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Home My WebLink AboutContract CAG-06-066 ® Award Date: 5/22/2006 DocumentA101 TM . 1997 Amount: $571,200 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the ? day of in the year of a&006 (In words, indicate day,month and year) 0 ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, address and other information) completion.The author may also have revised the text of the original City of Renton AIA standard form.An Additions and City of Renton Municipal Airport Deletions Report that notes added 616 W.Perimeter Road,Unit A information as well as revisions to Renton,WA 98055 the standard form text is available Telephone Number:425-430-7471 from the author and should be Fax Number:425-430-7472 reviewed.A vertical line in the left margin of this document indicates and the Contractor: where the author has added (Name, address and other information) necessary information and where the author has added to or deleted Construct Co.,General Corporation from the original AIA text. 1621 Pease Avenue This document has important legal Sumner,WA 98390 consequences. Consultation with an Telephone Number: 253-826-2050 ext.204 attorney is encouraged with respect Fax Number: 253-826-2048 to its completion or modification. AIA Document A201-1997,General The Project Conditions of the Contract for (Name and location) Construction,is adopted in this document by reference. Do not use Airport Entrance Rehabilitation Project with other general conditions unless Renton Municipal Airport this document is modified. 616 W.Perimeter Road,Unit A Renton,WA 98055 This document has been approved and endorsed by The Associated The Architect is: General Contractors of America. (Name, address and other information) MacLeod Reckord 231 Summit Avenue East Seattle,WA 98102 Telephone Number: 206-323-7919 Fax Number: 206-323-9242 The Owner and Contractor agree as follows. AIA Document A101TM"—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This 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 15:47:19 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1535855356) w% r 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.) The commencement date will be fixed in a notice to proceed. If,prior to the commencement of the Work,the Owner requires time to file mortgages,mechanic's liens and other security interests,the Owner's time requirement shall be as follows: §3.2 The Contract Time shall be measured from the date of commencement. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 105 days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) $200.00 per day ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Five Hundred Seventy-one Thousand Two Hundred Dollars and Zero Cents ($ 571,200.00),subject to additions and deductions as provided in the Contract Documents. §4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A101TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:47:19 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1535855356) vr,✓ §43 Unit prices,if any,are as follows: Description Units Price($0.00) ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the+month,'or as follows: (Paragraphs deleted) §5.1.3 The City of Renton operates on a two-week cycle according to the 2006 Accounts Payable Calendar,a copy of which will be provided to the Contractor. Applications for Payment must be received by the Owner a minimum of one week prior to any Purchase Order cutoff date to be processed in that run. §5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end;of the period covered by the Application for Payment. §5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of Five percent ( 5.00%).Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute`shall be included as provided in Section 7.3.8 of AIA Document A201-1997; 2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of Five percent ( 5.00%); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and AIA Document A101Tm—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This 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 15:47:19 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1535855356) *✓ `+„01` (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 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) N/A §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997,and to satisfy other requirements, if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION §6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. §6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS §7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ( )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.) §7.3 The Owner's representative is: (Name, address and other information) AIA Document A101 TM—1997.Copyright 01915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This 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 15:47:19 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1535855356) Ryan Zulauf City of Renton Municipal Airport 616 W.Perimeter Road,Unit A Renton,WA 98055 Telephone Number: 425-430-7471 Fax Number: 425-430-7472 §7.4 The Contractor's representative is: (Name, address and other information) Cy Morse Construct Co. 1621 Pease Avenue Sumner,WA 98390 Telephone Number: 253-826-2050 ext 204 Fax Number: 253-826-2048 §75 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §7.6 Other provisions: None 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. I §8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated April 18,2006,and are as follows Document Title Pages Division 0; Bidding Requirements, 67 Contract Forms&Conditions of Contract Division 1 General Requirements 46 §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: Table of Contents: Division 2-4(see attached Exhibit A) (Rows deleted) §8.1.5 The Drawings are as follows,and are dated April 18,2006 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:Exhibit B AIA Document A101TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:47:19 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1535855356) r... I (Rows deleted) §8.1.6 The Addenda,if any,are as follows: Number Date Pages 1 4/26/2006 14 2 4/26/2006 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. §8.1.7 Other documents,if any,forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) None This Agreement is entered into as of the day and year first written above and is executed in at least three original copies,of which one is to be delivered to the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. I OWNER(S' nature) CONTRA OR(Signature) Kathy Keolker,Mayor Cy Morse I" I a e\o c a.- (Printed name and title) (Printed name and title) .a ATTEST(Signature) Bonnie Walton,City Clerk (Printed name and title) AIA Document A101TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. s 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 15:47:19 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1535855356) `.or Additions and Deletions Report for AIA®Document A101TM— 1997 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:47:19 on 06/01/2006. PAGE City of Renton City of Renton Municipal Ai1port 616 W.Perimeter Road.Unit A Renton,WA 98055 Telephone Number:425-430-7471 Fax Number:425-430-7472 Construct Co.,General Corporation 1621 Pease;Avenue Sumner,WA 98390 Telephone Number:253-826-2050 ext.204 Fax Number: 253-826-2048 Airport Entrance Rehabilitation Proiect Renton Municipal Airport` 616 W.Perimeter Road,Unit A Renton WA 98055 MacLeod Reckord 231 Summit Avenue East' Seattle,WA 98102 Telephone Number:206-323-7919 Fax Number: 206-323-9242 PAGE 2 The commencement date will be fixed in a notice to proceed §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 105 days from the date of commencement,or as follows: $200.00 per day §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be Five Hundred Seventy-one Thousand Two Hundred Dollars and Zero Cents ($ 571:200.00),subject to additions and deductions as provided in the Contract Documents. PAGE 3 Additions and Deletions Report for AIA Document A101TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and 1 International Treaties.Unauthorized reproduction or distribution of this AIA! Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:47:19 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1535855356) #Moe §5.4.3 Wevided that an Applieatien fer-Payment is f-eeeiyed by the A&ehiteet net Wer-than the day ef a fnenth,4he Owner shall foake payment te the Cen4aetef:net later-than the day ef the menth.if an Appheation for-Payment is reeeived by the Ar-ehiteet after-the appheatien date fi*ed above,payment shall be made by the Owner-not latef: than^'Trda days after-the-Arehiteet reeeiN es the n 1 a li ti f D J r §5.1,3 The City of Renton operates on a two-week cycle according to the 2006 Accounts Payable Calendar,a copy of which will be provided to the Contractor. Applications for Payment must be received by the Owner a minimum of one week prior to any Purchase Order cutoff date to be processed in that run .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of Five percent ( 5.00%).Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of Five percent ( 5.00%); PAGE 4 N/A • ( )per annum PAGE 5 Ryan Zulauf City of Renton Municipal Airport 616 W.Perimeter Road,Unit A Renton,WA 98055 Telephone Number: 425-430-7471 Fax Number: 425-430-7472 Cy Morse Construct Co. 1621 Pease Avenue Sumner,WA 98390 Telephone Number: 253-826-2050 ext 204 Fax Number: 253-826-2048 None i'8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated April 18,2006,and are as follows Division 0 Bidding Requirements, 67 Contract Forms&Conditions of Contract Division 1 General Requirements 46 Title of Specifications exhibit: Table of Contents:Division 2-4(see attached Exhibit A) Beefier+ Ue Pages Additions and Deletions Report for AIA Document A101TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and .L 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 15:47:19 on 06/01/2006 under Order No.1000232520_1 which expires on 5/912007,and is not for resale. User Notes: (1535855356) *.., §8.1.5 The Drawings are as follows,and are dated April 18,2006 unless a different date is shown below: Title of Drawings exhibit:Exhibit B NumbeF TWO Date 1 4/26/2006 14 2 4/26/2006 1 None Kathy Keolker Ma or '� Cv Morse ATTEST(Signature) Bonnie Walton,City Clerk (Printed name and title) Additions and Deletions Report for AIA Document A101TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and 3 International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:47:19 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1535855356) Iftow *4w Certification of Document's Authenticity AIA@ Document D401Im — 2003 1,Ryan Zulauf,Airport Manager,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:47:19 on 06/01/2006 under Order No. 1000232520_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A101TM—1997- Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM, as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) V U (Title) V t� (Dated) AIA Document D401 TM—2003.Copyright©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it, 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 15:47:19 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1535855356) %li -!-AIA Document A201TM — 1997 General Conditions of the Contract for Construction forthe following PROJECT: (Name and location or address): ADDITIONS AND DELETIONS: Airport Entrance Rehabilitation Project The author of this document has City of Renton Municipal Airport added information needed for its 616 W.Perimeter Road,Unit A completion.The author may also Renton,WA 98055 have revised the text of the original AIA standard form.An Additions and THE OWNER: Deletions Report that notes added (Name and address): information as well as revisions to City of Renton the standard form text is available City of Renton Municipal Airport,Unit A from the author and should be 616'W.Perimeter Road reviewed.A vertical line in the left Renton,WA 98055 margin of this document indicates where the author has added THE ARCHITECT: necessary information and where (Name and address): the author has added to or deleted MacLeod Reckord from the original AIA text. 231 Summit Avenue East This document has important legal Seattle,WA 98102 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES This document has been approved and endorsed by The Associated 1 GENERAL PROVISIONS General Contractors of America 2 OWNER 3 ' CONTRACTOR 4 ADMINISTRATION OF THE CONTRACT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK.; 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 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 15:54:29 on 06/01/2006 under Order No.,000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) 400 14 TERMINATION OR SUSPENSION OF THE CONTRACT AIA Document A201111-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. .1 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) INDEX 3.1.3,4.2,4.3.4,4.4,9.4,9.5 (Numbers and Topics in Bold are Section Headings) Architect's Approvals 2.4,3.1.3,3.5.1,3.10.2,4.2.7 Acceptance of Nonconforming Work Architect's Authority to Reject Work 9.6.6,9.9.3,12.3 3.5.1,4.2.6, 12.1.2, 12.2.1 Acceptance of Work Architect's Copyright 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 1.6 Access to Work Architect's Decisions 3.16,6.2.1,12.1 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, Accident Prevention 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, 4.2.3, 10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Acts and Omissions Architect's Inspections 3.2,3.3.2,3.12.8,3.18,4.2.3,4.3.8,4.4.1,8.3.1, 4.2.2,4.2.9,4.3.4,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 9.5.1, 10.2.5,13.4.2, 13.7, 14.1 Architect's Instructions Addenda 3.2.3,3.3.1,4.2.6,4.2.7,4.2.8,7.4.1, 12.1, 13.5.2 1.1.1,3.11 Architect's Interpretations Additional Costs,Claims for 4.2.11,4.2.12,4.3.6 4.3.4,4.3.5;4.3.6,6.1.1, 10.3 Architect's Project Representative Additional Inspections and Testing 4.2.10 9.8.3, 12.2.1, 13.5 Architect's Relationship with Contractor Additional Time,Claims for 1.1.2, 1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1, 4.3.4,4.3.7;8.3.2 3.7.3,3.10,3.11,3.12, 3.16,3.18,4.1.2,4.1.3,4.2, ADMINISTRATION OF THE CONTRACT 4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4, 3.1.3,4,9.4,9.5 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, Advertisement or Invitation to Bid 13.4.2, 13.5 1.1.1 Architect's Relationship with Subcontractors Aesthetic Effect 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.4.7 4.2:13,4.5.1 Architect's Representations Allowances 9.4.2,9.5.1,9.10.1 3.8 Architect's Site Visits All-risk Insurance 4.2.2,4.2.5,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 11.4.1.1 13.5 Applications for Payment Asbestos 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, 10.3.1 9.10, 11.1.3, 14.2.4, 14.4.3' Attorneys' Fees Approvals 3.18.1,9.10.2, 10.3.3 2.4 3.1.3,35,3.10.2,3.12,4.2.7,9.3.2, 13.4.2, 13.5 Award of Separate Contracts Arbitration 6.1.1,6.1.2 4.3.3,4.4,4.5.1,4.5.2,4.6,8.3.1,9.7.1, 11.4.9, Award of Subcontracts and Other Contracts for 11.4.10 Portions of the Work Architect 5.2 4.1 Basic Definitions Architect,Definition of 1.1 4.1.1 Bidding Requirements Architect,Extent of Authority 1.1.1, 1.1.7,5.2.1, 11.5.1 2.4,3.12.7,4.2,4.3.6,44,5.2,6.3,7.1.2,7.3.6,7.4, Boiler and Machinery Insurance 9.2,9.3.1,9.4,9.5,9.8.3,9.10.1, 9.10.3, 12.1, 12.2.1, 11.4.2 13.5.1, 13.5,.2, 14.2.2, 14.2.4 Bonds,Lien Architect,Limitations of Authority and 9.10.2 Responsibility Bonds,Performance,and Payment 2.1.1,3.3.3,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1, 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 42.2,4.2.3„4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,4.4, Building Permit 5.2.1,7.4,9.4.2,9.6.4,9.6.6 3.7.1 Architect's Additional Services and Expenses Capitalization 2.4, 11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 1.3 Architect's Administration of the Contract Certificate of Substantial Completion AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) *060, ., 9.8.3,9.8.4,9.8.5 1.6.1,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6.4, Certificates for Payment 4.6.6,9.6.4, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 9.10.3, 13.7, 14.1.1.3, 14.2.4 Concealed or Unknown Conditions Certificates of Inspection,Testing or Approval 4.3.4,8.3.1, 10.3 13.5.4 Conditions of the Contract Certificates of Insurance 1.1.1, 1.1.7,6.1.1,6.1.4 9.10.2, 11.1.3 Consent,Written Change Orders 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 1.1.1,2.4.1,3.4.2,3.8.2.3,3.11.1,3.12.8,4.2.8,4.3.4, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 4.3.9,5.2.3,7.1,7.2,7.3,8.3.1,9.3.1.1,9.10.3, CONSTRUCTION BY OWNER OR BY 11.4.1.2, 11.4.4, 11.4.9, 12.1.2 SEPARATE CONTRACTORS Change Orders,Definition of 1.1.4,6 7.2.1 Construction Change Directive,Definition of CHANGES IN THE WORK 7.3.1 3.11,4.2.8,7,8.3.1,9.3.1.1, 11.4.9 Construction Change Directives Claim,Definition of 1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 4,3.1 Construction Schedules,Contractor's Claims and Disputes 1.4.1.2, 3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 3.2.3,4.3,4.4,4.5,4.6,6.1.1,6.3,7.3.8,9.3.3,9.10.4, Contingent Assignment of Subcontracts 10.3.3 5.4,14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance 4.6.5 4.3.3 Claims for Additional Cost Contract,Definition of 3.2.3,4.3.4,4.3.5,4.3.6,6.1.1,7.3.8, 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, 14.1:3, 14.2.4 to Claims Subject to Arbitration 3.7.1,3.10,5.2,6.1, 11.1.3, 11.4.6, 11.5.1 4.4.1,4.5.1,4.6.1 Contract Documents,The Cleaning Up, 1.1,1.2 3.15,6.3 Contract Documents,Copies Furnished and Use of Commencement of Statutory Limitation Period 1.6,2.2.5,5.3 13.7 Contract Documents,Definition of Commencement of the Work,Conditions Relating to 1.1.1 2..2.1,3.2.1,3.4.1,3.7.1,3.10.1,3.12.6,4.3.5,5.2.1, Contract Sum 5.2.3,6.2.2,8.1.2,8.2.2,8.3.1, 11.1, 11.4.1, 11.4.6, 3.8,4.3.4,4.3.5,4.4.5,5.2.3,7.2,7.3,7.4,9.1,9.4.2, 11.5.1 9.5.1.4,9.6.7,9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2 Commencement of the Work,Definition of Contract Sum,Definition of 8.1.2 9.1 Communications Facilitating Contract Contract Time Administration 4.3.4,4.3.7,4.4.5,5.2.3,7.2.1.3,7.3,7.4,8.1.1,8.2, 3.9.1,4.2.4 8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 14.3.2 Completion,Conditions Relating to Contract Time,Definition of 1.6.1,3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8, 8.1.1 9.9.1,9.10, 12.2, 13.7, 14.1.2 CONTRACTOR COMPLETION,PAYMENTS AND 3 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 ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA! Document Is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) ,W. ``0000 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, 6.2.5,3.14 11.1.1, 11.4.7, 14.1, 14.2.1.1, Damage to Construction of Owner or Separate Contractor's Liability Insurance Contractors 11.1 3.14.2,6.2.4,9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, Contractor's Relationship with Separate Contractors 11.4, 12.2.4 and Owner's Forces Damage to the Work 3.12.5,3.14.2,4.2.4,6, 11.4.7, 12.1.2, 12.2.4 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.2.4 Contractor's Relationship with Subcontractors Damages,Claims for 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, 3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.4.1.2, 11.4.7, 11.4.8 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 Contractor's Relationship with the Architect Damages for Delay 1.1.2, 1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1, 3.4.2,3.5.1, 6.1.1,8.3.3,9.5.1.6,9.7, 10.3.2 3.7.3,3.10,'3.11,3.12,3.16,3.18, 4.1.2,4.1.3,4.2, Date of Commencement of the Work,Definition of 4.3.4,4.4.1,4.4.7,5.2,6.2.2,7, 8.3.1,9.2,9.3,9.4, 8.1.2 9.5 9.7,9.8,9.9, 10.2.6, 10.3,11.3, 11.4.7, 12, Date of Substantial Completion,Definition of 13.4.2, 13.5 8.1.3 Contractor's Representations Day,Definition of 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 8.1.4 Contractor's Responsibility for Those Performing the Decisions of the Architect Work 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, 3.3.2,3.18,;4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, 10- 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Contractor's Review of Contract Documents Decisions to Withhold Certification 1.5.2,3.2,3.7.3 9.4.1,9.5,9.7, 14.1.1.3 Contractor's Right to Stop the Work Defective or Nonconforming Work,Acceptance, 9.7 Rejection and Correction of Contractor's Right to Terminate the Contract 2.3,2.4, 3.5.1,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6,9.8.2, 4.3.10, 14.1 9.9.3,9.10.4, 12.2.1, 13.7.1.3 Contractor's Submittals Defective Work,Definition of 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6, 9.2,9.3, 3.5.1 9.8.2,9.8.3,9.9.1,9.10.2,9.10.3, 11.1.3, 11.5.2 Definitions Contractor's Superintendent 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 3.9,10.2.6 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1, 9.1,9.8.1 Contractor's Supervision and Construction Delays and Extensions of Time Procedures 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, 1.2.2,3.3, 3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 6.2.4,7.1.3,7.3.4,7.3.6,8.2, 10, 12,14 Disputes Contractual Liability Insurance 4.1.4,4.3,4.4,4.5,4.6,6.3,7.3.8 11.1.1.8, 11.2, 11.3 Documents and Samples at the Site Coordination and Correlation 3.11 1.2,'1.5.2, 3.3.1,3.10,3.12.6,6.1.3,6.2.1 Drawings,Definition of Copies Furnished of Drawings and Specifications 1.1.5 1.6,2.2.5,3.11 Drawings and Specifications,Use and Ownership of Copyrights 1.1.1, 1.3,2.2.5,3.11,5.3 16, 3.17 Effective Date of Insurance Correction of Work 8.2.2, 11.1.2 2.3 2.4,3.7.4,4.2.1,9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2, Emergencies 12.2, 13.7.1.3 4.3.5,10.6, 14.1.1.2 Correlation and Intent of the Contract Documents Employees,Contractor's 1.2 3.3.2,3.4.3,3.8.1, 3.9, 3.18.2,4.2.3,4.2.6, 10.2, 10.3, Cost,Definition of 11.1.1, 11.4.7, 14.1, 14.2.1.1 7.3.6 Equipment,Labor,Materials and Costs 1.1.3, 1.1.6,3.4,3.5.1, 3.8.2,3.8.3,3.12, 3.13,3.15.1, 2.4,3.2.3, 3.7.4,3.8.2,3.15.2,4.3,5.4.2,6.1.1,6.2.3, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, 7.3.3.3,7.3.6,7.3.7,7.3.8,9.10.2, 10.3.2, 10.5, 11.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 11.4, 12.1, 12.2.1, 12.2.4, 13.5, 14 Execution and Progress of the Work Cutting and Patching AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) 1.1.3, 1.2.1, 1.2.2,2.2.3,2.2.5,3.1,3.3,3.4,3.5,3.7, Insurance,Project Management Protective 3.10,3.12, 3.14,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3,7.3.4, Liability 8.2,9.5,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 11.3 Extensions of Time Insurance,Property 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3,7.4.1, 10.2.5, 11.4 9.5.1,93.1, 10.3.2, 10.6.1, 14.3.2 Insurance,Stored Materials Failure of Payment 9.3.2, 11.4.1.4 4.3.6,`9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 INSURANCE AND BONDS Faulty Work 11 (See Defective or Nonconforming Work) Insurance Companies,Consent to Partial Occupancy Final Completion and Final Payment 9.9.1, 11.4.1.5 4.2.1,4.2.9,4.3.2,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, Insurance Companies,Settlement with 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 11.4.10 Financial Arrangements,Owner's Intent of the Contract Documents 2.2.1, 13.2.2, 14.1.1.5 1.2.1,4.2.7,4.2.12,4.2.13,7.4 Fire and Extended Coverage Insurance Interest 11.4 13.6 GENERAL PROVISIONS Interpretation 1 1.2.3, 1.4,4.1.1,4.3.1,5.1,6.1.2, 8.1.4 Governing Law Interpretations,Written 13.1 4.2.11,4.2.12,4.3.6 Guarantees(See Warranty) Joinder and Consolidation of Claims Required Hazardous Materials 4.6.4 10.2.4,10.3, 10.5 Judgment on Final Award Identification of Contract Documents 4.6.6 1.5.1 Labor and Materials,Equipment Identification of Subcontractors and Suppliers 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, 5.2.1 42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, Indemnification 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 3.17,3.18,9.10.2, 10.3.3,10.5, 11.4.1.2, 11.4.7 Labor Disputes Information and Services Required of the Owner 8.3.1 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, Laws and Regulations 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, Injury or Damage to Person or Property 13.5.2, 13.6, 14 4.3.8,10.2,10.6 Liens Inspections 2.1.2,4.4.8,8.2.2,9.3.3,9.10 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2;9,9.4.2,9.8.2, Limitation on Consolidation or Joinder 9.8,3,9.9.2,9.10.1, 12.2.1, 13.5 4.6.4 Instructions to Bidders Limitations,Statutes of 1.1.1 4.6.3, 12.2.6, 13.7 Instructions to the Contractor Limitations of Liability 3.2.3,;3.3.1,3.8.1,4.2.8,5.2.1,7, 12,8.2.2, 13.5.2 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.10, 3.17,3.18, Insurance 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4, 9.6.7,9.10.4, 3.18.1,6.1.1,7.3.6,8.2.1,9.3.2,9.8.4,9.9.1,9.10.2, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 9.10.5, 11 Limitations of Time Insurance,Boiler and Machinery 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 11.4.2 4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.4,7.3,7.4, Insurance,Contractor's Liability 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, 11.1 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, Insurance,Effective Date of 13.7, 14 8.2.2,11.1.2 Loss of Use Insurance Insurance,Loss of Use 11.4.3 11.4.3 Material Suppliers Insurance,Owner's Liability 1.6,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 11.2 Materials,Hazardous 10.2.4, 10.3, 10.5 AIA Document A201 Tm—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. s Unauthorized reproduction or distribution of this 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) 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, 11.2,3.7.3,3.11,4.1.2,4.2.1,5.2.3,7, 8.3.1, Award Separate Contracts 9.7, 10.3.2, 11.4.1 6.1 Mutual Responsibility Owner's Right to Stop the Work 6.2 2.3 Nonconforming Work,Acceptance of Owner's Right to Suspend the Work 9.6.6,9.9.3,12.3 14.3 Nonconforming Work,Rejection and Correction of Owner's Right to Terminate the Contract 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,,9.8.2,9.9.3,9.10.4, 14.2 12.2.1, 13.7.1.3 Ownership and Use of Drawings,Specifications Notice and Other Instruments of Service 2.2.1,2.3,2.4,3.2.3,3.3.1,3.7.2,3.7.4,3.12.9,4.3, 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, 11.1.3, 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, 13.5.2 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, Notice to Proceed 9.10.1,9.10.3,9.10.5, 11.1.3, 14.2.4, 14.4.3 8.2.2 Payment,Certificates for Notices,Permits,Fees and 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 2.2.2,3.7,3.13,7.3.6.4,10.2.2 9.10.3, 13.7, 14.1.1.3, 14.2.4 Observations,Contractor's Payment,Failure of 1.5.2,3.2,3.7.3,4.3.4 4.3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Occupancy Payment,Final 2.2.2,9.6.6,9.8, 11.4.1.5 4.2.1,4.2.9,4.3.2,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, Orders,Written 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 1.1.1,2.3,3.9,4.3.6,7,8.2.2, 11.4.9, 12.1, 12.2, Payment Bond,Performance Bond and 13.5.2, 14.3.1 7.3.6.4,9.6.7,9.10.3, 11.4.9,11.5 OWNER Payments,Progress 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 A201 Tm—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) Performance Bond and Payment Bond Review of Contractor's Submittals by Owner and 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 Architect Permits,Fees and Notices 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 2.2.2,3.7,3.13,7.3.6.4, 10.2.2 Review of Shop Drawings,Product Data and PERSONS AND PROPERTY,PROTECTION Samples by Contractor OF , 3.12 10 Rights and Remedies 1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6,4.3.4,4.5,4.6,5.3, Polychlorinated Biphenyl 5.4,6.1,6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 10.3.1 12.2.2, 12.2.4,13.4, 14 Product Data,Definition of Royalties,Patents and Copyrights 3.12.2 3.17 Product Data and Samples,Shop Drawings Rules and Notices for Arbitration 3.11,3.12,4.2.7 4.6.2 Progress and Completion Safety of Persons and Property 4.2.2,4.3.3,8.2,9.8,9.9.1;;14.1.4 10.2,10.6 Progress Payments Safety Precautions and Programs 4.3.3,9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3 3.3.1,4.2.2,4.2.7,5.3.1,10.1, 10.2, 10.6 Project,Definition of the Samples,Definition of 1.1.4 3.12.3 Project Management Protective Liability Samples,Shop Drawings,Product Data and Insurance 3.11,3.12,4.2.7 11.3 Samples at the Site,Documents and Project Manual,Definition of the 3.11 1.1.7 Schedule of Values Project Manuals 9.2,9.3.1 2.2.5 Schedules, Project Representatives 1.4.1.2,3.10,3.Construction12.1, 3.12.2,4.3.7.2, 4.2.,10 6.1.3 Property,Insurance Separate Contracts and Contractors 10.2,5,11.4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1, PROTECTION OF PERSONS AND PROPERTY 11.4.7, 12.1.2, 12.2.5 10 Shop Drawings,Definition of Regulations and Laws 3.12.1 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, Shop Drawings,Product Data and Samples 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 3.11,3.12,4.2.7 13.5.2, 13.6, 14 Site,Use of Rejection of Work 3.13,6.1.1,6.2.1 3.5.1,4.2.6, 12.2.1 Site Inspections Releases and Waivers of Liens 1.2.2,3.2.1,3.3.3,3.7.1,4.2,4.3.4,9.4.2,9.10.1, 13.5 9.10.2 Site Visits,Architect's Representations 4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1, Special Inspections and Testing 9.8.2,9.10.1 4.2.6, 12.2.1, 13.5 Representatives Specifications,Definition of the 2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.10,5.1.1,5.1.2, 1.1.6 13.2.1 Specifications,The Resolution of Claims and Disputes 1.1.1, 1.1.6, 1.1.7, 1.2.2, 1.6,3.11,3.12.10,3.17 4.4,4.5,4.6 Statute of Limitations Responsibility for Those Performing the Work 4.6.3, 12.2.6, 13.7 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, Stopping the Work 10 2.3,4.3.6,9.7, 10.3, 14.1 Retainage Stored Materials 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 6.2.1,9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Review of Contract Documents and Field Subcontractor,Definition of Conditions by Contractor 5.1.1 1.5.2,3.2,3.7.3,3.12.7,6.1.3 SUBCONTRACTORS AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) *ftol� *Mole 5 TERMINATION OR SUSPENSION OF THE Subcontractors,Work by CONTRACT 1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2, 14 9.6.7 Tests and Inspections Subcontractual Relations 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 5.3,5.4,9.3.1.2,9.6,9.10 10.2.1,11.4.7,11.4.8,14.1, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5 14.2.1,14.3.2 TIME Submittals 8 1.6,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2, Time,Delays and Extensions of 9.3,9.8,9.9.1,9.10.2,9.10.3, 11.1.3 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, Subrogation,Waivers of 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 6.1,1, 11.4.5,11:4.7 Time Limits Substantial Completion 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11, 3.12.5,3.15.1, 4.2.9,8.1.1,8.1.3,8.2.3,'9.4.2,9.8,9.9.1, 9.10.3, 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4, 6.2.4,7.3,7.4, 9.10.4.2,12.2, 13.7 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, Substantial Completion,Definition of 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 9.8.1 13.7, 14 Substitution of Subcontractors ` Time Limits on Claims 5.2.3,5.2.4 4.3.2,4.3.4,4.3.8,4.4,4.5,4.6 Substitution of Architect Title to Work 4.1.3 9.3.2,9.3.3 Substitutions of Materials UNCOVERING AND CORRECTION OF 3.4.2,3.5.1,7.3.7 WORK Sub-subcontractor,Definition of 12 5.1.2 Uncovering of Work Subsurface Conditions 12.1 4.3.4 Unforeseen Conditions Successors and Assigns 4.3.4,8.3.1, 10.3 13.2 Unit Prices Superintendent 4.3.9,7.3.3.2 3.9,10.2.6 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 4.4.7,5.4.1,2,9.8.5,9.10.2,9.10.3, 14.2.2 9.2,9.3.1 Surety,Consent of Waiver of Claims by the Architect 9.10.2,9.10;3 13.4.2 Surveys Waiver of Claims by the Contractor 2.2.3 4.3.10,9.10.5, 11.4.7, 13.4.2 Suspension by the Owner for Convenience Waiver of Claims by the Owner 14.4 4.3.10,9.9.3,9.10.3,9.10.4, 11.4.3, 11.4.5, 11.4.7, Suspension of the Work 12.2.2.1, 13.4.2, 14.2.4 5.4.2, 14.3 Waiver of Consequential Damages Suspension or Termination of the Contract 4.3.10,14.2.4 4.3.6,5.4.1.1, 11.4.9, 14 Waiver of Liens Taxes 9.10.2,9.10.4 3.6,3.8.2.1,7.3.6.4 Waivers of Subrogation Termination by the Contractor 6.1.1, 11.4.5,11.4.7 4.3.10,14.1' Warranty Termination by the Owner for Cause 3.5,4.2.9,4.3.5.3,9.3.3,9.8.4,9.9.1,9.10.4,12.2.2, 4.3.10,5.4.1,1,14.2 13.7.1.3 Termination of the Architect Weather Delays 4.1.3 4.3.7.2 Termination of the Contractor Work,Definition of 14.2.2 1.1.3 Written Consent AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 2.3,2.4, 3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,4.6.5, 9,8,5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 5.2.1,8.2.2,9.7,9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, Written Interpretations 12.2.2, 12.2.4, 13.3, 14 4.2.11,4.2.12,4.3.6 Written Orders Written Notice 1.1.1,2.3,3.9,4.3.6,7,8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. 0 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) 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. §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. §12 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS §1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. §1,2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. §1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) §1.3 CAPITALIZATION §1.3.1 Terms capitalized in these General Conditions include those which are(1)specifically defined,(2)the titles of numbered articles or(3)the titles of other documents published by the American Institute of Architects. §1.4 INTERPRETATION §1,4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as"all" and"any" and articles such as"the" and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. §1.5 EXECUTION OF CONTRACT DOCUMENTS §1.5.1 The Contract Documents shall be signed by the Owner and Contractor.If either the Owner or Contractor or both do not sign all the Contract Documents,the Architect shall identify such unsigned Documents upon request. §1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §1.6 OWNERSHIP AND USE OF DRAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE §1.6.1 The Drawings,Specifications and other documents,including those in electronic form,prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described.The Contractor may retain one record set.Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings,Specifications and other documents prepared by the Architect or the Architect's consultants,and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights,in addition to the copyrights.All copies of Instruments of Service,except the Contractor's record set,shall be returned or suitably accounted for to the Architect,on request,upon completion of the Work.The Drawings,,Specifications and other documents prepared by the Architect and the Architect's consultants,and copies thereof furnished to the Contractor,are for use solely with respect to this Project.They are not to be used by the Contractor or any Subcontractor,Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,Architect and the Architect's consultants.The Contractor,Subcontractors,Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents.All copies made under this authorization shall bear the statutory copyright notice,if any,shown on the Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants'copyrights or other reserved rights. ARTICLE 2 OWNER §2.1 GENERAL §2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1,the Architect does not have such authority.The term"Owner"means the Owner or the Owner's authorized representative. §2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request,information necessary and relevant for the Contractor to evaluate,give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. §2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER §2.2.1 The Owner shall,at the written request of the Contractor,prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract.Furnishing of such evidence shall be a condition precedent to commencement or AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be 12 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) *a.r continuation of the Work.After such evidence has been furnished,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. §2.2.2 Except for pen-nits and fees,including those required under Section 3.7.1,which are the responsibility of the Contractor under the Contract Documents,the Owner shall secure and pay for necessary approvals,easements, assessments and charges required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities. §2.2.3 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. §2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness.Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. §2.2.5 Unless otherwise provided in the Contract Documents,the Contractor will be furnished,free of charge,such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. §2.3 OWNER'S RIGHT TO STOP THE WORK §2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. §`2.4 OWNER'S RIGHT TO CARRY OUT THE WORK §2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period.If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may,without prejudice to other remedies the Owner may have,correct such deficiencies.In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies,including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect.If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR §3.1 GENERAL §3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The term"Contractor" means the Contractor or the Contractor's authorized representative. §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 ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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. 1 S 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/912007,and is not for resale. User Notes: (1571657798) ,%NW 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 §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 ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) §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. §38 ALLOWANCES §'3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. §3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's;costs for unloading and handling at the site,labor,installation costs,overhead,profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; .3 whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. §3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. §3.9 SUPERINTENDENT §3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor.Important AIA Document A201 TM'—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be 15 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/0112006 under Order No.1000232520_1 which expires on 519/2007,and is not for resale. User Notes: (1571657798) lose 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 Architect without action. §3.12.5 The Contractor shall review for compliance with the Contract Documents,approve and submit to the Architect Shop Drawings,Product Data,Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors.Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. §3.12.8 By approving and submitting Shop Drawings,Product Data,Samples and similar submittals,the Contractor represents that the Contractor has determined and verified materials,field measurements and field construction criteria related thereto,or will do so,and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. §3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data,Samples or similar submittals until the respective submittal has been approved by the Architect. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:eThis AIA®Document is protected by U.S.Copyright Law and International Treaties. s 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 15:54:29 on 06/0112006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) N o✓ §3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data,Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the Work,or(2)a Change Order or Construction Change Directive has been issued authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples or similar submittals by the Architect's approval thereof. §3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, Samples or similar submittals,to revisions other than those requested by the Architect on previous submittals.In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. §3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means,methods,techniques,sequences and procedures.The Contractor shall not be required to provide professional services in violation of applicable law.If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will specify all performance and design criteria that such services must satisfy.The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings,calculations, specifications,certifications,Shop Drawings and other submittals prepared by such professional.Shop Drawings and other submittals related to the Work designed or certified by such professional,if prepared by others,shall bear such professional's written approval when submitted to the Architect.The Owner and the Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifications or approvals performed by such design professionals,provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Architect will review,approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. §3.13 USE OF SITE §3.13.1 The Contractor shall confine operations at the site to areas permitted by law,ordinances,permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. §3.14 CUTTING AND PATCHING §3.14.1 The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make its parts fit together properly. §3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting,patching or otherwise altering such construction,or by excavation.The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor;such consent shall not be unreasonably withheld.The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. §3.15 CLEANING UP §3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove from and about the Project waste materials,rubbish,the Contractor's tools,construction equipment,machinery and surplus materials. §3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the cost thereof shall be charged to the Contractor. AIA Document A201 TM—1997.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 17 Unauthorized reproduction or distribution of this AIA! Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) •` of NVA+► §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 or resulting from performance of the Work,provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity which would otherwise exist as to`a party or person described in this Section 3.18. §3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT §4.1 ARCHITECT §4.1,1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The term"Architect"means the Architect or the Architect's authorized representative. §4.1.2 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Owner,Contractor and Architect. Consent shall not be unreasonably withheld. §4.1.3 If the employment of the Architect is terminated,the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. §4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT §4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents,and will be an Owner's representative(1)during construction,(2)until final payment is due and(3)with the Owner's concurrence,from time to time during the one-year period for correction of Work described in Section 12.2.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. §4.2.2 The Architect,as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations(1)to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed,(2)to endeavor to guard the Owner against defects and AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:®is 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) 1%W01 14ge 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 and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner,Contractor or separate contractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5 and 3.12.The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. §4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may authorize minor changes in the Work as provided in Section 7.4. §4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion,will receive and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor,and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. §4.2.10 If the Owner and Architect agree,the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site.The duties,responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) w...' rr` §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 different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing,stating the reasons.Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision.If the conditions encountered`are materially different,the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination,subject to further proceedings pursuant to Section 4.4. §4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.6. §4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to(1)a written interpretation from the Architect, (2)an order by the Owner to stop the Work where the Contractor was not at fault, (3)a written order for a minor change in the Work issued by the Architect,(4)failure of payment by the Owner,(5) termination of the Contract by the Owner, (6)Owner's suspension or(7)other reasonable grounds,Claim shall be filed in accordance with this Section 4.3. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) ` §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. §4.3.1 Q Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes: .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 14.Nothing contained in this Section 4.3.10 shall be deemed to preclude an award of liquidated direct damages,when applicable,in accordance with the requirements of the Contract Documents. §4.4 RESOLUTION OF CLAIMS AND DISPUTES §4.4.1 Decision of Architect. Claims,including those alleging an error or omission by the Architect but excluding those arising under Sections 10.3 through 10.5,shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation,arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due,unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect.The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. §4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1)request additional supporting data from the claimant or a response with supporting data from the other party,(2)reject the Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise,or(5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that,in the Architect's sole discretion,it would be inappropriate for the Architect to resolve the Claim. §4.4.3 In evaluating Claims,the Architect may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision.The Architect may request the Owner to authorize retention of such persons at the Owner's expense. §4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond,within ten days after receipt of such request,and shall either provide a response on the requested supporting data,advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Architect will either reject or approve the Claim in whole or in part. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document is protected by U.S.Copyright Law and International Treaties. 21 Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) `fir 'r✓` §4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both.The approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration. §4.4.6 When a written decision of the Architect states that(1)the decision is final but subject to mediation and arbitration and(2)a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision,then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor.If the Architect renders a decision after arbitration proceedings have been initiated,such decision may be entered as evidence,but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. §4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter,the Architect or the Owner may,but is not obligated to,notify the surety,if any,of the nature and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Architect or the Owner may,but is not obligated to,notify the surety and request the surety's;assistance in resolving the controversy. §4.4.8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by the Architect,by mediation or by arbitration. §4.5 MEDIATION §4.5.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Sections 4.3.10,9.10.4 and 9.10.5 shall,after initial decision by the Architect or 30 days after submission of the Claim to the Architect,be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. §4.5.2 The parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise,shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect.Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association.The request may be made concurrently with the filing of a demand for arbitration but,in such event,mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. §4.5.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. §4.6 ARBITRATION §4.6.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Sections 4.3.10,9.10.4 and 9.10.5,shall,after decision by the Architect or 30 days after submission of the Claim to the Architect,be subject to arbitration.Prior to arbitration,the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Section 4.5. §4.6.2 Claims not resolved by mediation shall be decided by arbitration which,unless the parties mutually agree otherwise,shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect.The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association,and a copy shall be filed with the Architect. §4.6.3 A demand for arbitration shall be made within the time limits specified in Sections 4.4.6 and 4.6.1 as applicable,and in other cases within a reasonable time after the Claim has arisen,and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Section 13.7. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 22 Unauthorized reproduction or distribution of this 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) `MW VMW §4.6.4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner,the Architect,the Architect's employees or consultants,except by written consent containing specific reference to the Agreement and signed by the Architect,Owner,Contractor and any other person or entity sought to be joined.No arbitration shall include,by consolidation or joinder or in any other manner,parties other than the Owner,Contractor,a separate contractor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration.No person or entity other than the Owner,Contractor or a separate contractor as described in Article 6 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not named or described therein.The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof." §4.6.5 Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. §4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS §5.1 DEFINITIONS §5.1.1 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 reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. §5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the Contractor shall propose another to whom the Owner or Architect has no reasonable objection.If the proposed but rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. §5.2.4 The Contractor shall not change a Subcontractor,person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 23 Unauthorized reproduction or distribution of this AIA® Document or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/0112006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) *ftlpe *M01 §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. §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 on the site,the term"Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. §6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor,who shall cooperate with them.The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so.The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules shall then constitute the schedules to be used by the Contractor,separate contractors and the Owner until subsequently revised. §6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces,the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract,including,without excluding others,those stated in Article 3,this Article 6 and Articles 10, 11 and 12. §6.2 MUTUAL RESPONSIBILITY §6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 24 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_t which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) "ir✓ vim/ §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. §63 OWNER'S RIGHT TO CLEAN UP §6.3.1 If a dispute arises among the Contractor,separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK §'7.1 GENERAL §7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. §7.1.2 A Change Order shall be based upon agreement among the Owner,Contractor and Architect;a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. §7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents,and the Contractor shall proceed promptly,unless otherwise provided in the Change Order,Construction Change Directive or order for a minor change in the Work. §7.2 CHANGE ORDERS §7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor and Architect,stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment,if any,in the Contract Sum;and .3 the extent of the adjustment,if any,in the Contract Time. §7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. §7.3 CONSTRUCTION CHANGE DIRECTIVES §7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect,directing a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or Contract Time,or 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 rm—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 25 Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) vrrr §7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; 2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 as provided in Section 7.3.6. §7.3.4 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method,if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. §7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith,including adjustment in Contract Sum and Contract Time or the method for determining them.Such agreement shall be effective immediately and shall be recorded as a Change Order. §7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,a reasonable allowance for overhead and profit.In such case,and also under Section 7.3.3.3,the Contractor shall keep and present,in such form as the Architect may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.6 shall be limited to the following: .1 costs of labor,including social security,old age and unemployment insurance,fringe benefits required by agreement or custom,and workers' compensation insurance; .2 costs of materials,supplies and equipment,including cost of transportation, whether incorporated or consumed; 3 rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance,permit fees,and sales,use or similar taxes related to the Work;and .5 additional costs of supervision and field office personnel directly attributable to the change. §7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect.When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. §7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner,amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties'agreement with part or all of such costs.For any portion of such cost that remains in dispute,the Architect will make an interim determination for purposes of monthly certification for payment for those costs.That determination of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the right of either party to disagree and assert a claim in accordance with Article 4. §7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. §7.4 MINOR CHANGES IN THE WORK §7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor.The Contractor shall carry out such written orders promptly. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA! Document is protected by U.S.Copyright Law and International Treaties. 26 Unauthorized reproduction or distribution of this 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) VAW" 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 §9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. §9.2 SCHEDULE OF VALUES §9.2.1 Before the first Application for Payment,the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work,prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §9.3 APPLICATIONS FOR PAYMENT §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 27 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06101/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) 101111111e, *41110� 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. §94 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, 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. §95 DECISIONS TO WITHHOLD CERTIFICATION §9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made.If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the Contractor and Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised amount,the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 3.3.2,because of: .1 defective Work not remedied; AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. 2$ Unauthorized reproduction or distribution of this AIA!Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. §9.5.2 When the above reasons for withholding certification are removed,certification will be made for amounts previously withheld. §9.6 PROGRESS PAYMENTS §9.6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so notify the Architect. §9.6.2 The Contractor shall promptly pay each Subcontractor,upon receipt of payment from the Owner,out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work,the amount to which said Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. §9.6.3 The Architect will,on request,furnish to a Subcontractor,if practicable,information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. §9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. §9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections 9.6.2,9.6.3 and 9.6.4. §9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. §9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both,under contract with the Contractor for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor,shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. §9.7 FAILURE OF PAYMENT §9.7.1 If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitration,then the Contractor may,upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay and start-up,plus interest as provided for in the Contract Documents. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be 29 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) §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 Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate.Upon such acceptance and consent of surety,if any,the Owner shall make payment of retainage applying to such Work or designated portion thereof.Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. §99 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 A201 rm—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties. $0 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) *■r° ` oe the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. §9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days'prior written notice has been given to the Owner,(3)a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents,(4)consent of surety,if any,to final payment and(5),if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts,releases and waivers of liens,claims,security interests or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien.If such lien remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien,including all costs and reasonable attorneys' fees. §9.10.3 If,after Substantial Completion of the Work,final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall,upon application by the Contractor and certification by the Architect,and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed and accepted.If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. §9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens,Claims,security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents;or .3 terms of special warranties required by the Contract Documents. §9.10.5 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY §10.1 SAFETY PRECAUTIONS AND PROGRAMS §10.1.1 The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. §10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site,under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontractors;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements, roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction. §10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. AIA Document A201110—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document Is protected by U.S.Copyright Law and International Treaties. $1 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) 1 rrr §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. §102-7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. §103 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 amount of the Contractor's'reasonable additional costs of shut-down,delay and start-up, which adjustments shall be accomplished as provided in Article 7. §10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself)and provided that such damage,loss or expense is not due to the sole negligence of a party seeking indemnity. §10.4 The Owner shall not be responsible under Section 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. AIA Document A201Tm—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. $2 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 15:54:29 on 06101/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) §10.5 If,without negligence on the part of the Contractor,the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. §10.6 EMERGENCIES §10.6.1 In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage,injury or loss.Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Section 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS §11.1 CONTRACTOR'S LIABILITY INSURANCE §11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: .1 claims under workers'compensation,disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury,occupational sickness or disease,or death of the Contractor's employees; .3 claims for damages because of bodily injury,sickness or disease,or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage; .5 ` claims for damages,other than to the Work itself,because of injury to or destruction of tangible property,including loss of use resulting therefrom; .6 claims for damages because of bodily injury,death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations;and .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. §11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law,whichever coverage is greater. Coverages,whether written on an occurrence or claims-made basis,shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. §11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work.These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days'prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available,an additional certificate evidencing continuation of such coverage shall be submitted with the 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 A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 33 Unauthorized reproduction or distribution of this 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) §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. (Paragraphs deleted) §11:3.3 The City of Renton is named as an Additional Insured on the contractor's policy,with that policy being primary and non-contributory with any other insurance the City may have. §11.4 PROPERTY INSURANCE §11.4.1 Unless otherwise provided,the Owner shall purchase and maintain,in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,property insurance written on a builder's risk"all-risk"or equivalent policy form in the amount of the initial Contract Sum,plus value of subsequent Contract modifications and cost of materials supplied or installed by others,comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles.Such property insurance shall be maintained,unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance,until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.4 to be covered, whichever is later.:This insurance shall include interests of the Owner,the Contractor,Subcontractors and Sub- subcontractors in the Project. §11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include,without limitation, insurance against the perils of fire(with extended coverage)and physical loss or damage including,without duplication of coverage,theft,vandalism,malicious mischief,collapse,earthquake,flood,windstorm, falsework, testing and startup,temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements,and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. §1`1.4.1.2 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. §IIA1.4 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. §11A.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 ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) err+" §11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy,the Owner shall,if possible,include such insurance,and the cost thereof shall be charged to the Contractor by appropriate Change Order. §11.4.5 If during the Project construction period the Owner insures properties,real or personal or both,at or adjacent to the site by property insurance under policies separate from those insuring the Project,or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,the Owner shall waive all rights in accordance with the terms of Section 11.4.7 for damages caused by fire or other causes of loss covered by this separate property insurance.All separate policies shall provide this waiver of subrogation by endorsement or otherwise. §11.4.6 Before an exposure to loss may occur,the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.4.Each policy shall contain all generally applicable conditions,definitions,exclusions and endorsements related to this Project.Each policy shall contain a provision that the policy will not be canceled or allowed to expire,and that its limits will not be reduced,until at least 30 days' prior written notice has been given to the Contractor. §11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against(1)each other and any of their subcontractors,sub-subcontractors,agents and employees,each of the other,and(2)the Architect,Architect's consultants,separate contractors described in Article 6,if any,and any of their subcontractors,sub-subcontractors, agents and employees,for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.4 or other property insurance applicable to the Work,except such rights as they have to proceeds of such insurance held by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall require of the Architect,Architect's consultants,separate contractors described in Article 6,if any,and the subcontractors,sub-subcontractors,agents and employees of any of them,by appropriate agreements, written where legally required for validity,similar waivers each in favor of other parties enumerated herein.The policies shall provide such waivers of subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged. §11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause and of Section 11.4.10.The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor,and by appropriate agreements,written where legally required for validity,shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. §11.4.9 If required in writing by a party in interest,the Owner as fiduciary shall,upon occurrence of an insured loss, give bond for proper performance of the Owner's duties.The cost of required bonds shall be charged against proceeds received as fiduciary.The Owner shall deposit in a separate account proceeds so received,which the Owner shall distribute in accordance with such agreement as the parties in interest may reach,or in accordance with an arbitration award in which case the procedure shall be as provided in Section 4.6.If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience,replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. §11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power;if such objection is made,the dispute shall be resolved as provided in Sections 4.5 and 4.6.The Owner as fiduciary shall,in the ease of arbitration,make settlement with insurers in accordance with directions of the arbitrators.If distribution of insurance proceeds by arbitration is required,the arbitrators will direct such distribution. §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 A201Tm—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 35 Unauthorized reproduction or distribution of this AIA*Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/0112006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1 571 65 7798) v.r §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. §13.1.2 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 Architect,the Owner may correct it in accordance with Section 2.4. §12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial'Completion by the period of time between Substantial Completion and the actual performance of the Work. §12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. §12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. §12.2,4 The Contractor shall bear the cost of correcting destroyed or damaged construction,whether completed or partially completed,of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. §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 A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) �.r 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. §13.53 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 ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 37 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) 1400p, N"We §13.5.3 If such procedures for testing,inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. §13.5.4 Required certificates of testing,inspection or approval shall,unless otherwise required by the Contract Documents,be secured by the Contractor and promptly delivered to the Architect. §13.5.5 If the Architect is to observe tests,inspections or approvals required by the Contract Documents,the Architect will do so promptly and,where practicable,at the normal place of testing. §13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. §13.6 INTEREST §13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or,in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. §13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD §13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment;and 3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Section 3.5,the date of any correction of the Work or failure to correct the Work by the Contractor under Section 12.2,or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner,whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT §14.1 TERMINATION BY THE CONTRACTOR §44.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor,Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government,such as a declaration of national emergency which requires all Work to be stopped; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or .4 the Owner has failed to furnish to the Contractor promptly,upon the Contractor's request,reasonable evidence as required by Section 2.2.1. §14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,repeated suspensions,delays or interruptions of the entire Work AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright taw and International Treaties. 38 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/0112006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) err 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. §1,4.1.4 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 waived,such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case may be,shall be certified by the Architect,upon application,and this obligation for payment shall survive termination of the Contract. §14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE §14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. §14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay or interruption as described in Section 14.3.1.Adjustment of the Contract Sum shall include profit.No adjustment shall be made to the extent: .1 that performance is,was or would have been so suspended,delayed or interrupted by another cause for which the Contractor is responsible;or .2 that an equitable adjustment is made or denied under another provision of the Contract, AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:aT his AIA!Document is protected by U.S.Copyright law and International Treaties. 39 Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) §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. §14,42 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. AIA Document A201"A—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties. 40 Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) Vftw Additions and Deletions Report for AIA Document A201rm— 1997 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:54:29 on 06/01/2006. PAGE Airport Entrance Rehabilitation Project City of Renton Municipal Airport 616 W.Perimeter Road Unit A Renton,WA 98055 City of Renton City of Renton Municipal Airport,Unit A 616 W.Perimeter Road Renton,WA 98055 MacLeod Reckord 231 Summit Avenue East Seattle,WA 98102 PAGE 34 §11.3.3 The QA,nef shall not require the Gen4aetar-to inelude the Owner-,A+ehiteet OF ethef pefsens of:entities as 11.3.3 The City of Renton is named as an Additional Insured on the contractor's policy,with that policy being primary and non-contributory with any other insurance the City may have. PAGE 40 Additions and Deletions Report for AIA Document A201^"—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA* Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) *%W Certification of Document's Authenticity A1AO Document D401 TM — 2003 I,Ryan Zulauf,Airport Manager,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:54:29 on 06/01/2006 under Order No. 1000232520_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A201TM—1997- General Conditions of the Contract for Construction,as published by the AIA in its software,other than those additions deletions shown in the associated Additions and Deletions Report. (SiS d) (Title) (Dated) AIA Document D401 TM—2003.Copyright®1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING.This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it, 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 15:54:29 on 06/01/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (1571657798) Naw, r..001 Bond No.. 104 746 682 'Original' RENTON MUNICIPAL AIRPORT SOUTH ENTRANCE BOND TO THE CITY OF RENTON FORM SECTION 00910 KNOW ALL MEN BY THESE PRESENTS; That we,the undersigned Construct Company LLC ave er asua t n as principal,and urety L�ompany of America corporation organized and existing under the laws of the State of Connecticut 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$ **571,200.00** 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 Seattle ,Washington, this 2nd day of June 2006. Nevertheless,the conditions of the above obligation are such that: WHEREAS,under and pursuant to Public Works Construction Contract CAG- 06-066`providing for constructlon of AIRPORT ENTRANCE REHABILITATION PROJECT Protect 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 contact,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 matedalmen, 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 tome and effect. Travelers Casualty and Surety Construct Company LLC Company of America Principal Surety By: r nz By: /—� a Signature Signature R.A. Fix, Attorney in Fact Title 'rifle END OF SECTION 00810 PAGE 1 Page 75 Section 00910 Bond to the Gity of Renton Form WARNW— THIS POWER OF ATTORNEY IS INVALID WITHOUT THE Pte^BORDER STPAUL '``►' POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 214858 Certificate No. 000213913 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Christine V. Felicetty, N. B. Fix,and R.A. Fix of the City of_ 4eattle State of Washington their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 6th day of March 2006 Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company, St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GASUA( SURETY FtREp4�M4 �� 'Pl 1NSVHq"ti Jp�tV ANOS �p SW()�, _��ttVI4- � �� r •� , � J� _ ,y 4s f O 'ry ..9 1}J,.............. a J,� � c,�P`. -Y/ � O L * 19ss 1{L'OF PORA)�Z '?U:' ryC�:� � G,➢ � y)4 �' �� WCOgrORATED Tr ?, �i cr, iWrtOaPORATE:.�: : F14RiF6R0.'4 < � e 1982 0 � y9]'f 1927 K � }a ___ .°: a HARrFORO, 1898 CISo:. 'o: a CCNN. n CCNN. N yyES a 1951 srO �..SEAL .SEAL,'a_ d••........:'a't_j v:''... .::lac ar State of Connecticut By: City of Hartford ss. G orge W —pson,Sen� r Vic President On this the 6th day of March 2006 before me personally appeared George W.Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0"o In Witness Whereof,I hereunto set my hand and official seal.My Commission expires the 30th day of June,2006. Marie C.Tetreault,Notary Public 58440-9-05 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNIF' THIS POWER OF ATTORNEY IS INVALID WITHOUT THE P_ '30RDER This Power of Attorney is granted under and by theeWority of the following resolutions adopted by the Boards*.rectors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company_of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 2nd day of June 20 06 Kori M.Johans Assistant Secretary �C�S��T` �e SUAfIy '�FLRE 4�7 ��µ..�NSG9 Jp��N"`•.r 9JP�Tr ANO' ��p wnR� ,y�Y'Uy0 �� din � � tl 4 � 9 r�pRPORA�� V:: 'LC4 � L9 l'a �(W- 1982G 0 11CdIlORATB) z �( e, �pRPORATf.;,t�� m� P. i z��; �1sn� 1s2� T �, - :� �: __ .�, a ��rFO�, < �t,a�� 's n 1951 m� �..SEAGionl " W Ca+N. ne N 1886 �y �,e� 4 SV f G a •......-• Dr1 Y.'•. •+D 6 pt '�qr OF1,1;WW �a�,��„"� IS.�A� 1r........*� b! 'N+ '�AMl To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER e-A 6-off-d 6 6 PROJECT MANUAL for AIRPORT ENTRANCE REHABILITATION PROJECT SOUTH ENTRANCE Renton, Washington Owner: CITY OF RENTON Planning/Building/Public Works Transportation Systems Division — Airport Renton Municipal Airport — Clayton Scott Field 616 West Perimeter Road Renton, WA 98055 Ryan Zulauf, Airport Manager 425-430-7471 425-420-7472 (Facsimile) Landscape Architect: MacLeod Reckord 231 Summit Avenue East Seattle, WA 98102 206-323-7919 206-323-9242 (Facsimile) S+A T E o F VilASFiiNGT014 REG15TiLRE0 4MMCAPE ARCHITWE Date: April 18, 2006 174-ft—q-tti:trc FICA E 943. 1% RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE TABLE OF CONTENTS TITLE NUMBER OF PAGES Tableof Contents............................................................................................................2 DIVISION 0— BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT 00020 Synopsis of Bidding Information........................................................................ 1 00030 Invitation to Bid................................................................................................. 1 00040 Call for Bids...................................................................................................... 1 00110 Bidder's Check List...........................................................................................1 00200 Instructions to Bidders......................................................................................4 00310 Bid Form...........................................................................................................5 00400 Non-Collusion Affidavit/Minimum Wage Form................................................. 1 00420 Statement of Bidder's Qualifications .................................................................2 00500 Bid Bond Form.................................................................................................. 1 00705 General Conditions.........................................................................................39 00800 Supplemental General Conditions ....................................................................3 00810 Modifications to General Conditions.................................................................. 1 00900 Special Conditions........................................................................... 11% J 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..............................................................................3 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 01370 Schedule of Values........................................................................................... 1 01400 Quality Control.................................................................................................. 1 01430 Inspections & Tests ..........................................................................................2 01500 Construction Facilities, Utilities, and Temporary Controls ...............................2 01560 Environmental Controls.....................................................................................5 01570 Traffic Regulation..............................................................................................2 01630 Product Substitutions........................................................................................4 01700 Project Close-Out .............................................................................................5 DIVISION 2—TECHNICAL SPECIFICATIONS 02200 Clearing, Demolition & Site Preparation............................................................5 02300 Earthwork .........................................................................................................8 02630 Storm Drainage ................................................................................................5 02740 Asphaltic Concrete Pavement and Crushed Granite Surfacing.........................5 02780 Unit Pavers.......................................................................................................8 / TABLE OF CONTENTS PAGE 1 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE TABLE OF CONTENTS 02820 Temporary Chain Link Fencing.........................................................................2 02870 Site Furnishings............................................................. ...............5 .................... 02900 Planting .......................................................................................................... 13 DIVISION 3—TECHNICAL SPECIFICATIONS 03200 Site Concrete Work......................................................................................... 11 DIVISION 4—TECHNICAL SPECIFICATIONS 04400 Stone Masonry .................................................................................................4 END OF TABLE OF CONTENTS TABLE OF CONTENTS PAGE 2 DIVISION 0 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE SYNOPSIS OF BIDDING INFORMATION SECTION 00020 1. PROJECT: Renton Municipal Airport, Clayton Scott Field South Entrance Improvements Perimeter Road and North Airport Way Renton, WA 98056 2. OWNER: City of Renton 1055 South Grady Way Renton,WA 98055 3. OWNERS REPRESENTATIVE: Ryan Zulauf, Airport Manager Transportation Systems Division -Airport Renton Municipal Airport 616 West Perimeter Road Renton, WA 98055 Phone(425) 430-7471 FAX (425)430-7472 4. BIDS DUE: Wednesday, May 3, 2006 by 2:30 p.m. Renton City Hall- Seventh Floor—City Clerk's Office 5. TENTATIVE SCHEDULE OF WORK: The following dates represent the tentative schedule for the Work to be performed under this contract: Plans Available for Bidding Tuesday, April 18, 2006 Pre-Bid Site Walk-Thru Monday, April 24, 2006 at 10:00 am at site. Bids Due by 2:30 p.m. Wednesday, May 3, 2006 Commence Construction Work As soon as possible 6. TIME OF CONSTRUCTION: High Priority Portion of Project: 60 days. Total Project: 105 days. Liquidated Damages: $500./day after 105 days. 7. BID SECURITY: N/A 8. PERFORMANCE BOND &PAYMENT BOND: 100%of contract amount 9. WAGES: Pay state promulgated prevailing wages rates. 10. TYPE OF CONTRACT: Single lump-sum contract encompassing all work. END OF SECTION 00020 - 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE INVITATION TO BID SECTION 00030 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION —AIRPORT AIRPORT ENTRANCE REHABILITATION PROJECT SOUTH ENTRANCE Sealed bids will be received until 2:30 p.m., Wednesday, May 3, 2006, at the City Clerk's office, 7t' floor, and will be opened and publicly read in the fifth floor conference room, #521, of Renton City Hall, 1055 South Grady Way, Renton, WA 98055, for the Airport Entrance Rehabilitation Project— South Entrance. Bids received after the specified date and time will not be considered. The work under this Contract includes: Temporary erosion and sedimentation control; sod stripping and demolition of fences, curbs and pavements; earthwork including structural fill; drainage; concrete stairs, walls and curbs; stone masonry; chain link fence and gate; paving including asphaltic concrete, poured in place concrete; concrete unit pavers; concrete grass grid; and crushed granite; irrigation, topsoil and planting; site furnishings including handrails, benches and trash receptacles, traffic signs; parking lot striping and plastic crosswalk striping. 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 $250,000.00 to $3,000,000.00, including tax. Bid documents will be available Tuesday, April 18, 2006. Plans, specifications, addenda, and plan holders list for this project are available on-line through Builders Exchange of Washington, Inc., at htto://www/bxwa.com. Click on "bxwa.com"; "Posted Projects"; "Public Works", "City of Renton", "Projects Bidding". (Note: Bidders are encouraged to "Register as a Bidder," in order to receive automatic email notification of future addenda and to be placed on the "Bidders List." Questions about the project shall be addressed to Ed MacLeod, MacLeod Reckord, 231 Summit Avenue East, Seattle, WA 98102, Phone: (206) 323-7919, Fax: (206) 323-9242. A pre-bid site walk-through will be held on Monday, April 24, 2006, at 10:00 am, at the site. Each bidder is fully responsible for familiarizing themselves with the work and the site conditions. 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. 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 00030 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE CALL FOR BIDS SECTION 00040 CITY OF RENTON Airport Entrance Rehabilitation Project CALL FOR BIDS Sealed bids will be received until 2:30 p.m. Wednesday, May 3, 2006 at the City Clerk's office, 71' floor and will be opened and publicly read in conference room 4521 on the fifth floor, Renton City Hall, 1055 South Grady Way, Renton WA 98055. The work to be performed within 105 calendar days from the date of commencement under this contract shall include, but not be limited to: Airport entrance rehabilitation including: temporary erosion and sedimentation control; sod stripping and demolition of fences, curbs and pavements; earthwork including structural fill; drainage; concrete stairs, walls and curbs; stone masonry; chain link fence and gate; paving including asphaltic concrete, poured in place concrete; concrete unit pavers; concrete grass grid; and crushed granite; irrigation, topsoil and planting; site furnishings including hand rails, benches and trash receptacles, traffic signs; parking lot paint striping and plastic cross walk striping. The City reserves the right to reject any and/or all bids and to waive any and/or all informalities. Bid documents will be available Tuesday, April 18, 2006. Plans, specifications, addenda, and plan holders list for this nr—:J,ect are available on-line through Bui ders Exchange of«w'asn ington, inc., at http://www/bxwa.com. Click on "bxwa.com'; "Posted Projects"; "Public Works", "City of Renton", "Projects Bidding". (Note: Bidders are encouraged to "Register as a Bidder," in order to receive automatic email notification of future addenda and to be placed on the "Bidders List." Questions about the project shall be addressed to Mr. Ed MacLeod, 231 Summit Avenue East, Seattle, Wa. 98102 (phone 206 323-7919, fax 206 323-9242) A pre-bid site walk-through will be held on Monday April 24, 2006, at the site. Each bidder is fully responsible for familiarizing themselves with the work and the site conditions. A certified check or bid bond in the amount of five percent (5%) of the total of each bid must accompany each bid. The City's Fair Practices,Non-Discrimination, and Americans with Disability Act Policies shall apply. Bonnie I. Walton, City Clerk Published: Daily Journal of Commerce April, 18, 2006 Daily Journal of Commerce April 25, 2006 END OF SECTION 00040 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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. END OF SECTION 00110-1 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE 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 five (105) calendar days will be allowed for the construction portion of this project. 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 two (2) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed and faxed no later than two (2) days prior to the date fixed for the opening of bids. Failure of any bidder to receive such addenda or interpretation shall not relieve any such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. 00200-1 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE INSTRUCTIONS TO BIDDERS SECTION 00200 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. 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. 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: "Airport Entrance Rehabilitation Project—South Entrance" 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 Seventh Floor, City Clerk's Office, Renton City Hall, 1055 South Grady Way. Bids will be received until 2:30 pm, Wednesday, May 3, 2006. D. No telegraphic or fax modifications will be allowed. 7. AWARD OF BID A. It is the intent of the Owner to award a Contract to the lowest responsible Bidder within the funds available for work included in the Base Bid and any or all Alternates selected by the Owner(if included), inclusive of Washington State sales tax, provided the Bid has been submitted in accordance with the requirements of the Bidding Documents. 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. 00200 -2 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE INSTRUCTIONS TO BIDDERS SECTION 00200 8. POST BID INFORMATION AND DOCUMENT SUBMITTAL A. The bidder winning the award of this project will be required to submit the following documents to the City, within ten(10) days of Notice of Contract Award: • Standard Form of Agreement —AIA Form A10L Sample document is provided for convience at the end of this Section. • 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. B. Should a bidder fail to enter into contract and furnish required documents within fourteen (14) days after his proposal has been accepted, his bid guarantee shall be retained by the Owner as liquidated damages, not as a penalty. 9. 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. 10. TIME OF CONSTRUCTION After the designated date of Start of Work, the Contractor shall proceed with promptness and diligence. The Contractor has one hundred five (105) calendar days to complete the construction work. All work shall be physically complete within one hundred fifty (105) days of Notice to Proceed, unless otherwise notified by Owner. See Section 01015 for description of an area of the project where work is to be expedited, with a goal of completion within 60 calendar days. 11. LIQUIDATED DAMAGES For each calendar day after date established by the above allowed time that any portion of the work remains incomplete (in the City's sole judgment), the sum of One Thousand Dollars ($1,000.00) (not to be construed in any sense a penalty) is the agreed liquidated damages incurred by the City for failure of the Contractor to meet the scheduled completion dates. 12. CHANGE ORDER A. When extra work is performed under an approved Change Order and paid for by acceptable lump sum or mutually agreed prices, the contractor will be limited to a markup of 10%overhead and profit. B. When extra work is performed as above by a subcontractor to the general contractor, the general contractor shall be limited to a 10% markup on the subcontractors work. No further markup shall be permitted to cover any other miscellaneous costs. 00200-3 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE INSTRUCTIONS TO BIDDERS SECTION 00200 13. 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. 14. 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. 15. 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. 16. EQUAL OPPORTUNITY EMPLOYER The City of Renton is an Equal Opportunity Employer. END OF SECTION 00200-4 DRAFTAIA" Document A101TH - 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year of (In words, indicate day, month and year) Thdd of this document BETWEEN the Owner: information (Name, address and other information) its completion. The author may also have re ised the text of the original AIA s andard form. An Addition5 and Deletions Re ort that no es added information as well as re 'sions t t e standard fo a the author and should be and the Contractor: This document has impor (Name, address and other information) legal consequence Consultatio h an _. _ attorn s eng9ur ged with mreference. Do om Lietion or n 2q1-Ge Ens Co - st is this umen by Do not us The Project is: with other general (Name and location) c(aplroved c= I m9di�f>t } 4 docume t 6t�s,p en an en errsed by Th( Assoc-1. ed eneral Contractors of America. 4 The Architect is: (Name, address and other information) The Owner and Contractor agree as follows. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A201- - 1997. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING- Thia AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AZA 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 draft was produced by AIA software at 15:13:36 on 04/11/2006 under Order No_1000232520 1 which expires on 5/9/2007, and is not for resale. User Notes: (525485891) 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 Contra resents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,repiese tations or agreements,either written or oral.An enumeration of the Contract Documents,other than P lodifications,appears in Article S. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except t th 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 c ent date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owl ier. (Insert the date of commencement if it differs from the date of this Agreement or, if applica Ple, iltate that i gate will be fixed in a notice to proceed.) If,prior to the commencement of the Work,the Owner requires time to file mortgages,me k&1k0&-=d-Q security interests,the Owner's time requirement shall be as follows: §3.2 The Contract Time shall be measured from the date of eopuneneementnotice to proceed. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than . s from they da of commencement,or as follows: (Insert number of calendar days.Alternatively,a calendar date may be used when coordinated wit date o commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Su ntial Completion of certain portions of the Work.) Portion of Work Substantial Co m letion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to complete on time or or onus en or early completion of the Work.) ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contract s e ance o tai Contract.The Contract Sum shall be RMJ !ill ($NM),subject to additions and deductions as provided in the Contrac D urnents. §4.2 The Contract Sum is based upon the following alternates,if any,which are described Contract Documents and are hereby accepted by the Owner: (State the numbers or other ident(cation of accepted alternates.If decisions on other alter pates are o e ma e y the Owner subsequent to the execution of this Agreement, attach a schedule of such other ax amount for each and the date when that amount expires) AIA Document A101° - 1997. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved, WARNING: This AW Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA% Document, or any portion of it, may result in severe civil and criminal 2 penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:13:36 on 04/11/2006 under Order No_1000232520 1 which expires on 5/9/2007, and is not for resale. User Notes: (525485891) OMENS= §4.3 Unit prices,if any,are as follows: Descri on Units Price $0.00 k n � ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor d ert ificates for Payment issued by the Architect,the Owner shall make progress payments on account oft C ntract 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 a gin on the la t dy of the month,or as follows: IIIIIiiii g:1:111g! §5.1.3 Fekiteet net later-thn by the Owner-not l �days f . : _ 4 ,• •_ The City of Renton operates on a two-week cycle according to the 2006 Accounts Payable Calendar,a copy of which Ir—, be provided to the Contractor. Applications for Payment must be received by the Owner a minim 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 Jb ' .d by the Contractor in accordance with the Contract Documents.The schedule of values shall alloc entire tract Sum among the various portions of the Work.The schedule of values shall be prepared in such fo supparte by such data to substantiate its accuracy as the Architect may require. This schedule,unless objected to by 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 oft 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 a ent Jha computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Wor as etermy multiplying the percentage completion of each portion of the Work by the s are of the c Sum allocated to that portion of the Work in the schedule of values,less retainag of ).Pending final determination of cost to the Owner of changes in the orlq-amoums-not-i 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 equipntetft d el Bred and suitably stored at the site for subsequent incorporation in the completed cons ctio r,if approve in advance by the Owner suitabl stored off the site at a location agreed upo in iting),less retainage of ( ); .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 e i ica a or aymen as provided in Section 9.5 of AIA Document A201-1997. AIA Document A101s— 1997. Copyright a 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal 3 penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:13:36 on 09/11/2006 under Order No.1000232520_1 which expires on 5/9/2007, and is not for resale. User Notes: (525985891) §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .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 ri tai age upon Substantial Completion of Work with consent of surely, if any.) .2 Add,if final completion of the Work is thereafter materially delayed througl no auto e Contractor,any additional amounts payable in accordance with Section 9.10 3 o IA-Docnn 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 re arnage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained els re 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 pa en to suppF rs or 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 respon ' ' qty to c et Work as provided in Section 12.2.2 of AIA Document A201-1997,and to s oth uirent , 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 Articl I E ,7 c A201-1997. §6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Docume t 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 Documents. 7.2 Pa unpaid § Payments due and under the Contract shall bear interest from the date payment s d at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place v her the Project is located. (Insert rate of interest agreed upon, if any.) AIA Document A101° - 1997. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.B. 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 4 penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:13:36 on 04/11/2006 under Order No.1000232520 1 which expires on 5/9/2007, and is not for resale. User Notes: - (525485891) (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.) §7.3 The Owner's representative is: (Name, address and other information) §7.4 The Contractor's representative is: (Name, address and other information) §7.5 Neither the O::'ner's nor the Contractor's representative shail 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 enum d as follows: §8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement BFe and Contractor,AIA Document A101-1997. §8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contr ns ti A Document A201-1997.he Su lementary and other Conditions of the Contract are those contained in the anual dat d and are as follows Document Title pa es §8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1. ,a are as follows: Either it the S eci ications here or refer to an exhibit attached to this Agreement) §8.1.5 The Drawings are as follows,and are dated M unless a different date is shown beler : Either list the Drawin s here or re er to an exhibit attached to this A Bement.) AIA Document A101° - 1997. Copyright ® 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal 5 penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:13:36 on 04/11/2006 under Order No.1000232520_1 which expires on 5/9/2007, and is not for resale. User Notes: (525485891) §8.1.6 The Addenda,if any,are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documer less 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 Documevs.AM ocument A2611-- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instru io a,&idder* mp forms and the Contractor's bid are not part of the Contract Documents unless enumerated n d is Agreement. They should be listed here only if intended to be part of the Contract Documents) MEN= This Agreement is entered into as of the day and year first written above and is executed in at li ast three rig al copies,of which one is to be delivered to the Contractor,one to the Architect for use in the administratio of e Contract,and the remainder to the Owner. OWNER(Signature) CONTRACTOR(Signature) (Printed name and title) (Printed name and title) ATTEST(Signature) (Printed name and title) d AIA Document A101°— 1997. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of i*_, may result in severe civil and criminal 6 penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:13:36 on 04/11/2006 under Order No.1000232520_1 which expires on 5/9/2007, and is not for resale. User Notes: (525485891) RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE BID FORM SECTION 00310 FORM OF PROPOSAL ( BID ) for the AIRPORT ENTRANCE REHABILITATION PROJECT—SOUTH ENTRANCE Renton Municipal Airport—Clayton Scott Field 616 West Perimeter Road Renton, WA 98055 Bids Due May 3, 2006 To: Renton City Hall City Clerk, Seventh Floor 1055 South Grady Way Renton, WA 98055 The undersigned hereby certifies that they have carefully examined the Contract Documents as defined in the General Conditions entitled "Airport Entrance Rehabilitation Project—South Entrance," 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 Document for consideration of the following amounts. A. LUMP SUM BID: 1. BASE BID: For all work shown in the Contract Documents excluding applicable taxes, the sum of: Amount in writing dollars ($ Amount in number 2. APPLICABLE TAXES: Applicable taxes for all work shown in A. 1. above, the sum of: Amount in writing dollars ($ Amount in number Page 1 of 5 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE BID FORM SECTION 00310 3. TOTAL BASE BID: For all work shown in the Contract Documents, including A. 1. and A. 2. above, the total sum, including taxes, of: Amount in writing dollars ($ ) Amount in number The undersigned understands that: a. The Total Base Bid includes overhead and profit. b. The Total Base Bid includes Washington State Sales tax. c. The Construction Work shall be completed within (150) calendar days from issuance by the City of Notice to Proceed. d. The Contractor has reviewed, understands, and will provide the insurance coverage as called for in the Contract Documents. 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 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 Page 2 of 5 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE BID FORM SECTION 00310 C. CONDITIONS OF PROPOSAL: 1. DETERMINATION OF THE LOW BIDDER: The owner reserves the right to 'Award a Contract' to the Contractor submitting the lowest bid within the funds available for work included in the Total Base Bid and in whatever manner is in the Owner's best interest. D. PERIOD OF BID VALIDITY/ACCEPTANCE OF BID 1. BID VALIDITY The undersigned hereby agrees that this BID as described in paragraph "A " shall be valid and firm offerings for the period of forty-five (45) days from closing time for the "Receipt Of Bids." 2. BID ACCEPTANCE Acceptance of Bid: Within forty-five (45) days after the opening of Form Of Proposal, the City will act either to accept the Proposal from the lowest responsive, responsible Bidder, or to reject all Bids. The City reserves the right to request extensions of such Bid acceptance period. The acceptance of a Bid will be evidenced by a written Notice of Intent to Award Contract to the Bidder whose Bid is under consideration for acceptance, together with a request to furnish a bond, evidence of insurance to execute the agreement set forth in the Contract Documents, and other designated documents. E. EXECUTION OF CONTRACT 1. If written "Notice of Intent to Award Contract" is mailed, telegraphed, facsimile, or delivered to the undersigned within the "period of Bid Validity" noted above, or any time thereafter before this Bid is withdrawn, the undersigned will, within ten (10) days after the date of such notification, execute a Contract in the form of the AIA Document A101 "STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR- STIPULATED SUM", 1997 edition. 2. /f the business is a Corporation, name of the corporation should be listed in full and both President and Secretary must sign the contract, OR if one signature is permitted by Corporation by-laws, a copy of the by-laws shall be furnished to the City and made a part of the contract document. if the business is a partnership, full name of each partner should be listed, followed by d/b/a (doing business as) and firm or trade name; any one partner may sign the contract. If business is an Individual Proprietorship, the name of the owner should appear, followed by d/b/a and the name of company. Page 3 of 5 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE BID FORM SECTION 00310 F. TIME FOR COMPLETION 1. The undersigned hereby agrees to "FINAL COMPLETION" of all Work outlined in the Contract Documents within one hundred five (105) calendar days after receipt of Notice to Proceed. 2. The Contractor further agrees to expedite the prosecution of the work in the area of the project defined by the parking lot on the west, the south entrance road on the east, the perimeter road on the north and Airport Way on the south. It is the Owner's goal to have the work in this area completed in 60 calendar days. G. LIQUIDATED DAMAGES 1. If the Contractor fails to complete the Work by the FINAL COMPLETION DATE (or such extension of that date which might be granted by the Owner), he agrees to abide by all provisions of the Contract including Section 01700— Project Administration and Closeout. In addition, Liquidated Damages in the amount of Five Hundred Dollars ($500.00) will be assessed for each calendar day that the Contractor exceeds the "FINAL COMPLETION DATE." 2. No Liquidated Damages will be assessed for exceeding the 60 calendar days provided for in F. 2. above. H. ADDENDUM RECEIPT 1. 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 ) Page 4 of 5 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE 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 Page 5 of 5 RENTON MUNICIPAL AIRPORT—SOUTH-ENTRANCE NON-COLLUSION AFFIDAVIT/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: AIRPORT ENTRANCE REHABILITATION PROJECT—SOUTH ENTRANCE Name of Bidders Firm Signature of Authorized Representative of Bidder Subscribed and sworn to before me on this day of 2006. Notary Public in and for the State of Washington Residing at: END OF SECTION 00400 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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............. ....................................... ...............I................ ................. ................... .I............................. .................................I..... ........I.....I.......I......... ................. ................... ............................. ....................................... ................................ ................. ................... ............. ....................................... ................................ ................. ................... 00420 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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: .............................................................................................................................................. .................................................................................................................................................. .................................................................................................................................................. ................................................................................................................................................ ..................................................................................................................................................... . ...................................................................................................................................................... Bank References: ........................... .......................................................................................................................................................... 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: ...................................................................................................... ........................ ........................................................................................................................................................... ........................................................................................................................................................... Disposition of case, if settled: .............................................................. ........................................................................................................................................................... Name of Superintendent to be used on the project and how long with your company...................... ........................................................................................................................................................... Bidder: (Printed Name of Bidder) By: ................................................................................................ (Signature of Authorized Official) Title: END OF SECTION 00420 PAGE 2 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE 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 00500 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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 00705 PAGE 1 -- Document A201Tm - 1997 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address): 1 blank documents THE OWNER. (Name and address):, ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion.The author may also THE ARG have revised the text of the (NaMe-cal a �: original AIA standard form.An dt�ress Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. fiABLE OPARTMES A vertical line in the left margin of this document indicates where 1 GENERAL.PROVISIO.NS 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 4. ADMINISTkATION"OF THE CONTRACT legal consequences. Consultation with an attorney $ SUBCONTRACTORS is encouraged with respect to its completion or modification_ 6 CONSTRUtr I0N BY OWNER OR BY SEPARATE CONTRACTORS This document has been approved and endorsed by The 7 CHANGES IN THE WQRK Associated General Contractors of America g; TIME 9 PAYMENU AFID'COIVIPLETION 10 PROTECTION OP PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVtRiN' G AND CORRECTION OF WORK 13 MISff=LtANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION 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. Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be 1 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) INDEX 3.1.3,4.2,4.3.4,4.4,9.4,9.5 (Numbers and Topics in Bold are Section Headings) Architect's Approvals 2.4,3.1.3,3.5.1,3.10.2,4.2.7 Acceptance of Nonconforming Work Architect's Authority to Reject Work 9.6.6,9.9.3, 12.3 3.5.1,4.2.6, 12.1.2, 12.2.1 Acceptance of Work Architect's Copyright 9.6.6,9.8.2,9.9.3, 9.10.1,9.10.3, 12.3 1.6 Access to Work Architect's Decisions 3.16,6.2.1,12:1 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, Accident Prevention 4.4.6,4.5,6.3,7.3.6,7.3.8, 8.1.3, 8.3.1,9.2,9.4, 4:2.3, 10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Acts and Omissions Architect's Inspections 3.2,3.3.2,3 12:8, 318,4.2.3,4.3.8,4.4.1,8.3.1, 4.2.2,4.2.9,4.3.4,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 9.5.1, 10.2.5, 13.4,2,.I;3:7, 14.1 Architect's Instructions Addenda 3.2.3,3.3.1,4.2.6,4.2.7,4.2.8,7.4.1, 12.1, 13.5.2 onal Architect's Interpretations AddiBorial'Costa, irts fv 4.2.11,4.2.12,4.3.6 3 fr�fs 1 1 1! 3 Architect's Project Representative Additional Inaptiotts attdTesting 4.2.10 Rs, 12'2'1' 13'5 Architect's Relationship with Contractor Ailditional;Time Claiiiis for 1.1.2, 1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1, 4,4.3.7,8 3.2 3.7.3,3.10,3.11,3.12,3.16,3.18,4.1.2,4.1.3,4.2, AIIMINISTRA'IiON OF;TIM CONTRACT 4.3.4,4.4.1,4.4.7,5.2,6.2.2,7, 8.3.1,9.2,9.3,9.4, 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, Advertisement ocInvitatioli toBid 13.4.2, 13.5 L L t Architect's Relationship with Subcontractors Aesthetic Effect 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.4.7 42.13,4.5.1 Architect's Representations Allowances 9.4.2,9.5.1,9.10.1 3.8 Architect's Site Visits itltl-risk Insurance 4.2.2,4.2.5,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 11.4.1.1 13.5 Applications for payment Asbestos 4.2.5,7.3.8,9 ,1.3;.9;4,9.5.1,9.6:3,9.7.1,9.8.5, 10.3.1 9-10,11-13, 14-2, $,14.4.3 Attorneys' Fees Approvals 3.18.1,9.10.2, 10.3.3 2 4,.3 L 3,15,3 10.2, 4J 7,9;32, 13.4.2, 13.5 Award of Separate Contracts Arbitration 6.1.1,6.1.2 .3 4 4,4.5.1,4.5.2,4.6,8.3.1,9.7.1, 11.4.9, Award of Subcontracts and Other Contracts for 11'4'1 Portions of the Work Architect 5.2 4'1 Basic Definitions Architect,Defiiuti4ln of 1.1 4.1.1 Bidding Requirements Architect,Extoi(ofAuthority 1.1.1, 1.1.7,5.2.1, 11.5.1 2.4,3.12.7,42,4 ,&;44,5.2,6.3,7.1.2, 7.3.6,7.4, Boiler and Machinery Insurance 9.2,9.3.1,9.4, 9.5,9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 11.4.2 13.5.1, 13.5.2,14.2.2, 14.2.4 Bonds,Lien At�h test,L Mittttions of Authority and 9.10.2 Responsibihty Bonds,Performance,and Payment 2 1.11 53.3;,3";1214,3.12.8,3.12.10,4.1.2,4.2.1, 7.3.6.4,9.6.7, 9.10.3, 11.4.9, 11.5 4. 4-4.23,4 ,G,4.2.7,4.2.10,4.2.12,4.2.13,4.4, Building Permit 5.2.1,7.4,9.4.2,9.6.4,9.6.6 3.7.1 Architect's Additional Services and Expenses Capitalization 2.4, 11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 1.3 Architect's Administration of the Contract Certificate of Substantial Completion AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,193 ,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 2 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000 117582_1 which expires on 5110/2005,and is not for resale. User Notes: (3552668520) 9.8.3,9.8.4,9.8.5 1.6.1,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6.4, Certificates for Payment 4.6.6,9.6.4, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 4.2.5,4..2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 9.10.3,'13.7, 14.1.1.3, 14.2.4 Concealed or Unknown Conditions Certificates of Inspection,Testing or Approval 4.3.4,8.3.1, 10.3 13.5.4 Conditions of the Contract Certificates of Insurance 1.1.1, 1.1.7,6.1.1,6.1.4 9.10:2, 11.1.3 Consent,Written Change Orders 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 1.1.1,2.4.1,3.4.2,3.8.2.3,3.11.1,3.12.8,4.2.8,4.3.4, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 4:3.9,5.2.3,7.1,7.2,7.3,-8.3.1,9.3.1.1,9.10.3, CONSTRUCTION BY OWNER OR BY 11.4.1.2, 1 I4.4; 11.4 91 1.2.1.2 SEPARATE CONTRACTORS Change Orders,Definition of 1.1.4,6 7.2.1 Construction Change Directive,Definition of CHANGES IN TI&WORK 7.3.1 111,4.2.8,7,8.3.L:93 1.1,11.4.9 Construction Change Directives Claim,3efntttori, l 1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 43.L. Construction Schedules,Contractor's Claims anirl Dispiutes 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 3.2.3, 4.6,6.111,6.3,7.3.8,9.3.3,9.10.4, Contingent Assignment of Subcontracts 10,13 5.4,14.2.2.2 CIalms and?Timei Assertion, f Claims Continuing Contract Performance 44S 43.3 Claims for'Addid nal.Cdst" Contract,Definition of 7.3.8, 10.3.2 1.1.2 Claidt>tfor Addttionnl Mme CONTRACT,TERMINATION OR 621:1,83.21,.l 0.3.2 SUSPENSION OF THE Claims=1`6k Concealed-or-Unknown Conditions 5.4.1.1, 11.4.9,14 43.4. Contract Administration Claims for=Damagos 3.1.3,4,9.4,9.5 3.2.3;3:18,43.10_16 1.1,8:3.3,9.5.1,9.6.7, 10.3.3, Contract Award and Execution,Conditions Relating 1,44.13,. 14.2.4 to Claims Subject to iArbittation 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 3.15,63 Contract Documents,Copies Furnished and Use of Cm otnencement of Statutory L IWf4tion Period 1.6,2.2.5,5.3 13'7 Contract Documents,Definition of Coinniendanie tt of tt1e.Work,Caritlitions Relating to 3.2.1, 3.4.1, 3.7:1,3.10.1,3.12.6,4.3.5,5.2.1, Contract Sum 11.4.1, 11.4.6, 3.8,4.3.4,4.3.5,4.4.5,5.2.3,7.2,7.3, 7.4,9.1,9.4.2, 11.5.1 9.5.1.4,9.6.7,9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2 Catutnencement of t1 S �C1C,DCfnition of Contract Sum,Definition of 8.1.2 9.1 Communieation Facilitating Contract Contract Time Administration 4.3.4,4.3.7,4.4.5,5.2.3,7.2.1.3,7.3,7.4,8.1.1,8.2, 3.9:1,4.2.4 8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 14.3.2 Completion,Conditions Relating to Contract Time,Definition of 1.6.1,3.4.1,3,1,1, 3.15,4.2.2,4.2.9,8.2,9.4.2,9.8, 8.1.1 9 l .9 1d, 12 2; 13.7, 14.1.2 CONTRACTOR CO ON,PAYMENTS AND 3 Contractor,Definition of .bmpiedon,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.l.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 Ale Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be 3 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000 117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 3.3.2,3.4.3,3.8.1, 3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, 6.2.5,3.14 11.1.1, 11.4.7, 14.1, 14.2.1.1, Damage to Construction of Owner or Separate Contractor's Liability Insurance Contractors 11.1 3.14.2,6.2.4,9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, Contractor's Relationship with Separate Contractors 11.4, 12.2.4 and Owner's Forces Damage to the Work 3.12.5,3.14.2,4.2.4,6, 11.4.7, 12.1.2, 12,2.4 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.2.4 Contractor's Relationship with Subcontractors Damages,Claims for 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, 3.2.3,3.18,4.3.10,6.1.1, 8.3.3,9.5.1, 9.6.7, 10.3.3, 11.4.1.2, 11.4.7, 11.4.8, 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 Contractor's Relationship with the Architect Damages for Delay 1.1.2, 1.6,3.1.3;3.21,3,212,3.2.3,3.3.1,3.4.2,3.5.1, 6.1.1,8.3.3,9.5.1.6,9.7, 10.3.2 3.7.3,3.10,3.11,3.12,3 16,3.18, 4.1.2,4.1.3,4.2, Date of Commencement of the Work,Definition of 4.3.4,4.4.1',4,43,5,2,6.2.2,7, 8.3.1,9.2,9.3,9.4, 8.1.2 95,9.7,9.8,9.9, 10.2.6,:10.3; 11.3, 11.4.7, 12, Date of Substantial Completion,Definition of 13.4.2, 13.5 8.1.3 Contractor's Representations, Day,Definition of 1.5-2,3.5.1,3.12.6,6.2.2;,4-2.1,9.3.3,9.8.2 8.1.4 Contractor's Responstbi'lit for Those Performing the Decisions of the Architect Work 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, 3.3.2,3.18,4.23,4.38 5.3:1,6.1.3,6.2,6.3,9.5.1, 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3, 8.3.1,9.2,9.4, 10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Contractor's,Review of Contract,Documents Decisions to Withhold Certification I: .2,3.2,3:73 9.4.1,9.5,9.7, 14.1.1.3 Contractor's Right to Stop;llie Work Defective or Nonconforming Work,Acceptance, -9.7 Rejection and Correction of Contractor's Right to Terminate the Contract 2.3,2.4, 3.5.1,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6,9.8.2, 4.3.10,14:1 9.9.3,9.10.4, 12.2.1, 13.7.1.3 Contractor's Submittals Defective Work,Definition of 3:10,111,3.12,42.71S.'11,5.2.3,7.3.6, 9.2,9.3, 3.5.1 9.8.2,9.8:3,9.9.1,9.10.29.10.3, 11.1.3, 11.5.2 Definitions Contractor's Superintendent' 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 19, 10.2.6 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1, 9.1,9.8.1 Contractor's Supervision and Constnittion Delays and Extensions of Time Procedures 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, 112,3.3,3A,3.12 i'4.2-.Z 42.7,4.3.3, 6.1.3, 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 6141 7,1.3,7.3.4 73.6,8.2,.10,12:1.4 Disputes Contactual Liability Insurazice 4.1.4,4.3,4.4,4.5,4.6,6.3,7.3.8 Documents and Samples at the Site �rdination and Correlation 3.11 1.5.2,3.11,3.10,,3.12`4,,•6.1.3,6.2.1 Drawings,Definition of Copies Furnished of:Drulvirigs and Specifications 1.6,2.2.5,3.11 Drawings and Specifications,Use and Ownership of Copyrights 1.1.1, 1.3,2.2.5,3.11,5.3 1r6,3.17 Effective Date of Insurance Correction of Work 8.2.2, 11-1.2 23,2.4,3.7.4,.42.1,9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2, Emergencies 12.2, 13.7.1.3 4.3.5, 10.6, 14.1.1.2 Correlation and Intent of the Contract Documents Employees, Contractor's 3.3.2,3.4.3, 3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, Cost,Definition of 11.1.1, 11.4.7, 14.1, 14.2.1.1 73'6 Equipment,Labor,Materials and Costs 1.1.3, 1.1.6,3.4,3.5.1,3.8.2, 3.8.3,3.12,3.13,3.15.1, 2.4,3.2.3, 3.7.4,3.8.2, 3.15.2,4.3,5.4.2,6.1.1,6.2.3, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, 7.3.3.3,7.3.6,7.3.7,7.3.8, 9.102, 10.3.2, 10.5, 11.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 11.4, 12.1, 12.2.1, 12.2.4, 13.5, 14 Execution and Progress of the Work Cutting and Patching AIA Document 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. Unauthorized reproduction or distribution of this AIA* Document,or any portion of it.may result in severe civil and criminal penalties,and will be 4 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) 1.1.3, 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.l2, 3.14,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3,7.3.4, Liability 8.2,9.5,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 11.3 Extensions of Time Insurance,Property 3.2.3,4.3:1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3,7.4.1, 10.2.5, 11.4 9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 Insurance,Stored Materials Failure of Payment 9.3.2, 11.4.1.4 4.3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 INSURANCE AND BONDS Faulty Work 11 (See Defective or Nonconforming Work) Insurance Companies,Consent to Partial Occupancy Final Completion and Final Payment 9.9.1, 11.4.1.5 4.2.1,4.2-9,443.2,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, Insurance Companies, Settlement with 11.4.5, 12.3;1, 13.7, 14.2.4, 14.4.3 11.4.10 Financial Arrangements,Owner's Intent of the Contract Documents 2.2.1, 13.12, 14.1:1.5 1.2.1,4.2.7,4.2.12,4.2.13,7.4 `Fire and Extended Coverage,Insurance Interest 1 .4 13.6 GENERAL PROVISIONS Interpretation i 1.2.3, 1.4,4.1.1,4.3.1,5.1,6.1.2,8.1.4 Cr whing Law Interpretations,Written 13,1 42.11,4.2.12,4.3.6 Guarantees,{See Warranty) Joinder and Consolidation of Claims Required 14kardous Materials 4.6.4 Judgment on Final Award Identif"tcation°of Contract'Dbcuments 4.6.6 1.5,1 Labor and Materials,Equipment identification of Subcontractorsand 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, 52"1 42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, Indemnification 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 3.17;31$;.9.i0.2, 10.3.3, 10.5, 11.4.1.2, 11.4.7 Labor Disputes Information and Services-Required of the Owner 8.3.1 6.1.3, Laws and Regulations 6..1.4,6.2.5;9.3:2,9.6.1,9.6.4,911:2,9.10.3, 10.3.3, 1.6, 3.2.2,3.6, 3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, 1.1.2, 11.4;.135.1, 13.5.2, 14114,,14 L4 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, Injury-ojtD#wage to Person of*6l erty 13.5.2, 13.6, 14 4:x.8,10.2,10:6 Liens Inspections 2.1.2,4.4.8,8.2.2,9.3.3,9.10 3.1.3;3 3 3,-.3.7.1,4.2.2,4,2;6,42 q,0 2,9.8.2 Limitation on Consolidation or Joinder 9 8.3;9 82;-9:10'.1, 12.2.1,1;3'.5: 4.6.4 i action to Bidders Limitations,Statutes of 4.6.3, 12.2.6, 13.7 Instructions t o the Contracffsr Limitations of Liability 3.2-3,3.3.1,3.8.1,4.2.8,5.x.1,;-7;.12,8.2.2, 13.5.2 2.3,3.2.1,3.5.1,3.7.3,3.12.8, 3.12.10,3.17,3.18, hnsurance 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4, 9.6.7,9.10.4, 3;18.1,6.1..1,7.3.6;8.2.1,9.3.2,9.8.4,9.9.1,9.10.2, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 9:10.5, 11 Limitations of Time Insurance,Boiler and Machinery 2.1.2,2.2, 2.4,3.2.1,3.7.3,3.10, 3.11,3.12.5, 3.15.1, 11.4.2 4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.4,7.3,7.4, Insurance,Contractor's Liability 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, 11.1 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, Insurance, 'ffWtive Date of 13.7, 14 82.2,11:1.2 Loss of Use Insurance Lrstlrance,Loss of Use 11.43 11.4.3 Material Suppliers Insurance,Owner's Liability 1.6, 3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 11.2 Materials, Hazardous 10.2.4, 10.3, 10.5 AIA Document A201 TM—1997.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967, 1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIRS Document,or any portion of it,may result in severe civil and criminal penalties,and will be 5 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000 117582_I which expires on 5/1012005,and is not for resale. User Notes: (3552668520) Materials,Labor,Equipment and 1.6,2.1.1, 2.3,2.4, 3.4.2,3.8.1,3.12.10,3.14.2,4.1.2, L 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 1.1.1,3.118 4: .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 t©,the.Contract Owner's Right to Perform Construction and to 4.12;4.2.1,5.2.3,7,8.3.1, Award Separate Contracts 9.7 ,10.3.2, 1141 6.1 Mutual Re sp,otisi I'm ty° Owner's Right to Stop the Work 2.3 Noncogfothming Wdik,Acceptance of Owner's Right to Suspend the Work 9.6.6,9.9.3,12.3; 14.3 Nonconformi#tg Work,.Rejection and Correction of Owner's Right to Terminate the Contract 2.3,2.4,3.5.1,4.2.6;-6.2.5,9.5:1,9.8.2,9.9.3,9.10.4, 14.2 12.2.oe 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 4.41',4-645,5.21;x';:22;9.7,9.10, 10.2.2, 11.1.3, Partial Occupancy or Use 11.4.6,12.2.2, 12.14, 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 2.3,2.4,3.3:1,3.94 3112.9;3.12.1Q,:4,3,4`;4.8,4.6.5, 3.14,6.2.5 111,8.12,9.7,9.10; 10.2.2, 1033;,11;1.3, 11.4.6, Patents 12.2.2, 1,24140`13A 14 3.17 N4tiGe of Testing and,Inspections Payment,Applications for 135:1, 135.2 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, Notice to Proceed 9.10.1,9.10.3,9.10.5, 11.1.3, 14.2.4, 14.4.3 82'2 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, 212;3.7,3,13,7-3.64, 101.2 9.10.3, 13.7, 14.1.1.3, 14.2.4 Observations;Contractor's Payment,Failure of 1.5.2$3.2,3.7.3,43.4 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 2.2.2,9.66,9.8,11,4:,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 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, 13.5.17 13.5.2, 14.1.1.4, 14.1.4 PCB Owner's Authority 10.3.1 AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be 6 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 000117582—I which expires on 5/1012005,and is not for resale. User Notes: (3552668520) Performance Bond and Payment Bond Review of Contractor's Submittals by Owner and 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 Architect Permits,Fees and Notices 3.10.1, 3.10.2, 3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 2.2..2,3:7,3.13,7.3.6.4, 10.2.2 Review of Shop Drawings,Product Data and PERSONS AND PROPERTY,PROTECTION Samples by Contractor 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 Sitmples,Shop Drawings Rules and Notices for Arbitration 3.11,312;4.17 4.6.2 Progress and Completion Safety of Persons and Property 4.2.2,4A3,,"$.2,9.8,9.9.1,.14.1.4 10.2,10.6 Program Payments Safety Precautions and Programs 4.3.3,93,:'U,9.8.5 9-10-1,,13.6, 14.2.3 3.3.1,4.2.2,4.2.7,5.3.1, 10.1, 10.2, 10.6 Projeet;.befirn[tonof the Samples,Definition of 1 1.4 3.12.3 Project MaAagemen>f`NbtectiVe Liability Samples,Shop Drawings,Product Data and l isnrance 3.11,3.12,4.2.7 11:3 Samples at the Site,Documents and Project Manual;Mfinition,of the 3.11 1.1.7 Schedule of Values Project"Manuals 9.2,93.1 2'2'5 Schedules, Proj& R6presctitatives 1.4.1.2,3.10,3.Construction12.1,3.12.2,4.3.7.2, 4.2101 _ 6.1.3 Property Insurance Separate Contracts and Contractors 10.2:5,"IIA 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, 12.12, 12.2.5 10 Shop Drawings,Definition of Regulations and.Laws 3.12.1 1.6,3 2 2:-3.6,3.7y 3.12:10, 3.13,4s1 i,4.4.8,4.6, Shop Drawings,Product Data and Samples 11:4, 13.1, 13.4, 13.5.1, 3.11,3.12,4.2.7 13 5 *13 , 14 Site,Use of Rejecttott of Work 3.13,6.1.1,6.21 3.5.1,4 ,6, 122.1 Site Inspections Releases and Waivers of Liens 1.2.2,3.2.1,3.3.3,3.7.1,4.2,4.3.4,9.4.2,9.10.1, 13.5 9'10;2"; Site Visits,Architect's Representations 4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 1.5.2;3.5.1,3.12.6,6.2.2,8:2.1,03.3,9.4.2,9.5.1, Special Inspections and Testing 9.8.2,9A0,1 4.2.6, 12.2.1, 13.5 RepresentqtiVes" Specifications,Definition of the 2.1.1,3.1.t x"9,"4L1,4.2.1,4.2.10,5.1.1,5.1.2, 1.1.6 13.2.1 Specifications,The Resolution of Claims and Disputes I.L1, 1.1.6, 1.1.7, 1.2.2, 1.6,3.11,3.12.10,3.17 4 4,4.5,44- Statute of Limitations " Re ,ftsi,biAityfor Those Performing the Work 4.6.3, 12.2.6, 13.7 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 Retain* Stored Materials 9.3.1,962,9.8.5,9.9.1,9.10.2, 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. Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be 7 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 000117582—I which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 5 TERMINATION OR SUSPENSION OF THE Subcontractors,Work by CONTRACT 1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2, 14 9'6'7 Tests and Inspections Subcontractual Relations 3.1.3,33.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 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, Subrogatioft;Waivers"bf 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'Cornpled4tt" 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;$.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,Defiiition 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 Substttatlori'of Subcontta0lors Time Limits on Claims $'2'3s 5'2'4 4.3.2,4.3.4,4.3.8,4.4,4.5,4.6 Substitution>of Archttect Title to Work 4'1'3 9.3.2,9.3.3 Substitutions-of Mate lt;tls UNCOVERING AND CORRECTION OF 3.4.2,3.5,1,7.3.7 WORK Sub-subcolttractor,Definition of 12 5.1.2 Uncovering of Work Subsurface Conditions' 12.1 43.4 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 Supervkion,9n&C6, r[t ton Procedures L 1.1, 1.6,2.2.5,3.12.6,5.3 1.2.2,3.3,3-1,1111,10i 4:2.2,4.2.714 ,�A 6.1.3, Use of Site 6.2.4,7.1,3;.7.3.6,8.2 8.3.1,9.4.2;19,''-12, 14 3.13,6.1-1,6.2.1 Surety "' Values,Schedule of S; tilU.2,_9.10.3, 14.2.2 9.2,9.3.1 Surety,Consenti'of Waiver of Claims by the Architect 9.10.2,9;10,3' 13.4.2 Surveys: Waiver of Claims by the Contractor 22.3 4.3.10,9.10.5, 11.4.7, 13.4.2 Suspension by the,Owri r far Convenience Waiver of Claims by the Owner 14.4 4.3.10,9.9.3,9.10.3,9.10.4, 11.4.3, 11.4.5, 11.4.7, Suspension of the Wb& 12.2.2.1, 13.4.2, 14.2.4 5.4.2, 143 Waiver of Consequential Damages Suspensrt ntQCTertttination of the Contract 4.3.10, 14.2.4 43.6,5.4.1".1 Waiver of Liens Taxes 9.10.2,9.10.4 3.6,3.8.2.1,7-3.6.4 Waivers of Subrogation Teriininatictu by the Contractor 6.1.1, 11.4.5, 11.4.7 Warranty Terminatioil,b he Owner for Cause 3.5,4.2.9,4.3.5.3,9.3.3,9.8.4,9.9.1,9.10.4, 12.2.2, 4.3.10, 4:1'A"1.4.2 13.7.1.3 TerminattotY"61 fhe 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 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 15.8:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (35526685201 1.6,3.4.2, 3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 2.3,2.4,3.3.1,3.9, 3.12.9,3.12.10,4.3,4.4.8,4.6.5, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 5.2.1,8.2.2,9.7,9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, Written Interpretations 12.2.2, 12.2.4, 13.3, 14 4.2.11,4.2.12,4.3.6 Written Orders Written Notice 1.1.1,2.3,3.9,4.3.6,7,8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA Document A2011e—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 Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be 9 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 1 7582_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 betweenthe 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 Owper>and a Subcontractor or Sub-subcontractor,(3)between the Owner and Architect or(4)between any persons or entities other tlxan the Owner and Contractor.The Architect shall, however,be entitled to performance and enfarcoment 0to6ligations under the Contract intended to facilitate performance of the Architect's duties. §111 THEVORK 11w,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 Contractorto fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. §1.1 A TM 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. §1.14 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 Thrs Specifications that portion of the Contract Documents consisting of the written requirements for materials, equipment,systetn5,standards and workmanship for the Work,and performance of related services. 1.11 THEPROJECTMANUAL WProiect Manual is a volume assembled for the Work which may include the bidding requirements,sample forts;Conditions of the Contract and Specifications. §12 CORRELATION ANDINTENt-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 biildit)g 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. §1162 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 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. Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be 10 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. §14 OWNERSHIPAND USE O.F DRAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE §1.fi:1 The Drawings,Specifications and other documents,including those in electronic form,prepared by the Architect and the Arehitbt'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-subcotitractor'or iriaterial ouequipment supplier shall own or claim a copyright in the Drawings,Specifications and otherdocurnents prepared by the Architect or the Architect's consultants,and unless otherwise indicated the Architect and the"Archikec 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"thereoffurnished to the Contractor,are for use solely with respect to this Project.They are not to be used by th6Contractor 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 supplier$ace-authorized"ao 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 otherpurposes in connection wttti this.Project is not to be construed as publication in derogation of the Architect's or Ar tect's consultants'copyh&g or,other reserved rights. ARTICLE 2 OWNER §211":GENERAL §2.1.1 The Owner is theperson 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 ittfortiation shall include a correct statement of the record legal title to the property on which the Project is located, usuaft referred to as the site, and the Owner's interest therein. §2,2INF' ATION 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' -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 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 08118/2004 under Order No.1000117582-I which expires on 5/10/2005,and is not for resale. User Notes: t:tS��FnA��m continuation of the Work.After such evidence has been furnished,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. §2.2.2 Except for permits and fees, including those required under Section 3.7.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals,easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. §2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project,and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. §2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness.Any other information or services relevant to the Contractor's performance of the Work under the Owner's chtltrol shall be furnished by the Owner after receipt from the Contractor of a written request for such information.car.services. §215 Unless titherwtse oidvided in the Contract Documents,the Contractor will be furnished,free of charge,such copies ofDraWings and.Praject Manuals as are reasonably necessary for execution of the Work. §23 OWNER`S!RIGHT,TO"STORTHE WORK §2.3.1 If theContractor 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 tray issue a written order to the Contractor to stop the Work,or any portion thereof,until the .cause forsuch order had°;been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty.ontbepart ofthe Owner to exercise this right for the benefit of the Contractor or any other person or entity, �except-to;the extent requir'-by Section 6.1.3. §2.4 OWNER'S RIGHT TO CARRY OUT THE WORK §2.41'1,Ifthe Contractor,defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a-seven=day piftiod after receipt of written notice from the Owner to commence and continue correction of.such defntilt or,neglect.with diligence and promptness,the Owner may after such seven-day period give the Contractor a:second written nouce•t>~;correct such deficiencies within a three-day period.If the Contractor within such three-day-period after receipt afsuch second notice fails to commence and continue to correct any deficiencies, .theOwner•may,without ptudice 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 sock defioiencies, including Owner's expenses and compensation for the Architect's additional seMces 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 sufficietit to cover such amounts,the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR §3.1 GENERAL §.3.1.1 The Coclitactor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Doicurnents: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. § 11.3'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 of approvals required or performed by persons other than the Contractor. §3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §3.2.1 Since the Contract Documents are complementary,before starting each portion of the Work,the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the AIA Document A201 TO—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 AW' Document is protected by U.S.Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIAs Document,or any portion of it,may result in severe civil and criminal penalties,and will be 12 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: m,F,>aaRs;9n% 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 obligstions of Sections 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been nvotded tfthe Contractor had performed such obligations.The Contractor shall not be liable to the Owner or Architect for dAiiies resulting from errors,inconsistencies or omissions in the Contract Documents or fot-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 CI3Ntf RUCTION PROCEDURES §1.3.1 The Contactor shtilf 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'instruetions'concerning these matters.If the Contract Documents give specific instructions concerning construction tne2[ns,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 orprocedures may.;not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed:withahat 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.lre raponsrbie to the Owner for acts and omissions of the Contractor's employees, Subcontractor and their age ±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 tie responsible for inspection of portions of Work already performed to determine that such;portions are in proper condition to receive subsequent Work. §.3.4 LABOR AND MATERIALS `§:3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials,egtdor tent,tools,construction equipment and machinery, water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and.whether or not incorporated or to be incorporated in the Work. §3.4.2 The Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order. §3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract.The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. AIA Document A201 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. Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be 13 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: §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 3.71 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit nitd other permits and governmental fees, licenses and inspections necessary for proper execution and completion of[ht;Work 4vhich are customarily secured after execution of the Contract and which are legally regttred'when'bids are received or negotiations concluded. §.313 The.Contractor shall com' ly with and give notices required by laws,ordinances,rules,regulations and lawful orders of public:.authoritiesappliicable to performance of the Work. f-3.743,41,is not.tbe 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. POrtiorts ofthe,Contract Documents are at variance therewith,the Contractor shall promptly notify the Architect and Owner in writing,andnecessary changes shall be accomplished by appropriate Modification. §3x7;4 if the Contractor performs Work knowing it to be contrary to Iaws,statutes,ordinances,building codes,and tules and regulations without,such notice to the Architect and Owner,the Contractor shall assume appropriate responsibility far such Work and shall bear the costs attributable to correction. §:38 ALLOWANCES 3.8.1 The Contractor shall mcludt'in the Contract Sum all allowances stated in the Contract Documents. Items coveted by"allowanees shallbe supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not bell t6gtired_to employ persons or entities to whom the Contractor has reasonable objeet,'0 §=3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes;`less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs,overhead,profit and other,expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; .3 wheiteyer 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:.$.2.2. § 18.3,11+Iatpdals and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay to the;Wc1rk;=." §3.9 SUPERINTENDENT §3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important AIA Document A201 TM—1997.Copyright 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 AIAx Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10r Document,or any portion of it,may result in severe civil and criminal penalties,and will be 14 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:. ioccnmornn. 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 subinitted to the Owner and Architect. §3.11 DOCUMENTS-AND SAMPLES AT THE SITE §3.11,11- he Contractorshallmaintain 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 subttltttals.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 312.1 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. §3,12A Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents.The purpose of their submittal is to demonstrate for a portions of the Work for which submittals are required by the Contract Documentsthe way by which the-Contractor proposes to conform to the information given and the design concept expressed inahe Contract Docuraetiti*.Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents.Submittals which are not required by the Contract Documents may be returned by the Architect without ac ©n 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. r- §112.16 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 rdlated.tt ereto,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 AWA Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be 15 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000 117582_1 which expires on 5/1012005,and is not for resale_ User Notes: §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 alprovide profdssi06al 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 CoatrAtOr 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, specificatiais,aertificatiotsx Strop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related,tothe 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 professiion&,'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 ba,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 adequacyof the performance or design criteria required by the Contract Documents. §3.13 use- 1p af. The-,Contractor shall confitewt5erations 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. 51,14: TING AND PATCHING §3.141 Tlie Contractor shall, ,responsible for cutting,fitting or patching required to complete the Work or to make its parts fit,together properly.: §3.141 The Contractor-shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or sdparate contractors by cutting,patching or otherwise altering such construction,or by excavation.The Contracta>'shalt 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 Ifie 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 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish c"96&by operations under the Contract. At completion of the Work,the Contractor shall remove from and about tCle Project waste materials,rubbish, the Contractor's tools,construction equipment, machinery and surplus �� materials. §3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. AIA Document A201 TM—1997.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 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 16 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000 117582_1 which expires on 5/10/2005,and is not for resale. User Notes: 1'l�S'1Ri:AC.7f11 §3.16 ACCESS TO WORK §3.16.1 The Contractor shalt 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 Ii nagement ftteetive Liability insurance purchased by the Contractor in accordance with Section 11.3, the Contractor slit(indofYii`6-and hold harmless the Owner,Architect,Architect's consultants,and agents and employes of any:of them froth and against claims,damages,losses and expenses,including but not limited to attorneys'f W, or resulting from performance of the Work,provided that such claim,damage,loss or expense is, hrrbutable"fo bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (ttther"thata the,,Workitsetf),butonly to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,arljone"dircctlgor indirectly employed by them or anyone for whose acts they may be liable, regardless of weer or rtotsuch claim,damage,loss or expense is caused in part by a party indemnified hereunder. Such obligation shall xldt:be-construed to negate,abridge,or reduce other rights or obligations of indemnity which would otherwise ex14.4s=6 a party or person described in this Section.3.18. §3.18.2 In Claims against.auyperson 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 indernnificationDbligatron'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 TheA'chrtect rs fhe.person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such trt;the'Agreement and is referred to throughout the Contract Documents as if singular in number-The. 'Archi ect"bteans;the Architect or the Architect's authorized representative. §4,'1.2 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,rtio"ed or extended without written consent of the Owner,Contractor and Architect. Consent shall'not be, uea�ottably withheld. 4.1.3 If the�,etnployment ofthe Architect is terminated, the Owner shall employ a new Architect against whom the Contractot,ltas.no-"reasonable objection and whose status under the Contract Documents shall be that of the former Architect. §4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT §4,2.1 The Architect will provide administration of the Contract as described in the Contract Documents,and will be art Owner's r'cp resentative(1)during construction,(2)until final payment is due and(3) with the Owner's Concurrence%ft'orm time to time during the one-year period for correction of Work described in Section 12.2.The Architect %1ll have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. §4.2.2 The Architect, as a representative of the Owner,will visit the site at intervals appropriate to the stage of the Contractor's operations(1)to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed,(2)to endeavor to guard the Owner against defects and AIA Document A201 Tu—1997.Copyright ©1911,1915,1918,1925,1937x,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'r Document,or any portion of it,may result in severe civil and criminal penalties,and will be 17 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 0001 1 7582_1 which expires on 5/10/2005,and is not for resale. User Notes: 1qC;i')RRRr'')nl 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 acid with Subcontractors and material suppliers shall be through the Contractor.Communications by and with separate contractors shall be through the Owner. §415-Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review aod'certify,the amounts 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 considemit necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordaAmwith Sections 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or completed.Howevery<neither this authority of the Architect nor a decision made in good faith either to exercise or not td 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, §4.2'7The Architect will review andapprove or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Saitmples,but only for the limited purpose of checking for conformance with information given and the design cbric6pt 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 flowing sufficient time in the Architect's professional judgment to permit adequate revid- Review of such submittals is-not conducted for the purpose of determining the accuracy and completeness of otherdetails such as dimensions and quantities,or for substantiating instructions for installation or performance of equip , nt-or systems,all of`which°remain the responsibility of the Contractor as required by the Contract lctcuments.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations uitdersSections 3.3,3.5 and 311.2.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 Aretntect's.app'roval of a specific item shall not indicate approval of an assembly of which the item is a component. §42.8 The Architect will prepare Change Orders and Construction Change Directives,and may authorize minor changes in the Work as provided in Section 7.4. - § 42.9.The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date offittl completion,will receive and forward to the Owner, for the Owner's review and records, written warranties and refuted documents required by the Contract and assembled by the Contractor,and will issue a final Certificate far 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, 1937x, 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 AIO Document,or any portion of it,may result in severe civil and criminal penalties,and wilt be 18 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: lZS�JaaAG7ni §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. §:43 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 termis,payment of money,extension of time or other relief with respect to the terms of the Contra -The term"CIAOM"also includes other disputes and matters in question between the Owner and Contractor arising out ofor relating to the Contract.Claims must be initiated by written notice.The responsibility to substantiate Claims shall rest with the patty making the Claim. §4:3.2 Tirr ,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 7rnust 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. §4.14 Claims for Concealed or Unknown Conditions.If conditions are encountered at the site which are(1) subsurface or otherwi5e.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 t0.exist;and generally recognized4s 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 lime required for,performa is,orany part of the Work, will recommend an equitable adjustment in the Contract 51101 or Contract Time,or-both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the'.Architeci shall so notify the.Owner and Contractor in writing,stating the reasons.Claims by either party in opposition to such determitmtionmust 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 fr Claims relating to an emergency endangering life or property arising under Section 10.6. §4.3.6 If,the Contractor believes additional cost is involved for reasons including but not limited to(1)a written interpretation from the Architect,(2)an order by the Owner to stop the Work where the Contractor was not at fault, (3)a written order for a minor change in the Work issued by the Architect, (4)failure of payment by the Owner,(5) termination of the Contract by the Owner,(6)Owner's suspension or(7)other reasonable grounds,Claim shall be filed in accordance with this Section 4.3. AIA Document A201" —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 Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be 19 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 0001175821 which expires on 5/10/2005,and is not for resale. User Notes: (35526685201 §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 applieatioii of suchunit prl�to quantities of Work proposed will cause substantial inequity to the Owner or Contractor,the applicabl uhii prices shall be equitably adjusted. §43;10 Claim&for Consogtiential 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 ineed by the Owner for rental expenses,for losses of use,income,profit,financing, business aiulreputation,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 ligtiidated direct damages,when applicable,in accordance with the requirements of the Contract Documents. §4 4 REWLUTION OF CLAIMS AND bISI UTES §`4.4.1-Decision of Architect. Claims,including those alleging an error or omission by the Architect but excluding those,arising;under,Sectioms 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall lze t quked as a condition precedent to mediation,arbitration or litigation of all Claimsbt*tween the Contractor and C4wher arising prior to the date final payment is due,unless 30 days have passed after the Claim has been refelCetl to" 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 Architeet.wtlI 00iew Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1)reques(ddditional 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 thd,pames 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. §4.4.31n evaluating Claims,the Architect may,but shall not be obligated to,consult with or seek information from eitherparty 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 tits te-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 A201 TM—1997.Copyright 01911-1915'1918'1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 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 20 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: (35526685201 §4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and which:shall notify the parties of any change in the Contract Sum or Contract Time or both.The approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration. §4.4.6 When a written decision of the Architect states that(1)the decision is final but subject to mediation and arbitration and(2)a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision,then failure to demand arbitration within said 30 days'period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor.If the Architect renders a decision after arbitration proceedings have been initiated,such decision may be entered as evidence,but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. §4:4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or the Owner may,but is not obligated to,notify the surety,if any,of the nature and amount of the Claim.If the Claim relates to a passibility of a Contractor's default,the Architect or the Owner may, but is not obligated to,notify the surety and request the 5ttrety's'assistance in resolving the controversy. §4.4:8 ifa Claitn•relates to of 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 MEDIATIOW §A.5.1 Any Claim;arising outof 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'sttbmission of the Claim to the Architect,be subject to mediation as a condition precedent to arbitration or the institution of legal,or equitable:proceedings by either party. §,4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise; hall 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 wtitlr the Ametican,Arbitration Association.The request may be made concurrently with the filing of a demand for arbitration but,in.such event,,nlediativn shall proceed in advance of arbitration or legal or equitable proceedings, which shalhbe 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. §-4.6,31-be.partites shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,ti 46n an6ther location is mutually agreed upon.Agreements reached in mediation shall be.enforceable,as settlementagr&fneiits in any court having jurisdiction thereof. ,§A.6 ARBITRATION §4.6.1 Any Claim arising oitrbf or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Sectiprfs 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 notresolved 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 CAntract and with the American Arbitration Association,and a copy shall be filed with the Architect. § 4'.0.3 A demand for arbitration shall be made within the time limits specified in Sections 4.4.6 and 4.6.1 as -applieatble aitd in other cases within a reasonable time after the Claim has arisen,and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Section 13.7. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 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 AIAO Document,or any portion of it,may result in severe civil and criminal penalties,and will be 21 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §4.6.4 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 do Final Award. The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it,in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS: §51:DEFINITIONS" :'§5.1,1 A Subcontractor is awn or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The term xStlibcontractor" is referred to throughout the Contract Documents as if singular in number and means a.S:ilbcontractor or an authorized representative of the Subcontractor.The term"Subcontractor" does.no0ficlude 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 ifsingularin number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. §::51 AWARD OE'S1J66ONTRACT&AND OTHER CONTRACTS FOR PORTIONS OF THE WORK §`5.2.1 Unless otherwise stated i]t::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 porttbWof the Work.The Architect will promptly reply to the Contractor in writing stating'whether or not the Owner t7th1 Architect,after due investigation,has reasonable objection to any such proposed person or entity.Fallul4e.O the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. §5.2.2 The Contractor shall noEcontract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection:The Contractor shall not be required to contract with anyone to whom the Contractor has trade reasonable objection. §5,2.3 If the 0wneror Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall prc pose 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 issue&Oefore commencement of the substitute Subcontractor's Work. However,no increase in the Contract Sum;or Contrt Time shall be allowed for such change unless the Contractor has acted promptly and responsively in subtnittiAg;`i>< rtes as required. §5.2.4 The Contractor shall not change a Subcontractor,person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. AIA Document A201 TM—1997.Copyright ®1911,1915,1918,1925,193 7,1951,1958,1961,1963,1966,1967,1970,1976,1987 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 22 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 1 7 582_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 theContract 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. §'5.4t;ONTINGENT=ASSIGNMENT OF SUBCONTRACTS §5.43.Each subcontraet,agreement for a portion of the Work is assigned by the Contractor to the Owner provided drat: 1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Sectiob 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. §5.42;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. ARTICLE6,CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS §'6:1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS §6.L 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 Conditici tsof the Contract identical or substantially similar to these including those portions relatt4-to,insurance and waiver of subrogation.If the Contractor claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall make such Claim as provided in Section 4.3. §6.1°.2 When,separate contracts are awarded for different portions of the Project or other construction or operations on the site;tlre,terna"Contractor"in.1he Contract Documents in each case shall mean the Contractor who executes each,separate Owner-Contractor Agreement. §6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate-ctntractors and the Owner in reviewing their construction schedules when directed to do so.The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules shall then constitute the schedules to be used by the Contractor,separate contractors and the Owner until subsequently revised. §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-havethe'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 AIR'"Document is protected by U-S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA8 Document,or any portion of it,may result in severe civil and criminal penalties,and will be 23 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 5110/2005,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 shalt,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. 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 Centractor'in Section 3.14. §6.3 OWNER'S fitIGHT'�t�CLEAN UP 6.3,11f a dispute afiss aitong the Contractor,separate contractors and the Owner as to the responsibility under their respecdye cantta forrmaintaining the premises and surrounding area free from waste materials and rubbish, the Owner may eleai'up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES INS HE'WORK §1.1 GENERAL §7.1.1 Changes.in.tli 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 rerlgires-Agreement by the Owner and Architect and may or may not be agreed to by the Contractor;an,drder6)r ,a minor change ri the Work may be issued by the Architect alone. §7.1.3 Chang s lit the Work shall be performed under applicable provisions of the Contract Documents,and the Contractor shall procbed prmptly, unless otherwise provided in the Change Order,Construction Change Directive or order for a minor change i&4he Work. 71.2 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°.York; .2 the at 13f.the'adjustment, if any,in the Contract Sum; and .3 the.extent ofthe adjustment, if any,in the Contract Time. §722 Methods tised n,determining adjustments to the Contract Sum may include those listed in Section 7.3.3. §7.3 CONSTRUCTION CHANGE DIRECTIVES §7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect,directing a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or Contract Time,or both 'Fite Owner may by Construction Change Directive, without invalidating the Contract,order changes n the work.within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sttrfi 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 ©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. Unauthorized reproduction or distribution of this AIO Document,or any portion of It,may result in severe civil and criminal penalties,and wilt be 24 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 175821 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 inr the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time, §715 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith,itYe[uding-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. §7:3.8 11 the CUiftractordoes not respond promptly or disagrees with the method for adjustment in the Contract Sum, the'Mthod 1344the aditlstment shall be determined by the Architect on the basis of reasonable expenditures and savings of tk!,t�performing`t1ie:Work attributable to the change,including, in case of an increase in the Contract Sum;a reagmwble'allowance f�4e:overhead and profit.In such case,and also under Section 7.3.3.3,the Contractor shall keep-'and present,in,stle.i,form as the Architect may prescribe,an itemized accounting together with appropriate supporting 44a Utrless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.6 shall ho tnited-to the following: ,1 costs`of labor,including social security,old age and unemployment insurance,fringe benefits regtured by agreement or custom,and workers'compensation insurance; .2 costs of VfMefials,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 ofpremums for all,bonds and insurance,permit fees,and sales, use or similar taxes related to t WW'ork;and .5 additional costs of sitpeN ision and field office personnel directly attributable to the change. 7:3:7 The amot at=of credit-%o be allowed by the Contractor to the Owner for a deletion or change which results in a notdecrease in the Contract Surn,shAll;be actual net cost as confirmed by the Architect.When both additions and credits covering related WorkorsubStitutions are involved in a change,the allowance for overhead and profit shall be figured:cirtfie basis of net><ncroase,if any,with respect to that change. §7.1,8 Pending fin detet'mittation of the total cost of a Construction Change Directive to the Owner,amounts not in dispute for such chatigea tn,tle Work shall be included in Applications for Payment accompanied by a Change Order indicating the patit5' ment with part or all of such costs.For any portion of such cost that remains in dispute the Archttect will make an interim determination for purposes of monthly certification for payment for those costs.That-46terri &tion of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the right of eliherparty{aJ disagree and assert a claim in accordance with Article 4. §7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments inthe Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such agreement swil"be effective immediately and shall be recorded by preparation and execution of an appropriate Chmiger E3rder> ; §7.4 MINOItNANGES 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 AIAs Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document,or any portion of It,may result in severe civil and criminal penalties,and will be 25 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 confu-ms that the Contract Time is a reasonable period for performing the Work. §822-The Contractor shall: tot 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 I 1 to be furnished by the Contraetor-and Owner.The date of commencement of the Work shall not be changed by the effective date of such i6s nce._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 coitnmencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. §8.Z3.The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time.. §8.3 DELAYS AND EXTTgNSIONS OF TIME §8.3.1 If the Corctraetof is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect,,or ofian employee of either,or of a separate contractor employed by the Owner,or by changes ordered in tt a W-6rk,or by labor.disputes,fire,unusual delay in deliveries, unavoidable casualties or other causes beyond tire:Contractor's control,or by delay authorized by the Owner pending mediation and arbitration,or by other causes which the Architect-ddte' tint nes may justify delay,then the Contract Time shall be extended by Change Order for such,reasonable time as the Architect may determine. §8.12 Claims relating to time eshalt be made in accordance with applicable provisions of Section 4.3. §$.3.3 This Section 8.3 does`not.predude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMEOT6 ANO'OOMPLETION §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 AlA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA7D Document,or any portion of it,may result in severe civil and criminal penalties,and will be 26 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 0811812004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 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 Paytt entall Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best ofahe 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 mason of having provided labor,materials and equipment relating to the Work. §9A CERTIFICATES FOR PAYMENT §9AA The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue to the Owner a Certificatefor 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 impart as provided in Section 9.5.1. §9.4.2 The issuance of a Certificate;.for:PByment will constitute a representation by the Architect to the Owner, 'based,on the.Architect's evaluation tf;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 conforruance with the Contract Documents upon Substantial Completion,to results of subsequent:tests and inspections,to Coection of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance ofa Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on- site inspections to ch. the quality or quantity of the Work,(2)reviewed construction means, methods,techniques, sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data.requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §'95 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>madc: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 aritount,the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make s."ucti representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 3.3.2,because of: .1 defective Work not remedied; AIA Document A201 TM—1997.Copyright 01911,1915,1918, 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 Al e'Document,or any portion of it,may result in severe civil and criminal penalties,and will be 27 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; A reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. §:9.5.2 When the above reasons for withholding certification are removed,certification will be made for amounts previously withheld. §9.6 PROGRESS PAYMENTS §9.6.1 Afton"the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within die-6 the provided in,the Contract Documents,and shall so notify the Architect. §9.6.2 The Contractor shaRpromptly pay each Subcontractor,upon receipt of payment from the Owner,out of the aXriognt i5aid'-fa thd 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;Subcontracto 's poftion okhe Work. The Contractor shall,by appropriate agreement with each Subcontractor, I: uire,eacfi Subcontractor to retake payments to Sub-subcontractors in a similar manner. §.9.6;3 The Architect will,.tin 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 accountofportionsofIthe.Work-done by such Subcontractor. Neither theClwner 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. 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. §9.65 AC a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not congtitute acceptance of Work not in accordance with the Contract Documents. §9 6':7 Unlesg the Contractor,'provides:the Owner with a payment bond in the full penal sum of the Contract Sum, paymetts rec rived by.the Corttractot for Work properly performed by Subcontractors and suppliers shall be held by contract t for those Subcontractors or suppliers who performed Work or furnished materials,or both, under contract with the Contrad0f.for which payment was made by the Owner. Nothing contained herein shall require money to be:-placed iii a s' c..rate account and not commingled with money of the Contractor,shall create any fiduciary liability or felt 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-0F PAYMENT If the Arc (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 arbitrations,Milli the Contractor may,upon seven additional days' written notice to the Owner and Architect, stop the Work 0n,6, paj?tnent of the amount owing has been received.The Contract Time shall be extended appropriately and the Cirntracf Suin.shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay and start- .. UP plus interest as provided for in the Contract Documents. AIA Document A201 w—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 AIA4 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 wilt be 28 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 thereo€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 caser the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completon. §9.8: Mien the Work o[°de;zignated portion thereof is substantially complete,the Architect will prepare a Certificate of Substandit Ct thpletion which shall establish the date of Substantial Completion,shall establish responsibilities of the,oWrter and Contractor for security, maintenance,heat,utilities,damage to the Work and insurance;ai d 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'poition thereof unless otherwise provided in the Certificate of Substantial Completion. §9.8.6.The-Certifrcato 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 Workthat is incomplete or not in accordance with the requirements of the Contract Documents. 9:9-PARTIAL OCCUPANCY OR USE §9:9.1 'Elie Owner may occupy or use any completed or partially completed portion of the Work at any stage when such'portion is,designated by sepaicate;agreement with the Contractor,provided such occupancy or use is consented to.by the insurer as required underSection 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, matlit AUCe,heat,utilities,damage to the Work and insurance, and have agreed in writing concerning the POdOd-for WrW0.0on of the Work and commencement of warranties required by the Contract Docuttrents' lien tho Contragtor 4siders 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 iaot be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the C)tvner.aryif Cotitrtletor 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 o,copied 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,aceeptance of Work not complying with the requirements of the Contract Documents. §9.116"t ALItOMPLETION AND FINAL PAYMENT §91Q 1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a-final" pplin for Payment,the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA'r 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 29 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/1812004 under Order No.1000117582—1 which expires on 5110/2005,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 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 dr encumbrances'arising out of the Contract,to the extent and in such form as may be designated by the Owner.Ifa Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owtierto indemnify the Owner against such lien.If such lien remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien,including all costs and reasonable attorneys' fees. I.§ the Co after Substanfial'Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor orbpissizanceof Change Orders affecting final completion,and the Architect so confirms,the Owner shall upon=application l y the Contractor and certification by the Architect,and without terminating the ContracL.'Make payment of the.balance due for that portion of the Work fully completed and accepted.If the remaining balattm for Work not fully completed or corrected is less than retainage stipulated in the Contract D'Ocatnents,a4d.if bonds`hatve been furnished, the written consent of surety to payment of the balance due for that pottiOn of the Work.fully completed and accepted shall be submitted by the Contractor to the Architect prior to eertineatidn,of itich 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: A 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 warr'atttier.'required by the Contract Documents. §9.10:5 At*eeptatttce of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waives of clat"ttt by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application;€or.)?ayment. ARTICLE 10'PROTECTION OP P ONS AND PROPERTY §11,04SAF&Y PRECAUTIONS AND PROGRAMS 101.1 The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection;with%ih, eeverformance of the Contract. §10.2 SAFETY OF.PERSONS AND PROPERTY 10.2.1 Tlie ttiitraeOr shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,ii%(ury or loss to: .1 elmployees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site,under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontractors;and .3 other property at the site or adjacent thereto,such as trees, shrubs, lawns, walks,pavements, r6adways,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'Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will s.s' 30 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 be No.1 000 1175821 which expires on 5/1012005,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 property 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 io 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. §102.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shatlbe.the prevention.of40cidents.This person shall be the Contractor's superintendent unless otherwise designated by-ft Contract4 n writing to the Owner and Architect. §10.2.7 The Contractor shall no''load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 HAZARDOUS MA TERhALS 10,11 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. 110.32 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported bythe 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 fumish in writing to,the•Contractor and ArcWi clAhe 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 sucltmaterial or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or noteidier`has reasonable objection to the persons or entities proposed by the Owner.If either the Contractor or Architect has iw.objection to a person or entity proposed by the Owner,the Owner shall propose snottier 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, atttract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down,delay and start-up,which adjustments shall be accomplished as provided in Article 7. §10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims,damages,kisses 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 'patty 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 n"—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961, 1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING.This AIAr 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 31 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08118/2004 under Order No.1 0001 1 7582_i which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §10.5 If, without negligence on the part of the Contractor,the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. §10.6 EMERGENCIES §10.6.1 In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Section 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS §11.1 CONTRACTOR'S LIABILITY INSURANCE §1.1.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor maybe legally liable,whether such operations be by the Contractor or by a Subcontractor or by art yone'di odc or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: A claims under workers'compensation,disability benefit and other similar employee benefit acts which areapplicable to the Work to be performed; :2' claims fwdamages because of bodily injury,occupational sickness or disease,or death of the Contractor's employees; .3 for damages because of bodily injury,sickness or disease,or death of any person other than thet nls oritractor's em loyees; 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 claiifis-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 dAiftts 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. §111:2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documetlf ft.or required bylaw;whichever coverage is greater.Coverages, whether written on an oceurrence•or claims-made basts,_sliall be maintained without interruption from date of commencement of the Work until dateof.ftnal payment and termination of any coverage required to be maintained after final payment. §'11.'1`:3-Certificates'of insuranee acceptable to the Owner shall be filed with the Owner prior to commencement of ihr Work;Tlte�se certificates and the i>rsjrance policies required by this Section 11.1 shall contain a provision that coverages afft±ttied tinder the policies will not be canceled or allowed to expire until at least 30 days' prior written >: n0UCe has been given to the Owner.If any of the foregoing insurance coverages are required to remain in force after hal,payment.and are rexs©tlably available,an additional certificate evidencing continuation of such coverage shall be submitte"ith thin 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 Contraettr: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 §113:fCjpdnlly, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability iii tttattpe from the Contractor's usual sources as primary coverage for the Owner's,Contractor's and ;,ArC tect'9 Vil�rious liability for construction operations under the Contract. Unless otherwise required by the Coittrct.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 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 AlAx 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 wilt be 32 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 todo 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 thgOwner 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- subcontraetors in the Project#: §11.41.1 Property insurance shall be on an"all-risk"or equivalent policy form and shall include, without limitation, tttsurance against thaperils of fife(with extended coverage)and physical loss or damage including, without ffuplication of coverage,theft,vandalism,malicious mischief,collapse,earthquake,flood,windstorm, falsework, testing and startup,:#enipriatybuildings and debris removal including demolition occasioned by enforcement of any applicable tega,'requtteinet[ts,and shall cover reasonable compensation for Architect's and Contractor's services smd expenses requited as a result of such insured loss. i 11.44.2.1f the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amounliAescribed above,the Owner shall so inform the Contractor in writing prior to conimencement.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 main be charged.,til' vOwner.If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance a described above;,without so notifying the Contractor in writing,then the Owner shall bear all reasonable;costs.properly attributabler,-thereto. §"11.4.1.3 If the.propefly insurance requires deductibles,the Owner shall pay costs not covered because of such deductibles. z §>1,1.4.1,4:This pro pel(y insuaCtCes}aI(cover portions of the Work stored off the site,and also portions of the Work rn transit. §11.4.1.5 Partial ocoupanG or use-;in accordance with Section 9.9 shall not commence until the insurance company or companies providing ptopert3+insurance have consented to such partial occupancy or use by endorsement or otherwise:Thie Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or _companies and slialii.,.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 10911ation 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"'—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and international Treaties. Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be 33 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) §11.4.4 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 writtent,notice has been given to the Contractor. ,�,11.4.7 Waivers of Subro$atiotn. The Owner and Contractor waive all rights against(1)each other and any of their subcontractors,-sutrsubeotxtractors,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 60ployees,for,darttages caused by fire or other causes of loss to the extent covered by property insurance obtatned p0sitant to ItW'Sectiosf 11.4 or other property insurance applicable to the Work,except such rights as they Have to piroceeds 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-sukontractors,agents and employees of any of them,by appropriate agreements, written where iegaly required for.vali&ty,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 opentity even though.that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not paythe insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the-property damaged- §11,.41 A toss 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:ofSecton 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. § 4-9 If required in writing by a party in interest,the Owner as fiduciary shall, upon occurrence of an insured loss, give bon&f0f proper perforiltattce qt he Owner's duties.The cost of required bonds shall be charged against Proceeds received as fiduciary.T6'Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach,or in accordance with an arbitratiot :award:1. which,ease the procedure shall be as provided in Section 4.6.If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience,replacement of damaged property shall be,performed by the Contractor after notification of a Change in the Work in accordance with Article §'11.4.10 The Oivner 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.instranCeproceeds 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 A201TM—1997.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAx`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 34 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 Orden be at the Owner's expense.If such Work is not in accordance with the Contract Documents, correction shalt.'beat the,Contractor's expense unless the condition was caused by the Owner or a separate contractor in Which.event the"Uwner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK §122.1 seFOF(E R AFTTER:SI BSTANTIAL COMPLETION §12.2.1',"1 The Co»tractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements+31 the,Codtract Documents, whether discovered before or after Substantial Completion and whether or not f4brica.t6cl,:installeit%or completed.Costs of correcting such rejected Work, including additional testing and iuSpections and"cottttpensatititt.for the Architect's services and expenses made necessary thereby,shall be at the Contractor's e;") se. 12.22A SlJBSTANPAL COMPLETION §12:211 In addition to the Coiltractor's obligations under Section 3.5,if,within one year after the date of Substantiat;Completion.df the Work or designated portion thereof or after the date for commencement of warranties established under SectiorX:99.1,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.Duringtke,,One-year period for correction of Work,if the Owner fails to notify the Contractor.and,give the Contracts f al opportunity to make the correction,the Owner waives the rights to require correctrcan-by the Contractor and.,to make a claim for breach of warranty.If the Contractor fails to correct nonconformrttg World within,a reasonable time during that period after receipt of notice from the Owner or Architect,:the Owner may correet:itin accordance with Section 2.4. x:12.2 211he-carte-year perio d ft5t`pviiection 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 fot~=eorrection of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. §12.2.3 The Ctantractorshall 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 vYhiCh is not'in accordance with the requirements of the Contract Documents. §12,2.5 Nothiit 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 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. Unauthorized reproduction or distribution of this AIAiO Document,or any portion of it,may result in severe civil and criminal penalties,and will be 35 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) 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 Seettotr 13.2.2;neither party to the Contract shall assign the Contract as a whole without written consent of the other' If-eiiher party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for allobligations under the Contract. §:13:21 The.Owner-May,without consent of the Contractor,assign the Contract to an institutional lender providing construction;finanoing:for the t'rcject.In such event,the lender shall assume the Owner's rights and obligations under the Contract"Documents.Jhe Contractor shall execute all consents reasonably required to facilitate such assigriment. §13:3 WRITTEN NOTICE` §1331 Written.notice shallbe 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 registemd or certifie&mail to the last business address known to the party giving notice. §13 4RIGHT&AND REMEDIES §13A.1 Duties and obligations i0p osed'by the Contract Documents and rights and remedies available thereunder shall be in.addition to and not a.lird ion of duties,obligations,rights and remedies otherwise imposed or available by law. §13., action or failure to aCt.b.the Owner,Architect or Contractor shall constitute a waiver of a right or duty affbt7 ed therm under the Co'ntrad >itct~shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,except as fFna lie s�secifically agreed in writing. §110,TESTS,AND INSPECTIQNS §13.5.1 Tests,inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances,rules,regulations orarders of public authorities having jurisdiction shall be made at an appropriate time. Unless oth(rwise 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. Tf-tlie.Architect,Owner or public authorities having jurisdiction determine that portions of the Work require addif%onl.testng, inspection or approval not included under Section 13.5.1, the Architect will,upon written autliarzatiotr 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 AWs 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 36 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 0 8/1 81200 4 under Order No.1000117582_I 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 be at the Contractor's expense. §13.5.4 Required certificates of testing,inspection or approval shall,unless otherwise required by the Contract Documents,be secured by the Contractor and promptly delivered to the Architect. §13.5.5 If the Architect is to observe tests,inspections or approvals required by the Contract Documents,the Architect will do so promptly and,where practicable,at the normal place of testing. §13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. §13.6 INTEREST §13.6.11Taynlents due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate a�`tlie 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. §I 'T COMMENCEMENT OF STATUTORY LIMITATION PERIOD §13.741 As en the Owner and Contractor: .tz Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of SubstantiatCompletion,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate forPayment,any applicable statute of limitations shall commence to run and any alleged causeofacfion 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 issuanee;ofthe 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 actor failure to act by the Contractor pursuant to any Warranty provided under Sectiow 5,the date of an y correction of the Work or failure to correct the Work by the Contractor tinder 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. ARTICN_1 r14 . RMINATIOIV°Oft SUSPINSION OF THE CONTRACT 414:11;TEklfli(NATION BY THE CONTRACTOR §14.1.1 The Contractor tt>ny,terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor,Sub-subcontractor or their agents or employees or any other'-persons or entitiesperforming portions of the Work under direct or indirect contract with the Contractor,for any of the-following reasons: Al-, 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 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. Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be 37 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08118/2004 under Order No.1 0001 17582—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' writteirnotice 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 THEE�'OWNER FOR CAUSE §.14.2.1 The`Owner may terminate the Contract if the Contractor: 1 persistentlybir'repeatedly refuses or faits to supply enough property skilled workers or proper materials, :2 1 fails to tmiak payment to Subcontractors for materials or labor in accordance with the respective agreemea0between the Contractor and the Subcontractors; .3 persistently",. ards laws,ordinances,or rules,regulations or orders of a public authority having jurisd>ietiort4 dr, 4 otherwise is'Pilty of substantial breach of a provision of the Contract Documents. §14:22 When any f the-above reasons exist, the Owner,upon certification by the Architect that sufficient cause exists to justify such action;; flay without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contracror.'s surety,if any,seven days' written notice,terminate employment of the Contractor and,tnay,subject to any-ptior 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 assign.ment of.sta�bcontracts pursuant to Section 5.4;and .3> finidt, Work by wha p'Ver 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 theoowner in fimshing the Work. §44.124 When the Owner terms I--the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not beet*4iedto receive f0ther Oymeti until the Work is finished. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived,such excess hall 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 shallcertified by the Architect, upon application,and this obligation for payment shall survive terminauoit 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. The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suWnstonf 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 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. Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be 3� prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 000117582—1 which expires on 5/10/2005,and is not for resale. 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, erminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. §14.4.3 In case of sub 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. AIA Document A201 TM—1997.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be 39 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) RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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: TITLE Cover Existing Conditions EX1.0 Existing Conditions Demolition D1.0 Demolition and TESCP Plan D1.1 Demolition and TESCP Details & Notes Landscape 1-1.0 Grading & Drainage Plan 00800 PAGE 1 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE SUPPLEMENTARY GENERAL CONDITIONS SECTION 00800 L1.1 Grading & Drainage Plan L2.0 Site Layout Plan L2.1 Site Layout Plan L3.0 Planting Plan L3.1 Planting Plan L3.2 Plant Schedule L4.0 Irrigation Plan L4.1 Irrigation Plan L5.0 Site Details L5.1 Site Details L5.2 Site Details L5.3 Site Details L5.4 Site Details L5.5 Site Details L5.6 Site Details L5.7 Drainage Details L5.8 Drainage & Planting Details L5.9 Irrigation Details Structural S1 Structural Details S2 Structural Details S3 Structural Details S4 Structural Details S5 Structural Details 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 Monday, April 24, 2006, at 10:00 a.m. The meeting will convene on site in the parking lot west of the airport south entrance. 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. A Building Permit. Any additional permits, certificates, or agency approvals required for completion of this work are the responsibility of the Contractor. E. ARTICLE 4.3— CLAIMS AND DISPUTES Supplement Article 4.3 with the following: 00800 PAGE 2 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE SUPPLEMENTARY GENERAL CONDITIONS SECTION 00800 4.3.11 Pursuant to the requirements of the General Conditions, the Liquidated Damages for failure to achieve Substantial Completion as required shall be $500.00 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. 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 105 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 00800 PAGE 3 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE MODIFICATIONS TO GENERAL CONDITIONS SECTION 00810 1. TERMS OF MODIFICATIONS AND SUPPLEMENTS A. Where any article of the General Conditions is modified or any Paragraph, Subparagraph, or Clause is modified or deleted by Section 00810 or in the body of the General Conditions, the unaltered provisions of that Article, Paragraph, Subparagraph, or Clause remain in effect. 2. ADDITIONAL MODIFICATIONS AND SUPPLEMENTS A. ARTICLE 11 - INSURANCE AND BONDS 1. Refer to Conditions in Section 00920 and modify where necessary to include these insurance requirements. END OF SECTION 00810 PAGE 1 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE SPECIAL CONDITIONS SECTION 00900 1. COMPLIANCE WITH WAGE RATES AND FILING OF "INTENT TO PAY PREVAILING WAGES" HEREINAFTER CALLED "INTENT" AND "AFFIDAVIT OF WAGES PAID" A. The Contractor and Subcontractors shall comply with 39.12 RCW and amendments "Prevailing Wages on Public Works." For the most recent State Promulgated Wage Rates refer to the website www.lni.wa.gov/prevailingwaae 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. 00900 PAGE 1 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE SPECIAL CONDITIONS SECTION 00900 Copies of the Affidavits shall be provided to the City prior to Final Completion and Final Payment. Each affidavit of wages paid must be certified by the Industrial Statistician of the Department of Labor and Industries before it is submitted. H. All costs and fees for and associated with the "Intent to Pay Prevailing Wages" and "Affidavits of Wages Paid" are to be paid by the Contractor. 2. STATE LICENSING LAW The Contractor agrees to comply with all requirements of Chapter 18.27 RCW. The Contractor agrees and covenants to furnish unto the Owner proper evidence that the Contractor has fully complied with the State Licensing Law of the State of Washington, Chapter 18.27 RCW, and a Contractor's Certificate of Registration shall be in full force 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. 00900 PAGE 2 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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 00900 PAGE 3 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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 2006. Nevertheless,the conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG- providing for construction of Project Name the principal is required to furnish a bond for the faithful performance of the contract; and WHEREAS, the principal has accepted, or is about to accept,the contract, the undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. Principal Surety Signature Signature Title Title END OF SECTION 00910 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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 00920 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE INSURANCE & RELATED REQUIREMENTS SECTION 00920 2. Automobile Liability Bodily Injury/Property Damage $1,000,000 (Each Accident) 3. Workers' Compensation Statutory Benefits - Show Washington Labor & Industries Number 4. Umbrella Liability Each Occurrence Limit $1,000,000 General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 PART 3. ADDITIONAL REQUIREMENTS CONTRACTOR shall Name CITY OF RENTON, and its officers, officials, agents, employees and volunteers as Additional Insureds (ISO Form CG 2010 or equivalent). CONTRACTOR shall provide CITY OF RENTON Certificates of Insurance and copies of policies, if at our sole discretion it is deemed appropriate Further, all policies of insurance described above shall: 1. Be on a primary basis nor contributory with any other insurance coverage and/or self- insurance carried by CITY OF RENTON. 2. Include a Waiver of Subrogation Clause. 3. Severability of Interest Clause (Cross Liability) 4. Policy may not be non-renewed, canceled or materially changed or altered unless forty- five (45) days prior written notice is provided to CITY OF RENTON. Notification shall be provided to CITY OF RENTON by certified mail. An example of an acceptable cancellation clause is as follows: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeay *^ mail 45 days written notice to the certificate holder named to the left. But failure to Fnail 6UGh ROtiGe shall impose no 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. 00920 PAGE 2 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE 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 00920 PAGE 3 DIVISION 1 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE SUMMARY OF WORK SECTION 01010 PART 1 -GENERAL 1.01 Work Covered by the Contract Documents: A. General Description of the Work: The south entrance to Renton Municipal Airport will be renovated per drawings and specifications and includes: 1. Base Bid: All work included in the Contract Documents. 2. The Contract includes the following types of work: a. Demolition and site preparation (TESCP), temporary fencing and traffic control, sod stripping, removal of fences, pavements and curbs. b. Earthwork including hauling of unsuitable soils to dump site on airport property, importation of structural fill, common borrow and topsoil. C. Storm drainage. d. Concrete stairs, walls, curbs, and a monument base. e. Stone masonry. f. Reinstallation of existing chain link fence and gate. g. Paving including poured-in-place concrete, asphaltic concrete, concrete unit pavers, concrete grass grid, and crushed granite. h. Parking lot paint striping and plastic crosswalk striping. i. Site furnishings including handrails, benches, trash receptacles, and traffic signs. j. Irrigation topsoil and planting. k. Maintenance through final acceptance. 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 and described in these documents. C. The Owner will provide specific materials identified in the documents for Contractor installation. D. The Contractor will coordinate his work with the work of the Owner's electrical contractor and installation of the monument. 1.03 LOCATION The work area for the contract is at the intersection of the airport south entrance roadway and Airport Way in Renton, WA. 01010 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE SUMMARY OF WORK SECTION 01010 1.04 ACCESS TO SITE The Contractor shall have access to the construction site by the south entrance to the airport. Contractor, contractor forces and suppliers shall conduct all business through the normal airport entrance. Parking for the Contractor will be in laydown area to be designated by the Owner within 100 yards of the construction site. 1.05 OWNER-FURNISHED MATERIAL a. Salvaged chain link fence and gate. b. Stainless steel sleeve for embedment in monument base. C. 3 columnar basalt pedestal stones and 3 columnar basalt benches. d. Mondo grass sod for base of monument. 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 A. The Contractor shall coordinate its activity with the City of Renton and airport operations staff to minimize interference with City and airport activities. In addition, the Contractor shall carry out work in a manner that does not impact airport operations. All costs associated with coordination of the work shall be considered incidental to the related bid items of work. B. The Contractor shall coordinate site construction activities including site access, parking and lay-down areas with public access to the airport. The Contractor shall keep the entrance and perimeter road open to traffic with minimal time delays and disruptions. C. The Owner will have an electrical contractor on site to install sign and monument lights and reconnect the pedestrian gate. The general is to coordinate and cooperate with the electrical contractor. D. When the monument base has been completed and the concrete has cured the Owner will install the monument. The Contractor is to coordinate the layout of the monument base and the installation of the monument with the Owner. The Contractor is to protect the monument from damage throughout the duration of the Contract. 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 01010 PAGE 2 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE SUMMARY OF WORK SECTION 01010 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 entrance and perimeter roads will experience short duration surges of traffic when Boeing shifts change. END OF SECTION 01010 PAGE 3 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE 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. The respective manufacturer's or manufacturers' standard specification for 01015 PAGE 1 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE SPECIAL PROVISIONS SECTION 01015 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. 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, Olympia, Wa. 98504 ASTM: American Society for Testing & Materials, 1916 Race St., Philadelphia, Pa. AWI: Architectural Woodwork Institute, 13924 Braddock Road, Centreville, Va. 22020 AWS: American Welding Society, 33 West 39th Street, New York, N.Y. 100d18 AWWA: American Water Works Association, 2 Park Avenue, New York, N.Y. 10000 CRSI: Concrete Reinforcing Steel Institute, 38 South Dearborn St., Chicago, 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 DPFA: Douglas Fir Plywood Association, now known as American Plywood Association, P.O. Box 1337, Tacoma, Wash. 98401. 01015 PAGE 2 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE SPECIAL PROVISIONS SECTION 01015 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, lll. 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 breaking of water mains or service pipes and shall be responsible for determining actual locations of public and private utilities in the field and 01015 PAGE 3 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE SPECIAL PROVISIONS SECTION 01015 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 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 01015 PAGE 4 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE SPECIAL PROVISIONS SECTION 01015 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. D. The Contractor further agrees to expedite the prosecution of the work in the area of the project defined by the parking lot on the west, the south entrance road on the east, the perimeter road on the north and Airport Way on the south. It is the Owner's goal to have the work in this area completed in 60 calendar days. Liquidated damages do not however apply to the 60 day completion goal. 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 site as 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.. 01015 PAGE 5 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE SPECIAL PROVISIONS SECTION 01015 Retainage does not relieve the Contractor of any obligations of the contract, nor of any financial obligation which retainage is not sufficient to meet. 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 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. 01015 PAGE 6 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE 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 01015 PAGE 7 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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. 01025 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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. 01025 PAGE 2 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE MEASUREMENT AND PAYMENT SECTION 01025 PART 2 PRODUCTS NOT APPLICABLE PART 3 EXECUTION NOT APPLICABLE END OF SECTION 01025 PAGE 3 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE APPLICATION FOR PAYMENT SECTION 01027 PART GENERAL 1.01 SECTION INCLUDES Submit Application for Payment based upon Schedule of Values previously submitted to and approved by the Owner's Representative. 1.02 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. City of Renton Application for Payment: 1. Fill in required information. a. Include Change Orders approved prior to Application submittal date. b. Fill in summary of dollar values to agree with respective total indicated on any continuation sheets. C. Original signatures on all copies by responsible officer of Contract firm; notarized. B. Continuation Sheets: 1. Totally fill in all schedule component work items. Show item number/scheduled dollar value/item Schedule of Values/01370. 2. Fill in dollar value in each column for each scheduled line item. a. Round off values to nearest dollar/Tally Sheet. b. If no work has been performed, show"O." 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 01027 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE CHANGE ORDERS SECTION 01028 PART 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. 01028 PAGE 1 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE CHANGE ORDERS SECTION 01028 1.04 CHANGE PROCEDURES A. Owner will advise of minor changes in the Work not involving an adjustment to Contract sum or Contract Time as authorized by The General Conditions to the Contract, Paragraph 7.4. B. The Owner's Representative may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change and the period of time during which the requested price will be considered valid. Contractor will prepare and submit an estimate within 5 days. C. The Contractor may propose a change by submitting a request for change to the Owner, describing the proposed change and its full effect of the Work, with a statement describing the reason for the change, and the effect of the Contract/Sum Price and contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. 1.05 CONSTRUCTION CHANGE DIRECTIVE — EMERGENCY CONDITIONS A. Owner may issue a document, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order only under emergency conditions or as authorized by the Owner. B. The document will describe changes in the Work, and will designate method of determining any change in Contract Sum or Contract Time. C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. E. Promptly execute the change in Work. 1.06 UNIT PRICE CHANGE ORDER For pre-determined unit prices and quantities, the Change Order will be executed on a fixed unit price basis. 1.07 EXECUTION OF CHANGE ORDERS Execution of Change Orders: Owner will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. 01028 PAGE 2 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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 01028 PAGE 3 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE REGULATORY REQUIREMENTS SECTION 01060 PART GENERAL 1.01 SECTION INCLUDES A. Comply with all governing laws, ordinances, statutes, rules and regulations, 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 01060 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE MEETINGS SECTION 01200 PART 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 Renton Municipal Airport Control Tower and Offices, 616 West Perimeter Road, Renton, WA 98055. 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. 01200 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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 01200 PAGE 2 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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. 01300 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE SUBMITTALS SECTION 01300 2.04 SAMPLES A. The sample submitted shall be the exact or precise article proposed to be furnished. B. Samples, color chips, finish styles, etc., shall be submitted in sufficient number as to provide the Engineer with alternate choices. 2.05 SUBSTITUTIONS A. The Contract is based on the materials, equipment, and methods described in the contract documents. B. The Engineer will consider proposals for substitutions of materials, equipment, and methods only when such proposals are accompanied by full and complete technical data and all other information required by the Engineer to evaluate the proposed substitution. C. Do not substitute materials, equipment, or methods unless such substitution has been specifically approved in writing for this work by the Engineer. D. Requests for substitutions may be made after award. Such requests shall be accompanied by all technical data and costs, and delivery information. When, in the sole opinion of the Engineer, the product is equal or better in all respects to the product specified, it will be approved subject to contract requirements and the Contractor's assumption of all responsibility therefore. E. After written approval, this submission shall become a part of the Contract, and may not be deviated from except upon written approval of the City. F. Catalog data for equipment approved by the Engineer does not in any case supersede the contract documents. The approval by the Engineer shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless Contractor has in writing called the Engineer's attention to such deviations at the time of the submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the contract documents for deviations and errors. G. It shall be the responsibility of the Contractor to ensure that items to be furnished fit the space available. Contractor shall make necessary field measurements to ascertain space requirements, including those for connections and shall order such sizes and shapes of equipment that the final installation shall suit the true intent and meaning of the drawings and specifications. 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 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 01300 PAGE 2 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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 01300 PAGE 3 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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 work with that of other trades. 4. Union jurisdiction, infringements of patent rights. 5. Possible cause of injury to persons or property. 6. Satisfactory performance of your work, and the like. END OF SECTION 01340 PAGE 1 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE SCHEDULE OF VALUES SECTION 01370 PART 1 -GENERAL 1.01 SECTION INCLUDES A. Within fourteen ( 14 ) days after signing contract and before the first application for first payment is made, submit Schedule of Values typed on referenced AIA documents G702 - 703 or facsimile to Architect. 1. Provide support data for values, if requested. 2. Use Schedule as basis for Application for Payment. 1.03 FORM AND CONTENT OF SUBMITTAL A. Generally follow Project Manual Table of Contents, as the format for listing components: 1. Identify each line item with title of respective major Specification Section. 2. Include in each item a directly proportionate amount of Contractor-'s overhead and profit. 3. For items on which progress payments will be requested for stored materials, break down the cost into: a. The cost of materials, delivered and unloaded. b. Total installed value (less taxes). C. Show Washington Sales Taxes as a separate item. 4. For each line item of installed value exceeding $20,000, show breakdown by major products or operations under each item. 5. Round-off figures to nearest dollar amount. 6. Make sum of total scheduled costs equal to Contract sum. END OF SECTION 01370 PAGE 1 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE QUALITY CONTROL PART GENERAL SECTION 01400 1.01 REQUIREMENTS INCLUDE A. General Quality Control B. Workmanship C. Manufacturer's Instructions D. Testing Laboratory Services 1.02 QUALITY CONTROL, GENERAL A. Maintain quality control over subcontractors and suppliers, manufacturers, products, services, site conditions, delivery schedules, and workmanship, to produce work of specified quality. 1.03 WORKMANSHIP 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 A. Comply with instructions in full detail, including each step in sequence. Should instructions conflict with Contract Documents, request clarification from Architect before proceeding. 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 01400 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE INSPECTIONS&TESTS SECTION 01430 PART1 GENERAL 1.01 SCOPE A. When testing is required, special inspection and laboratory services obtained by the Owner are solely an assurance that Contract Document provisions are met. Results of Owner-procured tests and inspections may be made available to the Contractor as a convenience only. In no way is this to be construed as relieving the Contractor of his obligations to provide materials and workmanship in accordance with the specifications. 1.02 COSTS A. Except as specified elsewhere, the Owner will select and pay for all initial services of the testing laboratory for tests not required by public regulatory authorities. When initial tests indicate non-compliance with the Contract Documents, the costs of initial tests associated with that non-compliance will be deducted by the Owner from the Contract Sum. All subsequent re-testing will be performed by the same testing laboratory and the costs of any test not in compliance will be deducted from the Contract Sum. 1.03 CODE COMPLIANCE TESTING A. Inspections and tests required by codes, ordinances or by a plan approval authority, and made by a legally constituted authority, shall be the responsibility of and shall be paid for by the Contractor, unless otherwise provided in the Contract Documents. 1.04 SUBMITTALS A. Promptly process and distribute all required copies of test reports and related instructions. 1.05 DUTIES OF INSPECTORS AND TESTING SERVICES A. General: Inspection and testing services may be engaged by the Owner for the checking and testing of the following phases of the Work. B. Sitework: 1. Earthwork: Inspect excavations for conformance with specifications. 2. Depth and Class of material: Test surfacing for specified depth and class. 4. Material make-up: Test for compliance with specifications. 1.06 CONTRACTOR'S RESPONSIBILITY A. Notification: 1. Notify Owner's Representative at least 48 hours before inspection will be required. 2. Notify testing laboratory sufficiently in advance of operations (not less than 48 hours) to allow for laboratory assignment of personnel and scheduling of tests. 01430 PAGE 1 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE INSPECTIONS&TESTS SECTION 01430 B. Defective Work: Remove and replace or bring into conformance with the Contract Documents any materials and work found defective by testing and inspection personnel at no additional cost to the Owner. C. Adherence to Schedule: When the testing laboratory is ready to test according to the 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 i 01430 PAGE 2 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS SECTION 01500 PART 1 GENERAL 1.01 REQUIREMENTS INCLUDE: A. Protection of Utilities B. Barriers C. Protection of Property D. Erosion and Sediment Control E. Noise Control F. Automobile Parking G. Pollution Control 1.02 PROTECTION OF UTILITIES A. The Contractor is responsible for location and protection of all existing utilities. The Contractor shall at its own expense carefully protect from injury trees (other than those authorized for removal under clearing operations), building, telephone, telegraph or power and light poles, water lines, conduit, drains, culverts or any other structures and improvements at no cost to the Owner, leaving them in as good condition as they were prior to his interference, determined by the Architect; and the Contractor shall be liable for any damages or claims arising from these interferences with said structures. The Contractor shall make every effort to avoid damage to or breaking of water mains or service pipes and shall be responsible for determining actual locations of public and private utilities in the field and checking with the appropriate agencies involved. The Contractor shall be solely responsible for any damage resulting from his operations. B. The airport and access roads will be open to the public during the Work, and the Contractor will make every effort to avoid disruptions to traffic during construction. 1.03 BARRIERS A. Make provisions to prevent public entry to the site, and to protect existing sidewalks, plantings, and adjacent properties from damage by construction operations. B. Provide temporary fencing as required to prevent public entry into the project area. C. Provide barricades as required by governing authorities for protection of the public in the public right-of-way. Maintain usable sidewalk access as much as practical during demolition operations. D. Provide for maintaining vehicular traffic around site, and prevent spillage of materials on public streets. 01500 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS 1.04 PROTECTION OF PROPERTY SECTION 01500 A. Provide temporary protection of existing improvements in public ROW areas beyond the property lines. Protect improvements from construction traffic and movement of heavy objects. B. Protect during the entire project:: 1. Adjacent structures and sidewalks 2. Trees and shrubs, except those to be removed. C. Repair or replace any damaged items. 1.05 EROSION AND SEDIMENT CONTROL A. Set up temporary erosion control facilities as needed and required to prevent sediments entering into the existing storm water system and River. B. Separate sedimentation from water before discharging into storm system. 1.06 NOISE CONTROL A. Verify with City the allowable noise producing demolition work hours for each day of the week. Comply with local noise ordinances if more stringent than noted herein. B. In addition to the Noise Ordinance requirements, to reduce the noise impact of demolition on nearby properties, limit the hours of demolition to between 7:00 a.m. and 5:00 p.m. 1.07 AUTOMOBILE PARKING A. Workers' automobiles may be parked near the site in the designated staging area near the construction site. 1.08 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by any construction operations. B. Excess dust created during demolition work shall be reduced to a minimum by spraying of water by the demolition contractor. END OF SECTION 01500 PAGE 2 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE ENVIRONMENTAL CONTROLS SECTION 01560 PART GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and other sections of the General Requirements, apply to this work as if specified in this section. 1.02 DESCRIPTION OF WORK 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. 4. Paints, solvents, and other construction materials shall be handled with care to prevent entry of contaminants into storm drains, air, groundwater, surface 01560 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE ENVIRONMENTAL CONTROLS SECTION 01560 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. 3. In the event that the above requirements are violated and no action is taken by the Contractor after notification of infraction by the City, the City reserves the right to have the streets in question cleaned by others and the expense of the operation will be charged to the Contractor. 1.04 FUGITIVE DUST AND AIR POLLUTION CONTROL A. The Contractor shall not discharge smoke, dust, and/or other contaminants into the atmosphere that violate the regulations of any legally constituted authority. The Contractor shall abide by all applicable regulations enforced by the Puget Sound Clean Air Agency. B. The Contractor shall minimize nuisance dust by cleaning, sweeping, vacuum sweeping, sprinkling with water, or other means. The use of water in amounts 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 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 01560 PAGE 2 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE ENVIRONMENTAL CONTROLS SECTION 01560 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: National Response Center, 1-800-424-8802 Washington Emergency Management Division, 1-800-258-5990 Ecology, Southwest Regional Office, 360-407-6300 01560 PAGE 3 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE ENVIRONMENTAL CONTROLS SECTION 01560 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. 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. 01560 PAGE 4 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE ENVIRONMENTAL CONTROLS SECTION 01560 PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION 01560 PAGE 5 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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. 01570 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE 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 01570 PAGE 2 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE 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 Consultant. 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 5 days after Notice to Proceed has been issued. Requests received more than 5 days after commencement of the Work may be considered or rejected at the discretion of the Owner. 01630 PAGE 1 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE PRODUCT SUBSTITUTIONS SECTION 01630 1. Submit 3 copies of each request for substitution for consideration. 2. Identify the product, or the fabrication or installation method to be replaced in each request. Include related Specification Section and Drawing numbers. Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate: a. Product Data, including Drawings and descriptions of products, fabrication and installation procedures. b. Samples, where applicable or requested. c. A detailed comparison of significant qualities of the proposed substitution with those of the work specified. Significant qualities may include elements such as size, weight, durability, performance and visual effect. d. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by the Owner and separate Contractors, that will become necessary to accommodate the proposed substitution. e. A statement indicating the substitution's effect on the Contractor's Construction Schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall Contract Time. f. Cost information, including a proposal of the net change, if any in the awarded Contract Price. g. Certification by the Contractor that the substitution proposed is equal to or better in every significant respect to that required by the Contract Documents, and that it will perform adequately in the application indicated. Include the Contractor's waiver of rights to additional payment or time, that may subsequently become necessary because of the failure of the substitution to perform adequately. 3. Owner's Representative Action: Within one week of receipt of the request for substitution, the Owner's Representative will request additional information or documentation necessary for evaluation of the request. Within 2 weeks of receipt of the request, or one week of receipt of the additional information or documentation, which ever is later, the Owner's Representative will notify the Contractor of acceptance or rejection of the proposed substitution. If a 01630 PAGE 2 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE PRODUCT SUBSTITUTIONS SECTION 01630 decision on use of a proposed substitute cannot be made or obtained within the time allocated, use the product specified by name. Acceptance will be in the form of a Change Order. PART 2 PRODUCTS 2.01 SUBSTITUTIONS A. Conditions: The Contractor's substitution request will be received and considered by the Owner's Representative when one or more of the following conditions are satisfied, as determined by the Owner; otherwise requests will be returned without action except to record non-compliance with these requirements. 1. Extensive revisions to Contract Documents are not required. 2. Proposed changes are in keeping with the general intent of Contract documents. 3. The request is timely, fully documented and properly submitted. 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 Consultant for redesign and evaluation services, increased cost of other construction by the Owner or separate Contractors, and similar considerations. 8. The specified product or method of construction cannot be provided in a manner that is compatible with other materials, and where the Contractor certifies that the substitution will overcome the incompatibility. r 01630 PAGE 3 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE PRODUCT SUBSTITUTIONS SECTION 01630 9. The specified product or method of construction cannot be coordinated with other materials, and where the Contractor certifies that the Proposed substitution can be coordinated. 10. The specified product or method of construction cannot provide a warranty required by the Contract documents and where the contractor certifies that the proposed substitution provide the required warranty. 11. The Contractor's submittal and Consultant's acceptance of Shop Drawings, Product Data or Samples that relate to construction activities not complying with the Contract Documents does not constitute an acceptable or valid request for substitution, nor does it constitute approval. PART 3 EXECUTION NOT APPLICABLE END OF SECTION 01630 PAGE 4 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE PROJECT CLOSE-OUT PART 1 GENERAL SECTION 01700 1.01 SCOPE A. At or near completion of construction of the project, certain items, or work and submittals as specified elsewhere, are required prior to the Owner's acceptance and final payment for the project which include, but are not limited to, the following; and as outlined in Paragraph 1.10 of this Section. 1.02 CLEANUP A. Exterior Surfaces: Remove construction equipment and temporary facilities from premises; clean and disinfect areas occupied by sanitary conveniences; remove temporary connection to services and restore to "original" condition. Remove all construction debris and excess materials. Complete all final maintenance requirements and leave all pavements within the limits of work in a broom clean condition. 1.03 GUARANTEES A. Provide one year warranty in writing. B. Guarantees and warranties shall begin at the time specified in the Architect's letter of substantial completion. 1.04 PROJECT RECORD A. The contractor is to mark set of drawings to show accurate measurements of all underground and hidden utilities and services related to the project; record all changes of direction and locations and dimensions and elevations. Clearly mark set as "Record Documents: Contractors' Set" and maintain in good condition, available at all times for inspection by Architect and not used for construction purposes. Upon completion of the project and before final payment, the Contractor shall forward the Record Documents showing clearly all "as-built" notations including dimensions to accurately locate all of the above including changes, to the Architect. The recording of information is the responsibility of the Contractor and shall be done at no additional cost to the Owner. 1.05 OPERATION & MAINTENANCE DATA A. General Building Manual: Furnish 3 finished copies of manual listing Contractor and subcontractors, including addresses and telephone numbers and name of contact person, all materials installed in the irrigation system. Include manufacturer's and suppliers' names, addresses, phone numbers, contact persons, and model numbers; all pertinent data required for replacement ordering or duplication at later date; list in order of how specified on typewritten 8-1/2 x 11 inch pages. Bind in hardback, cloth- covered binding with name of project, date of completion and acceptance and Architect's name, address and telephone number imprinted on cover. Deliver to Architect at time of acceptance of the work. 01700 PAGE 1 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE PROJECT CLOSE-OUT SECTION 01700 1.06 FINAL INSPECTION A. In accordance with the General Conditions, and after receipt of written notice that the work is ready for final inspection and acceptance and receipt of the final application for payment, the Architect will make such inspection in the presence of the Contractor and Owner and furnish the Contractor with a "Punch List" of any items found incomplete or not in conformance with the contract documents. The Contractor shall remedy such defects within 30 days of his receipt of the list and the Architect will make one subsequent inspection of the work. B. Should correction not be made within the allotted 30 days and should additional inspections of the work be required due to failure of the Contractor to remedy defects listed, the Contractor shall pay to the Owner the cost of any additional Engineer's construction management costs on their published per hour rate of the actual cost of the expenses, plus travel expenses by private automobile at the rate of 32.0 cents per mile. Such sum shall be deducted from the Contractor's final payment. When the Architect finds the work acceptable under the final certificate for payment stating that, to the best of his knowledge, information and belief, and the basis of his observations, the work has been completed in accordance with the terms and conditions of the contract documents, then the entire balance found to be due to the Contractor, and noted in said final certificate less amounts indicated above, is due and payable in accordance with the General Conditions. 1.07 CORRECTION OF WORK DURING GUARANTEE PERIOD A. Corrections: Where items on the Architect's "Punch List" have not been corrected prior to expiration of the specified guarantee period, it shall nevertheless be the responsibility of the Contractor to permanently correct said items after the specified guarantee period, and the Contract shall not be fully performed until such permanent corrections are made. B. Guarantee Period: All corrective work performed by the Contractor in remedying defective work during the guarantee period following the Owner's acceptance of the project shall be subject to the same guarantee requirements of the original work for a period as specified for the original work, from the date of completion of the corrective work. Further, the Contractor shall pay to the City for the Architect the amounts noted in paragraph 1.06 for inspections to assure performance of remedial work in accordance with Contract Documents. Such payment shall be immediately reimbursed to the Architect upon receipt by the Contractor of an itemized billing. 1.08 PROJECT CLOSE-OUT PROCEDURES CHECKLIST: RESPONSIBILITY The contractor shall provide those OF. items so specified as his responsibility. Architect 1. Preliminary Punch List Owner 2. Beneficial Occupancy 01700 PAGE 2 RENTON MUNICIPAL AIRPORT-SOUTH ENTRANCE PROJECT CLOSE-OUT SECTION 01700 RESPONSIBILITY The contractor shall provide the OF. items so specified as his responsibility. Owner 3. Beneficial Occupancy or Final Contractor 4. Acceptance, accept responsibility for: a. Insurance b. Utilities Architect 5. Final Punch List Contractor 6. 100% Completion of Specification Requirements a. Clean-up b. Guarantees & Warranties C. Test Results d. As-Built Dwgs. by Contractor e. Maintenance & Instruction Manuals f. Keying Schedules Contractor 7. Final Billing/100% (all items complete) Contractor 8. State Tax Release & Certificate of Payment of B&O Tax. Contractor 9. Intent to pay Labor and Industries a. Applied for by Contractor on b. Received on Architect 10. Acceptance of Work Letter Owner 11. City Council Final Acceptance Owner 12. Final Acceptance Letter (identifying warranty date) Owner 13. Lien Documentatin-45 days after Final Acceptance a. Certification of No Liens Contractor 14. Cert. of Occupancy issued by Permit Agency Contractor 15. Final Affidavit of Wages Paid Contractor 16. Dept. of Labor & Industries a. Insurance Release b. Workman's Compensation Release 01700 PAGE 3 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE PROJECT CLOSE-OUT SECTION 01700 RESPONSIBILITY The contractor shall provide the OF. items so specified as his responsibility. Contractor 17. Affidavit of Payment of Debts and Claims (AIA G706) Contractor 18. Affidavit of Release of Liens (AIA G706A) Contractor 19. Certificate of State Sales Taxes Paid Contractor 20. Consent of Surety to Final Payment (AIA G707) Owner 21. Notice of Completion &Acceptance (Exec. Sig.) Owner 22. Processing of Retainage Payment begins a minimum of 45 days following date of Final Acceptance a. After Certification of Compliance is filed b. After Release from State Dept of Labor& Industries c. After Release from State Employment Security Dept d. After Release from State Dept of Revenue e. After Receipt of all approved Affidavit Wages Paid from Contractor 1.09 CERTIFICATE OF COMPLIANCE A. No final payment shall be made until the Contractor shall file with the City of Renton prior to acceptance of the work, a Certification of Compliance and release of liens in forms substantially as follows: 1. 1 (we) hereby certify that all work has been performed and materials supplied in accordance with the plans, specifications and contract documents for the AIRPORT ENTRANCE REHABILITATION PROJECT — SOUTH ENTRANCE, and that: (a) Not less than the prevailing rates of wages as ascertained by the governing body of the contracting agency has been paid to laborers, workmen and mechanics employed on this work; 01700 PAGE 4 RENTON MUNICIPAL AIRPORT—SOUTH ENTRANCE PROJECT CLOSE-OUT SECTION 01700 (b) There have been no unauthorized substitutions of subcontractor; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the Architect prior to the start of such subcontracted work; (c) No subcontract was assigned or transferred or performed by any subcontractor other than the original subcontractor, without prior notice having been submitted to the Architect together with the names of all subcontractors; (d) All claims for material and labor and other services performed in connection with the contract documents have been paid; and for those claims for which liens have been filed, a release of lien has been filed with the Owner; (e) All moneys due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund, the State Department of Revenue, hospital associations and/or others have been paid; (f) The nature and source of all off-shore items in excess of Two Thousand Five Hundred Dollars ($2,500.00) utilized in the performance of this project have been reported; (g) All provisions of nondiscrimination as called for in the contract documents have been complied with. 1.10 FINAL APPLICATION FOR PAYMENT A. Submit final Application for Payment in accordance with procedures and requirements of Owner. 1. Submit"Affidavit of Wages Paid" from Contractor and all subcontractors. 2. Lien waiver from General Contractor for entire contract. 3. Proof of Payment of taxes from the State Dept of Revenue END OF SECTION 01700 PAGE 5 DIVISION 2 SECTION 02200 CLEARING, DEMOLITION &SITE PREPARATION PART 1 -GENERAL 1.01 RELATED DOCUMENTS A. Drawings, Division 0 apply to this Section. 1.02 SUMMARY A. This Section includes the following: 1. Furnish all labor, equipment and materials necessary for demolition and site preparation as specified herein and shown on the drawings, including but not limited to: a. Removal: Removal of various existing items on site not designated for preservation including but not limited to wood and chain link fencing, signs, irrigation, light fixtures, grass, sod; concrete footings; concrete curb; asphaltic and concrete pavement; and miscellaneous debris. b. Preservation and protection: Including but not limited to asphalt, concrete pavement, irrigation, signs, street lighting, hydrants, traffic control system, drainage structures and other utilities not designated for removal or disturbance. C. Erosion Control: Provide temporary measures as necessary and specified and as shown on the demolition and TESC drawing. d. Stockpiled materials: Contractor may stockpile materials within the limits of work and staging area. Cover and protect as necessary to prevent erosion of materials per TESC drawing and this Specification. If stockpiling area is needed outside the limits of work, the Contractor shall obtain Owner approval for exact location of stockpiles prior to importation or stockpiling of on-site materials. Contractor shall replace any pavement and turf areas damaged by stockpiling activity per specification and at contractor's expense. e. Salvage: Specific items are designated on the demolition plan for salvage and reuse on this project or salvage and stockpile for Owner pickup. f. Erosion Control: Provide temporary measures as necessary and as specified and shown on the plans. Take all measures necessary to ensure that no sediment-laden water enters the storm drainage system. B. Related Sections include the following: Section 02300 Earthwork Section 02730 Granular Surfacing Renton Municipal Airport—South Entrance Renton, Washington Clearing, Demolition &Site Preparation 02200- 1 Construction Documents MacLeod Reckord 1.03 CONDITIONS A. Protection: 1. Use all means necessary to protect existing objects to remain and, in the event of damage, immediately make all repairs and replacements necessary to the approval of the Owner at no additional cost to the Owner. 2. Install temporary chain link fencing to secure the perimeter of the airport during fence demolition and wall construction. 3. Barriers, Safety Guard, and Warning Lights: Provide for and coordinate protection as required by law and ordinances restricting noise, dust, street cleaning, street use, restricted construction hours, etc. Coordinate with Owner. B. Salvage: All items removed as a part of this Contract shall become the property of the Contractor unless indicated otherwise. Remove same from site or stockpile specified materials on site for Owner pickup or reuse on this project. 1. Existing chain link fence and pedestrian gate: all removed portions of the existing fencing and pedestrian gate are to be salvaged and stockpiled for Owner pickup or reuse on this project including the electronic lock and gate closer. 2. Existing mailbox is to be removed from existing pedestal and stockpiled for reinstallation on this project. Existing pedestal is to be stockpiled for Owner pickup. 3. Stop sign is to be removed and stockpiled for reuse on this project. 4. Topsoil is to be stockpiled for reuse. 5. Suitable excavated soils are to be stockpiled for use as common borrow on this project. C. Limits of the Work: Any area not specifically shown for work shall be assumed to be beyond the Limits of Work and shall be protected against damage or alteration. Any scarring which occurs shall be restored to its original condition by the Contractor at no cost to the Owner. No demolition materials of any kind may be disposed of on the site outside the Limits of Work. Flag tree to be removed for approval prior to commencing work. See Earthwork Section for airport disposal site for excess cut and unsuitable soils. Coordinate limits of contractor staging area north of perimeter fence. D. Permits, Ordinances, etc. Comply with all applicable Federal, State, County and local ordinances and regulations. E. Temporary Erosion and Sedimentation Control: Install prior to commencement of work in this section. Provide and maintain throughout the construction duration all measures shown on the drawings and/or required by City of Renton to ensure the protection of existing and proposed utilities, adjacent properties, improvements provided by this contract and existing amenities. 1. Where possible, temporarily maintain natural vegetation to minimize erosion. 2. All required temporary sedimentation/erosion control facilities must be constructed and in operation prior to land clearing and/or other Renton Municipal Airport—South Entrance Clearing, Demolition & Site Preparation Renton, Washington 02200-2 Construction Documents MacLeod Reckord construction to ensure that sediment-laden water does not enter into the storm drain. As construction progresses and unexpected (seasonal) conditions dictate, more siltation control facilities may be required to ensure complete siltation control on the proposed project. Therefore, during the course of construction, it shall be the obligation and responsibility of the Contractor to address any new conditions that may be created by his activities and to provide additional facilities, over and above the minimum requirements, as may be needed to protect the streets and adjacent properties outside the Limit of Work. 3. The implementation, maintenance, replacement and additions to erosion/sedimentation control systems shall be the responsibility of the Contractor. 4. Keep streets and staging area clean. 5. Contractor shall inspect all erosion control facilities to ensure adequacy. Inspections shall be conducted at the end of each work day, during construction at least once a week, if construction is interrupted and after each rainfall. E. Dust Control: Use all means necessary to prevent the spread of dust during performance of the work of this section. Moisten all surfaces as required to prevent dust from becoming a nuisance to the public, neighbors and concurrent performance of other work on the site. PART 2- PRODUCTS 2.01 FILL MATERIAL A. Fill required for voids, holes or trenches left by footing, slabs, root removal, etc., shall be select non-organic fill material as specified in Section 02300, EARTHWORK. 2.02 EROSION AND SEDIMENTATION CONTROL A. Provide products necessary to meet requirements indicated in Paragraph 1.03 E, and as shown on the drawings. B. Provide Product Data: The Contractor is to submit manufacturer's technical product data and installation instructions for temporary erosion and sediment control materials and products. PART 3 - EXECUTION 3.01 PREPARATION A. Notification: Notify the Owner's Representative prior to commencing the work of this section. B. Site Inspection: Renton Municipal Airport—South Entrance Clearing, Demolition & Site Preparation Renton, Washington 02200-3 Construction Documents MacLeod Reckord 1. Inspect the entire site and all objects designated to be removed and to be preserved. 2. Contact all utility providers to locate their existing utilities on the site. Call before you dig: 1- (800)424-5555. 3. Determine all requirements for removal, disconnecting, capping, and/or preserving and protecting active irrigation and other utility lines on site including the preservation and continuous operation of the street lights and traffic control systems. 3.02 PROTECTION A. Barricade and cover as necessary. B. Traffic Control: Keep a minimum of two lanes of traffic open and functioning through the project site at all times. Conduct operations so as not to interfere with airport way. Provide all temporary signs, signals, cones, barricades or fiaggers necessary to maintain traffic flows in a safe and efficient manor. 3.03 DEMOLITION OF STRUCTURES AND PAVEMENTS A. Demolish all structures, footings, curbs, pavements, base material, rubble etc. designated for demolition, and dispose of debris. Remove structures, etc. to below where they interfere with proposed finish grades, utilities or other underground improvements. B. Fill voids left by removed structures with specified fill. Bring to compacted, smooth and even grade conforming to surrounding grade. 3.04 METHODS A. Burning of removed materials will not be permitted on site. B. Use of explosives not permitted. 3.05 CLEARING AND GRUBBING A. Sod: Strip to a depth of 2" and remove and legally dispose of sod. B. Strip Topsoil: Strip and stockpile topsoil for use as common fill in new plant bed areas. 3.06 DISPOSITION OF REMOVED MATERIAL A. All material removed under this Contract which is not to remain the property of the Owner shall become the property of the Contractor. Do not store or permit debris to accumulate on the site. B. No On Site Disposal: No organic or inorganic debris except approved soils shall be disposed of on site within the Limits of Work. See 02300 Earthwork for approved airport fill site for approved excess excavations. Renton Municipal Airport—South Entrance Clearing, Demolition & Site Preparation Renton,Washington 02200-4 Construction Documents MacLeod Reckord 3.07 BACKFILL A. Use approved backfill as specified in voids created by demolition work. Fill and compact per Section 02300 EARTHWORK. 3.08 CLEAN UP A. On completion of demolition work, leave the property and adjacent areas clean and satisfactory to the Owner. END OF SECTION Renton Municipal Airport—South Entrance Clearing, Demolition & Site Preparation Renton, Washington 02200-5 Construction Documents MacLeod Reckord SECTION 02300 EARTHWORK PART 1 -GENERAL 1.01 SUMMARY A. Section Includes: 1. Excavation and grading. 2. Subgrade preparation. 3. Backfilling of site utilities, trenches, and appurtenances. B. Related Sections: 1. Section 02100— Erosion and Sedimentation Control 2. Section 02200—Clearing, Demolition and Site Preparation 3. Section 02900— Planting 1.02 DEFINITIONS A. Excavation: Consists of removal of material encountered to subgrade elevations indicated and subsequent use or disposal of materials removed. B. Structural Fill: Consists of imported or select on site excavation, fill placed beneath pavements, walls, curbs and structural footings. C. Bearing Soil: Consists of native, undisturbed granular soils which are compacted to at least 90 percent of ASTM D 1557 and are in a firm and non yielding condition. 1.03 SUBMITTALS A. Comply with requirements of Division 1. B. Product Data: Each type of plastic warning tape; filter fabric. C. Require testing service to submit reports directly to Architect, with copy to Owner's Representative and Contractor. 1. Test reports on borrow material, subgrades at base of excavation, and all fill material. 2. Field density test reports for walls, curbs and concrete pavement. 3. One optimum moisture-maximum density curve for each type of soil encountered. 4. Report of actual unconfined compressive strength, results of bearing tests of each strata tested. 1.04 QUALITY ASSURANCE A. Perform work in compliance with applicable requirements of WSDOT/APWA Standard Specifications for Road, Bridge and Municipal Construction, most current edition, and with applicable requirements of governing authorities having jurisdiction. Renton Municipal Airport—South Entrance Earthwork Renton, Washington 02300- 1 Construction Documents MacLeod Reckord B. Owner will employ an independent certified geotechnical civil engineering firm to perform soil testing and inspections for quality control. 1. Testing firm will be approved by code enforcement authorities and by Owner prior to commencing work. 2. Distribute copies of test results to Owner, Architect, and Contractor. 3. Maintain copy of test results for review in Project Field Office. 1.05 TESTING STANDARDS A. Compaction Density: ASTM D 1557. B. In-place Soil Density: 1. ASTM D 2922, nuclear densometer. 2. ASTM D 1556, sand cone. 3. ASTM D 2167, rubber balloon. C. Gradation Test: ASTM D 422 PART 2 - PRODUCTS 2.01 STRUCTURAL FILL A. Imported fill material as required beneath the proposed monument base, walls, paved and crushed granite surfaced areas shall consist of granular soils conforming to gradation requirements for Gravel Borrow per Section 9-03.14(1) of the Standard Specifications. B. Excavated on site soils may be used as structural fill if the gradation meets the specification noted for gravel borrow. C. Protect completed fills from erosion, softening, saturation, and disturbance during wet conditions. Replace fills which are degraded. D. It is the sole responsibility of the Contractor to protect existing ground, prepared subgrade, and any stock piled material from inclement weather, surface runoff, construction traffic and other conditions that may preclude the re-use of the material. 2.02 COMMON BORROW A. Soil required for achieving designated subgrades in lawn and plant bed areas will include approved on site and imported soils free of rocks, roots, sticks or other deleterious materials. Stripped topsoils, organic or otherwise unsuitable soils may be used as subgrade in lawn and plant bed areas. 2.03 PIPE BEDDING A. Flexible Pipe: Renton Municipal Airport—South Entrance Earthwork Renton, Washington 02300-2 Construction Documents MacLeod Reckord Bedding material shall consist of clean, granular manufactured pea gravel in compliance with the following gradation by weight. Percent Sieve Size Passing by Weight 3/4 inch 100 3/8 inch 70-100 No. 4 55-100 No. 10 35-95 No. 20 20-80 No. 40 10-55 No. 100 0-10 No. 200 0-3 Sand Equivalent 35 Minimum 2.04 ENGINEERING FABRICS A. Pavement Fabric: Not required unless directed by the Owner's Representative. Do not include pavement fabric in lump sum bids. PART 3 - EXECUTION 3.01 EXCAVATION A. Explosives: Do not use explosives. B. Unclassified Excavation: Excavation is unclassified and includes excavation of subgrade to bottom of structural elements regardless of character of materials and obstructions encountered. C. Earth excavation includes excavations of pavements and other obstructions visible on surface; underneath structures, utilities, and other items indicated to be demolished and removed; together with earth and other materials encountered that are not classified as rock or unauthorized excavation. D. Unauthorized Excavation: 1. Unauthorized excavation consists of removal of materials beyond indicated bearing soils or subgrade elevations or dimensions without specific direction of Owner's Representative. 2. Unauthorized excavating and subsequent remedial work directed by Owner's Representative shall be at Contractor's expense. a. Under curbs and retaining walls: Fill by extending indicated bottom elevation of footing or base to excavation bottom without altering required top elevation. b. Elsewhere: Backfill and compact as specified for authorized excavations of same classification unless otherwise directed by Owner's Representative. Renton Municipal Airport—South Entrance Earthwork Renton, Washington 02300-3 Construction Documents MacLeod Reckord E. Authorized Excavation: 1. When excavation has reached required subgrade elevations, notify Owner's Representative. 2. If unsuitable bearing materials are encountered at required subgrade elevations, carry excavations deeper and replace excavated material as directed by Owner's Representative. 3. When over-excavation to a designated bearing soil is required, the soils engineer or an approved representative shall be onsite to verify bearing soil. 3.02 STABILITY OF EXCAVATIONS A. Excavating for Structures: 1. Conform to elevations and dimensions shown within tolerance of plus or minus 0.10 Foot. 2. Extend excavations sufficient distance from foundations to permit placing and removing concrete formwork, installing services, and inspecting. 3. Take care not to disturb bottom of excavation. 4. Excavate by hand, or with machines equipped with toothless buckets, to final grade just before concrete reinforcement is placed. 5. Trim bottoms to required lines and grades to leave solid base to receive other work. B. Shoring and Sheeting: Excavations shall be sufficiently laid back or shored and sheeted with members of sizes and arrangement sufficient to prevent injury to persons, damage t structures, injurious caving and erosion. Shoring, sheeting, and bracing shall be removed as the excavations are backfilled. Care shall be exercised to prevent caving during the removal of the shoring and/or sheeting. 3.03 DEWATERING A. Prevent surface water and subsurface or ground water from flowing into excavations and from flooding project site and surrounding area. 1. Do not allow water to accumulate in excavations. 2. Remove water to prevent softening of foundation bottoms, undercutting footings, and soil changes detrimental to stability of subgrades and foundations. 3. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations. 4. Establish and maintain temporary drainage ditches and other diversions outside excavation limits to convey rain water and water removed from excavations to collecting or run-off areas. Do not use trench excavations as temporary drainage ditches. 3.04 STOCKPILING MATERIALS A. Stockpile excavated materials that meet requirements of structural fill until required for backfill or fill. Renton Municipal Airport—South Entrance Earthwork Renton, Washington 02300-4 Construction Documents MacLeod Reckord 1. Locate and retain soil materials away from edge of excavation. 2. Place, grade, and shape stockpiles for proper drainage. 3. Dispose of excess soil material and waste materials on or offsite in legal manner. The Owner has designated an approved fill site within the airport boundaries which may be used by the Contractor to dispose of excess soil. Owner will identify specific site. 4. During seasons of inclement weather, Contractor may have to cover stockpiled soils with plastic. 3.05 BACKFILL AND FILL A. Place and compact acceptable soil material in layers to required subgrade elevations. 1. Use structural fill material under monument base, walls, concrete slabs, curbs and pavements. B. Backfill excavations as promptly as work permits, but not before completion of the following: 1. Acceptance of construction below finish grade. 2. Inspection, testing approval, and recording locations of underground utilities have been performed and recorded. 3. Removal of concrete formwork. 4. Removal of shoring and bracing, and backfilling of voids with satisfactory materials. 5. Removal of trash and debris C. Utility Trench Backfill: 1. Coordinate backfilling with utilities testing. 2. Fill voids with approved backfill materials as shoring and bracing and sheeting are removed. 3. Place and compact final backfill of satisfactory soil material to final subgrade. D. Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. E. When existing ground surface has a density less than that specified under COMPACTING for particular area classification, break up ground surface, pulverize, moisture condition to optimum moisture content, and compact to required depth and percentage of maximum density. F. Place backfill and fill materials in layers not more than 8 inches loose depth for material compacted by heavy compaction equipment, and not more than 4 inches loose depth for material compacted by hand operated tampers. 1. Before compaction, moisten or aerate each layer as necessary to provide optimum moisture content. 2. Compact each layer to required percentage of maximum dry density or relative dry density for each area classification. 3. Place backfill and fill materials evenly adjacent to structures and piping, and conduit to required elevations. Take care to prevent wedging action Renton Municipal Airport—South Entrance Earthwork Renton, Washington 02300-5 Construction Documents MacLeod Reckord of backfill against structures by carrying material uniformly around structure to approximately same elevation in each lift. 3.06 COMPACTING A. Control soil compaction during construction providing minimum percentage of density specified for each area classification indicated below. B. Compact soil to not less than following percentages of Modified Proctor maximum dry density determined in accordance with ASTM D 1557: 1. Structural Fill Below On-grade Slabs, Below walls, monument base, curbs and pavements: 95 percent. 2. Fill More Than 2 Feet Deep Below Final Pavement Subgrade Elevation: 90 percent. 3. Subgrades that are cut to grade should be compacted to a firm and unyielding condition. 4. Common backfill in planted areas: 90 percent. C. Where subgrade or layer of soil material must be moisture conditioned before compacting, uniformly apply water to surface of subgrade or layer of soil material to prevent free water appearing on surface during or subsequent to compacting operations. Mix added water into soils by either discing, tilling, or other acceptable means. D. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. E. Soil material that has been removed because it is too wet to permit compaction may be stockpiled or spread and allowed to dry. Assist drying by discing, harrowing, or pulverizing until moisture content is reduced to satisfactory value. 3.07 ENGINEERING FABRICS A. If directed by the Owner's Representative, place engineering fabric in accordance with requirements of APWA Standard Specifications for its type and intended use. Do not include cost of fabric placement in lump sum bid. 3.08 GRADING A. General: Uniformly grade areas within limits of grading under this Section, including adjacent transition areas. 1. Smooth finished surface within specified tolerances. 2. Compact with uniform levels or slopes between points where elevations are indicated, or between such points and existing grades. 3. Blend surface grades together at abrupt changes in levels. B. Lawn or Unpaved Areas: Finish areas to receive topsoil within not more than 0.10 foot above or below required subgrade elevations. C. Finish surfaces free from irregular surface changes. Renton Municipal Airport—South Entrance Earthwork Renton, Washington 02300-6 Construction Documents MacLeod Reckord D. Walks: Shape surface of areas under walks to line grade, and cross-section, with finish surface not more than 0.10 foot above or below required subgrade elevation. E. Compaction: After grading, compact subgrade surfaces to the depth and indicated percentage of maximum or relative density for each area classification. 3.09 FIELD QUALITY CONTROL A. Quality Control Testing During Construction: Allow testing service to inspect and approve subgrades and fill layers before further construction work is performed. B. Perform field density tests in accordance with ASTM D 1556 or ASTM D 2167 or ASTM D 2922 as applicable. C. During utility trench backfilling, perform minimum of one test every 100 feet for each 8- inch lift. D. In each compacted fill layer, make at least one field density test for every 3,000 SF of paved area, but in no case less than three tests. E. If in opinion of Architect, based on testing service reports and inspection, placed subgrade or fills are below specified density, provide additional compaction and testing at no additional cost. F. Test results shall be submitted daily. Include test locations and elevations accurate within 1 foot vertically and 5 feet horizontally. 3.10 PROTECTION AND MAINTENANCE A. Protect newly graded areas from traffic and erosion. Keep free of trash and debris. B. Repair and reestablish grades in settled, eroded, and rutted areas to specified tolerances. C. Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify surface, reshape, and compact to required density. D. Where settling is measurable or observable at fill areas during general project warranty period: 1. Remove surface (concrete pavement or other finish), add backfill material, compact, and replace surface treatment. 2. Restore appearance, quality, and condition of surface or finish to match adjacent work, and eliminate evidence of restoration to greatest extent possible. 3.11 DISPOSAL OF EXCESS AND WASTE MATERIALS A. Remove waste materials, including unacceptable and excess excavated material, trash, and debris from Owner's property except excavated material as allowed for in 3.04 A. 3. Renton Municipal Airport—South Entrance Earthwork Renton, Washington 02300-7 Construction Documents MacLeod Reckord B. Dispose of all materials in a lawful manner. END OF SECTION Renton Municipal Airport—South Entrance Renton, Washington 02300-8 Earthwork Construction Documents MacLeod Reckord SECTION 02630 STORM DRAINAGE PART 1- GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to work of this section. 1.02 SUMMARY A. Storm Drainage: This Section includes but is not limited to the following: 1. New storm drainage system piping and appurtenances connected to the existing storm system. 2• Work includes connection and cleanouts as indicated on drawings. B. Key Abbreviations: The following Abbreviations apply to this Section. CB Catch Basin CO Cleanout PVC Polyvinyl Chloride Pipe YD Yard Drain CPP Corrugated Perforated Polyethylene Drain Tubing C. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 2 Section "Earthwork" for materials and methods of trench excavation and backfill made part of the work of this Section. 1.03 QUALITY ASSURANCE A. Installer's Qualifications: Firm with at least 3 years of successful installation experience on projects with storm drainage work similar to that required for project. B. Environmental Compliance: Comply with applicable portions of local Environmental Agency regulations pertaining to storm drainage systems. 1.04 SUBMITTALS A. Product Data: Submit manufacturer's technical product data and installation instructions for storm drainage system materials and products. B. Record Drawings: At project closeout, submit record drawings of installed storm drainage piping and products, in accordance with requirements of Division 1. C. Construction Changes Require Prior Approval: All construction changes revising the plan concept shall receive prior approval by the Owner's Representative before Renton Municipal Airport—South Entrance Storm Drainage Renton, Washington 02630- 1 Construction Documents MacLeod Reckord construction in the field. Approval may require submittal of design calculations or additional information to justify the required change. PART 2 - PRODUCTS 2.01 IDENTIFICATION LINE MARKER A. Underground-Type Plastic Line Marker: Manufacturer's standard permanent, bright- colored, continuous-printed plastic tape, intended for direct-burial service; not less than 6 inches wide by 4 mils thick. Provide green tape with black printing reading "STORM". B. Manufacturer: Subject to compliance with requirements, provide identification markers of one of the following: Lineguard Type II Detectable Or approved equal 2.02 PIPES AND PIPE FITTINGS A. General: Provide pipes of one of the following materials, of weigh/class indicated. Provide pipe fittings and accessories of same material and weight/class as pipes, with joining method as indicated. B. Corrugated Perforated Polyethylene Pipe (CPP): 1. ADS or approved equal of the sizes indicated and conforming to Soil Conservation Service National Engineering, Standard and Specification Guide for Tile Drain, Code#606. Pipe shall be flexible with circumferential ribbing for maximum strength. Perforations shall have a total minimum inlet area of 0.125 square inches per square foot of tubing. 2. Fittings shall be made by the same manufacturer as the pipe and shall be the "snap-on" type. C. Polyvinyl Chloride (PVC) Pipe: ASTM D 3033, Type PSP, SDR 35, or ASTM D 3034, Type PSM, SDR 35. 1. Fittings: PVC, ASTM D 3034, solvent cement joints Complying with ASTM D 2855, using solvent cement Complying with ASTM D 2564, or electrometric joints Complying with ASTM D 3212, using electrometric seals Complying with ASTM F 477. 2.03 CLEAN OUT (CO): PVC with screw type top fitting. 2.04 DRAINAGE STRUCTURES A. Type I Catch Basin (CB): Type I catch basin shall be pre-cast APWA Type I and conform to WSDOT Standard Plan B-1. Renton Municipal Airport—South Entrance Storm Drainage Renton, Washington 02630-2 Construction Documents MacLeod Reckord B. Yard Drains (YD): Pre-cast concrete inlet per WSDOT Standard Plan B-26 with frame and vaned grates. 2.05 PIPE BEDDING A. Corrugated-Perforated Pipe (CPP) Drainage Aggregate: 1. Aggregate used as a backfill at the 4" diameter lateral drain lines shall be 1/8" - 5/16"washed pea gravel. 2.06 CRIBBING AND SHEETING A. General: Provide all cribbing and sheeting needed to protect the work, existing property, utilities, etc. to provide safe working conditions in the trench and to comply with applicable safety codes. PART 3 - EXECUTION 3.01 INSTALLATION OF IDENTIFICATION A. During back-filling/top-soiling of storm drainage systems, install continuous underground-type plastic line marker, located directly over buried line at 6 inches to 8 inches below finished grade. 3.02 INSTALLATION OF PIPE AND PIPE FITTINGS A. General: Install piping in accordance with governing authorities having jurisdiction, except where more stringent requirements are indicated. 1. Inspect piping before installation to detect apparent defects. Mark defective materials with white paint and promptly remove from site. 2. Lay piping beginning at low point of system, true to grades and alignment indicated, with unbroken continuity of invert. 3. Place bell ends or groove ends of piping facing upstream. 4. Install gaskets in accordance with manufacturer's recommendations for use of lubricants, cements, and other special installation requirements. B. PVC Pipe: Install in accordance with manufacturer's installation recommendations, and in accordance with ASTM D 2321. C. Cleaning Piping: Clear interior of piping of dirt and other superfluous material as work progresses. Maintain swab or drag in line and pull past each joint as it is completed. In large, accessible piping, brushes and brooms may be used for cleaning. 1. Place plugs in ends of uncompleted conduit at end of day or whenever work stops. 2. Flush lines between manholes/catch basins if required to remove collected debris. D. Joint Adapters: Make joints between different types of pipe with standard manufactured adapters and fittings intended for that purpose. Renton Municipal Airport-South Entrance Storm Drainage Renton, Washington 02630-3 Construction Documents MacLeod Reckord E. Interior Inspection: Inspect piping to determine whether line displacement or other damage has occurred. 3.03 CATCH BASINS (CB)AND YARD DRAINS (YD) A. General: Install catch basins and yard drains where shown on plans. B. Set frames and grates to elevations indicated. 3.04 BACKFILLING A. Conduct backfill operations of open-cut trenches closely following laying, jointing, and bedding of pipe, and after initial inspection and testing are completed. 3.05 FIELD QUALITY CONTROL A. Testing: Perform testing of completed piping in accordance with local authorities having jurisdiction. 3.06 UNDERDRAINAGE A. General: Underdrainage (perforated pipe & trenches) must be installed after subgrade is established, compacted and approved, and prior to placement of topsoil. Coordinate with earthwork, and concrete work installation. Connect new CPP pipes to 6" PVC collectors as shown on plans. B. Excavation and Trenching: 1. All trenching shall utilize slope and depth control equipment equal to "Lazer" to insure accuracy of trench bottoms and drain line gradients. Accuracy of grades shall be verifiable. 2. No trench excavation spoils may remain on the underdrained area. Trench spoils are to be removed from the surface before the end of each workday. Special care shall be taken to avoid contamination of existing pea gravel and other drainage soils with native soils. 3. Trenches shall be maintained with vertical slides and without loose or sloughed materials therein. Care shall be taken in placement of backfill in perforated pipe trenches to insure no sloughing of trench sides or contamination of the pea gravel. The Contractor shall not drive construction vehicles across excavated trenches. 4. Trenches for the 4" perforated pipe lateral lines (CPP) and the 4" perforated PVC lines shall be a minimum of 8"wide and cut to the appropriate bottom grade. In the event that the trenches have been over- excavated, the Contractor may correct the cut by use of pea gravel filler providing the invert elevation of the drain tubing is as indicated. 5. After underdrainage lines are installed, all excess soils shall be removed and the subgrade shall be regraded and recompacted as necessary to achieve a smooth unyielding subgrade to facilitate the unimpeded flow of water to the drain lines. Renton Municipal Airport—South Entrance Storm Drainage Renton, Washington 02630-4 Construction Documents MacLeod Reckord C. Corrugated-Perforated Pipe (CPP): Corrugated - Perforated drain pipe shall be uncoiled and cut to length and then permitted to remain in the uncoiled position until extensive set induced by coiling is relieved. Pipe shall be laid on a 2" bed of pea gravel to grade and held in place to prevent vertical or horizontal movement while the pea gravel is placed around the sides and the top of the tubing. CPP tubing shall be end-capped at the ends of all 4" CPP lines or as otherwise shown on the drawings. Pipe will be coupled with snap-on couplings, wrapped with two (2) wraps of polyethylene tape (one tape width) to insure locking of the couplings. No open ends will be permitted in the CPP drain tubing. END OF SECTION Renton Municipal Airport—South Entrance Storm Drainage Renton, Washington 02630-5 Construction Documents MacLeod Reckord SECTION 02740 ASPHALTIC CONCRETE PAVEMENT AND CRUSHED GRANITE SURFACING PART 1 -GENERAL 1.01 RELATED DOCUMENTS A. Drawings, Division 0, and Appendices apply to this Section. 1.02 SUMMARY A. This Section includes the following: 1. Furnish all labor, materials and equipment necessary for installation, as indicated on the drawings and in these specifications, of asphaltic pavement, including, but not limited to subgrade preparation, crushed rock base, and asphalt pavement. 2. Crushed granite surfacing of walkways and drives. 3. Coordinate with Contractors performing related work on this job. B. References: 1. ANSI/ASTM C 136 Method for Sieve Analysis of Fine and Coarse Aggregate 2. ANSI/ASTM D 1556 Test Method for Density of Soil in Place by the Sand-Cone Method. 3. ANSI/ASTM D 1557 Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures Using 10 lb. (4.54 kg) Rammer and 18 inch (457 mm) Drop. 4. ASTM D 1140 Amount of Material in Soil Finer than No. 200 sieve. 5. ASTM D 2049 Test for Relative Density of Cohesionless Soils. 6. ASTM D2922 Test Methods for Density of Soil and Spil- Aggregate in Place by Nuclear Methods (Swallow Depth). 7. ASTM D3017 Test Methods for Moisture Content of Soil and Soil- Aggregate Mixtures. 8. ASTM D2950-91 Test for Relative Density of Asphalt by Nuclear Methods. 9. Washington State Department of Transportation and American Public Works Association Washington State Chapter"Standard Specifications for Road, Bridge, and Municipal Construction," 2000 Edition, sections as applicable or specified, herein after referred to as the "Standard Specifications". C. Related Sections include the following: Division 3 Concrete Renton Municipal Airport—South Entrance Asphaltic Concrete Pavement and Renton, Washington Crushed Granite Surfacing 02740- 1 Construction Documents MacLeod Reckord 1.03 SUBMITTALS A. General: Submit the following according to the Conditions of the Contract and Division 1 Specification Section. B. Submit laboratory test reports indicating conformance with specified requirements for all materials. C. The certification of compliance to specification for asphaltic concrete base course and for asphaltic concrete leveling course shall be delivered to site. Certificate shall be from the mixing plant. Submit to Owner at the time of delivery to site and prior to installation. D. Cite source of material, include laboratory test reports, and the name of the testing agency. 1.04 QUALITY ASSURANCE A. Acceptance of related work: Beginning work in this Section indicates acceptance by the Contractor of all other previously installed related work. B. Testing: 1. The Owner reserves the right to test the pavement system to determine if it meets the minimum requirements of this Specification and the submitted manufacturer's specifications. The Contractor shall remove and replace any pavement which does not meet the specification at no additional cost to the Owner. 2. Special Inspection: Notify Owner's Representative at least 48 hours before inspection of compaction and fill is required. 3. Compaction Approval: Verification of specified compaction density is required prior to commencement of subsequent construction which would cover the compacted areas. C. Qualifications of Personnel: 1. Provide personnel thoroughly trained and experienced in the skills required, familiar with the design and application of the work described for this section, and present at all times during progress of the work of this Section. 2. For finishing of surfaces and operation of the required equipment, use only personnel thoroughly trained and experienced in the skills required. D. Layout: Contractor is to layout and stake the location of all paving and surfacing on the site for approval prior to construction. PART2 - PRODUCTS 2.01 GENERAL A. Provide asphaltic concrete pavement as follows: Renton Municipal Airport—South Entrance Asphaltic Concrete Pavement and Renton, Washington Crushed Granite Surfacing 02740-2 Construction Documents MacLeod Reckord 1. Vehicular areas: Soil sterilant, compacted crushed rock base course, asphaltic concrete binder course (class B), and Class B wearing course. 2. Compacted depths of materials shall be as shown on the drawings. B. Provide crushed granite surfacing over crushed rock base as follows: 1. Where indicated on layout plan, walkways are to receive soil sterilant, compacted crushed rock base, and crushed granite surfacing. 2.02 SOIL STERILANT A. General: Soil sterilant shall be Dichlobenil ("Casaron") type, or approved equal. 2.03 CRUSHED ROCK BASE A. General: Crushed rock base and crushed rock surfacing shall conform to WSDOT Standard Specifications requirements for"Top Course" outlined under Section 9-03.9(3) - Crushed Surfacing. Conform to the following gradation requirements: Sieve Size Percent Passing by Weight 100% 5/8" 100% /4 55-75% #40 8-24% #200 (wet sieve) 0-10% 2.04 ASPHALTIC CONCRETE A. Asphaltic Concrete Leveling Course and Binder Course at Vehicular areas: Conform to WSDOT Standard Specifications, Section 5-04.3 requirements for Class B Asphaltic Concrete Pavement. B. Tack Coat: Mixture shall be 1 part water, 1 part emulsified asphalt, CSS-1. C. Joint Sealer: conform to ASTM D-3405. 2.05 CRUSHED GRANITE A. 3/8" minus crushed "salt& pepper"granite available from: Marenakos Rock Center 30250 SE High Point Way Issaquah, WA 98027 (425) 392-3313 PART 3 - EXECUTION 3.01 GENERAL A. Installation conditions for asphaltic concrete: Materials shall not be placed when ambient air temperature is below 40 degrees F, material temperature is below 40 degrees F, Renton Municipal Airport—South Entrance Asphaltic Concrete Pavement and Renton, Washington Crushed Granite Surfacing 02740-3 Construction Documents MacLeod Reckord surfaces are wet or damp, precipitation is falling or pending, and if any other conditions exist or are pending which make it unsuitable for asphalt pavement installation. B. Coordination: Coordinate with Contractors installing compacted subgrade and crossing utilities. C. Qualifications of Installers: Use only experienced personnel familiar with the design and specialized in installing the materials specified in this Section. D. Asphalt Paving Equipment: Use a self-propelled spreading machine minimum 10 foot width for vehicular pavement that will not cause segregation of materials and is able to maintain the specified grade, course thickness and line. Manual methods or spreader box may be used for patches and in small areas inaccessible to spreading machine. 3.02 PREPARATION A. Protection: Use all measures necessary to protect adjacent work from contamination by asphaltic concrete installation procedure. Contractor shall replace, at no cost to Owner, all adjacent work which is irreparably damaged or discolored as a result of pavement installation. 3.03 SOIL STERILIZATION A. General: Notify Owner minimum 48 hours prior to application. Apply sterilant to final compacted subgrade, in conformance with manufacturer's written instructions and Section 5-04 of the WSDOT Standard Specification, immediately prior to installation of crushed rock base. Subgrade must not be disturbed after sterilant application. Apply sterilant using manufacturer recommended rates and methods. Restrict application to only those areas to receive paving being cautious to avoid adjacent turf and planted areas. 3.04 CRUSHED ROCK BASE A. Subgrade: Excavate or fill as required to bring surface to grades indicated. Compact subgrade to 95% maximum density in accordance with Section 2-06 of the WSDOT Standard Specifications. Allow for placement of the specified material depths. B. Crushed rock: Install crushed rock base and surfacing to the specified compacted depths in conformance with Section 4-04 of the WSDOT Standard Specifications. Add water as necessary to achieve optimum moisture content during compaction. C. Gradients: The finished surface of the crushed rock base course or surfacing shall not deviate from the specified gradient by more than +0.05' per 10'-0" measured in any direction with a straight edge. 3.05 ASPHALTIC CONCRETE A. General: Install after crushed rock base course is complete. Verify that crushed rock base meets compaction and grading requirements prior to asphalt installation. Using the Renton Municipal Airport—South Entrance Asphaltic Concrete Pavement and Renton, Washington Crushed Granite Surfacing 02740-4 Construction Documents MacLeod Reckord specified machinery, place asphaltic concrete in two lifts, a base course and a leveling course at the specified depths. B. Installation: Conform to Section 5-04 of the WSDOT Standard Specifications. Joints made during installation shall be vertical, straight, clean and shall not have broken or loose material. C. Grade Tolerances: Surface grade tolerance of leveling course shall not deviate from the specified gradient by more than +0.05' per 10'-0" measured in any direction with a straight edge. D. Tack Coat: Apply a light tack coat to contact surfaces of cold vertical joints, concrete and pavement edges. Apply to surface of asphaltic concrete base course and existing BST at the rate of.091 to .226 liters per square meter. E. Compaction: Roll base course lift minimum one time, and leveling course lift minimum two times at right angles to remove all surface imperfections. Tamp exposed edges of vehicular and pedestrian AC at 450 angle per details. F. Sealant: Apply sealant to all meet lines and butt joints. 3.06 CRUSHED GRANITE SURFACING A. After crushed rock base is installed, compaction tested and approved, install crushed granite surfacing per 3.04 B and C above. B. Provide a clean trim edge at plant beds to the lines and grades shown on the drawings. 3.07 SAWCUTTING AND PATCHING A. General: Where new AC pavement abuts existing AC pavement, asphalt shall be cut full depth with straight, uniform edges. Breaking out with excavating equipment will not be permitted. The asphaltic concrete surface cut shall be given a tack coat of asphalt emulsion (CSS-1) or approved equal immediately before resurfacing, applied to the entire edge and the full depth of the cut. Immediately after compacting the new asphalt surface to conform to the adjacent paved surface (where the surface is to remain exposed), all joints between the new and original pavement shall be painted with asphaltic emulsion (CSS-1), or approved equal, and be covered with dry paving sand before the asphalt solidifies. END OF SECTION Renton Municipal Airport—South Entrance Asphaltic Concrete Pavement and Renton, Washington Crushed Granite Surfacing 02740-5 Construction Documents MacLeod Reckord SECTION 02780 UNIT PAVERS PART 1 -GENERAL 1.01 SUMMARY A. Section includes: Furnish all labor, equipment and materials necessary for the provision and installation of unit pavers including but not limited to: 1. Concrete pavers 2. Bedding sand 3. Joint sand 4. Crushed rock base 5. Detectable warning pavers 6. Concrete grid pavers 7. Washed crushed rock base 1.02 REFERENCES A. American Society of Testing and Materials (ASTM): 1. C 33, Specification for Concrete Aggregates 2. C 136, Method for Sieve Analysis for Fine and Coarse Aggregate 3. C 140, Sampling and Testing Concrete Masonry Units 4. C 979, Specification for Pigments for Integrally Colored Concrete 5. C 936, Specification for Solid Interlocking Concrete Paving Units 6. C1319, Specification for Concrete Grid Paving Units 7. D2940, Specification for Graded Aggregate Bases for Highways or Airports B. APWA "Standard Specifications for Road, Bridge and Municipal Construction" 2002 edition 1.03 SUBMITTALS A. General: Submittals to be in accordance with Division 1, Section 01330, Submittal Procedures. B. Certified test report of sieve analysis for the following: 1. Bedding Sand 2. Joint Sand 3. Crushed Rock Base 4. Washed Crushed Rock Base Submit initial report for approval minimum 14 days prior to importing material to site. C. Samples: Provide (2) two full size samples of each of the following for color, size and shape verification: 1. Concrete Unit Pavers: 8-7/8" x 4-7/16" x 2-3/8" (standard), "red/black" color, shotblast finish Renton Municipal Airport—South Entrance Unit Pavers Renton, Washington 02780- 1 Construction Documents MacLeod Reckord 4-7/16" x 7-7/16"x 2-3/8" (half standard), "red/black" color, shotblast finish 2. Detectable Warning Pavers: 11-3/4" x 11-3/4" x 2", "charcoal" color. 3. Concrete Grid Pavers: 23-5/8" x 15-3/4" x 3-1/2" D. Maintenance data including all information the Owner must know to care for the paver surface to prolong its life, including repair procedures, precautions, and material sources. E. Manufacturer's certification of concrete pavers by ICPI as having met applicable ASTM standards. 1.04 QUALITY ASSURANCE A. Materials: Whenever any material is specified by name/number, such specifications are for the purpose of facilitating a description of materials and establishing quality, and shall be deemed and construed to be followed by the words, "or approved equal." No substitutions will be permitted which have not been submitted for prior approval to Owner's Representative. All materials shall be new, without flaws or defects and shall be the best of their class and kind. Furnish sufficient descriptive literature and/or samples for any material submitted as "equal" substitutes. All materials shall be guaranteed for a period of one year against material defects and workmanship. B. Acceptance of related work: The Contractor performing work in this Section shall inspect all installed work which directly affects work in this Section. Inspection shall include subgrade grades/surface preparation, as defined in the drawings and specification, and all required sleeving is in place. C. Prior to importation of any of the sand and crushed rock base material, the Contractor shall provide the Landscape Architect with a certified test report of sieve analysis for each of the products. The Landscape Architect shall determine compliance with sieve requirements. Remove rejected material from site. D. Compaction approval: Notify Owner's Representative at least 48 hours before inspection of compaction and fill is required. Verification of specified compaction density is required prior to commencement of subsequent construction which would cover the compacted areas. E. Qualification of Personnel: Provide personnel thoroughly trained and experienced in the skills required, including paver installation and operation of the required equipment, who are familiar with the design and application of the work described for this Section, and are present at all times during progress of the work of this Section. Contractor and crew shall have at least one year of experience in paver installation on projects of a similar nature. Renton Municipal Airport—South Entrance Unit Pavers Renton, Washington 02780-2 Construction Documents MacLeod Reckord 1.05 PROTECTION A. General: Protect all materials in this Section from damage and staining during transport, storage, installation and after placement for the duration of the Project. Lay down plywood or OSB cover board where heavy foot traffic or rolling loads are anticipated. Unload pavers at job site in such a manner that no damage occurs to the product. Cover sand securely with waterproof covering to prevent exposure to rainfall or removal by wind. B. Do not use acid wash on or near pavers. 1.06 ENVIRONMENTAL CONDITIONS A. Do not install sand or pavers during heavy rain or snowfall. Do not install sand and pavers over frozen base materials. Do not install frozen sand. PART 2 - PRODUCTS 2.01 CONCRETE UNIT PAVERS A. General: Provide "Standard Classic Series" concrete pavers in sizes indicated, as manufactured by Abbotsford Concrete Products, Ltd. Size and colors as per plan and below: 1. Standard, 8-7/8" x 4-7/16" x 2-3/8", "red/black" color, shotblast finish 2. Half Standard, 4-7/16"x 4-7/16" x 2-3/8", "red/black" color, shotblast finish B. Meet ASTM C 936, Standard Specification for Solid Concrete Interlocking Concrete Paving Units: 1. Average compressive strength of 8,000 psi with no individual unit under 7,200 psi. 2. Average absorption shall not exceed 5% when tested in accordance with ASTM C 140. 3. Resistance to 50 freeze-thaw cycles when tested in accordance with ASTM C 67. C. Concrete unit pavers available through Abbotsford Concrete Products, Ltd. Abbotsford, BC, (800) 663-4090 or (604) 852-4967. 2.02 DETECTABLE WARNING PAVERS A. General: Provide 11-3/4" x 11-3/4" x 2" detectable warning pavers in "charcoal' as manufactured by Hanover Architectural Products, (717) 637-0500. Pavers include ADA compliant truncated domes at 2.35" o.c. 2.03 CONCRETE GRID PAVERS A. General: Provide 23-5/8" x 15-3/4" x 3-1/2" "Grass Grid" concrete grid pavers, as manufactured by Abbotsford Concrete Products, Ltd. Renton Municipal Airport—South Entrance Unit Pavers Renton,Washington 02780-3 Construction Documents MacLeod Reckord B. Meet ASTM C1319, Standard Specifications for Concrete Grid Paving Units: 1. Average compressive strength of 5,000 psi with no individual unit under 4,500 psi. 2. Average water absorption shall not exceed 10 lb/ft when tested in accordance with ASTM C140. 3. Resistance to 50 freeze-thaw cycles when tested in accordance with ASTM C67. C. Concrete Grid Pavers available through Abbotsford Concrete Products, LTD. Abbotsford, BC, (800) 663-4090 or (604) 852-4967. 2.04 BEDDING AND JOINT SAND A. Bedding and joint sand shall be clean, non-plastic, free from deleterious or foreign matter. Limestone screenings or stone dust shall not be used. B. Bedding sand: Bedding sand for sand set pavers shall conform to the following analysis using Tyler Standard Screens—U.S. Series Equivalent Number: Sieve Size Percent Passing by weight 3/8" 100% #4 95-100% #8 80-100% #16 50-85% #30 25-60% #50 10-30% #100 2-10% C. Joint Sand: Joint sand for sand set pavers shall conform to the following analysis using Tyler Standard Screens– U.S. Equivalent Number: Sieve Size Percent Passing by weight #4 100% #8 95-100% #16 70-100% #30 40-75% #50 10-35% #100 2-15% #200 0% 2.05 CRUSHED ROCK BASE: 5/8" minus crushed rock per Section 9-03 of the "Standard Specifications". 2.06 WASHED CRUSHED ROCK BASE A. General: Washed crushed rock base shall be clean and free from deleterious or foreign matter. Provide open-graded aggregate meeting the requirements of ASTM C57– Crushed Stone Aggregate. Do not use gravel. Conform to the following analysis using Tyler Standard Screens– U.S. Equivalent Number: Renton Municipal Airport–South Entrance Unit Pavers Renton,Washington 02780-4 Construction Documents MacLeod Reckord Sieve Size Percent Passing by weight 1-1/2" 100% lip 95-100% 1/211 25-60% #4 0-10% #8 0-5% PART 3 -EXECUTION 3.01 GENERAL A. Order of Construction: Contractor shall complete subgrade, installation of underground utilities, sleeving, and all other underground work, and concrete work directly adjacent to unit paver surfacing prior to placing unit paver surfacing. Coordinate with bollard, concrete edging, litter receptacles, and HC ramp locations. B. Qualifications of Installers: Use only experienced personnel thoroughly trained and experienced in installing the materials specified in this Section. The superintendent, supervisory personnel and technical personnel must be familiar with the design and application of the work described for this Section, and present at all times during progress of the work of this Section. 3.02 PREPARATION/EXAMINATION A. Acceptance of adjacent and underlying work: The Contractor shall inspect subgrade, adjacent concrete work, site furnishings footings, and all underground work prior to installation of surfacing. B. Familiarization: The Contractor acknowledges familiarity with the nature of the work and physical conditions at the site, the confirmation and conditions of the ground, the character of equipment needed during the execution of the work and all other matters that can in any way affect the work or the cost thereof under this contract. C. Survey and Layout: The Contractor shall lay out the work in this Section as indicated on the drawings. D. Approvals: Any grading or subgrading work requiring testing for compaction or approval for gradient or surface conditions shall not be covered or enclosed by any subsequent stage of construction prior to required approvals. E. Verify that base and edge restraints construction and elevations conform to the specifications. F. Verify that base is dry, uniform, compacted to specified standards, sloped for drainage, and is ready to support sand, pavers, and imposed loads. G. Beginning of bedding sand and paver installation means acceptance of base and edge restraints. Renton Municipal Airport—South Entrance Unit Pavers Renton, Washington 02780-5 Construction Documents MacLeod Reckord 3.03 CONCRETE UNIT PAVERS A. Base: 1. Install base course crushed rock per"Standard Specifications". Place 5/8" minus crushed rock and compact to minimum 95% density per ASTM D698 measured by nuclear method without causing any discernable aggregate separation or migration. Minimum depths shown on drawings are compacted depths. 2. Install concrete pavement per Section 03200 and drawings. B. Spread and screed the base sand evenly over the concrete base or crushed rock base course and screed to a nominal thickness, not exceeding 1-1/2 inch thickness. Do not disturb the screed sand. Place sufficient sand to stay ahead of the laid pavers. Do not use the bedding sand to fill depressions in the base surface. C. Ensure that pavers are free of foreign material before installation. D. Lay the pavers in the patterns as shown on the drawings finish side up. Establish lines, levels and coursing as indicated. Maintain straight pattern lines, clean and even curves (as applicable), and consistent width of bands and joints. Maintain courses to uniform dimension. E. Joints between the pavers on average shall be between 1/16 inch and 3/16 inch wide. F. Obtain Architect's approval where cutting and fitting may be necessary or may impair appearance or strength of masonry work. G. Perform job site cutting of masonry with masonry saw or with proper tools to provide straight, clean, unchipped edges. Prevent broken masonry unit corners and edges. H. Compaction: Use vibratory plate compactor or other equipment suitable for the condition to vibrate pavers into bedding sand. I. Vibrate the pavers again, sweeping dry joint sand into the joints and vibrating until they are full. This may require at least two or three passes with the compactor. Do not vibrate within 3 feet of the unrestrained edges of the paving units. Protect from displacement. J. All work to within 3 feet of the laying face must be completely filled with pavers and fully compacted with sand-filled joints at the completion of each day. Cover the laying face with plastic sheets overnight if not closed with cut and compacted pavers. K. Sweep off excess sand when the job is complete. L. The final surface elevation of pavers shall not deviate more than 3/8" under a 10' long straightedge. M. The surface elevation of pavers after compaction shall be 1/8" to 1/4" above adjacent concrete edging to compensate for possible minor settlement. N. After removal of excess sand, check final elevations for conformance to the drawings. Renton Municipal Airport-South Entrance Unit Pavers Renton, Washington 02780-6 Construction Documents MacLeod Reckord 3.04 DETECTABLE WARNING PAVERS A. General: Install per manufacturer's written instructions and recommendations. 3.05 CONCRETE GRID PAVERS A. Install washed crushed base course per ASTM D2940 Standard Specification for Graded Aggregate Material for Bases or Sub-bases for Highways or Airports. Place the specified crushed rock and compact to minimum 95% density per ASTM D698 measured by nuclear method without causing any discernable aggregate separation or migration. Minimum depths shown on drawings are compacted depths. B. Spread and screed the base sand evenly over the washed crushed base and screed to a nominal V thickness, and not exceeding 1-1/2 inch thickness. Do not disturb the screed sand. Place sufficient sand to stay ahead of the laid pavers. Do not use the bedding sand to fill depressions in the base surface. C. Ensure that pavers are free of foreign material before installation. D. Lay the pavers in the patterns as shown on the drawings finish side up. Establish lines, levels and coursing as indicated. Maintain straight pattern lines with consistent width of bands and joints. Maintain courses to uniform dimension. E. Joints between the pavers on average shall be between 1116 inch and 3116 inch wide. F. Obtain Architect's approval where cutting and fitting may be necessary or may impair appearance or strength of masonry work. Design intention is that concrete grid pavers will not have to be cut. G. Perform job site cutting of masonry with masonry saw or with proper tools to provide straight, clean, unchipped edges. Prevent broken masonry unit corners and edges. H. Compaction: Use a low amplitude 75-90 Hz vibratory plate compactor capable of 4000 to 5000 lbs. centrifugal compaction force to vibrate pavers into bedding sand. A rubber or neoprene pad between the compactor and grids may be necessary to prevent cracking or chipping. I. Vibrate the pavers again, sweeping dry turf topsoil, per 02900, into the joints and spaces with the pavers, and vibrating until they are within Y2 inch of the paver finish grade. This may require at least two or three passes with the compactor. Do not vibrate within 3 feet of the unrestrained edges of the paving units. Protect from displacement. J. All work to within 3 feet of the laying face must be completely filled with pavers and fully compacted with topsoil-filled joints at the completion of each day. Cover the laying face with plastic sheets overnight if not closed with cut and compacted pavers. K. Sweep off excess topsoil when the job is complete. L. The final surface elevation of pavers shall not deviate more than 3/8" under a 10' long straightedge. Renton Municipal Airport—South Entrance Unit Pavers Renton, Washington 02780-7 Construction Documents MacLeod Reckord M. The surface elevation of pavers after compaction shall be 1/8"to 1/4" above adjacent concrete edging to compensate for possible minor settlement. N. After removal of excess sand, check final elevations for conformance to the drawings. 3.06 CLEAN UP A. General: Clean up all resulting debris and haul all excess excavated material off site. B. Debris: Allow no debris to accumulate on site, roadway, or walks; haul away and dispose of off site as soon as removed. Immediately clean streets of spilled dirt and debris and keep drains open. END OF SECTION Renton Municipal Airport—South Entrance Unit Pavers Renton, Washington 02780-8 Construction Documents MacLeod Reckord SECTION 02820 TEMPORARY CHAIN LINK FENCING PART 1 -GENERAL 1.01 RELATED DOCUMENTS A. Drawings, Division 0, and Appendices apply to this Section. 1.02 SUMMARY A. This Section includes the following: 1. Furnish all labor, equipment and materials necessary for the provision and installation of temporary 6' high chain link fencing to secure airport and Contractor staging area during construction. 2. Although not specifically indicated, furnish and install all supplementary or miscellaneous items, appurtenances and devices incidental to, or necessary for complete installation. B. Related Sections include the following: Section 02220 Demolition and Site Preparation 1.03 SUBMITTALS A. General: None required. PART2 - PRODUCTS 2.01 CHAIN LINK MESH A. General: CLFMI, Standard Industrial 9 gauge, ASTM A 392, 2 inch diamond mesh interwoven wire, top and bottom selvage knuckle end closed. Galvanize after fabrication. 2.02 STEEL POSTS A. Corner Posts: 1. Height: 2.375 inch outside diameter at 3.65 pounds per linear foot. 2.03 FITTINGS AND ACCESSORIES A. Ties or Clips: 9 gauge galvanized steel, minimum 2 wraps per connection, sufficient in number for attaching fabric at minimum 15 inch intervals to corner posts. B. Concrete Pre-cast Pipe Footings for Surface Mounting on Pavement Renton Municipal Airport—South Entrance Temporary Chain Link Fencing Renton, Washington 02820- 1 Construction Documents MacLeod Reckord 2.04 FINISHES A. Steel Pipe Posts: Hot-dip galvanized zinc coating, ASTM F 1083, minimum 2.0 oz psf. B. Chain Link Mesh: Hot-dip galvanized coating, ASTM A 392, 1.2 oz psf weight. PART 3 - EXECUTION 3.01 EXAMINATION A. Verify location of temporary fencing. Provide a pedestrian route into the airport that can be open during business hours and closed at night. B. Fence Height: 6' above finish grade. C. Post Spacing: At intervals not exceeding 10 feet o.c. D. Post Installation: Utilize pre-cast concrete surface footings. Protect existing utilities. E. Fabric: Attach fabric to posts with specified ties. END OF SECTION Renton Municipal Airport—South Entrance Temporary Chain Link Fencing Renton, Washington 02820-2 Construction Documents MacLeod Reckord SECTION 02870 SITE FURNISHINGS PART 1 -GENERAL 1.01 RELATED DOCUMENTS A. Drawings, Division 0, and Appendices apply to this Section. 1.02 SUMMARY A. This Section includes the following: 1. Furnish all labor, equipment and materials necessary for the provision and installation of miscellaneous site improvement items, including, but not limited to: a. Metal Bench b. Litter Receptacle C. Fixed Metal Bollard d. Pipe Handrails e. Handicapped Parking Sign f. Precast Concrete Wheelstop g: C.I.P. Concrete Footings h. Basalt Bench i. Basalt Column 2. Although not specifically indicated, furnish and install all supplementary or miscellaneous items, appurtenances and devices incidental to, or necessary for complete installation. B. Related Sections include the following: Section 03200 Site Concrete Section 04400 Stone Masonry 1.03 REFERENCES A. Reference Standards for backstop and handrails: American Society for Testing Materials (ASTM), current edition at date of bid, and Chain Link Fence Manufacturers Institute (CLFMI) - Product Manual, current edition at date of bid ASTM A 153 Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware ASTM C 94 Standard Specifications for Ready-Mixed Concrete ASTM F 669 Standard Specification for Strength Requirements of Metal Posts and Rails for Industrial Chain Link Fence ASTM F 1083 Standard Specifications for Pipe, Steel, Hot-Dipped Zinc Coated (Galvanized) Welded, for Fence Structures 1.04 SUBMITTALS A. General: Submit the following according to the Conditions of the Contract and Division 1 Specifications Sections. Renton Municipal Airport—South Entrance Site Furnishings Renton, Washington 02870- 1 Construction Documents MacLeod Reckord B. Shop Drawings: 1. HC Parking Sign, including support and mounting details. 2. Handrails, including elevations, pipe sizes, finish, and footing. C. Product Data: Provide data and manufacturer's installation instructions for all items in this Section. D. Warranty: Submit warranties for site furnishings within 30 days after Notice to Proceed. 1.05 QUALITY ASSURANCE A. Installer Qualifications: Company and employees specializing in work of this Section, with minimum 5 years documented experience. 1.06 WARRANTY A. General: Submit a warranty according to the Conditions of the Contract and Division 1 Specification Sections. B. Coverage: The Warranty shall protect the Owner from all installation, manufacturing and material defects related to work in this Section. C. Conditions: The warranty shall ensure prompt repair or replacement of work which does not perform as required because of failures in workmanship and materials. The repairs/replacement shall be made by the warrantor within 20 days of receipt of complaint in writing, except if adverse weather conditions prevent it. The warranty shall guarantee work in this Section for a period of one year from the date of final acceptance of the entire project by the Owner. If repairs/replacement do not occur within 20 days of complaint receipt, the Owner reserves the right to have the work performed by others and to be reimbursed by the warrantor for the cost of the work. D. Warrantor: The warranty shall be promulgated by the parent company of the installer, and shall be signed by an authorized individual in the parent company. PART 2- PRODUCTS 1.00 METAL BENCH General: Provide (3) five-foot long benches. Model PA-2, constructed of solid flat bar as manufactured by Fairweather(800) 323-1798 or(360) 895-2626. Provide vandal proof stainless steel screws and bolts with flush heads sized to fit hardware. Anchor bolt shall be threaded expansion type stainless steel. Bench to be powder coated in black. 1.00 LITTER RECEPTACLE General: Provide (1) "Chase Park" metal litter receptacle, powder coated black, side opening model, keyed lock, as manufactured by Landscape Forms (800) 521-2546 or (269) 381-0396. Provide stainless steel bolts sized to fit hardware, length per manufacturer's recommendation. Renton Municipal Airport—South Entrance Site Furnishings Renton, Washington 02870-2 Construction Documents MacLeod Reckord 1.00 FIXED METAL BOLLARD General: Provide (2) 6 inch diameter x 33" height"Annapolis Bollard", power coat black, as manufactured by Landscape Forms, (800) 521-2546, available through Tim Gish, NW Sales Representative (866) 846-9474. 2.04 PIPE HANDRAILS General: Handrails to be sized per drawings, Heavy Industrial, group IA, schedule 40 round pipe. Provide per plans at steps. Weld all joints and grind smooth. Provide sleeves for pipes to be installed in pavement or steps. Shop Drawings: Provide Owner's Representative with shop drawings for approval prior to fabrication. Finish: 0. Acid-etch with two step Dupont Prime Metal Preparation. Apply per manufacturer's written instructions. 0. One coat metal primer as approved. Apply per manufacturer's printed instructions. 0. Two coats exterior alkyd marine enamel low gloss satin finish, color to be black. Grout: "Porock" or approved expandable permanent grout as indicated. 2.05 HANDICAPPED PARKING SIGNAGE A. General: Provide barrier free access parking sign for van space, (1) Model# R7-801, 12" x 18", blue/white, as manufactured by Traffic Signs, Inc., Carnation, WA (425) 333-6222. Posts shall be gals. steel tube, acid etch and paint 2 coats charcoal gray. 2.06 C.I.P. CONCRETE FOOTINGS C. General: ASTM C 94 ready mix concrete, minimum fc= 3,000 psi at 28 days, 5 bags (94 pounds) cement per cubic yard, maximum 4 inch slump, and as specified in Section 03320. 2.07 PRECAST CONCRETE WHEEL STOPS A. General: Provide (6) precast concrete wheel stops, 6'-0" long, guard post bumper curbs, port style, as manufactured by Utility Vault Company, (253) 839-3500 2.08 BASALT BENCH A. General: See Section 04400. 2.09 BASALT COLUMN A. General: See Section 04400. Renton Municipal Airport-South Entrance Site Furnishings Renton, Washington 02870-3 Construction Documents MacLeod Reckord PART 3 -EXECUTION 3.01 GENERAL A. Locate all site improvements in accordance with the drawings and specifications obtaining approval from the Owner's Representative where called for prior to installation. Provide and/or install improvements at location and quantity listed below, and as indicated on drawings. B. All site improvements to be set level, plumb and square unless otherwise noted. C. Where there is a conflict between manufacturer's recommendations for installation and the drawings, consult with Owner's Representative before proceeding. 3.02 METAL BENCH A. General: Install plumb and true in locations indicated per manufacturer's written instructions and recommendations. Drill through concrete pavement to accommodate bolt sleeves. Use urethane epoxy to seal between bolt sleeves and pavers. Tops of bolt sleeves shall be flush with surface of concrete paving. Provide a 3 foot X 5 foot concrete pavement pad for each bench per layout plan. 3.03 LITTER RECEPTACLE A. General: Install plumb and true as indicated on the drawings. 3.04 METAL BOLLARD . General: Install plumb and true as indicated on the plans. 3.05 HANDRAILS A. General: Install plumb and true in locations indicated. Provide expandable grout to secure. Paint as specified herein. 3.06 HANDICAPPED PARKING SIGNAGE A. General: Install plumb and true, in locations indicated on drawings. 3.07 PRECAST CONCRETE WHEEL STOP A. General: Install per drawings and manufacturer's written instructions. 3.08 C.I.P. CONCRETE FOOTINGS A. General: Install concrete footings sized per manufacturer unless otherwise indicated, and per Section 03310. Tops of footings in unpaved areas shall be flush with finished grade, trowel finished and sloped away from posts. Tops of footings in asphalt and concrete paved areas shall be flush with finished grade of crushed rock base material of pavement. Renton Municipal Airport—South Entrance Site Furnishings Renton, Washington 02870-4 Construction Documents MacLeod Reckord 3.09 BASALT BENCH A. General: See Section 04400. 3.10 BASALT COLUMN A. General: See Section 04400. END OF SECTION Renton Municipal Airport—South Entrance Site Furnishings Renton, Washington 02870-5 Construction Documents MacLeod Reckord SECTION 02900 PLANTING PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings, Division 0, and Division 1 apply to this Section. 1.02 SUMMARY A. This Section includes the following: 1. Furnish all labor, materials and equipment necessary for installation of planting as indicated, including but not limited to installation of topsoil, finish grading, fertilizing, liming, hydroseeding, sod (around irrigation heads in lawn), cleanup and maintenance through Final Acceptance, and one-year guarantee. B. Related Sections include the following: Section 02810 Irrigation 1.03 REFERENCES A. General: Conform with the following standard specifications, except as supplemented or modified hereinafter: 1. Plant Names: "Report," issued by American Joint Committee on Horticultural Names, most recent edition, and hereinafter called AJCHN. Names not present in this listing shall conform to accepted nomenclature in the nursery trade. 2. Quality Standards: "American Standard for Nursery Stock," issued by the American National Standards Institute and hereinafter called ANSI Z20.1-latest edition. 3. American Society for Testing Materials Standards: ASTM E-11 Sieve Size for Soil Testing ASTM D-75 Sampling Material ASTM D-422 Particle Size Analysis ASTM D-1140 Washed Sieve Testing for#200 ASTM C-136 Fine and Course Aggregate Sieve Analysis 1.04 INSPECTION A. General: Owner reserves right to reject material at any time until final inspection and acceptance. Remove rejected material immediately from site. Produce upon request sales receipts for all material and certificates from federal, state and other authorities. 1.05 MATERIALS A. General: Whenever any material is specified by name/number, such specifications are for the purpose of facilitating a description of materials and establishing quality, and shall be deemed and construed to be followed by the words "or approved equal." No substitutions will be permitted which have not been submitted for prior approval to Renton Municipal Airport—South Entrance Planting Renton,Washington 02900- 1 Construction Documents MacLeod Reckord Owner's Representative. Furnish sufficient descriptive literature and/or samples for any material submitted as "equal" substitutes. B. Materials: Furnish plant materials in accordance with Washington State Grading Code for No. 1 Grade; well established and vigorous normal habit of growth, must be free from disease, approved for quality, size and variety upon delivery at site. Verify prior to bid date all sources of supply. Insure availability of listed species, variety and quality. Conform with size requirements indicted on drawings or specified, and with requirements of ANSI Z60.1. 1.06 CONTRACTOR A. General: Contractor must be experienced in landscape work of highest professional quality of a similar nature; must have adequate facilities and personnel for indicated work; and must become acquainted with all other work related to site improvements, and any other work which might affect preparation for installation of landscaping. 1.07 SUBMITTALS A. Manufacturer's Certificates of Conformance: 1. Seed 2. Fertilizer 3. Limestone 4. Topsoil B. Test Certificates: Submit the following certified test reports to enable Owner's Representative to determine compliance with specification: 1. Imported topsoil (including sieve analysis, nutrient analysis, salt content and organic matter content by weight); 2. Imported topsoil sand component (sieve analysis). 3. Imported topsoil compost component (sieve analysis; organic matter content by weight) Submit reports and obtain approval prior to mixing at plant and importing to site. C, Samples: Provide the following for Architect approval: 1. Topsoil, 1 CF bag 2. Topsoil components, I CF bag of each. (3 total) 3. Organic mulch, 1 CF bag Submit samples and obtain approval prior to mixing at plant and importing to site. D. Schedule for Installation: Conform with Owner approved schedule and planting/seeding times defined in this Section. 1.08 PROTECTION A. General: Protect adjacent property, public walks, curbs and pavement from damage. Do not place soil directly on paved surfaces. Locate all underground utilities prior to commencement of work. Repair or replace at Contractor's expense damaged utilities, curbs, paving, walks, walls, structures, or existing plantings. Keep street and on-site storm drainage system open and free flowing. Protect existing soils from erosion. Do not Renton Municipal Airport—South Entrance Planting Renton, Washington 02900-2 Construction Documents MacLeod Reckord store materials outside the indicated limits of work. Remove and legally dispose of excess materials. Erect necessary signs and barriers against pedestrian/vehicular traffic. 0.00 DELIVERY A. General: Protect plant material from wind, drought, unusual weather or vandalism. Deliver fertilizer and lime to the site in original unopened containers bearing manufacturer's chemical analysis, name, trade name, trademark, and indication of conformance to state and federal laws. Instead of containers, fertilizer may be furnished in bulk with certificate indicating the above information. Protect seed from dehydration, contamination and heating during delivery, storage and handling. Store seed, lime, and fertilizer in cool dry location away from contaminants. Do not drop or dump materials from vehicles. 0.00 GUARANTEE A. General: All plant material shall be guaranteed by the Contractor for a period of one year from date of final acceptance, to be in healthy condition. 1. Inspections: Make periodic inspections, at no extra cost to the Owner, during guarantee period. Determine what changes if any should be made in Owner's maintenance program. 1. Replacement at guarantee period conclusion: Replace, at no cost to the Owner, and as soon as weather conditions permit, dead plants and plants not in vigorous, thriving condition. Replacements to be of same species and to be subject to all indicated requirements. Fertilize and reseed areas not in a normal healthy growing condition. 0.00 CODES AND REGULATIONS A. General: comply with all applicable city, county, state and federal codes and regulations. PART 2 - PRODUCTS 2.01 TOPSOIL A. General: Topsoil shall be free draining, fertile, friable sandy loam, and shall supply the following composition requirements: weed and seed free; pH between 5.5 and 7.5; maximum particle size to 1/2 inch, with 97% to 100% passing the 3/8 inch screen; soluble salts shall not exceed 4.0 mmho/cm; free of clay lumps, litter and toxic matter harmful to plant growth. Pure organic matter content of topsoil mixture for turf shall not exceed 10% by weight. Components shall conform to the requirements indicated. Percentages below are by volume. Mixing of the soil components shall not occur on site. Sand Compost Sandy Loam Topsoil for turf areas & 50% 25% 25% reinforced grass surface Topsoil for plant beds 34% 33% 33% Renton Municipal Airport—South Entrance Planting Renton, Washington 02900-3 Construction Documents MacLeod Reckord B. Top Sand: Conform to the following analysis using Tyler Standard Screens - Equivalent U.S. Series Number: Sieve Size Percent Passing by Weight #4 100% #10 95-100% #16 85-100% #30 75-90% #60 15-30% #100 0-5% #200 (wet sieve) 0-1.5% C. Composted Yard Waste: Material derived from aerobic decomposition of recycled plant waste fully composted; material shall be composted on a paved surface and shall have a moisture content of between 20% and 40%; no visible free water or dust shall be produced when handling the material; fresh sawdust or fresh wood by products shall not have been added after the composting process has begun. No recycled sanican waste shall be used. Yard waste shall be from permitted composting facility. Pure organic matter content shall be between 30% and 50% by weight. 100% of composted yard waste shall pass the 7/16 inch screen and a minimum 50% shall pass the 1/4" screen. Material shall be maintained at a 15% oxygen level throughout the composting process. Available from Cedar Grove or approved equal. D. Sandy Loam: Shall be derived from the "A" horizon of naturally occurring, free draining, friable soils. Soils with a high clay content will be rejected. Submit separate sample for approval prior to mixing. 2.02 FERTILIZER A. All Seeded Areas: 2. Installation Fertilizer(Fertilizer'A') Total available Nitrogen 10% by weight (of which 50% is derived from controlled release sources including Ureaform or Methylene Urea) Total available Phosphorus 20% by weight Total available Potassium 20% by weight 2. Maintenance Fertilizer: b. Initial Fertilizer (Fertilizer'B') Total available Nitrogen 21% by weight (of which 50% if derived from controlled release sources including Ureaform or Methylene Urea) Total available Phosphorous 0% by weight Total available Potassium 0% by weight b. Follow-up Fertilizer(Fertilizer'C') Total available Nitrogen 18% by weight (of which 50% if derived from controlled release sources including Ureaform or Methylene Urea) Total available Phosphorous 3% by weight Total available Potassium 16% by weight Renton Municipal Airport—South Entrance Planting Renton,Washington 02900-4 Construction Documents MacLeod Reckord Total iron content 1% to 3% by weight Add iron as necessary to meet requirements. B. Trees, Shrubs, Perennials, Bulbs, Grasses and Groundcovers: Agriform planting tablets 20-10-5, 21 gram size and 5 gram size. 2.03 LIMESTONE A. General: Lime shall be ground limestone containing not less than 85% of total carbonates, and shall be ground to such fineness that 90%will pass through a No. 20 mesh sieve and 50%will pass through a No. 100 mesh sieve. Coarser material will be acceptable, providing the rates of application are increased to provide not less than the minimum quantities and depth specked in the special provisions on the basis of the two sieve requirements above. Dolomitic lime or a high magnesium lime shall contain at least 10% of magnesium oxide. Lime shall be applied at the rate of 35 lbs. per 1000 square feet. All liming materials shall conform to the requirements of ASTM C 602. 2.04 CHEMICALS A. General: Herbicide, insecticide and fungicide, as recommended by State Agricultural Extension Service, to be EPA registered and state approved. To be furnished for preemergence and postemergence applications as required and approved. 2.05 WATER A. General: Free of substances harmful to plant growth. 2.06 COMMON FILL A. General: Fill for subgrade in planted areas shall be approved on-site soils, or approved native material. Fill shall have a maximum particle size of 2", and be free of large rocks sticks or other deleterious materials. 2.07 SEED A. General: Seed shall be 'Blue Tag" or certified quality. Deliver in unopened containers with mixture seed content and inert material content plainly marked on outside of container. Seed mix: Mixture % of Min. % Pure Min. % of Max Weed % by Weight Ingredient Pure Seed Seed in Mix Germination Seed % 33.3% Pennant H 98% 32.7% 90% 1% Perennial Rye 33.3% Affinity 98% 32.7% 90% 1% Perennial Rye 33.3% Imagine 98% 32.7% 90% 1% Perennial Rye Renton Municipal Airport—South Entrance Planting Renton, Washington 02900-5 Construction Documents MacLeod Reckord B. Submittals: A complete analysis of the seed shall be submitted to the Consultant for approval including percent of pure seed, germination, other crop seed, inert and weed seed, and the germination test date. Total weed seed for mixture shall not exceed one percent (1%). 2.08 TACKIFIER Tackifier for hydroseeding shall be Stockopam, SoilBinder or approved equal. The PAM shall be a long chain, water-soluble or linear, non-crosslinked, anionic (>20% hydrolysis) or nonionic. PAM tackifier shall be certified for compliance with ANSI/NSF Standard 60 for drinking water treatment and have a 0.05% maximum and an average 0.02%AMD concentration. The PAM anionic charge density may vary from 2-30%; a value of 18% is typical. 2.09 SOD B. Sod for use around irrigation heads in new turf areas: Sod shall have the following characteristics: a mature root system, maximum two years old, free of weeds, machine cut to a pad thickness of 3/4" excluding top growth, vigorous top growth, no mesh, and shall not be dormant. Broken and unevenly cut sod pads will not be accepted. Sod pads must be uniform in size and must support their own weight when held vertically. Transport flat, not rolled. Submit supplier for approval prior to delivery to site. Seed mixture shall be primarily perennial rye grass with minimum four different grass species. Submit grass species names and characteristics for approval. 2.10 ANTIDESICCANTS A. General: Sprayable, water insoluble vinyl-vinledine complex which produces a moisture retarding barrier not removable by rain or snow. 2.11 ROOT BARRIER A. Barrier: Biobarrier Root Control System, 12" depth as manufactured by Reemay, www.biobarrier.com, (800) 284-2780, or approved equal. 2.12 ORGANIC MULCH A. General: Free from weeds, weed seed, mold or other noxious materials. B. Organic Mulch: Fine ground Douglas Fir bark mulch. 2.13 PLANT MATERIAL A. General: Plants to be nursery grown with size at least equal to size specified, prior to pruning. Do not prune prior to site delivery. Measurements, caliper, branching, grading, quality, balling and burlapping per Code of Standards of American Association of Nurserymen. Substitutions of smaller plant sizes will not be permitted, however, substitutions of larger sizes of the same type are acceptable, with approval, at no extra cost to the Owner. Give a minimum of 24 hours notice to Architect prior to each plant shipment. Renton Municipal Airport—South Entrance Planting Renton, Washington 02900-6 Construction Documents MacLeod Reckord A. Container stock: Provide container stock plants which have grown in container in which delivered for a minimum of 6 months, but not over 2 years. Do not handle container stock by tops, stems or trunks. Containers shall be weed free. A. Balled and burlapped stock (B&B): Dug with firm, natural balls of soil around roots; ball diameter and depth sufficient to encompass fibrous and feeding roots. Wrap with burlap and bind with twine, cord or wire mesh in accordance with ANSI Z60.0. Handle by ball only. Take care to protect ball and plant. Cracked, broken or dry-to-the-center balls will not be acceptable. Rootballs shall be weed free. A. Pruning: Do not prune before delivery. Trees with fresh cuts of limbs over 3/4 inch not completely calloused will be rejected. New trees are to be pruned by an arborist prior to budding or appearance of new growth, and prior to final acceptance at the direction of the Architect. A. Form: Trees and shrubs are to have overall form typical of the species, with a uniformly branched, symmetrical crown. "Specimen" designation indicates plant materials of the highest quality and form. A. Quality: Trees with bark sunscalds, broken leaders or disfiguring knots will be rejected. Rootballs shall be free of circling, kinked or truncated roots and free of roots protruding above the soil. 2.14 STAKING, GUYING, B&B MATERIALS F. Staking Material for Nursery Grown Trees: Stakes: 2" diameter x length necessary Douglas Fir. Pre-stain stakes dark brown. Guys: Twelve (12) ga. galvanized guy wire with black rubber garden hose or approved equal at tree as shown on detail. 2.15 BONDED FIBER MATIRX(BFM) A. BFM shall be "SoilGuard", "EcoAegis", "HydroBlanket", or approved equivalent, and shall contain all ingredients including tackifier, crosslinkers, and other proprietary ingredients. PART 3 - EXECUTION 3.01 TOPSOIL AND FINISH GRADING A. General: Prepare subgrade in all turf areas which are to receive imported topsoil by scarifying to 8" depth and removing rocks and debris over 1 1/2" in diameter. Subgrade soils should be free-draining and without any impervious soils or other materials harmful to plant growth. It is the Contractor's responsibility to notify the Owner's Representative of any subgrade conditions deleterious to plant growth. Roll subgrade smooth in turf areas prior to placing topsoil. B. Spread Topsoil: Do no spread topsoil with frozen or excessively wet or dry. Topsoil depth after settlement: Renton Municipal Airport—South Entrance Planting Renton, Washington 02900-7 Construction Documents MacLeod Reckord 1. Turf areas: 4" minimum depth after settlement. 2. Plant Bed areas: 6" minimum depth after settlement. 3. Plant Bed in median: 24" minimum depth after settlement, unless otherwise noted. 4. Plant Bed at north wall: 18" minimum depth after settlement. 5. Around monument: Per monument details. C. Grading in Planted Areas: 1. General: Except as otherwise directed, perform all rough and finish grading required to attain the elevations, lines and forms indicated on the drawings. Grade to uniform levels or slopes between points where grades are given, with round surfaces at abrupt changes in levels. 2. Fine Grading: Rake entire surface to a smooth and even grade, remove all rocks over 1" diameter, remove all grass roots and debris. Fine graded areas shall include all areas disturbed by work in this Contract which are to be planted. 3. Grading Tolerance: a. Contours and spot elevations shown on the plans (unless otherwise noted) are finish grade elevations. b. All subgrades and finished areas shall be established to + 0.1' per 10' max. Where drawings indicate positive drainage flow grades shall provide that drainage free of ruts, hummocks, or other uneven surfaces, which might hold or impede the flow of water. 4. Relationship to adjacent areas: Topsoil in turf areas and mulch in planted areas shall be flush with surrounding grades and 1/4" below pavements, and tops of curbs. 3.02 CHEMICALS A. Application: 1. Equip hydraulic equipment for liquid application of chemicals with leakproof tanks and positive agitation method. Calibrate and meter equipment so that application of chemicals in specified amounts can be determined. Equip equipment with gauges and valves capable of maintaining constant application pressures. 2. Apply all herbicides and other chemicals in accordance with EPA label restrictions and recommendations and federal and state laws. Make daily reports to the Owner's Representative stating areas treated with each chemical, the quantity applied and spray mixture or formulation used. Application at each site shall be under the supervision of a certified applicator. 3. Apply in well-ventilated areas. Avoid inhalation, injection, or spilling on clothing or skin. Wear protective in accordance with manufacturer's Material Safety Data Sheet recommendations. Do not exceed permissible exposure limit. 4. Dispose of excess chemicals and containers in accordance with federal and state laws. 5. Apply so damage will not result to personnel or property from either direct spray or drifting of chemicals both on and off property. 3.03 HYDROSEEDING OF NEW TURF A. General: All lawn areas indicated on the planting plan shall be hydroseeded. Renton Municipal Airport—South Entrance Planting Renton, Washington 02900-8 Construction Documents MacLeod Reckord B. Seed Bed Preparation: After topsoil has been placed, finish graded and settled, apply dolomite limestone at the rate of 30 lbs. per 1,000 square feet. Rake to incorporate. Finish surfaces by raking smooth and even; lightly compact with roller. Level out surface undulations and irregularities and recompact as necessary. Drive no heavy equipment over seed areas after this operation. C. Hydroseeding: 0. Hydroseed in designated areas of site. Hydroseeding equipment shall be as specified in "Spraying Equipment", below. Hydroseeding mixture shall consist of a slurry composed of water, seed, fertilizer and mulch in proportions as follows: 0. Application rates: Seed 100 lbs./acre Installation Fertilizer(Fertilizer 'A') 436 lbs./acre Bonded Fiber Material 3,000 lbs./acre Tackifier 3-5 lbs./acre 3. Spraying Equipment:: The spraying equipment shall have a container or water tank equipped with a liquid level gauge calibrated to read in increments not larger than 50 gallons (190 liters) over the entire range of the tank capacity, mounted so as to be visible to the nozzle operator. The container or tank shall also be equipped with a mechanical power-driven agitator capable of keeping all the solids in the mixture in complete suspension at all times until used. The unit shall also be equipped with a pressure pump capable of delivering 100 gallons (380 liters) per minute at a pressure of 100 pounds per square inch (690 kPa). The pump shall be mounted in a line that will recirculate the mixture through the tank whenever it is not being sprayed from the nozzle. All pump passages and pipelines shall be capable of providing clearance for 5/8-inch (15 mm) solids. The power unit for the pump and agitator shall have controls mounted so as to be accessible to the nozzle operator. There shall be an indicating pressure gauge connected and mounted immediately at the back of the nozzle. The nozzle pipe shall be mounted on an elevated supporting stand in such a manner that it can be rotated through 360 degrees horizontally and inclined vertically from at least 20 degrees below to at least 60 degrees above the horizontal. There shall be a quick-acting, three-way control valve connecting the recirculating line to the nozzle pipe and mounted so that the nozzle operator can control and regulate the amount of flow of mixture delivered to the nozzle. At least three different types of nozzles shall be supplied so that mixtures may be properly sprayed over distance varying from 20 to 100 feet(6 to 30 m). One shall be a close-range ribbon nozzle, one a medium-range ribbon nozzle, and one a long-range jet nozzle. For case of removal and cleaning, all nozzles shall be connected to the nozzle pipe by means of quick-release couplings. In order to reach areas inaccessible to the regular equipment, an extension hose at least 50 feet (15 m) in length shall be provided to which the nozzles may be connected. Renton Municipal Airport—South Entrance Planting Renton, Washington 02900-9 Construction Documents MacLeod Reckord 4. Mixtures: All water used shall be obtained from fresh water sources and shall be free from injurious chemicals and other toxic substances harmful to plant life. Brackish water shall not be used at any time. The Contractor shall identify to the Engineer all sources of water at least 2 weeks prior to use. The Engineer may take samples of the water at the source or from the tank at any time and have a laboratory test the samples for chemical and saline content. The Contractor shall not use any water from any source, which is disapproved by the Engineer following such tests. All mixtures shall be constantly agitated from the time they are mixed until they are finally applied to the seedbed. All such mixtures shall be used within 2 hours from the time they were mixed or they shall be wasted and disposed of at locations acceptable to the Engineer. Fertilizer shall not be agitated for more than 20 minutes. 5. Spraying: Mixtures of seed, fertilizer, mulch and tacker shall only be sprayed upon previously prepared seedbeds. The mixtures shall be applied by means of a high-pressure spray that shall always be directed upward into the air so that the mixtures will fall to the ground like rain in a uniform spray. Nozzles or sprays shall never be directed toward the ground in such a manner as might produce erosion or runoff. Particular care shall be exercised to insure that the application is made uniformly and at the prescribed rate and to guard against misses and overlapped areas. Proper predetermined quantities of the mixture in accordance with specifications shall be used to cover specified sections of known area. Checks on the rate and uniformity of application may be made by distributing test sheets of paper or pans over the area at intervals and observing the quantity of material deposited thereon, or using the U.S. Department of Agriculture/Natural Resource Conservation Service (USDA/NRCS) Line Intercept Method, or other method approved by the Engineer. Contractor shall install Bonded Fiber Matrix (BFM) in areas shown on the plans and as directed by the Engineer. BFM shall cover a minimum of 95% of the soil surface and shall be applied in two directions or directed upwards to ensure proper soil coverage. BFM shall cure a minimum of 24 hours before any rain event or irrigation occurs and shall be installed per manufacturer's instructions. A. Watering: Keep seed bed moist throughout germination and until Final Acceptance of the entire project. B. Timing: Seed only from March 1 to October 1 unless otherwise approved by Engineer. When seed, fertilizer, mulch, and tackifier is applied between June 1 and August 31, the Contractor shall protect the application from dehydration and when applied between October 15 and March 31, the Contractor shall protect the application from freezing and excess moisture. C. Protection: Protect against harm from wind, storm water and trespassing. Treat and reseed damaged portions as required. Erect temporary fences around newly seeded Renton Municipal Airport—South Entrance Planting Renton,Washington 02900- 10 Construction Documents MacLeod Reckord area. Fencing should be of a height, durability, and visibility adequate to prevent trespassing. Post signage indicating new seeding as necessary to prevent trespassing. C. Mowing: When grass reaches a height of 3" the contractor is to mow to a height of 2" and remove clippings. Establishment mowing is to be continued for a minimum of three mowings. See plant establishment and maintenance for additional mowing requirements. C. Reseeding: 30 days after seeding all bare spots larger than 4 sq. in. and any areas of turf which fail to establish a healthy uniform stand of specified grasses shall be reseeded at a rate of 4lbs/1,000 sf. C. Initial Maintenance Fertilization (Fertilizer 'B'): Apply fertilizer to lawn areas at the rate of 2 lbs. per 1,000 square feet after the first mowing. Apply once each week through the third mowing, minimum three applications. Apply only in areas with automatic irrigation. Do not apply Fertilizer 'B' between October 1 and March 30. C. Follow-up Maintenance Fertilization (Fertilizer'C'): Apply fertilizer to all new lawn areas at the rate of 6 pounds per 1,000 square feet four weeks after the third mowing. 3.04 PLANTING A. Time of Planting: All plant material to be placed between October 15 and May 1, or as approved by Landscape Architect. Do not plant when ground is frozen, snow covered or muddy. B. Location: Prior to commencement of planting operations, stake tree locations and stake outline of mulched beds in lawn areas. Mark name of variety on stake where different varieties are massed. Obtain approval of Landscape Architect prior to planting. C. Excavation of Plant Pits: Completely rip soils and scarify sides and bottom of all plant pits to dimensions shown below. Remove any impervious or otherwise unsuitable soils or material to a minimum of 24" below bottom of plant pit and minimum 6'-0" diameter around each plant. Backfill plant pits with a thoroughly incorporated blend of 50% planting soil (topsoil) and 50% native soil. 1. Shrub pits are to be excavated 6" deeper and 6"wider(all sides)than the rootball or container size. 2. Tree pits are to be excavated 6" deeper and 12"wider (all sides) than the rootball. 3. Groundcover, perennial and bulb pits are to be excavated 3" deeper and 6"wider (all sides) than the rootball or container size. D. Root Barrier: Provide root barrier, minimum length 20' per tree, wherever trees are adjacent to and within 10'-0" of pavement. Locate root barrier adjacent and parallel to edge of pavement or back of curb. Top of root barrier shall be set 1 inch below surface of turf area topsoil after settlement and minimum 3 inches below surface of mulch. E. Placement of Trees, Shrubs and Groundcover: Place at normal planting season, unless prior approval is obtained from Landscape Architect. Orient as directed for best appearance. Set in center of pits, on approved topsoil backfrll mix. Set plantings to bear Renton Municipal Airport—South Entrance Planting Renton, Washington 02900- 11 Construction Documents MacLeod Reckord same relationship with finish grade after settlement as they bore to natural grade, i.e., with positive drainage away from crown of plant. Hold firmly in position while backfill mixture is being placed. Break down any smooth walls of the plant pit during this backfill process. Place backfill mixture carefully, avoiding root damage and filling all voids. Compact fill by jetting to avoid air pockets. Allow to soak away and continue adding more backfill mixture as required. Add fertilizer tablets, as specified below, near top of rootball during backfill. 1. For container stock: Cut 2 sides with approved type cutter, taking care to avoid any root damage. 2. For balled stock: Cut string and remove fasteners. Remove top 1/2 of burlap. 3. For wire baskets: Remove all of wire basket. 4. For other non-biodegradable materials: Remove all. F. Fertilizer: Space tablets evenly at upper outer edges of root system during backfilling, 6- 8" below the surface of the soil. Provide (8) 21-gram tablets per tree, (4) 21-gram tablets per shrub and (1) 5-gram tablet per groundcover, perennial and bulb. G. Organic Mulch: Spread 2" depth as indicated in all shrub and groundcover beds and 2" depth in a 3' diameter circle around all trees in lawn areas. Mulch shall be 1" depth at Thyme groundcover areas. H. Staking and Guying: Place stakes, boards, wire and hose as indicated on detail. 3.05 CLEAN UP A. Remove from site all cans, surplus subsoil and other debris resulting from planting and grading operations. Neatly dress and finish landscaping areas. 3.06 PLANT ESTABLISHMENT AND FINAL ACCEPTANCE A. Preliminary Inspection and Acceptance: When the work specified in this section has been completed, an inspection will be made within seven (7) days of the Contractor's request. The Owner will generate a "punch list" of items that will require revisions or completion to comply with the contract documents. Preliminary acceptance of the landscaping will be given when items on the punch list have been completed to the satisfaction of the Owner. A. Establishment Period and Maintenance: The Establishment Period will commence on the date of Preliminary Acceptance, and will extend until Final Acceptance of the entire project. Maintenance during this period shall include: 1. Watering: Make necessary adjustments to watering schedule to accommodate seasonal changes. Water areas of new turf and plants so that they receive adequate water for survival of the plants in a healthy condition. 2. Mowing: Mow lawn areas to a height of 2"when the average height reaches 3". Remove clippings. Mow weekly until Final Acceptance, minimum 3 times. 3. Re-seeding: Re-seed spots larger then 4 inches square not having a uniform stand of grass. 4. Fertilization: Apply fertilizer"B" at manufacturer's recommended rate to turf areas on or about the 151h of May, July and September. Renton Municipal Airport—South Entrance Planting Renton, Washington 02900- 12 Construction Documents MacLeod Reckord 5. Weeding: Control weed growth in lawn areas with appropriate herbicides, applied per these specifications. A. Final Inspection and Acceptance: Final inspection of the work in this section will be made at the time of the Final Inspection of the entire project. A final "punch list"will be issued. Final Acceptance of the landscaping will be contingent upon Final Acceptance of the entire project. END OF SECTION Renton Municipal Airport—South Entrance Planting Renton, Washington 02900- 13 Construction Documents MacLeod Reckord DIVISION 3 SECTION 03200 SITE CONCRETE WORK PART 1 -GENERAL 1.01 SCOPE A. General: Furnish all labor, equipment and materials necessary for all site concrete work, including but not limited to: Concrete Footings and Bases (as required for monument, fence posts, sign bases and walls, benches, bollards and handrails), Concrete Pavement, Concrete Walls, Concrete Stairs, Cheek Walls, NC Ramps, Curbs, and Planters. 1.02 BUILDING CODE A. International Building Code, current edition, if more rigid than those herein, shall govern. 1.03 STANDARD SPECIFICATIONS A. Conform to "Standard Specifications for Structural Concrete Buildings, ACI 301, ACI 318, and ACI 347," published by the American Concrete Institute, except as otherwise shown on the drawings or specified herein. B. Comply with pertinent provisions of CRSI "Manual of Standard Practice." 1.04 QUALITY CONTROL A. Qualifications of Workers: 1. Provide workers thoroughly trained and experienced in the skills required, familiar with the design and application of the work described for this section, and present at all times during progress of the work of this section. 2. For finishing of surfaces and operation of the required equipment, use only personnel thoroughly trained and experienced in the skills required. B. Layout: Contractor is to layout and stake the location of all site furnishings, fences, walkways, and pavement areas on the site for approval prior to construction. C. Inspection: Notify Owner's Representative at least 48 hours in advance of concrete pour. D. Quality Control by Contractor: The Contractor shall be responsible for the strength and quality of all the concrete placed. E. Quality Control by the Owner: Concrete manufactured and intended for placement in the work shall be tested by a Testing Laboratory employed by the Owner to determine compliance with these Specifications. The Owner's Laboratory will sample and test the fresh concrete and cast and test all standard concrete test cylinders. The Owner shall inform the Contractor of the results of all tests performed by the Owner's Laboratory Renton Municipal Airport—South Entrance Site Concrete Work Renton,Washington 03200- 1 Construction Documents MacLeod Reckord including the test strength of the concrete cylinders. However, the Owner shall be in no way responsible for any portion of the quality control necessary to produce concrete meeting the specified strength and quality requirements. The responsibility for furnishing and placing concrete conforming to the requirements of these Specifications is solely that of the Contractor. 1.05 SUBMITTALS A. Submit design mix data under the provisions of Section 01340—Submittals to Owner's Representative but no less than 2 weeks prior to concrete placement. Do not proceed until authorized. Concrete mix designs shall conform to the requirements of IBC 1905. B. Submit under the provisions of Section 01340—Submittals. 1. Product Data: Manufacturer's product data, application and installation instructions for proprietary materials,and items. Submit for admixtures, coloring agents, bonding agents, curing compounds and the like. C. Submit under the provisions of Section 01340—Submittals. 1. Certificates: Provide material certificates, instead of materials laboratory test reports, ONLY when permitted by Owner. Both material producer and Contractor are required to sign, certifying that each material item complies with or exceeds specified requirements. 2. Concrete Placement Schedule: Submit proposed concrete placement schedule, including the following information: a. Method of placement. b. Location. C. Quantity of concrete. d. Concrete mix, including type of cement and admixtures to be used. D. Shop Drawings: 1. Shop drawings shall indicate sizes, spacings, locations, and quantities of reinforcing steel, bending and cutting schedules, splicing, stirrup spacing, supporting and spacing devices. 2. Make shop drawings in accordance with ACI 315. "Manual of Standard Practice for Detailing Reinforcing Concrete Structures." 3. Accompanying the shop drawings, submit steel producer's certificates for mill tests. 1.06 DELIVERY A. Deliver reinforcement to the job site bundled, tagged, and marked. Use metal tags indicting bar size, lengths, and other information corresponding to markings shown on placement diagrams. 1.07 STORAGE A. Store reinforcement at the job site in a manner to prevent damage and accumulation of dirt and rust. Renton Municipal Airport—South Entrance Site Concrete Work Renton,Washington 03200-2 Construction Documents MacLeod Reckord B. Store formwork above ground on framework or blocking in ventilated, protected area to Prevent deterioration from moisture or damage. 1.08 QUALITY ASSURANCE A. Codes and Standards: Comply with provisions of the following codes, specifications, and standards, except where more stringent requirements are shown or specified: 1. American Concrete Institute (ACI) 301, "Specifications for Structural Concrete for Buildings." 2. ACI 318, "Building Code Requirements for Reinforced Concrete." 3. Concrete Reinforcing Steel Institute (CRSI) "Manual for Standard Practice." B. Materials and installed work may require testing and re-testing at any time during progress of work. Re-testing of rejected materials for installed work shall be done at Contractor's expense. C. ACI Publications: Comply with the following unless modified by requirements in the Contract Documents: 1. ACI 301, "Specification for Structural Concrete," Sections 1 through 5. Sections 1 through 5 and Section 6, "Architectural Concrete." 2. ACI 303.1, "Specification for Cast-in-Place Architectural Concrete." PART 2 - PRODUCTS 2.01 CEMENT A. Portland cement shall conform to the "Standard Specification for Portland Cement": (ASTM C150 Type 1). Low heat Portland cement shall be used unless high-early- strength cement is authorized by the Owner. Where high-early-strength concrete is used, the specified strength shall be achieved in 7 days rather than the 28 days specified for low heat cement. All cement shall come from the same manufacturing plant and be certified as to quality. 2.02 AGGREGATE A. Aggregates shall conform to ASTM C 33. Maximum aggregate size shall not be larger than 1/5 narrowest concrete dimension, nor 3/4 of the minimum reinforcement spacing.. 2.03 WATER A. Water shall be any potable water, clean and free from injurious amounts of oil, acid, alkali, and organic materials. Water shall conform to ASTM C94. 2.04 ADMIXTURES A. General: 1. Where more than one admixture is used in the mix, furnish manufacturer's certification to the Owner's Representative that the Renton Municipal Airport—South Entrance Site Concrete Work Renton, Washington 03200- 3 Construction Documents MacLeod Reckord admixtures to be used are compatible in combination with the cement and aggregates. B. Water-Reducing Admixture: Conform to ASTM C-494. C. Retarder-Densifying Admixture: Conform to ASTM C-494. D. Accelerator: Chemical admixture designed to accelerate set on concrete but not corrode reinforcing steel; ASTM C-494. E. Air Entraining Agent: Conform to ASTM C260. 2.05 COLOR ADMIXTURE A. Chromix Admixture for Color Condition Concrete: Porcelain Gray. B. Conform to the Schofield Tech Data Bulletin A-304 and the Material Safety Data sheet. C. Use color admixture in concrete mixes for exposed portions of concrete walls, pilasters, stairs, cheek walls and concrete median planter. Do not use it in curbs, concrete edging, concrete pavement and unexposed concrete. 2.06 BONDING AGENTS A. Grace Construction Materials Daraweld C, Larson Products Weldcare, or approved. Emulsion-type additive of plasticized high polymer resins designated for bonding of concrete. 2.07 CURING COMPOUND A. Concrete curing compound shall be of a nature and composition not deleterious to concrete and shall be of a standard and uniform quality ready for use as shipped by the manufacturer. At the time of use, the curing compound shall be in a thoroughly stirred condition. Curing compounds shall not be diluted by the addition of solvent or thinners, or be altered in any manner without the specific approval of and in a manner prescribed by the manufacturer. 2.08 NON-SHRINK GROUT A. Non-shrink grout shall conform to ASTM C 1107 and shall be premixed consisting of nonmetallic aggregate, cement, water-reducing admixture and plasticizing agents capable of developing the 28-day strengths on the drawings. 2.09 BASE COURSE A. Five eighths inch (5/8") minus crushed rock shall conform to Washington State "Standard Specifications for Road and Bridge Construction," Section 9-03.9 (3), "Top Course." Renton Municipal Airport—South Entrance Site Concrete Work Renton,Washington 03200-4 Construction Documents MacLeod Reckord 2.10 EXPANSION JOINTS A. Premolded Joint: Pre-molded non-extruding resilient material maximum 3/8"thick with strip off top to allow for joint caulking. B. Joint Caulking: Self-leveling polyurethane, Sikaflex 1 CSL by Sika, or approved equal, color to match concrete. Use companion product for vertical joint application. 2.11 CONCRETE A. General: Ready mix concrete shall conform to specifications for Ready Mix Concrete (ASTM C 172). Mix in accordance with minimum stated proportions and transport in accordance with ASTM C94. Select ingredient proportions, producing workable mix and attaining required 28-days strength. Produce durable, abrasion-resistant, watertight concrete, uniform in appearance B. Consistency: The quantity of water required for the proper consistency of the concrete shall be determined by the slump test in accordance with ASTM C 142. Slump allowances shall be 3 inches, plus or minus 1 inch. Aggregate per ASTM C 33, no larger than 1/5 narrowest dimension. C. Strength: Compressive strength shall be determined in accordance with ASTM C-39. Strength shall have a 28-day compressive strength of 3,000 psi. D. Prepare design mixes for each type and strength of concrete shown or noted on structural drawings. 2.12 FORM MATERIALS A. Forms for Exposed Finish Concrete: Unless otherwise shown or specified, construct all formwork for exposed concrete surfaces with plywood, metal, metal-framed plywood faced or other acceptable panel-type materials, to provide continuous, straight, smooth, exposed surfaces. Finish in largest practicable sizes to minimize number of joints and to conform to joint system shown on drawings. Provide form material with sufficient thickness to withstand pressure of newly-placed concrete without bow or deflection. Use flexible spring steel forms or laminated boards free of distortion and defects to form radius bends as required. 1. Plywood: DFPA high density overlay plyform Class I/Exterior; 60/60 weight. Conform to PSI-74, all new materials. Thickness sufficient to support concrete at rate place, 3/4-inch minimum. 2. Steel Forms: Minimum 16 gauge (1.5 mm) sheet, well matched, tight fitting, stiffened to support weight of concrete without deflection detrimental to tolerances and appearance of finished surfaces. B. Forms for Concealed Concrete Work: Form concrete surfaces which will be unexposed in finished structure with plywood. Thickness sufficient to support concrete at rate placed, 5/8", B grade minimum. Renton Municipal Airport—South Entrance Site Concrete Work Renton, Washington 03200-5 Construction Documents MacLeod Reckord C. Form Coatings: 1. Provide commercial formulation form-coating compounds that will not bond with, stain nor adversely affect concrete surfaces, and will not impair subsequent treatments of concrete surfaces requiring bond or adhesion, nor impede wetting of surfaces to be cured with water or curing compound. 2. Sealing of Wood Forms (for use on wood forms other than HDO plywood forms): Before usage, coat faces and edges with Sonneborn "Castoff', Nox-Crete "Preform", or approved equal. Apply in strict accordance with manufacturer's directions. 3. Form Release Agent: a. Before each pour, coat wood forms (including HDO plywood forms) with "Paragon", Sonneborn "Castoff', Nox-Crete "Form Coating", Layco "Lacton", or approved equal. b. For metal forms, use North Coast Chemical's "Form Free', Concentrate No. 2, or approved equal. C. Apply in accordance with manufacturer's directions. d. For PVC form liner— as recommended by manufacturer of form liner. D. Form Ties: Factory-fabricated, adjustable-length, removable or snap-off metal form ties, designed to prevent form deflection, and to prevent spalling concrete surfaces upon removal. Unless otherwise shown, provide ties to portion remaining with concrete after removal is at least 1-1/2 inches inside concrete. Unless otherwise shown, provide form ties which will not leave larger than 1 % inch (32 mm) diameter in concrete surface. Strength consistent with spacing and rate of placing. E. Formwork Accessories: 1. Fillets for Chamfered Corners: Wood strips or rigid plastic, size as required, maximum possible lengths. 2. Nails, Spikes, Lag Bolts, Through Bolts, Anchorages: Sized as required, of strength and character to maintain formwork in place while pouring concrete. F. Re-Use of Forms: 1. Clean and repair surfaces of forms to be re-used in the work. Split, frayed, delaminated or otherwise damaged form-facing material will not be acceptable. Apply new form coating compound material to concrete contact surfaces as specified for new formwork. When forms are reused for successive concrete placement, thoroughly clean surfaces, remove fins and laitance, and tighten forms to close all joints. Align and secure joints to avoid offsets. 2.13 REINFORCING MATERIALS A. Reinforcing Bars (ReBar): ASTM A615, Grade 60, deformed. B. Steel Wire: ASTM A82, plain, cold-drawn, steel. Renton Municipal Airport—South Entrance Site Concrete Work Renton, Washington 03200-6 Construction Documents MacLeod Reckord C. Welded Wire Fabric (WWF): ASTM A185, welded steel wire fabric, size as shown on drawings. D. Supports for Reinforcement: Provide supports for reinforcement including bolsters, chairs, spaces and other devices for spacing, supporting and fastening reinforcing bars and welded wire fabric in place. Use wire bar type supports complying with CRSI recommendations, unless otherwise specified. Wood, brick concrete blocks "dobies," and other devices will not be considered acceptable for any support applications. For slabs-on-grade, use supports with sand plates or horizontal runners where wetted base materials will not support chair legs. For exposed-to-view concrete surfaces, where legs of supports are in contact with forms, provide supports with legs which are hot-dip galvanized, after fabrication, or plastic protected or stainless steel protected. E. Tie Wire: Minimum 16 gauge annealed type. F. Fabrication: 1. Fabricate reinforcing bars to conform to required shapes and dimensions, with fabrication tolerances complying with CRSI Manual. In case of fabricating errors, do not re-bend or straighten reinforcement in a manner that will injure or weaken the material. Reinforcement with any of the following defects will not be permitted in the work: a. Bar lengths, depths, and bends exceeding specified fabrication tolerances. b. Bends or kinks not indicted on drawings or final shop drawings. C. Bars with reduced cross-section due to excessive rusting or other cause. 2.14 OTHER MATERIALS A. All other materials, not specifically described but required for completion and proper installation of cast-in-place concrete shall be as selected by Contractor and approved by Owner's Representative. PART 3 - EXECUTION 3.01 EXCAVATION A. Footing shall be as indicated on the drawings or as recommended by manufacturer, whichever more stringent. Over-excavations shall be filled with structural fill and compacted to 95%. B. Grade slab areas to the lines and elevations required to meet finish grades indicated. C. Compact subgrade for all footings and slabs to 95% compaction and per Section 02300 — Earthwork prior to placing base course, reinforcement, or concrete. E. Admixtures: 1. Add in accordance with manufacturer's directions Renton Municipal Airport—South Entrance Site Concrete Work Renton, Washington 03200-7 Construction Documents MacLeod Reckord 2. If approved, water reducing retarder may be used when the temperature of the concrete, as placed, exceeds 65 degrees F. 3. If approved, accelerator may be used when temperature of concrete is less than 40 degrees F. 4. Use retarder-densifier when placing concrete in warm weather conditions or when ambient temperature exceeds 65 degrees F. 5. Use air-entraining agent in concrete subjected to freezing temperature after curing. 3.02 PLACEMENT OF BASE A. Base Course: Install 5/8" minus crushed rock base course to the specified compacted depths; finish grade and compact to 95% maximum dry density. 3.03 FORMS A. Design, erect, support, brace and maintain formwork to support vertical and lateral loads that might be applied until such loads can be supported by the concrete structure. Construct formwork so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Construct forms complying with ACI 347 to sizes, shapes, lines, grades and dimensions shown on drawings, and to obtain accurate alignment, locations, grades, level and plumb work in finished structures. Provide for opening, offsets, sinkages, keyways, recesses, moldings, rustications, reglets, chamfers, blocking, screeds, bulkheads, anchorages and inserts and other features required in the Work. Use selected materials to obtain required finishes. Solidly butt joints and provide back-up joints to prevent leakage of cement paste. C. Design formwork to be readily removable without impact, shock or damage to cast-in- place concrete surfaces and adjacent materials. Use form release agent (non-stain) as per manufacturer's directions. 3.04 REINFORCING A. Comply with the specified standards for details and methods of reinforcement placement and supports, and as herein specified. B. Clean reinforcement to remove loose rust and mill scale, earth, and other materials which reduce or destroy bond with concrete. C. Position, support, and secure reinforcement against displacement by formwork, construction, or concrete placement operations. Locate and support reinforcing by metal chairs, runners, bolster, spacers and hangers as required. D. Place reinforcement to obtain the minimum coverages for concrete protection. Arrange, space, and securely tie bars and supports together with 16 gauge wire to hold reinforcement accurately in position during concrete placement operations. Set wire ties so that twisted ends are directed away from exposed concrete surfaces. Renton Municipal Airport—South Entrance Site Concrete Work Renton, Washington 03200-8 Construction Documents MacLeod Reckord E. Install welded fabric in as long lengths as practicable. Lap adjoining pieces at least one full mesh. F. Provide sufficient numbers of supports and of strength to carry reinforcement. Do not place reinforcing bars more than 2" beyond the last leg of any continuous bar support. Do not use supports as bases for runways for concrete conveying equipment and similar construction loads. G. Provide standard reinforcement splices by lapping ends the proper length, placing bars in contact, and tightly wire tying. 3.05 PLACING CONCRETE A. Deposit and consolidate concrete slabs and walls in a continuous operation, within the limits of construction joints, until the placing of a panel or section is complete. B. Consolidate concrete during placement by use of the specified equipment, thoroughly working concrete around the reinforcement and into corners. Consolidate all concrete in accordance with provisions of ACI 309. Consolidate each layer of concrete immediately after placing, by use of high frequency, rubber tipped, mechanical internal concrete vibrators supplemented by hand-spading, rodding, or tamping. Do not use vibrators to transport concrete inside the forms. C. Limit the time of vibrating consolidation to prevent bringing an excess of fine aggregate to the surface. D. Bring slab and wall surfaces to the correct level with a straight edge, and then strike off. E. Use bullfloats or darbies to smooth the surface, leaving it free from bumps and hollows. F. Do not sprinkle water on the plastic surface; do not disturb the slab surfaces prior to start of finishing operations. 3.06 JOINTS A. General: Joints shall be located as shown on the plans and details with the following minimums: 1. Walls and Stairs: 10' spacing vertical control with expansion every 30'. Align joints with joint pattern in pavement or curbs. 2. Handicap Ramps: Expansion joints at top, bottom, and on landings. 3. Pavement &Walkways: Control joints and expansion joints as shown per plans. 10' maximum spacing control joints. B. Expansion Joints: 1. Premolded expansion joints shall be max. 3/8" wide and with top stripped and cross section filled wit caulking. 2. Place expansion joints at right angles to the surface of the paving. 3. Provide expansion joints wherever exterior slabs abut vertical surfaces including stairs, walls, pilasters, intersections of new and existing pavement and as located, detailed and indicated on drawings. Renton Municipal Airport—South Entrance Site Concrete Work Renton, Washington 03200-9 Construction Documents MacLeod Reckord C. Control Joints: 1. Tooled control joints to depth and dimensions as indicated on drawings. D. Construction Joints: 1. Form with a keyed joint per drawings minimum 1 '/2" deep in wall joints. 2. Grade and finish to match across joint. 3.07 FINISH A. General: All finished or formed surfaces shall conform accurately to the shape, alignment, grades and sections as shown on the drawings. Surfaces shall be free from fins, bulges, ridges, offsets, honeycombing or roughness and shall present a finished, continuous, hard surface. Tool all outside edges with % inch radius tool unless otherwise noted. Finishes shall conform to the following types: 1. All voids and form tie holes on exposed concrete shall be filled with color matched mortar. 2. Exposed surfaces of walls, cheek walls, pilasters and center median and planter shall have a light sandblasted finish. 3. All exposed horizontal surfaces shall have a light broom finish except walls and pilasters. Broom finish on stairs and concrete pavement shall be perpendicular to direction of foot traffic. 4. Curbs shall have a light broom finish. 5. Handicap ramps shall have a textured surface or medium broom finish as indicated. 6. Tooled edges and control joints in pavement may have smooth trowel finish over the width of edging or joint tool. 3.08 CURING AND PROTECTION A. General: Protect concrete from vandalism and injurious action by sun, rain, wind, flowing water, frost, mechanical injury, tire marks, or oil stains. Do not allow concrete to dry out from time of placement until the expiration of the curing period. Forms may be removed 48 hours after concrete placement. B. An approved curing compound shall be applied to all exposed surfaces immediately after finishing per manufacturer's recommendation. Curing compound shall be applied in sufficient quantity to obscure the natural color of the concrete. 3.09 PROTECTION AND REPAIR OF CONCRETE CONSTRUCTION A. All surfaces shall be protected against injury. During the first 72 hours after placing the concrete, any wheeling, working or walking on the concrete shall not be permitted. All slabs and other concrete work subject to wear shall be covered with plywood as soon as the concrete has set. This does not alter the requirements for proper curing as specified. B. No concrete slabs or top surfaces of walls shall be placed during rain unless acceptable protective shelter is provided, and during such weather, all concrete placed within the preceding 12 hours shall be protected with waterproof canvas or other suitable coverings. Renton Municipal Airport—South Entrance Site Concrete Work Renton, Washington 03200- 10 Construction Documents MacLeod Reckord 3.10 CLEAN UP/ REPLACEMENT A. Clean: Clean up all concrete drippings, tools, etc., and remove from site. Fill all voids, gravel pockets, etc., with color matched mortar. Knock protrusions and fins off flush with surface. Leave all surfaces clean. B. Replacement: Remove and replace, when directed by Owner's Representative, surfaces which show excessive shrinkage, cracks or improper drainage. Remove rejected concrete from the site and dispose of legally. END OF SECTION Renton Municipal Airport—South Entrance Site Concrete Work Renton, Washington 03200- 11 Construction Documents MacLeod Reckord DIVISION 4 SECTION 04400 STONE MASONRY PART 1 -GENERAL 1.01 SUMMARY A. Furnish all labor, equipment and materials necessary for the provision and installation of all columnar basalt stone (provided by Owner) and blue stone walls as indicated on drawings and specified herein, including all materials and appurtenances necessary for complete and proper installation. Coordinate as necessary with related work. B. This Section includes but is not limited to: 3 vertical and 3 horizontal columnar basalt installations; a one foot high blue stone wall around the monument base and a layer of Columbia rock chips between the blue stone wall and the monument base. 1.02 RELATED SECTIONS A. Section 01340—Shop Drawings, Product Data & Samples B. Section 03200 - Site Concrete Work C. Section 02900 - Planting 1.03 SUBMITTALS A. General: Submit the following according to the conditions of the Contract and Specification Section 01340 - Submittals. B. Samples: Submit minimum 10 days in advance of use: 1. Basalt rock approximately 4" x 4" x 12". (3) sample pieces representative of the color range specified herein. 2. Anchor ties. 3. Mortar joint material/color for blue stone, minimum 3 color options. C. Material sources if different than specified herein. 1.04 QUALITY ASSURANCE A. Acceptance of related work: Contractor performing work in this Section shall inspect all installed work which directly affects work in this Section. Verify that supporting structures are ready to receive work and items provided by other Sections are properly sized and located. Beginning of installation means installer accepts existing conditions. B. Installer Qualifications: An installer shall provide experienced stone masons and stone fitters who are skilled in installing landscape stone, and mortared stone wall similar in material, design, and extent to those indicated for this project and whose projects have a record of successful in-service performance. Renton Municipal Airport—South Entrance Stone Masonry Renton, Washington 04400- 1 Construction Documents MacLeod Reckord C. Qualifications of Personnel: Provide personnel thoroughly trained and experienced in the skills required, who are familiar with the design and application of the work described in this Sections, and are present at all times during progress of the work of this Section. 1.05 PROTECTION A. General: Protect all materials in this Section from damage and staining during transport, storage, installation and after placement for the duration of the Project. Lay down plywood or OSB cover board where heavy foot traffic or rolling loads are anticipated. PART 2 - PRODUCTS 2.01 COLUMNAR BASALT STONE A. Owner Provided: The Owner has selected 6 pieces of columnar basalt for use on this project. They are being prepared for installation by the supplier. The Contractor shall coordinate the delivery of the pieces (all 6 in one delivery) to the site by the supplier. B. The supplier of the columnar basalt is: Marinakos Rock Center 30250 SE Highpoint Way Issaquah, WA 98027 (425) 392-3313 2.02 BLUE STONE A. The blue stone wall is to be constructed out of"Antique Pennsylvania Blue Stone", also available at Marinakos Rock Center (see 2.01 B. above) Sizes will be 1"—2 '/"thick and range from 6"to 15" wide. Some of the stone will require chisel cutting in the field to achieve the 8-10" wall thickness shown on the drawings. 2.03 COLUMBIA CHIPS A. '/z" x 1 W rock chips (available at Marinakos Rock Center; see 2.01 B. above) to be used as rock mulch behind wall; see detail. 2.04 MORTAR A. Mortar Admixture: Prepare mortar for use with stone masonry by incorporating admixture for mortar in accordance with ASTM C270 or ASTM C1142 and manufacturer's instructions. B. Fine Grout Proportions: 1 part Portland cement, 0 to 1/10 part hydrated lime or lime putty, fine aggregate equal to 2-1/4 to 3 times volume of cement. C. Compressive Strength: Minimum 2,000 psi in 28 days. D. Color match mortar to blue stone as approved. Submit samples for approval. Renton Municipal Airport—South Entrance Stone Masonry Renton, Washington 04400-2 Construction Documents MacLeod Reckord PART 3 -EXECUTION 3.01 GENERAL A. Verify conditions as satisfactory to receive work of this Section. Do not work until unsatisfactory conditions are corrected. Beginning work constitutes acceptance of existing conditions. B. Project Conditions: 1. Protection of Stone Wall: During construction, cover walls with waterproof sheeting at end of each day's work. Cover partially completed wall assemblies when construction is not in progress. 2. Do not install stone wall during in adverse weather conditions, heavy rain or freezing conditions unless approved by the Owner's Representative. All stone walls damaged by installation during in adverse weather conditions shall be removed and replaced at no additional cost to the Owner. 3. Stain Prevention: a. Immediately remove excess mortar and soil from exposed face of stone walls to prevent staining. b. Protect base of walls from rain-splashed mud and mortar splatter. C. Protect all pavements and all adjacent surfaces from mortar droppings. 3.02 BASALT STONE A. General: Install per construction drawings. Conform to International Building Code requirements. Coordinate with work of other trades. Conform to standard trade practices and all OSHA regulations when moving and setting stones on site. B. Layout: The precise location and orientation of the columnar basalt stones will be as directed in the field by the Owner's Representative. Stake locations for approval. Owner's Representative to be present during installation. C. Set stones on crushed rock base. For vertical stones, pour concrete footings after location and orientation are approved. For horizontal stones, shape crushed rock base to receive stone. Place horizontal stone with selected bench surface sloping 1-2% towards the outside of the circle. D. Anchor Ties: Per approved shop drawings and mock-up. Anchor ties shall be spaced to support not more than 1.5 square feet of wall area and shall not be more than 18" on center horizontally. 3.03 BLUE STONE WALL A. Layout: The outside face of the wall is to be V-6" from the outside face of the monument base. The wall thickness shall be 8-10". Larger stones may need to be scored and snapped. Orient newly cut edges to the back of the wall. Do not use cut pieces in the wall cap. Renton Municipal Airport—South Entrance Stone Masonry Renton, Washington 04400-3 Construction Documents MacLeod Reckord B. Installation: Generally set stones with longest dimension horizontal. Randomly place largest and smallest stones to achieve a "random pattern". Intermix stone colors—do not group together stone from the same color range. Stone wall face shall be vertical. Stone wall caps and horizontally placed stones shall be the large stones from the dimension range where possible with a relatively flat exposed surface. Mortar joints on vertical faces shall be raked, recessed +/- Y2" and shall be +/- 3/8"wide. Mortar joints on tops of walls shall be flush with stone surface and shall be +/- 3/8° wide. C. Cleanup: 1. In-Progress Cleaning: Clean stone wall assemblies as work progresses. Remove mortar fins and smears prior to tooling joints. 2. After mortar is thoroughly set and cured, thoroughly clean stone wall. Remove large mortar particles by hand with wooden paddles and non- metallic scrape hoes or chisels. 3. Protect adjacent stone and non-masonry surfaces from contact with cleaner by covering them with liquid strippable masking agent, polyethylene film, or waterproofing masking tape. We wall surfaces with water before applying cleaner; remove cleaner promptly by rinsing thoroughly with clear water. 4. Clean stone wall by bucket and brush hand-cleaning method. Clean stone wall with proprietary acidic cleaner applied according to manufacturer's written instructions. 3.04 COLUMNAR CHIPS A. Install behind blue stone wall after subdrainage, topsoil, and pea gravel are in place. END OF SECTION Renton Municipal Airport—South Entrance Stone Masonry Renton,Washington 04400-4 Construction Documents MacLeod Reckord RENTON MUNICIPAL AIRPORT— SOUTH ENTRANCE SYNOPSIS OF BIDDING INFORMATION SECTION 00020 1. PROJECT: Renton Municipal Airport, Clayton Scott Field South Entrance Improvements Perimeter Road and North Airport Way Renton,WA 98056 2. OWNER: City of Renton 1055 South Gradv Wav Renton, WA 98055 3. OWNERS REPRESENTATIVE: Ryan Zulauf, Airport Manager Transportation Systems Division -Airport Renton Municipal Airport 616 West Perimeter Road Renton, WA 98055 Phone (425) 430-7471 FAX (425) 430-7472 4. BIDS DUE: Wednesday, May 3, 2006 by 2:30 p.m. Renton City Hall- Seventh Floor— City Clerk's Office 5. TENTATIVE SCHEDULE OF WORK: The following dates represent the tentative schedule for the Work to be performed under this contract: Plans Available for Bidding Tuesday, April 18, 2006 Pre-Bid Site Walk-Thru Monday, April 24. 2006 at 10:00 am at site. Bids Due by 2:30 p.m. Wednesday, May 3, 2006 Commence Construction Work As soon as possible 6. TIME OF CONSTRUCTION: High Priority Portion of Project: 60 days. Total Project: 105 days. Liquidated Damages: $500./day after 105 days. 7. BID SECURITY: N/A 8, PERFORMANCE BOND & PAYMENT BOND: 100%of contract amount 9. WAGES: Pay-state promulgated prevailing wages rates. 10. TYPE OF CONTRACT: Single lump-sum contract encompassing all work. END OF SECTION 00020 -1 CA6 - o6-666 AIRPORT ENTRANCE REHABILITATION PROJECT RENTON MUNICIPAL AIRPORT CLAYTON SCOTT FIELD SOUTH ENTRANCE ADDENDUM NO. 2 TO THE CONTRACT DOCUMENTS Date of Issue: 26 April 2006 Date of Bid Opening: 33 May 2006 NOTICE TO ALL PLANHOLDERS: The Bid Documents for the above-named project are modified as described below. Bidders shall take this Addendum into consideration when preparing and submitting their bids. Bidders shall attach this addendum to their copy of the Contract Documents, and shall acknowledge receipt of this Addendum in the space provided in the Proposal Form. Failure to do so will subject the Bidder to disqualification of his bid. THE BID DOCUMENTS ARE MODIFIED AS FOLLOWS: ADDENDUM #1 The bid date is mistakenly changed in Addendum#9. Change the date of bid opening from 5 May 2006 to 3 May 2006. The original bid date of 3 May 2006 is the correct bid date. ALL OTHER REQUIREMENTS OF THE CONTRACT DOCUMENTS REMAIN IN EFFECT END OF ADDENDUM NO. 2 MACLEOD RECKORD Edward MacLeod,ASLA STATE OF WA5HiriL. ' REGIL . :ELJ LANDSCAPE: A;?CkJ11'L•4f EDWARD MacLEW ADDENDUM #2 1 of 1 May 1, 2006 Provided to Builders Exchange of WA,Inc. For usage Conditions Agreement see www.bxwa.com AIRPORT ENTRANCE REHABILITATION PROJECT RENTON MUNICIPAL AIRPORT CLAYTON SCOTT FIELD SOUTH ENTRANCE ADDENDUM NO. 1 TO THE CONTRACT DOCUMENTS Date of Issue: 26 April 2006 Date of Bid Opening: 5 May 2006 NOTICE TO ALL PLANHOLDERS: The Bid Documents for the above-named project are modified as described below. Bidders shall take this Addendum into consideration when preparing and submitting their bids. Bidders shall attach this addendum to their copy of the Contract Documents, and shall acknowledge receipt of this Addendum in the space provided in the Proposal Form. Failure to do so will subject the Bidder to disqualification of his bid. THE BID DOCUMENTS ARE MODIFIED AS FOLLOWS: SPECIFICATIONS: 1. Section 00020—Synopsis of Bidding Information Change 7. Bid Security: NIA"to read: 7. A certified check or bid bond in the amount of 5%of the bid must accompany each bid. 2. Section 00030—Invitation to Bid Change the last sentence of the third paragraph, "The range of the estimated construction cost is $250,000.00 to$3,000,000.00, including tax."to read: "The range of the estimated construction cost is$250,000.00 to$300,000.00, including tax. 3. Section 00020—Instructions to Bidders Change 11. Liquidated Damages, from: `The sum of One Thousand Dollars ($1,000.00)."to read: The sum of five hundred dollars($500.00). The remainder of the paragraph is unchanged. 4. Section 02810—Irrigation Add the 8 page irrigation specification attached. DRAWINGS: 1. Cover Sheet Change L3.3 Planting Schedule to read: L3.2 Planting Schedule(No Drawing Provided) 2. Sheet 1-1.1 Substitute revised Sheet L1.1. Note clouded changes and additions. 3. Sheet L5.0 Substitute revised sheet L5.0. Note clouded changes to Detail 5. ADDENDUM#1 Page 1 of 14 April 26,2006 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com 4. Sheet L5.3 Substitute revised Sheet 1-5.3, Mote clouded addition of Detail 5. 5. Sheet L5.6 Substitute revised Sheet 1-5.6, Note clouded addition of Details 2 and 3, ALL OTHER REQUIREMENTS OF THE CONTRACT DOCUMENTS REMAIN IN EFFECT END OF ADDENDUM NO.'I MACL.EGD RECKaRD Edward MacLeod.ASLA STATE Ofr �ASr�tnrG�-�� R��t3:£ ft�Gi NO APE ARCWT ADDENDUM#1 April 25,2005 Page 2 of 14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com SECTION 02810 IRRIGATION PART 1 -GENERAL 1.01 RELATED DOCUMENTS A. Drawings, General Provisions, and Appendices apply to this Section. 1.02 SCOPE A_ General: Furnish and install one completely automatic irrigation system to provide adequate irrigation of all new and restored planting shown on the plans and described in specifications, complete and ready for operation. The work shall consist of providing and installing all material necessary for a complete system, including pipe, valves, fittings, heads, automatic control equipment, and all appurtenances related thereto. Included shall be all labor for trenching, plumbing, backfill, electrical connections and adjustments, mechanical connections and other labor necessary for installation of satisfactorily operating systems. Whether mentioned or not, the intent is that the Contractor furnish a complete and operable system as indicated on the drawings. Coordinate with separate Contractor who will provide power to the permanent Controller. B. Related Work: Section 02900 Planting 1.03 GENERAL A. Plans and Details: Plans and details are diagrammatic; standard trade practices to be employed to insure economy of trenching and sleeving. Exact location of lines and heads may be determined by Contractor to provide best possible water coverage. Manufacturer's recommended head spacing shall be exceeded only with permission of Owner's representative. Piping shown under paving parallel and adjacent to planted area is intended to be placed in planted area. B. Verification: Before proceeding, verify all locations and dimensions and report to the Owner's representative any deviation or conflicts between drawings, specifications and site conditions. Extra work arising from failure to do so shall be at the Contractor's expense. Prior to construction, verify that the static pressure downstream of the existing water meter is at least 100 psi and inform Owner's Representative of actual pressure reading in writing. C. Protection of Property: Protect all work from damage and protect the Owner's and adjacent property from injury or loss arising from this Contract. 1.04 ORDINANCES, CODES AND REGULATIONS A. General: All local, municipal and State laws, rules and regulations governing or relating to any of this work are hereby incorporated into and made part of these specifications Renton Municipal Airport—South Entrance Irrigation Renton, Washington 02810-1 Construction Documents MacLeod Reckord Provided to Builders Exchange of WA, Inc.For usage Conditions Agreement see wNwv.bxwa.com and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with above mentioned rules, regulations or requirements. Where conflict may occur, rules, regulations or requirements of the governing code shall be adhered to. However, when these specifications and/or drawings call for or describe materials, workmanship or construction of a better quality, higher standard or larger size, these specifications and/or drawings shall take precedence over the requirements of said rules, regulations and codes. 1.05 MATERIALS AND WORKMANSHIP A. General: Whenever any material is specified by name/number, such specifications are for the purpose of facilitating a description of materials and establishing quality, and shall be deemed and construed to be followed by the words "or approved equal." No substitutions will be permitted which have not been submitted for prior approval to Owner's Representative. All materials shall be new, without flaws or defects and shall be the best of their class and kind. Furnish sufficient descriptive literature and/or samples for any material submitted as "equal" substitutes. B. Workmanship: All materials and equipment shall be installed in a neat and professional manner. The Owner or Owner's representative reserves the right to direct removal and replacement of any items, which in their opinion do not present an orderly and neat or professional appearance. Such removal and replacement shall be done, when directed in writing, at Contractor's expense without additional cost to Owner. 1.06 EXISTING UTILITIES AND STRUCTURES A. General: Exact location of all existing utilities and structures, irrigation lines and other underground utilities, whether or not indicated on the drawings, shall be determined by the Contractor. Conduct work so as to prevent interruption of service or damage. Contractor shall be responsible for repair of any utilities and related paving, surfacing or planting damaged in the course of his work. 1.07 RECORD DRAWINGS A. General: Owner's Representative will furnish Contractor with one set of prints, showing all irrigation work required under this contract, for the purpose of having the Contractor record on these prints all changes made during actual installation of system, Immediately upon installation of any piping, valves, wiring, sprinkler heads, etc., in locations other than shown on the original drawings, Contractor shall clearly indicate such changes on the drawings. This set of drawings to be submitted to the Owner's Representative upon acceptance of work. 1.08 MAINTENANCE AND OPERATIONS MANUAL A. Contractor shall provide two (2) sets of all manufacturer's maintenance data sheets, replacement parts lists, equipment brochures and systems operations information bound in 3-ring binders. Composite data sheets shall have the specific product used on this Renton Municipal Airport—South Entrance Irrigation Renton,Washington 02810-2 Construction Documents MacLeod Reckord Provided to Builders Exchange of WA, Inc.For usage Conditions Agreement see www.bxwa.com project clearly identified in colored ink marking. Submit maintenance and operations manual to Owner upon acceptance of work. B. Training: Contractor shall meet with Owner's maintenance personnel as necessary to provide information and answer questions regarding operation and maintenance of the irrigation system. 1.09 GUARANTEE A. General: It shall be the Contractor's responsibility to insure and guarantee complete coverage of the areas shown on drawings. The Contractor shall also guarantee satisfactory operation of entire system and workmanship for a period of one year from the date of Final Acceptance. Contractor is responsible for winterization the first year following installation. B. Temporary Repairs: Owner may make temporary repairs as necessary during guarantee period, This will not absolve Contractor of guarantee responsibilities. C. Letter of Guarantee: Provide a signed letter stating that the Contractor will conform to the guarantee requirements stated in the specification. PART 2 -PRODUCTS 2.01 PIPE A. Pipe: Sizes shall conform to those shown on drawings. No substitutions of smaller pipe sizes will be permitted but substitutions of larger sizes may be used with approval of Owner's representative. All damaged pipe or pipe rejected because of defects shall be removed from the site at the time of rejection. B. Plastic Pipe: Rigid unplasticized PVC Schedule 40 or Class 200 extruded from virgin parent material of size specified on drawings. Pipe shall be homogeneous throughout and free from visible cracks, holes, foreign materials, blisters, wrinkles and dents. C. Plastic Pipe Fittings: Schedule 40 or Schedule 80 molded fittings manufactured of same material as the pipe and suitable for solvent weld, slip joint ring tight seal, or screwed connection. Slip fittings socket taper shall be so sized that a dry, unsoftened pipe end, conforming to these special provisions can be inserted no more than halfway into the socket. Plastic saddle and flange fittings will not be permitted. When connection is plastic to metal, Schedule 80 male adaptors will be used. The male adaptor shall be hand tightened, plus one turn with a strap wrench. All ells and tees on the Schedule 40 PVC mainline shall be galvanized malleable iron. D. Identification: Ali pipes shall be continuously and permanently marked with the following information: manufacturer's name or trademark, size, schedule and type of pipe, Renton Municipal Airport—South Entrance Irrigation Renton, Washington 02810-3 Construction Documents MacLeod Reckord Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com working pressure at 73 degrees F. and National Sanitation Foundation (N.S.F.) approval. E. PVC Solvent Cement: In accordance with ASTM D-2564-7a. F. Delivery: Plastic pipe shall be delivered to site in unbroken bundles or rolls, packaged in such a manner as to provide adequate protection for pipe ends, either threaded or plain. G. Sleeving: Schedule 40 PVC, or SDR 35 (over 6" diameter), sizes as indicated on the drawings. 2.02. IRRIGATION HEADS A. General: Irrigation heads shall be marked with the manufacturer's name and identification. B. Heads: Irrigation heads, nozzles, bodies, etc., as indicated on drawings. 2.03 VALVES A. Automatic Zone Valves: Rainbird PEB series or PEB-PRS-B Plastic, size and pressure regulation option per valve key. B. Double Check Valve: Febco 850U, 1-112". C. Quick Coupling Valve: Rainbird model 44LRC, with corresponding valve key and swivel hose ell. D. Gate Valves: Bronze, same size as line, with cross-type handle, and fully ported. F. Master Valve: Rainbird EFB-CP brass, 1-112". G. Pressure regulating valve: 1-112"Wilkins model 600. 2.04 CONTROLLER A. Leit model X12 solar powered controller, mounted on Leit mounting column model MCOLXL, with Leit model ENCL X enclosure. Provide also required Leit Key for programming, and LEMA 1521S Actuators (DC latching Solenoid) for use on Rainbird EFB and PEB valves. 2.05 CONTROL WIRE A. Control Valves and Master Valve: No. 14 single strand copper, designated for 24-50 volts, UL approved, Type U.F. (Underground Feeder). Copper conductor must meet or exceed ASTM B-3 Specifications. White: common. Red: control valve impulse. Blue: Renton Municipal Airport—South Entrance Irrigation Renton, Washington 02810-4 Construction Documents MacLeod Reckord Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com master valve impulse. Orange: run to farthest valves as spares. See irrigation plan for quantities of spare wires for each branch of the mainline. B. Wire Splices: 3M-DBY or 3M-DBH 2.06 VAULTS AND BOXES A. Valve boxes: Valve boxes in lawn or plant bed areas to be Carson Jumbo vault, extensions as required. B, Main Assembly and Meter Vaults: Carson Vaults as detailed. 2.07 RAIN SENSOR A. General: Hunter Rain-Clik Rain Sensor, connected to controller with Leit model SKIT 8821-4 Switch Type Sensor Adaptor. 2.08 METER A. Existing. 2.09 OTHER MATERIALS A. All other materials, not specifically described but required for a complete and proper irrigation system installation, shall be new, first quality of their respective kinds, and subject to the approval of the Owner or his representative. PART 3 - EXECUTION 3.01 EXCAVATION AND BACKFILL A. General: Coordinate irrigation pipe layout with utilities and other underground obstructions. B. Excavation: Trenches for irrigation lines shall be excavated to depth and width sufficient to permit proper handling and installation of pipe and fittings. Trenches shall be straight and without abrupt grade changes. Trench bottoms shall be flat. Coordinate trenching between sites with other trades. C. Depth: Allow minimum 12-inches cover over all lateral lines and minimum 18 inches cover over all main lines after finished grades are established. Maximum depth of pipe shall be 18 inches below finished grade for laterals and 24 inches below finished grade for main lines. D. Backfill: Backfilling shall be done when pipe is not in an expanded condition due to heat or pressure. Cooling of the pipe can be accomplished by operating system for a short Renton Municipal Airport—South Entrance Irrigation Renton,Washington 02810-5 Construction Documents MacLeod Reckord Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com time before backfilling, or by backfilling in the early part of the morning before heat of the day. Backfill shall contain no lumps or rocks larger than 1-inch. Do not backfill with frozen or muddy material. Backfill trenches and remove spoils before the end of each work day. E. Compaction: Use hand-operated, plate-type, vibratory or other suitable hand tampers in areas not accessible to larger rollers or compactors. Compact initial backfill material surrounding pipes and conduit to 90 percent maximum density. For pipes, conduits and sleeves under roads or slabs, compact backfill as specified herein for other utilities under roads or slabs. 3.02 SLEEVING AND CONDUIT A. General: Installed prior to installation of irrigation system. General Contractor shall take special care in coordinating required work of various trades. Sleeve all roads, walks, wails and other hard surfaces. Minimum pipe depths apply. B. Provide electrical conduit to controller within buildings. 3.03 PIPING A. General: Install in a manner so as to provide for expansion and contraction as recommended by manufacturer. Cut plastic pipe to ensure a square cut. Remove burrs at cut ends prior to installation. Solvent-weld or slip seal all plastic joints. Only solvent recommended by pipe manufacturer shall be used. Install all plastic pipe and fittings as shown and instructed by pipe manufacturer. Contractor shall assume full responsibility for correct installation. B. Joints: All plastic to metal joints shall be made with plastic Schedule 80 male adaptors. Care should be taken at solvent joints not to use an excess amount of solvent. Allow PVC joints to set at least 24 hours before pressure is applied to system. Use pre-primer at joints. Contractor shall furnish Owner with sample 2-112" glue joint once per week during construction of irrigation system. Sample shall be a coupling glued to a short length of pipe. C. Galvanized Pipe and Fittings: All buried galvanized pipe, including valve fittings, shall be painted with Series 69 High Build Epoxoline#2 to prevent corrosion (see 2.01 G). Thoroughly paint all male threads. If painting is done before assembly, touch up after assembly. 3.04 WIRING A. General: Install all electrical Control Wire and Conduit as shown on drawings and/or specified. There shall be no splices of wires between valves and controller. B. Connections at Controller: Each control valve is connected to one station of controller and shall have wire sizes as shown or as specified, Controller shall have a separate Renton Municipal Airport—South Entrance Irrigation Renton,Washington 02810-6 Construction Documents MacLeod Reckord Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com common ground wire system. A junction box is to be provided by Contractor at controller location for connection. Connect master valve to master valve start circuit on controller. C. Underground splices shall be made with vinyl insulated connectors and sealed in epoxy resin, All splices to be made in electrical junction boxes. 3M-DBY or approved. D. Extra Wiring: Run 6 spare wires from controllers along entire length of new main line, split for main line branches as indicated on the irrigation plan, and loop through each valve box. 3.05 IRRIGATION HEADS A. General: Install all heads as detailed on drawings, adjusting location as necessary to achieve maximum coverage as intended. Heads adjacent to walks, walls or curbs and other paved areas shall be set 4-inches from edge of paving. Balance and adjust all nozzles after entire system is operable. Set heads perpendicular to finish grade unless otherwise indicated. B. Adjustment: All nozzles on stationary sprinklers or spray heads shall be tightened after installation. All sprinklers having an adjusting screw, adjusting stem or adjusting friction collars shall be adjusted on a lateral line of circuit as required for proper arc, coverage, radius, diameter and/or gallonage discharge. 3.06 RISER ASSEMBLIES A. General: All swing joint assemblies shall be constructed as detailed. All necessary nipples and risers shall be lengths as required to adjust head to proper finish grade. 3.07 VALVES A. General: Stake location of all valve boxes for approval prior to installation. Install as detailed on plans. Before installation, the supply line must be thoroughly flushed. Use valve box extensions to ensure that box extends completely below the bottom of the valve. Install locking cover bolts. B. Backflow Assembly: Install per code and as detailed in specified concrete vault. 3.08 CONTROLLER A. General: Wall mount new controller as directed by Owner's Representative, and in accordance with manufacturer's directions. Provide all electrical hook-ups as required for safe operation of the system in conformance with all governing codes and regulations. Install rain sensor on wall adjacent to controller as directed. Renton Municipal Airport-South Entrance Irrigation Renton, Washington 02890-7 Construction Documents MacLeod Reckord Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see vww✓.bxwa.com 3.09 FLUSHING AND TESTING A. Flushing: After all new irrigation piping and risers are in place and connected, all necessary division work has been completed and prior to installation of irrigation heads, all control valves shall be opened and a full head of water used to flush out the system completely. B. Testing: Request no tests until confident work will pass. C. Main Line Pressure Test: After flushing is complete, pressure test mainline with all valves installed in operating order, and associated gate valves open, to 150 psi. System will pass test when it maintains less than 5% drop in a 30 minute time period in the presence of Landscape Architect or Owner's Representative. D. Lateral Line Pressure Test: Pressure test lateral lines with all lateral tees plugged or swing joints capped to 100 psi. System will pass test when it maintains less than 5% drop in a 15 minute time period in the presence of Landscape Architect or Owner's Representative. E. Coverage: Contractor, in the presence of Owner's representative, shall perform a water coverage test to determine whether water coverage and operation of the system is adequate for planting. If system is determined by Owner's representative to be inadequate due to Contractor's poor workmanship or materials, it shall be replaced or repaired at Contractor's expense and test repeated until accepted. Dry spots or areas without sufficient overlap will not be acceptable. Excessive overspray on adjacent pavement or roadway will not be acceptable. END OF SECTION Renton Municipal Airport—South Entrance Irrigation Renton, Washington 02810-8 Construction Documents MacLeod Reckord Provided to Builders Exchange of WA,Inc. 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