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-cp(/ PROJECT MANUAL for COULON BEACH PARK GANGWAY IMPROVEMENTS 1201 LAKE WASHINGTON BLVD. NORTH RENTON, WASHINGTON Owner: CITY OF RENTON COMMUNITY SERVICES ADMIN 1055 South Grady Way Renton, WA 98055 Bill Rasmussen, CIP Coordinator Ph: 42S 430 6617 Fx: 425 430 6603 Date: August 31, 2004 .1. Up +err 0 PROJECT MANUAL for COULON BEACH PARK aw Gangway Improvements to 1201 Lake Washington Blvd. North RENTON, WASHINGTON 9805 5 Owner: CITY OF RENTON COMMUNITY SERVICES ADMIN 10 S S South Grady Way Renton, WA 980SS Bill Rasmussen, CIP Coordinator Ph: 425 430 6617 Fx: 425 430 6603 Engineer: PND, Inc. 811 First Avenue, Suite 5 70 Seattle, WA 98104 aw Date: August 31, 2004 N. 1. Printed by Pdnt 8 Mail Svcs,City of Renton COULON BEACH PARK GANGWAY IMPROVEMENTS TABLE OF CONTENTS ww TITLE NUMBER OF PAGES Tableof Contents.......................................................................................................................1 DIVISION O -BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00020 Synopsis of Bidding Information .................................................................................2 1W 00030 Invitation to Bid....................................................................................... ..............1 00040 Call for Bids................................................................................................................1 00110 Bidder's Checklist.......................................................................................................1 00200 Instructions to Bidders................................................................................................6 00310 Bid Proposal (also inserted separately).......................................................................5 00400 Non-Collusion, Anti-Trust, Minimum Wage Form (also inserted separately)...............1 00420 Statement of Bidder's Qualifications (also inserted separately) ..................................2 00500 Bid Bond Form (also inserted separately)...................................................................1 00705 General Conditions of the Contract...........................................................................39 00810 Modifications to General Conditions............................................................................1 00900 Special Conditions......................................................................................................3 00910 Bond to the City of Renton Form ................................................................................1 1, 00920 Insurance & Related Requirements............................................................................3 DIVISION 1 -GENERAL REQUIREMENTS so 01010 Summary of Work and Sequence...............................................................................2 01015 Special Provisions.......................................................................................................7 01027 Application for Payment..............................................................................................1 01028 Change Orders...........................................................................................................3 o► 01060 Regulatory Requirements...........................................................................................1 01340 Shop Drawings, Product Data & Samples...................................................................1 01400 Quality Control............................................................................................................1 4W01430 Inspections &Tests ....................................................................................................2 01500 Construction Facilities, Utilities, and Temporary Controls ...........................................3 01570 Traffic Regulation .......................................................................................................2 01630 Product Substitutions..................................................................................................5 01700 Project Closeout.........................................................................................................5 DIVISIONS 2. 3 & 5—TECHNICAL SPECIFICATIONS 02050 Site Demolition............................................................................................................2 03300 Cast-in-Place Concrete...............................................................................................1 or05500 Metal Fabrications ......................................................................................................2 05999 Gangways...................................................................................................................2 up ow ow 1W 2004-146aa TABLE OF CONTENTS PAGE 1 aw r ti r r r r r i� r w W W BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT • DIVISION 0 fm COULON BEACH PARK GANGWAY IMPROVEMENTS SYNOPSIS OF BIDDING INFORMATION SECTION 00020 to 1. PROJECT: COULON BEACH PARK GANGWAY IMPROVEMENTS ��lo to 1201 Lake Washington Blvd. North Renton, WA 98055 to 2. OWNER: City of Renton 1055 South Grady Way Renton, WA 98055 3. OWNER'S REPRESENTATIVE: Bill Rasmussen, Capital Project Coordinator Community Services Administration Renton City Hall, 5t' Floor 1055 South Grady Way Renton, WA 98055 +tier Phone (425) 430-6617 FAX (425) 430-6603 r 4. BIDS DUE: Tuesday, September 14, 2004, by 2:30PM Renton City Hall - Seventh Floor—Office of the City Clerk After bids are received and time-stamped by the City Clerk, the bids will be opened in Conference Room #521 on the Fifth Floor of City Hall. 5. TENTATIVE SCHEDULE OF WORK: The following dates represent the tentative schedule for the Work to be performed under this contract: Plans Available for Bidding Tuesday, August 31, 2004 No Pre-Bid Site Walk-Thru Thursday, September 9, 2004 wr Bids Due by 2:30 PM Tuesday, September 14, 2004 Commence Construction Work Upon contract completion rr 6. TIME OF CONSTRUCTION: No One hundred (100) calendar days. No construction is permitted during the lead time. Liquidated damages thereafter at fifty dollars ($50) per day. it 2004-146aa 00020 PAGE 1 to COULON BEACH PARK GANGWAY IMPROVEMENTS SYNOPSIS OF BIDDING INFORMATION SECTION 00020 7. BID SECURITY: Minimum 5% of bid submitted as cash, certified check, bid bond, or cashiers check 8. PERFORMANCE BOND & PAYMENT BOND: 100% of contract amount 9. WAGES: Pay state promulgated prevailing wages rates. 10. TYPE OF CONTRACT: Single lump-sum contract encompassing all work. END OF SECTION wr 2004-146aa 00020 PAGE 2 "" COULON BEACH PARK GANGWAY IMPROVEMENTS INVITATION TO BID SECTION 00030 r�rr CITY OF RENTON w COMMUNITY SERVICES ADMINISTRATION COULON BEACH PARK GANGWAY IMPROVEMENTS You are invited to submit a sealed bid for the work associated with gangway improvements at Coulon Beach Park, 1201 Lake Washington Blvd. North, Renton, Washington. Bids will be received at the Office of the City Clerk, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton, WA, 98055 until 2:30 P.M., Tuesday, September 14, 2004. The bids will then +ww be publicly opened and read aloud in the 5th Floor Conference Room #521 of City Hall. Bids received after the specified time and date will not be considered. The project work includes the gangways at Coulon Beach Park being removed and modified and/or replaced per drawings and specifications. Work will include metal, carpentry, and concrete. A single contract bid including general and specialty contracts shall be submitted in accordance with the drawings, project manual, and other contract documents. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bids received. The range for the estimated construction cost is $145,000 to $170,000, including tax. The City's fair practices/non-discrimination policies and State Prevailing Wage Rates apply to this project. Bid documents will be available Tuesday, August 31, 2004, and may be obtained at the Community Services Administration Office, Renton City Hall, Fifth Floor, 1055 South Grady Way, Renton (Phone: 425 430 6600), at a non-refundable cost of$25 per set. Mailing cost is $15 extra per set. Checks only are accepted, payable to the City of Renton. Questions about the project shall be addressed to Bill Rasmussen, City of Renton, Community Services Administration, 1055 Grady Way, Fifth Floor, Renton, WA, 98055, phone (425) 430-6617, fax (425) 430-6603. A pre-bid site walk-through will be held on Thursday, September 9, 2004, at 10:00 AM at the site. Each bidder is fully responsible for familiarizing himself with the work and the site conditions. ow The successful bidder shall enter into a contract in accordance with the bid and shall furnish a Performance Bond in the amount of 100% amount bid. w. Im END OF SECTION rr rrr 2004-146aa 00030 PAGE 1 so COULON BEACH GANGWAY IMPROVEMENTS CALL FOR BIDS SECTION 00040 CALL FOR BIDS COULON BEACH PARK GANGWAY IMPROVEMENTS RENTON, WASHINGTON Sealed bids for gangway improvements at Coulon Beach Park, 1201 Lake Washington Blvd N., Renton, Washington, will be received at the Office of the City Clerk, Renton City Hall, Seventh Floor, 1055 South Grady Way, Renton, Washington 98055, until 2:30 PM on Tuesday, September 14, 2004. Bids will then be opened and publicly read aloud in the Fifth Floor Conference Room #521 of City Hall. The project work includes the gangways at Coulon Beach Park being removed and modified and/or replaced per drawings and specifications. Work will include metal, carpentry, and 6W concrete. Plans and specifications may be examined at local plan centers and obtained at City of Renton Community Services Department on the Fifth Floor, Renton City Hall, 1055 South Grady Way, Renton, WA 98055 (Ph: 425 430 6600) beginning Tuesday, August 31, 2004. A non- refundable amount of$25 (check only, payable to City of Renton)will be charged for each ,ow set of contract documents. If mailed, there is an additional non-refundable fee of$15 per set to cover postage. A pre-bid site walk-through will be held on Thursday, September 9, 2004, at 10:00 a.m. at the to site. Each bidder is fully responsible for familiarizing himself with the work and the site conditions. A Bid Bond in the amount of 5% of the total amount of each bid must accompany each bid. The City reserves the right to reject any and all bids and waive any informalities or irregularities in bids received. The City's fair practices and non-discrimination policies and State Prevailing Wage Rates apply to this project. All proposals shall be mailed or hand delivered to: City of Renton Attn: City Clerk Renton City Hall 1055 S. Grady Way Renton, WA 98055 to Bids shall be in a sealed envelope marked: "COULON BEACH PARK GANGWAY IMPROVEMENTS." WW To be published in: Daily Journal of Commerce "" August 31 and September 7, 2004 r. END OF SECTION 2004-146aa 00040 PAGE 1 to COULON BEACH GANGWAY AREA IMPROVEMENTS SECTION 00110 BIDDER'S CHECKLIST it BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms, which must be executed in full as required and submitted with the bid: 1. Proposal: The bid price shall be stated in terms of a total lump. Illegible figures may invalidate the bid. 2. Proposal Signature Sheet To be filled in and signed by the Bidder. 3. Bid Bond No bond form other than the form provided within these specifications shall be acceptable to the contracting agency. The form shall be executed by the Bidder and the surety company unless bid is accompanied by a certified check. The proposal bond shall not be altered, conditioned, or modified in any way. The amount of this bond shall be not less than five percent (5%) of the total amount bid and may be shown in dollars or on a percentage basis. 4. Statement of Bidder's Qualifications To be filled in and signed by the bidder. 5. Non-Collusion Affidavit To be signed and submitted with the bid. Failure to complete the aforementioned forms and to submit said forms with the bid, shall be due cause for rejection of bid. END OF SECTION or +rr err rw 2004-146aa 00110 PAGE 1 wr COULON BEACH PARK GANGWAY IMPROVEMENTS INSTRUCTIONS TO BIDDERS SECTION 00200 to PART 1 INSTRUCTIONS TO BIDDERS to 1. BIDDERS REPRESENTATIONS A. The work involved under the terms of this contract document shall be full and complete installation of the facilities, as shown on the plans and as described in the w construction specifications. B. The Bidder, by making a Bid, represents that he has read and understands the Bidding Documents and the Bid is made in accordance therewith. He has also 1W visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the bidders personal observations with the requirements of the proposed Contract Documents. C. Bids shall include Work in conformance with all applicable State Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over the �r construction of the Project. D. A total of one hundred (100) calendar days will be allowed for the construction portion of this project. It is anticipated that Notice to Proceed will be issued thirty (30) days after the receipt of bids. 2. CONDITIONS OF THE WORK A. Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligations to furnish all material and labor necessary to carry out the provisions of his contract. B. Insofar as possible the Contractor, in carrying out his work, must employ such ++ methods or means as will not cause any interruption of or interference with the work of any other contractor. wr 3. ADDENDA AND INTERPRETATIONS A. No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. B. Every request for such interpretation should be in writing addressed to the Owner's Representative, and to be given consideration must be received at least four(4) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed and faxed no later than two (2) days prior to the date fixed for the opening of bids. Failure of any bidder to receive such addenda or interpretation shall not relieve any such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. 2004-146aa 00200 PAGE 1 r 3 COULON BEACH PARK GANGWAY IMPROVEMENTS INSTRUCTIONS TO BIDDERS SECTION 00200 4. SUBSTITUTIONS A. The materials, products, and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. B. The Owner's Representative shall have the final decision on the acceptability of substituted products. Refer to Section 01630 of the Specifications for Product Substitutions. 5. PREPARATION OF BIDS w A. Each bid must be submitted on the enclosed form (Bid Form, Section 00310). Do not use or remove form bound within the specifications. All blank spaces for bid prices must be filled in, either in ink or typewritten. The amount for each specified type of to work, the pre-tax lump sum, applicable taxes, and total lump sum bid must be stated in both words and figures and where conflict occurs, the written or typed word shall prevail. (see Section 1-02.6, City of Renton Supplemental Specifications). Each bid must be accompanied by fully completed and executed items in the Bidder's Checklist, Section 00110. B. Use the following descriptions to prepare the base bid and deductive bids: ITEM 1 —AREA 1 Description: The work under this item shall consist of all labor, materials, tools and equipment necessary to supply and install the gangway and attachments as shown on the plans for Area 1. This shall include, but is not limited to the following: fit 1. Removal of existing gangway 2. Removal of existing float and floatation 3. Installation of gangway attachment assembly 4. Installation of gangway landing assemblies 5. Installation of additional floatation 6. Installation of handrails 7. Installation of new gangway ITEM 2—AREA 2 Description: The work under this item shall consist of all labor, materials, tools and equipment necessary to supply and install the gangway and attachments as shown on the plans for Area 2. This shall include, but is not limited to the following: 1. Removal of existing gangway 2. Removal of existing float and floatation ` 3. Installation of gangway attachment assembly 4. Installation of gangway landing assemblies 5. Installation of additional floatation rr 6. Installation of handrails 7. Installation of new gangway rr 2004-146aa 00200 PAGE 2 +� COULON BEACH PARK GANGWAY IMPROVEMENTS INSTRUCTIONS TO BIDDERS SECTION 00200 ITEM 3—AREA 3 Description: The work under this item shall consist of all labor, materials, tools and equipment necessary to supply and install the gangway and attachments as shown on the plans for Area 3. This shall include, but is not limited to the following: 1. Modificaation of existing gangway 2. Modification of existing handrails 3. Installation of gangway attachment assembly 4. Installation of gangway landing assemblies 5. Installation of additional floatation 6. Installation of new gangway + ► ITEM 4—AREA 4 Description: The work under this item shall consist of all labor, materials, tools and equipment necessary to supply and install the gangway and attachments as shown on the plans for Area 4. This shall include, but is not limited to the following: 1. Modificaation of existing gangway 2. Modification of existing handrails 3. Installation of gangway attachment assembly 4. Installation of gangway landing assemblies 5. Installation of additional floatation 6. Installation of new gangway. DEDUCTIVE ITEM A—ARE n4 Description: The deductive 4nw6nt for Area 4 as shown on the plans for Area 4 as previously described. DEDUCTIVE ITEM B—ARE 3 Description: The deductive 4m&nt for Area 3 as shown on the plans for Area 3 as previously described. DEDUCTIVE ITEM C—ARE Description: The deductive un for Area 2 as shown on the plans for Area 2 as previously described. DEDUCTIVE ITEM D—ARE 1 Description: The deductivent f Area 1 as shown on the plans for Area 1 as previously described. 6. SUBMISSION OF BIDS A. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name: "Coulon Beach Park Gangway Improvements-Sealed Bid Enclosed" B. All bids must be self-explanatory. No opportunity will be offered for oral explanation except as the City may request further information on particular points. 2004-146aa 00200 PAGE 3 +r. , COULON BEACH PARK GANGWAY IMPROVEMENTS INSTRUCTIONS TO BIDDERS SEC 00200 C. Bids shall be submitted to the City Clerk's Office, Renton City I, 1055 South Grady Way, Seventh Floor. Bids will be received until 2:30 , ??????????. D. No telegraphic or fax modifications will be allowed. 7. OPENING OF BIDS Bids shall be publicly opened and an abstract of the Bids made available to the Bidders. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bids received. The City further reserves the right to Award a Contract in whatever manner is in the City's best interest. 8. AWARD OF BID A. It is the intent of the Owner to award a Contract to the lowest responsible Bidder �rr� within the funds available for work included in the Base Bid and any or all Alternates selected by the Owner (if included), inclusive of Washington State sales tax, provided the Bid has been submitted in accordance with the requirements of the Bidding Documents. B. The Owner reserves the right to reject any bidder if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that the Contractor is properly qualified to complete work of the highest quality. 9. POST BID INFORMATION AND DOCUMENT SUBMITTAL A. The Bid Guarantee shall be a certified check, a cashier's check, or a bid bond made payable to the Owner for an amount equal to at least 5% of the Base Bid. The Owner reserves the right to hold the bid guarantees of all bidders until the successful bidder has entered into the contract and furnished the required guarantee bond, or for a period of 45 days, whichever is the shorter time. B. The bidder winning the award of this project will be required to submit the following documents to the City, within ten (10) days of Notice of Contract Award: • Standard Form of Agreement—AIA Form A101 • Certificates of Insurance (see Section 00920 for requirements) • City of Renton Business License • Performance Bond and Payment Bond (see Section 00910 for form) • City of Renton Affidavit of Compliance (see Section 00400 for form) • Affidavit of Intent to Pay Prevailing Wages. C. Should a bidder fail to enter into contract and furnish required documents within fourteen (14) days after his proposal has been accepted, his bid guarantee shall be retained by the Owner as liquidated damages, not as a penalty. 10. NOTICE TO PROCEED Notice To Proceed shall be given after the City Council, City Attorney, and Risk Manager approve the Contract and the Contract is signed by the Mayor. + 2004-146aa 00200 PAGE 4 trll COULON BEACH PARK GANGWAY IMPROVEMENTS INSTRUCTIONS TO BIDDERS SECTION 00200 11. TIME OF CONSTRUCTION I After the designated date of Start of Wo , the Contractor shall proceed with promptness 1 and diligence. T on • war#. All work shall be physically complete within ???`?????? days of Notice to Proceed, unless otherwise notified by Owner. 12. LIQUIDATED DAMAGES For each calendar day after date established by the above allowed time that any portion of r the work remains incomplete (in the City's sole judgment), the sum of Fifty Dollars ($50.00) (not to be construed in any sense a penalty) is the agreed liquidated damages incurred by the City for failure of the Contractor to meet the scheduled completion dates. 2W 13. CHANGE ORDER A. When extra work is performed under an approved Change Order and paid for by acceptable lump sum or mutually agreed prices, the contractor will be limited to a to markup of 10% overhead and profit. B. When extra work is performed as above by a subcontractor to the general to 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. go 14. QUALIFICATIONS OF BIDDING A. Each bidder must furnish a statement of his construction experience and general as ability to perform the work on the "Statement of Bidder's Qualifications"form included in the Specifications. B. The Owner may take such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, " such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligation of the contract and to complete the work contemplated therein. In addition, the Contractor covenants that he is registered and licensed as required by � ► the laws of the State of Washington. 15. QUALIFICATIONS OF SUBCONTRACTORS „ The Owner reserves the right to approve or reject the subcontractors identified in the Bid Forms, after bid opening, providing the Contractor has the right to decide not to enter into the contract if the Owner so exercises the right to disqualify a subcontractor. ow 16. SECURITY FOR FAITHFUL PERFORMANCE Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds, as required by RCW 39.08.010, as security for faithful performance to of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be duly 1W authorized by a surety company satisfactory to the Owner. to 2004-146aa 00200 PAGE 5 to COULON BEACH PARK GANGWAY IMPROVEMENTS INSTRUCTIONS TO BIDDERS SECTION 00200 17. CITY OF RENTON It should be noted that the City of Renton as project Owner is distinct in dealings and responsibilities from the City of Renton as building official and regulatory agency regarding compliance with existing ordinances, etc. 18. EQUAL OPPORTUNITY EMPLOYER The City of Renton is an Equal Opportunity Employer. END OF SECTION x a .�r 2004-146aa 00200 PAGE 6 it COULON BEACH PARK GANGWAY IMPROVEMENTS BID FORM SECTION 00310 'err FORM OF PROPOSAL ( BID ) for the COULON BEACH PARK GANGWAY IMPROVEMENTS 1201 Lake Washington Blvd. North Renton, Washington Bids Due: 2:30 P.M., Tuesday, September 14, 2004 r To: Renton City Hall City Clerk, Seventh Floor 1055 South Grady Way Renton, WA 98055 The undersigned hereby certifies that they have carefully examined the Contract Documents as defined in the General Conditions entitled "Coulon Beach Park Gangway Improvements," Renton, WA and have examined the site of the work and the locations where said work is to be done, and fully understands the manner in which payment is proposed to be made for the cost thereof, hereby proposes to furnish all materials/equipment and to perform all labor that may be required to complete said work within the time fixed, and upon the terms and conditions provided in said Contract Documents for consideration of the following amounts. The following breakdown of the Total Bid Amount is to be given. The price breakdown shall be fairly apportioned to the various parts of the work and shall meet with the Owner's approval. If so requested by the Owner, the successful bidder shall substantiate any price or prices with additional detailed price breakdown. Any discrepancy between the written Total Bid Amount aw stated in the preceding TOTAL BID AMOUNT and the arithmetic total of the components hereinafter set forth, shall be grounds for rejection of the bid. I�r 2004-146aa 00310 PAGE 1 Yr COULON BEACH PARK GANGWAY IMPROVEMENTS BID FORM SECTION 00310 A. BASE BID SCHEDULE ITEM APPROX. NAME OF PAY ITEM WITH UNIT AMOUNT(inc.WSST) NO. QUANTITY BID PRICE WRITTEN IN WORDS DOLLARS CENTS 1 ALL REQ'D Area 1: Lump Sum 2 ALL REQ'D Area 2: Lump Sum 3 ALL REQ'D Area 3: Lump Sum 4 ALL REQ'D Area 4: Lump Sum TOTAL AMOUNT OF BASE BID TOTAL BID AMOUNT IN WORDS B. DEDUCTIVE BID SCHEDULE ITEM APPROX. NAME OF PAY ITEM WITH UNIT AMOUNT(inc.WSST) NO. QUANTITY BID PRICE WRITTEN IN WORDS DOLLARS CENTS A ALL REQ'D Area 1: Lump Sum B ALL REQ'D Area 2: Lump Sum C ALL REQ'D Area 3: Lump Sum D ALL REQ'D Area 4: Lump Sum 2004-146aa 00310 PAGE 2 riw COULON BEACH PARK GANGWAY IMPROVEMENTS BID FORM SECTION 00310 C. PRINCIPAL SUBCONTRACTORS: The undersigned proposes to use the following subcontractors to complete the work as shown on the drawings and described in the specifications. r FIRM TASK VALUE OF WORK D. CONDITIONS OF PROPOSAL: DETERMINATION OF THE LOW BIDDER: The owner reserves the right to "Award a Contract"to the Contractor submitting the lowest bid within the funds available for work included in the Total Base Bid and in whatever manner is in the Owner's best interest. E. PERIOD OF BID VALIDITY/ACCEPTANCE OF BID iW 1. BID VALIDITY The undersigned hereby agrees that this BID as described in paragraph "A"shall be valid and firm offerings for the period of forty-five (45) days from closing time for the "Receipt Of Bids." 2. BID ACCEPTANCE Acceptance of Bid: Within forty-five (45) days after the opening of Form Of Proposal, the City will act either to accept the Proposal from the lowest responsive, responsible Bidder, or to reject all Bids. The City reserves the right to request extensions of such Bid acceptance period. The acceptance of a Bid will be evidenced by a written Notice of Intent to Award Contract to the Bidder whose Bid is under consideration for acceptance, together with a request to furnish a bond, evidence of insurance to execute the agreement set forth in the Contract Documents, and other designated documents. F. EXECUTION OF CONTRACT 1. If written "Notice of Intent to Award Contract" is mailed, telegraphed, facsimile, or delivered to the undersigned within the "period of Bid Validity" noted above, or any time thereafter before this Bid is withdrawn, the undersigned will, within ten (10) days after the date of such notification, execute a Contract in the form of the AIA Document A101 "STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR-STIPULATED SUM", 1997 edition. Yrr 2004-146aa 00310 PAGE 3 �r COULON BEACH PARK GANGWAY IMPROVEMENTS BID FORM SECTION 00310 2. If the business is a Corporation, name of the corporation should be listed in full and both President and Secretary must sign the contract, OR if one signature is permitted by Corporation by-laws, a copy of the by-laws shall be furnished to the City and made a part of the contract document. If the business is a partnership, full name of each partner should be listed, followed by d/b/a (doing business as) and firm or trade name; any one partner may sign the contract. If business is an Individual Proprietorship, the name of the owner should appear, followed by d/b/a and the name of company. G. TIME FOR COMPLETION The undersigned hereby agrees to "FINAL COMPLETION" of all Work outlined in the Contract Documents within one hundred (100) calendar days after receipt of Notice to Proceed. H. LIQUIDATED DAMAGES If the Contractor fails to complete the Work by the FINAL COMPLETION DATE (or such extension of that date which might be granted by the Owner), he agrees to abide by all provisions of the Contract including Section 01700— Project Administration and Closeout. In addition, Liquidated Damages in the amount of Fifty Dollars ($ 50.00)will be assessed for each calendar day that the Contractor exceeds the "FINAL COMPLETION DATE." 1. ADDENDUM RECEIPT Receipt of the following "ADDENDA"to the CONTRACT DOCUMENTS is acknowledged: Addendum No. Date Addendum No. Date Addendum No. Date 2004-146aa 00310 PAGE 4 COULON BEACH PARK GANGWAY IMPROVEMENTS BID FORM SECTION 00310 J. EXECUTION OF PROPOSAL Name of Firm r State License Registration No. r 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. NOTE: If a Bidder is a corporation, write state of incorporation; and if a partnership, give full names and addresses of all partners below: it The undersigned certifies that the above is a firm and valid BID to accomplish all Work and comply with all requirements of the Contract Documents. Date Signature Signed Printed Title K. ENCLOSURES PROVIDED BY CONTRACTOR The Contractor shall provide the following enclosure with this Form of Proposal: rr► 1. Non-Collusion Affidavit (located in this Specification Section 00400). 2. Assignment of Antitrust Claims To Purchaser (located in this Specification Section 00400). 3. Minimum Wage Affidavit Form, (located in this Specification Section 00400). 4. Statement of Bidder's Qualifications (located in this Specification Section 00420). 5. Bid Bond Form (located in this Specification Section 00500). END OF BID FORM 2004-146aa 00310 PAGE 5 riw it COULON BEACH PARK GANGWAY IMPROVEMENTS NON-COLLUSION AFFADAVIT/MINIMUM WAGE FORM SECTION 00400 NON-COLLUSION AFFIDAVIT Being duly swom,deposes and says,that he is the identical person who submitted the forgoing proposal or bid,and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named,and further,that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid,or any other person or corporation to refrain from bidding,and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over the other Bidder or Bidders. ' AND CERTIFICATION RE:ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually bome by the purchaser. Therefor,vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract,except as to overcharges to resulting from anti-trust violations commencing after the date of the bid,quotation,or other event establishing the price under this order or contract. In addition,vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser,subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I,the undersigned,having been duly swom,deposed,say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer,workman,or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract:that I have read the above and foregoing statement and certificate,know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: NON-COLLUSION AFFIDAVIT,ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT: COULON BEACH PARK GANGWAY IMPROVEMENTS Name of Bidder's Firm Signature of Authorized Representative of Bidder Subscribed and swom to before me on this day of 2004. Notary Public in and for the State of Washington Residing at: 1W END OF SECTION 2004-146aa 00400 PAGE 1 4 irr COULON BEACH PARK GANGWAY IMPROVEMENTS STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 STATEMENT OF BIDDERS QUALIFICATIONS Name of Contractor........................................................................................................................................... Address: ........................................................................................................................................... ........................................................................................................................................................... PhoneNumber: ................................................. Fax: ................................................. Washington State Department of Labor and Industries Workmen's Compensation Account No.: ........................................................................................................................................................... Washington State Department of Licenses Contractor's Registration No..................................................................................................................................................... +tr Expiration Date: ......................... Number of years the contractor has been engaged in the construction business under the present firm name indicated:................................................. Gross dollar amount of work under contract: ................................................................................ Gross dollar amount of contracts not completed: .......................................................................... Type of work generally performed by contractor: ......................................................................... ............................................................................................................................................................ ryr List of five public projects of a similar nature which have been completed by the contractor within the last five years and the gross dollar amount of each project: Bid Contact& Year Project Name Agency Phone No. Completed Amount j1r► .................................... ....................................... ............................... ................. ................... .:. .................................... ....................................... ................................ ................. ................... irw .................................... ....................................... ................................ ................. ................... ............................... ....................................... ................................ ................... `i .................................... ....................................... ................................ ................. ................... 2004-146aa 00420 PAGE 1 COULON BEACH PARK GANGWAY IMPROVEMENTS STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 ri List of major pieces of equipment which are owned by the Contractor and which will be available and required for use on this project: ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... w BankReferences:............................................................................................................................... .......................................................................................................................................................... Have you changed bonding companies within the last three years................................................... Ifso,why? (Optional): ................................................................................................................... .......................................................................................................................................................... Have you ever sued or been sued by the client on any public works contract for a special district, municipality, county, or state government? ..................................................................................... Who? ............................................................................................................................................... Forwhat reason: .............................................................................................................................. ........................................................................................................................................................... i ........................................................................................................................................................... Disposition of case, if settled: ............................................................................................................ ............................................................ ................................................................................... Name of Superintendent to be used on the project and how long with your company:..................... Bidder: ............................................................................................. (Printed Name of Bidder) By: ................................................................................................ (Signature of Authorized Official) Title: ................................................................................................ END OF SECTION 2004-146aa 00420 PAGE 2 COULON BEACH PARK GANGWAY IMPROVEMENTS BID BOND FORM SECTION 00500 Herewith find deposit in the form of a certified check, cashier's check, cash, or bid bond in the amount of$ , which amount is not less than five percent of the total bid. Sign here: to Know All Men by These Presents: That we, as Principal, and as Surety, are held and firmly bound until the City of Renton, as Obligee, in the penal sum of Dollars, for the payment of err which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the +wr Obligee; or if the Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and r„r void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS DAY OF , 20_ Principal Surety Received return of deposit in the sum of$ err END OF SECTION 2004-146aa 00500 __ PAGE 1 COULON BEACH PARK GANGWAY IMPROVEMENTS GENERAL CONDITIONS SECTION 00705 No 1. GENERAL CONDITIONS OF THE CONTRACT A. STANDARD FORM The General Conditions of the Contract for Construction, AIA Document A201 as referenced and as follows, Articles 1 through 14 inclusive. They are included as part of the contract. The Contractor and all subcontractors shall read and be governed by them, with enclosed "Modifications to General Conditions" in Section 00810. END OF SECTION "GENERAL CONDITIONS of the CONTRACT for CONSTRUCTION," PAGES 1-39 FOLLOW THIS SECTION 2004-146aa 00705 PAGE 1 �rfr SwAIA Document A201 1997 en ral Conditions of the Contract for Construction forthe following PROJECT: (Name and location or address): tilt' THE OWNER (Name and tress) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion.The author may also have revised the text of the TWA original AIA standard form.An (Nome and address):, Additions and Deletions Report that notes added information as err well as revisions to the standard form text is available from the author and should be reviewed. TABLE OF ARTICLES A vertical line in the left margin of this document indicates where 1 GENERAL I'CtOVISIONS the author has added necessary information and where the author 2 OWNER has added to or deleted from the original AIA text. 3 CONTRACTOR This document has important legal consequences. 4.; ADMINISTRATION,bF THE CONTRACT Consultation with an attorney VAN is encouraged with respect to S SUBCONTRACTORS its completion or modification. 6, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS This document has been r approved and endorsed by The Associated General Contractors 7 CHANGES IN THE',VIIQRK of America S TIME 9 PAYMENTS AND COMPLETION '10 PROTECTION dF PERSONS AND PROPERTY 11, INSURANCEAND BONDS rill 12 UNCOVERING AND CORRECTION OF WORK 13, „ _ MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT rr AIA Document A201=—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. yYir Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) VON INDEX 3.1.3,4.2,4.3.4,4.4,9.4,9.5 (Numbers and Topics in Bold are Section Headings) Architect's Approvals 2.4,3.1.3,3.5.1,3.10.2,4.2.7 A+eceptarice of Nonconforming Work Architect's Authority to Reject Work 12.3 3.5.1,4.2.6, 12.1.2, 12.2.1 Acceptance of Work Architect's Copyright 9.6:6;9.8.2,9.9.3,9.10.1,9.10.3, 12.3 1.6 Access to Work Architect's Decisions 3.16,6.2.1,12..1 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, Accident Prevention 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, 4:2.3,10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Acts and Omisstons Architect's Inspections 32;332x3128 311 ``4'i.3 4.2.2,4.2.9,4.3.4,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 951, 101;2,45,,33.4.4430, 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.L,3 1 Architect's Interpretations Addtttanal hosts,Clanns for 4.2.11,4.2.12,4.3.6 4;,4 5, Architect's Project Representative Adthttonal Inspections and:`)'esting 4.2.10 4.83,12.23'i`13`5 Architect's Relationship with Contractor Additional Time,Claimsfor 1.1.2, 1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1, 4 3:4 4 3 7 8 3, 3.7.3,3.10,3.11,3.12,3.16,3.18,4.1.2,4.1.3,4.2, 11111 ADM INS TRATION OF HE CONTRACT 4.3,4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4, 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, Advertisement or It on to,Bid 13.4.2, 13.5 - 1 11 Architect's Relationship with Subcontractors Aesthettc Effect 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.4.7 41 13 S I Architect's Representations Ailo'wances 9.4.2,9.5.1,9.10.1 J,8 Architect's Site Visits ' All`-rislt 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:$;92,9:3,94;9.5.1,9.6.3;9.7.1,9.8.5, 10.3.1 9 10;11.1:3,14' 'A 14.4.3 Attorneys'Fees Apprfr vals 3.18.1,9.10.2, 10.3.3 24,3.1.3,3.5,-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 `43.3,4.4,4.5.1,4.5.2,4.6,8.3.1,0.1, 11.4.9, Award of Subcontracts and Other Contracts for 11:4.10; Portions of the Work a Architect 5.2 4.1 Basic Definitions Architect,-Definition of 1.1 4.1.1 Bidding Requirements Architect;Extent gf Authority 1.1.1, 1.1.7,5.2.1, 11.5.1 2.4,'`3.12.7,4.2;4:3.6;44,5.2,6.3,7.1.2,7.3.6,7.4, Boiler and Machinery Insurance 9.2,9.3.1,9.4,9.5,9.8.3,9.10.1, 9.10.3, 12.1, 12.2.1, 11.4.2 13.5.1, 13.5.2, 14.2.2, 14.2.4 Bonds,Lien Architect;'Limitations of Authority and 9.10.2 Responsibility Bonds,Performance,and Payment 2.1.1,:3.3.3„3.12.4,3.12.8,3.12.10,4.1.2,4.2.1, 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,4.4, Building Permit 5.2.1,7.4,9.4.2,9.6.4,9.6.6 3.7.1 Architect's Additional Services and Expenses Capitalization 2.4, 11.4.1.1,12.2.1, 13.5.2, 13.5.3, 14.2.4 1.3 Architect's Administration of the Contract Certificate of Substantial Completion AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA°Document,or any portion of it may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) do 1tr 9.8.3,9.8.4,9.8.5 1.6.1,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6.4, Certificates for Payment 4.6.6,9.6.4, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, ' `42'.5412.9 9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 13.5.2, 13.6, 14.1.19 14.2.1.3 rr 9,10:3,13.7, 14.1.1.3, 14.2.4 Concealed or Unknown Conditions C of Inspection,Testing or Approval 4.3.4,8.3.1, 10.3 13.5.4,. Conditions of the Contract Ccates of Insurance 1.1.1, 1.1.7,6.1.1,6.1.4 ►' 9:10:2, 11.1.3 Consent,Written Change Orders 1.6,3.4.29 3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.29 "1.-11,2.4.1,3!4.2,3.8:2.3,;3.11.1,3.12.8,4.2.8,4.3.4, 9.8.5,9.9.1,9.10.2,9.10.39 11.4.1, 13.2, 13.4.2 4 39,5 2.3,;7;1,7.2,"7;3,8.3.1,9.3.1.1,9.10.3, CONSTRUCTION BY OWNER OR BY lw 114.1 2, 11 A 11.4.9,12J.2 SEPARATE CONTRACTORS Change Orders;Definition of 1.1.4,6 Construction Change Directive,Definition of r* CHANGES"'IN THE°`WORK 7.3.1 311,4'i"8'7„'$51-9 3.1.1,41.4.9 Construction Change Directives Clai i,Defint�tion of. 1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 4 31 Construction Schedules,Contractor's tiitr Claijina'and Disputes 1.4.1.2,3.10,3.12.1,3.12.29 4.3.7.2,6.1.3 313~ ;':4:3,4.4 4.5;4.6,6 Ij 6.3,7.3.8,9.3.3,9.10.4, Contingent Assignment of Subcontracts 5.4,14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance 4.6.5” 4.3.3 Claims foi Addttional Cost" Contract,Definition of 3~2.3;;4 3 4 4: 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, 6.2.5,3.14 11.1.1, 11.4.7, 14.1,14.2.1.1, Damage to Construction of Owner or Separate Contrattor's Liability Insurance Contractors 11; 3.14.2,6.2.4,9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, Contractor's Relationship with Separate Contractors 11.4, 12.2.4 and Owner's Forces Damage to the Work 11-.5,3.14.2,4.2.4,6, 11.4.7, 12.1.2, 12.2.4 3.14.2,9.9.1, 10.2.1.2, 10.2.5,10.6, 11.4, 12.2.4 Contractor's Relationship with Subcontractors Damages,Claims for 1.2:2,3.3.2,3.18.1,3.18,2,5,9.6.2,9.6.7,9.10.2, 3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 1,1.4.1.2, 11.43, 11.41, ` ; 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 Contractor'sRelafionshi*ith the Architect Damages for Delay 1.1.2,1.6,3'.I;'3.3.2.,1,3.1.2,3.2.3,3.3.1,3.4.2,3.5.1, 6.1.1,8.3.3,9.5.1.6,9.7,10.3.2 3.10,`3:11,3.12,3.16,3.18, 4.1.2,4.1.3,4.2, Date of Commencement of the Work,Definition of 4:3,4,4 4: ,4,.47,S 2,62.2,7,8.3.1,9.2,9.3,9.4, 8.1.2 9.5 9.7,4 9,9 9, 10.2.6,'l 0.1,11.3,11.4.7, 12, Date of Substantial Completion,Definition of 13.4.2,13.5 8.1.3 Contractor's Representations , Day,Definition of x.5.2,3.5.1;3.12'.`6,,`6.2.2,,8.2' ,:x.2.2,8.2.1;9.3.3,9.8.2 8.1.4 ractor's Responsibili ty for Those Performing the Cont Decisions of the Architect Work. 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, 3.3:2;`3.18,'4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, 10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Contractor*'s Review of Contract Documents Decisions to Withhold Certification 1-5'-2,3.2,333 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, tlt 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 1,5.2.1,5.2.3,7.3.6,9.2,9.3, 3.5.1 9.82,9.8;3,99.1,9.10.2,9.10.3, 11.1.3, 11.5.2 Definitions Contractor's;Supenntendent 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 3.93 10.2.6 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1, 9.1,9.8.1 Contractor's Supervision and Constntction Delays and Extensions of Time Procedures` 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 61.4,7.1.3,7.3.4,73'.6,82,10,12,14 Disputes Contractual Liability Insurance., 4.1.4,4.3,4.4,4.5,4.6,6.3,7.3.8 Will, 11.1.1.8,11.2,11.3 Documents and Samples at the Site Coordination and Correlation 3.11 1.2,1.5.2,3.3.1,3.1.0,3.12,6,6,1.3,6.2.1 Drawings,Definition of Copies Furnished of Drawings`and Specifications 1.1.5 1111 1.6,2.2.5,3.11 Drawings and Specifications,Use and Ownership of Copyrights 1.1.1, 1.3,2.2.5,3.11,5.3 16,3.17 Effective Date of Insurance Correction of Work 8.2.2, 11.1.2 2.3,2.4,3.7.4,4.2.1 9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2, Emergencies 12.2, 13.7.1.3 4.3.5,10.6, 14.1.1.2 Correlation and Intent of the Contract Documents Employees,Contractor's 1.2 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, Cost,Definition of 11.1.1, 11.4.7, 14.1, 14.2.1.1 7.3,6 Equipment,Labor,Materials and Costs 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, 2.4,3.2.3,3.7.4,3.8.2,3.15.2,4.3,5.4.2,6.1.1,6.2.3, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, 7.3.3.3,7.3.6,7.3.7,7.3.8,9.10.2, 10.3.2, 10.5, 11.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 11.4, 12.1, 12.2.1, 12.2.4, 13.5, 14 Execution and Progress of the Work Cutting and Patching AIA Document A201 TM—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This A ®Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/1812004 under Order t No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) to Irr 1.1.3,1.2.1, 1.2.2,2.2.3,2.2.5,3.1,3.3,3.4,3.5,3.7, Insurance,Project Management Protective 3.10,3.12,3.14,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3,7.3.4, Liability $2, 9.1, 10.2, 10.3, 12.2, 14.2, 14.3 11.3 !ter Exteiisicins of Time Insurance,Property 3.2.E„4;3;1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3,7.4.1, 10.2.5,11.4 9 Sr1.9 7.1, 10.3.2,10.6.1, 14.3.2 Insurance,Stored Materials Failure of Payment 9.3.2, 11.4.1.4 tlllr 9.5.1.3,9.7,9.10.2, 14.1.1.3,14.2.1.2, 13.6 INSURANCE AND BONDS Faulty Work 11 ($ee Defective or Nonconforming Work) Insurance Companies,Consent to Partial Occupancy Final Completion and Final Payment 9.9.1, 11.4.1.5 VW 4:2:_1,4.2.9,4,3, 2,98,,1,'0,,10 11.1.2, 11.1.3, 11.4.1, Insurance Companies,Settlement with 114.5 12, ;13.7, 14.2.4, 14.4.3 11.4.10 Fritancial Arrangendents "Owner's Intent of the Contract Documents 1.2.1,4.2.7,4.2.12,4.2.13,7.4 Fire!and E>itended'Coverage Insurance Interest 11:4 13.6 GENE,RAZ<PROVISIONS Interpretation 1.2.3,1.4,4.1.1,4.3.1,5.1,6.1.2,8.1.4 Goveicning Law Interpretations,Written 131. : 4.2.11,4.2.12,4.3.6 Guarantees(fee Warranty) Joinder and Consolidation of Claims Required wr Hazardous Materials 4.6.4 10.2.4,10.3, 10.5 Judgment on Final Award Identification,of Contract Documents 4.6.6 Labor and Materials,Equipment Identification of Subcontractors and Suppliers 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, 5 2 1 42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, Indemuifition 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 3'17*3.1 ;9 10 2s1Q.3.3, 1`0.5, 11.4.1.2, 11.4.7 Labor Disputes "► Information and Services Required of the Owner 8.3.1 2.1.2;23,3 21,3 12:4,,3.12.10,4.2.7,4.3,3,6.1.3, Laws and Regulations 6.1.41 6.2.5;9.3.l 9,6:1;9.6.4,9.9.2,9:10.3, 10.3.3, 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, 11.2,11'.4,,13.5.1, 13.5.2, 14.1.1,4,14.1.4 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, Injurq orl7amage to Person or'Property 13.5.2, 13.6, 14 431i,;1021416 Liens Inspections 2.1.2,4.4.8,8.2.2,9.3.3,9.10 4W 3.1:3,,3:3.3,3:7.1,4.2.2,4.16,4.2.9,9!.42,9.8.2, Limitation on Consolidation or Joinder 9 8..3; 9.10.1, 12!.2.1,13,5 4.6.4 Instructions to Bidders Limitations,Statutes of 1Y1 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 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.10,3.17,3.18, Insurance 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4, 9.6.7,9.10.4, 318.1,61 lf`7 3:6r 8,2.1,9.3.2,9.8.4,9.9.1,9.10.2, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 9.10.5, 11° Limitations of Time Insurance,Boller,and Machinery 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 11.4.2 4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.4,7.3,7.4, Insuran5 Contractor's Liability 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, 11 1 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, Insurance,Effective Date of 13.7,14 8 2;2,=1112 Loss of Use Insurance Insurance,Loss of Use 11.43 11.4.3 Material Suppliers Insurance,Owner's Liability 1.6,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 11.2 Materials,Hazardous rrr 10.2.4, 10.3, 10.5 AIA Document A201*m—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA•Document Is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be low prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) to Materials,Labor,Equipment and 1.6,2.1.1,2.3,2.4,3.4.2,3.8.1,3.12.10,3.14.2,4.1.2, 1.1.3, 1.1.6, 1.6.1,3.4,3.5.1,3.8.2,3.8.23,3.12,3.13, 4.1.3,4.2.4,4.2.9,4.3.6,4.4.7, 5.2.1,5.2.4,5.4.1, 3"15 1,4.2.6,4.2.7,5.2.1,6.2.1, 7.3.6,9.3.2,9.3.3, 6.1,6.3,7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2,9.5.1, 9. 3 930.2, 10.2.1,10.2.4, 14.2.1.2 9.9.1,9.10.2, 10.3.2, 11.1.3, 11.3.1,11.4.3, 11.4.10, :Means,Methods,Techniques,Sequences and 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Procedures of Construction Owner's Financial Capability 3.34,4'12, .10,4.2.2,4.2.7,9.4.2 2.2.1, 13.2.2, 14.1.1.5 Mechanic's Lien Owner's Liability Insurance 4.4:8 11.2 Mediation Owner's Loss of Use Insurance 4.43,4.4.5,;4:4.6,4 4 8,x4.5,4.6.1,4.6.2,8.3.1, 10.5 11.4.3 Minor Changes;in toe Work Owner's Relationship with Subcontractors 1 1a;1,3.124;"`4.2.8,4 3 6;°7.1,7.4 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 1VIISCELLAN)v0 E'ROYISIONS Owner's Right to Carry Out the Work 2.4,12.2.4.14.2.2.2 sic Modifications,Demotion of. Owner's Right to Clean Up L •1 6.3 Modifications to thContract Owner's Right to Perform Construction and to .1.1A;J':1.2;3.7.3,;"3 I1;4.1.2,4.2.1,5.2.3,7,8.3.1, Award Separate Contracts -9.7,10.12, 11.4.1 6.1 Mutual Responsibility "` Owner's Right to Stop the Work 61, � 2.3 Nonconforming Work,Acceptance of Owner's Right to Suspend the Work t 9.6:6,9.9.3;12.3 14.3 Nonconforming Work,Rejection and Correction of Owner's Right to Terminate the Contract 2.3 2 4 3.5.1,4.2.6,'6.2.5,9.5.1,9.8.2,9.9.3,9.10.4, 14.2 "12", 13.7.1.3 ' _ Ownership and Use of Drawings,Specifications Notxee and Other Instruments of Service 2.21,=2:3,2.4,3.2.x,331,: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 6.5,5.2.1,8 2 2;9.7,9.10, 10.2.2, 11.1.3, Partial Occupancy or Use 11.46;12.22 12.2.4, 133,13.5.1, 13.5.2, 14.1, 14.2 9.6.6,9.9, 11.4.1.5 Notice;Written Patching,Cutting and 2,3 2.4,3.1.1;3.90-'.12.9,3 12 10,:4 3 4.4.8,4.6.5, 3.14,6.2.5 52 9.10;10.2.2, 10.3,;°-11:1:3, 11.4.6, Patents 12:2.2,12.24,"13:3;14•" 3.17 Notice of Testing.and-Inspections Payment,Applications for 13:5:1,,13.5.2 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, No 'to Proceed 9.10.1,9.10.3,9.10.5, 11.1.3, 14.2.4, 14.4.3y 8.2.2 Payment,Certificates for Notices,Permits,Fees and 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 27-211'3.7,3.13,7.3.6.4,,, 10.2.2 9.10.3, 13.7, 14.1.1.3, 14.2.4 Observations,Contractor's!" Payment,Failure of uW 4.3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Occupancy, Payment,Final 2.2.2,9.6.6,9.8,11.43.5 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 Z 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,Into on and Services Required of the Payments to Subcontractors 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 11.4.8, 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 14.2.1.2 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 PCB Owner's Authority 10.3.1 AIA Document A201Tu—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. AIR rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) �r Performance Bond and Payment Bond Review of Contractor's Submittals by Owner and 7.3.6.4,9.6.7,9.10.3, 11.4.9,11.5 Architect Permits;Fees and Notices 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 2;2,2;3.7,"3.13,7.3.6.4, 10.2.2 Review of Shop Drawings,Product Data and --PERSONS AND PROPERTY,PROTECTION Samples by Contractor OF 3.12 10" Rights and Remedies +w 1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6,4.3.4,4.5,4.6,5.3, ,Polychlorinated Biphenyl 5.4,6.1,6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 10.3.1 12.2.2, 12.2.4,13.4, 14 ,Product Data,Definition of Royalties,Patents and Copyrights trrr 112.2 3.17 Or,duct Data'and Samples,Shop Drawings Rules and Notices for Arbitration 3:11,3.12:4 23 4.6.2 Progress n>Itd Completion Safety of Persons and Property 4."2:2,4 3 ,82,9.8,9 9 1 14;1.4 10.2,10.6 Q. Progress Payments "'; Safety Precautions and Programs 43.3;93,96,985;9103,.13.6, 14.2.3 3.3.1,4.2.2,4.2.7,5.3.1,10.1, 10.2, 10.6 Prciject,Definition of the' Samples,Definition of 1:1:4 3.12.3 Project Management Protective Liability Samples,Shop Drawings,Product Data and Insurance 3.11,3.12,4.2.7 Iw 11.3"' Samples at the Site,Documents and Project Manual,Definition,of the 3.11 1,1.Z Schedule of Values Project Manuals 9.2,9.3.1 2.2.5: Schedules, Project Replesentatives 1.4.1.2,3.10,3.Constructionl2.1,3.12.2,4.3.7.2, 4:2aq 6.1.3 Property Insurance Separate Contracts and Contractors 10;2:5;41.4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1, pItOTECTION OF PERSONS AND PROPERTY 11.4.7, 12.1.2, 12.2.5 ><0:. Shop Drawings,Definition of Regulations and Laws' 3.12.1 1.6,3.2.2,3,6;;3.7,.3.12.10,3.13,4.1:1,4.4.8,4.6, Shop Drawings,Product Data and Samples 9,6.4,9.9.1, 1d 2;2;11.1, 11.4, 13.1, 13.4, 13.5.1, 3.11,3.12,4.2.7 13.5.2,13.6, 14 Site,Use of tarty Rejection of Work 3.13,6.1.1,6.2.1 3.5.1,4.2.6, 12.2.1 Site Inspections Releases and Waivers of Liens 1.2.2,3.2.1,3.3.3,3.7.1,4.2,4.3.4,9.4.2,9.10.1, 13.5 9.10,2 Site Visits,Architect's irr Representations 4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 1.5.2,3.5.1,3.12.6,6.2.2,8.2,1,93.3,9.4.2,9.5.1, Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Representatives,,,, Specifications,Definition of the 233,3.1.1,'3,.9,4.1.1,4.2.1,4.2.10,5.1.1,5.1.2, 1.1.6 13;2.1 Specifications,The Resolution of Claims and Disputes 1.1.1,1.1.6, 1.1.7, 1.2.2, 1.6,3.11,3.12.10,3.17 4.4,45,;4,6 Statute of Limitations Responsibility,for Those Performing the Work 4.6.3, 12.2.6, 13.7 3 8,4,2.31 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 lletainage 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 Irlr 1.5.2,3.2,3.7.3,3.12.7,6.1.3 SUBCONTRACTORS AIA Document A201TN—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA•Document Is protected by U.S.Copyright Law and International Treaties. 7 ISO Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) v 5 TERMINATION OR SUSPENSION OF THE Subcontractors,Work by CONTRACT 12.2, 3,.3_;2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2, 14 9 63 Tests and Inspections in contractual Relations 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 5.3,,,,$,.4,9.3.1.2,9.6,9.10 10.2.1,11.4.7,11.4.8,14.1, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5 14.2:1;14.3.2 TIME Submittals 8 L6 3.10,3.11,3.12,423,5.2.1,5.2.3,7.3.6,9.2, Time,Delays and Extensions of 93 9.8,9.9.1 ;9-10.2,41-' .10.2 9 X03, 11.1.3 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, Subrogation,,Waivers of, 8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 s 11.4.5,11".4,7 ;' Time Limits Substantial Completion 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 4.2.9 8.1183 $ 3,9.42,9.8,9.9.1,9.10.3, 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4, 6.2.4,7.3,7.4, 4"1b42,122,137 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, Sub stantial'CompletiollY;Definition of 9.10, 11.1.3, 11.4.1.5, 11.4.6,11.4.10, 12.2, 13.5, fill 9.8.1 13.7,14 Substttutio' of Subcontractors Time Limits on Claims 5.23,524 ` 4.3.2,4.3.4,4.3.8,4.4,4.5,4.6 Substitution of Archite6t Title to Work 4.1:3""� 9.3.29 9.3.3 Substitutions of Materials UNCOVERING AND CORRECTION OF 3 42,3.5.1,73 7" " ' " WORK ctrl suu-subcontractor,DefutiltiRtt of 12 5.1.2 Uncovering of Work Subsurface Conditions'. 12.1 n 4.3.41 Unforeseen Conditions to Successors and Ass>Igns� g' 4.3.4,8.3.1, 103 132, Unit Prices 5upenntendent" 43.9,73.32 3.9;10."A k r Use of Documents Supex on and."Construction Procedures 1.1.1, 1.6,2.2.5,3.12.6,5.3 1:2.2,3.3,3 4,312110, .294.2''7,,4.3",3'6.1.3, Use of Site 6:2':4 � 1.3 7 3 6,8.2;"83.1,9 4,2,10 ""12, 14 3.13,6.1.1,6.2.1 Surety, Values,Schedule of 4:x 3,5.4.1;2,%83i 14.2.2 9.2,9.3.1 Surety,Consent"of Waiver of Claims by the Architect 9.10;2;9.14.3 13.42 pit Surveys Waiver of Claims by the Contractor 2.213 4.3.10,9.10.5, 11.4.7, 13.4.2 Suspension by the Owner for Convenience Waiver of Claims by the Owner 14.4 4.3.10,9.9.3,9.10.3,9.10.4, 11.4.3, 11.4.5, 11.4.7, fill Suspension of the Work- 12.2.2.19 13.4.2, 14.2.4 5.4.2, 14.3. Waiver of Consequential Damages Suspension or Termination of the Contract 4.3.10,14.2.4 43,.6,5.4.11, 11.4";9,I4 Waiver of Liens Taxes 9.102,9.10.4 3.6,3.8.2.1,7.3.6.4 Waivers of Subrogation Termination by the Contractor 6.1.1, 11.4.5,11.4.7 4,3.10,14. Warranty Termination by the Owner for Cause 3.5,4.2.9,4.3.5.3,9.3.3,9.8.4,9.9.1,9.10.4,12.2.2, 4:3.10,5.4.1.1,14.2 13.7.1.3 Termination of the Architect Weather Delays 4.1.3 4.3.7.2 Termination of the Contractor Work,Definition of 14.2.2 1.1.3 Written Consent AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 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. 8 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08118/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) rrI■ 4W 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,4.6.5, 9.8.151,19,*'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, . Wntte>it Interpretations 12.2.2, 12.2.4,13.3, 14 M 42 A,42.12,43.6 Written Orders WAtten,'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 tlr f; � t s tlw M ; tttr r AIA Document A201TM—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document Is protected by U.S.Copyright Law and international Treaties. 9 Unauthorized reproduction or distribution of this Ale Document or any portion of it,may result in severe civil and criminal penalties,and will be lift prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/1812004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) to ARTICLE 1 GENERAL PROVISIONS §1.1 BASIC DEFINITIONS §1.11 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor(hereinafter the Agreement), Condttioi s of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a y' Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by thp,Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include other `documents such as bidding requirements(advertisement or invitation to bid,Instructions to Bidders,sample forms, the Contractor's bid or,portions of Addenda relating to bidding requirements). §1.12 THE CONTRACT The ContraetDocuinents form the Contract for Construction.The Contract represents the entire and integrated agreementbetween thepartes hereto and supersedes prior negotiations,representations or agreements,either written or oral The Cont%•act may be amended or modified only by a Modification.The Contract Documents shall not be construedt 6reafe'a4nitractual relationship of any kind(1)between the Architect and Contractor,(2)between the Otne�r and a Subcontractor or Sub-subcontractor,(3)between the Owner and Architect or(4)between any persons tt ties other: tan the,.Owrier and Contractor.The Architect shall,however,be entitled to performance and enforcement of••o ligations under the Contract intended to facilitate performance of the Architect's duties. §11:3 THE WORK::' The term"Work`"=means the construction and services required by the Contract Documents,whether completed or partially coimplzee and includes all other labor,materials,equipment and services provided or to be provided by the Contract"fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. §1;14 THE PROJECT The Protect 1s 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. 1'15=THE"DRAWINGS ' The Drawings at e:the graphic and pictorial,portions of the Contract Documents showing the design,location and `dimensions of tlse'WW r generally'including plans,elevations,sections,details,schedules and diagrams. §1.1 GTHE SPECIFICATIONS The Speclficattoi are thatportion of the Contract Documents consisting of the written requirements for materials, equipment,,,systems,standards and workmanship for the Work,and performance of related services. §1.17 7HE',PROJECT MANUAL" The Project 1vTanual is a volume assembled for the Work which may include the bidding requirements,sample foam§;Conditions of the Contract and Specifications. io §1:2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS §13.1 The intent.of the Contract Documents is to include all items necessary for the proper execution and Completion,of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as'binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 1,112 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not � Control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by-ony trade. §1.2.3 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 10 Unauthorized reproduction or distribution of this AIA!Document,or any portion of It may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) f� IN aw §1.3 CAPITALIZATION §1.3.1 Terms capitalized in these General Conditions include those which are(1)specifically defined,(2)the titles ofaUUmbered articles or(3)the titles of other documents published by the American Institute of Architects. §1:41NTERPRETATION §141.In the interest of brevity the Contract Documents frequently omit modifying words such as"all"and"any" and attic es such as"the"and"an,"but the fact that a modifier or an article is absent from one statement and appears trr in' ther is not intended to affect the interpretation of either statement. § h5 EXECUTION OF CONTRACT DOCUMENTS The Contract Documents shall be signed by the Owner and Contractor.If either the Owner or Contractor or t both do not,,sigt%all thetbritract Documents,the Architect shall identify such unsigned Documents upon request. �c § t 5 2 Exeeuhon of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal ry ptlservations"With iegturemen[s of the Contract Documents. §1 fi'QWNERSHIP AND US15,01 DRAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE iiw §16a The Dravi<tngs a,Specifications and other documents,including those in electronic form,prepared by the Architect and the Arcl iteces consultants are Instruments of Service through which the Work to be executed by the Contractor, :described:The Contractor may retain one record set.Neither the Contractor nor any Subcontractor, Sub subcontractor or materi al or equipment supplier shall own or claim a copyright in the Drawings,Specifications and,other documents prepared by the Architect or the Architect's consultants,and unless otherwise indicated the Architect and the Architec6 consultants shall be deemed the authors of them and will retain all common law, statutory,and,';other reserved rights,in addition to the copyrights.All copies of Instruments of Service,except the Contractor's record set,s 4i be returned or suitably accounted for to the Architect,on request,upon completion of theory 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 pm,}ccts or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,Architect and the Architect's consultants.The Contractor,Subcontractors,Sub-subcontractors and material or equipment,sutpgliers are:authonzedto use and reproduce applicable portions of the Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under;the Contract Documents.All copies made under this authorization shall bear the statutlry cogyrightnotice,if any;shown on the Drawings,Specifications and other documents prepared by the Architect and the Arch tecN'consultants.Submittal or distribution to meet official regulatory requirements or for other purposes in connection wtth'this Project is not to be construed as publication in derogation of the Architect's irir or M chitect's consultants'copyrights or other reserved rights. ARTICLE 2"'OWNER §A GENERAL §2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Pxcept as'othextvitse„provided in Section 4.2.1,the Architect does not have such authority.The term"Owner”means the Owner or the Owner's authorized representative. §2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request,information necessary;and relevant for the Contractor to evaluate,give notice of or enforce mechanic's lien rights.Such utfotsataori shall.include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. rr §2�INFORMATION AND SERVICES REQUIRED OF THE OWNER §2.2.1 The Owner shall,at the written request of the Contractor,prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract.Furnishing of such evidence shall be a condition precedent to commencement or rrr� AIA Document A201 rm—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. 1 Unauthorized reproduction or distribution of this AIA O Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) continuation of the Work.After such evidence has been furnished,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. §2.2.2,E:xcept for permits and fees,including those required under Section 3.7.1,which are the responsibility of the Contractor under the Contract Documents,the Owner shall secure and pay for necessary approvals,easements, assessments and charges required for construction,use or occupancy of permanent structures or for permanent change`s in existing facilities. §2.2.3 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the.site of the Project,and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information ft6shed by the Owner but shall exercise proper precautions relating to the safe performance of the Work. Ali 4262.4 2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness;Any other information or services relevant to the Contractor's performance of the Work unde 'the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request foac such u�fbrn cation or!services. §22 5 Unless othersviseprovided in the Contract Documents,the Contractor will be furnished,free of charge,such copii�„ eiof Drawings and Project Manuals as are reasonably necessary for execution of the Work- §23 OWNER'S RIGHT TO STOP THE WORK Y §2.31 If the Contractot fails to correct Work which is not in accordance with the requirements of the Contract Irl Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents,the Owner may.issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause fox such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a fluty on°the part of,thc Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to:the,ektent requued:by Section 6.1.3. §2 bWNER'S RIGHT TO CARRY OUT THE WORK § If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and f ithin a seven=day period after receipt of written notice from the Owner to commence and continue convection of'such default opiiegleet with diligence and promptness,the Owner may after such seven-day period give the Con ractor,,asecond written notice to correct such deficiencies within a three-day period.If the Contractor within such tlueeay 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 appropziate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies,including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect or failure.Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect.If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR' §3.1 GENERAL, § 3.1.1 Thos 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. V.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. §,%flThe'Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract lloeumeints either by activities or duties of the Architect in the Architect's administration of the Contract,or by tests, inspections or approvals required or performed by persons other than the Contractor. §3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §3.2.1 Since the Contract Documents are complementary,before starting each portion of the Work,the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 12 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/1812004 under Order No.1000,17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) rr r Work,as well as the information furnished by the Owner pursuant to Section 2.2.3,shall take field measurements of any"existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These'obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,any errors,inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such":form as the Architect may require. t�rr 3.2:2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect,but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design"professional unless otherwise specifically provided in the Contract Documents.The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws,statutes, ordinances,building"Codes;;and rules and regulations,but any nonconformity discovered by or made known to the Contractor shall,be reported promptly to the Architect. §;3.2.3 If"the Contract tru or beheves that additional cost or time is involved because of clarifications or ins ctions ' 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'Conttactor"sliall'''' hake Claims as provided in Sections 4.3.6 and 4.3.7.If the Contractor fails to gerforiri""the obligations of Sections 3.2.1 and 3.2.2,the Contractor shall pay such costs and damages to the Owner as tlt�r would"have been avoided ii'the Contractor had performed such obligations.The Contractor shall not be liable to the Owner or Architect for damages resulting from errors,inconsistencies or omissions in the Contract Documents or for differences be'tween field measurements or conditions and the Contract Documents unless the Contractor recognized such error,inconsistency,omission or difference and knowingly failed to report it to the Architect. §"3:3 SUPERVISIONAND 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 11� and procedures and for coordinating all portions of the Work under the Contract,unless the Contract Documents give Otherspecific,insuiietionsconcermng these matters.If the Contract Documents give specific instructions concerning construction;means,methods,techniques,sequences or procedures,the Contractor shall evaluate the jobsite"safety thereof and;except as stated below,shall be fully and solely responsible for the jobsite safety of such means,methods,techniques,sequences or procedures.If the Contractor determines that such means,methods, techniques,sequences or procedures may;not be safe,the Contractor shall give timely written notice to the Owner and Architect and shall not proceed -with that portion of the Work without further written instructions from the �trr Architect If the Contractor is then instructed to proceed with the required means,methods,techniques,sequences or procedures without acceptance"of changes proposed by the Contractor,the Owner shall be solely responsible for any resulting loss or damage. err §3.3.2 The_Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. §3.3.3 The Contractor shall,be'responsible for inspection of portions of Work already performed to determine that sueh:portions are in proper condition to receive subsequent Work §'3.4 LABOR AND MATERIALS §3:4.1 Unless otherwise,provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. §3.4,2 Tlie;Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order. rr §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. Yr AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 13 trrr 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 possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order N0.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) in §3.5 WARRANTY §3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the Work wi11 be free from defects not inherent in the quality required or permitted,and that the Work will conform to the requirements of the Contract Documents.Work not conforming to these requirements,including substitutions not properly approved and authorized,may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse,modifications not executed by the Contractor,improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. §3:6 TAXES,. §3.6A 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 schedule&to go into effect: §33 PERMITS;FEES AAD NOTICES §3.71 tTnless otherwise ptdVided in the Contract Documents,the Contractor shall secure and pay for the building permit and other pertruts and governmental fees,licenses and inspections necessary for proper execution and completion'oft.Ite Work,-,w 6h are customarily secured after execution of the Contract and which are legally t required when bids are received or negotiations concluded. §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 §3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicabje laws,,statates,I ordinances,building codes,and toles 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,_acid necessary changes shall be accomplished by appropriate Modification. §,3.7 4 If the Contractor performs Work knowing it to be contrary to laws,statutes,ordinances,building codes,and Titles and regltlattons withoutsuch notice to the Architect and Owner,the Contractor shall assume appropriate responsibility toC such Work`and shall bear the costs attributable to correction. -§;L8 ALLOWANCES §3'.8.11he 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, butthe'Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. rrli 618.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; .3 whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. §33;3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. §3.9 SUPERINTENDENT §3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding as if given to the Contractor.Important AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document is protected by U.S.Copyright Law and International Treaties. 14 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order 40 No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) rlr communications shall be confirmed in writing.Other communications shall be similarly confirmed on written request in each case. f"111 CONTRACTOR'S CONSTRUCTION SCHEDULES §"310:1k The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Arc0tect's information a Contractor's construction schedule for the Work.The schedule shall not exceed time limits current"under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the rr Work and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall ,,provide for expeditious and practicable execution of the Work. §3:10 2 The Contractor;shall prepare and keep current,for the Architect's approval,a schedule of submittals which ii"600rdinalid with the Contractor's construction schedule and allows the Architect reasonable time to review �.7 submittals�• §3,10 3 The Gontraetor shall-perform the Work in general accordance with the most recent schedules submitted to the Owner and"Architect §311 DOCUMENTS AN[}SAMPLES AT THE SITE §311 S1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,Specifications, Addenda,C6&46-Orders ""other Modifications,in good order and marked currently to record field changes and selections ztaade during construction,and one record copy of approved Shop Drawings,Product Data,Samples and sunilar required stibii ittals.These shall be available to the Architect and shall be delivered to the Architect for err submittal to"the Owner upon completion of the Work. yx. §3.12 SHOP:DRAWINGS,PRQDUCT DATA AND SAMPLES §.3.121:Shop Drawings ate drawings,diagrams,schedules and other data specially prepared for the Work by the Contractbr"or a Subcontract- igSUb-subcontractor,manufacturer,supplier or distributor to illustrate some portion of the Work. E Product Data,-aree illustrations,standard schedules,performance charts,instructions,brochures,diagrams and otherinformation furtushedby the Contractor to illustrate materials or equipment for some portion of the Work. §3.12.3 Samples are physical examples,which illustrate materials,equipment or workmanship and establish standards by"which the Work will b&judged. §"3:12,4 Shop )**rigs,Product Data,Samples and similar submittals are not Contract Documents.The purpose of their submittal is to demonstrate for"those portions of the Work for which submittals are required by the Contract trit Doeumentsrthe way by which the Contractor proposes to conform to the information given and the design concept expressed uthe Contract Documents:'Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents�Submittals which are not required by the Contract Documents may be returned by the Architect without action. §312 5 The Contractor shall"review for compliance with the Contract Documents,approve and submit to the Architect Ship Drawings,Product Data,Samples and similar submittals required by the Contract Documents with reasonable promptness"and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors.Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 11w §3:12.$By-a'proving and submitting Shop Drawings,Product Data,Samples and similar submittals,the Contractor represents that;ttie Contractor has determined and verified materials,field measurements and field construction criteria related thereto,or will do so,and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. §3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data,Samples or similar submittals until the respective submittal has been approved by the Architect. AIA Document A201TM—1997.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document is protected by U.S.Copyright Law and International Treaties. 15 Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be flit prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order N0.10001 175821 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) i Oil! §3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings;Product Data,Samples or similar submittals unless the Contractor has specifically informed the Architect in writtng.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 ot'tz ,, a1`tmg the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drarovngs,Product Data,Samples or similar submittals by the Architect's approval thereof. Itt §112.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, S' ples 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 arclutectuC or engineering unless such services are specifically required by the Contract Documents for a portion of rltc.WoflC unless',the Contractor needs to provide such services in order to carry out the Contractor's responstb h far construction means,methods,techniques,sequences and procedures.The Contractor shall not be required tgprovide,professional services in violation of applicable law.If professional design services or ceittficabons by a'destgn proi es, 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,cetrtifications,`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 aesigaprofssional ,providedthe Owner and Architect have specified to the Contractor all performance and design criteria thaf such;.servicesdiusf`satisfy.Pursuant to this Section 3.12.10,the Architect will review,approve or take otlerappropriate,action on submittals only for the limited purpose of checking for conformance with information given acid the design concept expressed in the Contract Documents.The Contractor shall not be responsible for the nk- ade'q ',of the performance or design criteria required by the Contract Documents. 3.13 USE OF SITE §`113,17he Contractor shall confine operations at the site to areas permitted by law,ordinances,permits and the to Contract D,ocnments and shall not unreasonably encumber the site with materials or equipment. §N3«14 CUTTINGIIN6 PATCHING §314.1,—he Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make ttf its parts fit'together properly. 1 '§,3A4-2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed 4 construction of the'Owner or separate contractors by cutting,patching or otherwise altering such construction,or by excavation.The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor;such consent shall not be unreasonably withheld.The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. §3.15 CLEANING UP §3.15.1,The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove from and about the"Project waste materials,rubbish,the Contractor's tools,construction equipment,machinery and surplus znaterial5. ': I� §3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the cost thereof shall be charged to the Contractor. AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document Is protected by U.S.Copyright law and International Treaties. 16 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) t� an §3.16 ACCESS TO WORK §$16,1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress W ero'6fflocated. § "Ai,ROfALT1ES,PATENTS AND COPYRIGHTS 317.1 The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infntigement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account ``thereof,but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations 'a e 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 r patent,the Contractors halthe responsible for such loss unless such information is promptly furnished to the Architect § All INpEMNIFICATION §3�18.t To the fullest cxtent,permitted by law and to the extent claims,damages,losses or expenses are not covered b Prci�ect I1?tanagement Prvtee ve Liability insurance purchased by the Contractor in accordance with Section 11.3, the Contractor shall rndemmand hold harmless the Owner,Architect,Architect's consultants,and agents and ow emglbyees ofyauy of thf m txotn and against claims,damages,losses and expenses,including but not limited to attorimeys'fees,arising out of or resulting from performance of the Work,provided that such claim,damage,loss or ezperi5e ts"attributable t4 bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself)p but only to the extent caused by the negligent acts or omissions of the Contractor,a tlr 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 obligationn shall tot 6e`,construed to negate,abridge,or reduce other rights or obligations of indemnity which would=otherwise eztst us to a,party or person described in this Section 3.18. tv §3182 th claim against y person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor,anyone drrectly or indirectly employed by them or anyone for whose acts they may be liable,the nrlderruufication obligattori under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, As compensatton or benefits payable by or for the Contractor or a Subcontractor under workers'compensation acts, disability benefit acts or 4 her employee benefit acts. ARTICLE 4 "ADMINISTRATION 0F THC CONTRACT §4A ARCHITECT,:,,"'., §4 1-The.Archttect is the person lawfully licensed to practice architecture or an entity lawfully practicing archttecture identified as such`,' the Agreement and is referred to throughout the Contract Documents as if singular i in"number Theterm"Architect"�means the Architect or the Architect's authorized representative. §41'. Duties,"responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restneteds,i f 6&fied or extended without written consent of the Owner,Contractor and Architect. Consent shall not be unreasonably withheld. §4.1.3 If the employment of the Architect is terminated,the Owner shall employ a new Architect against whom the Contractor"has,ho reasonable objection and whose status under the Contract Documents shall be that of the former Architect. §4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT r §4:2.11:The Architect will provide administration of the Contract as described in the Contract Documents,and will be an.Uwner's representative(1)during construction,(2)until final payment is due and(3)with the Owner's concurrenc ft 6m time to time during the one-year period for correction of Work described in Section 12.2.The Architect will hate authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. §4.2.2 The Architect,as a representative of the Owner,will visit the site at intervals appropriate to the stage of the Contractor's operations(1)to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed,(2)to endeavor to guard the Owner against defects and AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties. 17 Unauthorized reproduction or distribution of this AIA:*Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) SIR deficiencies in the Work,and(3)to determine in general if the Work is being performed in a manner indicating that the Work,when frilly completed,will be in accordance with the Contract Documents.However,the Architect will notbe,required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of,nor be responsible for,the construction means,methods, Ali techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents,except as provided in Sectio'11 3.3.1. Wf §-4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of and will not be responsible for:acts or omissions of the Contractor,Subcontractors,or their agents or employees,or any other ==persons or entities performing portions of the Work. §4:2 4 Cotninunications Facilitating Contract Administration. Except as otherwise provided in the Contract Documentsor when direct communications have been specially authorized,the Owner and Contractor shall endeavor to commumcate with each other through the Architect about matters arising out of or relating to the ontraet Commulucatton'by',and with the Architect's consultants shall be through the Architect.Communications by and di Subcontractors and material suppliers shall be through the Contractor.Communications by and with k separate-COnttstctars shall be.through the Owner. 472,5 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. 44.2.6 TheArobite6i'will have authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers tt necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or completed:However neither this authority of the Architect nor a decision made in good faith either to exercise or motto exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Spbcontraciors,material and equipment suppliers,their agents or employees,or other persons or entities performing portions of the Wg k 64 12.7 The AreGect 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 sueh"xeasonable 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 detail's'such as dimcii ions andequantities,or for substantiating instructions for installation or performance of equipment or systeuts,,all of whidh,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 and112.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 Jill procedures.The Architects approval of a specific item shall not indicate approval of an assembly of which the item is a component. §4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may authorize minor lit changes in the Work as provided in Section 7.4. §4,2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date offinal completion,will receive and forward to the Owner,for the Owner's review and records,written warranties and relatedAocuments required by the Contract and assembled by the Contractor,and will issue a final Certificate for Payment,upon compliance with the requirements of the Contract Documents. §4.2.10 If the Owner and Architect agree,the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site.The duties,responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. AIA Document 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. 18 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/1812004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §4.2.11 The Architect will interpret and decide matters concerning performance under and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests will lie made in writing within any time limits agreed upon or otherwise with reasonable promptness.If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Section 4.2,then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. §41.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings.When making such interpretations and initial decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not:show partiality to;' and will not be liable for results of interpretations or decisions so rendered in good faith. §4:2.13 The. rchitect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in=the Contract:Documents. afr §4.3 CLAIMS AND DISPUTES §4 31 Defimtiott.A Claitia is"a demand or assertion by one of the parties seeking,as a matter of right,adjustment or mterpretation of; ontract>tOms,payment of money,extension of time or other relief with respect to the terms of the Contract The term'"Clift1 also includes other disputes and matters in question between the Owner and Contractor arising out o f or relating tai the Contract.Claims must be initiated by written notice.The responsibility to substantiate Claims shall rest with the party making the Claim. Tune°Limits on Clatms..Claims by either party must be initiated within 21 days after occurrence of the event giving rise to.such Claim or vuithin 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. §43.3"C611tinuing;Contract Performance.Pending final resolution of a Claim except as otherwise agreed in writing or,as provided m Secttozl 9 1 and Article 14,the Contractor shall proceed diligently with performance of the Contract and"the Owner shall'oontinue to make payments in accordance with the Contract Documents. §4 3 4.Claims for Concealett`br Unknown Conditions.If conditions are encountered at the site which are(1) si1Ti surface 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 fa'und to exist and generally recognized'as inherent in construction activities of the character provided for in the Contract liocumpnts,On notice by the observing party shall be given to the other party promptly before conditions are it sturbet"' itt nol vdKt,"later than 21 days after first observance of the conditions.The Architect will promptly uttrestigate such conditions atd,tf they differ materially and cause an increase or decrease in the Contractor's cost of, or,,,tune required for,performance cif any part of the Work,will recommend an equitable adjustment in the Contract Sum 0 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 no"*"the Owner and Contractor in writing,stating the reasons.Claims by either party in opposition tii,such deternwtation must be made within 21 days after the Architect has given notice of the decision.If the conditions encoun materially different,the Contract Sum and Contract Time shall be equitably adjusted, but if the Qwilei„and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time,the adjustment shall be referred to the Architect for initial determination,subject to further proceedings pursuant to Section 4.4." §4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, ilrr 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"Ifthe'Ctiiitractor believes additional cost is involved for reasons including but not limited to(1)a written interpretation from the Architect,(2)an order by the Owner to stop the Work where the Contractor was not at fault, (3)a written order for a minor change in the Work issued by the Architect,(4)failure of payment by the Owner,(5) termination of the Contract by the Owner,(6)Owner's suspension or(7)other reasonable grounds,Claim shall be filed in accordance with this Section 4.3. im AIA Document A2017"—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA•Document is protected by U.S.Copyright Law and International Treaties. 19 sirs Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) in[. §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. §43.7.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented "S y 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 Old a reasonable tulle 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 pries,--',are statecl"Jn the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are tnatertally changed in a proposed Change Order or Construction Change Directive so that applieahan bf 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. Will §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;eputation,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 stahaned there,for losses of financing,business and reputation,and for loss of profit t except"anticipateii profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination 1n accor`dance with Arttcle_l"4:Nothing contained in this Section 4.3.10 shall be deemed to preclude an award of lir}ritdiiLedudrect damages,when apphcab)e,in accordance with the requirements of the Contract Documents. §:4.4 RESOLUTION dF CLAIMS AND bISPUTES §`4.41 Decision of.Architect. Claims;including those alleging an error or omission by the Architect but excluding th ge ansing unifier 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 Clt€ms between the Contractor and"fawner arising prior to the date final payment is due,unless 30 days have passed after tho�Claiiri'has been referred to the Architect with no decision having been rendered by the Architect.The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. §4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions:(1)regiieseadditional 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 fof 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 decsion.;,The Architect may request the Owner to authorize retention of such persons at the Owner's expense. §4:4.4 if the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond,within ten days after receipt of such request,and shall either provide a response on the requested supporting data,advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Architect will either reject or approve the Claim in whole or in part. AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA* Document Is protected by U.S.Copyright Law and International Treaties. 20 Unauthorized reproduction or distribution of this Ale Document,or any portion of 1%may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) AN §4 4.5 The Architect will approve or reject Claims by written decision,which shall state the reasons therefor and whtchi"sliall notify the parties of any change in the Contract Sum or Contract Time or both.The approval or rejection stir of a%07 attn 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 arbzffaton and(2)a demand for arbitration of a Claim covered by such decision must be made within 30 days after tht;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 evideneC,bud shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned §4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter,the Architect or the Owner may,but is n,i t oblig2ited to,no'- the surety,if any,of the nature and amount of the Claim.If the Claim relates to a possibility ofa Contracfor;s default,the Architect or the Owner may,but is not obligated to,notify the surety and rfrquest tltt+s>�rety's assistancein resolving the controversy. irtitl §4 4 8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in accorclanee with applicaliI61aw to comply with the lien notice or filing deadlines prior to resolution of the Claim by the.Azchitect;by mediation or,by arbitration. 14-6 MEDIATION § 4.5.1 Any Claiiaansing out,r►f or related to the Contract,except Claims relating to aesthetic effect and except those waived as prlvided for in Sections 4.3.10,9.10.4 and 9.10.5 shall,after initial decision by the Architect or 30 days after subtlmssion sif the Claim;to the Architect,be subject to mediation as a condition precedent to arbitration or the mstitiition of legal or equitable proceedings by either party. �- tips ea §4.5.2 The parties shaI endvor to resolve their Claims by mediation which,unless the parties mutually agree wtti otherwise;shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration SoC Eton currently effec AS t.Request for mediation shall be filed in writing with the other party to the Contract and ninth tie Atttericliif Alb tratton Association.The request may be made concurrently with the filing of a demand rarbitration but,iii sucki'event,mediation shall proceed in advance of arbitration or legal or equitable proceedings, which sball,be stayed pending mediation'`for a period of 60 days from the date of filing,unless stayed for a longer perioil by agreement"i f the parties or court order. §4 5 3 The parties shall share the iilediator's fee and any filing fees equally.The mediation shall be held in the place whelre tkte Project is located,unless artnther location is mutually agreed upon.Agreements reached in mediation shall be enforceabie as settlemenUOgrcement"s in any court having jurisdiction thereof. §4 5ARBITRATION §4.6.1 Any`C:laim arising but of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided far ui,„Sect ions`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 '111"'A a bN+ ' iation in accordance with the provisions of Section 4.5. PR §41.2 Claims'nritresoived 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 ti Association,coil ntly in effect.The demand for arbitration shall be filed in writing with the other party to the Contracrand with the American Arbitration Association,and a copy shall be filed with the Architect. deiiiand`!for arbitration shall be made within the time limits specified in Sections 4.4.6 and 4.6.1 as lift applicable,anil;iii 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. so AIA Document A201TM—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This A10 Document is protected by U.S.Copyright Law and International Treaties. 21 to Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) Am, §4.6.4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall include, by„consolidation or joinder or in any other manner,the Architect,the Architect's employees or consultants,except t1y 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`aecorded in arbitration.No person or entity other than the Owner,Contractor or a separate contractor as described in Article 6 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial.Consent to arbitration involving an additional person or entity shall not constitute consent to We arb�lttation of a Claim not described therein or with a person or entity not named or described ,, therein.T foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consepted o by parties to the Agreement shall be specifically enforceable under applicable law in any court Wit having juri of sdiction there �.6 5 Clatzns and Ttme1y Assertion of Claims. The party filing a notice of demand for arbitration must assert in the ' —d' ail Claunkihifi m” to that party on which arbitration is permitted to be demanded. §4 6 6 Judgment on Finat A*ard. The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it it accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS: §5.1 DEFINITIONS §5.1.1 A Subcontractor is''a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The tee m,"Suubcontractor"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 wSep t'pte`contractor or subcontractors of a separate contractor. Chi §5.1„2'A,Snb-subcontracto,.is-a person or entity who has a direct or indirect contract with a Subcontractor to p, :a portion of thegWork at the site.The term"Sub-subcontractor"is referred to throughout the Contract I�ocutnentas a<f suigulac 1n number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. §S. AWARD 0�SUBCOI� CTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 6'5.2.1"Unless otherwise stated m t ntract Documents or the bidding requirements,the Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the names of persons or enti ties,(mcludiigthose who are to furnish materials or equipment fabricated to a special design) proposed for eacli principal portion of the Work.The Architect will promptly reply to the Contractor in writing ' stating whether or not the-10 r'or the Architect,after due investigation,has reasonable objection to any such proposed;per nor entity.Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable—objection.' §5.2.2 The Contractor shall,not;contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely obj, ce16 :The Contractor shall not be required to contract with anyone to whom the s,o Contractor,has made reasonable objection. §5.2.3 If the Uwnex.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,mcreased or decreased by the difference,if any,occasioned by such change,and an appropriate Change Order ZZ"shall be issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract lid Sum br Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in Submitting names as required. §5.2.4 The Contractor shall not change a Subcontractor,person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document is protected by U.S.Copyright Law and International Treaties. 22 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order W No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) rrty §5.3 SUBCONTRACTUAL RELATIONS §,5.,3.1 By appropriate agreement,written where legally required for validity,the Contractor shall require each U-00 tor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terbf the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities, znnfidtug-th e 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 r 'Ov rand Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor r so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in;,thp subcontract agreement,the benefit of all rights,remedies and redress against the tractor tt the Cot tractor,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 am Cdontractor shall make auaable to each proposed Subcontractor,prior to the execution of the subcontract agreement, copies of the Contra,4`06tuments to which the Subcontractor will be bound,and,upon written request of the Subcontractor;Identify to the Su terms and conditions of the proposed subcontract agreement which may bet varlance;wtth the Contract Documents.Subcontractors will similarly make copies of applicable portions of documents avail''I tf1 their respective proposed Sub-subcontractors. §5 4iltNGENTASSIGNMENT OF SUBCONTRACTS §5.4.4 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',-,my for those subcontract agreements which the Owner accepts by notifying the tit+ Subcontractor anti Contractor in writing;and 2 assignment is"subject to the prior rights of the surety,if any,obligated under bond relating to the `Contract. • §S'41 � V �s"assignment,if the Work has been suspended for more than 30 days,the Subcontractor's compens�on"shall beequttably adjusted for increases in cost resulting from the suspension. ARTlG k 6x CONSTRI CTION BY OWNER OR BY SEPARATE CONTRACTORS §6,1 OWNER'S RIGHTJO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS Owner reserves the right,to perform construction or operations related to the Project with the Owner's own.forces,anti to awari separate"contracts in connection with other portions of the Project or other construction or operattttns,on the site"under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and"wai'ver 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. ®rr §6:1:2 When separate contracts are awarded for different portions of the Project or other construction or operations �; ott the 51te, term=".Contractor"in theContract Documents in each case shall mean the Contractor who executes eacli"s_epazate Owner-Contractor Agreement. The Owner shall providt~;,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 separat ,,contractors and the Owner in reviewing their construction schedules when directed to do so.The Contract&`=sbaIl make any revisions to the construction schedule deemed necessary after a joint review and mutual y" agreement."The:construction schedules shall then constitute the schedules to be used by the Contractor,separate contractors and1he Owner until subsequently revised. SON §61,4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the l, Ject with the Owner's own forces,the Owner shall be deemed to be subject to the same obligations and to',have"tie same rights which apply to the Contractor under the Conditions of the Contract,including,without excludmg'athers;',those stated in Article 3,this Article 6 and Articles 10, 11 and 12. urr, §6.2 MUTUAL RESPONSIBILITY §6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. AIA Document A201TM—1997.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document Is protected by U.S.Copyright Law and international Treaties. 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 bcument was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) irr, §6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor,the Contractor shall,prior to proceeding with that portion of the Work,promptly rept>rt to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for'siieh 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. tlf §;62.3 The Owner shaIl 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(re responsible to the Contractor for costs incurred by the Contractor because of delays,improperly turned activities;damage to the Work or defective construction of a separate contractor. F §6.2 4 Te Contractor hall promptly remedy damage wrongfully caused b the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. s §62 8 The Owner and each°separate contractor shall have the same responsibilities for cutting and patching as are desenbed for the,Contractc�rrn Section 3,14. §6.3 OWNER'S RIGHT TO CLEAN UP � §-6':3.1 If a dispute arises atxong the Contractor,separate contractors and the Owner as to the responsibility under their respective cottracta for"maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may,clean up ai d:the Architect will allocate the cost among those responsible. Id ARTICLE7 CHANGES IN'THE WORK §7.1 GENERAL §7.1 Changes A_thc 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 litinifatiohSMated in thik Acle 7 and elsewhere in the Contract Documents. §7:1.2 A Change Qrder shall;;be based upon agreement among the Owner,Contractor and Architect;a Construction Change,Directive rcqurresgreement;by the Owner and Architect and may or may not be agreed to by the atitr'actor.an`prc er for dminor change in the Work may be issued by the Architect alone. §7.1.3 Changesn the W i ork shall be performed under applicable provisions of the Contract Documents,and the Contractor°shall proceed promptly,unless otherwise provided in the Change Order,Construction Change Directive or.order for a minor change,in the Work. §7.2 CHANGE ORDERS §7.21 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor and A!clntect,stating ther agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment,if any,in the Contract Sum;and .3; the extent of'the'adjustment,if any,in the Contract Time. §7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. §7.3 CONSTRUCTION CHANGE DIRECTIVES §7.31 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect,directing a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or Contract Timex oir both:The Owner may by Construction Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and Contract Time being adjusted accordingly. , §7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. AIA Document A201 TM—1997.Copyright®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 Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be based on one of the following methods: ,1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 as provided in Section 7.3.6. §7.3.4 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in the-Work involved and advise the Architect of the Contractor's agreement or disagreement with the method,if any, provided in the..Construetion Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time . §7.3.5 A COnstructi0>r;Change Directive signed by the Contractor indicates the agreement of the Contractor Iherewttlt,me udmg adjustment in Contract Sum and Contract Time or the method for determining them.Such agreement shall be effective°immediately and shall be recorded as a Change Order. §7 3 8 If the Contractor does-not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and`the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those,performing the.Work attributable to the change,including,in case of an increase in the Contract Sum,a reasonable allowance for overhead and profit.In such case,and also under Section 7.3.3.3,the Contractor shall keep and present,in such form as the Architect may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.6 shall be limited to the following: .1 costs of labor,including social security,old age and unemployment insurance,fringe benefits required by agreement or custom,and workers'compensation insurance; :2, costs ofmaterials,supplies and equipment,including cost of transportation,whether incorporated or consumed; rw :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 W" ,ork;and 5. additional costs of supervision and field office personnel directly attributable to the change. §7:3:7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum'shall be actual net cost as confirmed by the Architect.When both additions and ter credits covering related Work of 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. §7.18`Pending final determination of the total cost of a Construction Change Directive to the Owner,amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Ordez 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 r+ costs.That`det6 nation of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the right of either,party to disagree and assert a claim in accordance with Article 4. §7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such agreement,shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change,Order .-. t §7.4 MINOR CHANGES IN THE WORK §7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor.The Contractor shall carry out such written orders promptly. AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 25 Unauthorized reproduction or distribution of this AIA°Document,or any portion of It may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) a� ARTICLE 8 TIME §8I DEFINITIONS §"8:11"Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in Will the Contract Documents for Substantial Completion of the Work §'Al 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. 48'.',1.4 The term"day".as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. Will §s2 PROGRESS AND COMPLETION §8;21 Tune limits stated"in the Contract Documents are of the essence of the Contract.By executing the Agreement Will the'Contractor°cgnfirms that the Contract Time is a reasonable period for performing the Work. §8.2.2 The Contractor shall:not knowingly,except by agreement or instruction of the Owner in writing,prematurely commence`operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be famished by theContractor and Owner.The date of commencement of the Work shall not be changed by the effective date of suchinsurance.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 securty.interests. § 8.2'.3-4-he Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion -within"the Contract:Time." §8 3 DELAYSAND.EXTENSIONS OF TIME §$31 If the Contractor 1:s delayed at any time in the commencement or progress of the Work by an act or neglect of the.®vi!tiet,or",Architect,or df"an employee of either,or of a separate contractor employed by the Owner,or by "Changes brdered in the Work,or by labor disputes,fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractors control,or by delay authorized by the Owner pending mediation and arbitration,or by,'other causes which"the Architecf determines may justify delay,then the Contract Time shall be extended by Change Order for such reasonable"time as the Architect may determine. § 81 2 Claims"relating to time shall be made in accordance with applicable provisions of Section 4.3. §-8.3.3 Tliis Section 83 does not preclude recovery of damages for delay by either party under other provisions of Contract Documents. the, 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. Ili §9.2 SCHEDULE OF VALUES §9.2.1 Before the first Application for Payment,the Contractor shall submit to the Architect a schedule of values allocated:to various portions of the Work,prepared in such form and supported by such data to substantiate its Mas 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 tirr §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to ■ AIA Document A201rm—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA•Document is protected by U.S.Copyright taw and International Treaties. 26 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order N0.10001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) S4 ■tr payment as the Owner or Architect may require,such as copies of requisitions from Subcontractors and material suppliers,,and reflecting retainage if provided for in the Contract Documents. §9 3 1 As provided in Section 7.3.8,such applications may include requests for payment on account of changes in th e Vlrork'which have been properly authorized by Construction Change Directives,or by interim determinations of the,Architect,but not yet included in Change Orders. trl §9.3;1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier,unless such Work has been performed by others wltom the Contractor intends to pay. 493.2 3.2 Unless;otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered'and;suitably stored at the site for subsequent incorporation in the Work.If approved in advance liy the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in wntirig Payment for materials and equipment stored on or off the site shall be conditioned upon low eonphance by the Contractor;with procedures satisfactory to the Owner to establish the Owner's title to such mated s and'equipment or odirwise protect the Owner's interest,and shall include the costs of applicable issuaance,storage and transppafuon to the site for such materials and equipment stored off the site. 1 §9 The Contracts warrants that title to all Work covered by an Application for Payment will pass to the Owner no l"' than'the hme"of payrnerit.The Contractor further warrants that upon submittal of an Application for �aymi of all'Work forwlnch. extificates for Payment have been previously issued and payments received from the w Owner shall,to the best of the",Fontractor'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 entitios making a claim by reason of having provided labor,materials and equipment relating to the Work. §9 .4'CERTIFICATES FOR PAYMENT §9.4.1 The;Architect will,Within seven days after receipt of the Contractor's Applicati on for Payment,either issue to the OWner,a Certiflcate fkPayment,with a copy to the Contractor,for such amount as the Architect determines is prdper7y due,or'notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in,whole or iti.part as provided in Section 9.5.1. §9;4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based:on the Architect's evaluattoti`of the Work and the data comprising the Application for Payment,that the Work so 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 confo�inance with the Contract Documents upon Substantial Completion,to results of rIr subsequent tests and inspectians,fQ correction of minor deviations from the Contract Documents prior to completion and to-specific qualifications eliPessed 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 gustily or quantity of the Work,(2)reviewed construction means,methods,techniques, sequences or proceduires (3)�reviewed copies of requisitions received from Subcontractors and material suppliers k=.and other data requested by'the Owner to substantiate the Contractor's right to payment,or(4)made examination to `r ascertain how,or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §9.5 DECISIONS TO WITHHOLD CERTIFICATION §9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary be to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be iriadeJf,tixe Architect is unable to certify payment in the amount of the Application,the Architect will notify the Conttactor and Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised amount,.tb&Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to rr make'Such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 3.3.2,because of: .1 defective Work not remedied; AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be 27 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) frar ft .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless No security acceptable to the Owner is provided by the Contractor; :3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; A reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; � .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; 4W or .7 persistent failure to carry out the Work in accordance with the Contract Documents. §9;5.2 When the,above reasons for withholding certification are removed,certification will be made for amounts rtr previously4ithheld §`96 PROGRESS PAYMENTS 0.6 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the;#xme provided in the Contract Documents,and shall so notify the Architect. § 19.2 The'CoD'tactor shallpromptly pay each Subcontractor,upon receipt of payment from the Owner,out of the amount paid,to the'cc6.ntractor on account of such Subcontractor's portion of the Work,the amount to which said Subco>itraclor xs entitled,reflecting percentages actually retained from payments to the Contractor on account of Stich;SubC4ti#t actaa`s-portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor, 0.. require each Subcontractor to make payments to Sub-subcontractors in a similar manner. §9�6 3 The Architect will,an 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 ;accounC ofporti©its of the Work done by such Subcontractor. n §9 6.4 Neither the(cant 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. § A 5 Payment to'naterxal',suppliers shall,be treated in a manner similar to that provided in Sections 9.6.2,9.6.3 and 9.6.4: g9'6 6 Artivafgr Pa ent,a'progress payment,or partial or entire use or occupancy of the Project b the P P Y J Y Oder shall not constitute acceptane of Work not in accordance with the Contract Documents. §9 6 TUnless the Contractor provides"the Owner with a payment bond in the full penal sum of the Contract Sum, paymentsrfecexveii by the Gantractcr 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 coutiact withthe 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 0 e Contractor,shall create any ttrll fiduciary liability or tort"liability on the part of the Contractor for breach of trust or shall entitle an y person or entity to aid award of punitive damages against the Contractor for breach of the requirements of this provision. §9.7 FAILURE OF PAYMENT §9.7.1 If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days after the,date established in the Contract Documents the amount certified by the Architect or awarded by arbxlraUoii thenthe 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'ContracfSum 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. IN Most 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. 28 Unauthorized reproduction or distribution of this AIAO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order so No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) +tom to §9.8 SUBSTANTIAL COMPLETION §9.8.1„Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof M sufificientiy complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. §9$2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of 9'to be completed or corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. §0A.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or designated goon t1lereof is substantially complete.If the Architect's inspection discloses any item,whether or not ulJuded on tli Contrac'�tot s list,which is not sufficiently complete in accordance with the Contract Documents so that,the Owner can,, upy 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 bykthe Architect itt such c,54 the Contractor shall then submit a request for another inspection by the Architect to deEerruitif*Srulistan�tal Cotspietton. tilt = §9$4 When the WorlC ocleignated portion thereof is substanti ally complete,the Architect will prepare a Ce"cl ate of ubstanttal, pletion which shall establish the date of Substantial Completion,shall establish zespo stbiliCiea of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and in; ance,'and shi ifix the ttrt a within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties requuesl; y the Contract Documents shall commence on the date of Substantial Completion ofihe Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 96 5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsib1 r. ,,,assigned to them in such Certificate.Upon such acceptance and consent of surety,if any,it a Qwner all make g#yment of retainage applying to such Work or designated portion thereof.Such payment shall be adtasted for Wrk t11'at is incomplete or not in accordance with the requirements of the Contract Documents. r §9 9 PARTIAL OCCUPANCY OR USE §9 91'The Owner may occupy or use any,completed or partially completed portion of the Work at any stage when Suchfporktort is des lgn tcd''by separat agreement with the Contractor,provided such occupancy or use is consented tP-,liy the insurer as required undii on 11.4.1.5 and authorized by public authorities having jurisdiction over the Work''Sucli;pamal occupancy`or`use may commence whether or not the portion is substantially complete,provided the Owner aiiic Contractor have accepted in writing the responsibilities assigned to each of them for payments, retamage,if any;'security,maintenance,heat,utilities,damage to the Work and insurance,and have agreed in it wri ting Concerning the period for,correction of the Work and commencement of warranties required by the Contract Documen,&When th b Contractor Considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use shall not be unreasonably-withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement is reached,by decision of the Architect. §9.9.2 Immediately prior to such partial occupancy or use,the Owner,Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. §9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 910 FINAL'COMPLETION AND FINAL PAYMENT §9:10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect will promptly make such inspection and,when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in AIA Document A201TM—1997.Copyright®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 projected by U.S.Copyright Law and international Treaties. 29 1W Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 0811812004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) to the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further ' representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. §9:10:2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits ttti tc1 the Architect(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected i th;tbe Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts wtlileld 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 untie°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 dte Contrac�,Documen#s,(4)consent of surety,if any,to final payment and(5),if required by the Owner,other data dill -bhshing`payment or satisfaction of obligations,such as receipts,releases and waivers of liens,claims,security interests of enctimbrances�arising out of the Contract,to the extent and in such form as may be designated by the Owner If a`Subconractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a Tb ,* bb d satisfaktory to'1ii Owtieiv to indemnify the Owner against such lien.If such lien remains unsatisfied after Poyme>ataCf made,the Contractor shall refund to the Owner all money that the Owner maybe compelled to pay in di'song"such'lien,including all costs and reasonable attorneys'fees. §o•10 3 lf,after Substantial Completion of the Work,final completion thereof is materially delayed through no fault of�the Conactor ot!by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shalt,upon,application by the Contractor and certification by the Architect,and without terminating the Coht=4 ivake payment of the balance due for that portion of the Work fully completed and accepted.If the remaining',-alarice 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 df"tne Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to eertific �of such payment.Such payment shall be made under terms and conditions governing final payment, t except Iha t shall`not constitute a waiver of claims. §9:10.4 1 makin9 of final payment shall constitute a waiver of Claims by the Owner except those arising from: 31` liens,Claims;Security interests or encumbrances arising out of the Contract and unsettled; ;2 failure of We!Work to,comply with the requirements of the Contract Documents;or r3°`.: terms of special wartanfi"`is required by the Contract Documents. 9.10 5 Acce tance'of final payment b the Contractor,a Subcontractor or material supplier shall constitute a § P> P Y Y PP waiver 46i aims bythat payee except those previously made in writing and identified by that payee as unsettled at the time.of final Application for Payment. ARTICLE'III�PROTECTION OF PERSONS AND PROPERTY §401 SA1=E7YPRECAUTIONS 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. le §10.2 SAFETY OF PERSONS AND PROPERTY §;10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent darimage,10jury 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 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. t §10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document is protected by U.S.Copyright Law and international Treaties. 30 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/1812004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) tt)Ir up §10.2.3 The Contractor shall erect and maintain,as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. tier §10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. title The Contractor,shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by.the.Contract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in pod,by the Coitractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any of therxr,or by,anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2I:2 and 10:2-1.3,except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly,.or indirectly employed by either of them,or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in to -addition to the Contractor's.oblgations under Section 3.18. §10 2'A The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall lie the proveirtion oif accidents.This person shall be the Contractor's superintendent unless otherwise designated by°',the Contractor in writing to the Owner and Architect. §10.2;7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety.- §10.3HAZARDOUS MATERIALS §10;3,1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB), encountered on the site by-tho—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. §103, The pwner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or'sutstance reportedy'the'Contracto and,in the event such material or substance is found to be present,to verify that it has been rendered harmless llnless'otherwise required by the Contract Documents,the Owner shall furnish in writing-to the Contractor and Aid httectthe names and qualifications of persons or entities who are to perform tests verifying th6`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 t> 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 suhstance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner 'and Contractor.The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the ' amount of thelContractor'sreasoiaable additional costs of shut-down,delay and start-up,which adjustments shall be accomplished as provided in Article 7. §10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or irn 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 thaJhe,Work itself)and provided that such damage,loss or expense is not due to the sole negligence of a ply seekingindemnity. �Ir - §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. air AIA Document A201=—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 31 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) tar §10.5 If,without negligence on the part of the Contractor,the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. §,',46 0&RGENCIES � §10.6.1 Jn an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage,injury or loss.Additional compensation or extension of time claimed by the ontractor 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 uti bugmess iri the jurisdtcttoii`in which the Project is located such insurance as will protect the Contractor from claims sefforth below"wh 6h_m4y arise out of or result from the Contractor's operations under the Contract and for which the Contractor maybe legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone duectly or,indirectly`employed by any of them,or by anyone for whose acts any of them may be liable: clairris:under workers'compensation,disability benefit and other similar employee benefit acts which arc applicable to'the Work to be performed; claims far+damages because of bodily injury,occupational sickness or disease,or death of the 'Contractor"*employees; .3 claims fd damages because of bodily injury,sickness or disease,or death of any person other than the Contractor's"employees; .4' claims for damages insured by usual personal injury liability coverage; wlr .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 ownrrrship,,maintenance or use of a motor vehicle; gill T.:. claims for lioilily injury or property damage arising out of completed operations;and .$ claims involving contractual liability insurance applicable to the Contractor's obligations under Seet on 3:28'. i'the insurance required by S ec tion;,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. §111.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work;phew certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages<affor, ed 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 finalApplication for Payment as required by Section 9.10.2.Information concerning reduction of coverage on account of.revised limits or claims paid under the General Aggregate,or both,shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. §11.2 OWNER'S LIABILITY INSURANCE ` §11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. R §113 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE §41.3.1 Optionally,the Owner may require the Contractor to purchase and maintain Project Management Protective L iabih y itsurance from the Contractor's usual sources as primary coverage for the Owner's,Contractor's and Architectx"s',vicarious liability for construction operations under the Contract.Unless otherwise required by the Contract"Documents,the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage,and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner.The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Sections 11.1.1.2 through 11.1.1.5. AIA Document A201TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document Is protected by U.S.Copyright Law and International Treaties. .. Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be a2 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order N0.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) tl� 1+rr WIN §11.3.2 To the extent damages are covered by Project Management Protective Liability insurance,the Owner, Contractor and Architect waive all rights against each other for damages,except such rights as they may have to the proceeds of such insurance.The policy shall provide for such waivers of subrogation by endorsement or otherwise. §11,3.3 The Owner shall not require the Contractor to include the Owner,Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Section 11.1. §11.4 PROPERTY INSURANCE §.11.4.1 Unless otherwise provided,the Owner shall purchase and maintain,in a company or companies lawfully authorized tads business in the jurisdiction in which the Project is located,property insurance written on a builder's + risk"all-risk"or equivalent policy form in the amount of the initial Contract Sum,plus value of subsequent Contract modifications and cost-,,' ast ofmaterials supplied or installed by others,comprising total value for the entire Project at the slte.on a replacement', i basis without optional deductibles.Such property insurance shall be maintained,unless otherwise provtded u the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance;until final payment has been made as provided in Section 9.10 or until no person or enfity other than the Owner bad;,an insurable interest in the property required by this Section 11.4 to be covered, Whichever is later�This uisurace shall include interests of the Owner,the Contractor,Subcontractors and Sub- subcosttracfors to th e PtoJect §114;11 Property insurance shall be on an"all-risk"or equivalent policy form and shall include,without limitation, insurance against the perils of'hre(with extended coverage)and physical loss or damage including,without rrr duplicatton of coverage theft,`vandalism,malicious mischief,collapse,earthquake,flood,windstorm,falsework, testing and st,tup5 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 rd equtre as a result of such insured loss. V §1141.1" the Owner does,not intend to purchase such property insurance required by the Contract and with all of the eo rerages:m the amount described above,the Owner shall so inform the Contractor in writing prior to commencement of,tlie 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 shape cliarg""ed to the,Owner.If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insuiranot 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. �Il §J1.4.14,This`,`property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. §11.4.1.5 Partial occupancy t%r,tise,in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise.The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall,without mutual written consent,take no action with respect to partial occupancy or use that would cause cancellation,lapse or reduction of insurance. §11.4.2 Boiler and Machinery Insurance.The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law,which shall specifically cover such insured objects during installation and.zwtil 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 §11.4.3 Loss of Use Insurance.The Owner,at the Owner's option,may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused.The Owner waives all rights of action against the Contractor for loss of use of the Owner's property,including consequential losses due to fire or other hazards however caused. AIA Document 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. 33 ■ftr Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) wr x; ' §11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy,the Owner shall,if possible,include such insurance,and the cost thereof shall be charged to the Contractor by appropriate Change Order. A.5 If during the Pro j ect 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 pzoperty insurance is to be provided on the completed Project through a policy or policies other than those insuring tine Project during the construction period,the Owner shall waive all rights in accordance with the terms of Section 11.43 for damages caused by fire or other causes of loss covered by this separate property insurance.All separate policies shaW*ovide W"waiver of subrogation by endorsement or otherwise. §11.4.6 Before on exposure to loss may occur,the Owner shall file with the Contractor a copy of each policy that ttlttrr uicludes inuzanee coverages required by this Section 11.4.Each policy shall contain all generally applicable cindihonsz definitions,exclusions and endorsements related to this Project.Each policy shall contain a provision that the policy wi It,not be canceled or allowed to expire,and that its limits will not be reduced,until at least 30 days' prior wri tte it,°notice has beMgiven to the Contractor. §1147 Waivers ofSubrogaion. The Owner and Contractor waive all rights against(1)each other and any of their subcontractors,sub-sub6iM6Victors,agents and employees,each of the other,and(2)the Architect,Architect's c(risultants,separate contractors described in Article 6,if any,and any of their subcontractors,sub-subcontractors, agents and'ebjibyees,for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to•"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 subcontractars,sub subcontractors,agents and employees of any of them by appropriate agreements,written where legally required for v dity,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 rrr erson or`enh even than'h'that erson or entity would otherwise have a dui 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"iii the property damaged. §;114 8 i4 loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as-fiiuciary or 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 _ eived Cinsurance proceeds fee, b tleontractor and b appropriate agreements,written where legally required for validity,shall requir&Subcontractors to make payments to their Sub-subcontractors in similar manner. §11A.94f 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;wluch ease,the procedure shall be as provided in Section 4.6.If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience,replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 1. §11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power;if such objection is made,the dispute shall be resolved as provided in Sections 4.5 and 4.6.The Owner as fiduciary shall,in the case of==arbitration,make settlement with insurers in accordance with directions of the arbitrators.If distribution of insurance,proceeds by arbitration is required,the arbitrators will direct such distribution. §11.5 PERFORMANCE BOND AND PAYMENT BOND §11.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. AIA Document 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. 34 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order N0.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) rr §11.5.2 Upon the request of any P erson or entity appearing to be a potential beneficiary of bonds coverin g payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall permit a copy Lo lie made. /kRT1Ct - 2 UNCOVERING AND CORRECTION OF WORK §12'A-JUUNCOVERING OF WORK §12 1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically to 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. #j!.1.2 If a ppipon of"ork has been covered which the Architect has not specifically requested to examine ICI prior to its beit`g covered the Architect may request to see such Work and it shall be uncovered by the Contractor.If such Work is ut accordance with the Contract Documents,costs of uncovering and replacement shall,by appropriate Change Orden;be at thfy Owner's expense.If such Work is not in accordance with the Contract Documents, correcttoilt shall bo at'ihe Contractor's expense unless the condition was caused by the Owner or a separate contractor in i Cli event t& Owner shall be responsible for payment of such costs. §12 2 CO l�REC�IOtfl OF VI��t�C §12k�FOt12 AP ��&Sl1BSTANTIAL COMPLETION §12.2:11The=Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements the d6utiracf Do of cuments,whether discovered before or after Substantial Completion and whether or not fabricated;mstalled or completed.Costs of correcting such rejected Work,including additional testing and inspecuotzl:Wicl compensation-for the Architect's services and expenses made necessary thereby,shall be at the Contractor's expense. §12,2:2 AFTER SUBSTANTIAL COMPLETION §12 .21 In additton tE thts Co actor's obligations under Section 3.5,if,within one year after the date of Substentr�l Completion ottie.Work or designated portion thereof or after the date for commencement of warranties established fiidez Secton91,or by terms of an applicable special warranty required by the Contract Documents, any of the°Wozk is foiiid to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it,promptiy after receipt of written notice from the Owner to do so unless the Owner has previously given the Cor txac'tor aywrWen accepta ice,of such condition.The Owner shall give such notice promptly after discovery of the'660 During the ane-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 Conttactor aricdto make a claim for breach of warranty.If the Contractor fails to correct nonconform rig Work;withiri'a reasonable time during that period after receipt of notice from the Owner or Architect;the'Ow+lier may correct it in accordance with Section 2.4. §12.2.2.2 The one-year period"for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performnce of the,Woark. +rr §12 2:2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. §12.2.3 The Con tractor.shall remove from the site portions of the Work which are not in accordance with the requirements of tlie'Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. up §122.4 The Contractor shall bear the cost of correcting destroyed or damaged construction,whether completed or partially completed,of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not is accordance with the requirements of the Contract Documents. iltr §1i2.5'Notbibg 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 41W AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 35 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order N0.10001 175821 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the,.Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. §12. ACCEPTANCE OF NONCONFORMING WORK §12:3;14f the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents,the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable.Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS GOVERNING LAW §1311 The Contract shall be governed by the law of the place where the Project is located. §13 2 SUCCESSORS AND;ASSIGNS §�13 21 The�Llwntwr°and Contractor respectively bind themselves,their partners,successors,assigns and legal rt pi esentap�es to the otherparty hereto and to partners,successors,assigns and legal representatives of such other party mrespect to covenants,agreements and obligations contained in the Contract Documents.Except as provided tit Section 1 2 2,`neither party.to the Contract shall assign the Contract as a whole without written consent of the other If either party attemptsito make such an assignment without such consent,that party shall nevertheless remain legally respdniible far all ci6 ations under the Contract. §13 2 2 The©wnermay,without consent of the Contractor,assign the Contract to an institutional lender providing oo�astructiou finaneauR for;tkte h;oject.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 Written notice shalt l deemed to have been duly served if delivered in person to the individual or a member oft to firm;off entity or, an officer of the corporation for which it was intended,or if delivered at or sent by regtstered or certified rtSail to the last business address known to the party giving notice. §13A RIGNTS ANISIEMEMS §13.4.1 Dui es and'pbhgahons tmpg5ed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a`linaitation of duties,obligations,rights and remedies otherwise imposed or available by law:` ' §13.4.2 No action or failure to act by the Owner,Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract,,nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,except as may be'specifically agreed in writing. §13,5TESTS AND INSPECTIONS §13.5.1 Tests,inspections and approvals of portions of the Work required by the Contract Documents or by laws, ulati ordinances,rules,regons 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. §13:51Hthe Architect,Owner or public authorities having jurisdiction determine that portions of the Work require additional'testing,inspection or approval not included under Section 13.5.1,the Architect will,upon written authorization from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection or approval by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures.Such costs,except as provided in Section 13.5.3,shall be at the Owner's expense. AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 36 Unauthorized reproduction or distribution of this Ale Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order t No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) to r §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 shalhbe;at the Contractor's expense. 13 5,4 Required certificates of testing,inspection or approval shall,unless otherwise required by the Contract Doents,be secured by the Contractor and promptly delivered to the Architect. 111 _,,,,§13.5.5 If the Architect is to observe tests,inspections or approvals required by the Contract Documents,the frchitect 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 uri#easonalile"delay in the Work- f43 6 INTEREST 13.6.1 P, tnents due;,and un'aid under the Contract Documents shall bear interest from the date a ent is due at r § Y �., P Ym such rate as the parties may agree upon in writing or,in the absence thereof,at the legal rate prevailing from time to time 01the,piace where the Project is located. t>ir COMMENCEMENT OF STATUTORY LIMITATION PERIOD §13.7.1 As l�tween the Owner,and Contractor: .1 ''„ Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of wr 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 Substaii ai Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for payment,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment;and :3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later tl�r than the date of any act or`failure to act by the Contractor pursuant to any Warranty provided under Section 15,the date of any correction of the Work or failure to correct the Work by the Contractor trader 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. wr ARTICLI!14- TERMINATION OR SUSPENSION OF THE CONTRACT § 14, 'BY THE CONTRACTOR §14.11 The Contractor,may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fatat'of the Contractor or a Subcontractor,Sub-subcontractor or their agents or employees or any oth er persons or entities performing portions of the Work under direct or indirect contract with the Contractor,for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government,such as a declaration of national emergency which requires all Work to be stopped; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or .4 the Owner has failed to furnish to the Contractor promptly,upon the Contractor's request,reasonable evidence as required by Section 2.2.1. §14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work all under direct or indirect contract with the Contractor,repeated suspensions,delays or interruptions of the entire Work AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and international Treaties. 37 Unauthorized reproduction or distribution of this Ale Document,or any portion of it may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) sr by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period,whichever is less. t��notice if one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days' to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials,equipment,tools,and construction equipment and machinery, iric pdin reasonable overhead,profit and damages. H� §: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 Subcontractoi„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 Wo matters important to the progress of the Work,the Contractor may,upon seven additional tl� days'written nt5tice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.",_, 4.2 TERMINATION BY,THEMNER.FOR CAUSE 14 Z,1 The Ownernnay teunate the Contract if the Contractor: .1` perststentI cure eatedl refuses or fails to su 1 enough properly skilled workers or proper �° Y , y P Y PPY g P P Y P P .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; persistently disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction,or 4 otherwise isguilty of substantial breach of a provision of the Contract Documents. §14.2.2 When any'of the aliove;reasons exist,the Owner,upon certification by the Architect that sufficient cause exists to sttfy suclrachon;may without prejudice to any other rights or remedies of the Owner and after giving the tt C an ontractor d the Contraet6fts surety,if any,seven days' written notice,terminate employment of the Contractor and may,,subject tc>;anyprior`rights of the surety: A take possession of the site and of all materials,equipment,tools,and construction equipment and machutery,thereon owned by the Contractor; up .2 accepssgninent of subcontracts pursuant to Section 5.4;and 3< "fiiush the Work by:whatever reasonable method the Owner may deem expedient.Upon request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in,finishing the Work. §14.23 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive further-payment'until the Work is finished. §14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived,such excess'shall be paid to the Contractor.If such costs and damages exceed the unpaid balance, to the"Contractor shall p4the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case may be,shall be certified by the Architect,upon application,and this obligation for payment shall survive °termination of the Contract. §14.3 SUSPENSION'BYTHE OWNER FOR CONVENIENCE §14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay or interruption as described in Section 14.3.1.Adjustment of the Contract Sum shall include profit.No',adjustment shall be made to the extent: tt .1 that performance is,was or would have been so suspended,delayed or interrupted by another cause for which the Contractor is responsible;or .2 that an equitable adjustment is made or denied under another provision of the Contract. AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treaties. 38 Unauthorized reproduction or distribution of this Ale Document or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order N0.10001 175821 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) so §14.4 TERMINATION BY THE OWNER FOR CONVENIENCE §14.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause. §1d� Itpon receipt of written notice from the Owner of such termination for the Owner's convenience,the Cotiitractor 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; tar and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice,terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. to §14.4.3 lh case of such termination for the Owner's convenience,the Contractor shall be entitled to receive payment for WorkexeCuted,;and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. VW tar 4r so ttr atr, qtr �It ow AIA Document A201 TM—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document Is protected by U.S.Copyright Law and International Treaties. 39 Unauthorized reproduction or distribution of this AIAO 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 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) trr No COULON BEACH PARK GANGWAY IMPROVEMENTS MODIFICATIONS TO GENERAL CONDITIONS SECTION 00810 VW to 1. TERMS OF MODIFICATIONS AND SUPPLEMENTS A. Where any article of the General Conditions is modified or any Paragraph, 10 Subparagraph, or Clause is modified or deleted by Section 00810 or in the body of the General Conditions, the unaltered provisions of that Article, Paragraph, Subparagraph, or Clause remain in effect. rr 2. ADDITIONAL MODIFICATIONS AND SUPPLEMENTS „„ A. ARTICLE 11 - INSURANCE AND BONDS 1. Refer to Conditions in Section 00920 and modify where necessary to include N, these insurance requirements. to END OF SECTION «r w� rr r err r 2004-146aa 00810 PAGE 1 wr COULON BEACH PARK GANGWAY IMPROVEMENTS SPECIAL CONDITIONS SECTION 00900 1. COMPLIANCE WITH WAGE RATES AND FILING OF 'INTENT TO PAY PREVAILING WAGES" HEREINAFTER CALLED "INTENT"AND "AFFIDAVIT OF WAGES PAID" A. The Contractor and Subcontractors shall comply with 39.12 RCW and amendments "Prevailing Wages on Public Works." For the most recent State Promulgated Wage Rates refer to the website www.Ini.wa.gov/prevailingwage or contact the Department of Labor& Industries. B. The prevailing rate wages to be paid to all workers, laborers, or mechanics r. employed in the performance of any part of this Contract shall be in accordance with the provisions of Chapter 39.12 RCW, as amended. The rules and regulations of the Washington State Department of Labor and Industries and the Schedule of Prevailing Wage Rates determined by the Industrial Statistician of the Department of Labor and Industries, are available on the website listed above or may be obtained from Washington State Department of Labor and Industries. C. In case any wage dispute arises as to what are the prevailing rates of wages for work of a similar nature, and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for dispute resolution to the Department of Labor and Industries. The findings shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended. Current prevailing wage data will be furnished by the Industrial Statistician upon request. Requests shall be made to the State of Washington Department of Labor and Industries. �r The Contractor is responsible for paving the appropriate wage rates. D. The Contractor, and all Subcontractors, on or before the date of commencement of work, shall file a statement under oath with the Owner and with the Director of Labor and Industries certifying the rate of hourly wages paid to each classification of laborers, workers, or mechanics employed to perform work under this Contract shall not be less than the prevailing rate of wages determined by the Washington State Labor and Industries. Such statement and any supplemental statements which may be necessary shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries. E. Prior to commencing work, the Contractor and each and every Subcontractor hall file a sworn statement of 'Intent to Pay the Prevailing Wages," including fringe benefits for each job classification to be utilized. Sample copy enclosed herein. w. F. Copies of all "Intents" shall be on file with the Contractor, the Industrial Statistician, and the Owner. r.. G. Affidavits of Wages Paid, upon completion of project, the Contractor shall fully execute and file "Affidavit of Wages Paid" with the Washington State Department of Labor and Industries and any other agencies required by law. Sample copy enclosed herein. ww 2004-146aa 00900 PAGE wr 7 COULON BEACH PARK GANGWAY IMPROVEMENTS SPECIAL CONDITIONS SECTION 00900 Copies of the Affidavits shall be provided to the City prior to Final Completion and Final Payment. Each affidavit of wages paid must be certified by the Industrial Statistician of the Department of Labor and Industries before it is submitted. H. All costs and fees for and associated with the "Intent to Pay Prevailing Wages" and "Affidavits of Wages Paid" are to be paid by the Contractor. 2. STATE LICENSING LAW The Contractor agrees to comply with all requirements of Chapter 18.27 RCW. The Contractor agrees and covenants to furnish unto the Owner proper evidence that the Contractor has fully complied with the State Licensing Law of the State of Washington, Chapter 18.27 RCW, and a Contractor's Certificate of Registration shall be in full force and effect throughout the work project herein above enumerated, prior to starting work. 3. NON-DISCRIMINATION A. It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, age, or disability, when the City of Renton can reasonably accommodate the disability of employees and applicants for employment and fair, non- discriminatory treatment to all citizens. B. EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities including recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job- related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. C. COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. D. AFFIRMATIVE ACTION PLAN -The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate 4' equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators managers, . i supervisors, Contract Compliance Officers, and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. Nei 2004-146aa 00900 PAGE 2 rrir COULON BEACH PARK GANGWAY IMPROVEMENTS SPECIAL CONDITIONS SECTION 00900 E. CONTRACTORS OBLIGATIONS - Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. 4. ENVIRONMENTAL LEGISLATION A. The following list represents those federal, state, and local statutes, ordinances, regulations and orders dealing with preservation of public natural resources and prevention of environmental pollution currently know to the Owner and that may effect or are effected by the proposed work. Bidders shall review such materials ow prior to submittal of sealed bids. 1. Federal: Title 42, Section 4321, et. seq., of the United States Code. to 2. State: Water Pollution Act, Chapter 90.58 RCW State Environmental Policy Act of 1971, Chapter 43.21 C RCW and WAC Chapter 197-11/Title 38 RCW and Chapter 60.28 RCW. so 3. Regional: Regulations I and II - Puget Sound Clean Air Agency. 4. Local: Applicable city ordinance and regulations. B. The successful Bidder shall comply with applicable portions of the listed statutes, ordinances, regulations, conditions, and such other regulatory measures dealing with the prevention of environmental pollution and the preservation of public natural resources. rrc 5. CITY OF RENTON BUSINESS LICENSE Prior to signing a contract the contractor agrees to purchase a City of Renton Business License and maintain the license in full force and effect throughout the work of the project. License may be purchased from the Finance Department located in the Renton City Hall, Lobby Level, 1055 South Grady Way, Renton, WA. END OF SECTION rw w r w 2004-146aa 00900 PAGE 3 COULON BEACH PARK GANGWAY IMPROVEMENTS BOND TO THE CITY OF RENTON FORM SECTION 00910 +�r KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned wr as principal,and corporation organized and existing under the laws of r 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 rr payment of which sum on demand we bind ourselves and our successors, heirs, administrators or person representatives,as the case may be. r 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 we 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; to 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 40 pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. Principal Surety +rr Signature Signature Title Title �r. END OF SECTION ww ow 2004-146aa 00910 PAGE 1 air. COULON BEACH PARK GANGWAY IMPROVEMENTS us INSURANCE& RELATED REQUIREMENTS SECTION 00920 ift PART 1. MINIMUM INSURANCE COVERAGE AND REQUIREMENTS The CONTRACTOR shall obtain and maintain the minimum insurance coverage set forth below. By requiring such minimum insurance, CITY OF RENTON shall not be deemed or construed to have assessed the risks that may be applicable to the CONTRACTOR under Contract. The CONTRACTOR shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. (1) Commercial General Liability - Accord Form or equivalent, written on an occurrence basis, including: • Premises and Operations (Including CG 2503 general aggregate to apply per project if applicable) • Explosion, Collapse and Underground Hazards .. 0 Products/Completed Operations • Contractual Liability (including Amendatory Endorsement CG 0043 or equivalent which includes defense coverage assumed under contract) 0 Broad Form Property Damage • Independent Contractors Personal/Advertising Injury • Stop Gap Liability (2) Automobile Liability including all • Owned Vehicles Non-Owned Vehicles • Hired Vehicles (3) Workers'Compensation • Statutory Benefits - Show Washington Labor& Industries Number rr. (4) Umbrella Liability • Excess of Commercial General Liability and Automobile Liability. Coverage should be as broad as primary. (5) USH&L (United States Harborworkers and Longshoremen) Insurance • USH&L insurance is required for work within a certain distance from the water's edge and over the water, such as on a pier, dock or wharf. PART 2. CONTRACTORS INSURANCE REQUIREMENTS ,,. The CONTRACTOR shall carry the following limits of liability as required below: 1. Commercial General Liability General Aggregate* $2,000,000 Products/Completed Operations Aggregate $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 4W Stop Gap Liability $1,000,000 *General Aggregate to apply per project wr 2004-146aa 00920 *0 PAGE 1 COULON BEACH PARK GANGWAY IMPROVEMENTS INSURANCE& RELATED REQUIREMENTS SECTION 00920 2. Automobile Liability Bodily Injury/Property Damage $1,000,000 (Each Accident) r 3. Workers' Compensation Statutory Benefits - Show Washington Labor & Industries Number rr 4. Umbrella Liability Each Occurrence Limit $1,000,000 General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 PART 3. ADDITIONAL REQUIREMENTS CONTRACTOR shall Name CITY OF RENTON, and its officers, officials, agents, employees and volunteers as Additional Insureds (ISO Form CG 2010 or equivalent). CONTRACTOR shall provide CITY OF RENTON Certificates of Insurance and copies of policies, if at our sole discretion it is deemed appropriate Further, all policies of insurance described above shall: f 1. Be on a primary basis nor contributory with any other insurance coverage and/or self- insurance carried by CITY OF RENTON. 2. Include a Waiver of Subrogation Clause. ,r 3. Severability of Interest Clause (Cross Liability) 4. Policy may not be non-renewed, canceled or materially changed or altered unless forty- five (45) days prior written notice is provided to CITY OF RENTON. Notification shall be provided to CITY OF RENTON by certified mail. An example of an acceptable cancellation clause is as follows: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeayeF tG mail 45 days written notice to the certificate holder named to the left. " 00 5. The CONTRACTOR shall promptly advise the CITY OF RENTON in the event any general aggregate or other aggregate limits are reduced below the required per ■s occurrence limit. At his or her own expense the CONTRACTOR will reinstate the aggregate limits to comply with the minimum requirements and shall furnish to the CITY OF RENTON a new certificate of insurance showing such coverage is in force. wr 2004-146aa 00920 PAGE 2 COULON BEACH PARK GANGWAY IMPROVEMENTS INSURANCE& RELATED REQUIREMENTS SECTION 00920 6. Required insurance coverage shall be maintained throughout the term of this contract, except Automobile Liability and Workers' Compensation, for a period of two (2) years after the date of substantial completion of the project. 7. On all Certificates of Insurance, the Certificate Holder shall be listed as "City of Renton, Washington, Attention: Bill Rasmussen, Project Manager." END OF SECTION +�r wr wr rw or 40 go wo am err W Orr rw 2004-146aa 00920 PAGE 3 1r iw �r► sir iw err► w stir GENERAL REQUIREMENTS DIVISION 1 4 40 COULON BEACH PARK GANGWAY IMPROVEMENTS SUMMARY OF WORK AND SEQUENCE SECTION 01010 PART 1 -GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS +rr A. General Description of the Work: The gangways at Coulon Beach Park will be removed and modified and/or replaced per drawings and specifications. Work will include metal, carpentry, and concrete. r�r 1. The work involves the demolition and disposal of the existing gangways. 2. The work includes modifications of all areas per plans and specifications. ew 3. New gangways and connection points will be installed to existing structures. 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 rr Ordinances throughout the work. C. Do not employ on work: Unfit persons or persons not skilled in assigned tasks. 1.02 CONTRACT Construct work under a single fixed-price Contract. See Bid Form. 1.03 WORK SEQUENCE and SHARED AREAS A. All efforts shall be made to perform all work without abnormally disturbing, inconveniencing, or interrupting the usage of adjacent facilities, pedestrians, and r vehicular traffic. B. Access to and through the main parking lot at Gene Coulon Memorial Beach Park will be shared with the public and all necessary measures to ensure public safety must be taken. A work area will be provided in the parking area adjacent to the boat launch. 2004-146aa 01010 PAGE 1 COULON BEACH PARK GANGWAY IMPROVEMENTS SUMMARY OF WORK AND SEQUENCE SECTION 01010 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 Owner any objection in writing no later than seven (7) days prior to Bid Date. Submittal of Bid constitutes acceptance of products and procedures specified. END OF SECTION rrr «r +w «rt r ■r 2004-146aa 01010 PAGE 2 flit COULON BEACH PARK GANGWAY IMPROVEMENTS SPECIAL PROVISIONS SECTION 01015 PART GENERAL 1.01 SPECIAL PROVISIONS A. The following items, as Special Provisions of the Owner, are hereby made a part of this Contract Document in addition to the Conditions and Supplementary Conditions. B. Should conflicts occur between these Provisions and the Conditions and Supplementary Conditions, the Special Provisions govern. 1.02 ORGANIZATION & FORMAT OF SPECIFICATIONS wtr A. Organization: Division and paragraph numbers, as listed in the "Table of Contents"of the Project Manual and the items of work included under the headings generally conform with the "Master Format" of the Construction Specification Institute. Numbering of paragraphs and divisions is merely for convenience and identification and may not be consecutive; the Contractor shall check his copies of the Contract Documents with the specification index and drawing index to be sure that they are complete. Trade headings are used in the specifications for convenience only. The Owner is not bound to define the limits of any subcontractors. B. Format: These specifications are of the abbreviated or"streamlined"type, and frequently include incomplete sentence. Words such as "shall", "shall be", "the Contractor shall" and similar mandatory phrases are noted on the drawings. Phrases following a heading for material or item of equipment and listing required features or characteristics of the item shall be construed as meaning, 40 "The item shall be...", or"The item shall include...", and the Contractor shall provide all items, articles, materials, and operations listed; including all labor, material, equipment and incidentals required for satisfactory installation and completion of the work. C. Definitions: The following terms are used in the Contract Documents and are defined as follows: 1. The terms "approved" and "for approval" mean "approved in writing by the Architect" and "for the Architect's written approval". 2. The term "coordinate" means "satisfactorily combine the work of all lift trades for a complete and operating installation". 3. The term "selected" means "selected by the Architect". 4. The term "provide" means "furnish and install". 1W 5. The term "directed" means "as directed by the Architect". 6. Where the terms, "or approved" or"or approved equal" are used, the Owner is the sole judge of the quality and suitability of the proposed i■ substitution. D. Indicated Manufacturer: Materials, articles and pieces of equipment are identified on the drawings and in the specifications by reference to a specific manufacturer's or manufacturers' name, trademark, model or catalog number. The respective manufacturer's or manufacturers' standard specification for W 2004-146aa 01015 PAGE 1 COULON BEACH PARK GANGWAY IMPROVEMENTS I* SPECIAL PROVISIONS SECTION 01015 such material, particle or piece of equipment shall be deemed to be included herein unless otherwise modified or indicated. A E. Related Work: Certain Sections of these Specifications include references to "Related Work", shown in other Sections of these Specifications. These references are provided only as a convenience to the Contractor, and may not always occur, or always reference all related work or requirements in other ► sections. The Contractor shall be responsible for conformance to these entire specifications, and shall be responsible for insuring that all requirements and work in separate sections, whether referenced or not for his convenience, are properly coordinated and executed. 1.03 STANDARD SPECIFICATIONS A. Reference in the technical divisions of these specifications to standard date of the following organizations shall mean the latest edition at the date noted on the specification book, unless otherwise noted. The Contractor shall conform with said standard requirements when reference is made thereto as if the data were repeated verbatim in the specifications, except where standard data are supplemented and modified by the Specifications. B. Abbreviations: Standard data of the following organizations are referenced in the specifications, and the organization names are abbreviated as noted. ' AAN: American Association of Nurserymen, 835 Southern Bldg., Washington, D.C. 20006 rr ACL American Concrete Institute, P.O. Box 4754, Redford Station, Detroit, Michigan 48219 AIA: American Institute of Architects, 1735 New York Avenue, Washington, D.C. 20006 ANSI: American National Standards Institute, 1430 Broadway, New York, N.Y. 10018 APWA: American Public Works Association, Washington State Chapter, Olympia, Wa. 98504 ASTM: American Society for Testing & Materials, 1916 Race St., Philadelphia, Pa. AWI: Architectural Woodwork Institute, 13924 Braddock Road, Centreville, Va. 22020 AWS: American Welding Society, 33 West 39th Street, New York, N.Y. 100d18 AWWA: American Water Works Association, 2 Park Avenue, New York, N.Y. 10000 CRSI: Concrete Reinforcing Steel Institute, 38 South Dearborn St., Chicago, 111. CS: Commercial Standard of the U.S. Department of Commerce, y Washington, D.C. 20025 CSI: Construction Specifications Institute, 1717 Massachusetts Ave. N.W., Washington, D.C. 20036 DPFA: Douglas Fir Plywood Association, now known as American Plywood Association, P.O. Box 1337, Tacoma, Wash. 98401. 2004-146aa 01015 PAGE 2 im COULON BEACH PARK GANGWAY IMPROVEMENTS SPECIAL PROVISIONS SECTION 01015 IEEE: Institute of Electrical & Electronic Engineers, 33 West 39th St., New York, N.Y. 10018 IPCEA: Insulated Power Cable Engineers Association, 283 Valley Road, Montclair, New Jersey 07042 NEMA: National Electrical Manufacturer's Association, 155 East 44th At., New York, N.Y. 10017 NFPA: National Fire Protection Association, 60 Betterymarch St., Boston, Mass. 02110 NWMA: National Woodwork Manufacturers Association, 400 West Madison Wn., Chicago, III. 60600 PS: Product Standard of U.S. Dept. of Commerce, Washington, D.C. 20025 SSPC: Steel Structures Painting Council, 4400 Fifth Ave., Pittsburgh, Pa. 15213 UBC: Uniform Building Code of International Conference of Building Officials, 530 South Workman Hill Road, Whittier, California 90601 UL: Underwriter's Laboratories, 333 Pfinsten Road, Northbrook, III. 60062 WPWA: Washington Public Works Association WWPA: Western Wood Products Association, Yeon Building, Portland, Oregon 97204 aw WSDOT: Washington State Department of Transportation 1.04 PROTECTION 10 A. Protection of Employees: in order to protect the lives and health of its employees under the Contract, the Contractor shall comply with all pertinent provisions of the Occupational Safety and Health Administration including the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act, as pertains to health and safety standards; the Washington Industrial Safety and Health Act; and shall maintain an accurate record of cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance, or operation. B. Protection of Property: The Contractor shall at its own expense carefully protect from injury trees (other than those authorized for removal under �r clearing operations), building, telephone, telegraph or power and light poles, water lines, conduit, drains, culverts or any other structures and improvements at no cost to the Owner, leaving them in as good condition as they were prior to his interference, determined by the Architect; and the Contractor shall be liable for any damages or claims arising from these interferences with said structures. The Contractor shall make every effort to avoid damage to or breaking of water mains or service pipes and shall be responsible for determining actual locations of public and private utilities in the field and aw 2004-146aa 01015 PAGE 3 to COULON BEACH PARK GANGWAY IMPROVEMENTS SPECIAL PROVISIONS SECTION 01015 checking with the appropriate agencies involved. The Contractor shall be solely responsible for any damage resulting from his operations. C. Payment by the Owner for materials or equipment stored on site or off site, or for work, does not relieve the Contractor of his responsibility to incorporate said materials and equipment into the work, and for protecting these materials, equipment and work from damage, theft, or destruction. 1.05 NUMBER OF SPECIFIED ITEMS REQUIRED Wherever in these specifications, an article, device or piece of equipment is referred to in the singular number, such reference applies to all and as many such articles as are shown on the drawings or required to complete the installation. 1.06 CONTRACT RESTRICTION A. Time of Completion: The work of this Contract shall commence immediately after the effective date of the Notice to Proceed and shall be fully completed within the specified number of calendar days. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the Contract of Work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the Work embraced in this Contract shall be commenced on a date to be specified in the Notice to Proceed. The Contractor agrees that said Work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the Work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. B. Liquidated Damages: If the said Contractor shall neglect, fail or refuse to complete the Work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay to the Owner an amount of money for each calendar day of delay after the time set, not as a penalty but as liquidated damages for loss of use of the facility. The amount of money shall be as described in Instructions to the Bidders. Said amount shall be retained from time to time by the Owner from current periodic estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specification wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new j time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner: Provided further, that the Contractor shall not be charged with err 2004-146aa 01015 PAGE 4 to COULON BEACH PARK GANGWAY IMPROVEMENTS SPECIAL PROVISIONS SECTION 01015 "& liquidated damages or any excess cost when the delay in completion of the work is due: 1. To any preference, priority or allocation order duly issued by the Government, and 2. To unforseeable cause beyond the control and without the fault or negligence of the Contractor, including but not limited to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather, r ,and 3. To any delays of subcontractors or suppliers occasioned by any of the causes specified in subsections 1 and 2 of this paragraph; Provided ow further, that the Contractor shall within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner, in writing, wo of the cause of delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. or C. The foregoing provision for liquidated damages is in addition to and not in limitation of any other rights or remedies available to the Owner. ow 1.07 PRE-CONTRACT CONFERENCE After opening of Bids and before the signing of the Contract, the successful Bidder w shall meet with the Owner within 10 days of bid opening to coordinate the Progress Schedule and to discuss other requirements that may be of concern to any of the parties involved; conditions mutually agreed upon at this conference may be incorporated into the Contract. 1.08 PAYMENTS �r A. Progress Payments: Progress payments will be made based upon the value of the work performed and of the materials suitably stored at the siteas determined by the Owner less the aggregate of any previous payments and retainage. Refer to Section 01027 for Application for Payment. B. Retainage will be held back at 5% of each pay request. Retainage will be held in an account at the direction of the Contractor, per the forms included in these documents. Any costs associated with holding these funds in any account shall be borne by the Contractor. Retainage shall be available to the Owner to meet obligations which the Contractor incurs but does not meet, or to meet obligations to the Owner incurred through conditions of the contract. Retainage does not relieve the Contractor of any obligations of the contract, nor of any financial obligation which retainage is not sufficient to meet. Retainage or use of retainage shall not reduce the Contractors requirements under the contract. Aw 2004-146aa 01015 PAGE 5 ON COULON BEACH PARK GANGWAY IMPROVEMENTS (► SPECIAL PROVISIONS SECTION 01015 1.09 INSTRUCTIONS All instructions will be given to the Contractor, or to his authorized agent, by the Architect for distribution to subcontractors or tradesmen on the Work; in like manner all communication from subcontractors and tradesmen on the Work to the Owner or Architect will be given through the Contractor; no subcontractors or tradesmen shall contact the Owner or Architect to discuss the Work, except as the Contractor may arrange. 1.10 HAZARDOUS AND TOXIC SUBSTANCES A. Raw Sewage Liquids: Raw sewage liquids, without solids, removed from a manhole or sewer main may be disposed of in a City owned sewer manhole with the approval by the Owner's field representative for each manhole location. B. The following toxic substances may not be disposed into the City's sewage system and must be disposed off site per all applicable laws and regulations at the expense of the Contractor: 1. Solids: Any solids removed from the manhole being serviced, including, but not limited to, rocks, concrete, vegetation, wood products and by- products. 2. Flammable or Explosive Material: Flammable liquids, solids, or gases capable of causing or contributing to explosion or supporting combustion .r in any sewerage facilities including, but not limited to, the following: fuel oil, waste crankcase oil, and acetylene generation sludge. 3. Odorous Substances: Any noxious or malodorous gas or substance which either by itself or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry by authorized personnel to pump stations and other sewerage facilities. 4. Toxic Vapor: Any gas or substance which either by itself or by interaction with other wastes can produce a toxic vapor. These substances include, but are not limited to, chlorinated hydrocarbons, hydrogen sulfide, sulfur dioxide, and cyanide compounds. , 5. Corrosive Substances: Any gas or substance which either by itself or by interaction with other waste may cause corrosive structural damage to sewer works or treatment facilities, but in no case wastes with a PH lowers than 5.5. 6. Excessive Waste: Wastes at a flow rate and/or pollutant discharge rate which are excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency. 7. Slurry Type Materials: Materials such as concrete slurry or liquid epoxy mix or other substance that may harden in the sewer system. 2004-146aa 01015 PAGE 6 COULON BEACH PARK GANGWAY IMPROVEMENTS SPECIAL PROVISIONS SECTION 01015 wo C. Toxic Waste Materials: Material removed from any sewage utility which has contact with the raw sewage or vapors is considered toxic waste material and must be disposed of in a proper manner as outlined by the State. This material shall not be disposed of in the City. D. The City does not provide a waste site for this project. The Contractor is responsible for legal disposal of all waste materials. 1.11 CONDITION OF WORKSITE The Contractor shall examine the premises and conditions of the site affecting the ow Work and shall compare them to conditions as represented in the Contract Documents. Should conflicts or inconsistencies between the actual conditions and the Contract Documents be noted, the Contractor shall notify the Owner and await wo his directions. 1.12 APPARENT CONTRADICTIONS w It is mutually agreed and understood between the Owner and the Contractor that if any instance of contradiction between drawings of different scale, or between drawings and specifications, or between sections of the specifications, the more stringent requirements shall be interpreted as being in the Contract Sum. 1.13 OWNER OCCUPANCY The Owner reserves the right to use or to occupy the Project or any part thereof or to use the equipment installed under the Contract, prior to final payment and v�r acceptance of the Work or any part thereof. Such use shall not negate or change the responsibility of the Contractor to the Owner for satisfactory completion of the Work, nor shall it negate any insurance provisions specified to be carried in full force until the time of acceptance. END OF SECTION .r aw 2004-146aa 01015 PAGE 7 WA COULON BEACH PARK GANGWAY IMPROVEMENTS APPLICATION FOR PAYMENT SECTION 01027 PART1 GENERAL 1.01 SECTION INCLUDES Submit Application for Payment based upon Schedule of Values previously submitted to and approved by the Owner's Representative. 1.02 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: AIA Doc G702 1. Fill in required information. a. Include Change Orders approved prior to Application submittal date. r b. Fill in summary of dollar values to agree with respective total indicated on any continuation sheets. C. Original signatures on all copies by responsible officer of Contract firm; +w. notarized. B. Continuation Sheets: AIA Doc G703 tw 1. Totally fill in all schedule component work items. Show item number/scheduled dollar value/item Schedule of Values/01370. 2. Fill in dollar value in each column for each scheduled line item. a. Round off values to nearest dollar/Tally Sheet. b. If no work has been performed, show"0." 3. At end of continuation sheets, list each Change Order approved prior to submission date. a. List by Change Order Number, and description, as for an original component item of work. b. Show WSST as a separate item and including a separate item for each change order. 1.03 SUBMITTAL PROCEDURE A. Submit four copies of Application for Payment at times stipulated in Agreement between Owner and Contractor. Allow stipulated time for processing. B. When Owner's Representative finds Application properly completed and correct, he transmits Payment Certificate to applicable department for payment. END OF SECTION r�r Aw 2004-146aa 01027 PAGE 1 to U1 COULON BEACH PARK GANGWAY IMPROVEMENTS CHANGE ORDERS SECTION 01028 we PART GENERAL 1.01 SECTION INCLUDES Promptly implement change order procedures including: 1. Submittals 2. Documentation of change in Contract Sum/Price and Contract Time 3. Change procedures 4. Construction change directives 5. Unit price change orders 6. Execution of change orders 7. Correlation of contractor submittals rrr 1.02 SUBMITTALS A. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or subcontractors of changes to the Work. B. Change Order Forms: City of Renton, Community Services Department form 1.03 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME A. Submit detailed records of work to be done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. C. On request, provide additional data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 2004-146aa 01028 PAGE 1 COULON BEACH PARK GANGWAY IMPROVEMENTS CHANGE ORDERS SECTION 01028 1.04 CHANGE PROCEDURES A. Owner will advise of minor changes in the Work not involving an adjustment to Contract sum or Contract Time as authorized by The General Conditions to the Contract, Paragraph 7.4. B. The Owner's Representative may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change and the period of time during which the requested price will be considered valid. Contractor will prepare and submit an estimate within 5 days. C. The Contractor may propose a change by submitting a request for change to the Owner, describing the proposed change and its full effect of the Work, with a statement describing the reason for the change, and the effect of the Contract/Sum Price and contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. 1.05 CONSTRUCTION CHANGE DIRECTIVE— EMERGENCY CONDITIONS A. Owner may issue a document, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order only under emergency conditions or as authorized by the Owner. B. The document will describe changes in the Work, and will designate method of determining any change in Contract Sum or Contract Time. t C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. E. Promptly execute the change in Work. 1.06 UNIT PRICE CHANGE ORDER For pre-determined unit prices and quantities, the Change Order will be executed on a fixed unit price basis. Ad 1.07 EXECUTION OF CHANGE ORDERS Execution of Change Orders: Owner will issue Change Orders for signatures of parties + ► as provided in the Conditions of the Contract. 1.08 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum. 2004-146aa 01028 PAGE 2 COULON BEACH PARK GANGWAY IMPROVEMENTS CHANGE ORDERS SECTION 01028 w B. Promptly revise construction schedules to reflect any change in Contract Time, revise sub-schedules to adjust time for other items of work affected by the change, �" and resubmit. C. Promptly enter changes in Project Record Documents. END OF SECTION rr r 1W to 2004-146aa 01028 PAGE 3 COULON PARK GANGWAY IMPROVEMENTS REGULATORY REQUIREMENTS SECTION 01060 w PART GENERAL m 1.01 SECTION INCLUDES A. Comply with all governing laws, ordinances, statutes, rules and regulations, bearing on the conduct of the work as drawn and specified. This includes modifications, amendments, additions, and the like, current as of Project Manual Date. B. Referenced codes establish minimum requirement levels. Where provisions of various codes or standards conflict, the more stringent provisions govern. Promptly submit to Architect written notice of observed contract document +r variations from legal requirements. C. Compliance requirements include, but are not limited to following: 1. Uniform Building Code and City of Renton amendments to Code and Related Standards, 1994 Edition, published by the International Conference of Building Officials. 2. WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2000 Edition. 3. Rules and Regulations for the State/City/County Board of Health, as applicable. 4. Department of Labor and Industries Regulations. 5. Environmental Requirements: All work to be performed in compliance with relevant statutes and regulations dealing with prevention of environmental pollution and preservation of public natural resources. 6. Energy Requirements: Comply with insulation and energy conservation requirements of State of Washington, WAC 51.11. D. Specification of Higher Standards: Drawings and Specifications govern whenever Drawings and Specifications require higher standards than are required by governing codes, regulations, and the like. E. Jurisdiction Inspection Reports: Contractor shall immediately submit a copy to the architect and owner upon receipt of all on-going inspection reports made by the city, county, or state regulatory agencies pertaining to the construction and construction procedures. Contractor shall request from inspection agency that all inspection comments be made in writing and cite specific sections of code, rules or regulations being referenced. END OF SECTION rr �r 2004-146aa 01060 PAGE 1 aw COULON BEACH PARK GANGWAY IMPROVEMENTS SHOP DRAWINGS, PRODUCT DATA, &SAMPLES SECTION 01340 r" PART 1 GENERAL 1.01 SECTION INCLUDES Submit Shop Drawings, Product Data and Samples required by the Contract Documents. • PART 2 PRODUCTS 2.01 PRODUCT DATA Clearly identify on each copy, as applicable: • Pertinent products or models; performance characteristics 2.02 SAMPLES Office samples shall be of sufficient size and quantity to clearly illustrate: • Products'functional characteristics with integrally related parts and attachment devices; and full range of color and texture. 2.03 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in the submittals required by the Architect and resubmit until approved. B. Shop Drawings and Product Data: Revise initial drawings or data, and resubmit as specified for the initial submittal. 2.04 ARCHITECT'S REVIEW RESPONSIBILITIES Reviewing is only for general conformance and compliance with Project Design concept and Contract Documents. Any action shown is subject to Contract Documents' requirements. Contractor is responsible for: 1. Dimensions (confirm and correlate at job site). 2. Fabrication processes; construction techniques. 3. Quantities, space requirements, coordination of work with that of other trades. 4. Union jurisdiction, infringements of patent rights. 5. Possible cause of injury to persons or property. 6. Satisfactory performance of your work, and the like. END OF SECTION 2004-146aa 01340 PAGE 1 COULON BEACH PARK GANGWAY IMPROVEMENTS QUALITY CONTROL SECTION 01400 PART 1 GENERAL 1.01 REQUIREMENTS INCLUDE iw A. General Quality Control B. Workmanship C. Manufacturer's Instructions D. Testing Laboratory Services 1.02 QUALITY CONTROL, GENERAL Maintain quality control over subcontractors and suppliers, manufacturers, products, services, site conditions, delivery schedules, and workmanship, to produce work of specified quality. 1.03 WORKMANSHIP A. Comply with industry standards. B. Perform work by persons qualified to produce workmanship of specified quality. C. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking. 1.04 MANUFACTURERS' INSTRUCTIONS Comply with instructions in full detail, including each step in sequence. Should instructions conflict with Contract Documents, request clarification from Owner before proceeding. 1.05 TESTING LABORATORY SERVICES A. Owner will employ and pay for services of an Independent Testing Laboratory to perform inspections, tests, and other services required by individual Specification Sections and by governing authorities. B. Services will be performed in accordance with requirements of governing authorities and with specified standards. C. Reports will be submitted to Architect/Engineer/Owner in triplicate giving observations and results of tests, indicating compliance or non-compliance with specified acceptable standards and with Contract Documents. END OF SECTION 2004-146aa 01400 PAGE 1 am COULON BEACH PARK GANGWAY IMPROVEMENTS INSPECTIONS &TESTS SECTION 01430 PART GENERAL 1.01 SCOPE When testing is required, special inspection and laboratory services obtained by the Owner are solely an assurance that Contract Document provisions are met. Results of Owner-procured tests and inspections may be made available to the Contractor as a convenience only. In no way is this to be construed as relieving the Contractor of his obligations to provide materials and workmanship in accordance with the specifications. +r 1.02 COSTS Except as specified elsewhere, the Owner will select and pay for all initial services of the testing laboratory for tests not required by public regulatory authorities. When initial tests indicate non-compliance with the Contract Documents, the costs of initial tests associated with that non-compliance will be deducted by the Owner from the Contract Sum. All subsequent re-testing will be performed by the same testing laboratory and the costs of any test not in compliance will be deducted from the Contract Sum. 1.03 CODE COMPLIANCE TESTING Inspections and tests required by codes, ordinances or by a plan approval authority, and made by a legally constituted authority, shall be the responsibility of and shall be paid for by the Contractor, unless otherwise provided in the Contract Documents. 1.04 SUBMITTALS Promptly process and distribute all required copies of test reports and related instructions. 1.05 DUTIES OF INSPECTORS AND TESTING SERVICES A. General: Inspection and testing services may be engaged by the Owner for the checking and testing of the following phases of the Work. ' B. Site work and Utilities: 1. Compaction of Fill: Test fill after compaction for required densities. 2. Earthwork: Inspect excavations for conformance with specifications. 3. Depth and Class of material: Test paving and surfacing for specified depth, class, and compaction. 4. Material make-up: Test for compliance with specifications. 1.06 CONTRACTOR'S RESPONSIBILITY A. Notification: 1. Notify Owner's Representative at least 48 hours before inspection will be required. 2. Notify testing laboratory sufficiently in advance of operations (not less than 48 hours) to allow for laboratory assignment of personnel and scheduling of tests. rrr 2004-146aa 01430 PAGE 1 COULON BEACH PARK GANGWAY IMPROVEMENTS ig INSPECTIONS&TESTS SECTION 01430 rr B. Defective Work: Remove and replace or bring into conformance with the Contract Documents any materials and work found defective by testing and inspection personnel at no additional cost to the Owner. C. Adherence to Schedule: When the testing laboratory is ready to test according to the determined schedule but is prevented from testing or taking specimens due to incompleteness of the work, all extra costs attributable to the delay may be charged to the Contractor. END OF SECTION .r Sri 2004-146aa 01430 PAGE 2 vo 40 COULON BEACH PARK GANGWAY IMPROVEMENTS CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS SECTION 01500 40 PART 1 GENERAL 1.01 REQUIREMENTS INCLUDE: r A. Barriers B. Protection of Property • C. Erosion and Sediment Control D. Cleaning During Demolition E. Noise Control F. Automobile Parking G. Pollution Control 1.02 PROTECTION OF UTILITIES & PROPERTY A. The Contractor is responsible for location and protection of all existing utilities. The Contractor shall at its own expense carefully protect from injury trees (other than those authorized for removal under clearing operations), building, telephone, telegraph or power and light poles, water lines, conduit, drains, culverts or any other structures and improvements at no cost to the Owner, leaving them in as good condition as they were prior to his interference, determined by the Architect; and the Contractor shall be liable for any damages or claims arising from these interferences with said structures. The Contractor shall make every effort to avoid damage to or breaking of water mains or service pipes and shall be responsible for determining actual locations of public and private utilities in the field and checking with the appropriate agencies involved. The Contractor shall be solely responsible for any damage resulting from his operations. B. Coulon Beach Park will be open to the public during the Work, and the Contractor will make every effort to avoid disruptions and disturbances to public areas during construction. 1.03 BARRIERS A. Make provisions to prevent public entry to the site, and to protect existing sidewalks, plantings, and adjacent properties from damage by demolition operations. B. Provide temporary fencing and other installations as required to prevent public entry into wr the project area. The Contractor is responsible to protect the project area from unauthorized entry. +r C. Provide barricades as required by governing authorities for protection of the public in the public right-of-way. Maintain usable sidewalk access as much as practical during demolition operations. D. Provide for maintaining vehicular traffic around site, and prevent spillage of materials on public streets. ww rr 2004-146aa 01500 PAGE 1 COULON BEACH PARK GANGWAY IMPROVEMENTS CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS SECTION 01500 1.04 PROTECTION OF ADJACENT PROPERTIES A. Provide temporary protection of existing improvements in public ROW areas beyond the property lines. Protect improvements from demolition traffic and movement of heavy "r objects. B. Protect during the entire project: 1. Adjacent structures, sidewalks, and alley 2. Utilities adjacent to the site. 3. Trees and shrubs, except those to be removed. C. Repair or replace any damaged items. 1.05 EROSION &SEDIMENT CONTROL A. Set up temporary erosion control facilities as needed and required to prevent sediments entering into the existing storm water system and lake. B. Separate sedimentation from water before discharging into storm system. ■r 1.06 CLEANING DURING DEMOLITION A. Control accumulation of waste materials and rubbish dumping. Periodically dispose off- site in authorized dump sites. B. Clean adjacent public rights-of-way if necessary as a result of the contractors operations. +rr 1.07 FIELD OFFICES AND SHEDS Nei None required. 1.08 NOISE CONTROL A. Verify with City the allowable noise producing demolition work hours for each day of the week. Comply with local noise ordinances if more stringent than noted herein. B. In addition to the Noise Ordinance requirements, to reduce the noise impact of demolition on nearby properties, limit the hours of demolition to between 7:00 a.m. and 5:00 p.m. 1.09 AUTOMOBILE PARKING Workers' automobiles may be parked at Gene Coulon Memorial Beach Park in the secured staging area in the parking lot adjacent to the site. 2004-146aa 01500 PAGE 2 COULON BEACH PARK GANGWAY IMPROVEMENTS CONSTRUCTION FACILITIES, UTILITIES,AND TEMPORARY CONTROLS SECTION 01500 1.10 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by any construction operations. B. Excess dust created during demolition work shall be reduced to a minimum by spraying of water. �r END OF SECTION rr rr. �r 2004-146aa 01500 PAGE 3 +e COULON BEACH PARK GANGWAY IMPROVEMENTS TRAFFIC REGULATION SECTION 01570 do PART1 GENERAL 1.01 REQUIREMENTS INCLUDE A. Flagmen B. Flares and Lights C. Haul Routes D. Traffic Signs and Signals E. Removal F. Street Use Permits r PART2 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES r A. Traffic Cones and Drums, Flares, Lights and Traffic Control Barriers: As required by the City. B. Flagman Equipment: As required by the City. PART 3 EXECUTION 3.01 REFUSE CONTAINERS r Locate refuse containers on-site, where possible, to prevent interference with public traffic and public parking. 4W 3.02 FLAGMEN Provide trained and equipped flagmen to regulate traffic when construction operations or traffic encroach on public right of ways. 3.03 FLARES AND LIGHTS Use flares and lights during hours of low visibility to delineate traffic lanes and to guide vehicular and pedestrian traffic. 3.04 HAUL ROUTES Consult with City authorities, establish acceptable public thoroughfares to be used for haul routes and site access. r r 2004-146aa 01570 PAGE 1 w COULON BEACH PARK GANGWAY IMPROVEMENTS TRAFFIC REGULATION SECTION 01570 3.05 TRAFFIC SIGNS AND SIGNALS A. At approaches to site and on-site, install at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B. Relocate as Work progresses, to maintain effective traffic control measures. 3.06 REMOVAL Remove equipment and traffic control devices when no longer required. Repair damage caused by installation. 3.07 STREET USE PERMITS .r Obtain street use permits for the work, traffic revisions, and haul routes, as may be required. END OF SECTION 2004-146aa 01570 PAGE 2 m+ COULON BEACH PARK GANGWAY IMPROVEMENTS PRODUCT SUBSTITUTIONS SECTION 01630 im PART GENERAL im 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section specifies administrative and procedural requirements for handling requests for substitutions made after award of the Contract. 4W B. Requests for substitutions will not be considered until after award of the Contract. 1.03 DEFINITIONS A. Definitions used in this Article are not intended to change or modify the meaning of w. other terms used in the Contract Documents. B. Substitutions: Requests for changes in products, materials, equipment, and methods of construction required by Contract Documents proposed by the Contractor after award of the Contract are considered requests for"substitutions". The following are not considered substitutions: 1. Substitutions requested by Bidders during the bidding period, and accepted prior to award of Contract as directed by the Owner, are considered as included in the Contract documents and are not subject to requirements specified in this Section for substitutions. 2. Revisions to Contract Documents requested by the Owner or Owner's +w Representative. 3. Specified options of products and construction methods included in Contract w. Documents. 4. The Contractor's determination of and compliance with governing regulations and orders issued by governing authorities. 1.04 SUBMITTALS A. Substitution Request Submittal: Requests for substitution will be considered if received within 15 days after Notice to Proceed has been issued. Requests received more than 15 days after commencement of the Work may be considered or rejected at the discretion of the Owner's Representative. 1. Submit 3 copies of each request for substitution for consideration. Submit requests on the Substitution Request Form included at the end of this Section. 2004-146aa 01630 PAGE 1 COULON BEACH PARK GANGWAY IMPROVEMENTS PRODUCT SUBSTITUTIONS SECTION 01630 2. Identify the product, or the fabrication or installation method to be replaced in each request. Include related Specification Section and Drawing numbers. Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate: a. Product Data, including Drawings and descriptions of products, fabrication and installation procedures. b. Samples, where applicable or requested. C. A detailed comparison of significant qualities of the proposed substitution with those of the work specified. Significant qualities may include elements such as size, weight, durability, performance and visual effect. .r d. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by the Owner and separate Contractors that will become necessary to accommodate the proposed substitution. e. A statement indicating the substitution's effect on the Contractor's Construction Schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall Contract Time. f. Cost information, including a proposal of the net change, if any in the awarded Contract Price. g. Certification by the Contractor that the substitution proposed is equal to or better in every significant respect to that required by the Contract Documents, and that it will perform adequately in the application + indicated. Include the Contractor's waiver of rights to additional payment or time, that may subsequently become necessary because of the failure of the substitution to perform adequately. „r 3. Action of Owner's Representative: Within one week of receipt of the request for substitution, the Owner's Representative will request additional information or documentation necessary for evaluation of the request. Within 2 weeks of receipt of the request, or one week of receipt of the additional information or documentation, which ever is later, the Owner's Representative will notify the Contractor of acceptance or rejection of the proposed substitution. If a decision on use of a proposed substitute cannot be made or obtained within the time allocated, use the product specified by name. Acceptance will be in the form of a Change Order. 2004-146aa 01630 PAGE 2 COULON BEACH PARK GANGWAY IMPROVEMENTS PRODUCT SUBSTITUTIONS SECTION 01630 rw PART PRODUCTS ON 2.01 SUBSTITUTIONS A. Conditions: The Contractor's substitution request will be received and considered by the Owner's Representative when one or more of the following conditions are satisfied, as determined by the Owner's Representative; otherwise requests will be rrr returned without action except to record non-compliance with these requirements. 1. Extensive revisions to Contract Documents are not required. 2. Proposed changes are in keeping with the general intent of Contract documents. 3. The request is timely, fully documented and properly submitted. 4. The request is directly related to an "or equal" clause or similar language in wr the Contract Documents. 5. The specified product or method of construction cannot be provided within the Contract Time. The request will not be considered if the product or method cannot be provided as a result of failure to pursue the Work promptly or coordinate activities properly. 6. The specified product or method of construction cannot receive necessary approval by a governing authority, and the requested substitution can be approved. 7. A substantial advantage is offered the Owner, in terms of cost, time, energy conservation or other considerations of merit, after deducting offsetting responsibilities the owner may be required to bear. Additional responsibilities for the owner may include additional compensation to the Owner's Representative for redesign and evaluation services, increased cost of other construction by the Owner or separate Contractors, and similar considerations. 8. The specified product or method of construction cannot be provided in a manner that is compatible with other materials, and where the Contractor certifies that the substitution will overcome the incompatibility. �r 9. The specified product or method of construction cannot be coordinated with other materials, and where the Contractor certifies that the proposed substitution can be coordinated. wr 10. The specified product or method of construction cannot provide a warranty required by the Contract documents and where the contractor certifies that the proposed substitution provide the required warranty. 2004-146aa 01630 PAGE 3 1A. COULON BEACH PARK GANGWAY IMPROVEMENTS PRODUCT SUBSTITUTIONS SECTION 01630 B. The Contractor's submittal and Owner's Representative acceptance of Shop Drawings, Product Data or Samples that relate to construction activities not r complying with the Contract Documents does not constitute an acceptable or valid request for substitution, nor does it constitute approval. PART 3 EXECUTION NOT APPLICABLE END OF SECTION (AFTER FORM) log r w 2004-146aa 01630 PAGE 4 ■r COULON BEACH PARK GANGWAY IMPROVEMENTS PRODUCT SUBSTITUTIONS SECTION 01630 SUBSTITUTION REQUEST FORM Attention: Bill Rasmussen, Capital Project Coordinator Project: Coulon Beach Park Gangway Improvements Contractor: Date: We hereby submit for consideration the following product/material instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: wr Attach complete dimensional information and technical data, including laboratory tests, if applicable per section 01630, 1.04 Submittals. Include complete information on changes to Drawings and Specifications that proposed substitution will require for its proper installation. Submit with request all necessary samples and substantiating data to prove equal quality, performance, and appearance to that specified. Clearly mark Manufacturer's literature to indicate equality in performance. Indicate differences in quality of materials and construction. Fill in blanks below: Does the substitution affect dimensions shown on the Drawings? wr, YES NO If YES, clearly indicate changes: Does the substitution alter the Contract Sum for the project? YES NO If YES, clearly indicate the dollar amount of change and whether substitution is an addition to or subtraction from the awarded Contract Price. w. 2004-146aa 01630 PAGE 5 err we COULON BEACH PARK GANGWAY IMPROVEMENTS PROJECT CLOSE-OUT SECTION 01700 PART 1 GENERAL 1.01 SCOPE err At or near completion of construction of the project, certain items, or work and submittals as specified elsewhere, are required prior to the Owner's acceptance and final payment for the project which include, but are not limited to, the following; and as outlined in Paragraph 1.10 of this Section. 1.02 CLEAN UP Exterior Surfaces: Remove construction equipment and temporary facilities from premises; clean and disinfect areas occupied by sanitary conveniences; remove temporary connection to services and restore to "original" condition. Remove all construction debris and excess materials. Complete all final maintenance requirements and leave all pavements within the limits of work in a broom clean condition. 1.03 GUARANTEES �r A. Provide one year warranty in writing. B. Guarantees and warranties shall begin at the time specified in the Owner's letter of substantial completion. r 1.04 PROJECT RECORD The contractor is to mark set of drawings to show accurate measurements of all underground and hidden utilities and services related to the project; record all changes of direction and locations and dimensions and elevations. Clearly mark set as "Record Documents: Contractors' Set" and maintain in good condition, available at all times for inspection by Owner and not used for construction purposes. Upon completion of the project and before final payment, the Contractor shall forward the Record Documents showing clearly all "as-built" notations including dimensions to accurately locate all of the above including changes, to the Owner. The recording of information is the responsibility of the Contractor and shall be done at no additional cost to the Owner. 1.05 OPERATION & MAINTENANCE DATA General Building Manual: Furnish three finished copies of manual listing Contractor and subcontractors, including addresses and telephone numbers and name of contact person, all materials installed in the irrigation system. Include manufacturer's and suppliers' names, addresses, phone numbers, contact persons, and model numbers; all pertinent data required for replacement ordering or duplication at later date; list in order of how specified on typewritten 8-1/2 x 11 inch pages. Bind in hardback, cloth-covered binding with name of project, date of completion and acceptance and Owner's name, address and telephone number imprinted on cover. Deliver to Owner at time of acceptance of the work. 200-146aa 01700 PAGE 1 w. COULON BEACH PARK GANGWAY IMPROVEMENTS J0 PROJECT CLOSE-OUT SECTION 01700 1.06 FINAL INSPECTION A. In accordance with the General Conditions, and after receipt of written notice that the work is ready for final inspection and acceptance and receipt of the final application for payment, the Owner will make such inspection in the presence of the Contractor and furnish the Contractor with a "Punch List" of any items found incomplete or not in conformance with the contract documents. The Contractor shall remedy such defects within 30 days of his receipt of the list and the Owner will make one subsequent inspection of the work. B. Should correction not be made within the allotted 30 days and should additional inspections of the work be required due to failure of the Contractor to „ remedy defects listed, the Contractor shall pay to the Owner the cost of any additional Engineer's construction management costs on their published per hour rate of the actual cost of the expenses, plus travel expenses by private automobile at the rate of 32.0 cents per mile. Such sum shall be deducted from the Contractor's final payment. When the Owner finds the work acceptable under the final certificate for payment stating that, to the best of his knowledge, information and belief, and the basis of his observations, the work has been completed in accordance with the terms and conditions of the contract documents, then the entire balance found to be due to the Contractor, and noted in said final certificate less amounts indicated above, is due and payable in accordance with the General Conditions. 1.07 CORRECTION OF WORK DURING GUARANTEE PERIOD A. Corrections: Where items on the Owner's "Punch List" have not been corrected prior to expiration of the specified guarantee period, it shall nevertheless be the responsibility of the Contractor to permanently correct said items after the specified guarantee period, and the Contract shall not be fully performed until such permanent corrections are made. B. Guarantee Period: All corrective work performed by the Contractor in remedying defective work during the guarantee period following the Owner's acceptance of the project shall be subject to the same guarantee requirements of the original work for a period as specified for the original work, from the date of completion of the corrective work. Further, the Contractor shall pay to the City for the Owner the amounts noted in paragraph 1.06 for inspections to assure performance of remedial work in accordance with Contract Documents. Such payment shall be immediately reimbursed to the Ownerupon receipt by the Contractor of an itemized billing. 1.08 PROJECT CLOSE-OUT PROCEDURES CHECKLIST: RESPONSIBILITY The contractor shall provide those OF. items so specified as his responsibility. Owner 1. Preliminary Punch List Owner 2. Beneficial Occupancy 200-146aa 01700 PAGE 2 COULON BEACH PARK GANGWAY IMPROVEMENTS PROJECT CLOSE-OUT SECTION 01700 RESPONSIBILITY The contractor shall provide those OF. items so specified as his responsibility. Owner 3. Beneficial Occupancy or Final Contractor 4. Acceptance, accept responsibility for: a. Insurance b. Utilities Owner 5. Final Punch List Contractor 6. 100% Completion of Specification Requirements a. Clean-up 1, b. Guarantees &Warranties C. Test Results d. As-Built Dwgs. by Contractor e. Maintenance & Instruction Manuals f. Keying Schedules Contractor 7. Final Billing/100% (all items complete) Contractor 8. State Tax Release & Certificate of Payment of B&O Tax rr Contractor 9. Intent to pay Labor and Industries a. Applied for by Contractor on b. Received on Owner 10. Acceptance of Work Letter Owner 11. City Council Final Acceptance Owner 12. Final Acceptance Letter (identifying warranty date) Owner 13. Lien Documentatin —45 days after Final Acceptance a. Certification of No Liens Contractor 14. Cert. of Occupancy issued by Permit Agency Contractor 15. Final Affidavit of Wages Paid Contractor 16. Dept. of Labor& Industries a. Insurance Release b. Workmen's Compensation Release 200-146aa 01700 PAGE 3 COULON BEACH PARK GANGWAY IMPROVEMENTS PROJECT CLOSE-OUT SECTION 01700 RESPONSIBILITY The contractor shall provide those OF. items so specified as his responsibility. Contractor 17. Affidavit of Payment of Debts and Claims (AIA G706) Contractor 18. Affidavit of Release of Liens (AIA G706A) w Contractor 19. Certificate of State Sales Taxes Paid Contractor 20. Consent of Surety to Final Payment (AIA G707) 4 Owner 21. Notice of Completion &Acceptance (Exec. Sig.) Owner 22. Processing of Retainage Payment begins a minimum of 45 days following date of Final Acceptance a. After Certification of Compliance is filed b. After Release from State Dept of Labor& Industries C. After Release from State Employment Security Dept d. After Release from State Dept of Revenue e. After Receipt of all approved Affidavit Wages Paid from Contractor 1.09 CERTIFICATE OF COMPLIANCE No final payment shall be made until the Contractor shall file with the City of Renton prior to acceptance of the work, a Certification of Compliance and release of liens in forms substantially as follows: I (we) hereby certify that all work has been performed and materials supplied in accordance with the plans, specifications and contract documents for the COULON BEACH PARK GANGWAY IMPROVEMENTS, and that: a. Not less than the prevailing rates of wages as ascertained by the governing body of the contracting agency has been paid to laborers, workmen and mechanics employed on this work; b. There have been no unauthorized substitutions of subcontractor; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the Owner prior to the start of such subcontracted work; C. No subcontract was assigned or transferred or performed by any subcontractor other than the original subcontractor, without prior notice having been submitted to the Owner together with the names of all subcontractors; 200-146aa 01700 PAGE 4 10 COULON BEACH PARK GANGWAY IMPROVEMENTS PROJECT CLOSE-OUT SECTION 01700 d. All claims for material and labor and other services performed in connection with the contract documents have been paid; and for those claims for which liens have been filed, a release of lien has been filed with the Owner; e. All moneys due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund, the State Department of Revenue, hospital associations and/or others have been paid; f. The nature and source of all off-shore items in excess of Two Thousand Five Hundred Dollars ($2,500.00) utilized in the performance of this project have been reported; g. All provisions of nondiscrimination as called for in the contract documents have been complied with. 1.10 FINAL APPLICATION FOR PAYMENT Submit final Application for Payment in accordance with procedures and requirements of Owner. a. Submit"Affidavit of Wages Paid"from Contractor and all subcontractors. b. Lien waiver from General Contractor for entire contract. C. Proof of Payment of taxes from the State Dept of Revenue END OF SECTION wr r rr rr +w. 200-146aa 01700 PAGE 5 TECHNICAL SPECIFICATIONS DIVISIONS 2 9 3 & 5 COULON BEACH PARK GANGWAY IMPROVEMENTS SITE DEMOLITION SECTION 02050 rr PART 1 —GENERAL 1.01 SUMMARY A. Where the plans call for demolition of an item, the item shall be completely removed from the site and disposed of in a legal manner. t"' B. Work specified in this section includes, but is not limited to, the following: 1. Demolition and removal of existing gangways. 2. Demolition and removal of handrails. im 3. Demolition and removal of portions of existing gangways. 4. Proper disposal of all permanently removed materials. r C. The other contract documents complement the work of this section. D. Requirements of the General and Special Conditions and Division 1 apply to the work of this section. 1.02 RELATED SECTIONS Coordinate all work with other sections of the Project Manual, and adhere to pertinent section of the references in 1.03 and the general notes on the contract drawings. 1.03 REFERENCES A. WSDOT-APWA, M41-10: 2002 Standard Specifications for Road, Bridge, and Municipal Construction. 1.04 PERMITS Permits, fees and inspections are to be obtained by the Contractor at no additional cost to the Owner. 1.05 SUBMITTALS A. Submit demolition procedures and operational sequence. Include permits for transport and disposal of debris. B. In accordance with Division 1, submit as-built record drawings indicating locations of utility lines and related appurtenances. 1.06 DIMENSIONS AND LAYOUT A. The Contractor is responsible for review of Owner's records relative to the existing utilities. The Contractor is responsible to avoid damaging existing facilities and shall repair all damaged utilities at no cost to the Owner. B. The Contractor is to notify the Owner's representative immediately of any utilities encountered that are not shown on the Owner's record. 2004-146aa 02050 PAGE 1 COULON BEACH PARK GANGWAY IMPROVEMENTS SITE DEMOLITION SECTION 02050 1.07 SEQUENCING AND SCHEDULING A. Sequence and schedule the work of this Section with other work of this contract. B. Existing utilities must remain in service at all times. PART 2—PRODUCTS Not used. PART 3— EXECUTION 3.01 EXAMINATION A. Demolition shall be as required for the installation of contract work. The Contractor shall be responsible for protection and proper storage of materials. All costs associated with replacement of damaged materials shall be at no cost to the Owner. B. Promptly remove and dispose, in a legal manner, demolished materials. Stockpiling that does not meet grading, safety and health requirements of applicable codes, creates a nuisance problem, or poses a threat to public or private properties will not be allowed. 3.02 EROSION/POLLUTION CONTROL Required erosion/pollution control facilities in accordance with the attached permits shall be in place prior to beginning the work of this section. 3.03 SCHEDULES A. Removal of structures and obstructions shall be in accordance with WSDOT- APWA Section 2-02. 3.04 CALL BEFORE YOU DIG Contractors are responsible for timely advance notification to utility owners and locator service for any construction in right-of-way or utility easements. The utilities one-call Underground Location Center phone number is 1-800-424-5555. A minimum of two working days (48 hours) advance notice is required. 3.05 CLEAN-UP € A. Upon completion of the work of this section, remove rubbish, trash, and debris resulting from operations. B. Remove equipment and tools; leave site in a neat and orderly condition. END OF SECTION 2004-146aa 02050 PAGE 2 to COULON BEACH PARK GANGWAY IMPROVEMENTS CAST-IN-PLACE CONCRETE SECTION 03300 PART 1 —GENERAL 1.01 SUMMARY A. Where the plans call for steel items, the items shall be as shown on the contract drawings or as required by the references in 1.03. B. Work specified in this section includes, but is not limited to, the following: 1. Gangway Approach Slab 2. Gangway Support Closure C. The other contract documents complement the work of this section. D. Requirements of the General and Special Conditions and Division 1 apply to the work of this section. 1.02 RELATED SECTIONS Coordinate all work with other sections of the Project Manual, and adhere to pertinent section of the references in 1.03 and the general notes on the contract drawings. More specifically, as a minimum, this work shall comply with Section 6-02 of the WSDOT Standard Specifications of 1.03. 1.03 REFERENCES A. WSDOT-APWA, M41-10: 2002 Standard Specifications for Road, Bridge, and Municipal Construction. r. 1.06 SUBMITTALS A. General: Submit the following according to the Conditions of the Contract and Division 1 specification sections. B. Product data including, but not limited, to the following: 1. Concrete Mix Design err 2. Concrete Strength Verification 1.07 SEQUENCING AND SCHEDULING r A. Sequence and schedule the work of this section with other work of this contract. „ PART 2—PRODUCTS 2.01 MATERIALS Materials for cast-in-place concrete shall be as shown on the contract drawings. PART 3— EXECUTION 3.01 EXAMINATION it Investigate and verify existing conditions are adequate for concrete installation. END OF SECTION 2004-146aa 03300 PAGE 1 ift COULON BEACH PARK GANGWAY IMPROVEMENTS METAL FABRICATIONS SECTION 05500 PART 1 —GENERAL 1.01 SUMMARY A. Where the plans call for steel items, the items shall be as shown on the contract drawings or as required by the references in 1.03. f" B. Work specified in this section includes, but is not limited to, the following: 1. Handrails 2. Skid plates and attachments ift 3. Concrete cap connections and attachments 4. Gangway support attachments 5. Existing gangway modifications go C. The other contract documents complement the work of this section. W D. Requirements of the General and Special Conditions and Division 1 apply to the work of this section. 1.02 RELATED SECTIONS Coordinate all work with other sections of the Project Manual, and adhere to pertinent section of the references in 1.03 and the general notes on the contract drawings. More specifically, as a minimum, this work shall comply with Section 6-03 of the WSDOT Standard Specifications of 1.03. 1.03 REFERENCES A. WSDOT-APWA, M41-10: 2002 Standard Specifications for Road, Bridge, and Municipal Construction. 1.06 SUBMITTALS A. General: Submit the following according to the Conditions of the Contract and Division 1 specification sections. im B. Product data including, but not limited, to the following: 1. Material Certifications 2. Welding Certifications for Welders 1.07 SEQUENCING AND SCHEDULING Sequence and schedule the work of this Section with other work of this contract. PART 2— PRODUCTS 2.01 MATERIALS Materials for metal fabrications shall be as shown on the contract drawings. 2004-146aa 05500 PAGE 1 COULON BEACH PARK GANGWAY IMPROVEMENTS METAL FABRICATIONS SECTION 05500 PART 3—EXECUTION 3.01 EXAMINATION Investigate and verify existing conditions are adequate for metal fabrication installation. END OF SECTION .r 2004-146aa 05500 PAGE 2 ' COULON BEACH PARK GANGWAY IMPROVEMENTS GANGWAYS SECTION 05999 rr PART 1 —GENERAL 1.01 RELATED DOCUMENTS Drawings and general provisions of the contract, including General and Supplementary Conditions and Division 1 specification sections, apply to this section. 1.02 RELATED SECTIONS Coordinate all work with other sections of the Project Manual, and adhere to pertinent section of the references in 1.03 and the general notes on the contract drawings. 1.03 REFERENCES A. WSDOT-APWA, M41-10: 2002 Standard Specifications for Road, Bridge, and Municipal Construction. 1.04 SUMMARY This section includes all labor and materials to design, fabricate and install the gangways as shown on the contract drawings. The submitted gangway shop drawings and calculation package shall be signed by a registered engineer in the state of Washington. 1.05 SYSTEM PERFORMANCE REQUIREMENTS The design and fabrication criteria shall meet or exceed the requirements as shown on the contract drawings. 1.06 SUBMITTALS ++ A. General: Submit the following according to the Conditions of the Contract and Division 1 specification sections. err B. Product data including, but not limited, to the following: 1. Aluminum materials 2. Flooring material and attachment devices 3. Isolation components 4. Toe skids C. Gangway design package including, but not limited, to the following: 1. Design criteria 2. Major component stresses 3. Major connection 4. Connection details 5. Hand rails D. Maintenance data for inclusion in "Operating and Maintenance Manual' specified in Division 1 section "Contract Closeout"for the following: 1. Skid materials 2. Transition plate 3. Gangway hangers with isolators rre 2004-146aa 05999 PAGE 1 +rr COULON BEACH PARK GANGWAY IMPROVEMENTS GANGWAYS SECTION 05999 1.07 PROJECT CONDITIONS The Contractor is responsible to perform a site investigation to verify the adequacy of its design and installation potential for each new gangway location. The Contractor shall verify that the gangway may be installed in compliance with original design and referenced standards. 1.08 SEQUENCING AND SCHEDULING Coordinate gangway work with Owner as required to eliminate conflicts with park visitor and/or employee activities. PART 2— PRODUCTS 2.01 MATERIALS Materials for gangways shall be as shown on the contract drawings. Wr PART 3— EXECUTION 3.01 EXAMINATION Investigate and verify existing conditions are adequate for gangway installation. 3.02 FABRICATION Submission and fabrication of gangways shall be in accordance with WSDOT-APWA Section 6-01. 3.03 INSTALLATION The deadload of the new proposed gangways will be greater than the existing gangways. When installed the existing float system will list because of the additional load. The Contractor shall provide supplementary floatation billets as described in the general notes to provide adequate floatation to make the existing float achieve a level deck under static dead load conditions. The Contractor shall provide a plan, for approval, to secure the additional floatation to the underside of the existing system. See the attached drawings for existing float details. END OF SECTION 2004-146aa 05999 PAGE 2 08/31/04 TUE 10:00 FAX 425 430 6603 RENTON COMMUNITY SRVCS 2002 COULON BEACH PARK GANGWAY IMPROVEMENTS SYNOPSIS OF BIDDING INFORMATION SECTION 00020 1. PROJECT: COULON BEACH PARK GANGWAY IMPROVEMENTS 1201 Lake Washington Blvd_ North Renton, WA 98055 2. OWNER: City of Renton 1055 South Grady Way Renton, WA 98055 3. OWNER'S REPRESENTATIVE: Bill Rasmussen, Capital Project Coordinator Community Services Administration Renton City Hall, 5t' Floor 1055 South Grady Way Renton, WA 98055 Phone(425) 430-6617 FAX (425) 430-6603 4- , BIDS DUE: Tuesday, September 14, 2004, by 2.3012M Renton City Hall -Seventh Floor—Office of the City Clerk After bids are received and time-stamped by the City Clerk, the bids will be opened In Conference Room#521 on the Fifth Floor of City Hall. 5. TENTATIVE SCHEDULE OF WORK: The following dates represent the tentative schedule for the Work to be performed under this contract: Plans Available for Bidding Tuesday, August 31, 2004 Pre-Bid Site Walk-Thru Thursday, September 9, 004, +Q Alm Bids Due by 2:30 PM Tuesday, September 14, 2004 Commence Construction Work Upon contract completion 6. TIME OF CONSTRUCTION: One hundred (100) calendar days. No construction is permitted during the lead time. Liquidated damages thereafter at fifty dollars ($50) per day. I 2004-146aa 00020 PAGE 1 COULON BEACH PARK GANGWAY IMPROVEMENTS f BID FORM SECTION 00310 FORM OF PROPOSAL ( BID ) for the COULON BEACH PARK GANGWAY IMPROVEMENTS 1201 Lake Washington Blvd. North Renton, Washington Bids Due: 2:30 P.M., Tuesday, September 14, 2004 To: Renton City Hall City Clerk, Seventh Floor 1055 South Grady Way Renton, WA 98055 The undersigned hereby certifies that they have carefully examined the Contract Documents as defined in the General Conditions entitled "Coulon Beach Park Gangway Improvements," Renton, WA and have examined the site of the work and the locations where said work is to be done, and fully understands the manner in which payment is proposed to be made for the cost thereof, hereby proposes to furnish all materials/equipment and to perform all labor that may be required to complete said work within the time fixed, and upon the terms and conditions provided in said Contract Documents for consideration of the following amounts. The following breakdown of the Total Bid Amount is to be given. The price breakdown shall be fairly apportioned to the various parts of the work and shall meet with the Owner's approval. If so requested by the Owner, the successful bidder shall substantiate any price or prices with additional detailed price breakdown. Any discrepancy between the written Total Bid Amount stated in the preceding TOTAL BID AMOUNT and the arithmetic total of the components hereinafter set forth, shall be grounds for rejection of the bid. 2004-146aa 00310 PAGE 1 COULON BEACH PARK GANGWAY IMPROVEMENTS BID FORM SECTION 00310 4 A. BASE BID SCHEDULE ITEM APPROX. NAME OF PAY ITEM WITH UNIT AMOUNT(inc.WSST) NO. QUANTITY BID PRICE WRITTEN IN WORDS DOLLARS CENTS 1 ALL REQ'D Area 1: Lump Sum 2 ALL REQ'D Area 2: Lump Sum 3 ALL REQ'D Area 3: Lump Sum 4 ALL REQ'D Area 4: Lump Sum TOTAL AMOUNT OF BASE BID TOTAL BID AMOUNT IN WORDS B. DEDUCTIVE BID SCHEDULE ITEM APPROX. NAME OF PAY ITEM WITH UNIT AMOUNT(inc.WSST) NO. QUANTITY BID PRICE WRITTEN IN WORDS DOLLARS CENTS A ALL REQ'D Area 1: Lump Sum B ALL REQ'D Area 2: Lump Sum C ALL REQ'D Area 3: Lump Sum D ALL REQ'D Area 4: Lump Sum 2004-146aa 00310 PAGE 2 (r COULON BEACH PARK GANGWAY IMPROVEMENTS 1 BID FORM SECTION 00310 C. PRINCIPAL SUBCONTRACTORS: The undersigned proposes to use the following subcontractors to complete the work as shown on the drawings and described in the specifications. FIRM TASK VALUE OF WORK D. CONDITIONS OF PROPOSAL: DETERMINATION OF THE LOW BIDDER: The owner reserves the right to "Award a Contract"to the Contractor submitting the lowest bid within the funds available for work included in the Total Base Bid and in whatever manner is in the Owner's best interest. E. PERIOD OF BID VALIDITY/ACCEPTANCE OF BID 1. BID VALIDITY The undersigned hereby agrees that this BID as described in paragraph "A" shall be valid and firm offerings for the period of forty-five (45) days from closing time for the "Receipt Of Bids." 2. BID ACCEPTANCE Acceptance of Bid: Within forty-five (45) days after the opening of Form Of Proposal, the City will act either to accept the Proposal from the lowest responsive, responsible Bidder, or to reject all Bids. The City reserves the right to request extensions of such Bid acceptance period. The acceptance of a Bid will be evidenced by a written Notice of Intent to Award Contract to the Bidder whose Bid is under consideration for acceptance, together with a request to furnish a bond, evidence of insurance to execute the agreement set forth in the Contract Documents, and other designated documents. F. EXECUTION OF CONTRACT 1. If written "Notice of Intent to Award Contract" is mailed, telegraphed, facsimile, or delivered to the undersigned within the "period of Bid Validity" noted above, or any time thereafter before this Bid is withdrawn, the undersigned will, within ten (10) days after the date of such notification, execute a Contract in the form of the AIA Document A101 "STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR - STIPULATED SUM", 1997 edition. 2004-146aa 00310 PAGE 3 COULON BEACH PARK GANGWAY IMPROVEMENTS t BID FORM SECTION 00310 2. If the business is a Corporation, name of the corporation should be listed in full and both President and Secretary must sign the contract, OR if one signature is permitted by Corporation by-laws, a copy of the by-laws shall be furnished to the City and made a part of the contract document. If the business is a partnership, full name of each partner should be listed, followed by d/b/a (doing business as) and firm or trade name; any one partner may sign the contract. If business is an Individual Proprietorship, the name of the owner should appear, followed by d/b/a and the name of company. G. TIME FOR COMPLETION The undersigned hereby agrees to "FINAL COMPLETION" of all Work outlined in the Contract Documents within one hundred (100) calendar days after receipt of Notice to Proceed. H. LIQUIDATED DAMAGES If the Contractor fails to complete the Work by the FINAL COMPLETION DATE (or such extension of that date which might be granted by the Owner), he agrees to abide by all provisions of the Contract including Section 01700—Project Administration and Closeout. In addition, Liquidated Damages in the amount of Fifty Dollars ($ 50.00)will be assessed for each calendar day that the Contractor exceeds the "FINAL COMPLETION DATE." I. ADDENDUM RECEIPT Receipt of the following "ADDENDA"to the CONTRACT DOCUMENTS is acknowledged: Addendum No. Date Addendum No. Date Addendum No. Date 2004-146aa 00310 PAGE 4 COULON BEACH PARK GANGWAY IMPROVEMENTS BID FORM SECTION 00310 J. 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. NOTE: If a Bidder is a corporation, write state of incorporation; and if a partnership, give full names and addresses of all partners below: The undersigned certifies that the above is a firm and valid BID to accomplish all Work and comply with all requirements of the Contract Documents. Date Signature Signed Printed Title K. ENCLOSURES PROVIDED BY CONTRACTOR The Contractor shall provide the following enclosure with this Form of Proposal: 1. Non-Collusion Affidavit (located in this Specification Section 00400). 2. Assignment of Antitrust Claims To Purchaser (located in this Specification Section 00400). 3. Minimum Wage Affidavit Form, (located in this Specification Section 00400). 4. Statement of Bidder's Qualifications (located in this Specification Section 00420). 5. Bid Bond Form (located in this Specification Section 00500). END OF BID FORM 2004-146aa 00310 PAGE 5 r COULON BEACH PARK GANGWAY IMPROVEMENTS 1 NON-COLLUSION AFFADAVIT/MINIMUM WAGE FORM SECTION 00400 NON-COLLUSION AFFIDAVIT Being duly swom,deposes and says,that he is the identical person who submitted the forgoing proposal or bid,and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named,and further,that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid,or any other person or corporation to refrain from bidding,and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over the other Bidder or Bidders. AND CERTIFICATION RE:ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually bome by the purchaser. Therefor,vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract,except as to overcharges resulting from anti-trust violations commencing after the date of the bid,quotation,or other event establishing the price under this order or contract. In addition,vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser,subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I,the undersigned,having been duly swom,deposed,say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer,workman,or mechanic employed in the performance of such work;not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract:that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: NON-COLLUSION AFFIDAVIT,ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT: COULON BEACH PARK GANGWAY IMPROVEMENTS Name of Bidders Firm Signature of Authorized Representative of Bidder Subscribed and swom to before me on this day of .2004. Notary Public in and for the State of Washington Residing at: END OF SECTION 2004-146aa 00400 PAGE 1 r COULON BEACH PARK GANGWAY IMPROVEMENTS I STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 STATEMENT OF BIDDERS QUALIFICATIONS Name of Contractor........................................................................................................................................... Address: ........................................................................................................................................... ........................................................................................................................................................... PhoneNumber. ................................................. Fax: ................................................. Washington State Department of Labor and Industries Workmen's Compensation Account No.: ........................................................................................................................................................... Washington State Department of Licenses Contractor's Registration No..................................................................................................................................................... Expiration Date: ......................... Number of years the contractor has been engaged in the construction business under the present firm name indicated:................................................. Gross dollar amount of work under contract: ................................................................................ Gross dollar amount of contracts not completed: .......................................................................... Type of work generally performed by contractor: ......................................................................... ........................................................................................................................................................... List of five public projects of a similar nature which have been completed by the contractor within the last five years and the gross dollar amount of each project: Bid Contact& Year Project Name Agency Phone No. Completed Amount .................................... ....................................... ................................ ................. ................... .................................... ....................................... ................................ ................. ................... .................................... ....................................... ................................ ................... .................................... ....................................... ................................ ................... .................................... ....................................... ................................ ................. ................... 2004-146aa 00420 PAGE 1 ti COULON BEACH PARK GANGWAY IMPROVEMENTS STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 List of major pieces of equipment which are owned by the Contractor and which will be available and required for use on this project: ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... BankReferences:............................................................................................................................... .......................................................................................................................................................... Have you changed bonding companies within the last three years................................................... Ifso,why? (Optional): ................................................................................................................... .......................................................................................................................................................... Have you ever sued or been sued by the client on any public works contract for a special district, municipality, county, or state government? ..................................................................................... Who? ............................................................................................................................................... Forwhat reason: .............................................................................................................................. ........................................................................................................................................................... ........................................................................................................................................................... Disposition of case, if settled: ............................................................................................................ ........................................................................................................................................................... Name of Superintendent to be used on the project and how long with your company:..................... ........................................................................................................................................................... Bidder: ............................................................................................. (Printed Name of Bidder) By: ................................................................................................ (Signature of Authorized Official) Title: ................................................................................................ END OF SECTION 2004-146aa 00420 PAGE 2 f COULON BEACH PARK GANGWAY IMPROVEMENTS / BID BOND FORM SECTION 00500 Herewith find deposit in the form of a certified check, cashier's check, cash, or bid bond in the amount of$ , which amount is not less than five percent of the total bid. Sign here: Know All Men by These Presents: That we, as Principal, and as Surety, are held and firmly bound until the City of Renton, as Obligee, in the penal sum of Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. 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