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HomeMy WebLinkAboutContract Nose rr/ CAG-04-097 iDocument A101"' - 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the / (o day of&gkg f in the year of a00' � (In words, indicate day,month and year) JJ BETWEEN the Owner: (Name,address and o'the'r information) ADDITIONS AND DELETIONS: City of Renton-Greg Stroh The author of this document has Renton,WA n,WA Way added information needed for its 98055 completion.The author may also Telephone Number:425430-6614 have revised the text of the Fax Number:425-430-6603 original AIA standard form.An Additions and Deletions Report and,tlte Contractor: that notes added information as (Name address and other`information) well as revisions to the standard form text is available from the Lloyd A;<Lynch, nc. author and should be reviewed. $ P O.$oz 13Q A vertical line in the left margin of Wofxlinville;WA 98072^; this document indicates where the author has added necessary information and where the author Pro"GCt is has added to or deleted from the (Name and location) original AIA text. This document has important Project Pro lacement Roof Re Communt Y � P .1 legal consequences. 1 aloTalty Consultation with an attorney a �Mt c ton+WA�98ff is encouraged with respect to The c Y is_ its completion or modification. (Name address atheri,' rmation) AIA Document A201-1997, General Conditions of the Contract for Construction,is adopted in this document by reference.Do not use with other general conditions unless this document is modified. The Owner and Contractor agree as follows. This document has been approved and endorsed by The " Associated General Contractors of America. AIA Document A101 n—1997.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This A10 Document Is protected by U.S.Copyright Law and International Trestles. 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 08:56:14 on 07/2812004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (4090787623) `�✓ `rt/ 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 flu&Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully apart 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 WO F THIS CONTRACT The Contractor.shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in'the ContractDocuments to be the responsibility of others. ARTICLE 3 ,DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 111 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below orprovision�s'vgade for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of bmmencement if it differs from the date of this Agreement or, if applicable,state that the date will be,lrzed in a notice,to proceed.) August 16,2004' prior to the comencement of the Work,the Owner requires time to file mortgages,mechanic's liens and other security nfezests tbe�wner~s dine requirement shall be as follows: 32 no Contract Time shall be measured from the date of commencement. §3 3,1 6,Contractor shah achieve Substantial Completion of the entire Work not later than 30 days from the date 0 '00iiihiencement,orsas-lallows: { elf ntemb calendar days.Alternatively,a calendar date may be used when coordinated with the date of �nc Uxflexs stated elsewhere in the Contract Documents,insert any requirements for earlier Substantial >, Cottspletidt of e8,t�pottions of7te`K�vr1G) s Y " tPortion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Irtserlprovisions.}f an� o7'luluidated damages relating to failure to complete on time or for bonus payments for early completion ofie iYork j «; $100 per.caleat44r1day vy ARTICLE 4140 Z-1 'M "§ 4,.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract_The Contract Sum shall be Eighty-one Thousand Twenty-nine Dollars and Eighty-nine Cents ($ 81,0291,$9),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 ace hereby accepted by the Owner: (State the,numbers or other identification of accepted alternates.If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement,attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A101 n—1997.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved WARNING:This AIA!Document is protected by U.S.Copyright Law and international Treaties. 2 Unauthorized reproduction or distribution of this 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 08:56:14 on 07/28/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (4090787623) 4.3 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,oras'follows: §3.12 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment to the Contractor not later than the day of the same month.If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than ( )days after the Architect receives the Application for Payment. ,§514 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in aecorttaiice with the Contract Documents.The schedule of values shall allocate the entire Contract ;Sum among thevanous portions of the Work.The schedule of values shall be prepared in such form and supported ruby iud tiara 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. §5.11 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. ME �� §51.�ublecto othc provisions of the Contract Documents,the amount of each progress payment shall be coitputed lasollo� a 1��I`ake 13ortion cif the Contract Sum properly allocable to completed Work as determined by g t perce ntage completion of each portion of the Work by the share of the Contract Sum all" to that portion of the Work in the schedule of values,less retainage of five percent(596). Pending f *temiiriat on 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,portiou of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by�the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent(5%); .3 '° Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: 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 A101 n—1997.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This A10 Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA*Document,or any portion of 14 may result le 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 08:56:14 on 07/28/2004 under Order No.1 00 01 1 7582-1 which expires on 5/10/2005,and is riot for resale. User Notes: (4090787623) (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 perrenta$es inserted in Sections 5.1.6.1 and 5.1.6.2 above,and this is not explained elsewhere in the Contract Documents;lnsert here,provisions for such reduction or limitation.) § 5.1.9 Except,with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 MAL PAYMENT §5.2.1 payment,.conshtuting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when: 1 the Contractor bas,fully performed the Contract except for the Contractor's responsibility to correct Workas provlclsd'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 Architects final Certi#cate for Payment,or as follows: M AR' CLE 6 TERMINATION OR SUSFtMION � 8.1' Gon4ract may be tertntt afed by the Owner or the Contractor as provided in Article 14 of AIA Document ;6 �Y y Woc Imay be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. y, ARTICLE 7 MISCELLANEOUS PRQVISIONS 'I Where reference"is made in'this Agreement to a provision of AIA Document A201-1997 or another Contract bocwment,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.. ;t§72 Payments dne and unpaid under the Contract shall bear interest from the date payment is due at the rate stated � below,ox>n the absence thereof,at the legal rate prevailing from time to time at the place where the Project is .:heated. (Insert rate of tntetest 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 lsewhere.may a,�`ect 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 m—1997.Copyright c 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA!Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:56:14 on 07/28/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (4090787623) NWOK .0,i Greg Stroh, Facilities Manager,City of Renton 1055 S.Grady Way Renton,WA 98055 §7.4 The Contractor's representative is: (Name,address and other information) Lynn Lynch President,Lloyd,A.Lynch,Inc. P.O.Box 1305 Woodinville,WA 980'12 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §7.6 Other provisions: ARTICLE 8 ENUINEIIATION�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. The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Doctiinent A201=;19 '7 8.13 ThC Supplementary and other Conditions of the Contract are those contained in the Project Manual dated ;and areforio "S �r Document" Title Pages Project Manual Division 0 21 §'8.1.4 The Specifications;are those contained in the Project Manual dated as in Section 8.1.3,and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages Divisions I",through 7 Project Specifications 22 §8.1.5 The Drawings are as follows,and are dated May 13,2004 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number'- Title Date Page 1 Soldered or Sealed Corners 5/13/2004 Page 2 No title 5/13/2004 Page 3 Formed Metal Copings-Dual 5/13/2004 Wall(Fig.3-8) AIA Document A101 n—1997.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document Is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA!Document,or any portion of 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 08:56:14 on 07/28/2004 under Order NO.10001175821 which expires on 5/10/2005,and is not for resale. User Notes: (4090787623) "'�►'' wry+ Page 4 Formed Metal Copings- 5/13/2004 Design Data(Fig.3-1) A3-1 Roof Plan 8/1/1989 §8.1.6 The Addenda,if any,are as follows: Number Date Pages Addendum#1" 1 Addendum k 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. F: §8.1.7 Othei 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 budding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are notpart of the Contract Documents unless enumerated in this Agreement. They should be listed here Only if intended to be part of the Contract Documents.) 4 RA Ttus Agreement is entered into as of the day and year first written above and is executed in at least three original b copte`s; if whtch bne is to bedelivered to the Contractor,one to the Architect for se in the administration of the - Co the"to t°to the Owner. OWNEX(Stnature): Signature) Kathy Keolker ,Wheeler, Mayor Lloyd A. Lynch, President (Prtrt and te' (P ted name a title) �n Z Wi EST 'S:gnature) �3 ( BottmeXa�ton,, Clerk Susan Hagbrandt, Office nt {Pilttedname�tailitle) a� w M rga t yrlc -S c tart'/Treasurer OW4 OF AIA Document AtO1Ta—1997.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. Ali rights reserved. WARNING:This AIO Document Is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIA*Document,or any portion of it may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:56:14 on 07/28/2004 under Order No.1000117582_1 which expires on 5110/2005,and is not for resale. User Notes: (4090787623) SECTION 0: 0-BOND TO THE CITY OF RENTON F'- CAG-04-097 ATTACHMENT Bond No. 6 70 18 41 KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned Lloyd A. Lynch General Contractor, Inc. P.O. Box 1305, Woodinville, WA 98072 p 'DW�amid Great American Insurance Company, 580 Walnut Street, Cincinnati, OH 45202 as corporation organized and existing under the laws of the State of Ohio 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$ ***$81,029.89)*** 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. rnJ Dated at Renton .Washington,this day of ftGiq USty`,2004 Nevertheless,the conditions of the above obligation are such that WHEREAS,under and pursuant to Public Works Construction Contract CAG-D V-D 177 providing for construction of Renton Community Roof Replacement Project, 1715 Maple Valley Highway Pmjw Name Renton, WA 98055 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 faiiMully perform all of the provisions of said contract in the manner and within the time therein set forth,or within such extenslons 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 time 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 Lloyd A. Lynch General Contractor: Inc. Great American Insurance Company Principal Surety s 6912 220th St. SW Suite 315 Mountlake Terrace, WA 98043 Signature Sure Address Lynn A. Lynch, President Name and 750a Agent's Signature Judith A. Rapp, Attorney-in-Fact Signed and Sealed this_16* day of Name and Title S-f A.D. 2004 00910.1 Wolf-Majeskey ppH Inc. REP CEW-WRCC OFRMON FORM P.O. Box 2984, Spokane, WA 99220 (509) 535-9178 A GUAT AIVERICAN INSURANCE COMPANY* 580 WALNUT STREET.CINCINNATI, OHIO 45202.513-369-5000•FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No.013832 FIVE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power WALTER W. WOLF JUDITH C. KAISER—SMITH ALL OF ALL JUDITH A. RAPP JAMES E. MAJESKEY, II SPOKANE, WASHINGTON UNLIMITED JO ANN MIKKELSEN This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 29th day of January, 1999 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON —ss: On this 29th day of January, 1999 before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one ormore Attorneys-In-Fact to execute on behalf of the Company,as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority,and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking,contractor suretyship,or other written obligation in the nature thereof,such signature and seal when soused being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 16)46 day of 4U LG S 2004. S1029S(11,97) J 1��(►l1l!L.t1L Yw Gm INSURANCE COMPANIES TERRORISM COVERAGE RIDER NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury,under which the federal government shares,with the.insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that,to be certified, an Act of Terrorism must.cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No.6 70 18.41 , effective Y-/6-,I00� In accordance with the Terrorism Risk Insurance Act of 2002,we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including,but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company)is the surety. The United States Government,Department of the Treasury,will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002,we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. Lloyd A. Lynch General Contractor, Inc. fir+ CAG-04-097 ATTACHMENT Bond No. 6 70 18 42 RELEASE OF RETAINAGE BOND OF CONTRACTOR KNOW ALL MEN BY THESE PRESENTS: That we Lloyd A. Lynch General Contractor, Inc. P.O. Box 1305, Woodinville, WA 98072 (hereinafter called Principal), as Principal, and _Great American Insurance Company, 580 Walnut Street, Cincinnati, OH 45202 a corporation organized and doing business under and by virtue of the laws of the State of Ohio , and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of Washington , (hereinafter called Surety), as Surety, are held and firmly bound unto City of Renton. 1055 South Grady Way, Renton, WA 98055 (hereinafter called Obligee) in the just and full sum of ***Three Thousand Seven Hundred Twenty Three and 80/100*** ($ 3,723.80 ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and each of our successors and assigns,jointly and severally, firmly by these presents. THE CONDITIONS OF TkIIS OBLIGATION ARE SUCH THAT. Whereas, the said Principal on the 16'0' day of /(t[qu sf'U . 2 004 entered into a written contract with the said obligee for Renton Community Roof Replacement Project, 1715 Maple Valley Highway Renton, WA 98055 which said contract is hereby referred to and made a part hereof by reference. WHEREAS, the above named Principal has requested release of Retained percentage earned or which may be earned under said contract, and, WHEREAS, the obligee is willing to release retained percentage in advance of contract terms relating to payment provided the principal shall file bond to indemnify the oblige for all loss, cost or damages which the obligee may sustain by reason of payment of retainage to the principal. NOW, THEREFORE, the condition of this obligation is such that if the principal shall indemnify the obligee for all loss, cost or damages, which the obligee may sustain by reason of payment of retainage percentage to the principal then this obligation shall be null and void otherwise to remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this /� day of Agugusf , A.D. 2 004 . Lloyd . Lynch General Contractor, Inc. BY J�4/ r reann L nch, President t American Insurance Company BY - Attorney-in-Fact Judith C. Kaiser-Smith Vow GREAT MARICAN INSURANCE COMPANY° 580 WALNUT STREET•CINCINNATI, OHIO 45202.513-369-5000• FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No.013832 FIVE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power WALTER W. WOLF JUDITH C. KAISER--SMITH ALL OF ALL JUDITH A. RAPP JAMES E. MAJESKEY, II SPOKANE, WASHINGTON UNLIMITED JO ANN MIKKELSEN This Power of Attorney revokes all previous powers issued in behalf of the attorneys)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 29th day of January, 1999 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON—ss: On this 29th day of January, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one ormore Attorneys-In-Fact to execute on behalf of the Company,as surety,anyand all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,•to prescribe their respective duties and the respective limits of their authority,and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking,contract orsuretyship,orother written obligation in the nature thereof,such signature and seal when so used beinghereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 164A day of �u9us-f 2004 S 1029(1197) 'mss *00, mAAMERICAN. INSURANCE COMPANIES TERRORISM COVERAGE RIDER NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury,under which the federal government shares,with the,insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism.The Act provides that,to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. 6 70 18 42 , effective In accordance with the Terrorism Risk Insurance Act of 2002,we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including,but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company)is the surety. The United States Government,Department of the Treasury,will pay a share of terrorism losses insured under the terms of the Act.. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Apt of 2002,we are required to provide you with a notice disclosing the portion of your premium,if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. Lloyd A. Lynch General Contractor, Inc. c L ROOF REPLACEMENT L for the L RENTON COMMUNITY CENTER L L L 1 Y o L + L CITY OF RENTON L COMMUNITY SERVICES DEPARTMENT FACILITIES DIVISION 1055 SOUTH GRADYWAY L RENTON,WASHINWON LAugust,2004 t L PROJECT SPECIFICATIONS L t ;wr ROOF REPLACEMENT for the RENTON COMMUNITY CENTER `�Y O .Jl N �O CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FACILITIES DIVISION 1055 SOUTH GRADY WAY RENTON,WASHINGTON August,2004 PROJECT SPECIFICATIONS ROOF REPLACEMENT - RENTON COMMUNITY CENTER TABLE OF CONTENTS TITLE NUMBER OF PAGES Tableof Contents.................................................................................................................................2 DIVISION 0- BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT �w• 00020 Synopsis of Bidding Information............................................................................................2 00030 Invitation To Bid.....................................................................................................................1 00040 Bid Submittal Checklist..........................................................................................................1 00100 Instructions to Bidders...........................................................................................................3 00300 Bid Form- Form Of Proposal ................................................................................................4 00400 Non-Collusion,Anti-Trust, &Minimum Wage Form...............................................................1 00500 Contract.................................................................................................................................1 00700 General Conditions................................................................................................................1 00800 Special Conditions.................................................................................................................2 00900 Fair Practices Policy Affidavit of Compliance Form...............................................................1 00910 Bond To The City Of Renton Form........................................................................................1 �.► 00920 Insurance Requirements.......................................................................................................3 «� DIVISON 1 -GENERAL REQUIREMENTS 01010 Summary of Work and Sequences........................................................................................1 +�* 01028 Change Orders......................................................................................................................2 01500 Construction Facilities, Utilities, and Temporary Controls .....................................................2 01700 Project Closeout......................................................................................................... ..........2 DIVISION 2-SITEWORK 02070 Selective Demolition..............................................................................................................2 �r ROOF REPLACEMENT RCC TC- 1 TABLE OF CONTENTS 4w ROOF REPLACEMENT - RENTON COMMUNITY CENTER TABLE OF CONTENTS DIVISION 7-THERMAL AND MOISTURE PROTECTION 07525 SBS Modified Bitumen Roofing...........................................................................................11 wo 07621 Sheet Metal Flashing and Copings .....................................................................................2 40 DRAWINGS RCCRoof Plan.....................................................................................................................................1 Sheet Metal Flashing and Coping Details .........................................................................................4 ,rr ROOF REPLACEMENT RCC TC-2 TABLE OF CONTENTS wi As +rr lo +re- BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT DIVISION 0 go SECTION 00020-SYNOPSIS OF BIDDING INFORMATION A. PROJECT: ROOF REPLACEMENT Renton Community Center 1715 Maple Valley Highway Renton, WA 98055 B. OWNER: City of Renton 1055 South Grady Way Renton, WA 98055 rr C. OWNERS REPRESENTATIVE: Greg Stroh, Facilities Manager Community Services Department City of Renton 1055 South Grady Way Renton, WA 98055 'ow Phone (425) 430-6614 FAX (425)430-6603 D. BIDS DUE: Thursday, July 22, 2004 2:30 P.M. Renton City Hall- Seventh Floor-City Clerks Office to After Bids are received and time-stamped by the City Clerk, the bids will be opened in the Conference Room #521 on the Fifth Floor of City Hall to E. TENTATIVE SCHEDULE OF WORK: The following dates represent the tentative schedule for the Work to be performed under this contract: Plans Available for Bidding Wed July 7, 2004 ar Pre-Bid Site Walk-Thru 10:00 AM Wed July 14, 2004 Bids Due 2:30 PM Thurs July 22, 2004 Commence Work Mon Aug 16, 2004 F. TIME OF CONSTRUCTION: Thirty (30)calendar days. Liquidated damages thereafter at one-hundred dollars ($100) per day. G. BID SECURITY: None �w 00020-1 ROOF REPLACEMENT RCC SYNOPSIS OF BIDDING INFORMATION a H. PERFORMANCE BOND& PAYMENT BOND: 100% of contract amount I. WAGES: Pay state prevailing wages rates. J. TYPE OF CONTRACT: Single lump-sum contract encompassing all work END OF SECTION > wr 00020-2 ROOF REPLACEMENT RCC SYNOPSIS OF BIDDING INFORMATION 16 SECTION 00030-INVITATION TO BID ROOF REPLACEMENT w� for the RENTON COMMUNITY CENTER w CITY OF RENTON CALL FOR BIDS Community Center Roof Replacement You are invited to submit a sealed bid for the Roof Replacement on the City of Renton Community Center located at 1715 Maple Valley Highway, Renton, Washington. Bids are due at the Office of the City Clerk, Seventh Floor, City Hall, 1055 So. Grady Way, Renton, WA, 98055 at 2:30 P.M., Thursday, July 22, 2004. The project consists of providing a new two-ply reinforced SBS modified asphalt membrane system mechanically attached and heat welded over slip sheet/fire barrier, existing EPDM roofing and plywood decking. Installation shall be complete with related fiashings,scuppers,cant strips, and performing such ,► incidental or other work as may be necessitated by these operations. Approximately 140 squares. A pre-bid walk-thru will be held on Wednesday, July 14th, at 10:00 AM, at the Renton Community Center. Bid documents will be handed out at the pre-bid walk-thru. Attendance by bidders is mandatory. Questions shall be addressed to Greg Stroh, Facilities Department, 1055 So. Grady Way, Renton, WA 98055,phone (425)430-6614. The City reserves the right to reject any and all proposals and to waive minor irregularities in the proposal process. • 00030-1 ROOF REPLACEMENT RCC INVITATION TO BID wr SECTION 00040-BID SUBMITTAL CHECKLIST The following items are required to be submitted for the Bid. Other forms not listed below but included in these Specifications are for informational purposes and need only be executed by the successful Contractor. LIST OF REQUIRED SUBMITTALS ❑ Bid Proposal Form (Section 00300) ❑ Combined Affidavit and Certification (Section 00400) ❑ Contractor's Certificate of Insurance(Section 00920) MW ROOF REPLACEMENT RCC 00040.1 INVITATION TO BID err �,. SECTION 00100 - INSTRUCTIONS TO BIDDERS A. BIDDERS REPRESENTATIONS 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. Bid 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. B. BIDDING DOCUMENT INTERPRETATIONS Bidders requiring clarification or interpretation of the Bidding Documents shall contact the City's Representative at least four days prior to the date of bids due. Interpretations, corrections, and changes to the Bidding Documents will be made by Addendum issued no later than three days before bids due. C. SUBSTITUTIONS Substitutions not accepted. D. BID FORMS • Bids shall be submitted on forms identical to the form included with the Bidding low Documents. All blanks on the bid form shall be filled in by typewriter or manually in ink. • Bid shall be accompanied by a signed Non-Collusion,Anti-Trust, and Minimum Wage 4W Form (Specifications Section 00400). • Bid shall be accompanied by Contractor's Certificate of Insurance per Specifications Section 00920. Bids lacking these insurance documents will be aw considered non-responsive. E. SUBMISSION OF BIDS Bids shall be submitted in a sealed envelope and marked with the words"Sealed Bid Enclosed". The envelope shall also identify the project name, bidders name, and the name of the person designated to receive the bid. ROOF REPLACEMENT RCC 00100-1 INSTRUCTIONS To BIDDERS rw Bids shall be deposited at the designated location up to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened. F. OPENING OF BIDS Bids shall be publicly opened and an abstract of the Bids made available to the Bidders. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bids received. The City further reserves the right to Award a Contract in whatever manner is in the City's best interest. G. AWARD OF BID It is the intent of the Owner to award a Contract to the lowest responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. H. POST-BID INFORMATION AND DOCUMENT SUBMITTAL After Bids are opened, the Bidder to whom award of a Contract is under consideration shall submit to the City's Representative, additional documents requested in the specifications including: Standard Form of Agreement(AIA Form A101 ) City of Renton Business License Performance Bond and Payment Bond (Section 00910) City of Renton Affidavit of Compliance(Section 00900) rwr The following document must be submitted prior to commencement of the Work and no later than 10 days after receipt of Notification of Intent To Award Contract: w Statement of Intent to Pay Prevailing Wages I. NOTICE TO PROCEED A Notice To Proceed shall be given after the building permit is approved, the City Council, City Attorney, Risk Manager approves the Contract, and the Contract is signed by the Mayor. J. TIME OF CONSTRUCTION After the designated date of Start of Work, Contractor shall proceed with promptness and dispatch and shall be substantially complete within thirty(30)calendar days. Will ROOF REPLACEMENT RCC 00100-2 INSTRUCTIONS TO BIDDERS '1 K. 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 Hundred Dollars($ 100.00) not to be construed in any sense a penalty, but as fixed, agreed liquidated damages incurred by the City for failure of the Contractor to meet the scheduled completion dates. L. CHANGE ORDER w. 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. 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 `w further markup shall be permitted to cover any other miscellaneous costs. w. o. W 4W ROOF REPLACEMENT RCC 00100-3 INSTRUCTIONS TO BIDDERS ,�. SECTION 00300-BID FORM �- FORM OF PROPOSAL ( BID ) for the ROOF REPLACEMENT of the RENTON COMMUNITY CENTER 1715 Maple Valley Highway Renton, Washington Bids Due: 2:30 P.M. Thursday July 22, 2004 ow To: City Clerk, Room#728 04 Seventh Floor of City Hall 1055 South Grady Way Renton, WA 98055 aw The undersigned hereby certifies that they have carefully examined the Contract Documents as defined in ew the General Conditions entitled "Roof Replacement for the City of Renton Community Center, 1715 Maple Valley Highway, Renton, WA and have examined the site of the work and the location where said work is to be done, and fully understands the manner in which payment is proposed to be made for the cost w. thereof, hereby proposes to furnish all materials and to perform all labor which may be required to complete said work within the time fixed, and upon the terms and conditions provided in said Contract Documents for consideration of the following amount: 1 A. BASE BID 4W For all work shown in the Contract Documents, the sum of: $ ow Washington State Sales Tax: $ Grand Total Base Bid: $ No B. CONDITIONS OF PROPOSAL 1. Determination of Low Bidder: The owner reserves the right to'Award a Contract'based on the Contractor's Proposal Amounts for Base Bid and/or Breakdown , in whatever manner is in the Owner's best „w interest. 2. Overhead and Profit: All of the above Bid Prices shall include overhead and profit. 3. Sales Tax: All of the above Bid Prices shall include Washington State Sales Tax. 00300.1 ROOF REPLACEMENT RCC BID FORM C. PERIOD OF BID VALIDITY I ACCEPTANCE OF BID 1. BASE BID , The undersigned hereby agrees that this BID as described in paragraph "A" shall be a valid and firm offering for the period of sixty(60)days from closing time for the "Receipt Of Bids." Acceptance of Bid: Within sixty(60)days after the opening of Form Of Proposal, the City �W 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 ( if required ), evidence of insurance to execute the agreement set forth in the Contract Documents, and other designated documents. D. EXECUTION OF CONTRACT If written "Notice of Intent to Award Contract" is mailed,telegraphed,facsimile,or delivered to the undersigned within the"period of Bid Validity" noted above,or any time thereafter before this Bid is withdrawn, the undersigned will,within ten (10)days after the date of such notification, execute a Contract in the form of the AIA Document Al01 "STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR-STIPULATED SUM", 1997 edition E. TIME FOR COMPLETION The undersigned hereby agrees to"FINAL COMPLETION"of all Work outlined in the Contract Documents within thirty(30)calendar days after receipt of Notice to Proceed with established Start Date. ' F. LIQUIDATED DAMAGES vo If the Contractor fails to complete the Work by the FINAL COMPLETION DATE (or such extension of that date which might be granted by the Owner), he agrees to abide by all provisions of the Contract. In addition, Liquidated Damages in the amount of One " Hundred Dollars($ 100.00)will be assessed for each calendar day that the Contractor exceeds the"FINAL COMPLETION DATE." 00300.2 ROOF REPLACEMENT RCC BID FORM ow aw G. ADDENDUM RECEIPT Receipt of the following "ADDENDA" to the CONTRACT DOCUMENTS is acknowledged: Addendum No. Date Addendum No. Date •w. H. EXECUTION OF PROPOSAL Name of Firm State License Registration No. Address City State Zip Code Telephone ( ) FAX ( ) The undersigned designates the above as the firm and address to which "NOTICE OF CONTRACT AWARD" may be mailed, hand delivered or delivered via facsimile. 1W NOTE: If a Bidder is a corporation,write state of incorporation; and if a partnership, give full names and *W addresses of all partners below: ow .o 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 Sgned Printed Title 00300-3 ROOF REPLACEMENT RCC BID FORM VW I. ENCLOSURES PROVIDED BY CONTRACTOR The Contractor shall provide the following enclosure with this Form of Proposal: 1. Non-Collusion Affidavit,Assignment of Antitrust Claims To Purchaser, Minimum Wage Affidavit Form,which is located in this Specification Section 00400. 2. Certificate of Insurance as specified in Section 00920. END OF BID FORM 40 00300.4 ROOF REPLACEMENT RCC BID FORM %W SECTION 00400 - NON-COLLUSION, ANTI-TRUST, AND MINIMUM WAGE FORM ow NON-COLLUSION AFFIDAVIT Being duly swom,deposes and says,that he is the identical person who submitted the forgoing proposal or bid,and fW that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named,and further,that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid,or any other person or corporation to refrain from bidding,and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over the other Bidder or Bidders. AND CERTIFICATION RE:ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually bome by the purchaser. Therefor,vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract,except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation,or other event establishing the price under this order or contract. In addition,vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser,subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I,the undersigned, having been duly swom,deposed,say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer,workman,or mechanic employed in the performance of such work;not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract:that I have read the above and foregoing statement and certificate,know the contents thereof and the substance as set forth therein is true to my knowledge and belief. a w FOR: NON-COLLUSION AFFIDAVIT,ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT w ROOF REPLACEMENT—RENTON COMMUNITY CENTER Name of Bidder's Finn so Signature of Authorized Representative of Bidder to Subscribed and sworn to before me on this day of ,20 Notary Public in and for the State of Washington Residing at: Amp 00400-1 ROOF REPLACEMENT RCC NON-COLLUSION,ANTI-TRUST, MINIMUM WAGE FORM we "N SECTION 00500-CONTRACT 4W 101 STANDARD FORM The Standard Form of Agreement Between the Owner and the Contractor Where the Basis of Payment is a Stipulated Sum, 1997,AIA Document A-101, as follows, Articles 1 through 9 inclusive. They are included as part of the contract. The Contractor and all subcontractors shall read and be governed by them, with enclosed modifications. 3 pages of AIA document A-101 follows qM No No w. Im 00500-1 ROOF REPLACEMENT RCC GENERAL CONDITIONS up Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AIA Document A101-1997 1997 Edition -Electronic Format w. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 AIA Document A201-1997,General Conditions of the Contract for Construction,is adopted in this document by reference.Do not use with other general conditions unless this document is modified. aw This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1915,1918,1925,1937,1951,1958,1%1,1963,1967,1974,1977,1987,O 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. AGREEMENT made as of the day of in the year of (Lt words,indicate day,month and)ear) BETWEEN the Owner: (Name,address and other information) and the Contractor (Name,address and other information) wry The Project is: (Name and location) 4W The Architect is: (Name,address and other information) Wr. The Owner and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), err 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. 4W AIA DOCUMENT A101 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292. WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document:97A 10 LCON-- 11/29/2000.AIA License Number 110738,which expires on 2/6/1001 —Page#I 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the 1 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 percent( %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 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 percent .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 Paragraph 9.5 of AIA Document A201-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 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 (Subparagraph 9.8.5 ofAlA Document A201-1997 requires release ofapplicabk retainage upon Substantial Completion of Work with consent of surety,if any.) t1 .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 Subparagraph 9.10.3 of AIA Document A201-1997. 5.1.8 Reduction or limitation of retainage,if any,shall be as follows: of it is intended prior to Substantial CaWktion of the entire Work to reduec or limit the retainage resultingfrom the percentages inserted in Clauses 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 of limitation.) 5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 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: Hilt ARTICLE 6 TERMINATION OR SUSPENSION AIA DOCUMENT A101 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292. WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document:97A1OLCON— 1129/2000.AIA License Number 110738,which expires on 2/6/2001 --Page#3 Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. +iw 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.ALA 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 +rr enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of ' which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. iwr OWNER(Signature) CONTRACTOR(Signature) wr (Printed name and title) (Printed name and title) tyr ar wr wr wr few wr AIA DOCUMENT A101 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292. WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document:97A10LCON-- 11/29/2000.AIA License Number 110738,which expires on 2/6/2001 —Page#5 itr ,. SECTION 00700-GENERAL CONDITIONS 101 STANDARD FORM The General Conditions of the Contract for Construction, 1997,AIA Document A-201, as follows, Articles 1 through 14 inclusive. They are included as part of the contract. The Contractor and all subcontractors shall read and be governed by them,with enclosed modifications. aw 39 pages of AIA document A-201 follows 1W 4W to N 1W 00700-1 ROOF REPLACEMENT RCC GENERAL CONDITIONS rw ess" law f- v.AIA Document A2012 - 1997 General Conditions of the Contract for Construction forthe following PROJECT: (Name and location oraddress): Renton Community Center Roof Replacement Project Ise, 1715 Maple Valley Highway Renton,WA 98055 THE OWNER:;. ADDITIONS AND DELETIONS: The author of this document has (Name and address). added information needed for its City of Renton-Greg Stroh completion.The author may also 1055 S.Grady Way Renton,,WA 98055 have revised the tent of the wrs original AIA standard form.An Additions and Deletions Report THE ARCHITECT: that notes added information as (Namt and address): well as revisions to the standard ew► form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where ON TABLE OF ARTICLES the author has added necessary information and where the author 1 GENERAL PROVISIONS has added to or deleted from the original AIA text. Isw 2 OWNER This document has important legal consequences. 3 CONTRACTOR Consultation with an attorney is encouraged with respect to 4' ADMINISTRATION OF THE CONTRACT its completion or modification. 51 SUBCONTRACTORS This document has been approved and endorsed by The r _ Associated General Contractors 6 —CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS of America 7 CHANGES IN THE WORK OWN 8` TIME 9 PAYMENTS AND COMPLETION ow 10 PROTECTION OF PERSONS AND PROPERTY irr 11 INSURANCE AND BONDS 12 , UNCOVERING AND CORRECTION OF WORK aw 13 MISCELLANEOUS PROVISIONS 14 ""TERMINATION OR SUSPENSION OF THE CONTRACT +e. AIA Document A2017M—1997.Copyright O 1911,1915,1918,1925,1937 1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American India of Architects. All rights reserved. WARNING:This AIAd Document Is protected by U.S.Copyright Law and Internationsl Treatise. 1 Unauthorized reproduction or distribution of this AIAa Document,or any portion of lt,may result In severe civil and criminal peneftles,and will be 41W prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07/09/2004 under Order No.1000117582_1 which expires on 5110/2005,and is not for resale. User Notes: (2875643142) ywr 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 a,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,,9.9.3,123 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 to 3.16,6.2.1,1= 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, 423, 10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Acts and Omissions Architect's Inspections 3.2,3.3.2.3.12.8,3.18,4.2.3,4.3.8,4.4.1,8.3.1, 4.2.2,4.2.9,4.3.4,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 95.1,10,2.5,"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 4.3.4,4.33,4.3.6,6.11,10.3 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, 43A,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, 3.1.3,4,9.4,95 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 1.11 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 42.13,45.1 Architect's Representations Allowances 9.4.2,9.5.1,9.10.1 38 Architect's Site Visits 11r► 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 9.10,11.1.3,142.4,14.4.3 Attorneys'Fees Approvals 3.18.1,9.10.2, 10.3.3 2.4,3.1.3,3.5,3.10.2,3.12,4.2.7,9.3.2,^13.4.2, 13.5 Award of Separate Contracts Arbitration 6.1.1,6.1.2 4:3.3,4.4,`4.5.1,4.5.2,4.6,8.3.1,9.7.1, 11.4.9, Award of Subcontracts and Other Contracts for 11.4.10 Portions of the Work Architect 5.2 4.1 Basic Definitions Architect;Definition of 1.1 4.1.1 Bidding Requirements Architect,Extent of Authority 1.1.1, 1.1.7,5.2.1, 11.5.1 2.4,'3.12.7,4.2,4.3.6,4.4,5.2,6.3,7.1.2,7.3.6,7.4, Boiler and Machinery Insurance 9.2,9.3.1,9.4,9.5,9.8.3,9.10.1, 9.10.3, 12.1, 12.2.1, 11.4.2 13.5.1, 135.2,14.2.2, 14.2.4 Bonds,Lien Architect,Limitations of Authority and 9.10.2 Responsibility Bonds,Performance,and Payment 2.1.1,3.3.3,3.12-4,3.12.8,3.12.10,4.1.2,4.2.1, 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 4:2.2,43.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,4.4, 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, 11.4.1.1,12.2.1,135.2,13.5.3, 14.2.4 1.3 Architect's Administration of the Contract Certificate of Substantial Completion to ALA Document A20170—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. A8 rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and international Trestles. Z Unauthorized reproduction or distribution of this AIAe Document,or any portion of It,may result In revere civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07/0912004 under Order at No.1000117582-1 which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) V0 "0 9.83,9.8.4,9.85 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, 9.3.3,9A,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 31tl3;13.7, 14.1.1.3, 14.2.4 Concealed or Unknown Conditions ` `eatifioates of Inspection,Testing or Approval 43.4,83.1, 103 ::.115.4,;- Conditions of the Contract Certificates of Insurance 1.1.1, 1.1.7,6.1.1,6.1.4 ;910.2, 11.13 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 2,3.8.23,3.11.1,3.12.8,4.2.8,4.3.4, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 4:3 ,5.2.3,`7.1 7.2,73,x.3.1,93.1.1,9.10.3, CONSTRUCTION BY OWNER OR BY 11.4.1.2, 11.4.4,11.4.9,12:1.2 SEPARATE CONTRACTORS Change Ordws,:Definition of 1.1.4,6 ? 1 Construction Change Directive,Definition of CIIANGES JN THE WORK 7.3.1 3;11,4:2.8,7,8.3;1,93:1.1,11.4.9 Construction Change Directives "Claim,Definition of 1.1.1,3.12.8,4.2.8,4.3.9,7.1,73,9.3.1.1 43.1 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 we 3:23,43,4.4,4.5,4.5,6.1.1,6.3,73.8,933,9.10.4, Contingent Assignment of Subcontracts 103;3 SA,14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance 4,6.5 : 4.3.3 vrr Claims for Additional Cost Contract,Definition of 3:23,4.3.4,435,43.5,6.1.1,73.8, 103.2 1.1.2 Claims for Additional Time CONTRACT,TERMINATION OR ow 3.23,4.3.4,43.7,6.1.1,83.2,.10.3.2 SUSPENSION OF THE Claims for Concealed or Unllaown Conditions 5.4.1.1, 11.4.9,14 43A Contract Administration Claims for Damages 3.13,4,9.4,9.5 vrr 3:23,3.18,43.10,6.1.1,83.3,9.5.1,9.6.7, 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 3.15,63" Contract Documents,Copies Furnished and Use of Commencement of Statutory Limitation Period 1.6,2.2.5,53 Contract Documents,Definition of ' Commencement of the Work,Conditions Relating to 1.1.1 22.1 ,3.2:1,3.4.1,3.7:1,3.10.1,3"12.6,4.3.5,5.2.1, Contract Sum 523,6.2.2,8.1.2,8.2.2,83.1,11.1, 11.4.1, 11.4.6, 3.8,4.3.4,4.3.5,4.45,5.2.3,7.2,7.3,7.4,9.1,9.4.2, w, 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 cat Administration "' 43.4,43.7,4.4.5,5.2.3,7.2.13,73,7.4,8.1.1,8.2, 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 "a' 9.9.1,9.10,M,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 1.4.1.2,3.10,3.12.1,3.12.2,43.7.2,6.1.3 Compliance with Laws Contractor's Employees low AIA Document A201re—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 Trestles. 3 Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be im prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07/09/2004 under Order No.1000117582-1 which expires on 5/10/2005,and is rat for resale. User Notes: (2875643142) 3.3.2,3A.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 1L1 ° 3.14.2,6.2.4,9.2.15, 10.2.1.2, 10.2.5, 10.6,11.1, ,.'Contractor's Relationship with Separate Contractors 11.4,12.2.4 Owner's Forces Damage to the Work 3.125,3.14.2,4.2.4,6,11.4.7,12.1.2, 12.2.4 3.14.2,9.9.1,10.2.1.2, 10.25,10.6, 11A, 12.2.4 :".Contractor's Relationship with Subcontractors Damages,Claims for 1.2.2,3.3.2,3.18.1,3.182,5,9.6.2,9.6.7,9.10.2, 3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7,10.3.3, - .:.]1.4.1.2,11.47,11.4.8 11.1.1, 11.4.5, 11.4.7, 14.1.3,14.2.4 Contractor's'Rt:lationsbip with the Architect Damages for Delay 1.6,333,32.1,3=,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 3.7:3,3.10,3411,3.12,3.16,3.18,.4.1.2,4.1.3,4.2, Date of Commencement of the Work,Definition of 43.4,4.4.:1,4.4.7,S.2,6.2.2„7,8.3.1,9.2,9.3,9.4, 8.1.2 9.7;9.$, S, 1112.6,"10.3,.11.3,11.4.7,12, Date of Substantial Completion,Definition of '13A.2,13-5” 8.13 in Contractor'.s-Re sentations Day,Definition of 1:5.2.35.1,"3.12:6,62.2,8.2.1,9.3.3,9.8.2 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, 3.32,3.18,4.13,43.8,5.3.1,6.1.3,6.2,6.3,9.5.1, 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 iS2,3,2 3.Z3, 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 a_' 9.82,9.8.3,9.9.1,9.102,:9.10.3, 11.13, 11.5.2 Definitions tiCr 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, 39,10.2:6 . 4.3.1,5.1,6.1.2,7.2.1,7.3.1,73.6,8.1, 9.1,9.8.1 Contractor's Supervision and Construction Delays and Extensions of Time " Procedures.,.oir<., .' 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, 1:2.2.33,3.4,'3.12.10,4.2,2,4.2.7,4.3.3,6.1.3, 7.4.1,83,9.5.1,9.7.1, 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 11.1.1.8,112,11.3:=" Documents and Samples at the Site Coordination and Correlation 3.11 1.2,1.5.2,33.1,3.10.3.,17-6,6.1.3,6.2.1 Drawings,Definition of Copies Furnished of Drawings and Specifications 1.1.5 11i 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 2.3,2.4,3.7.4,4.2.1,9A.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 12 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, 7.3.3.3,7.3.6,7.3.7,7.3.8,9.10.2,10.32, 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 thin NA Document A201re—1997.Copyright O 1911,1915,1918,1925,1937 1951,19S8.1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of ArchbctL All rights reserved. WARNING:This Aliv Document Is protected by U.S.Copyright Law and International Trestles. UmuUxwized reproduction or distribution of this AIAe Document,or any portion of 11,may result In severe civil and criminal penaltles,and will be 4 prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 06:58:41 on 07/09/2004 under Order No.1000117582-1 which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) %W a„ 1.1.3,1.2.1,1.22,2.2.3,2.25,3.1,3.3,3.4,3.5,3.7, Insurance,Project Management Protective 3,10,3.12,3.14,4.22,4.2.3,4.3.3,6.2.2,7.1.3,7.3.4, Liability 8.2,9.59 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 11.3 Extensions of Time Insurance,Property a!!. ;3:23;"4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,72.1,73,7.4.1, 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 43.6;9.5.1.3,9.7,9.102, 14.1.1.3, 14.2.1.2, 13.6 INSURANCE AND BONDS am Faulty Work 11 (See Defective or Nonconforming Work) Insurance Companies,Consent to Partial Occupancy kraal Completion and Final Payment 9.9.1, 11.4.1.5 "42.1,4.2.9,4.3.2,9.8.2,9.10,11.1.2, 11.1.3, 11.4.1, Insurance Companies,Settlement with 11.4.5,123.1,13.7,14.7-4, 14.4.3 11.4.10 .Financial Arrangements,Owner's Intent of the Contract Documents 132,2,14.1.1.5 12.1,4.2.7,42.12,4.2.13,7.4 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 err Hazardous Materials 4.6.4 10..2.4,103, 10.5 Judgment on Final Award Identification of Contract Documents 4.6.6 2.5.1 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 42.6,4.2.7,52.1,62.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, Indetunificadon 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 suer ` Mormation and Services Required of the Owner 8.3.1 2.12,2«2,32-1,3.12.4,3.12:10,4.17,4-3.3,6.1.3, Laws and Regulations 6.1.4,6.2.5,9.3.Z 9,6.1,9:6.4,9.92,9.10:3, 10.3.3, 1.6,322,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, 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, 00 ~In jury or Damage to Person or Property 13.5.2, 13.6, 14 4.3.8,10:2,10.6 Liens Inspections 2.12,4.4.8,8.22,9.3.3,9.10 ,3.13,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4:2,9.8.2, Limitation on Consolidation or Joinder 9.8.3,9.9.2,9.10:1,;12.2.1,13.5 J,:. 4.6.4 Instructions to Bidders Limitations,Statutes of 4.6.3, 12.2.6,13.7 Instructions to the Contractor Limitations of Liability 3.23,:3.3.1,3.8.1,4.2.8,5.2.1,'7,12,8.2.2,13.5.2 2.3,3.2.1,35.1,3.7.3,3.12.8,3.12.10,3.17,3.18, 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;'73.6,.8.2.1,9.3.2,9.8.4,9.9.1,9.10.2, 10.3.3, 10.2.5, 11.12, 11.2.1, 11.4.7, 12.2.5, 13.4.2 to 9.10.5, 11 Limitations of Time Insurance,Boiler and Machinery 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.125,3.15.1, 11.4.2 4.2.79 4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.4,7.3,7.4, Durance,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, 1 .1 9.10, 11.1.3, 11.4.15, 11.4.6, 11.4.10,12.2, 13.5, Insurance,Effeedve Date of 13.7, 14 Loss of Use Insurance ,r Insurance,Loss of Use 11.43 11.4.3 Material Suppliers Insurance,Owner's Liability 1.6,3.12.1,42.4,42.6,52.1,9.3,9.42,9.6,9.105 11.2 Materials,Hazardous ae 10.2.4, 10.3,10.5 AIA Document A201--1997.Copyright®1911,1915,1916,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved WA RHINO:This A10 Document is protected by U.S.Copyright taw and International Treatles. 5 Unauthorized reproduction or distribution of this AIA Document,or any portion of 1%may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possble under the law. This document was produced by AIA software at 08:58:41 on 07/09/2004 under Order No.1000117582-1 which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) of 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, 31-S1,42.6,4.2.7,5.2.1,6.2.1, 7.3.6,93.2,9.3.3, 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, 9.5:13,9.10.2, 10.2.1, 10.2.4, 14.2.1.2 9.9.1,9.10.2, 10.3.2, 11.13, 11.3.1, 11.4.3, 11.4.10, McankMethods,Techniques,Sequences and 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 to Procedures of Construction Owner's Financial Capability 33.1,.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 1Vtediation Owner's Loss of Use Insurance 4.4.6,4.4.8,45,4.6.1,4.6.2,8.3.1,10.5 l 1.4.3 4.4:1,4.4.5, Minor Changes in the Work Owner's Relationship with Subcontractors 1.1.1,3.12.9,4.2.8,4-3.6,7.1,7A 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 Modifioations,'Definition of Owner's Right to Clean Up Ili 1:1.1 63 Modifications to the Contract Owner's Right to Perform Construction and to 1.1.1,1.1.2,3.73,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1, Award Separate Contracts 9.7,10.3.2,11.4.1 6.1 Mutual Responsibility Owner's Right to Stop the Work 62 2.3 Nonconforming Work,Acceptance of Owner's Right to Suspend the Work 9.6.6,9.9.3,W 14.3 Nonconforming Work,Rejection and Correction of Owner's Right to Terminate the Contract 2.3,2A 35.1,4.2.6,6.2.5,95.1,9.8.2,9.9.3,9.10.4, 14.2 12.2.1,13.7.1.3 Ownership and Use of Drawings,Specifications Notice and Other Instruments of Service 22.1,23,24,323,3.3.1,3.7.2,3.7.4,3.12.9,4.3, 1.1.1,1.6,2.2.5,3.2.1,3.11.1,3.17.1,4.2.12,5.3 4.4.8,4.6.5,52-1,82.2,9.7,9.10, 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 I Notice,Written Patching,Cutting and 23,2.4,3.3.1,39,3.12.9,3.12.10,4.3,4.4.8,4.6.5, 3.14,6.2.5 52.1,8.2.2,9.7,9.10,10.2.2,10.3, 11.1:3, 11.4.6, Patents '12.2.2,12.2.4,1",14: 3.17 Notice of Testing and Inspections Payment,Applications for 13.5.1,135.2 4.2.5,7.3.8,9.2,93,9.4,9.5.1,9.6.3,9.7.1,9.8.5, 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, 2.22,3.7,3.13,7.3.6.4,1022 9.10.3, 13.7, 14.1.1.3, 14.2.4 Observations,Contractor's Payment,Failure of 1.52,32,33.3,4.3.4 4.3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3,14.2.1.2, 13.6 Occupant' 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 46 AIA Document A201re—1997.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American In aftite of Architects. All rights reserved WA RNINO;:This AIAs Document is protected by U.S.Copyright Law and Intematlonal Trestioa. 6 Unauthorized reproduction or distribution of this A10 Document,or any portion of It may result In severe dull and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07/09/2004 under Order No.1000117582_1 which expires on 5/1012005,and is not for resale. User Notes: (2875643142) low sr Performance Bond and Payment Bond Review of Contractor's Submittals by Owner and 9.103, 11.4.9,11.5 Architect ;Fees and Notices 3.10.1,3.101,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 3.13,7.3.6.4, 102.2 Review of Shop Drawings,Product Data and .. s.q A,,* iibl'PERSONS AND PROPERTY,PROTECTION Samples by Contractor 3.12 Rights and Remedies " 1.1.2,2.3,2.4,35.1,3.15.2,4.2.6,4.3.4,45,4.6,5.3, ew Polychlorinated Biphenyl 5.4,6.1,6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 12.2.2, 12.2.4,13A,14 =� ;Pi+oduct Data,befimttan of Royalties,Patents and Copyrights 3:12.2 3.17 ;Product Data and Samples,Shop Drawings Rules and Notices for Arbitration 311,3.12,4 -7 4.6.2 r Oft andtom�n , Safety of Persons and Property �t22, 89.1,14:1.4 10.2,10.6 Prognm 'symenis Safety Precautions and Programs 3.3.1,4.2.2,4.2.7,5.3.1,10.1, 10.2, 10.6 Pro,ject,Definition of the,;:." Samples,Definition of rrr 1:14. 3.12.3 Project Management Protective Liability Samples,Shop Drawings,Product Data and �Insuranee 3.11,3.12,4.2.7 Samples at the Site,Documents and Project Manual,Definition of the 3.11 1 7 x Schedule of Values Project Manuals 9.2,93.1 2.25 Schedules, Pro ject Representatives 1.4.1.2,3.10,3-Construction 12.1,3.12.2,4.3.7.2, 4.Z.I0 6.1.3 Property Insurance Separate Contracts and Contractors em", 1025,11A 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, 12.25 Shop Drawings,Definition of Regtilatiolts and Laws 3.12.1 3.12:10,3.13,A11,4.4.8,4.6, Shop Drawings,Product Data and Samples 9!.6.4,9.9.1,10.2:2,1IA, 11.4,13.1, 13.4, 13.5.1, 3.11,3.12,4.2.7 1152,13!6,14 Site,Use of Rejection of Work 3.13,6.1.1,6.2.1 3.x.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 +rr 1.52,3.5.1,3.12.6,6.2,2,8.21,9.3.3,9.4.2,9.5.1, Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Representatives : ',;.= Specifications,Definition of the 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 ., Statute of Limitations lots Responsibility for Those Performing the Work 4.6.3, 12.2.6,13.7 332,318,4.23,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, Stopping the Work 2.3,4.3.6,9.7, 10.3,14.1 . 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 ate, 15.2,3.2,3.7.3,3.12.7,6.1.3 SUBCONTRACTORS AIA Document A201=—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Archkocts. AD rights reserved WARNING:This A10 Document Is protected by U.S.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result In seven civil and criminal penalties,and will be vw prosecuted to the maxknum extent possible under the low. This document was produced by AW software at 08:58:41 on 07109/2004 under Order No.1000117582_1 which expires on 5/10/2005,and Is not for resale. User Nobs: (2875643142) +liar g TERMINATION OR SUSPENSION OF THE Subcontractors,Work by CONTRACT 3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.12, 14 Tests and Lfpections =ti_ Sco�tractoal 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, frit 53,-9A,93.1.2,91A,9.1010.11,11A.7,11A.8,14.1, 9.10.1, 10.3.2, 11.4.1.1,12.2.1,13.5 143.2 TEME Submittals 8 all lt%3.10,3.11,3.12,42.7,5.2.1,5.2.3,7.3.6,9.2, Time,Delays and Extensions of 93 9.8,9,94;,9.10.2,'0.10.3,11.13 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, Subrogati�, ?Vaivers�'; 7.4.1,83,9.5.1,9.7.1,10.3.2, 10.6.1,14.3.2 6.1 1,11.4,5;`11,4.7,` Time Limits -SQbstanddlbopp1� " 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 43 9, 8.2.3,9.42,9.8,9.9.1,9.10.3, 4.2,4.3,4.4,4.5,4.6,5.2,53,5.4, 6.2.4,7.3,7.4, 911142.1?. 37 6 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, St tantiaiCompletion,"Definition of 9.10,11.1.3,11.4.1.5, 11.4.6,11.4.10,12.2, 13.5, i 13.7, 14 Substitution of Subcontractors Time Limits on Claims 5.2 ;.x.2,4 43.2,43.4,43.8,4A,45,4.6 Substitution of�Architect Title to Work X4:1,3 9.3.2,9.3.3 Substitutions of Materials UNCOVERING AND CORRECTION OF 3.4.21 3314 4 7.33," WORK „:Sub-subcontractor,Definition of 12 5112 1, aM: Uncovering of Work Subfiurfam Condition 12.1 4.3 4 Unforeseen Conditions Stwoemmors and Assigns, 4.3.4,8.3.1, 10.3 133 ; Unit Prices Superintendent 4.3.9,7.3.3.2 39;=10.2.1 Use of Documents tttl Supervision aid Construction Procedures 1.1.1, 1.6,2.2.5,3.12.6,5.3 12.2,33 3.4,"3..12:10,4.2.2,4.2.7,4.3.3,6.1.3, Use of Site '13.7.3.6,82,83.1,9.4.2,10, 12,14 3.13,6.1.1,6.2.1 62 4,7 Syrcty ;� � Values,Schedule of 44:7,5.4:1:2,9.9.5,,9,10.Z 9.10.3,14.2.2 9.2,93.1 Surety,Consent of " Waiver of Claims by the Architect 9.10211.103 13.4.2 Surveys Waiver of Claims by the Contractor 4.3.10,9.10.5, 11.4.7, 13.4.2 '4<;Suspe nsion 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 X5.4:2,14.3 x '; . Waiver of Consequential Damages Suspension crr Termination of the Contract 43.10,14.2A 4;3.6,5.4.1.1,11:4.9,"14 Waiver of Liens Taxes 9.10.2,9.10.4 3.6,3.8.2.1,73.6.4 Waivers of Subrogation Termination,by the Contractor 6.1.1, 11.4.5,11A.7 4.3.10,14.1" Warranty Termination byathe Owner for Cause 3.5,4.2.9,4.3.5.3,9.3.3,9.8.4,9.9.1,9.10A,12.2.2, 4.11%59IJi4.2 13.7.1.3 ` Termintion oflfie Architect Weather Delays 4.1.3 4.3.7.2 Termination of the Contractor Work,Definition of 14.22 1.1.3 Written Consent AIA Document A201=—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The Amedcan MsOtule of Architects. AN rights reserved. WARNINO:This A10 Document is protected by U.S.Copyright tart and International Trestles. 8 Unsuthortmd reproduction or distribution of this AIA!Document,or any portion of 1%may result In severe civil and criminal penaitles,and will be po scuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07/0912004 under Order No.1000117582-1 which expires on 5110/2005,and Is not for resale. User Notes: (2875643142) 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,4.65, 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, 12.2.4,133, 14 42-11,42.12,43.6 Written Orders Isle.- 'Writhe 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 to arts :, war +Ir ear sMa r iar so srr +Mr AU1 Document A201re—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 AIAe Document Is protected by U.S.Copyright Law and International Trestles. 9 Unauthorized reproduction or distribution of this AIA!Document,or any portion of 1%may result In sewn civil and criminal penalties,and will be std prosecuted to the maximum extent possible under the low. This document was produced by AW software at 08:58:41 on 07109/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) 'bo ARTICLE 1 GENERAL PROVISIONS S 1A BASIC DEFINITIONS x;11:1 THE CONTRACT DOCUMENTS Thentract Documents consist of the Agreement between Owner and Contractor(hereinafter the Agreement), x.::. Couddions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda Willi w:.,issued prior to execution of the Contract,other documents listed in the Agreement and Modifications issued after won of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a z# .s. tenge Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the ArchitecK Unless specifically enumerated in the Agreement,the Contract Documents do not include other aocuments such as bid ft requirements(advertisement or invitation to bid,Instructions to Bidders,sample forms, ,:flee Contractor's bid or motions of Addenda relating to bidding requirements). §1.12 THE CONTRACT The Contta ct„Docutnlents form the Contract for Construction.The Contract represents the entire and integrated a greement between the parties hereto and supersedes prior negotiations,representations or agreements,either written ,orbraL7he Contrail may be amended or modified only by a Modification.The Contract Documents shall not be 'construed to cm to 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 WORKi' } `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 Contractoeto fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. 11.4 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. THE SPECIFICATIONS The Spec 5cations 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 §12.1 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. §122 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not conarol'the Conhactor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by,any trade. .. tisl §12.3 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. NA Document A201-—1997.Copyright®1911,1915,1918,1925,1937 1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Inaftrte of Architects. AN rights reserved. WARNING:Thb Alid&;o ment Is protecled by U.S.Copyright Law and International Trestles. 1 Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe dull and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ANA software at 08:58:41 on 07/0912004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) r' ry 13 CAPITALIZATION o 13.1 Terms capitalized in these General Conditions include those which are(1)specifically defined,(2)the titles of imudbered articles or(3)the titles of other documents published by the American Institute of Architects. are'; _.,«PP PRETATION .1.4.1 Li the interest of brevity the Contract Documents frequently omit modifying words such as"all"and"any" ' ntiicles such as"the"and"an,"but the fact that a modifier or an article is absent from one statement and appears � . stn another is not intended to affxt the interpretation of either statement. � ��,t� ,��,5 EXECUTION OF CONTRACT DOCUMENTS r y .3.1 The Contract Docu>~rrents shall be signed by the Owner and Contractor.If either the Owner or Contractor or berth do not sip all the Contract Documents,the Architect shall identify such unsigned Documents upon request. IJ2 Fatectition of tho Contract by the Contractor is a representation that the Contractor has visited the site, Fbecx►me geally.fantilisr with local conditions under which the Work is to be performed and correlated personal 1&eavations with requirements of the Contract Documents. 1.6 OWNERSHIP AND USE OF!DRAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE §16.1 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, ,'S 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 'a „Architect and the ArchitoW&consultants shall be deemed the authors of them and will retain all common law, { tifridrtr 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 aw 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 rrrr Owner,Architect and the Architect's consultants.The Contractor,Subcontractors,Sub-subcontractors and material ar:equipment suppliers are authorized to use and reproduce applicable portions of the Drawings,Specifications and °<odw documents prepared by the Architect and the Architect's consultants appropriate to and for use in the executitltt of their Work under thG Contract Documents All copies made under this authorization shall bear the -'' stattrtiry R opyrightatoticx,if any,shown on the Drawings,Specifications and other documents prepared by the V,x tohitect and the A ehitect"-a consultants.Submittal or distribution to meet official regulatory requirements or for `other:xvposes in connection,wididtis Project is not to be construed as publication in derogation of the Architect's or Arclnt+oct's consultants' ' copyrights or other reserved rights. mTICLE2 'OWNER'" 2.1"GENERAL §211 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 i�uthodo to bind the Owner with respect to all matters requiring the Owner's approval or authorization. �x ' cept as,otheargv6e provided in Section 4.2.1,the Architect does not have such authority.The term"Owner"means ra '60 Owneuor Owner's authorized representative. r• §2.12 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 won shall include a correct statement of the record legal title to the property on which the Project is located, niruallytefietrei#to as the site,and the Owner's interest therein. •.; "122:E+IFORMATION AND SERVICES REQUIRED OF THE OWNER §22.1 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 tier AIA Document A201re—1997.Copyright m 1911,1915,1916,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1967 and 1997 by The American Institute of Architects. AN rights reserved WARNING:This AIAs Document Is protected by U.S.Copyright Law and International Treaties. 1 Ureutiwized reproduction or distribution of this A10 Document,or any portion of It may result In severs civil and criminal penalties,and will be be prosecuted to the maximum extent possble under the low. This document was produced by AIA software at 08:58:41 on 07/09mm under Order No.1 0 0 01 1 75 82-1 which expires on 5/10/2005,and Is not for resale. User Notes: (2875643142) 1W 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. §2Z22Except for permits and fees,including those required under Section 3.7.1,which are the responsibility of the 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 � $n site of fl*Troject,and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information"ftrnishedby"the Owner but shall exercise proper precautions relating to the safe performance of the Work ° §22A Information or services required of the Owner by the Contract Documents shall be furnished by the Owner ith reasonable press.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. §22.5 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 T0'STOP THE WORK §2.3.1 If the,Contractor fails to correct Work which is not in accordance with the requirements of the Contract U Documents asrequired 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;d minted;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, exc eptto 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"per od after receipt of written notice from the Owner to commence and continue correction of such default our 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+twat 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. 4 ARTICLE 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. §3.12 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. §32 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §32.1 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 A201re—1997.Copyright 01911,1915,1918,1925,1937,1951,1958,1981,1963,1966,1967,1970,1978,1987 and 1997 by The American Institute of Architects. AN rights reserved. WARNING:This A10 Document le protected by U.S.Copyright Law and international Treaties. 12 Urauthorbad reproduction or distribution of this A10 Document,or any portion of$may result In severe civil and criminal penalties,and will be pmeewrted to the maximum extent possible under the low. This document was produced by AIA software at 0858:41 on 07/09/2004 under Order No.1000117582 1 which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) wW 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 err 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 notas 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. 32.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions 110 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 so 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. "o §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 gi 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 thereofamd 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 w 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. ISO §3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work- 3.4 LABOR AND MATERIALS §3A.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether of not incorporated or to be incorporated in the Work. ter §3.42 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 1997.Copyright O 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 AIAq'Document Is protected by U.S.Copyright Law and International Treaties. 13 Unsuthorbad reproduction or distribution of this A10 Document,or any portion of It,may result in sevwe civil and criminal penalties,and will be 110 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07/09/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) in §3.5 WARRANTY M §3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the ' Con "will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the °W be free from defects not inherent in the quality required or permitted,and that the Work will conform to `,. t zisquimments 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 �maitrtenance,improper operation,or normal wear and tear and normal usage.If required by the Architect,the s Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3A TAXES 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 PERMIT TEES AND NOTICES t §VA 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. ilttr §`3.72 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 33.3 it is not the Conkactor'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. 333 U the Contractor performs Work knowing it to be contrary to laws,statutes,ordinances,building codes,and rules and regulations without such notice to the Architect and Owner,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. +t�f § 322 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; 46 I Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit and othter expenses contemplated for stated allowance amounts shall be included in the Contract Sum but V not in the allowances; 3 .whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly tit11 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 Worl� §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 AM Document A201-—1997.Copyright m 1911,1915,1918,IM,1937 1951 1958 1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of ArchRecls. AN rights reserved WARNING:This AW Document Is protected by U.S.Copyright taw and International Trestles. 14 Unauthorized reproduction or distribution of this A10 Document,or any portion of 1%may result In severe chrll and criminal penalties,and will be Prosecuted to the maximum extent possble under the law. This document was produced by AIA software at 08:58:41 on 07!0912004 under Order No.1000117582-1 which expires on 5/10/2005,and Is not for resale. User Notes: (2875643142) t�liti nr.. communications shall be confirmed in writing.Other communications shall be similarly confirmed on written request in each case. �y 310 CONTRACTOR'S CONSTRUCTION SCHEDULES s, ... §3.90.1abe 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 clittent under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the '',,Ai"N ��-,,,WWork and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall to provide for expeditious and practicable execution of the Work §310.2 The"Cuintcact6i'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 q:.submittals. . n §310.3": 'he Contractor shallierform the Work in general accordance with the most recent schedules submitted to the Owner and Architect 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.111 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,Specifications, 110111 Addenda,Change Orders and other Modifications,in good order and marked currently to record field changes and moons 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 ittlr" submittal to the Owner upon completion of the Work 3.12 SHOP DRAWINGS,PRODUCT DATA AND SAMPLES §3.111 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.. § 3.122 Product Data are illustrations,standard schedules,performance charts,instructions,brochures,diagrams and irr< other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work §3.12.3 Sampla are physical examples which illustrate materials,equipment or workmanship and establish standards by which the Work will be judged. 312.4 Shop.Drawings,UProduct 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,ContractDocuments.Submittals which are not required by the Contract Documents maybe returned by the Architect without:action 3.12.5 The Contractor'shall review for compliance with the Contract Documents,approve and submit to the Architec;Shop Drawings,Product Data,Samples and similar submittals required by the Contract Documents with vrr, seasonable 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. S 3."12.6 Byappmving 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 to approved by the Architect. AIA Document A201 mr—1997.Copyright O 1911,1915,1918,1925,1937 1951 1958 1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. AN rights reserved. WARNING:This AIAi Document le protected by U.S.Copyright law and international Trestles. 15 Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result In severe chill and criminal penalties,and will be e prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07/09/2004 under Order No.1000117582— and 1 which expires on 5/1012005,a Is not for resale. User Notes: (2875843142) YIM §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 ,. mwriting 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 Arcbitectum orengineering 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 rtsponsi'bilities 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. §3.1+1 CUTTINGAND 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. §&M 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 ru 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. §3.152 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. wl AIA Docu ment A201re—1997.Copyright 01911,1915,1918,1925,1937 1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. Ail rights reserved. WARNING:This AIAd Document Is protected by U.S.Copyright Law and International Trestles, 16 Unauthorized reproduction or distribution of this NO Document,or any portion of If,may result in seven civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07/09!2004 under Order No.1000117582-1 which expires on 5110/2005,and is not for resale. er Us Notes: (2875643142) f�' §3.16 ACCESS TO WORK §3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wbei'�xlocated. .n :_§,&ITROYALTIES,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 "I'Viereof,but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturea.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 +w §3.18.1 To the fullest extent permitted by law and to the extent claims,damages,losses or expenses are not covered by ProjectUanagement Protective Liability insurance purchased by the Contractor in accordance with Section 11.3, the Contractor shall indemnify and hold harmless the Owner,Architect,Architect's consultants,and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys'fees,arising out of or resulting from performance of the Work,provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity which would otherwise.exist as to a party or person described in this Section 3.18. asr §3.182 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, an , 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 §4.11 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 AW in number.The term"Architect"means the Architect.or the Architect's authorized representative. §4.12 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,alodified or extended without written consent of the Owner,Contractor and Architect. „a, 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 o reasonable objection and whose status under the Contract Documents shall be that of the former +r Architect. §4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT §42.1-71re Architect will provide administration of the Contract as described in the Contract Documents,and will be No an Owner's representative(1)during construction,(2)until final payment is due and(3)with the Owner's concurrence,froin time to time during the one-year period for correction of Work described in Section 12.2.The Architect will leave authority to act on behalf of the Owner only to the extent provided in the Contract Documents, fat;' unless otherwise modified in writing in accordance with other provisions of the Contract. §4.22 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 to and quality of the portion of the Work completed,(2)to endeavor to guard the Owner against defects and AIA Dogansnt A201-—1997.Copyright O 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 Trestles. 17 Unauthorized reproduction or distribution of this A10 Document,or any portion of it may result In severe chrii and criminal penalties,and will be to prosecuted to the maximum extent possible under the low. This document was produced by AIA software at 08:58:41 on 07/09/2004 under Order No.1000117582 1 which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) 100 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 of be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work :.Architect will neither have control over or charge of,nor be responsible for,the construction means,methods, ateclinigaes,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 reequirements 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. to §42A 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. §42.5 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. §42.8 The Architect will have authority to reject Work that does not conform to the Contract Documents.Whenever 0 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 135.3,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. 9th §43.7 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 ArebiteWs approval 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 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. §42.10 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. rlti AM Document A201M—1997.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Insftft of Architects. A9 rights reserved WARNING:This AIAe Document to protected by U.S.Copyright Law and international Treatles. 8 Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in seven chrll and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 08:58:41 on 07/09/2004 under Omer No.1000117582_1 which expires on 5/70/2005,and is not for resale. User Notes: (2875643142) f %W §42.11 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 ° astl•bc made in writing within any tim li e mits agreed upon or otherwise with reasonable promptness.If no �g'r+eement is made concerning the time within which interpretations required of the Architect shall be furnished in +wwr; . s .5 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. a =§4212 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 end initial decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to tithes and will not be liable for results of interpretations or decisions so rendered in good faith rrn - §42.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. ran' §' 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 re spect 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. No §4�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. 4W §4.3.4 Claims for r.Concealed or Unknown Conditions.If conditions are encountered at the site which are(1) stab wface 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 foundto exist,and generally recognized as inherent in construction activities of the character provided for in the 'Contrail 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 ran 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 100 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 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 rrf "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 rrr 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. iW AIA Document A4011=—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 Low and International Trestles. 19 Unauthorized reproduction or distribution of this A10 Document,or any portion of 1%may result In severe dull and criminal penalties,and will be tae prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07/09/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) rrr r>t §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. §4.3.72 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated and had an adverse effect on the scheduled construction. §4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party,or of others for whose acts such party is legally responsible,written notice of such injury or damage,whether or not insured,shall be given to the other party within a reasonable time not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other party to investigate the matter. §4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted. §4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes: .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit MIS 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. §4.42 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. AM Document A201 IN—1997.Copyright®1911,1915,1918,1925.1937,1951,1958,1961,1963,1966,1967,1970,1976.1987 and 1997 by The American Institute of Architects. All rights reserved WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. . 20 Unauthorized reproduction or distribution of this AIAa Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07/09/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is riot for resale. User Notes: (2875643142) tr §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 r>tr 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. §4A.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 No 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. re. §4.4.6 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. „e §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 No institution of legal or equitable proceedings by either party. §4.52 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 rn 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 'r' §4.6.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Sections 4.3.10,9.10.4 and 9.10.5,shall,after decision by the Architect or 30 days after submission of the Claim to the Architect,be subject to arbitration.Prior to arbitration,the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Section 4.5. ysr §4.62 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 to 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 111110, 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. 1W 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.. 21 ilk 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 08:58:41 on 07/09/2004 under Order No.1000117682_1 which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) 1W §4.6A 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 irl 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 itrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically en: table under applicable law in any court VIII 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. t 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 4 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. §5.12 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. §52 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK §521 Unless otherwise stated in the Contract Documents or the bidding requirements,the Contractor,as soon as t;t 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 iNA proposed person or entity.Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. §522 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. §52.3 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 Stun or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. illl §5.2.4 The Contractor shall not change a Subcontractor, -,aon or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. 111 AIA Document A2011N-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. 22 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 08:58:41 on 07/09/2004 under Order No.1000117582-1 which expires on 5/10/2005,and is not for resale. User Nobs: (2875643142) ow §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, er 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 No 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 it 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 00 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 11110 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. %11 §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 ISO §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 am 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. No §6.12 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. lttr §6.1A 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. wr §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 ww Contractor's construction and operations with theirs as required by the Contract Documents. AIA Document A201=—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 AIO 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 08:58:41 on 07/09/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) to §622 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. §62.3 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. 60 §62.4 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. 11 §6.3 OWNER'S RIGHT TO CLEAN UP §6.3.1 If a dispute arises among the Contractor,separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK §7.1 GENERAL §7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. §7.12 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. to §72 CHANGE ORDERS §72.1 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. §722 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 to 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. §7.32 A Construction Change Directive shall be used in the absence of to, agreement on the terms of a Change Order. AIA Document A201TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 24 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and wilbe prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07/09/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) NOW §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 to permit evaluation; 2 unit prices stated in the Contract Documents or subsequently sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or No .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, ow 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 rare 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. ow §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 Gas 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 go 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 ow .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 to 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 sell 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 to 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 wells 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 §7A.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 A201re—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. 25 s 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 08:58:41 on 07/092004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) err 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. §8.12 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. iMM §82 PROGRESS AND COMPLETION §82.1 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. §822 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. §82.3 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 ff 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. §8.32 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. §92 SCHEDULE OF VALUES §92.1 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 ter 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. 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 08:58:41 on 07/09/2004 under Order No.1000117582_1 which expires on 5110/2005,and is not for resale. User Notes: (2875643142) rr.r payment as the Owner or Architect may require,such as copies of requisitions from Subcontractors and material suppliers,and reflecting retamage if provided for in the Contract Documents. §93.1.1 As provided in Section 7.3.8,such applications may include requests for payment on account of changes in rra 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. §93.12 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. §9.32 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. §932 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 rare §9.4 CERTIFICATES FOR PAYMENT §9A.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue to the;Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding as certification in whole or in part as provided in Section 9.5.1. §9A2 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. rr §9.5 DECISIONS TO WITHHOLD CERTIFICATION §9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary w 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 irr 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: Mae .1 defective Work not remedied; AIA Dog mend A20110-1997.Copyright O 1911,1915.1918,IM,1937,1951,1958.1961,1963,1966,1967,1970,1976,1987 and 1997 by The American institute of Architects. AN rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Low and International Treaties. 27 AND prosecuted reproduction or distribution of this AIAe Document,or any portion of it,may resuh in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 08:58.41 on 07/09/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) 410 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; ttt�l ,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. §9.52 When the above reasons for withholding certification are removed,certification will be made for amounts im 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. §9.62 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. §9.63 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. §9.6A 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. till §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. §9.63 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 1111' §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. i AIA Document A201re—1997.Copyright©1911.1915,1919,1925,1937,1951,1958,1961,1963,1968,1967,1970,1976,1967 and 1997 by The American Institute of Architects. AN rights reserved WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. .. 28 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 0858:41 on 07/08/2004 under Order No.10D0117582_1 which expires on 5110!2005,and is not for resale. User Notes: (2875643142) Its §02 SUBSTANTIAL COMPLETION §92.1 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. rte §922 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 ar responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 1923 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 �w by the Architect.In such case,the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. §92A 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 rr, 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. §92.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written ari 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. 40 §9.9 PARTIAL OCCUPANCY OR USE §9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented to by the insurer as required under Section 11.4.1.5 and authorized by public authorities having jurisdiction over the '� Work Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage,if any,security,maintenance,heat,utilities,damage to the Work and insurance,and have agreed in var 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 JIM between the Owner and Contractor or,if no agreement is reached,by decision of the Architect. §9.92 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 err 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 ALA Document A20110—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1987.1970,1976,1987 and 1997 by The American k�stitute of Architects. AN rights reserved WARNING:This AIAe Document is protected by U.S.Copyright Low and international Treaties. 29 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be ow prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07/09/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not ter resale. User Notes: (2875643142) 600 t 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. §9.102 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. §9.103 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. §9.10A 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. §102 SAFETY OF PERSONS AND PROPERTY §102.1 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. 9iM §1022 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. fry NA Document A201re—1997.Copyright m 1911,1915,1916,1925,1937,1951,1958.1961,1963,1966.1967.1970,1976,1967 and 1997 by The American irmtituts of Architects. All rights reserved WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. .. 30 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 08:58:41 on 07/092004 under Order No.10D0117582_1 which expires on 5/10/2005,and is not for resale. User Nobs: (2875643142) JIM tills §1023 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, prom»Igeting safety regulations and notifying owners and users of adjacent sites and utilities. ++ §1024 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 supwAsion of properly qualified personneL ira 1102.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property insurance requited 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 ar by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.12 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 aw 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 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 :ra safety. 110.3 HAZARDOUS MATERIALS §103.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons isw 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. §1032 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 arr 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 rtr 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 rr 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. 110.33 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, JOE 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 40 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. go §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. At MA Doc rnelN A201 as—1997.Copyright O 1911,1915,1919,1925,1937,1951,1956,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Ineffbae of Architects. AN rights reserved WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 81 Unauthorized reproduction or distribution of this AIAe Document,or any portion of 1%may result in severe civil and criminal penalties,and will be so prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07MW=4 ruder Order No.1000117582 1 which expires on 5/10/2005,and is not for resale. User Nobs: (2875643142) we §103 If,without negligence on the part of the Contractor,the Contractor is held liable for the cost of remediadon 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 discxdion,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; A claims for damages insured by usual personal injury liability coverage; .5 claims for damages,other than to the Work itself,because of injury to or destruction of tangible property,including loss of use resulting therefrom; .6 claims for damages because of bodily injury,death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations;and A claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. §11.12 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 ':r 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. §112 OWNER'S LIABILITY INSURANCE §112.1 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 A201es—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958.1961.1983,1966,1967,1970,1976,1987 and 1997 by The American InstiWN of Archiloc s. AN rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 32 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 08:58.41 on 07109/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) +w ANN §1132 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. §1133 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. 'o § I I A PROPERTY INSURANCE §11A.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 40 risk"all-risk"or equivalent policy form in the amDunt 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 so 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. ate §11A.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 am 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. JOIN §IIA.12 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. 91r §11A.1A This property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. §IIA.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 err would cause cancellation,lapse or reduction of insurance. §11A2 Boiler and Machinery Insurance.The Owner shall purchase and maintain boiler and machinery insurance tw 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. +r §11A.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 duce 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 A201es—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961.1963,1966,1967,1970.1976,1987 and 1997 by The American Institute of Architects. AN rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 33 ire 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 AW software at 08x8:41 on 07/09/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (2875643142) asr §11 AA 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 A.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. §11A,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. J §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. §11A.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 lc�:s no other special agreement is made and unless the Owner terminates the Contract for convenience,replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. §11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power;if such objection is made,the dispute shall be resolved as provided in Sections 4.5 and 4.6.The Owner as fiduciary shall,in the case of arbitration,make settlement with insurers in accordance with directions of the arbitrators.If distribution of insurance proceeds by arbitration is required,the arbitrators will direct such distribution. §11.5 PERFORMANCE BOND AND PAYMENT BOND itrr §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. MA Document A201=—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 AIAs Document is protected by U.S.Copyright Law and International Treaties. .34 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 08:58:41 on 07/0912004 cruder Order No.1000117582-1 which expires on 5/10/2005,and is not for resale. User Nobs: (2875643142) Haar §11.52 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 §ILIA 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. §12.12 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 §122.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION §122.1.1 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 +lw §1222.1 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. rr §12222 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. r §1222.3 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. me §1223 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. "a §122A 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. sr+ §122A 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 arr AIA Document A201 n—1997.Copyright O 1911,1915,1918,1925.1937,1951,1958.1961,1963,1966,1967,1970.1976,1987 and 1997 by The American Institute of Architects. All rights reserved WARNING:This AIA°Document is protected by U.S.copyright Law and International Treaties. . 35 Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result in severe civil and criminal penalties,and will be aw prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 06:58:41 on 07/09/2004 under Order No.1000117582_t which expires on 5/10/2005,and is not for resale. User Notes: (2875543142) rr 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. §123 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 aria 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. §132 SUCCESSORS AND ASSIGNS 132.1.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 13.2.4 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. §1312 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 §133.1 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. §13A RIGHTS AND REMEDIES §13A.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights and remedies otherwise imposed or available by law. §13x42 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. §13A 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 §13.52 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"W 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 135.3,shall be at the Owner's expense. MA Dcoumard AWN—1997.CopyNpM O 1911,19/5,1918,1925,1937,1951,1958,1961,1983,1966,1967,1970,1978,1987 and 1997 by The American Ina t a of Architecla. AN rights reserved, WARNING:This AIAs Document is protected by U.S.Copyright Law and International Treaties. 36 Unauthorised reproduction or distribution of this AIAs 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 docunent was produced by AIA software at 0858:41 on 07/098004 under Order No.1000117582_t which expires on 51108005,and Is not for resale. Um Noft: (2875643142) 000 .wr §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. AND §13.5A 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. §13JJ 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 e §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 40 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 00 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. to ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT §14.1 TERMINATION BY THE CONTRACTOR §14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days No 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: law .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; vw .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 A the Owner has failed to furnish to the Contractor promptly,upon the Contractor's request,reasonable art evidence as required by Section 2.2.1. §14.12 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 Domnent A201re—1997.Copyright 01911,1915,1918.1925.1937,1951,1958.1961,1963.1966,1967,1970,1976.1987 and 11197 by The MMricsn Instidrte of AfChitacts. AN rights reserved WARNING:This A10 Document is protected by U.S.Copyright Law and International Treaties. 37 Unauthorized reproduction or distribution of this AIAa Document,or any portion of it,may result in severe civil and criminal penalties,and will be ' prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07/09/2004 under Order No.1000117582--1 which expires on 5/10/2005,and is not for resale. USK Notes: (2875643142) r ! by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of r days scheduled for completion,or 120 days in any 365-day period,whichever is less. §14.1.5 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 sib executed and for proven loss with respect to materials,equipment,tools,and construction equipment and machinery, including reasonable overhead,profit and damages. §14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may,upon seven additional days'written notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. 114.2 TERMINATION BY THE OWNER FOR CAUSE §142,1 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 All 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. §1422 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 §1423 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 huther payment until the Work is finished. §14.24 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 td §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. §14.32 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay or interruption as described in Section 14.3.1.Adjustment of the Contract Sum shall include profit No adjustment shall be made to the extent: + ► .1 that performance is,was or would have been so suspended,delayed or interrupted by another cause for which the Contractor is responsible;or 2 that an equitable adjustment is made or denied under another provision of the Contract AIA Document A201 sr—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Instlgrie of Architects. AN rights reserved WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 38 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil end criminal penalties,and will be Alt prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:41 on 07)0912004 under Order No.10001175R_1 which expires on 5/1012005,and is not for resale. Ussr NM (2875843142) 66 Aw .ta §14A TERMINATION BY THE OWNER FOR CONVENIENCE §14A I'Ile Owner may,at any time,terminate the Contract for the Owner's convenience and without cause. §14A2 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 *' J 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. +err §14A.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. AW No or +r yr 40 AIA Domnent A201TH—1997.Copyright 01011,1915,1918,1925.1937,1951,1958,1961,1963.1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights►Nerved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 39 Unauthorised 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 08:58:41 on 07/09/2004 under Order No.10o0117582_1 which expires on SI MMS,and is not for resale. User Notes: (2875643142) ow ." SECTION 00800-SPECIAL CONDITIONS ARTICLE 1 -COMPLIANCE WITH WAGE RATES AND FILING OF"INTENT TO PAY PREVAILING WAGES"HEREINAFTER CALLED"INTENT"AND "AFFIDAVIT OF WAGES PAID" 2.1 "Prevailing Wages on Public Works"-The Contractor and Subcontractors shall comply with 39.12 RCW and amendments"Prevailing Wages on Public Works."The prevailing rate wages to be paid to all workers, laborers,or mechanics employed in the performance of any part of this Contract shall be in accordance therewith. 2.2 Current prevailing wage data will be fumished 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. 2.3 The Contractor, and all Subcontractors, on or before the date of commencement of work, shall file a statement under oath with the City and with the Director of Labor and Industries certifying the rate of hourly wages paid to each classification of laborers, workers, or mechanics employed to perform work under this Contract shall not be less than the prevailing rate of wages determined by the Washington State Labor and Industries. Such statement and any supplemental statements which may be necessary shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries. 2.4 Copies of all"Intents" shall be on file with the Contractor, the Industrial Statistician, and the City. 2.5 "Affidavits of Wages Paid"-upon completion of project, the Contractor shall fully execute �. and file"Affidavit of Wages Paid"with the Washington State Department of Labor and Industries and any other agencies required by law. Sample copy enclosed herein. Copies shall be provided to the City prior to Final Completion, Final Payment and release of Retainage. Each affidavit of wages paid must be certified by the Industrial Statistician of the Department of Labor and Industries before it is submitted. 2.6 All costs and fees for and associated with the"Intent to Pay Prevailing Wages"and "Affidavits of Wages Paid"are to be paid by the Contractor. ARTICLE 2-STATE LICENSING LAW The Contractor agrees to comply with all requirements of Chapter 18.27 RCW. The Contractor „„ agrees and covenants to furnish unto the Owner proper evidence that the Contractor has fully complied with the State Licensing Law of the State of Washington, Chapter 18.27 RCW, and a Contractor's Certificate of Registration shall be in full force and effect throughout the work project to herein above enumerated, prior to starting work. ON 00800.1 ROOF REPLACEMENT RCC SPECIAL CONDITIONS rr ARTICLE 3-NON-DISCRIMINATION The Contractor shall offer equal opportunity to all qualified employees and applicants for employment without regard to the race, creed,color, sex, national origin, age, or disability. Successful designated bidder shall fill out and complete the AFFIDAVIT OF COMPLIANCE FORM included herein and submit with the signed Contract. ARTICLE 4-CITY OF RENTON BUSINESS LICENSE Prior to signing a contract the contractor agrees to purchase a City of Renton Business License and maintain the license in full force and effect throughout the work of the project. License may be purchased from the City Finance Department located on the First Floor of the City Hall Building, 1055 South Grady Way, Renton,WA. 40 END OF SECTION 00800.2 ROOF REPLACEMENT RCC SPECIAL CONDITIONS SECTION 00900-AFFIDAVIT OF COMPLIANCE CITY OF RENTON AFFIDAVIT OF COMPLIANCE herby confirms and declares that: �r I. It is the company policy to offer equal opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, or disability. II. The company complies with all applicable federal,state, and local laws governing non- discrimination in employment. III. When applicable, the company will seek out and negotiate with minority and women contractors for the award of subcontracts. wY► Print Representative Name and Title +rr Representative's Signature rr► +w (Successful contractor shah submit this signed form with signed contract) ar +rr 00900.1 ROOF REPLACEMENT RCC AFFIDAVIT OF COMPLIANCE MW SECTION 00910-BOND TO THE CITY OF RENTON FORM too KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned wr as principal,and corporation organized and existing under the laws of the State of as a surety corporation,and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations,as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum$ for the payment of which sum on demand we bind ourselves and our successors, heirs,administrators or person representatives,as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington,the Ordinance of the City of Renton. Dated at Washington,this day of ,2004 Nevertheless,the conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG- providing for construction of Project Name the principal is required to furnish a bond for the faithful performance of the contract;and WHEREAS,the principal has accepted,or is about to accept,the contract,the undertake to perform the work therein provided for in the manner and within the time set forth; NOW,THEREFORE,if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth,or within such extensions of time as may be granted under said contract,and shall pay all laborers,mechanics,subcontractors and materialmen,and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work,and shall hold said City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton,then and in that event this obligation shall be void;but otherwise it shall be and remain in full force and effect. Principal Surety "W Signature Surety's Address yw Name and Title Agents Signature to Name and Tide 00 00910.1 ROOF REPLACEMENT RCC BOND TO THE CITY OF RENTON FORM No „0 SECTION 00920-CONTRACTORS INSURANCE AND RELATED REQUIREMENTS MINIMUM INSURANCE COVERAGE AND REQUIREMENTS +.r The CONTRACTOR shall obtain and maintain the minimum insurance coverage set forth below. By requiring such minimum insurance,CITY OF RENTON shall not be deemed or construed to have assessed the risks that may be applicable to the CONTRACTOR under the Contract. The CONTRACTOR shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. (1) Commercial General Liability-Acord Form or equivalent, written on an occurrence basis, including: • Premises and Operations ( Including CG 2503 general aggregate to apply per project if applicable) • Explosion, Collapse and Underground Hazards • Products/Completed Operations Contractual Liability(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 wt. (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. 00920.1 ROOF REPLACEMENT RCC INSURANCE REQUIREMENTS irr CONTRACTORS INSURANCE REQUIREMENTS The CONTRACTOR shall cant'the following limits of liability as required below: rrrr Commercial General Liability General Aggregate* $2,000,000 Products/Completed Operations Aggregate $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Fire Damage(Any One Fire) $ 50,000 Medical Payments(Any One Person) $ 5,000 Stop Gap Liability $1,000,000 *General Aggregate to apply per project Automobile Liability Bodily Injury/Property Damage $1,000,000 (Each Accident) Workers'Compensation Statutory Benefits-Show Washington Labor& Industries Number Umbrella Liability Each Occurrence Limit $1,000,000 General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 Pollution Liability(if Fee PeFLOSS $ 1,999,099 AggFegate -- $ - -1,000,000 46 00920.2 ROOF REPLACEMENT RCC INSURANCE REQUIREMENTS ADDITIONAL REQUIREMENTS CONTRACTOR shall Name CITY OF RENTON, and its officers, officials, agents, employees and volunteers as Additional Insureds (ISO Form CG 2010 or equivalent). CONTRACTOR shall provide CITY w' 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. ,+w 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 willendeavef to mail 45 days written notice to the certificate holder named to the left. But faelwFe to mail GOmpany, its agents 9F FepFesentatives " 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 fumish to the CITY OF RENTON a new certificate of insurance showing such coverage is in force. Required insurance coverage shall be maintained throughout the term of this contract, except Automobile Liability and Workers' Compensation,for a period of two(2) years after the date of substantial completion of the project. ev On all Certificates of Insurance, the Certificate Holder shall be listed as"City of Renton, Washington, Attention: Greg Stroh Facilities Manager" w+ 00920.3 ROOF REPLACEMENT RCC INSURANCE REQUIREMENTS wr .w► 41M +1w w. v�rs err aw AV sr *0 4W r GENERAL REQUIREMENTS DIVISION 1 w SECTION 01010-SUMMARY OF WORK PART 1 -GENERAL .� 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. Work of this Contract includes providing a new two-ply reinforced SBS modified asphalt membrane system mechanically attached and heat welded over slip sheet/fire barrier, existing EPDM roofing and plywood decking. Installation shall be complete with related flashings, scuppers, cant strips, and performing such incidental or other work as may be necessitated by these operations. Work shall include a manufacturer and contractors warranty for the work required by the contract documents and includes all labor necessary• to produce such work, and all materials and equipment incorporated in such work. Contractor's work shall be performed as indicated, specified herein and as necessary to provide a complete project. B. Unless otherwise indicated, the work includes, but is not limited to the following: 1. Providing and payment for labor, materials,equipment,tools, machines, facilities, and services necessary for proper execution and completion of work. 2. Paying required taxes. 3. Maintaining required egress in accordance with governing Codes and Ordinances throughout the work. C. Do not employ on work: 1. Unfit persons or persons not skilled in assigned tasks. 1.02 CONTRACT A. Construct work under a single fixed-price Contract. See Bid Form. 1.03 WORK SEQUENCE A. All efforts shall be made to perform all work without abnormally disturbing, •» inconveniencing, or interrupting the usage of the building, pedestrians, and vehicular traffic. 1.04 OBJECTIONS TO APPLICATION OF PRODUCTS Contractor and subcontractors submitting bids for this Project are required to thoroughly familiarize themselves with specified products and installation procedures and submit to Architect any objection in writing no later than seven (7)days prior to Bid Date. Submittal of Bid constitutes acceptance of products and procedures specified. �w. END OF SECTION 1W 01010.1 ROOF REPLACEMENT RCC SUMMARY OF WORK rr ov SECTION 01028-CHANGE ORDERS PART 1 -GENERAL 1.01 SUBMITTALS A. Change Order Forms: AIA G701 to be completed by City's Representative. 1.02 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME A. Submit detailed records of work to be done including time and materials. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. w. B. 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. C. When extra work is performed under an approved Change Order and paid for by ow acceptable lump sum or mutually agreed prices, the contractor will be limited to a markup of 10% overhead and profit. 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. 1.03 CHANGE PROCEDURES A. The City's Representative may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised aw 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. ow B. The Contractor may propose a change by submitting a request for change to the City's Representative,describing the proposed change and its full effect on the 40 Work,with a statement describing the reason for the change, and the effect of the Contract/Sum Price and contract. aw 01028.1 ROOF REPLACEMENT RCC CHANGE ORDERS W �r 1.04 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Construction Schedule and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum. END OF SECTION ww 01028.2 ROOF REPLACEMENT RCC CHANGE ORDERS fit SECTION 01500-CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS .w .w PART 1 -GENERAL • 1.01 ELECTRICAL SERVICE A. Arrangements may be made to obtain electrical power from the existing building system. City will pay for cost of electricity. 1.02 WATER A. Arrangements may be made to obtain water from the existing building system. City will pay for cost of water. 1.03 SANITARY FACILITIES .. A. Usage of existing public facilities in the general area is acceptable. to 1.04 BARRIERS&FENCE A. Make provisions to prevent public entry to the portion of the site being used for staging of *. construction equipment. Limit use of site within a fenced area furnished and installed by the contractor. Protect existing sidewalks, plantings, building, and adjacent properties from damage by operations. B. Fenced area shall be located over hard-surfaced areas only. 1.05 CLEANING DURING DEMOLITION A. Control accumulation of waste materials and rubbish dumping. Periodically dispose off- site in authorized dump sites. 1.06 STAGING AREA A. Contractor may utilize the grass area to the left of the West building entrance for staging, access to the roof, and storage of smaller equipment,the South flat roof section will require staging from the left side of the East/main entrance to the building.Alternate site storage considerations and contractor employee parking will be addressed during site setup. B. Protect the existing building from any marring,scrapes,holes,or damage of any kind. Any damaged area due to the contractors work shall be replaced by the contractor. 01500-1 ROOF REPLACEMENT RCC CONSTRUCTION FACILITIES,UTILITIES AND TEMPORARY CONTROLS w C. Provide for periodic removal of dumpster contents. �Ir► 1.07 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. END OF SECTION wrr �r to 01500-2 to ROOF REPLACEMENT RCC CONSTRUCTION FACILITIES,UTILITIES AND TEMPORARY CONTROLS 0 SECTION 01700-PROJECT CLOSEOUT PART 1 -GENERAL aw op 1.01 SUBMISSIONS FOR FINAL COMPLETION A. General: Submit the following documents: .. 1. In progress payment request coincident with or first following date claimed, show either 100%completion for portion of Work claimed as"Final Completion",or list incomplete items,value of incompletion, and reasons for being incomplete. 2. Include supporting documentation for completion as indicated in these 4, Contract Documents. 3. Submit statement showing accounting of changes to the Contract Sum. 4. Complete final cleaning up requirements, including touch-up of marred 4W surfaces. 5. Submit updated final statement, accounting for additional (final)changes to Contract Sum. "" 6. Submit final payment request with final releases and supporting documentation not previously submitted and accepted. 7. Submit certified copy of City Representative's final punch list of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance,endorsed and dated by City's Representative. 8. Payment and Release of Liens B. Inspection Procedures: Upon receipt of Contractor's request, City's Representative will either proceed with inspection or advise Contractor of prerequisites not fulfilled. Following initial inspection, City's Representative will either prepare certificate of Final Completion,or advise Contractor of work which must be performed prior to issuance of certificate;and repeat inspection when requested and assured that work has been substantially completed. Results of completed inspection will form initial •. "punch list"for final acceptance. aw 1.02 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to City's Representative. B. Reflect all adjustments to Contract Sum. Indicate following: 1. The original Contract Sum. 2. Additions and deductions resulting from: a. Previous Change Orders. b. Deductions of uncorrected Work. C. Other adjustments. 01700.1 ROOF REPLACEMENT RCC PROJECT CLOSEOUT w 3. Total Contract Sum,as adjusted. 4. Previous Payments. 0 5. Sum remaining due. 1.03 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. to 3. Proof of Payment of taxes from the State Dept of Revenue END OF SECTION 01700.2 ROOF REPLACEMENT RCC PROJECT CLOSEOUT low wo ww 4w rr +r ow vw wrr ,err w wr TECHNICAL SPECIFICATIONS DIVISIONS 2 THROUGH 16 v. SECTION 02070-SELECTIVE DEMOLITION wr ` PART 1 -GENERAL 1.01 SECTION INCLUDES A. Remove damaged insulation and replace as necessary. 1.02 RELATED SECTIONS A. Coordinate related work specified in other parts of the Project Manual, including but not limited to following: VW Division 07525 - Modified Bitumen Roofing No 1.03 QUALITY ASSURANCE A. Special Requirements of Regulatory Agencies: "" 1. Comply with all governing requirements and regulations regarding dust, dirt tracking, noise, routing of trucks and similar regulations. *W 1.04 SALVAGE STORAGE,TRANSPORTATION,AND HANDLING 4, A. Truck all debris from the demolition work off the project site to a location approved by the State and Federal agencies which have jurisdiction. The demolition contractor shall utilize an agency approved dumpsite and shall hold the Owner harmless in the event the up dumpsite is challenged. 1.05 JOB CONDITIONS A. Protection: 1. Erect barriers,fences,overhead protection,walkways,guard rails, chutes,shoring and the like to protect personnel,construction to remain, if applicable. 2. Do not damage adjacent existing construction. B. Maintain safety of existing mechanical,electrical systems at all times. AW PART 2-PRODUCTS a, 2.01 SALVAGE o' ROOF REPLACEMENT RCC 02070-1 SELECTIVE DEMOLITION YAW A. Demolished material shall be considered to be property of the contractor and shall be completely removed from the job site. PART 3-EXECUTION 3.01 EXAMINATION A. Verify demolition may safely and appropriately begin. B. Obtain required permits and permission from local governing authorities and Owner prior to commencing work. 3.02 PREPARATION A. Protection of existing structure: + 1. Do not interfere with existing or neighboring buildings, normal activities, in-so-far as possible.. a. Protect existing and adjacent structures and facilities from damage. 2. Cooperate with occupants in maintaining their continuous operations. 3. Perform demolition by methods that will protect persons,existing materials, and adjacent structures. 3.03 DISPOSAL , A. Remove demolition debris. B. Transport demolition/debris off-site and legally dispose of. Maintain hauling routes clean and free of any debris resulting from work of this Section. 3.04 DAMAGED WORK A. Repair or replace entirely, as required by Architect, any portion of work damaged during demolition. 66 END SECTION > ROOF REPLACEMENT RCC 02070.2 SELECTIVE DEMOLITION City of Renton Community Center ow 32S55(Soprafix) 04120/D4 RENTON COMMUNITY CENTER SECTION 07v25 SBS MODIFIED BITUMEN ROOFING "' PART 1 GENERAL 1.01 SUMMARY ow A. The work generally involves providing a new two-ply reinforced SBS modified asphalt membrane system mechanically attached and heat welded over slip sheet/fire barrier, existing EPDM roofing and plywood decking. Installation shall be complete with related flashings, scuppers, cant strips, and performing such 4W incidental or other work as may be necessitated by these operations. 1.02 REFERENCES w. A. ANSI/ASTM D41 -Asphalt Primer Used in Roofing, Damproofing,and Waterproofing. B. Factory Mutual(FM)Engineering Corporation-Roof Assembly Classifications. C. National Roofing Contractors Association(NRCA)-Roofing and Waterproofing Manual. err D. Underwriters Laboratories(UL)-Fire Hazard Classifications. E. Sheet Metal and Air-Conditioning Contractors National Association, Inc. (SMACNA). 1W F. CGSB 37GP56M Classification:Type 2, Class C, Grade 1. 1.03 SYSTEM DESCRIPTION IV A. System: Soprafix 32S55 Description: Two ply-SBS Modified Membrane up Top ply-torched Bottom ply-mechanically attached with side laps torched G-2 Base sheet mechanically attached or Existing EPDM roofing Plywood Decking over T&G %W 1.04 SUBMITTALS A. Manufacturer's product data sheets and installation instructions on all materials proposed for use. ow B. Specimen copy of the manufacturer's 10 year roofing warranty. C. Submit two 124nch square samples of membrane illustrating the color and thickness to be used. so D. Submit a copy of the manufacturer's installation instructions. to E. U.L.and F.M.compliance data. 1.05 QUALIFICATIONS "" A. Applicator's Qualifications: Page 1 City of Renton Community Center 32555(Soprafix) �� ■6 1. Approved by the manufacturer prior to the bidding period and throughout the installation and able to present a copy of his certification upon request by the Architect or Owner. wr B. Manufacturer's Qualifications: 1. Must have a minimum of 10 years experience manufacturing SBS modified bitumen roofing membranes, minimum 5 years experience manufacturing torch grade systems such as the base system specified. 2. Provide a factory trained technician for final inspection of the roofing system. 3. Provide a warranty upon satisfactory installation of the roofing system. 1.06 REGULATORY REQUIREMENTS A. Provide a UL Class"B"rated fire hazard assembly. B. Conform to all applicable Federal,State and Local codes. #16 C. Factory Mutual Engineering &Research Corporation(FM): 1.07 PRE-INSTALLATION CONFERENCE ' A. Convene prior to commencing work of this section at a time and location to be determined by the Owner. 1. All parties responsible for work of this section are required to attend including the Owner, Material Manufacturer, Contractor and any other trades involved in the roofing work. 2. Review installation procedures and coordination required with related work. 3. Inspect and make notes of job conditions prior to installation. 1.08 DELIVERY,HANDLING AND STORAGE A. Deliver all materials and store in their unopened original packaging, bearing the manufacturer's name, related standards and any other specification or reference accepted as standard. B. Carefully store on end materials delivered in rolls, with selvage edges up, a minimum of 6-inches above grade. Store metal flashings and counter flashings in such a way as to prevent wrinkling, twisting, scratching and other damage. 1.09 QUALITY ASSURANCE 40 A. Submit certification by the manufacturer of the system materials used that these Specifications and the Drawing Details are acceptable to them for the deck and surfacing to which they are to be applied. B. Inspection: Prior to,during installation and at completion of the installation,an inspection shall be made by a representative of the manufacturer in order to ascertain that the roofing system has been installed according to their published specifications,standards and details. 1.10 JOB CONDITIONS Page 2 City of Renton Community Center .. 32555(Soprafix) 04/2gV4 ow A Surfaces on which the roofing membrane system is to be applied shall be dry, clean, smooth, free of fins, sharp edges, loose and foreign materials, oil and grease. 1.11 WARRANTY A Contractor's Warranty: The Contractor shall guarantee all work in writing against defects in materials and workmanship for a period of two years following final acceptance of work. B. Manufacturer's Warranty. Upon completion of the work, furnish to the Owner via the Contractor the manufacturer's written and signed standard system warranty, certifying the performance of his products WW and the consistency of the properties of such products affecting their performance for a period of 10 years from date of acceptance and that installation of the product is in accordance with manufacturer's requirements. No exclusions to the random occurrence of ponding water. +rr PART 2 PRODUCTS 2.01 GENERAL A. Base Bid: 1. Soprema Inc. System 32555(Soprafix) Base Flashing Specification 3348 2.02 MEMBRANE A Base Ply: SOPRAFIX SOPRALENE FLAM 180S 1. Description: Waterproof membrane shall have a non-woven polyester reinforcement and thermofusible elastomeric asphalt Both sides shall have a thermofusible plastic film.This membrane is to be applied by mechanically fastening,torching only the laps. 2. Components: Reinforcement shall be 3.68 lb./sq. non woven polyester. Elastomeric asphalt shall be a mix of selected bitumen and SBS thermoplastic polymer. 3. Physical Properties: a. Tensile strength: Longitudinal-119 lb./in. Transversal-88 lb./in. b. Ultimate elongation, Longitudinal, 58% Transversal, 64% Q Static puncture strength-67 lb. d. Low temperature flexibility, no cracking at-22 degrees F. e. Thickness: 120mils(3mm) t SBS elongation-1500% g. Load Strain Product Page 3 City of Renton Community Center 04/20/)4 32555(Soprafnr) Longitudinal-6902 a Transversal-5632 B. Membrane Top Pty: ELASTOPHENE FLAM FR GRANULES W 1. Description: Roofing membrane shall have a glass mat reinforcement and thermofusible elastomeric asphalt The top side is self-protected with colored granules. The underside is protected by a thermofusible plastic film.This membrane is to be applied by torching only. a. Color to be selected by Owner. 2. Components: Reinforcement is 1.4 lbs. / sq. fiberglass. Elastomeric asphalt is composed of a mix of selected bitumen and SBS thermoplastic polymer. 3. Physical properties: a. Tensile strength: Longitudinal-52 lbs./in. Transversal-407lbs./in. b. Ultimate elongation: Longitudinal-4.3% Transversal- 3.7% C. Static puncture strength-18 lbs. d. Low temperature flexibility, no cracking at-22 degrees F. e. Load Strain Product Longitudinal-223 Transversal-148 f. Thickness: 148 mils(3.7mm) +wr f. Approximate weight per 100 sq. ft: 95 lb C. Flashing Top PV. SOPRALENE FLAM 180 FR GRANULES ' D. Flashing Base Ply.SOPRALENE FLAM STIK 2.03 FASTENERS A Soprafix is to be mechanically attached through the existing EPDM roofing system to the substrate with Soprema Soprafix Screws&plates. B. Wood: Roofing nails of galvanized steel, long enough to penetrate the wood by at least 3/4-inch on flashings and parapet walls. C. Masonry: Nail4n expansion type device with zinc body, plated steel nail, mushroom head and long enough to embed into the masonry a minimum of 14nch.. Page 4 City of Renton Community Center ow 32S55(Soprafix) 041201104 err 2.04 BASESHEET A Fiberglass G-2 Basesheet: MODIFIED SOPRA G to 2.05 PRIMER A. Asphalt Primer. ELASTOCOL 500 PRIMER to 1. Primer shall be applied on all dissimilar materials. w. 2. Description: Black bituminous varnish. 3. Composition:Asphalt modified bitumen with thermoplastic polymers and volatile solvents. +rr 2.06 MISCELLANEOUS A. Traffic Topping: Shall be SOPRAWALK B. Water Cut-Off Mastic: SOPRACOLLE or SOPRAMASTIC 4W D. SOPRALENE FLAM STIK for gusset material. E. Substrate Board—1/8 inch SOPRABOARD by Soprema. QW PART 3 EXECUTION "" 3.01 SURFACE INSPECTION AND PREPARATION A. Before commencing work, all surfaces shall be smooth, clean, dry and free of any debris that would 4W adversely effect the installation of the membrane. B. Before commencing work, the Owner's representative, together with the roofing contractor, shall inspect and approve the deck conditions as well as verticals on parapet walls, roof drains, stack vents, vent outlets and others, building joints, etc. C. Make relief cuts in the existing EPDM roofing system as directed by manufacturer. .ir D. Install substrate board over all existing EPDM at the base flashings. E. Do not install materials in conditions of inclement weather. .w F. Verify that the work of other trades has been properly completed. 3.02 ROOF REMOVAL A. Remove all compromised roofing, associated flashings, unused curbs and penetrations. 1. Dispose of all debris in accordance with Federal, State and Local Regulations. 2. Repair damaged or defective deck areas prior to commencement of work under this section. 3.03 G-2 BASESHEET INSTALLATION VW A. Install G-2 Basesheet over EPDM roofing. Secure the sheet so that it stays in place. Page 5 w City of Renton Community Center 04120104 32555(Soprafa) to B. Apply only as much base sheet to the roof as can be covered the same day with roofing membrane. 3.04 EQUIPMENT A Maintain all equipment and tools in good working order. 1. Have 2 approved fire extinguishers at each workstation. 3.05 ASPHALT PRIMER APPLICATION A Prime all surfaces to which asphalt or membrane will come in contact. Apply at the rate of 150-200 sq. ' ft/gallon. Coat all metal flashings and fascia with primer which will come in contact with membrane. 3.06 BASE PLY INSTALLATION A Unroll dry base ply membrane on deck for alignment Each strip shall have four(4) inch side laps and six (6)inch end laps. Allow membrane to relax a minimum of 20 minutes. 1. Begin at low point of roof. 2. Place membrane so edge lap will be centered on drain. B. Mechanically attach base ply membrane locating fastener and plate 1-1/2 inches from the edge of the sheet Fasten ply twelve inches(12") O/C. at lap at perimeter and comer area and 12 inches O/C. in field laps. C. Heat weld the next row on the lap only,overlapping seam four inches. D. Application shall provide a smooth surface,free of air pockets,wrinkles,fishmouths or tears. E. Seal all laps by running a hot trowel along the edge of the seam. F. Run base ply tight up against any vertical surfaces such as curbs, parapets, and vents. . +rr 3.07 BASE FLASHING PLY INSTALLATION A Prior to application, apply 1/81" inch substrate board over the vertical surface receiving the base flashing ply shall receive a coat of primer at the rate of 150-200 sq. ft/gallon. This primer coating must be dry before application of the base flashing. B. Lay base flashing ply in strips three(3)feet wide to the vertical surfaces, extending onto the flat surface of the roof a minimum of four (4) inches. Side laps shall be three (3) inches and shall be staggered a minimum of four(4)inches with the laps of the base ply. C. Firmly press (roll) base flashing ply directly on its support from bottom to top followed by the torching of the roof tie-in. D. After installation of base ply flashing,check all lap seams on the flashing by running a heated trowel along the edge of the seams. 1. THOROUGHLY SEAL ALL VOIDS IN THE CORNERS AND SEAMS. Page 6 City of Renton Community Center "" 32S55(Soprafa) 04120/D4 +r 3.08 TOP PLY INSTALLATION A Once the base ply and base flashing ply has been completed and do not show any defects, install the top ply. B. Unroll top ply starting from the low point of the roof to run parallel to the run of the base ply. Care must be taken to insure good alignment of the first roll(parallel with the edge of the roof). A 45 degree cut shall be made on the selvage edge of underlying membrane prior to application to insure a good seal between the membrane. 1. First piece must have granules embedded 4-inches wide along the full length and 6-inches at end laps. C. Torch weld top ply in accordance with recommendations of Soprema, onto the base ply membrane. 1. During this application, simultaneously melt both surfaces forming an asphalt bead that pushes out in front of the top sheet D. Do not to bum the membrane and their respective reinforcements. E. Stagger base ply and top ply seams a minimum of twelve(12)inches. ar. F. Top ply shall have side laps of three (3) inches and end laps of six (6) inches. Prior to installation of following ply, embed surface granules on laps by torch heating the membrane surface and pressing the granules into the melted asphalt with a hot trower. G. Ensure the two membranes are perfectly welded,without air pockets,wrinkles,fishmouths or tears. H. After installation of the top ply, check all lap seams on the top ply using the edge of a hot trowel. Correct any defect I. During installation,avoid asphalt seepage greater than 1/4 inch at seams. 1. Cover any asphalt seepage with a sprinkling of loose granules,color to match membrane. f,,, 3.09 TOP PLY FLASHING INSTALLATION A Lay top ply flashing in strips three(3)feet wide. +w 1. Side laps shall be three(3)inches and shall be staggered a minimum of four(4)inches from top ply laps in order to avoid excessive thickness. 4r B. Using a chalk line, lay-out a straight line on the top ply surface, parallel to the roof edge, six (6) inches inside the roof from the base of the cant strip or right angle to be flashed. C. Using a torch and heated flat trowel embed the surface granules into the heated and soft bitumen form the chalk line to the edge of the top ply,and to the top of the cant or right angle. D. Extend bop ply flashing down the vertical surface and onto the flat roof at a distance of six (6) inches, to the extent of the area of exposed bitumen. For ease of application, cut roll into required lengths and use width of roll three(3)feet down length of roof, maintaining specified three(3)inch laps. 1. Torch weld top ply flashing in accordance with recommendations of Soprema,directly on ow its base ply, proceeding from bottom to top followed by the torching of the roof tie-in. 2. Firmly press flashing into position using a damp sponge. of Page 7 City of Renton Community Center 04/2aOD4 32555(Soprafuc) E. Thoroughly seal all voids in the comers and seams. to F. Application shall provide a smooth surface,free of air pockets,wrinkles,fishmouths or tears. G. During installation,avoid asphalt seepage greater than 1/4 inch at seams. e1" 1. Cover any asphalt seepage with a sprinkling of loose granules,color to match membrane. 3.10 WATER CUT-OFF A When precipitation is eminent, a water cut-off shall be constructed at all open edges. Construct the cut-off with the same membrane and asphalt as that used for the roofing system. Cut-off must be able to withstand extended periods of wet weather. The water cut-off shall be completely removed prior to resuming the installation of the roofing system. 3.11 CLEANING A Clean-up and remove daily from the site all wrappings, empty containers, paper, loose particles and other debris resulting from these operations. B. Remove asphalt markings from finished surfaces. 3.12 PROTECTION A Provide traffic ways, erect barriers, fences, guards, rails, enclosures, chutes and the like to protect personnel, roofs, structures,vehicles and utilities. 3.13 FIELD CONTROL A Field inspection will be performed as outlined under 1.09 of this section. 3.14 ROOF DRAINS A Provide a smooth transition from drain bowl to deck surface. 1. Prime all metal surfaces. 2. Using a trowel,set a 64nch wide layer of mastic around the drain bowl edge as water cut-off. B. Install base ply membrane with lap centered on bowl and as specified under 3.06 of this section ensuring a tight seal at drain. 1. Install a fully primed,30-inch square sheet of 4-LB lead flashing set in mastic. " 2. Torch into place a reinforcing sheet of base ply material three feet square centered on drain. 3. Extend membranes 14nch beyond the inside edge of the drain bowl and temporarily secure with clamping ring. C. Install top ply as specified under 3.08 of this section. 1. Extend membrane 14nch beyond the inside edge of the drain bowl. Page 8 City of Renton Community Center "" 32555(Soprafix) 04120104 aw 2. Position membrane so as to avoid the occurrence of any seams at drains. 3. Seal off drain by running a hot trowel along the edge and firmly pressing against the rim. D. Install clamping ring and drain covers supplied with drain. E. Test all drains for proper flow and watertightness. Correct defects. 3.15 VENT(STACK) " A. Inspect base ply installation and ensure tight seal around pipe. B. Construct and install over base ply a sheet metal vent or lead sleeve (as appropriate) with welded or soldered seams and flange per details. 1. Provide a minimum 5-inch base flange. 2. Prime all metal surfaces. 3. Heat metal flange or base membrane with torch prior to setting in place and firmly press on flange to ensure complete and even contact with roof surface. C. Torch into place a reinforcing sheet of base ply material three feet square over the vent. 1. Seal all seams and edges with a heated trowel. D. Install top ply as specified under 3.08 of this section. +Yrr 1. Cut membrane to fit tight against stack sleeve and seal by running a heated trowel around vent base. E. Install metal vent cap. 3.16 WALKWAYS aw A As directed by the Owner, install an additional 364nch wide by 4-foot long sheet of Soprawalk as walkway. B. Layout sheets dry, adjusting spacing to be uniform, cut and trim pieces as required to fit conditions, at direction changes and closing. 1. No piece shall be less than 24-inches. to 2. Provide a 24nch gap between sheets for drainage. C. Align the sheets to be straight and true, using a straight edge or snap lines as required. �r D. Prime all affected areas. D. Follow specifications for torching top ply installation. (No granule embedment necessary.) 3.17 CORNER FLASHING A Install gussets of Sopralene Flamstik as directed by manufacturer. Page 9 City of Renton Community Center 32S55(Soprafix) 05403104 3.18 CURBS ' A Inspect and verify that all curbs are properly secured to deck, are level, a minimum 8-inches above finished roof, primed and ready to receive flashings. B. Base ply membrane is to run horizontally tight up against the vertical curb or cant as required. 1. When base ply membrane is to act as temporary seal for an extended length of time, r�lr carry membrane up vertical surface a minimum of 1-inch. C. Gusset to be fabricated 44nch wide by 8-inch long with a 2-inch triangular tip. 1. Install gusset onto comer using a torch and firmly pressing with a hot trowel. 2. Set gusset with triangular tip on base ply and wrapping the comer a minimum 2-inches on each side. D. Install base flashing ply according to 3.07 of this section. 1. Pre-cut flashing to the total sum of curb height,thickness plus 1-inch for inside curb securement and 4-inch tie-in along base with width to match that of curb plus 3-inch overlap on each end. 2. Secure along inside of curb with roofing nails. 3. Cut back comer base selvage at 45-degree angle from vertical E. Install top ply membrane and flashing as specified under 3.08 and 3.09 of this section. 1. Pre-cut flashing to the total sum of curb height plus 6-inches for base tie-in with width to match that of curb plus 3-inch overlap at each end. 2. Set granules with heated trowel on all surfaces to receive flashing.,or remove foil as applicable. 3. Cut flashing flush with the top of curb and seal edges with heated trowel 4. Cut back comer base selvage at 45-degree angle from vertical. 5. Firmly press flashing into position using a damp sponge. F. Provide metal counter flashing. 3.19 PARAPETS A Install substrate board over existing EPDM flashings, ready to receive flashings. 1. Mechanically attach per manufacturers requirements. B. Base ply membrane is to run horizontally tight up to the vertical or cant as required. C. Install base flashing ply according to 3.07 of this section. 1. Install a continuous metal cleat(material)and edge as detailed. ' a. Prime all dissimilar surfaces prior to membrane or flashing installation. Page 10 City of Renton Community Center MR 32S55(Soprafix) 05/0311)4 + b. Seal all edges with a hot trowel. D. Torch weld top ply membrane and flashing as detailed and specified under 3.08 and 3.09 of this section. 3.20 COPING aw A. Install new factory prefinished 24 ga. standing seam coping—with 20-year finish guarantee. Colorklad or equal. Install as per SMACNA ow 1. Where applicable, color selection to be by owner from manufacturers standard colors 3.21 FIRE WATCH ow A. Maintain at least a two (2) hour fire watch at the close of each day after the use of torches has been discontinued. ow fm END OF SECTION aw 0 v w. vo 00 aw a Page 11 ow aw SECTION 07621 -SHEET METAL FLASHING AND COPINGS .. PART 1 -GENERAL 1.01 SECTION INCLUDES A. Installation of new sheet metal flashings and copings including roof/wall flashings,equipment curbs,equipment flashings, roof copings,sheet metal comer caps, and general sheet metal counter- flashings 1.02 REFERENCES o. NRCA National Roofing Contractors Association-Roofing and Waterproofing Manual to SMACNA Sheet Metal and Air Conditioning Contractor's National Association-Architectural Sheet Metal Manual r. 1.03 QUALITY ASSURANCE A. Installer qualifications: 1. Company installing roofing and specializing in sheet metal flashing work with at least 3 years of experience in the trade. w PART 2-PRODUCTS MW 2.01 MATERIALS A. Galvanized steel-ASTM A 525. Minimum 24-gage unless otherwise indicated •r on Drawings. B. Provide miscellaneous accessory materials,tools, and equipment to complete the sheet metal flashing and trim work including, but not limited to,the to following: 1. Fastener. Stainless steel with soft neoprene washers at exposed fasteners. Replace all removed existing fasteners with stainless steel ow fasteners. 2. Bedding compound and sealant: Dow Coming#795 Silicon or as wo recommended by modified bitumen roofing manufacturer to maintain 20 year roofing warranty. 4. Solder. ASTM B 32. w„ 5. Flux: FS 0-F-506 "w ROOF REPLACEMENT RCC 07621-1 SHEET METAL FLASHING wr 2.02 FABRICATION A. Form sections true to shape, accurate in size, square, and free from distortion or defects. B. Solder and seal pre-fabricated metal joints. After soldering, remove flux. Wipe and wash solder joints clean. Do not solder any in-place sheet metal joints. ■r 2.03 FINISH A. Only finish with matching paint the re-worked roof coping overflow shown in detail 12/A10. All other sheet metal finish shall remain as-is. PART 3-EXECUTION 3.01 EXAMINATION A. Verify installation conditions as satisfactory to receive work of this section. Do not install until unsatisfactory conditions are corrected. B. Verify roof openings, curbs, pipes, sleeves, ducts, or vents through roof are solidly set, and cant strips. C. Verify membrane termination and base flashings are in place, seated, and secure. 3.02 PREPARATION rr A. Field measure conditions prior to fabricating work. B. Install starter and edge strips and cleats, if necessary, before starting installation. C. Lap and seal joints with sealant. D. Fit flashings tight in place. Make comers square,surfaces true and straight in r planes, and lines accurate to profiles. 3.03 INSTALLATION A. Conform to Drawing details included in SMACNA manual. Provide cover plates at joints and accommodate expansion. " .r+ END OF SECTION rr ROOF REPLACEMENT RCC 07621 -2 SHEET METAL FLASHING 41W irr trr "0 rr aw Mr 4r "w �1tir vw No r. ow DRAWINGS o. mv I nursaay, way 10, 4UU4 a:U1 AM _60pn3ma f*U p.U2 rAY-13-2004 THU 07:48 AN FAX N0. P. 01 vat — _... . vw I { J G Z %W a. .. 11 ON w -- �,�. tea, if , FM 3-6A FIG 348 E_ not show for seawnt Old wag FIG 34D FORMED • DUAL WALLS Awhitactural show Metal Manual-Sth E& 3.16 „ - i nursaay, May 13,t004 8:01 AM _ Soprema(360)862-1850 P HAY-13-2004 THU 07:48 AN FAX NO. P. 02 % 477177--:-7- - ' ow .. ow tow ow �LL a , j LA p Y ow vw 1� I nursday, May 1 s,lUU4 8:U1 AM soprema(emu 602-1 tow _ N -r MAY-13-2004 THU 07:49 AN FAX N0. P. 04 rrM rrr w, S4°1,p o.f m Tws (2Srnm per ) —�- r'(25mm)Min.Lep— (BM Sides) i _ J Roof i ConlinYOr� ! List L See Detail I .Semw in Storied or Overimed HOW is on 24'(6tOmrn)O.C. Seel wt.WS end Joint Salsedons Are From Tabis 3-1 --Wssher DFTAIL I IN FORMED METAL COPINGS- FIGURE 3-1 DESIGN DATA Arahi edwal Sh*9 Metal Manual-Sth Ed. 3.2