7.3.6.4,9.6.7,9.10.3, 11.4.9,11.5 Architect Permits,Fees and Notices 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 2.22,37,3.13,7.3.6.4, 10.2.2 Review of Shop Drawings,Product Data and PERSONS AND PROPERTY,PROTECTION Samples by Contractor OF 3.12 10 Rights and Remedies 1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6,4.3.4,4.5,4.6,5.3, Polychlorinated Biphenyl 5.4,6.1,6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 10.3.1 12.2.2, 12.2.4, 13.4, 14 Product Data,Definition of Royalties,Patents and Copyrights 3.12.2 3.17 Product Data and Samples,Shop Drawings Rules and Notices for Arbitration 3.11,3.12,4.2.7 4.6.2 Progress and Completion Safety of Persons and Property 4.2.2,4.3.3,$.2,9.8,9.9.1, 14.1.4 10.2,10.6 Progress Payments Safety Precautions and Programs 4.3.3,9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3 3.3.1,4.2.2,4.2.7,5.3.1,10.1, 10.2, 10.6 Project,Definition of the Samples,Definition of 1.1.4 3.12.3 Project Management Protective Liability Samples,Shop Drawings,Product Data and Insurance 3.11,3.12,4.2.7 11.3 Samples at the Site,Documents and Project Manual,Definition of the 3.11 1.1.7 Schedule of Values Project Manuals 9.2,9.3.1 2.2.5 Schedules, Project Representatives 1.4.1.2,3.10,3.Constructionl2.1,3.12.2,4.3.7.2, 4.2.10 6.1.3 Property Insurance Separate Contracts and Contractors 10.2.5,11.4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1, PROTECTION OF PERSONS AND PROPERTY 11.4.7, 12.1.2, 12.2.5 10 Shop Drawings,Definition of Regulations and Laws 3.12.1 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, Shop Drawings,Product Data and Samples 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 3.11,3.12,4.2.7 13.5.2, 13.6, 14 Site,Use of Rejection of Work 3.13,6.1.1,6.2.1 3.5.1,426, 12.2.1 Site Inspections Releases and Waivers of Liens 1.2.2,3.2.1,3.3.3,3.7.1,4.2,4.3.4,9.4.2,9.10.1, 13.5 9.10.2 Site Visits,Architect's do Representations 4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1, Special Inspections and Testing 9.8.2,9.10.1 4.2.6, 12.2.1, 13.5 Representatives Specifications,Definition of the 2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.10,5.1.1,5.1.2, 1.1.6 13.2.1 Specifications,The Resolution of Claims and Disputes 1.1.1,1.1.6, 1.1.7, 1.2.2, 1.6,3.11,3.12.10,3.17 4.4,4.5,4.6 Statute of Limitations Responsibility for Those Performing the Work 4.6.3, 12.2.6, 13.7 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, Stopping the Work 10 2.3,4.3.6,9.7, 10.3, 14.1 � .Retainage Stored Materials 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 6.2.1,9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Review of Contract Documents and Field Subcontractor,Definition of Conditions by Contractor 5.1.1 1.5.2,3.2,3.7.3,3.12.7,6.1.3 SUBCONTRACTORS AIA Document 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.1 0001 17582_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 1.2.2,33.2,21.12.1,42.3,52.3,5.3,5.4,9.3.1.2, 14 9.6.7 Tests and Inspections s" Subcontractual Relations 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 5.3,5.4,9.3.1.2,9.6,9.10 10.2.1,11.4.7,11.4.8,14.1, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5 14.2.1,14.3.2 TIME "Submittals 8 1.6,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2, Time,Delays and Extensions of 9.3,9.8,9.9.1,9.10.2,9.10.3, 11.1.3 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, Subrogation,Waivers of 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 6.1.1, 11.4.5,11.4.7 Time Limits Substantial Completion 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 4.2.9,8.1.1,8.1.3,8.2.3,9.4,2,9.8,9.9.1,9.10.3, 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4, 6.2.4,7.3,7.4, 9.10.4.2, 12.2, 13.7 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, " Substantial Completion,Definition of 9.10, 11.1.3, 11.4.1.5, 11.4.6,11.4.10, 12.2, 13.5, 9.8.1 13.7, 14 Substitution of Subcontractors Time Limits on Claims r , 5.2.3,5.2.4 4.3.2,4.3.4,4.3.8,4.4,4.5,4.6 Substitution of Architect Title to Work 4.1.3 9.3.2,9.3.3 Substitutions of Materials UNCOVERING AND CORRECTION OF 3.4.2,3.5.1,7.3.7 WORK Sub-subcontractor,Definition of 12 5.1.2 Uncovering of Work Subsurface Conditions 12.1 4.3.4 Unforeseen Conditions Successors and Assigns 4.3.4,8.3.1, 10.3 13.2 Unit Prices Superintendent 4.3.9,7.3.3.2 3.9,10.2.6 Use of Documents Supervision and Construction Procedures 1.1.1, 1.6,2.2.5,3.12.6,5.3 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2:7,4.3.3,6.1.3, Use of Site 6.2.4,7.1.3,7.3.6,8.2,8.3.1,9.4.2, 10, 12, 14 3.13,6.1.1,6.2.1 Surety Values,Schedule of 4.4 3,5.4.1.2,9.8.5,9.10.2,9.10.3, 14.2.2 9.2,9.3.1 Surety,Consent of Waiver of Claims by the Architect 9.10.2,9.10.3 13.4.2 Surveys Waiver of Claims by the Contractor 2.2.3 4.3.10,9.10.5, 11.4.7, 13.4.2 Suspension by the Owner for Convenience Waiver of Claims by the Owner 14.4 46.'" 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 uspension or Termination of the Contract 4.3.10,14.2.4 3.6,5.4.1.1, 11.4.9, 14 Waiver of Liens axes 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 3.5,4.2.9,4.3.53,9.3.3,9.8.4,9.9.1,9.10.4,12.2.2, 4.3.10,5.4.1,1,14.2 13.7.1.3 ' Termination of the Architect Weather Delays 4.1.3 4.3.7.2 Termination of the Contractor Work,Definition of 14.2.2 1.1.3 Written Consent AIA Document 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. 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. User Notes: (3552668520) 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,4.6.5, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 5.2.1,8.2.2,9.7,9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, Written Interpretations 12.2.2, 12.2.4,13.3, 14 4.2.11,4.2.12,4.3.6 Written Orders Written Notice 1.1.1,2.3,3.9,4.3.6,7,8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 'k V go V f h X333 Fx ;Ty 3R'. x,'i35, Ai ,. ll ar && M bill do °y r� z 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. 9 Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) ARTICLE 1 GENERAL PROVISIONS §1.1 BASIC DEFINITIONS §1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor(hereinafter the Agreement), Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include other documents such as bidding requirements(advertisement or invitation to bid,Instructions to Bidders,sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements). §1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Architect and Contractor,(2)between the Owner and a Subcontractor or Sub-subcontractor,(3)between the Owner and Architect or(4)between any persons or entities other than the Owner and Contractor.The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. §1.1.3 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. §1.1.4 THE PROJECT " The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. §1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design,location and dimensions of the Work,generally including plans,elevations,sections,details,schedules and diagrams. §1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work,and performance of related services. w'= §1.1.7 THE PROJECT MANUAL The Project Manual is a volume assembled for the Work which may include the bidding requirements,sample forms,Conditions of the Contract and Specifications. §1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS §1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. s §1.2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. §1.2.3 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. AIA Document A201TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 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. Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §1.3 CAPITALIZATION §1.3.1 Terms capitalized in these General Conditions include those which are(1)specifically defined,(2)the titles of numbered articles or(3)the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION §1.4,1 In the interest of brevity the Contract Documents frequently omit modifying words such as"all" and"any" and articles such as"the"and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. §1.5 EXECUTION OF CONTRACT DOCUMENTS §1.5.1 The Contract Documents shall be signed by the Owner and Contractor.If either the Owner or Contractor or both do not sign all the Contract Documents,the Architect shall identify such unsigned Documents upon request. §1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §1.6 OWNERSHIP AND USE OF DRAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE §1.6.1 The Drawings,Specifications and other documents,including those in electronic form,prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described.The Contractor may retain one record set.Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings,Specifications and other documents prepared by the Architect or the Architect's consultants,and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights,in addition to the copyrights.All copies of Instruments of Service,except the Contractor's record set,shall be returned or suitably accounted for to the Architect,on request,upon completion of the Work.The Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants,and copies thereof furnished to the Contractor,are for use solely with respect to this Project.They are not to be used by the Contractor or any Subcontractor,Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,Architect and the Architect's consultants.The Contractor,Subcontractors,Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents.All copies made under this authorization shall bear the statutory copyright notice,if any,shown on the Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants.Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants'copyrights or other reserved rights. ARTICLE 2 OWNER §2.1 GENERAL §2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1,the Architect does not have such authority.The term"Owner"means the Owner or the Owner's authorized representative. §2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request,information necessary and relevant for the Contractor to evaluate,give notice of or enforce mechanic's lien rights.Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. §2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER §2.2.1 The Owner shall,at the written request of the Contractor,prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract.Furnishing of such evidence shall be a condition precedent to commencement or AIA Document A201 TM—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®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. §2.21 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 c in existing facilities. ' §2.2.3 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the ' Work. §2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness.Any other information or services relevant to the Contractor's performance of the ' Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written , request for such information or services. §2.2.5 Unless otherwise provided in the Contract Documents,the Contractor will be furnished,free of charge,such r copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. §2.3 OWNER'S RIGHT TO STOP THE WORK ` ` §2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract , Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. §2.4 OWNER'S RIGHT TO CARRY OUT THE WORK ' §2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to continence and continue correction of such default or neglect with diligence and promptness,the Owner may after such seven-day period give the ' Contractor a second written notice to correct such deficiencies within a three-day period.If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may,without prejudice to other remedies the Owner may have,correct such deficiencies.In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the ' reasonable cost of correcting such deficiencies,including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect or failure.Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect.If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR ' §3.1 GENERAL ' §3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The term"Contractor"means the Contractor or the Contractor's authorized representative. §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. §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 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. 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 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) Work,as well as the information furnished by the Owner pursuant to Section 2.2.3,shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,any errors,inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. §3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect,but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents.The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws,statutes, ordinances ,building codes,and rules and regulations,but any nonconformity discovered by or made known to the Contractor`°shall be reported promptly to the Architect. §3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1 and 3.2.2,the Contractor shall make Claims as provided in Sections 4.3.6 and 4.3.7.If the Contractor fails to perform the obligations of Sections 3.2.1 and 3.2.2,the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations.The Contractor shall not be liable to the Owner or Architect for damages resulting from errors,inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error,inconsistency,omission or difference and knowingly failed to report it to the Architect. §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 concerning construction means,methods,techniques,sequences or procedures,the Contractor shall evaluate the jobsite safety thereof and,except as stated below,shall be fully and solely responsible for the jobsite safety of such means,methods,techniques,sequences or procedures.If the Contractor determines that such means,methods, techniques,sequences or procedures may not be safe,the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect.If the Contractor is then instructed to proceed with the required means,methods,techniques,sequences or procedures without acceptance of changes proposed by the Contractor,the Owner shall be solely responsible for any resulting loss or damage. , §3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. §3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. §3.4 LABOR AND MATERIALS ® `a §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 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. 13 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 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. §3.6 TAXES ' §3.6.1 The Contractor shall pay sales,consumer,use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. §3.7 PERMITS,FEES AND NOTICES ' §3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit and other permits and governmental fees,licenses and inspections necessary for proper execution and , completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. §3.7.2 The Contractor shall comply with and give notices required by laws,ordinances,rules,regulations and lawful ' orders of public authorities applicable to performance of the Work §3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws,statutes,ordinances,building codes,and rules and regulations.However,if the Contractor observes ' that portions of the Contract Documents are at variance therewith,the Contractor shall promptly notify the Architect and Owner in writing,and necessary changes shall be accomplished by appropriate Modification. §3.7.4 If the Contractor performs Work knowing it to be contrary to laws,statutes,ordinances,building codes,and ' rules and regulations without such notice to the Architect and Owner,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. §3.8 ALLOWANCES ' §3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. §3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and P all required taxes,less applicable trade discounts; > .2 Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; .3 whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. §3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work §3.9 SUPERINTENDENT §3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding as if given to the Contractor.Important r AIA Document A20111—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_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) communications shall be confirmed in writing.Other communications shall be similarly confirmed on written request in each case. §3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES §3.10.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. §3.10.2 The Contractor shall prepare and keep current,for the Architect's approval,a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals.' §3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. §3.11 DOCUMENTS AND SAMPLES AT THE SITE §3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,Specifications, Addenda,Change Orders and other Modifications,in good order and marked currently to record field changes and selections made during construction,and one record copy of approved Shop Drawings,Product Data,Samples and similar required submittals.These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work. §3.12 SHOP DRAWINGS,PRODUCT DATA AND SAMPLES §3.12.1 Shop Drawings are drawings,diagrams,schedules and other data specially prepared for the Work by the Contractor or a Subcontractor,Sub-subcontractor,manufacturer,supplier or distributor to illustrate some portion of the Work. §3.12.2 Product Data are illustrations,standard schedules,performance charts,instructions,brochures,diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. §3.12.3 Samples are physical examples which illustrate materials,equipment or workmanship and establish standards by which the Work will be judged. §3.12.4 Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents.The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents.Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents.Submittals which are not required by the Contract Documents may be returned by the sArchitect without action. §3.12.5 The Contractor shall review for compliance with the Contract Documents,approve and submit to the Architect Shop Drawings,Product Data,Samples and similar submittals required by the Contract Documents with -reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors.Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. §3.12.6 By approving and submitting Shop Drawings,Product Data,Samples and similar submittals,the Contractor represents that the Contractor has determined and verified materials,field measurements and field construction criteria related thereto,or will do so,and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. §3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data,Samples or similar submittals until the respective submittal has been approved by the Architect. AIA Document 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. 15 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data,Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the Work,or(2)a Change Order or Construction Change Directive has been issued authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples or similar submittals by the Architect's approval thereof. §3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, Samples or similar submittals,to revisions other than those requested by the Architect on previous submittals.In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. §3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means,methods,techniques,sequences and procedures.The Contractor shall not be required to provide professional services in violation of applicable law.If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will specify all performance and design criteria that such services must satisfy.The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings,calculations, specifications,certifications,Shop Drawings and other submittals prepared by such professional.Shop Drawings and other submittals related to the Work designed or certified by such professional,if prepared by others, shall bear such professional's written approval when submitted to the Architect.The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services,certifications or approvals performed by such design professionals,provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Architect will review,approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. +� §3.13 USE OF SITE §3.13.1 The Contractor shall confine operations at the site to areas permitted by law,ordinances,permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. §3.14 CUTTING AND PATCHING §3.14.1 The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make its parts fit together properly. §3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting,patching or otherwise altering such construction,or by excavation.The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor;such consent shall not be unreasonably withheld.The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. §3.15 CLEANING UP §3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove from and about the Project waste materials,rubbish,the Contractor's tools,construction equipment,machinery and surplus materials. ' §3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the cost thereof shall be charged to the Contractor. AIA Document 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. 16 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §3.16 ACCESS TO WORK §3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. §3.17 ROYALTIES,PATENTS AND COPYRIGHTS §3.17.1 The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof,but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings,Specifications or other documents prepared by the Owner or Architect.However,if the Contractor has reason to believe that the required design,process or product is an infringement of a copyright or a patent,the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. §3.18 INDEMNIFICATION §3.18.1 To the fullest extent permitted by law and to the extent claims,damages,losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Section 11.3, the Contractor shall indemnify and hold harmless the Owner,Architect,Architect's consultants,and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work,provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly"or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not sh claim,damage,loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 3.18. §3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers'compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT §4.1 ARCHITECT §4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The term"Architect"means the Architect or the Architect's authorized representative. �5 §4.1.2 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be.restricted,modified or extended without written consent of the Owner,Contractor and Architect. Consent shall not 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. UvMll " §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 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. 17 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 0001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) deficiencies in the Work,and(3)to determine in general if the Work is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of,nor be responsible for,the construction means, methods, techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents,except as provided in Section 3.3.1. §4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements``of the Contract Documents.The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. §4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract ' Documents or when direct communications have been specially authorized,the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract.Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and material suppliers shall be through the Contractor.Communications by and with ' separate contractors shall be through the Owner. §4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. ' §4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or ' completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers,their agents or employees,or other persons or entities performing ' portions of the Work. §4.2.7 The Architect will review an Tapprove or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner,Contractor or separate contractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of ' other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract F Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12.The Architect's review shall not constitute approval of safety precautions or,unless , otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. ' §4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may authorize minor changes in the Work as provided in Section 7.4. §4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date ' of final completion,will receive and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor,and will issue a final Certificate , for Payment upon compliance with the requirements of the Contract Documents. §4.2.10 If the Owner and Architect agree,the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site.The duties,responsibilities and limitations of authority of ' such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. AIA Document A201 TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The t American Institute of Architects. All rights reserved. WARNING:This AIA' Document Is protected by U.S.Copyright Law and International Treaties. 18 Unauthorized reproduction or distribution of this 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) §4.2.11 The Architect will interpret and decide matters concerning performance under and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Section 4.2,then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. §4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings.When making such interpretations and initial decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. §4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. §4.3 CLAIMS AND DISPUTES §4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking,as a matter of right,adjustment or interpretation of Contract terms,payment of money,extension of time or other relief with respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.Claims must be initiated by written notice.The responsibility to substantiate Claims shall rest with the party making the Claim. §4.3.2 Time Limits on Claims.Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.Claims must be initiated by written notice to the Architect and the other party. §4.3.3 Continuing Contract Performance.Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Section 9.7.1 and Article 14,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. §4.3.4 Claims for Concealed or Unknown Conditions.If conditions are encountered at the site which are(1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature,which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no,event later than 21 days after first observance of the conditions.The Architect will promptly investigate such conditions and,if they differ materially and cause an increase or decrease in the Contractor's cost of,or time required for,performance of any part of the Work,will recommend an equitable adjustment in the Contract Sum or Contract Time,or both.If the Architect determines that the conditions at the site are not materially 3a: different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing,stating the reasons.Claims by either party in r 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 A201711-1997.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®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.1 000 1 17582_1 which expires on 5/10/2005,and is not for resale. 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 act or omission of the other party,or of others for whose acts such party is legally responsible,written notice of such injury or damage,whether or not insured,shall be given to the other party within a reasonable time not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other party to investigate the matter. §4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or ' Contractor,the applicable unit prices shall be equitably adjusted. §4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes: ' .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination ' in accordance with Article 14.Nothing contained in this Section 4.3.10 shall be deemed to preclude an award of liquidated direct damages,when applicable,in accordance with the requirements of the Contract Documents. §4.4 RESOLUTION OF CLAIMS AND DISPUTES ' §4.4.1 Decision of Architec,. Claims,including those alleging an error or omission by the Architect but excluding those arising under Sections0.3 through 10.5,shall be referred initially to the Architect for decision.An initial decision by the Architect shall be required as a condition precedent to mediation,arbitration or litigation of all ' Claims between the Contractor and Owner arising prior to the date final payment is due,unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect.The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. §4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1)request additional supporting data from the claimant or a response with supporting data from the other party,(2)reject the Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise,or(5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that,in the Architect's sole discretion,it would be inappropriate for the Architect to resolve the Claim. §4.4.3 In evaluating Claims,the Architect may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision.The Architect may request the Owner to authorize retention of such persons at the Owner's expense. §4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond,within ten days after receipt of such request,and shall either provide a response on the requested supporting data,advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Architect will either reject or approve the Claim in whole or in part. AIA Document A201TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The ' American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties_ 20 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 II No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) ' air §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 �Ir n � pf 8 C�81im by the Architect shall be final and binding on the parties but subject to mediation and arbitration. 4 44,When a written decision of the Architect states that(1)the decision is final but subject to mediation and titration and(2)a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision,then failure to demand arbitration within said 30 days'period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor.If the Architect renders a decision after arbitration proceedings have been initiated,such decision may be entered as evidence,but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. §4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter,the Architect or the Owner may,but is not obligated to,notify the surety,if any,of the nature and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Architect or the Owner may,but is not obligated to,notify the surety and request the surety's assistance in resolving the controversy. §4.4.8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in ?•,. accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by the Architect,by mediation or by arbitration. 4.5 MEDIATION §4.5.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Sections 4.3.10,9.10.4 and 9.10.5 shall,after initial decision by the Architect or 30 days after submission of the Claim to the Architect,be subject to mediation as a condition precedent to arbitration or the institution of legal orequitable proceedings by either party. §4.5.2 The parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise,shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association.The request may be made concurrently with the filing of a demand for arbitration but,in such event,mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. §4.5.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. §4.6 ARBITRATION rrr r , §4.6.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Sections 4.3.10,9.10.4 and 9.10.5,shall,after decision by the Architect or 30 days after submission of the Claim to the Architect,be subject to arbitration.Prior to arbitration,the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Section 4.5. §4.6.2 Claims not resolved by mediation shall be decided by arbitration which,unless the parties mutually agree otherwise,shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect.The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association,and a copy shall be filed with the Architect. §4.6.3 A demand for arbitration shall be made within the time limits specified in Sections 4.4.6 and 4.6.1 as applicable,and in other cases within a reasonable time after the Claim has arisen,and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Section 13.7. AIA Document A2001—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 Ate Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 0001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §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 SUBCONTRACTORS §5.1 DEFINITIONS ' §5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The term"Subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.The term"Subcontractor' � does not include a separate contractor or subcontractors of a separate contractor. §5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site.The term"Sub-subcontractor'is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. §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 ' 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 ' 4 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. , 1 §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 A201111—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 22 ' Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §5.3 SUBCONTRACTUAL RELATIONS §5.3.1 By appropriate agreement,written where legally required for validity,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work,which the Contractor,by these Documents, assumes toward the Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the benefit of all rights,remedies and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents.Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. §5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS §5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. 46 §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. §6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations MW on the site,the term"Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. rrrt §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 r�� agrccment.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 The construction schedules shall then constitute the schedules to be used by the Contractor,separate contractors and the Owner until subsequently revised. §6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces,the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract,including,without excluding others,those stated in Article 3,this Article 6 and Articles 10, 11 and 12. §6.2 MUTUAL RESPONSIBILITY §6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. AIA Document 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. 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) §6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor,the Contractor shall,prior to proceeding with that portion of the Work,promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results.Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work,except as to defects not then reasonably discoverable. §6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays,improperly timed activities or defective construction of the Contractor.The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays,improperly timed activities,damage to the Work or defective construction of a separate contractor. §6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. §6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. ' §6.3 OWNER'S RIGHT TO CLEAN UP §6.3.1 If a dispute arises among the Contractor,separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK ' §7.1 GENERAL §7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. ' §7.1.2 A Change Order shall be based upon agreement among the Owner,Contractor and Architect;a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor;an order for a minor change in the Work may be issued by the Architect alone. , §7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents,and the Contractor shall proceed promptly,unless otherwise provided in the Change Order,Construction Change Directive or order for a minor change in the Work. ' §7.2 CHANGE ORDERS §7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor and Architect,stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment,if any,in the Contract Sum;and -F .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 i §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 ' Order. AIA Document A201 TM—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1967 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) ' §7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 as provided in Section 7.3.6. §7.3.4 Upon receipt of a'Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method,if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. §7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith,including adjustment in Contract Sum and Contract Time or the method for determining them.Such agreement shall be effective;immediately and shall be recorded as a Change Order. §7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,a reasonable allowance for overhead and profit.In such case,and also under Section 7.3.3.3,the Contractor shall keep and present,in such form as the Architect may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.6 shall be limited to the following: .1 costs of labor,including social security,old age and unemployment insurance,fringe benefits required by agreement or custom,and workers' compensation insurance; .2 costs of materials,supplies and equipment,including cost of transportation,whether incorporated or consumed; .3 rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance,permit fees,and sales,use or similar taxes related to the Work;and .5 additional costs of supervision and field office personnel directly attributable to the change. §7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect.When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on 'he'bagis'of net increase,if any,with respect to that change. y §7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner,amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties;agreement with part or all of such costs.For any portion of such cost that remains in dispute,the Architect will nuike an interim determination for purposes of monthly certification for payment for those g 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. . . " z §7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. y, §7.4 MINOR CHANGES IN THE WORK §7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor.The Contractor shall carry out such written orders promptly. AIA Document A201 TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 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 Ale Document or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. 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. §8.1.4 The term"day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. §8.2 PROGRESS AND COMPLETION §8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work §8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner in writing,prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner.The date of commencement of the Work shall not be changed by the effective date of such insurance.Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner,the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. §8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion ' within the Contract Time. §8.3 DELAYS AND EXTENSIONS OF TIME , §8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect,or of an employee of either,or of a separate contractor employed by the Owner,or by changes ordered in the Work,or by labor disputes,fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control,or by delay authorized by the Owner pending mediation and arbitration,or ' by other causes which the Architect determines may justify delay,then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. §8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.3. ' §8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 1 §9.1 CONTRACT SUM §9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount ' payable by the Owner to the Contractor for performance of the Work under the Contract Documents. §9.2 SCHEDULE OF VALUES §9.2.1 Before the first Application for Payment,the Contractor shall submit to the Architect a schedule of values ' allocated to various portions of the Work,prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §9.3 APPLICATIONS FOR PAYMENT §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. ' Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to AIA Document 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. 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) payment as the Owner or Architect may require,such as copies of requisitions from Subcontractors and material suppliers,and reflecting retainage if provided for in the Contract Documents. §9.3.1.1 As provided in Section 7.3.8,such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. §9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier,unless such Work has been performed by others whom the Contractor intends to pay. §9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing.,Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable insurance,storage and transportation to the site for such materials and equipment stored off the site. §9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge,information and belief,be free and clear of liens,claims, security interests or encumbrances in favor of the Contractor,Subcontractors,material suppliers,or other persons or entities making a claim by reason of having provided labor,materials and equipment relating to the Work. §9.4 CERTIFICATES FOR PAYMENT §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 is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. §9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment,that the Work has progressed to the point indicated and that,to the best of the Architect's knowledge,information and belief,the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on- site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques, i sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made.If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the Contractor and Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised amount,the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to ;µR make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 3.3.2,because of. .1 defective Work not remedied; AIA Document A201111-1997.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. 27 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) I rw .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. r�. §9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. ' §9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections 9.6.2,9.6.3 and 9.6.4. §9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. §9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, ' payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both,under contract with the Contractor for which payment was made by the Owner.Nothing contained herein shall require ' money to be placed in a separate account and not commingled with money of the Contractor,shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. , §9.7 FAILURE OF PAYMENT §9.7.1 If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven ' - days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitration,then the Contractor may,upon seven additional days' written notice to the Owner and Architect,stop the Work until payment of the amount owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay and ' start-up,plus interest as provided for in the Contract Documents. AIA Document A201TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 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) §9.8 SUBSTANTIAL COMPLETION §9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. §9.8.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete.If the Architect's inspection discloses any item,whether or not included on the Contractor's list,which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor shall,before issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by the Architect.In such case,the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. §9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion,shall establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance,and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. §9.8.5 The Ceilificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate.Upon such acceptance and consent of surety,if any,the Owner shall make payment of retainage applying to such Work or designated portion thereof.Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. §9.9 PARTIAL OCCUPANCY OR USE §9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented to by the insurer as required under Section 11.4.1.5 and authorized by public authorities having jurisdiction over the Work.Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, 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 shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement is reached,by decision of the Architect. §9.9.2 Immediately prior to such partial occupancy or use,the Owner,Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. §9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. §9.10 FINAL COMPLETION AND FINAL PAYMENT §9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of ,. a final Application for Payment,the Architect will promptly make such inspection and,when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in AIA Document A201Tm—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This 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.1 0001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further ' P Y Ym 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 pavments 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 Va of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall,upon application by the Contractor and certification by the Architect,and without terminating the ' Contract,make payment of the balance due for that portion of the Work fully completed and accepted.If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to ' certification of such payment.Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. §9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: ' .1 liens, Claims,security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents;or .3 terms of special warranties required by the Contract Documents. ' §9.10.5 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ' ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY §10.1 SAFETY PRECAUTIONS AND PROGRAMS §10.1.1 The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. §10.2 SAFETY OF PERSONS AND PROPERTY §10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,injury or loss to: .1 employees on the Work and other persons who may be affected thereby; NOW 2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the ' site,under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontractors;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements, roadways,structures and utilities not designated for removal,relocation or replacement in the course - of construction. §10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The ' American Institute of Architects. All rights reserved. WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. 30 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §10.2.3 The Contractor shall erect and maintain,as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. §10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. §10.2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3,except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in addition to the 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. §10.3 HAZARDOUS MATERIALS §10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB), encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. §10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and,in the event such material or substance is found to be present,to verify that it has been rendered harmless.Unless`otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner.If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection.When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the I� amount of the Contractors reasonable additional costs of shut-down,delay and start-up,which adjustments shall be accomplished as provided in Article 7. §10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss or expense is attributable to bodily injury, sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself)and provided that such damage,loss or expense is not due to the sole negligence of a party seeking indemnity. §10.4 The Owner shall not be responsible under Section 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. • AIA Document A201 TM—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 31 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be * prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) r §10.5 If,without negligence on the part of the Contractor,the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. §10.6 EMERGENCIES §10.6.1 In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage,injury or loss.Additional compensation or extension of time claimed by ' the Contractor on account of an emergency shall be determined as provided in Section 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS §11.1 CONTRACTOR'S LIABILITY INSURANCE ' §11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: .1 claims under workers'compensation,disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; ' .2 claims for damages because of bodily injury,occupational sickness or disease,or death of the Contractor's employees; .3 claims for damages because of bodily injury,sickness or disease,or death of any person other than the Contractor's employees; ' .4 claims for damages insured by usual personal injury liability coverage; .5 claims for damages,other than to the Work itself,because of injury to or destruction of tangible property,including loss of use resulting therefrom; ' .6 claims for damages because of bodily injury,death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations;and .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. §11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required bylaw,whichever coverage is greater.Coverages,whether written on an occurrence or claims-made basis,shall be maintained without interruption from date of commencement of the Work until date of final 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 er the policies will not be canceled or allowed to expire until at least 30 days'prior written notice has been given to the Owner.If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available,an additional certificate evidencing continuation of such coverage shall be submitted;.Withthe 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. §11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE ' §11.3.1 Optionally,the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's,Contractor's and Architect's vicarious liability for construction operations under the Contract.Unless otherwise required by the ' Contract Documents,the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage,and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner.The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Sections 11.1.1.2 through 11.1.1.5. AIA Document 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. 32 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 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) §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. §11.3.3 The Owner shall not require the Contractor to include the Owner,Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Section 11.1. §11.4 PROPERTY INSURANCE §11.4.1 Unless otherwise provided,the Owner shall purchase and maintain,in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,property insurance written on a builder's risk"all-risk"or equivalent policy form in the amount of the initial Contract Sum,plus value of subsequent Contract modifications and cost of materials supplied or installed by others,comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles.Such property insurance shall be maintained,unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance,until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.4 to be covered, whichever is later.This insurance shall include interests of the Owner,the Contractor,Subcontractors and Sub- subcontractors in the Project. §11.4.1.1 Property insurance shall be on an"all-risk"or equivalent policy form and shall include,without limitation, insurance against the perils of fire(with extended coverage)and physical loss or damage including,without a duplication of coverage, theft,vandalism,malicious mischief,collapse,earthquake,flood,windstorm,falsework, m testing and startup,temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. §11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above,the Owner shall so inform the Contractor in writing prior to commencement of the Work.The Contractor may then effect insurance which will protect the interests of the Contractor,Subcontractors and Sub-subcontractors in the Work,and by appropriate Change Order the cost thereof shall be charged to the Owner.If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above,without so notifying the Contractor in writing,then the Owner shall bear all reasonable costs properly attributable thereto. §11.4.1.3 If the property insurance requires deductibles,the Owner shall pay costs not covered because of such deductibles. §11.4.1.4 This property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. §11.4.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise.The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall,without mutual written consent,take no action with respect to partial occupancy or use that would cause cancellation,lapse or reduction of insurance. §11.4.2 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. §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. 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 Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (355266$520) §11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy,the Owner shall,if possible,include such insurance,and the cost thereof shall be charged to the Contractor by appropriate Change Order. §11.4.5 If during the Project construction period the Owner insures properties,real or personal or both,at or adjacent to the site by property insurance under policies separate from those insuring the Project,or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,the Owner shall waive all rights in accordance with the terms of Section 11.4.7 for damages caused by fire or other causes of loss covered by this separate property insurance.All separate policies shall provide this waiver of subrogation by endorsement or otherwise. §11.4.6 Before an exposure to loss may occur,the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.4.Each policy shall contain all generally applicable conditions,definitions,exclusions and endorsements related to this Project.Each policy shall contain a provision that the policy will not be canceled or allowed to expire,and that its limits will not be reduced,until at least 30 days' prior written notice has been given to the Contractor. =t §11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against(1)each other and any of their subcontractors,sub-subcontractors,agents and employees,each of the other,and(2)the Architect,Architect's consultants,separate contractors described in Article 6,if any, and any of their subcontractors,sub-subcontractors, agents and employees,for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.4 or other property insurance applicable to the Work,except such rights as they have to proceeds of such insurance held by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall require of the Architect,Architect's consultants,separate contractors described in Article 6,if any,and the subcontractors,sub-subcontractors,agents and employees of any of them,by appropriate agreements,written where legally required for validity,similar waivers each in favor of other parties enumerated herein.The policies shall provide such waivers of subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged. §11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause and of Section 11.4.10.The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor,and by appropriate agreements,written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. §11.4.9 If required in writing by a party in interest,the Owner as fiduciary shall,upon occurrence of an insured loss, give bond for proper performance of the Owner's duties.The cost of required bonds shall be charged against proceeds received as fiduciary.The Owner shall deposit in a separate account proceeds so received,which the Owner shall distribute in accordance with such agreement as the parties in interest may reach,or in accordance with l an arbitration award in which case the procedure shall be as provided in Section 4.6.If after such loss no other i 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 AIA® Document is protected by U.S.Copyright Law and International Treaties. 34 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) §11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK §12.1 UNCOVERING OF WORK §12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents,it must,if required in writing by the Architect,be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. §12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to examine prior to its being covered,the Architect may request to see such Work and it shall be uncovered by the Contractor.If such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall,by appropriate Change Order,be at the Owner's expense.If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. §12.2 CORRECTION OF WORK §12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION §12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents,whether discovered before or after Substantial Completion and whether or not fabricated,installed or completed.Costs of correcting such rejected Work,including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby,shall be at the Contractor's expense. §12.2.2 AFTER SUBSTANTIAL COMPLETION §12.2.2.1 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 by the Contractor and to make a claim for breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or E Architect,the Owner may correctlfin accordance with Section 2.4. §12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance..of the Work. §12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. §12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the ` requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. §12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction,whether completed or partially completed,of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. §12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents.Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract AIA Document A201111-1997.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright taw and International Treaties. 35 Unauthorized reproduction or distribution of this Ale Document or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. §12.3 ACCEPTANCE OF NONCONFORMING WORK §12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents,the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable.Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS §13.1 GOVERNING LAW §13.1.1 The Contract shall be governed by the law of the place where the Project is located. §13.2 SUCCESSORS AND ASSIGNS §13.2.1 The Owner and Contractor respectively bind themselves,their partners,successors,assigns and legal representatives to the other party hereto and to partners,successors,assigns and legal representatives of such other party in respect to covenants,agreements and obligations contained in the Contract Documents.Except as provided in Section 13.2.2,neither party to the Contract shall assign the Contract as a whole without written consent of the other.If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. §13.2.2 The Owner may,without consent of the Contractor,assign the Contract to an institutional lender providing construction financing for the Project.In such event,the lender shall assume the Owner's rights and obligations under the Contract Documents.The Contractor shall execute all consents reasonably required to facilitate such assignment. §13.3 WRITTEN NOTICE §13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended,or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. §13.4 RIGHTS AND REMEDIES §13.4.1 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 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 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. 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) §13.5.3 If such procedures for testing,inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall beat the Contractor's expense. §13.5.4 Required certificates of testing,inspection or approval shall,unless otherwise required by the Contract Documents,be secured by the Contractor and promptly delivered to the Architect. §13.5.5 If the Architect is to observe tests,inspections or approvals required by the Contract Documents,the Architect will do so promptly and,where practicable,at the normal place of testing. §13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid 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 E 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 ■r occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment;and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment,any applicable statute of limitations shall commence to " run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Section 35,the-date of an y 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 y §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 ,W through no`act or fault of the Contractor or a Subcontractor,Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government,such as a declaration of national emergency which requires all Work to be stopped; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or .4 the Owner has failed to furnish to the Contractor promptly,upon the Contractor's request,reasonable evidence as required by Section 2.2.1. §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 Treatie be s. 37 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will 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) by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period,whichever is less. §14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials,equipment,tools,and construction equipment and machinery, including reasonable overhead,profit and damages. §14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may,upon seven additional days' written notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. §14.2 TERMINATION BY THE OWNER FOR CAUSE §14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction;or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. §14.2.2 When any of the above reasons exist,the Owner,upon certification by the Architect that sufficient cause exists to justify such action,may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any,seven days' written notice,terminate employment of the Contractor and may,subject to any prior rights of the surety: .1 take possession of the site and of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Section 5.4;and .3 finish the Work 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 wa Ved,'such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case may be,shall be certified by the Architect,upon application,and this obligation for payment shall survive termination of the Contract. §14.3 SUSPENSION-BY THE OWNER FOR CONVENIENCE §14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. §14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay or interruption as described in Section 14.3.1.Adjustment of the Contract Sum shall include profit.No adjustment shall be made to the extent: .1 that performance is,was or would have been so suspended,delayed or interrupted by another cause for which the Contractor is responsible;or .2 that an equitable adjustment is made or denied under another provision of the Contract. AIA Document A201"'—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 38 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 0001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §14.4 TERMINATION BY THE OWNER FOR CONVENIENCE §14.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause. §14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience,the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary,or that the Owner may direct,for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice,terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. §14.4.3 In case of such termination for the Owner's convenience,the Contractor shall be entitled to receive payment for Work executed,and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. 0 r i S �wt- ^` o•,• f� 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_ 39 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SUPPLEMENTARY GENERAL CONDITIONS SECTION 00800 1. TERMS OF MODIFICATIONS AND SUPPLEMENTS A. The following supplements shall modify, delete, and/or add to the General Conditions or Instructions to Bidders. Where any article, paragraph, or subparagraph in the General Conditions is supplemented by one of the following paragraphs, the provisions of such article, paragraph, or subparagraph shall remain in effect and the supplemental provisions shall be considered as added thereto. Where any article, paragraph, or subparagraph in the General Conditions is amended, voided, or superseded by any of the following paragraphs, the provisions of such article, paragraph, or subparagraph not so amended, voided, or superseded shall remain in effect. 2. ADDITIONAL MODIFICATIONS AND SUPPLEMENTS The supplements referenced within this section are identified with the same number and title used for that topic in the General Conditions. 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 Completion, Final Completion shall include, but not be limited to receipt of all Record Drawings, Surveys, and resolution of all Punch List Items. B. ARTICLE 1.2 — CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS Supplement Article 1.2 with the following: 1.2.4 Contract Drawings The following drawings are a part of the Contract Documents: DRAWING NUMBER TITLE T-1 General Drawing C-1 through C-2 Civil Drawings 2004-166aa 00800 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SUPPLEMENTARY GENERAL CONDITIONS SECTION 00800 C. ARTICLE 3.2 — REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR Supplement Article 3.2 with the following: 3.2.4 A pre-bid meeting has been set for Thursday, October 14, 2004 at 10:00 a.m. The meeting will convene at the boat launch ramp in Gene Coulon Memorial Beach Park, located at 1201 Lake Washington North, Renton, WA. D. ARTICLE 3.7 — PERMITS, FEES AND NOTICES 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: 1. Washington Department of Fish and Wildlife, Hydraulic Project Application 2. Department of Ecology Shoreline Management Substantial Development Permit. Any additional permits, certificates, or agency approvals required for completion of this work are the responsibility of the Contractor. �I E. ARTICLE 4.3—CLAIMS AND DISPUTES Supplement Article 4.3 with the following: 4.3.11 Pursuant to the requirements of the General Conditions, the Liquidated Damages for failure to achieve Substantial Completion as required shall be $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 Liquidate Damages daily rate for failure to achieve Substantial Completion. The damages stipulated above are to be deducted as Liquidated Damages from any monies due or to become due. ' 2004-166aa 00800 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SUPPLEMENTARY GENERAL CONDITIONS SECTION 00800 F. ARTICLE 8.2 — PROGRESS AND COMPLETION Supplement Article 8.2 with the following: 8.2.4 The Contract, in its entirety, shall reach Substantial Completion within 60 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 2004-166aa 00800 PAGE 3 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 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.ini.wa.gov/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 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. The Contractor is responsible for paying the appropriate wage rates. D. The Contractor, and all Subcontractors, on or before the date of commencement of work, shall file a statement under oath with the Owner and with the Director of Labor and Industries certifying the rate of hourly wages paid to each classification of laborers, workers, or mechanics employed to perform work under this Contract shall not be less than the prevailing rate of wages determined by the Washington State Labor and Industries. Such statement and any supplemental statements which may be necessary shall be filed in 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. 2004-166aa 00900 PAGE 1 ar GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SPECIAL CONDITIONS SECTION 00900 Copies of the Affidavits shall be provided to the City prior to Final Completion and Final Payment. Each affidavit of wages paid must be certified by the Industrial Statistician of the Department of Labor and Industries before it is submitted. 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. l 2. STATE LICENSING LAW ' The Contractor agrees to comply with all requirements of Chapter 18.27 RCW. The Contractor agrees and covenants to furnish unto the Owner proper evidence that the ' Contractor has fully complied with the State Licensing Law of the State of Washington, Chapter 18.27 RCW, and a Contractor's Certificate of Registration shall be in full force and effect throughout the work project herein above enumerated, prior to starting work. 3. NON-DISCRIMINATION A. It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital ' status, age, or disability, when the City of Renton can reasonably accommodate the disability of employees and applicants for employment and fair, non- discriminatory treatment to all citizens. B. EMPLOYMENT PRACTICES -The City of Renton will ensure all employment related activities including recruitment, selection, promotion, demotion, training, ' retention and separation are conducted in a manner which is based on job- related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. C. COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. D. AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators managers, supervisors, Contract Compliance Officers, and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. 2004-166aa 00900 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SPECIAL CONDITIONS SECTION 00900 E. CONTRACTORS OBLIGATIONS - Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. 4. ENVIRONMENTAL LEGISLATION A_ The following list represents those federal, state, and local statutes, ordinances, regulations and orders dealing with preservation of public natural resources and prevention of environmental pollution currently know to the Owner and that may effect or are effected by the proposed work. Bidders shall review such materials prior to submittal of sealed bids. 1. Federal. Title 42, Section 4321, et. seq., of the United States Code. 2. State: Water Pollution Act, Chapter 90.58 RCW State Environmental Policy Act of 1971, Chapter 43.21 C RCW and WAC Chapter 197-11/Title 38 RCW and Chapter 60.28 RCW. 3. Regional: Regulations I and II - Puget Sound Clean Air Agency. 4. Local: Applicable city ordinance and regulations. B_ The successful Bidder shall comply with applicable portions of the listed statutes, ordinances, regulations, conditions, and such other regulatory measures dealing with the prevention of environmental pollution and the preservation of public natural resources. 5. CITY OF RENTON BUSINESS LICENSE Prior to signing a contract the contractor agrees to purchase a City of Renton Business License and maintain the license in full force and effect throughout the work of the project. License may be purchased from the Finance Department located in the Renton City Hall, Lobby Level, 1055 South Grady Way, Renton, WA. END OF SECTION 2004-166aa 00900 PAGE 3 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR BOND TO THE CITY OF RENTON FORM SECTION 00910 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned as principal,and corporation organized and existing under the laws of the State of as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum $ for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or person representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinance of the City of Renton. Dated at Washington,this day of , 2004 Nevertheless,the conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG- providing for construction of Project Name the principal is required to furnish a bond for the faithful performance of the contract; and WHEREAS,the principal has accepted, or is about to accept, the contract, the undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. Principal Surety Signature Signature Title Title END OF SECTION 2004-166aa 00910 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR INSURANCE & RELATED REQUIREMENTS SECTION 00920 PART 1. MINIMUM INSURANCE COVERAGE AND REQUIREMENTS The CONTRACTOR shall obtain and maintain the minimum insurance coverage set forth below. By requiring such minimum insurance, CITY OF RENTON shall not be deemed or construed to have assessed the risks that may be applicable to the CONTRACTOR under Contract_ The CONTRACTOR shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. (1) Commercial General Liability - Accord Form or equivalent, written on an occurrence basis, including: • Premises and Operations (Including CG 2503 general aggregate to apply per project if applicable) • Explosion, Collapse and Underground Hazards • Products/Completed Operations • Contractual Liability (including Amendatory Endorsement CG 0043 or equivalent which includes defense coverage assumed under contract) • Broad Form Property Damage • Independent Contractors • Personal/Advertising Injury • Stop Gap Liability (2) Automobile Liability including all • Owned Vehicles • Non-Owned Vehicles • Hired Vehicles (3) Workers'Compensation • Statutory Benefits - Show Washington Labor & Industries Number (4) Umbrella Liability • Excess of Commercial General Liability and Automobile Liability. Coverage should be as broad as primary. (5) USH&L (United States Harborworkers and Longshoremen) Insurance • USH&L insurance is required for work within a certain distance from the water's edge and over the water, such as on a pier, dock or wharf. PART 2. CONTRACTORS INSURANCE REQUIREMENTS The CONTRACTOR shall carry the following limits of liability as required below: 1. Commercial General Liability General Aggregate* $2,000,000 Products/Completed Operations Aggregate $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Stop Gap Liability $1,000,000 *General Aggregate to apply per project 2004-166aa 00920 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 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. Severabilit of Interest Clause Cross Liability) Y ( Y) 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 8Rdeav°r +° mail 45 days written notice to the certificate holder named to the left. But faoiuFe to Mail 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. 2004-166aa 00920 PAGE 2 are GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR INSURANCE & RELATED REQUIREMENTS SECTION 00920 6. Required insurance coverage shall be maintained throughout the term of this contract, except Automobile Liability and Workers' Compensation, for a period of two (2) years after the date of substantial completion of the project. 7. On all Certificates of Insurance, the Certificate Holder shall be listed as "City of Renton, Washington, Attention: Bill Rasmussen, Project Manager." END OF SECTION 2004-166aa 00920 PAGE 3 GENERAL REQUIREMENTS DIVISION 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SUMMARY OF WORK SECTION 01010 PART 1 - GENERAL 1.01 BACKGROUND A. The boat launch ramps at Gene Coulon Memorial Beach Park are constructed by placing precast concrete panels on a layer of crushed rock. The bottom of each concrete panel has an eyebolt, and the top of each panel has a hook cast into the concrete. The concrete panels are connected to the panel above by the hook and eyebolt, and the top concrete panel is connected to a cast-in-place section of concrete at the top of the ramp. B. A number of the precast panels have separated from the panel above and moved down the slope, and propeller wash has scoured the gravel away from the bottom of the ramp. This contract replaces the gravel, replaces the material that has been removed below existing panels remaining in-place on the ramp, recovers the panels from the lake bottom and replaces them in their proper location in the ramp. A series of micro piles are then installed to maintain the panels in their location. The micro piles are installed for a length up the ramp to prevent panels above from shifting down if those connections also deteriorate. 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 Boat Launch Repair as described in these documents. C. Salvage of existing precast concrete panels that have separated from the main portion of the ramp, addition of crushed rock at the panel locations and at the toe of the ramp to restore the original contours, replacement of the precast concrete panels in their original location, fabrication and installation of micro-piles in the boat launch ramp to retain the panels in position, and installation of metal bar grating on top of the existing concrete launch ramp. New precast concrete panels shall be fabricated and provided if the existing precast concrete panels cannot be located. 1.03 LOCATION The work area for the contract is at the south end of Lake Washington in Gene Coulon Memorial Beach Park in the City of Renton at 1201 Lake Washington Blvd. N., Renton, Washington. 2004-166aa 01010 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SUMMARY OF WORK SECTION 01010 1.04 ACCESS TO SITE The Contractor shall have access to the construction site by Lake Washington Blvd. Contractor, contractor forces and suppliers shall conduct all business through the normal park entrance. If the Contractor works on site outside of normal gate operation times or requires a dedicated temporary entrance/egress gate, the Contractor shall supply full-time security guards for such access. The guards shall be from a security company or agency that is acceptable to the City of Renton. Limited parking will be made available to Contractor employees at the site as designated by the City. 1.05 OWNER-FURNISHED MATERIAL None. 4 1.06 PREORDERED 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 , j A. The Contractor shall coordinate its activity with the City of Renton and Gene Coulon Memorial Beach Park operations 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. , 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. Four launch ramps, each 16 feet wide, will be repaired in the contract. Four , additional launch ramps, separated from these ramps by the center pier, will remain in operation throughout the life of this contract for use by the general public. The contractor shall make reasonable efforts to accommodate this use. D. The general parking area, except for the area designated for the Contractors use, ' will be available for use by the general public. The Contractor shall make reasonable efforts to accommodate this use. 1 2004-166aa 01010 PAGE 2 ' GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SUMMARY OF WORK SECTION 01010 1.09 WATER QUALITY MONITORING Contractor shall provide water quality monitoring as required to demonstrate compliance with related project permits and approvals. Water quality monitoring procedures shall be described in the Work Plan and Quality Assurance Plan to be submitted and approved by the City prior to commencing work. 1.10 TRAFFIC CONTROL A. During the course of the work, the Contractor shall be responsible for providing adequate flaggers, signs, and other traffic control devices for the protection of the Contractor's work and the public. Flagging, signs, and all other traffic control devices furnished shall conform to established Washington State Department of Transportation standards. Contractor shall be liable for injuries and damages to persons and property suffered by reason of the Contractor's operations or any negligence in connection with traffic control activities. B. Contractor shall be aware that the Park will experience relatively high volumes of traffic during weekdays and weekends. Very high usage occurs during sunny weekend days. END OF SECTION 2004-166aa 01010 PAGE 3 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SPECIAL PROVISIONS SECTION 01015 PART1 GENERAL 1.01 SPECIAL PROVISIONS A. The following items, as Special Provisions of the Owner, are hereby made a part of this Contract Document in addition to the Conditions and Supplementary Conditions. B. Should conflicts occur between these Provisions and the Conditions and Supplementary Conditions, the Special Provisions govern. 1.02 ORGANIZATION & FORMAT OF SPECIFICATIONS A. Organization: Division and paragraph numbers, as listed in the "Table of Contents" of the Project Manual and the items of work included under the headings generally conform with the "Master Format" of the Construction Specification Institute. Numbering of paragraphs and divisions is merely for convenience and identification and may not be consecutive; the Contractor shall check his copies of the Contract Documents with the specification index and drawing index to be sure that they are complete. Trade headings are used in the specifications for convenience only. The Owner is not bound to define the limits of any subcontractors. B. Format: These specifications are of the abbreviated or"streamlined" type, and frequently include incomplete sentence. Words such as "shall", "shall be", "the Contractor shall" and similar mandatory phrases are noted on the drawings. Phrases following a heading for material or item of equipment and listing required features or characteristics of the item shall be construed as meaning, "The item shall be...", or "The item shall include...", and the Contractor shall provide all items, articles, materials, and operations listed; including all labor, material, equipment and incidentals required for satisfactory installation and completion of the work. C. Definitions: The following terms are used in the Contract Documents and are defined as follows: 1. The terms "approved" and "for approval" mean "approved in writing by the Architect" and "for the Architect's written approval". 2. The term "coordinate" means "satisfactorily combine the work of all trades for a complete and operating installation". 3. The term "selected" means "selected by the Architect". 4. The term "provide" means "furnish and install". 5. The term "directed" means "as directed by the Architect". 6. Where the terms, "or approved" or"or approved equal" are used, the Owner is the sole judge of the quality and suitability of the proposed substitution. D. Indicated Manufacturer: Materials, articles and pieces of equipment are identified on the drawings and in the specifications by reference to a specific manufacturer's or manufacturers' name, trademark, model or catalog number. 2004-166aa 01015 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SPECIAL PROVISIONS SECTION 01015 The respective manufacturer's or manufacturers' standard specification for such material, particle or piece of equipment shall be deemed to be included herein unless otherwise modified or indicated. E. Related Work: Certain Sections of these Specifications include references to "Related Work", shown in other Sections of these Specifications. These references are provided only as a convenience to the Contractor, and may not always occur, or always reference all related work or requirements in other sections. The Contractor shall be responsible for conformance to these entire specifications, and shall be responsible for insuring that all requirements and work in separate sections, whether referenced or not for his convenience, are properly coordinated and executed. 1.03 STANDARD SPECIFICATIONS A. Reference in the technical divisions of these specifications to standard date of the following organizations shall mean the latest edition at the date noted on the specification book, unless otherwise noted. The Contractor shall conform with said standard requirements when reference is made thereto as if the data were repeated verbatim in the specifications, except where standard data are supplemented and modified by the Specifications. Yr: B. Abbreviations: Standard data of the following organizations are referenced in the specifications, and the organization names are abbreviated as noted. ' AAN: American Association of Nurserymen, 835 Southern Bldg., Washington, D.C. 20006 ACI: American Concrete Institute, P.O. Box 4754, Redford Station, Detroit, Michigan 48219 AIA: American Institute of Architects, 1735 New York Avenue, , Washington, D.C. 20006 ANSI: American National Standards Institute, 1430 Broadway, New York, N.Y. 10018 APWA: American Public Works Association, Washington State Chapter, 1 Olympia, Wa. 98504 ASTM: American Society for Testing & Materials, 1916 Race St., , Philadelphia, Pa. AWL Architectural Woodwork Institute, 13924 Braddock Road, Centreville, Va. 22020 AWS: American Welding Society, 33 West 39th Street, New York, N.Y. ' 100d18 AWWA: American Water Works Association, 2 Park Avenue, New York, N.Y. 10000 CRSI: Concrete Reinforcing Steel Institute, 38 South Dearborn St., Chicago, III. CS: Commercial Standard of the U.S. Department of Commerce, ' Washington, D.C. 20025 CSI: Construction Specifications Institute, 1717 Massachusetts Ave. N.W., Washington, D.C. 20036 2004-166aa 01015 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SPECIAL PROVISIONS SECTION 01015 DPFA: Douglas Fir Plywood Association, now known as American Plywood Association, P.O. Box 1337, Tacoma, Wash. 98401, IEEE: Institute of Electrical & Electronic Engineers, 33 West 39th St., New York, N.Y. 10018 IPCEA: Insulated Power Cable Engineers Association, 283 Valley Road, Montclair, New Jersey 07042 NEMA: National Electrical Manufacturer's Association, 155 East 44th At., New York, N.Y. 10017 NFPA: National Fire Protection Association, 60 Betterymarch St., Boston, Mass. 02110 NWMA: National Woodwork Manufacturers Association, 400 West Madison Wn., Chicago, III. 60600 PS: Product Standard of U.S. Dept. of Commerce, Washington, D.C. 20025 SSPC: Steel Structures Painting Council, 4400 Fifth Ave., Pittsburgh, Pa. 15213 UBC: Uniform Building Code of International Conference of Building Officials, 530 South Workman Hill Road, Whittier, California 90601 UL: Underwriter's Laboratories, 333 Pfinsten Road, Northbrook, III. 60062 WPWA: Washington Public Works Association WWPA: Western Wood Products Association, Yeon Building, Portland, Oregon 97204 WSDOT: Washington State Department of Transportation 1.04 PROTECTION A. Protection of Employees: in order to protect the lives and health of its employees under the Contract, the Contractor shall comply with all pertinent provisions of the Occupational Safety and Health Administration including the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act, as pertains to health and safety standards; the Washington Industrial Safety and Health Act; and shall maintain an accurate record of cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance, or operation. B. Protection of Property: The Contractor shall at its own expense carefully protect from injury trees (other than those authorized for removal under clearing operations), building, telephone, telegraph or power and light poles, water lines, conduit, drains, culverts or any other structures and improvements at no cost to the Owner, leaving them in as good condition as they were prior to his interference, determined by the Architect; and the Contractor shall be liable for any damages or claims arising from these interferences with said structures. The Contractor shall make every effort to avoid damage to or 2004-166aa 01015 PAGE 3 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SPECIAL PROVISIONS SECTION 01015 breaking of water mains or service pipes and shall be responsible for determining actual locations of public and private utilities in the field and checking with the appropriate agencies involved. The Contractor shall be solely responsible for any damage resulting from his operations. C. Payment by the Owner for materials or equipment stored on site or off site, or for work, does not relieve the Contractor of his responsibility to incorporate said materials and equipment into the work, and for protecting these materials, equipment and work from damage, theft, or destruction. 1.05 NUMBER OF SPECIFIED ITEMS REQUIRED Wherever in these specifications, an article, device or piece of equipment is referred to in the singular number, such reference applies to all and as many such articles as are shown on the drawings or required to complete the installation. 1.06 CONTRACT RESTRICTION A. Time of Completion: The work of this Contract shall commence immediately after the effective date of the Notice to Proceed and shall be fully completed within the specified number of calendar days. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the Contract of Work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the Work embraced in this Contract shall be commenced on a date to be specified in the Notice to Proceed. The Contractor agrees that said Work shall be prosecuted regularly, ' diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the Work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. B. Liquidated Damages: If the said Contractor shall neglect, fail or refuse to complete the Work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay to the Owner an amount of money for each calendar day of delay after the time set, not as a penalty but as liquidated damages for loss of use of the facility. The amount of ' money shall be as described in Instructions to the Bidders. Said amount shall be retained from time to time by the Owner from current periodic estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specification wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or 2004-166aa 01015 PAGE 4 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SPECIAL PROVISIONS SECTION 01015 any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner: Provided further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: 1. To any preference, priority or allocation order duly issued by the Government, and 2. To unforseeable cause beyond the control and without the fault or negligence of the Contractor, including but not limited to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather, and 3. To any delays of subcontractors or suppliers occasioned by any of the causes specified in subsections 1 and 2 of this paragraph; Provided further, that the Contractor shall within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner, in writing, of the cause of delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. C. The foregoing provision for liquidated damages is in addition to and not in limitation of any other rights or remedies available to the Owner. 1.07 PRE-CONTRACT CONFERENCE After opening of Bids and before the signing of the Contract, the successful Bidder shall meet with the Owner within 10 days of bid opening to coordinate the Progress Schedule and to discuss other requirements that may be of concern to any of the parties involved; conditions mutually agreed upon at this conference may be incorporated into the Contract. 1.08 PAYMENTS A. Progress Payments: Progress payments will be made based upon the value of the work performed and of the materials suitably stored at the siteas determined by the Owner less the aggregate of any previous payments and retainage. Refer to Section 01027 for Application for Payment. B. Retainage will be held back at 5% of each pay request. Retainage will be held in an account at the direction of the Contractor, per the forms included in these documents. Any costs associated with holding these funds in any account shall be borne by the Contractor. Retainage shall be available to the Owner to meet obligations which the Contractor incurs but does not meet, or to meet obligations to the Owner incurred through conditions of the contract. Retainage does not relieve the Contractor of any obligations of the contract, nor of any financial obligation which retainage is not sufficient to meet. 2004-166aa 01015 PAGE 5 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SPECIAL PROVISIONS SECTION 01015 Retainage or use of retainage shall not reduce the Contractors requirements under the contract. 1.09 INSTRUCTIONS All instructions will be given to the Contractor, or to his authorized agent, by the Architect for distribution to subcontractors or tradesmen on the Work; in like manner all communication from subcontractors and tradesmen on the Work to the Owner or Architect will be given through the Contractor; no subcontractors or tradesmen shall contact the Owner or Architect to discuss the Work, except as the Contractor may arrange. 1.10 HAZARDOUS AND TOXIC SUBSTANCES A. Raw Sewage Liquids: Raw sewage liquids, without solids, removed from a manhole or sewer main may be disposed of in a City owned sewer manhole with the approval by the Owner's field representative for each manhole location. B. The following toxic substances may not be disposed into the City's sewage system and must be disposed off site per all applicable laws and regulations at the expense of the Contractor: 1. Solids: Any solids removed from the manhole being serviced, including, ' but not limited to, rocks, concrete, vegetation, wood products and by- products. 2. Flammable or Explosive Material: Flammable liquids, solids, or gases ' capable of causing or contributing to explosion or supporting combustion in any sewerage facilities including, but not limited to, the following: fuel , oil, waste crankcase oil, and acetylene generation sludge. 3. Odorous Substances: Any noxious or malodorous gas or substance which either by itself or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry by authorized personnel to pump stations and other sewerage facilities. 4. Toxic Vapor: Any gas or substance which either by itself or by interaction "k with other wastes can produce a toxic vapor. These substances include, but are not limited to, chlorinated hydrocarbons, hydrogen sulfide, sulfur ' dioxide, and cyanide compounds. 5. Corrosive Substances: Any gas or substance which either by itself or by ' interaction with other waste may cause corrosive structural damage to sewer works or treatment facilities, but in no case wastes with a PH lower than 5.5. ' 2004-166aa 01015 PAGE 6 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SPECIAL PROVISIONS SECTION 01015 6. Excessive Waste: Wastes at a flow rate and/or pollutant discharge rate which are excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency. 7. Slurry Type Materials: Materials such as concrete slurry or liquid epoxy mix or other substance that may harden in the sewer system. C. Toxic Waste Materials: Material removed from any sewage utility which has contact with the raw sewage or vapors is considered toxic waste material and must be disposed of in a proper manner as outlined by the State. This material shall not be disposed of in the City. D. The City does not provide a waste site for this project. The Contractor is responsible for legal disposal of all waste materials. 1.11 CONDITION OF WORKSITE The Contractor shall examine the premises and conditions of the site affecting the Work and shall compare them to conditions as represented in the Contract Documents. Should conflicts or inconsistencies between the actual conditions and the Contract Documents be noted, the Contractor shall notify the Owner and await his directions. 1.12 APPARENT CONTRADICTIONS It is mutually agreed and understood between the Owner and the Contractor that if any instance of contradiction between drawings of different scale, or between drawings and specifications, or between sections of the specifications, the more stringent requirements shall be interpreted as being in the Contract Sum. 1.13 OWNER OCCUPANCY The Owner reserves the right to use or to occupy the Project or any part thereof or to use the equipment installed under the Contract, prior to final payment and acceptance of the Work or any part thereof. Such use shall not negate or change the responsibility of the Contractor to the Owner for satisfactory completion of the Work, nor shall it negate any insurance provisions specified to be carried in full force until the time of acceptance. END OF SECTION 2004-166aa 01015 PAGE 7 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR MEASUREMENT AND PAYMENT SECTION 01025 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 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 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. Volume calculations for subaqueous work may be based on elevations and other data derived by bathymetric survey methods. 3. "Ton" — 2,000 pounds of avoirdupois weight. The pay quantity shall be computed based on actual weight in the hauling vehicle. For each truckload, the Contractor shall furnish to the Engineer a certified weight ticket from the material supplier. Certified weight tickets shall clearly indicate the date, material supplier, project name, bid item number, material description, and weight of the material delivered. 4. No measurement will be made for: a. Work performed or materials placed outside lines shown on the plans or established by the Engineer. b. Materials wasted, used, or disposed of in a manner contrary to the Contract. c. Rejected materials, including those rejected after placement if the rejection resulted from the Contractor's failure to comply with the Contract. d. Hauling and disposing of rejected materials. 2004-166aa 01025 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR MEASUREMENT AND PAYMENT SECTION 01025 e. Material remaining on-hand after the work is complete, unless otherwise specified. f. Any work or material contrary to any Contract provisions. 1.03 PAYMENT A. The basis of payment will be the actual quantities of work performed according to the Contract and as specified for payment. B. Payments will be made for work and labor performed and materials furnished under the Contract according to the lump sum or unit prices listed in the Bid Form unless otherwise provided. The contract unit prices shall be full payment to the Contractor for: 1. Furnishing all materials and performing all work under the Contract (including changes in the work, materials, or plans) in a complete and acceptable manner. 2. All risk, loss, damage, or expense of whatever character arising out of the nature or prosecution of the work. 3. All expense incurred resulting from a suspension or discontinuance of the work as specified under the Contract. B. The payment of any estimate or retained earnings shall not relieve the Contractor of the obligation to correct any defective work or materials. C. Unless the Contract documents provide otherwise, the unit contract prices for the various bid items shall be full payment for all labor, materials, supplies, equipment, tools, and incidentals required to completely incorporate the item into the work as though the item were to read "In Place." 1.04 DELETED OR TERMINATED WORK The City of Renton may delete work by change order or may terminate the contract in whole or in part as provided in Section 00700 - General Conditions. When the Contract is terminated in part, the partial termination shall be treated as a deletion change order for payment purposes under this section. 1.05 INCREASED OR DECREASED QUANTITIES Adjustments due to increased or decreased quantities will be made in accordance with Section 00700 - General Conditions. The quantity of gravel and concrete panels may vary from 50% to 200% of the quantity shown on the drawings before the unit price per each may be renegotiated. 2004-166aa 01025 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR MEASUREMENT AND PAYMENT SECTION 01025 PART 2 PRODUCTS NOT APPLICABLE PART 3 EXECUTION NOT APPLICABLE PART 4 MEASUREMENT AND PAYMENT 4.01 MOBILIZATION (LUMP SUM) A. Mobilization consists of preconstruction expenses and the costs of preparatory work and operations performed by the Contractor which occur before 10 percent of the total original contract amount is earned from other contract items. Items which are not to be included in the item Mobilization include, but are not limited to: 1. Any portion of the work covered by a specific contract item or incidental work, which is to be included in a contract item or items. 2. Profit, interest on borrowed money, overhead, or management costs. 3. Any costs of mobilizing equipment for force account work. B. Based on the lump sum contract price for Mobilization, partial payments will be made as follows: 1. When 5 percent of the total original contract amount is earned from other contract items, excluding amounts paid for materials on hand, 50 percent of the amount bid for Mobilization, or 5 percent of the total original contract amount, whichever is the least, will be paid. 2. When 10 percent of the total original contract amount is earned from other contract items, excluding amounts paid for materials on hand, 100 percent of the amount bid for Mobilization, or 10 percent of the total original contract amount, whichever is the least, will be paid. 4.02 CRUSHED ROCK (CUBIC YARD) A. Payment for all work and costs related to crushed rock shall be full compensation for labor and materials including, but not limited to, pre and post-fill field surveys, preparing and furnishing calculations, survey control, submittals, transportation, placement, spreading and leveling, removing and replacing existing panels if required to place, spreading and leveling the crushed rock in voids beneath panels (which shall be at the contract lump sum price), and other related items of work in accordance with the project plans and specifications. 2004-166aa 01025 PAGE 3 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR MEASUREMENT AND PAYMENT SECTION 01025 B. Quantities of crushed rock above and below the quantity shown on the bid form shall be paid at the same unit price for this bid item, as described in item 1.05. Quantities of crushed rock beyond the limits described in item 1.05 shall be paid at the unit contract price established in item 4.08 below. 4.03 MICRO PILES (LUMP SUM) Payment for all work and costs related to micro piles shall be at the contract lump sum price, and shall be full compensation for labor and materials including, but not limited to, preparing and furnishing required installation plans, furnishing micro piles and other associated materials, labor and supervision, temporary structures associated with installation of micro piles, and other related items of work in accordance with the project plans and specifications. 4.04 CONCRETE PANELS (EACH) A. Payment for all work and costs related to concrete panels shall be at the contract price per each, and shall be full compensation for labor and materials including, but not limited to, locating, recovering, placement in the correct location and holding in location during driving of micro piles, and other related items of work in accordance with the project plans and specifications. B. Quantities of concrete panels above and below the quantity shown on the bid form shall be paid at the same unit price for this bid item, as described in item 1.05. Quantities of concrete panels beyond the limits described in item 1.05 shall be paid at a unit price per each that is subject to negotiation, if so desired by the Contractor or the Owner. C. For purposes of measurement and payment, concrete panels in this bid item are panels that are more than one (1) foot away from the panel above them on the ramp over their entire length. 4.05 GRATING (LUMP SUM) A. Payment for all work and costs related to grating and reconditioning material shall be at the contract lump sum price, and shall be full compensation for labor and materials including, but not limited to, furnishing, placing, anchoring in the correct location; anchorage material and installation; temporary anchorage; and other related items of work in accordance with the project plans and specifications. ' B. Materials have been specified to allow installation of the grating underwater with the panels in-place. If the Contractor elects to remove and replace the concrete ' panels to allow installation of the grating in the dry for his convenience, that cost shall be included in this lump sum bid item. 2004-166aa 01025 PAGE 4 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR MEASUREMENT AND PAYMENT SECTION 01025 4.06 PROJECT CLEANUP AND CLOSEOUT (LUMP SUM) 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. 4.07 RIVETED BAR GRATING (LUMP SUM) Payment for all work and costs related to substitution of riveted bar grating for the welded bar grating included in the base bid shall be at the contract lump sum price, and shall be full compensation for incremental additional labor and materials including but not limited to; furnishing, placing, anchoring in the correct location, anchorage material and installation, temporary anchorage and other related items of work in accordance with the project plans and specifications. 4.08 ADDITIONAL QUANTITY CRUSHED ROCK (CUBIC YARD) Payment for all work and costs related to additional quantity of crushed rock shall be full compensation for labor and materials including but not limited to; transportation, placement, spreading and leveling shall be at the unit contract price per cubic yard and other related items of work in accordance with the project plans and specifications. END OF SECTION 2004-166aa 01025 PAGE 5 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR APPLICATION FOR PAYMENT SECTION 01027 PART1 GENERAL 1.01 SECTION INCLUDES Submit Application for Payment based upon Schedule of Values previously submitted to and approved by the Owner's Representative. 1.02 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: AIA Doc G702 1. Fill in required information. a. Include Change Orders approved prior to Application submittal date. b. Fill in summary of dollar values to agree with respective total indicated on any continuation sheets. C. Original signatures on all copies by responsible officer of Contract firm; notarized. B. Continuation Sheets: AIA Doc G703 1. Totally fill in all schedule component work items. Show item number/scheduled dollar value/item Schedule of Values/01370. 2. Fill in dollar value in each column for each scheduled line item. a. Round off values to nearest dollar/Tally Sheet. b. If no work has been performed, show "0." 3. At end of continuation sheets, list each Change Order approved prior to submission date. a. List by Change Order Number, and description, as for an original component item of work. b. Show WSST as a separate item and including a separate item for each change order. 1.03 SUBMITTAL PROCEDURE A. Submit four copies of Application for Payment at times stipulated in Agreement between Owner and Contractor. Allow stipulated time for processing. B. When Owner's Representative finds Application properly completed and correct, he transmits Payment Certificate to applicable department for payment. END OF SECTION 2004-166aa 01027 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR CHANGE ORDERS SECTION 01028 PART1 GENERAL 1.01 SECTION INCLUDES Promptly implement change order procedures including: 1. Submittals 2. Documentation of change in Contract Sum/Price and Contract Time 3. Change procedures 4. Construction change directives 5. Unit price change orders 6. Execution of change orders 7. Correlation of contractor submittals 1.02 SUBMITTALS A. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or subcontractors of changes to the Work. B. Change Order Forms: City of Renton, Community Services Department form 1.03 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME A. Submit detailed records of work to be done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. C. On request, provide additional data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 2004-166aa 01028 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR CHANGE ORDERS SECTION 01028 1.04 CHANGE PROCEDURES A. Owner will advise of minor changes in the Work not involving an adjustment to Contract sum or Contract Time as authorized by The General Conditions to the Contract, Paragraph 7.4. B. The Owner's Representative may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change and the period of time during which the requested price will be considered valid. Contractor will prepare and submit an estimate within 5 days. C. The Contractor may propose a change by submitting a request for change to the Owner, describing the proposed change and its full effect of the Work, with a statement describing the reason for the change, and the effect of the Contract/Sum Price and contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. 1.05 CONSTRUCTION CHANGE DIRECTIVE — EMERGENCY CONDITIONS A. Owner may issue a document, instructing the Contractor to proceed with a change ' in the Work, for subsequent inclusion in a Change Order only under emergency conditions or as authorized by the Owner. B. The document will describe changes in the Work, and will designate method of r determining any change in Contract Sum or Contract Time. C. Maintain detailed records of work done on Time and Material basis. , D. Provide full information required for evaluation of proposed changes, and to , substantiate costs for changes in the Work. E. Promptly execute the change in Work. ' 1.06 UNIT PRICE CHANGE ORDER For pre-determined unit prices and quantities, the Change Order will be executed on a , fixed unit price basis. 1.07 EXECUTION OF CHANGE ORDERS ' Execution of Change Orders: Owner will issue Change Orders for signatures of parties as provided in the Conditions of the Contract:. ' 2004-166aa 01028 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR CHANGE ORDERS SECTION 01028 1.08 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum. B. Promptly revise construction schedules to reflect any change in Contract Time, revise sub-schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. END OF SECTION 2004-166aa 01028 PAGE 3 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR REGULATORY REQUIREMENTS SECTION 01060 PART1 GENERAL "' 1.01 SECTION INCLUDES A. Comply with all governing laws, ordinances, statutes, rules and regulations, a. bearing on the conduct of the work as drawn and specified. This includes modifications, amendments, additions, and the like, current as of Project Manual Date. B. Referenced codes establish minimum requirement levels. Where provisions of various codes or standards conflict, the more stringent provisions govern. Promptly submit to Architect written notice of observed contract document variations from legal requirements. C. Compliance requirements include, but are not limited to following: 1. Uniform Building Code and City of Renton amendments to Code and Related Standards, 1994 Edition, published by the International Conference of Building Officials. 2. WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2000 Edition. 3. Rules and Regulations for the State/City/County Board of Health, as applicable. 4. Department of Labor and Industries Regulations. 5. Environmental Requirements: All work to be performed in compliance with relevant statutes and regulations dealing with prevention of environmental pollution and preservation of public natural resources. 6. Energy Requirements: Comply with insulation and energy conservation requirements of State of Washington, WAC 51.11. D. Specification of Higher Standards: Drawings and Specifications govern whenever Drawings and Specifications require higher standards than are required by governing codes, regulations, and the like. E. Jurisdiction Inspection Reports: Contractor shall immediately submit a copy to the architect and owner upon receipt of all on-going inspection reports made by the city, county, or state regulatory agencies pertaining to the construction and construction procedures. Contractor shall request from inspection agency that all inspection comments be made in writing and cite specific sections of code, rules or regulations being referenced. END OF SECTION �r 2004-166aa 01060 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR MEETINGS SECTION 01200 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. B_ Location The preconstruction meeting will be scheduled at the Boat Launch Ramps in Gene Coulon Memorial Beach Park, located at 1201 Lake Washington Blvd N., Renton, Washington. C. Attendance The following are requested to attend: 1. City of Renton representatives a. Project Engineer(s) b. Consultant C. Inspector 2. Contractor's representatives a. Project Manager (Superintendent) b. Contract Administrator C. Major Subcontractors D. Suggested Agenda 1. Communications and routing 2. Precontract Submittals a. Certificate of Insurance b. Performance Bond 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 1.02 PROGRESS MEETINGS A. The City will schedule and administer weekly progress meetings throughout progress of the work. 2004-166aa 01200 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR MEETINGS SECTION 01200 B. The City will arrange meetings; prepare standard agenda with copies for participants; preside at meetings; and record minutes and distribute copies within ten working days to the Contractor, meeting participants, and others affected by decisions made. C. Attendance is required for the Contractor's job superintendent, major subcontractors and suppliers, Engineer, and City's representative as appropriate to the agenda topics for each meeting. D. Standard Agenda 1. Review minutes of previous meeting 2. Review of work progress 3. Field observations, problems, and decisions 4. Identification of problems that impede planned progress 5. Maintenance of progress schedule 6. Corrective measures to regain projected schedules 7. Planned progress during succeeding work period 8. Coordination of projected progress 9. Maintenance of quality and work standards 10. Effect of proposed changes on progress schedule and coordination 11. Demonstration that the project record drawings are up-to-date 12. Other business relating to the work END OF SECTION 2004-166aa 01200 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SUBMITTALS SECTION 01300 PART1 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 C. Individual submittals required in accordance with the pertinent sections of these specifications. PART 2 PRODUCTS 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 based on these specifications. 2.02 SHOP DRAWINGS A. The City of Renton will not accept shop drawings that prohibit the City from making sepias or copies for its own use. B. Quality: Shop drawings shall be prepared accurately to scale sufficiently large enough to indicate all pertinent features of the products and the method of fabrication, connection, erection, or assembly with respect to the work. C. All drawings submitted to the Engineer for this approval shall be drawn on sheets that are 22 inches wide by 34 inches long in overall dimensions or on small sheets that are multiples of 8-1/2 inches by 11 inches. D. Type of prints required: The Contractor shall submit six prints or copies of all shop drawings or supplemental working drawings in accordance with the General Conditions. 2.03 MANUFACTURERS' LITERATURE A. The Contractor shall submit six (6) copies of manufacturers' literature for approval. B. Catalog cuts or brochures shall show the type, size, ratings, style, color, manufacturer, and catalog number of each item and be complete enough to provide for positive and rapid identification in the field. Catalog data shall be submitted in an orderly bound form. General catalogs or partial lists will not be accepted. 2004-166aa 01300 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR 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 +.P 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. ► H. Where equipment requiring different arrangement of connections from those shown as approved is used, it shall be the responsibility of the Contractor to install r the equipment to operate properly, and in harmony with the intent on the drawings and specifications, and to make all changes in the work required by the different 2004-166aa 01300 PAGE 2 �.r GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SUBMITTALS SECTION 01300 arrangement of connections together with any cost of redesign necessitated thereby, all at Contractor's expense. I. Where the phrase "or equal" or "or equal as approved by the Engineer" occurs in the contract documents, do not assume that material, equipment, or methods will be approved as equal by the Engineer unless the item has specifically been approved for this work by the Engineer. J. The decision of the Engineer shall be final. PART 3 EXECUTION 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, the Section number and paragraph number. 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. 3.02 COORDINATION A. Shop and detail drawings shall be submitted in related packages. All equipment or material details that are interdependent or are related in any way must be submitted indicating the complete installation. Submittals shall not be altered once approved for construction. Revisions shall be clearly marked and dated. Major revisions must be submitted for approval. B. The Contractor shall thoroughly review all shop and detail drawings, prior to submittal, to ensure coordination with other parts of the work. The Contractor's failure to do this will be the cause for rejection_ Submittals shall bear this approval stamp and initials. C. Components or materials that require shop drawings, and which arrive at the job site prior to approval of shop drawings, shall be considered as not being made for this project and shall be subject to rejection and removal from the premises. END OF SECTION 2004-166aa 01300 PAGE 3 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR SHOP DRAWINGS, PRODUCT DATA, & SAMPLES SECTION 01340 PART1 GENERAL 1.01 SECTION INCLUDES Submit Shop Drawings, Product Data and Samples required by the Contract Documents. PART 2 PRODUCTS 2.01 PRODUCT DATA Clearly identify on each copy, as applicable: • Pertinent products or models; performance characteristics 2.02 SAMPLES Office samples shall be of sufficient size and quantity to clearly illustrate: • Products' functional characteristics with integrally related parts and attachment devices; and full range of color and texture. 2.03 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in the submittals required by the Architect and resubmit until approved. B. Shop Drawings and Product Data: Revise initial drawings or data, and resubmit as specified for the initial submittal. 2.04 ARCHITECT'S REVIEW RESPONSIBILITIES Reviewing is only for general conformance and compliance with Project Design concept and Contract Documents. Any action shown is subject to Contract Documents' requirements. Contractor is responsible for: 1. Dimensions (confirm and correlate at job site). 2. Fabrication processes; construction techniques. 3. Quantities, space requirements, coordination of wort;with that of other trades. 4. Union jurisdiction, infringements of patent rights. 5. Possible cause of injury to persons or property. 6. Satisfactory performance of your work, and the like. END OF SECTION 2004-166aa 01340 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR QUALITY CONTROL SECTION 01400 PART 1 GENERAL 1.01 REQUIREMENTS INCLUDE A. General Quality Control B. Workmanship C. Manufacturer's Instructions D. Testing Laboratory Services 1.02 QUALITY CONTROL, GENERAL Maintain quality control over subcontractors and suppliers, manufacturers, products, services, site conditions, delivery schedules, and workmanship, to produce work of specified quality. 1.03 WORKMANSHIP A. Comply with industry standards. B. Perform work by persons qualified to produce workmanship of specified quality. C. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking. 1.04 MANUFACTURERS' INSTRUCTIONS Comply with instructions in full detail, including each step in sequence. Sl- ald 1i istructions conflict with Contract Documents, request clarification from Ovine-hefoTe p:;;ceeding. 1.05 TESTING LABORATORY SERVICES A. Owner will employ and pay for services of an Independent Testing Laboratory to perform inspections, tests, and other services required by individual Specification Sections and by governing authorities. B. Services will be performed in accordance with requirements of governing authorities and with specified standards. C. Reports will be submitted to Architect/Engineer/Owner in triplicate giving observations and results of tests, indicating compliance or non-compliance with specified acceptable standards and with Contract Documents. END OF SECTION 2004-166aa 01400 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR INSPECTIONS &TESTS SECTION 01430 PART GENERAL 1.01 SCOPE When testing is required, special inspection and laboratory services obtained by the Owner are solely an assurance that Contract Document provisions are met. Results of Owner-procured tests and inspections may be made available to the Contractor as a convenience only. In no way is this to be construed as relieving the Contractor of his obligations to provide materials and workmanship in accordance with the specifications. 1.02 COSTS Except as specified elsewhere, the Owner will select and pay for all initial services of the testing laboratory for tests not required by public regulatory authorities. When initial tests indicate non-compliance with the Contract Documents, the costs of initial tests associated with that non-compliance will be deducted by the Owner from the Contract Sum. All subsequent re-testing will be performed by the same testing laboratory and the costs of any test not in compliance will he deducted from the Contract Sum. 1.03 CODE COMPLIANCE TESTING Inspections and tests required by codes, ordinances or by a plan approval authority, and made by a legally constituted authority, shall be the responsibility of and shall be paid for by the Contractor, unless otherwise provided in the Contract Documents. 1.04 SUBMITTALS Promptly process and distribute all required copies of test reports and related instructions. 1.05 DUTIES OF INSPECTORS AND TESTING SERVICES A. General: Inspection and testing services may be engaged by the Owner for the checking and testing of the following phases of the Work. B. Site work and Utilities: 1. Compaction of Fill: Test fill after compaction for required densities. 2. Earthwork: Inspect excavations for conformance with specifications. 3. Depth and Class of material: Test paving and surfacing for specified depth, class, and compaction. 4. Material make-up: Test for compliance with specifications. 1.06 CONTRACTOR'S RESPONSIBILITY A. Notification: 1. Notify Owner's Representative at least 48 hours before inspection will be M required. 2004-166aa 01430 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR INSPECTIONS&TESTS SECTION 01430 2. Notify testing laboratory sufficiently in advance of operations (not less than 48 hours) to allow for laboratory assignment of personnel and scheduling of tests. B. Defective Work: Remove and replace or bring into conformance with the Contract Documents any materials and work found defective by testing and inspection personnel at no additional cost to the Owner. C. Adherence to Schedule: When the testing laboratory is ready to test according to the determined schedule but is prevented from testing or taking specimens due to incompleteness of the work, all extra costs attributable to the delay may be charged to the Contractor. END OF SECTION 2004-166aa 01430 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH TEMPORARY CONTROLS SECTION 01500 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 this work as if specified in this section. 1.02 DESCRIPTION OF WORK 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: 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. 2004-166aa 01500 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH TEMPORARY CONTROLS SECTION 01500 2.02 USE AND OCCUPANCY A. The Contractor will be allowed space for the storage of materials and the pursuance of the work under this Contract. A limited number of employee parking spots will be provided at locations designated by the City or shown on the drawings. B. Security 1. The construction site shall be closed to the public at all times. The construction site 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 that ' construction activities endanger those facilities. 3. The Contractor shall abide by special requests of security personnel, local police and fire departments. C. The Contractor is made aware that Gene Coulon Memorial Beach Park is a very popular park and the boat launch ramps are frequently used. Four additional launch ramps, separated from these ramps by the center pier, will remain in operation throughout the life of this contract for use by the general public. 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 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 2004-166aa 01500 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH ENVIRONMENTAL CONTROLS SECTION 01560 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 this work as if specified in this section. 1.02 DESCRIPTION OF WORK The work includes the requirements to maintain environmental controls by the Contractor until the acceptance of the Work. The work also includes compliance with all controls or ordinances with respect to safety, noise, dust, and traffic_ 1.03 SITE MAINTENANCE The Contractor shall keep the work site, staging areas, and Contractor's facilities clean and free from rubbish and debris. Materials and equipment shall be removed from the site when they are no longer necessary. Upon completion of the work and before final acceptance, the work site shall be cleared of equipment, unused materials, and rubbish to present a clean and neat appearance in conformance with the present condition of the site. A. Site Preparation 1. The Contractor shall prepare a Surface Water Pollution Prevention Plan (SWPPP) prior to construction activity. 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 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 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. 2004-166aa 01560 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH 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- 1 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 that result in mud on site or in public streets is not acceptable as a substitute for sweeping or other methods. Equipment for this operation shall be on the job site or available at all times as appropriate. 1.05 NOISE CONTROL Construction involving noisy operations, including starting and warming up of equipment, shall be in compliance with local noise ordinances. Noisy operations shall be scheduled to minimize their duration. The Contractor shall comply with all local controls and noise ' level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. 1.06 TREE AND PLANT PROTECTION ' The Contractor shall carefully protect trees and vegetation in all areas within the site designated on the plans and all areas outside of the boundaries of the project site from damage by construction activities. If trees or vegetation are damaged or destroyed by 2004-166aa 01560 PAGE 2 t GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH ENVIRONMENTAL CONTROLS SECTION 01560 construction, the Contractor shall replace them with species and grade as required by the Engineer, at no cost to the City. 1.07 SPILL PREVENTION AND CONTROL A_ The Contractor shall be responsible for prevention, containment, and cleanup of spilled oil, fuel and other petroleum products used in the Contractor's operations. All such prevention, containment and cleanup costs shall be borne by the Contractor. The Contractor shall prepare a Spill Prevention, Containment and Countermeasure (SPCC) Plan. The SPCC plan shall be submitted to the City at least two weeks prior to the start of construction activity. Construction activities shall not begin until the City has reviewed and approved the SPCC Plan. B. The Contractor is advised that discharge of oil from equipment or facilities into state waters or onto adjacent land is not permitted under state water quality regulations. The Contractor will be responsible for all costs, including cleanup, fines or penalties, that are incurred as a result of discharge of oil from the Contractor's equipment or facilities. C. The Contractor shall, at a minimum, take the following measures regarding oil spill prevention, containment and cleanup: 1. Fuel hoses, lubrication equipment, hydraulically operated equipment, oil drums, and other equipment and facilities shall be inspected regularly for drips, leaks, or signs of damage, and shall be maintained and stored properly to prevent spills. Proper security shall be maintained to discourage vandalism. 2. All land-based oil and products storage tanks stored at the project site shall be kept in areas that are diked, have secondary containment or are otherwise located so as to prevent spills from escaping to the ground or water. 3. All visible floating oils on surface water at the project site shall be 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. 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: 2004-166aa 01560 PAGE 3 GENE COULON MEMORIAL BEACH PARK rr BOAT LAUNCH ENVIRONMENTAL CONTROLS SECTION 01560 ■r National Response Center, 1-800-424-8802 Washington Emergency Management Division, 1-800-258-5990 Ecology, Southwest Regional Office, 360-407-6300 1.08 CONTAMINATED/HAZARDOUS SOILS AND GROUNDWATER ' A. Contractor's responsibility: 1. The Contractor shall monitor soils, groundwater and waste materials for the ' presence of contaminants by instructing workers to observe and report questionable materials and odors, such as refuse, oily sheen or color on soils or water, and oily or chemical odors. If hazardous or contaminated materials are encountered, the Contractor shall stop all work in that area and notify the Engineer immediately. 2. The Contractor shall be responsible for all matters related to work safety and for detection of contaminated soils and groundwater encountered during the construction as they relate to worker safety. The Contractor shall ensure the protection of the safety and health of construction workers and other authorized persons at the work site from exposure to potential toxic materials. 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. .s B. Notification and Suspension 1. In the event the Contractor detects the presence of suspicious materials, the Contractor shall immediately notify the City. Following such notification by the Contractor, the City shall in turn notify the various governmental and regulatory agencies concerned with the presence of potentially dangerous materials. Depending upon the type of problem identified, the City may suspend the work in the vicinity of the material discovery. 2. Following completion of any further testing necessary to determine the nature of the materials involved, the City will determine how the material shall be handled and disposed. Although the actual procedures used in resuming the work shall depend upon the nature and extent of the questionable material, the following alternate methods of operation are foreseen as possible: a. Contractor to resume work as before the suspension. ' b. Contractor to move its operations to another portion of the site until measures to eliminate any hazardous conditions can be developed and approved by the appropriate regulatory agencies. , 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. 2004-166aa 01560 PAGE 4 ' GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH ENVIRONMENTAL CONTROLS SECTION 01560 PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION 2004-166aa 01560 PAGE 5 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR TRAFFIC REGULATION SECTION 01570 PART GENERAL 1.01 REQUIREMENTS INCLUDE A. Flagmen B. Flares and Lights C. Haul Routes D. Traffic Signs and Signals E. Removal F. Street Use Permits PART 2 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A. Traffic Cones and Drums, Flares, Lights and Traffic Control Barriers: As required by the City. B. Flagman Equipment: As required by the City. PART 3 EXECUTION 3.01 REFUSE CONTAINERS Locate refuse containers on-site, where possible, to prevent interference with public traffic and public parking. 3.02 FLAGMEN Provide trained and equipped flagmen to regulate traffic when construction operations or traffic encroach on public right of ways. 3.03 FLARES AND LIGHTS Use flares and lights during hours of low visibility to delineate traffic lanes and to guide vehicular and pedestrian traffic. 3.04 HAUL ROUTES Consult with City authorities, establish acceptable public thoroughfares to be used for haul routes and site access. 2004-166aa 01570 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR TRAFFIC REGULATION SECTION 01570 3.05 TRAFFIC SIGNS AND SIGNALS A. At approaches to site and on-site, install at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B. Relocate as Work progresses, to maintain effective traffic control measures. 3.06 REMOVAL Remove equipment and traffic control devices when no longer required. Repair damage caused by installation. 3.07 STREET USE PERMITS Obtain street use permits for the work, traffic revisions, and haul routes, as may be required. END OF SECTION ■r i 1 i 1 1 2004-166aa 01570 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR PRODUCT SUBSTITUTIONS SECTION 01630 PART1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section specifies administrative and procedural requirements for handling requests for substitutions made after award of the Contract. B. Requests for substitutions will not be considered until after award of the Contract. 1.03 DEFINITIONS A. Definitions used in this Article are not intended to change or modify the meaning of other terms used in the Contract Documents. B. Substitutions: Requests for changes in products, materials, equipment, and methods of construction required by Contract Documents proposed by the Contractor after award of the Contract are considered requests for "substitutions". The following are not considered substitutions: 1. Substitutions requested by Bidders during the bidding period, and accepted prior to award of Contract as directed by the Owner, are considered as included in the Contract documents and are not subject to requirements specified in this Section for substitutions. 2. Revisions to Contract Documents requested by the Owner or Owner's Representative. 3. Specified options of products and construction methods included in Contract Documents. 4. The Contractor's determination of and compliance with governing regulations and orders issued by governing authorities. 1.04 SUBMITTALS A. Substitution Request Submittal: Requests for substitution will be considered if received within 15 days after Notice to Proceed has been issued. Requests received more than 15 days after commencement of the Work may be considered or rejected at the discretion of the Owner's Representative. 1. Submit 3 copies of each request for substitution for consideration. Submit requests on the Substitution Request Form included at the end of this Section. 2004-166aa 01630 PAGE 1 GENE COULON MEMORIAL BEACH PARK rrr BOAT LAUNCH REPAIR PRODUCT SUBSTITUTIONS SECTION 01630 2. Identify the product, or the fabrication or installation method to be replaced in each request. Include related Specification Section and Drawing numbers. Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate: a. Product Data, including Drawings and descriptions of products, fabrication and installation procedures. b. Samples, where applicable or requested. C. A detailed comparison of significant qualities of the proposed substitution with those of the work specified. Significant qualities may + include elements such as size, weight, durability, performance and visual effect. d. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by the Owner and separate Contractors that will become necessary to accommodate the proposed substitution_ e. A statement indicating the substitution's effect on the Contractor's Construction Schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall Contract Time. f. Cost information, including a proposal of the net change, if any in the awarded Contract Price. g. Certification by the Contractor that the substitution proposed is equal to or better in every significant respect to that required by the Contract ' Documents, and that it will perform adequately in the application indicated. Include the Contractor's waiver of rights to additional payment or time, that may subsequently become necessary because of the failure of the substitution to perform adequately. 3. Action of Owner's Representative: Within one week of receipt of the request for substitution, the Owner's Representative will request additional information or documentation necessary for evaluation of the request. Within 2 weeks of receipt of the request, or one week of receipt of the additional information or documentation, which ever is later, the Owner's Representative will notify the Contractor of acceptance or rejection of the proposed substitution. If a decision on use of a proposed substitute cannot be made or obtained within the time allocated, use the product specified by name. Acceptance will be in the form of a Change Order. 2004-166aa 01630 w� PAGE 2 ■r GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR PRODUCT SUBSTITUTIONS SECTION 01630 PART PRODUCTS 2.01 SUBSTITUTIONS A_ Conditions: The Contractor's substitution request will be received and considered by the Owner's Representative when one or more of the following conditions are satisfied, as determined by the Owner's Representative; otherwise requests will be returned without action except to record non-compliance with these requirements. 1. Extensive revisions to Contract Documents are not required. 2. Proposed changes are in keeping with the general intent of Contract documents. 3. The request is timely, fully documented and properly submitted. 4. The request is directly related to an "or equal" clause or similar language in the Contract Documents. 5. The specified product or method of construction cannot be provided within the Contract Time. The request will not be considered if the product or method cannot be provided as a result of failure to pursue the Work promptly or coordinate activities properly. 6. The specified product or method of construction cannot receive necessary approval by a governing authority, and the requested substitution can be approved. 7. A substantial advantage is offered the Owner, in terms of cost, time, energy conservation or other considerations of merit, after deducting offsetting responsibilities the owner may be required to bear. Additional responsibilities for the owner may include additional compensation to the Owner's Representative for redesign and evaluation services, increased cost of other construction by the Owner or separate Contractors, and similar considerations. 8. The specified product or method of construction cannot be provided in a manner that is compatible with other materials, and where the Contractor certifies that the substitution will overcome the incompatibility. 9. The specified product or method of construction cannot be coordinated with other materials, and where the Contractor certifies that the proposed substitution can be coordinated. 10. The specified product or method of construction cannot provide a warranty required by the Contract documents and where the contractor certifies that the proposed substitution provide the required warranty. 2004-166aa 01630 PAGE 3 GENE COULON MEMORIAL BEACH PARK ' BOAT LAUNCH REPAIR PRODUCT SUBSTITUTIONS , SECTION 01630 B. The Contractor's submittal and Owner's Representative acceptance of Shop Drawings, Product Data or Samples that relate to construction activities not complying with the Contract Documents does not constitute an acceptable or valid request for substitution, nor does it constitute approval. PART 3 EXECUTION NOT APPLICABLE t END OF SECTION (AFTER FORM) ' 2004-166aa 01630 PAGE 4 ' GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR PRODUCT SUBSTITUTIONS SECTION 01630 SUBSTITUTION REQUEST FORM Attention: Bill Rasmussen, Capital Project Coordinator Project: Coulon Beach Park Gangway Improvements Contractor: Date: We hereby submit for consideration the following product/material instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete dimensional information and technical data, including laboratory tests, if applicable per section 01630, 1.04 Submittals. Include complete information on changes to Drawings and Specifications that proposed substitution will require for its proper installation. Submit with request all necessary samples and substantiating data to prove equal quality, performance, and appearance to that specified. Clearly mark Manufacturer's literature to indicate equality in performance. Indicate differences in quality of materials and construction. Fill in blanks below: Does the substitution affect dimensions shown on the Drawings? YES NO If YES, clearly indicate changes: Does the substitution alter the Contract Sum for the project? YES NO If YES, clearly indicate the dollar amount of change and whether substitution is an addition to or subtraction from the awarded Contract Price. 2004-166aa 01630 PAGE 5 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR PROJECT CLOSEOUT SECTION 01700 PART1 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. Work related to this section is described throughout the specifications. B. Prior to requesting final inspection, the Contractor shall ensure that the project is complete in all aspects. PART 2 PRODUCTS 2.01 WARRANTY A. The Contractor warrants the labor, materials and equipment delivered under the contract to be free from defects in design, material, or workmanship, and against damage caused prior to final inspection. Unless otherwise specified, this warranty extends for a period of one (1) year from the date of acceptance. B. The Contractor shall promptly repair or replace all defective or damaged items delivered under the contract. The Contractor may elect to have any replaced item returned to Contractor's plant at Contractor's expense. C. In the event of equipment failure, during such time or in such a location that immediate repairs are mandatory, the Contractor shall respond promptly, irrespective of time. If the Contractor is not available, the City will affect repairs. The Contractor shall then reimburse the City for parts and labor necessary to correct deficiencies as defined within the warranty clause and time. PART 3 EXECUTION 3.01 FINAL DOCUMENTS A. Record drawings shall be completed and submitted to the Engineer within 30 days of substantial completion. Record drawings must be complete and accepted by the Engineer before final completion is issued. B. Record Drawings refer to those documents maintained and annotated by the Contractor during construction. Record drawings shall contain the following: location of micro piles, attachment of grates to concrete panels. C. Unless otherwise specified, record drawings shall be full size (22" x 34") and maintained in a clean, dry, and legible condition. Record documents shall not be used for construction purposes and shall be available for review by the Engineer during normal working hours at the Contractor's field office. 200-166aa 01700 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR PROJECT CLOSEOUT SECTION 01700 D. Drawings shall be kept current and shall be updated at the time the material and equipment is installed. Annotations to the record documents shall be made with an erasable colored pencil conforming to the following color code: Additions...........Red Deletions...........Green Comments ........Blue Dimensions.......Graphite E. Legibly mark to record actual depths, horizontal and vertical location of pipe, and appurtenances referenced to permanent surface improvements. F. Record drawings shall be in accordance with horizontal and vertical control as shown on the drawings. 3.02 CLEAN-UP Final clean-up and clean-up during the course of the work is defined in the General Conditions. Those paragraphs are supplemented to provide the following: A. General: Prior to completion of the work, remove all tools, surplus materials, equipment, scrap, debris, and waste from the job site. Conduct final progress cleaning. ' B. Site: Unless otherwise specifically directed by the Engineer, hose down all paved areas on the site and all public sidewalks directly adjacent to the site. Completely remove and dispose of all resultant debris. C. Timing: Schedule final cleaning as approved by the Engineer to enable the City to occupy a completely clean project. END OF SECTION ' 200-166aa 01700 PAGE 2 TECHNICAL SPECIFICATIONS DIVISIONS 2 & 5 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR GRATING SECTION 05530 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 SUMMARY Extent of Work: The extent and location of "Metal Grating" is indicated on the drawings. The work includes producing, transporting and installing riveted metal grating and flattened metal grating in conformance with these specifications and the dimensions and sections indicated on the drawings. 1.03 REFERENCES A. ASTM A36/A36M - Carbon Structural Steel B. ASTM A123 - Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products C. ASTM A569/A569M - Steel, Carbon (0.15 Maximum Percent), Hot-Rolled Sheet and Strip Commercial Quality D. ASTM A653/A653M - Steel Sheet, Galvanized by the Hot-Dip Process E. ASTM A101 1/A 1011M — Hot Rolled Carbon Steel Sheet and Strip Commercial Quality F. AWS D1.1 (American Welding Society) - Structural Welding Code G. NAAMM (National Association Architectural Metal Manufacturers) - Heavy Duty Metal Bar Grating Manual H. SSPC - Steel Structures Painting Manual 1.04 SUBMITTALS Submit the following items in accordance with Section 01300 — Submittals: A. Shop Drawings: Indicate details of gratings, plates, anchor bolts and clips, direction of grating, perimeter construction details, and tolerances. Indicate welded connections using standard AWS A2.0 welding symbols and indicate net weld lengths. B. Product Data: Submit manufacturers catalog cuts. 2004-166aa 05530 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR GRATING SECTION 05530 PART 2 PRODUCTS 2.01 GRATING A. Material shall be riveted steel bar grating type R-18-3 '/2 (1 '/2" X 3/16") Steel, as defined in the NAAMM - Heavy Duty Metal Bar Grating Manual, from the below listed manufacturers or approved equal. The bar grating shall be hot-dip galvanized after fabrication with trim banding on all ends. Sections of grating shall be 21 bars wide, approximately 24 inches, and have a length of 8 feet. B. Manufacturers: • McNichols Welded Bar Grating "GW" series • Marco Specialty Steel, Welded Bar Grating, 19-W-4 • Grating Pacific, Welded Bar Grating, 19-W-4 2.02 RIVETED BAR GRATING A, Riveted bar grating material for Alternate Bid One shall be riveted steel bar grating type R-18-3 '/2 (1" X 3/16") Steel, as defined in the NAAMM - Heavy Duty Metal Bar Grating Manual, from the below listed manufacturers or approved equal. The bar grating shall be hot-dip galvanized after fabrication with trim banding on all ends. Sections of grating shall be 19 bars wide, approximately 24 inches, and , have a length of 8 feet. B. Manufacturers: • McNichols Riveted Bar Grating "GO" series • Marco Specialty Steel, Riveted Bar Grating, 18-R-3 • Grating Pacific, Riveted Bar Grating, R-18-3.5 ' 2.03 FLATTENED METAL GRATING Materials shall be reconditioning material from McNichols or approved equal. 2.04 COMPONENTS A. Sheet Steel For Die Stamping: ASTM A653/A653M. B. Formed Steel For Riveting: ASTM A569/A569M or ASTM A36/A36M or ASTM ' A1011/A 1011M, of shapes matching the product type listed above. C. Welding Materials: AWS D1.1, type required for materials being welded. ' D. Touch-Up Primer for Galvanized Surfaces: SSPC 20 Type I Inorganic, zinc rich. 2004-166aa 05530 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR GRATING SECTION 05530 E. Epoxy Grout Adhesive: Epoxy grout recommended for underwater installations, PRO-PDXY 300 FAST by Unitex or EUCO TREMIE GROUT by The Euclid Chemical Company or approved equal. Any epoxy grout proposed for approval as an "Or-Equal" shall meet the following requirements: 1. Be recommended by the manufacturer for use as an epoxy grout suitable for use, applied and cured underwater. 2. Have a final cure time of less than 24 hours with a minimum substrate and water temperature of 40 deg F. F. Anchor Bolts: ASTM A307 or threaded rod, ASTM A36 or as recommended by epoxy grout manufacturer to match epoxy grout installation. All items shall be hot dip galvanized. G. Mechanical Anchor Bolts: ASTM A36 or as recommended by manufacturer to match epoxy grout installation. All items shall be hot dip galvanized or stainless steel. 2.05 ACCESSORIES A. Anchorage clips and fasteners: Clips and fasteners shall be as recommended by the grating manufacturer and shall be hot dip galvanized steel. B. Edge Banding: Trim banding along perimeter of all individual grating sections. 2.06 FABRICATION A. Grating Type: Grating shall be manufactured in the factory and it shall be welded construction with the material width and thickness specified. B. Welded joints of bearing bars and cross bars. C. Bearing Bar: 1 inch by 3/16 inch size, spaced at 1 3/16 inches, center to center. 2.07 FABRICATION —ALTERNATE BID ONE A. Grating Type: Grating shall be manufactured in the factory and it shall be riveted construction with the material width and thickness specified. B. Rivet joints of intersecting metal sections. C. Bearing Bar: 1 inch by 3/16 inch size, spaced at 1 1/8 inches. 2.08 SHOP FINISHING Galvanizing: ASTM A123 to 1.8 oz/sq ft weight 2004-166aa 05530 PAGE 3 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR GRATING SECTION 05530 PART 3 EXECUTION 3.01 INSTALLATION A. Grating shall be installed with the gap shown on the drawings. Cut the grating locally where the grating interferes with the micro-piles. Field treat the cut area with two coats of zinc rich touch-up primer. B. Place frames in correct position, and flush with the concrete panels. Hold firmly in position with a minimum of 4 mechanical anchor bolts per section of grating during the installation and curing of the epoxy grouted anchors. The mechanical anchors may be left in place. C. Mechanically cut galvanized surfaces. Do not flame cut. D. Anchor by bolting. Provide an anchor bolt within 6 inches of the end of the grating and at a maximum of 28 inches on center along the grating. Provide an anchor bolt within 6 inches of the grating edge.. E. Materials have been specified to allow installation of the grating underwater with the panels in-place. If the Contractor elects to remove and replace the concrete panels to allow installation of the grating in the dry for his convenience, it is the Contractor's responsibility to preserve and protect these panels. The Contractor is cautioned that the panels have been in place for numerous years and lifting them out of the water is not encouraged. 3.02 ERECTION TOLERANCES A. Minimum space between adjacent sections: 1.25 inch B. Maximum space between adjacent sections: 1.50 inch C. Maximum space between grate sections and reconditioning material at the top of the ramp: 0.75 inch D. Maximum variation from top surface plane of adjacent sections: 1/2 inch 3.03 CLEANING Clean welds and damaged coatings and apply two coats of zinc rich touch-up primer prior to attachment to the concrete panels. END OF SECTION 2004-166aa 05530 PAGE 4 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR MICRO PILES SECTION 02451 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 this work as if specified in this section. 1.02 DESCRIPTION OF WORK Extent of Work: The extent and location of"Micro Pile" work is indicated on the drawings. The work includes producing, transporting and installing micro piles in conformance with these specifications and the dimensions and sections indicated on the drawings. 1.03 REFERENCES A. ASTM A53/A 53M, Steel Pipe B. ASTM A123 —Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products 1.04 SUBMITTALS A. Product Data: For each type of product indicated. B. Qualification Data: For installation container. C. Installation Plan: Contractor shall submit a plan of how they intend to install the micro piles for approval. The plan shall be approved prior to mobilization onto the site. 1.05 QUALITY ASSURANCE A. Survey Work: Lay out micro piles as shown on the drawings. Record the actual measurements of each micro pile location, length of installed pile, and location of top of pile above concrete panel. B. Preinstallation Conference: Conduct preinstallation conference at project site. 1.06 PROJECT CONDITIONS A. Site Information: The site is a popular park and close coordination with the Owner is required during all construction activities. The launch ramps adjacent to the i boat launch ramps to be repaired will remain in operation during the life of this contract. The Contractor shall visit the site to become familiar with the site, character of existing conditions, and locations of work areas and work items prior to bid. 2004-166aa 02451 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR MICRO PILES SECTION 02451 B. Existing Utilities: Overhead obstructions shall be identified prior to the operations of any equipment that presents a hazard. C. Special Controls: Prevent silt, sediment, and contaminants from construction activities and vehicles from entering the water. PART PRODUCTS 2.01 MICRO PILES Steel Pipe: ASTM A 53/A 53M, extra strong (Schedule 80), hot-dip galvanized in accordance with ASTM A123. PART 3 EXECUTION 3.01 PREPARATION ' A. Protect existing concrete ramp, walkways, piers, other structures, pavements, and , other facilities from damage caused by settlement, lateral movement, vibration, and other hazards created by micro pile operations. B. Micro piles shall be furnished in one length, splices are not allowed. C. The majority of the piles are underwater. Contractor shall have their installation plan approved prior to mobilizing onto the site. 3.02 INSTALLATION A. Micro piles shall be installed to their full length in one operation. , B. Contractor shall hold the precast panels in their correct location while installing the ' micro piles. The Contractor shall immediately notify the Engineer if there is not sufficient clearance between the panels to install the micro piles. 3.03 INSTALLATION TOLERANCES ' A. Horizontal Location: +/- 3 inches along the panel joint and tight to the panel above the micro pile. , B. Vertical Location: Flush with or up to 3/4 inch above the concrete panels. R C. Plumbness: Up to 1/2 on 12 from perpendicular with the concrete panels. END OF SECTION 2004-166aa 02451 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR CRUSHED ROCK SECTION 02730 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 this work as if specified in this section. 1.02 SUMMARY Extent of Work: The extent and location of"Crushed Rock" is indicated on the drawings. The work includes producing, transporting, placing and shaping one or more materials in conformance with these specifications and the dimensions and sections indicated on the drawings or within the lines and grades established by the Engineer. 1.03 REFERENCES Washington State Department of Transportation (WSDOT): Standard Specifications for Road, Bridge, and Municipal Construction, English Units; and Amendments, 2004 1.04 QUALITY ASSURANCE A. The Contractor shall provide pre-fill and post-fill surveys of the in-water areas at the base of the boat launch ramps. The post-fill survey will determine if the Contractor achieved the lines and grades shown on the project drawings. Sounding and survey line stations for all pre-fill and post-fill surveys shall be oriented perpendicular to the ramp. Sounding and survey line stations shall be spaced at intervals not greater than 16 feet. B. The City reserves the right to retain an independent surveyor to periodically check the Contractor's survey. Surveying performed by the City will be at no cost to the Contractor. 1.05 JOB CONDITIONS A. Existing Utilities: Overhead obstructions shall be identified prior to the operations of any equipment that presents a hazard. B. Special Controls: Prevent silt, sediment and contaminants from construction activities and vehicles from entering the water. do 1.06 SUBMITTALS A. Certified Test Results: Submit copies from commercial testing laboratory on source materials 20 days prior to delivery of materials to project showing materials meeting the physical qualities specified. 2004-166aa 02730 PAGE 1 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR CRUSHED ROCK SECTION 02730 B. Field notes, Drawings, quantity computations, and point data within five calendar days after completion of each survey to: City of Renton 1055 S. Grady Way ' Renton, WA 98055 Attn: Bill Rasmussen, Project Manager C. Progress surveys shall be conducted in excavation and fill areas to monitor the accuracy of the work being performed. Progress surveys shall be submitted prior to submittal of progress payment requests. PART PRODUCTS 2.01 CRUSHED ROCK A. Crushed rock shall be manufactured from ledge rock, talus, or gravel. The materials shall be uniform in quality, and free from wood, steel, roots, bark and other extraneous material. Crushed rock shall meet the requirements for coarse aggregate specified in , B q Section 9-03.1(4) of the WSDOT Standard Specifications for AASHTO Grading No.57. It shall be washed rock. ' PART 3 EXECUTION , 3.01 EQUIPMENT All equipment necessary for the installation of crushed rock shall be in good condition. ' Oils, grease or other hazardous materials shall be prevented from entering the waters at the site. 3.02 PLACEMENT OF CRUSHED ROCK A. Equipment necessary for the satisfactory performance of this construction shall be ' on the project and approved by the Engineer prior to beginning work. B. Obtain Engineer's approval before placing materials. Spread each layer of , surfacing material by means of approved spreading equipment. Variations in the surface of the top course shall be a maximum of 1/2 inch in 10 feet. Variations greater than the allowable shall be shaved off or filled in. C. Reduce rework of the native material and crushed rock to reduce introducing silt and sediment into the water column. Maintain the surface of each layer of material reasonably true to line, grade, and cross section until placing the succeeding course. Place the first course of surfacing material on all available subgrade 2004-166aa 02730 PAGE 2 GENE COULON MEMORIAL BEACH PARK BOAT LAUNCH REPAIR CRUSHED ROCK SECTION 02730 before placing the succeeding course unless otherwise authorized by the Engineer. D. Voids may be present underneath panels that have not moved down the slope. If voids greater than one (1) foot wide and/or greater than one (1) inch in height exist, the void(s) shall be filled with crushed rock. The panels may be reomoved and replaced and/or lifted to allow placement of the crushed rock at the Contractor's option. It is the Contractor's responsibility to preserve and protect these panels. 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