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R-2004-058 KDF Architecture, Inc. Agreement (re: Capitol Theater improvements)
RESOLUTION NO. R-2004-58 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an architectural services agreement with KDF Architecture, Inc. to provide architectural services for improvements to the Capitol Theatre. WHEREAS, the Washington State Legislature in Laws of 2003, First Special Session, Chapter 26 (Section 151) made an appropriation to support the Local and Community Projects Program and directed the Washington State Department of Community, Trade, and Economic Development ("Department") to administer those funds; and WHEREAS, the enabling legislation stipulated that $500,000.00 was thereby appropriated for the Capitol Theatre in Yakima, Washington; and WHEREAS, the City of Yakima is the owner of the Capitol Theatre; and WHEREAS, the Capitol Theatre requires additional restrooms, modifications to guardrails, renovations of the heating and cooling systems, and other improvements; and WHEREAS, to make improvements to the Capitol Theatre it is necessary to have an architect prepare designs and provide other services; and WHEREAS, KDF Architecture, Inc. has the experience and expertise necessary to provide such architectural services and is willing to do so in accordance with the attached architectural services agreement; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to authorize execution of the attached architectural services agreement with KDF Architecture, Inc. for architectural services regarding improvements to the Capitol Theatre, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Abbreviated Standard Form of Agreement Between Owner and Architect" between the City of Yakima and KDF Architecture, Inc. for the provision of architectural services to improve the Capitol Theatre. ADOPTED BY THE CITY COUNCIL this 13thday of April, 2004. ATTEST: CW,1 Paul P. George, Mayor City Clerk December 7, 2004 Glenn Rice, Assistant City Manager City Manager's Office City of Yakima 129 North 2nd Street Yakima, WA 98901 FEE PROPOSAL Re: Capitol Theatre Phase 1 Renovations Extra Service Fee Proposal for HVAC Controls Modifications Project No. 200349.03 Dear Glenn: All work related to changing contractors for the HVAC controls is not included in our original contract. Therefore, KDF proposes to provide construction administration services to switch the controls work to DIVCO and delete the controls work from Moen's contract. This includes all meetings and paper work required to make this change. The proposal also includes any work with DIVCO to include additional controls. At your request we have reevaluated our compensation for these services and are willing to reduce the fee to a lump sum of $1,400. This is a reduction of $900. Reimbursable expenses will be applied as noted in our basic services contract. If this meets with your approval, please sign below and return two copies to our office. Sincerel Den . Dean Senior Associate, Architect AIA Accepted By; Name Roi' Principal, tect AIA L:\200349 Capitol Theatre Ph 1\Contracts\Fee proposal 120704 Controls.wpd KDF Architecture 1310 North 16th Avenue Yakima, WA 98902-1354 www kdfarchitecture.com voice 509-575-5408 fax 509-453-0293 Rod Knipper AIA David C. Franklund AIA Senior Assoc. Brian J Anciringa AIA Dennis W Dean AIA 1997 Edition - Electronic Format MONA AIA Document B151 - 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the 13th day of April in the year 2004 (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) City of Yakima 129 North 2nd Street Yakima. WA 98901 and the Architect: (Name, address and other information) KDF Architecture. Inc. 1310 N. 16th Avenue Yakima, WA 98902 For the following Project: (Include detailed description of Project) The Capitol Theatre. Phase I Renovations 19 South Third Street Yakima, Washington 98901 KDF Project No. 200349.00 For Phase I Renovations Scope of Work see Attachment B, letter to Glenn Rice. dated March 26, 2004. The Estimate of Probable Construction Cost for these items is $357,000.00 (see Attachment C Estimate of Probable Construction Cost). This scope does not include evaluating the existing facility for code compliance. The Owner and Architect agree as follows. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. The Architect designates Rod Knipper, Principal; Dennis Dean, Project Manager to act on behalf of the architect with respect to the project. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING. Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document: 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. ©1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N W Washington, D C. 20006-5292 1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architcct-ball advise the Owncr-e€ any_adjustments-to the prcliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document- 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D C. 20006-5292 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 6o days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A2o1, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (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 deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.5.1 The number of site visits for Architect and Consultants included in basic services are shown under Article 12.5. 2.6.5.2 The Owners representatives may conduct on-site inspections. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document. 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N W Washington, D C. 20006-5292 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (i) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (i) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.10 The Architect shall havc authority to rcjcct will consult with the Owner concerning the advisability of rejecting Work that does not conform to the Contract Documentswhich comes to the attention of the Architect. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.11 The Architect shall review and approve accept 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 shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document: 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 ©1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval review of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters make recommendations concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality -t either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to mediation antl arbitration as provided in this Agreement and in the Contract Documents. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document. 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 3.3.1 are: CONTINGENT ADDITIONAL SERVICES Making revisions in drawings, specifications or other documents when such revisions 1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document. 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document: 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 MINESUI ©1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D C. 20006-5292 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 6o days after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97b151oa.aia -- 4/2/2004 AIA License Number 1006341, which expires on 4/30/2004. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 ©1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 The Owncr - Parties shall provide one another prompt written notice to the Architcct if thc-Owner -beeemes they become aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No Fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97b151oa.aia -- 4/2/2004 AIA License Number 1006341, which expires on 4/30/2004 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. MINN ©1997 AIA® AIA DOCUMENT 13151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N W Washington, D.C. 20006-5292 construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document. 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004. 10 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 MIME 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D C. 20006-5292 prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration -or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may -be made concurrently -with -the g -of -a dcmand for arbitration but, -fit -strek event, - mcdiation shall procccd in advance of arbitration or legal or equitable proceedings, which shall be -stayed ng-rnediation-fer-a-peried-o€-60 days-frarri the date of filing, unless stayed for a longer period by agrccment of the parties or court order. A demand for mediation shall be made within a reasonable time after the claim. dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statue of limitations. 7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ©1997 AIA® AIA DOCUMENT B151-1997 ARB RATION ABBREVIATED OWNER -ARCHITECT 772-4 Any claim, disputer other matter -it question -arising out -o€ -or related -to this -AGREEMENT Ag cement -shall -be -subject-to arbitration. Prior -to arbitration, the parties -shall endeavor -to - resolve disputes by mediation in accordancc with Paragraph 7.1. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document. 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004. 11 7.2.2 Claims, disputes and other -matters -in qucstion between the partics -that -are not resolved -by mediation -shall -be dccided-by arbitration which, unless the partics mutually agree otherwise; -shall -be -irr accordance -with the Construction Industry Arbitration Rules -of the AmcricanArbitration-Assoeiation currently -int effect. The demand -for arbitration -shall -be -filed writing -with -the other -party -to this Agrccment and with the American Arbitration Association. 7.2.3 A for arbitration shall -be made -within-a reasonable -time after the claim, - dispute -or othcr matter -in qucstion has arisen. -In -no event shall the demand -for -arbitration -be - made -after the date when -institution-of-legal-or equitable-preeeedingstsed-ott-streh claim, 7.2.4 Ne -arbitration arising -ctrl -of -or relating -to this Agrccment Miall include, by eonsolidation-or joinder -or -it any othcr manner, -art -addition -al person -or entity not -a -party -to this Agrccment, except -by written consent containing -a specific reference -to this Agreement and -signed by -the Owner, Architect, and any othcr person -or entity -to -be joined. - Consent -to arbitration alvtng-ant adl itional person -or entity -shall not constitute consent -to arbitration -of any claim, -dispute -or othcr matter -iit question not dcscribcd -in the -written - conscnt or with a person or cntity not named or dcscribcd therein. The foregoing agreement to arbitrate and other agreements -to arbitrate -with -a tuitional person -or entity duly conscnted to -by partics-to this Agreement -shall -he specifically enforceable -in accordance -with applicable law in any court having jurisdiction thcrcof. 7.2.5 The award rendered -by the -arbitrator -or arbitrators -shall -be- it ah and -judgment may be entered upon it in accordancc with applicable law in any court having jurisdiction thcrcof. 3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive conscqucntial damages for claims, disputes or othcr matters in qucstion arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, -to -all consequential -damages -due -to either party's tcrmination-iit accordance -with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.2 If the Project is suspended by the Owner for more than 3o consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004 12 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect -is no -otherwise compcnsatcd,-Eltus- n amount -for the Architect's anticipated -profit -oft the value of -the serviees noted -by the Architect. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services earned to the time of termination, as follows: .1 Twenty percent of the total compensation for Basic and Additional Services earned to date if termination occurs before or during the predesign, site analysis. or Schematic Design Phases: or .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A2o1, General Conditions of the Contract for Construction, current as of the date of this Agreement., a copy of which is attached hereto and incorporated herein by this reference. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A2oi, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement subject to the requirements ©1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W Washington, D C. 20006-5292 © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document. 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004 13 imposed by paragraph 9.10 below. The Architcct -shall execute -all consents -ice - required to facilitate such assignment. 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 9.10 If the Owner requests the Architect to execute consents or certificates, the proposed language of such consents or certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: ion -with the Project, authorized out of town travel and .2 fees paid for sccuring approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 11811111111111111 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects .4 expense -ere overtime -work rcq -higher than regular rates-i€_rutho±cd r-1735 New York Avenue, N W advance by the Owner; Washington, D.C. 20006-5292 .5 renderings, models and mock-ups requested by the Owner; © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING• Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document. 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004 14 .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 othcr similar dircct Projcct rclated cxpenditures. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph n.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed (i.e. bid alternates), compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (i) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 An Initial Payment of zero Dollars ($ 0.00 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document- 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004 15 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. ©1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 11.2 BASIC COMPENSATION 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, mcludmg stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, ifnecessary.) Fees for Basic Services shall be on a stipulated sum basis not to exceed the amount of Sixty -One Thousand, One Hundred Sixty -Nine Dollars ($61.169.00). 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: Close-out Phase Fifteen Twenty Thirty -Eight Two Twenty -Four One percent ( 1 5 %) percent ( 20 %) percent (38 %) percent ( 2 %) percent (24 %) percent ( 1 %) Total Basic Compensation: one hundred percent (too%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compensation shall be computed as follows: 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods ofcompensation apply, ifnecessary.) On the current hourly rate schedule unless otherwise negotiated. See Attachment A for current rate schedule. Expenses to be billed at 1.1 times actual invoice. 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one and one-tenth (1.10 ) times the amounts billed to the Architect for such services. (Identifyspecific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one and one-tenth (1.10 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document. 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004. 16 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Basic Services covered by this Agreement have not been completed within eighteen (18 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and n.3.2. 11.5.2 Payments are due and payable upon receipt ( ) days from the date of the Architect's invoice. Amounts unpaid forty-five ( 45 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) (LLruiy laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 12.1 The Architect currently carries the following Professional Liability Insurance Coverage: Each Claim $1,000.000 Aggregate $1.000,000 Deductible (each claim) $ 35,000 If the Client requires coverage above this amount, the additional premium cost shall be a Reimbursable Expense. 12.2 Claims disputes and other matters in question between the parties which are not resolved by mediation shall be decided by litigation in the Superior Court of the county where the Project is located. The substantially prevailing party shall be awarded its costs, and expert witness fees, however, each party shall pay its own attorneys fees, regardless of the outcome. 12.3 CONTINGENCY FUND The Owner and Architect acknowledge that changes may be required because of omissions, ambiguities, or inconsistencies in the plans and specifications, and therefore, the costs of the Project may exceed the initial construction contract sum. The Owner agrees to set aside a reserve in the amount of eight percent (8%) of the initial contract construction sum as a contingency reserve to be used as required to pay for any such increase in construction costs. The Owner further agrees to make no claim by way of direct or third -party action against the Architect or his subconsultants with respect to any payments within the limit of the contingency reserve made to the construction contractors because of such changes or because of any claims made by the construction contractors relating to such changes. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING• Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004. 17 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W Washington, D C. 20006-5292 12.4 BETTERMENT If due to the Architect's or its consultants' error, any required item or component is omitted from the construction documents, the Architect shall not be responsible for paying the costs to add such items or component to the extent that such item or component would have been otherwise necessary to the Project or adds value or betterment to the Project. This does not include work that has to be modified or removed to receive the added component. 12.5 Scheduled visits to the site by the Architect and Engineers during the construction phase of the Project (including reviews for Substantial and Final Completion): Architect 12 visits Structural Engineer 0 visits Mechanical Engineer 2 visits Electrical Engineer 2 visits 12.6 ADDITIONAL SERVICES 12.6.1 Any public meetings will be additional services. The Architect will provide the Owner with proposed fixed cost for any meeting as part of its request for additional services. Any required renderings. models and/or display materials are considered reimbursable expenses. 12.6.2 Structural engineering to modify the existing roof structure to receive the new chiller. The estimated extra service fee for this effort is Six Thousand Four Hundred Dollars ($6.400.00). 12.7 REIMBURSABLE EXPENSES 12.7.1 Owner requested reproductions that exceed two copies of documents provided at each phase of design, reproduction of the contract documents for bidding and any additional reproductions of the contract documents and reproductions of shop drawings during construction. including applicable shipping costs. 12.8 NONDISCRIMINATION PROVISION During the performance of this Agreement. the Architect and its consultants shall not discriminate in violation of any applicable federal. state and/or local law or regulation on the basis of race, color. sex. religion, national origin, creed. marital status. political affiliation. or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment. advertising, layoff or terminiation. rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 12.9 The Washington State Department of Community Trade and Economic Development and the state of Washington are not liable for damages or claims from damages arising from the Architect's performance or activities under the terms of this Agreement. 12.10 AIA Document A201 General Conditions of the Contract for Construction with modifications, is hereby attached to this agreement (Attachment D). © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document• 97b151oa.aia -- 4/2/2004 AIA License Number 1006341, which expires on 4/30/2004 18 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. ©1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D C. 20006-5292 This Agreement entered into as of the day and year first OWNER (Signature) Richard A. Zais, Jr., City Manager (Printed name and title) CITY CONTRACT NO:Lat2 ,�j� RESOLUTION NO:W "�""'"' (Printed name and tide) THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97b151oa.aia -- 4/2/2004. AIA License Number 1006341, which expires on 4/30/2004. 19 111111110111111 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 ATTACHMENT "A" Hourly Billing Rate Schedule Effective September 2003 Employee Classification Billing Rate Principal $135.00/hour Architect Manager $110.00/hour Architect III $95.00/hour Architect II $80.00/hour Architect I $70.00/hour Intern Architect II $60.00/hour Intern Architect I $45.00/hour Interior Designer III $80.00/hour Interior Designer II $65.00/hour Interior Designer I $55.00/hour Technical Staff V $75.00/hour Technical Staff IV $70.00/hour Technical Staff III $60.00/hour Technical Staff II $45.00/hour Technical Staff I $30.00/hour Administrative Staff II $50.00/hour Administrative Staff I $40.00/hour Note: Classification and rates are subject to semi-annual review. KDF Architecture 1310 North 16th Avenue Yakima, WA 98902-1354 www.kdfarchitecture.com voice 509-575-5408 fax 509-453-0293 Rod Knipper AIA David C. Franklund AIA Senior Assoc. Brian J. Andringa AIA Dennis W Dean AIA April 2, 2004 Glenn Rice, Assistant City Manager City Manager's Office City of Yakima 129 North 2nd Street Yakima, WA 98901 ATTACHMENT B Re: Capitol Theatre Phase 1 Renovations Scope of Work Project No. 200349.00 Dear Glenn: As discussed in our meeting March 23, 2004, our scope of work for the Phase 1 renovations includes the following: 1. Add public restrooms within the lower level of the existing facility. Restrooms are to be 550 square feet. The estimate of probable construction cost for this work is $108,185. 2. Modernize temperature controls. The estimate of probable construction cost for this work is $82,000. 3. Replace existing air cooled chiller with a new air cooled chiller. The estimate of probable construction cost for this work is $82,000. Our design services for this work includes a structural analysis of the existing structure to determine if the existing structure is adequate support the new chiller. 4. Balance air distribution system. The estimate of probable construction cost for this work is $11,000. 5. Clean the existing air distribution ductwork. The estimate of probable construction cost for this work is $11,000. 6. Modify the existing balcony guardrail at the end of each aisle as required to meet current code requirements, The estimate of probable construction cost for this work is $12,020. This work will be bid as an additive alternate. 7. Add a door into the existing control booth from the lobby. The estimate of probable construction cost for this work is $12,020. This work will be bid as an additive alternate. 8. Thoroughly clean the existing facility including the fresco ceilings. The estimate of probable construction cost for this work is $20,000. This item does not currently fit within the overall budget for the project. This work will be bid as an additive alternate. KDF Architecture 1310 North 16th Avenue Yakima, WA 98902-1354 www.kdfarchitecture.com voice 509-575-5408 fax 509-453-0293 Rod Knipper AIA David C. Franklund AIA Senior Assoc. Brian J. Andringa AIA Dennis W Dean AIA Capitol Theatre Phase 1 Renovations Scope of Work Project No. 200349.00 April 2, 2004 Page 2 9. The total estimate of probable construction cost for the five base bid items (1, 2, 3, 4, and 5 above) is $294,185. We recommend that this number have a 10% contingency applied to it as a precaution for unknown factors of working in an existing historical building. With the contingency the total estimate of probable construction cost for the base bid is $323,604. 10. The total estimate of probable construction cost for the alternates numbered 6 and 7 above is $24,040, which includes the 10% contingency. The total estimate of probable construction cost with alternates is $347,644, which is under the $357,000 construction budget. 11. All bid alternates that are added to the scope of work beyond what's noted above will be evaluated individually to determine the fee required. All the estimates of probable construction costs listed above are based on the original estimate included in the Capitol Theatre Expansion Study issued in 2001. The estimates from the Study have been increased to account for escalation of 3% per year for three years, compounded. See Attachment C for a detailed Estimate of Probable Construction Cost. Not included in our scope of work and the construction scope of work is any modifications to the existing structure required for the installation of the new chiller. As noted in item 3 above our scope includes analyzing the existing structure to determine if it is adequate to support the new chiller. If, and only if, the analysis determines that the existing structure needs to be modified and it is decided to include the construction cost of the modifications in the project scope, extra services will apply. Our rough order of magnitude estimate for construction cost of these possible modifications is between $30,000 to $50,000. Therefore, if the structure is discovered to be inadequate, the scope of work for the project will have to be reevaluated to determine if the chiller installation it is still included in Phase 1 renovations or if it is put off until a later phase. We have attached the Abbreviated Standard Foul of Agreement Between Owner and Architect, AIA Document B151-1997, which has been revised to reflect the above proposal. We look forward to getting this project underway so the community can continue to enjoy this "Grand Old Lady of the Arts". v. 0.---. Dennis W. Dean Senior Associate, Architect AIA od Kni•per Partner, Ar t AIA enclosure: Abbreviated Standard Form of Agreement Between Owner and Architect, AIA Document B151 - 1997 with Attachments. copy: Sofia Mabee, Assistant City Attorney Scope of Work 040204.wpd ATTACHMENT C CAPITOL THEATRE ESTIMATE OF PROBABLE CONSTRUCTION COST PHASE 1 RENOVATIONS KDF Architecture L:\200349 Capitol Theatre Phase 1\Cost Estimates\Scope of Work Estimate.gpw Print Date: 3/26/2004 Project No: 200349.00 ESTIMATE PHASE: SCOPE OF WORK BUDGET RENOVATION RESTROOMS MECHANICAL SYSTEM MODIFICATIONS MODERNIZE TEMPERATURE CONTROLS REPLACE AIR COOLED CHILLER BALANCE AIF DISTRIBUTION SYSTEM CLEAN AIR DISTRIBUTION DUCTWORK SUBTOTAL CONTINGENCY @ TOTAL ESTIMATED CONSTRUCTION COST COST PER SQUARE FOOT OVER / (UNDER) BUDGET ADDITIVE ALTERNATES 1. Balcony Guardrail 2. Door into Control Booth 5. Clean Facility 6. 7: 8. 9. 10. SUBTOTAL 550 SF $196.70 /SF $108,185 1 LS 1 LS 1 LS 1 LS $82,000.00 $82,000.00 $11,000.00 $11,000.00 10.00% PROPOSED $12,020 $12,020 $20,000 $44,040 TOTAL ESTIMATED CONSTRUCTION COST INCLUDING ALTERNATES OVER/(UNDER)BUDGET $82,000 $82,000 $11,000 $11,000 $294,185 $29,419 $323,604 $357,000 ACCEPTED $12,020 $12,020 $0 $0 --$0 $0 $0 $0 $24,040 NA ($33,397) $347,644 $357,000 ($9,357) ATTACHMENT C CAPITOL THEATRE ESTIMATE OF PROBABLE PROJECT COST PHASE 1 RENOVATIONS KDF Architecture L:\200349 Capitol Theatre Phase 1\Cost Estimates\Scope of Work Estimate.qpw ESTIMATE PHASE: Print Date: 3/26/2004 Project No: 200349.00 SCOPE OF WORK BUDGET CONSTRUCTION COST $347,644 A&E BASIC FEE @ WSST @ CONSTRUCTION CONTINGENCY SUBTOTAL $61,169 7.9% $27,464 8.0% $27,811 MISC ITEMS NOT IN CONSTRUCTION CONTRACT HAZARDOUS MATERIAL INVESTIGATION $2,000 EXTRA SERVICE FOR ARCHITECTURAL HISTORIAN $0 FEE FOR ALTERNATES $0 REIMBURSABLE EXPENSES $3,000 FURNITURE, ART, SIGNAGE SELECTION FEE NA DATA / VOICE CABLING NA PHONE SYSTEM NA FURNITURE NA WINDOW TREATMENTS NA ARTWORK & ACCESSORIES NA SIGNAGE $3,000 MINOR EQUIPMENT (Fire Extinguishers, etc.) NA OFF SITE CIVIL ENG NA SUBTOTAL MISCELLANEOUS LEGAL & ACCOUNTING NA CITY BUILDING PERMITS $2,779 CITY BLDG PLAN REVIEW FEE $1,806 OTHER -PERMITS - - - - NA_ SITE SURVEY — —. — NA GEOTECHNICAL INVESTIGATION NA CONSTRUCTION INSPECTION $3,000 ASBESTOS REMOVAL - SPEC, TESTING & INSP. FEE NA SITE ACQUISITION NA REAL ESTATE TAXES NA TITLE INSURANCE NA APPRAISAL NA FINANCING COSTS NA OTHER (CONTINGENCY) 2.00% $6,953 SUBTOTAL TOTAL ESTIMATED PROJECT COST $464,088 $8,000 $14,538 $486,626 $491,250 OVER / (UNDER) BUDGET ($4,624) ATTACHMENT D 1997 Edition - Electronic Format AIA Document A201 - 1997 General Conditions of the Contract for Construction TABLE OF ARTICLES 1.GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT INDEX Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9 9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 4.2.3, 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 43.8, 4.4.1, 8.3.1, 9.5.1, 10.2.5, 13.4.2, 13.7, 14.1 Addenda 1.1.1, 3.11 Additional Costs, Claims for 4.3.4, 4.35, 4.3.6, 6.1.1, 10.3 Additional Inspections and Testing 9.8.3,12.2.1,13.5 Additional Time, Claims for 43.4 43.7, 8.3.2 ADMINISTRATION OF THE CONTRACT 3.1.3, 4, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. This document has been approved and endorsed by The Associated General Contractors of America. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document• 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D C. 20006-5292 Aesthetic Effect 4.2.13, 4.5.1 Allowances 3.8 All-risk Insurance n.4.1.1 Applications for Payment 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9.10,11.1.3,14.2.4,14.4.3 Approvals 2-4, 3.1.3, 3.5, 3.10.2, 3.12, 4.2.7, 9.3.2, 13.4.2, 13.5 Arbitration 4.3.3, 4.4, 4.5.1, 4.5.2, 4.6, 8.3.1, 9.7.1, 11.4.9,11.4.10 Architect 4.i Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7, 4.2, 4.3.6, 4.4, 5.2, 6,3, 7.1.2, 7.3.6, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibility 2.1.1, 3.3.3, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.4, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architect's Additional Services and Expenses 2.4, 1.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 4.2, 4.3.4, 4.4, 9.4, 9.5 Architect's Approvals 2.4,3.1.3,3.5.1,3.10.2,4.2.7 Architect's Authority to Reject Work 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.6 Architect's Decisions 4.2.6, 4.2.7, 4.2.n, 4.2.12, 4.2.13, 4.3.4, 4.4.1, 4.4.5, 4.4.6, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.51, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4 Architect's Inspections 4.2.2, 4.2.9, 4.3.4, 9.4.2, 9.8.3, 9.9.2, 9.101, 13.5 Architect's Instructions 3.2.3, 3.3.1, 4.2.6, 4.2.7, 4.2.8, 7.4.1, 12.1, 13.5.2 Architect's Interpretations 4.2.n, 4.2.12, 4.3.6 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2, 3,5.1, 3.7.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 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, 10.3,11.3,11.4.7,12,13.4.2,13.5 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.4.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 4.2.2, 4.2.5, 4.2.9, 4.3.4, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Other Award of Subcontracts ail�1 Ot.��_ Contracts for Portions of the Work 5.2 Basic Definitions 9 7 Bidding Requirements 1.1.1, 1.1.7, 5.2.1, 11.5.1 Boiler and Machinery Insurance 11.4.2 Bonds, Lien 9.10.2 Bonds, Performance, and Payment 7.3.6.4, 9.6.7, 9.10.3, 1:4,9, 11.5 Building Permit 3.7.1 l�(1tJ11.a11Gu uvu 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, ❑ 10. 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1.1.1, 2.4.1, 3.4.2, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 4.3.4, 4.3.9, 5.2.3, 7.1, 7.2, 7.3, 8.3.1, 9.3.1.1, 9.10.3, 11.4.1.2, 11.4.4, 11.4.9, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 3.11, 4.2.8, 7, 8.3.1, 9.3.1.1, 11.4.9 Claim, Definition of 4.3.1 Clalms and Disputes 3.2.3, 4.3, 4.4, 4.5, 4.6, 6.1.1, 6.3, 7.3.8, 9.3.3,9.10.4,10.3.3 Claims and Timely Assertion of Claims LEGAL THIS DOCUMENT HAS ii�iPORTr"+iJT LcGn� CONSEQUENCES. CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY D AIA DRAFTED DRFFT E DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. This document has been approved and endorsed by The Associated General Contractors of America. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation u^+il the date of expiration as noted below. expiration as noted below. User Document. 97a201.aia -- 4/7/2004. ANA License Number 1006341, which expires on 4/30/2004. 2 ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 4.6.5 Claims for Additional Cost 3.2.3, 4.3.4, 4.3.5, 4.3.6, 6.1.1, 7.3.8, 10.3.2 Claims for Additional Time 3.2.3, 4.3.4, 4.3.7, 6.1.1, 8.3.2, 10.3.2 Claims for Concealed or Unknown Conditions 4.3.4 Claims for Damages 3.2.3, 3.18, 4.3.10, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3,11.1.1,11.4.5,11.4.7,14.1.3,14.2.4 Claims Subject to Arbitration 4.4.1, 4.5.1, 4.6.1 Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.1, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 4.3.5, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1,11.1, 11.4.1, 11.4.6, 11.5.1 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 1.6.1, 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8,9.9.1,9.10,12.2,13.7,14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.42, 9.8, 9.9.1, 9.10.3, 9.10.4.2, 12.2, 13.7 Compliance with Laws 1.6.1, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6.4, 4.6.6, 9.6.4,10.2.2,11.1,11.4,13.1,13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or Unknown Conditions 4.3.4, 8.3.1, 10.3 Conditions of the Contract 1.1.1,1.1.7,6.1.1,6.1.4 Consent, Written 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 43.4, 4.6.4, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.12.8, 4.2.8, 4.3.9, 7.1, 7.3, 9.3.1.1 Construction Schedules, Contractor's 1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 4.3.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.4.9, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1,3.10,5.2,6.1,11.1.3,11.4.6,11.5.1 Contract Documents, The 1.1,1.2 Contract Documents, Copies Furnished and Use of 1.6, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.8, 4.3.4, 4.3.5, 4.45, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2 Contract Sum, Definition of 9.1 Contract Time 4.3.4, 43.7, 44.5, 5.2.3, 7.2.1.3, 7 3, 7.4, 8.1.1, 8.2, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction Schedules 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 Contractor's Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2,10.3,11.1.1,11.4.7,14.1,14.2.1.1, Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5,3.14.2,4.2.4,6,11.4.7,12.1.2,12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2,11.4.1.2,11.4.7,11.4.8 Contractor's Relationship with the Architect 1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2, THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D C. 20006-5292 3.5.1, 3.7.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 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, 13.4.2, 13.5 Contractor's Representations 1.5.2, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 4.3.8, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10 Contractor's Review of Contract Documents 1.5.2, 3.2, 3.7.3 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 4.3.10, 14.1 Contractor's Submittals 3.1o, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8.2, 4R2 9.9.1, Q1112, 9.10.3, 11.1.3, 11.5.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14 Contractual Liability Insurance 11.1.1.8, 11.2, 11.3 Coordination and Correlation 1' ' c 2, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.6, 2.2.5, 3.11 Copyrights 1.6, 3.17 Correction nf Wnrk 2.3, 2.4, 3.7.4, 4.2.1, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2,12.2,13.7.1.3 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.6 Costs 2.4, 3.2.3, 3.7.4, 3.8.2, 3.15.2, 4.3, 5.4.2, 6.1.i, 6.2.3, 7.3.3.3, 7.3.6, 73.7, 73.8, 9.10.2, 10.3.2, 10.5, 11.3, 11.4, 12 .1, 12.21, 12.2,4, 13.5, 14 Cutting and Patching 6.2.5, 3.14 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, 11.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.2.4 Damages, Claims for 3.2.3, 3.18, 4.3.1o, 6.1.1, 8.3.3, 9.5.1, 9 6.7, 10.3.3,11.1.1,11.4.5,11.4.7,14.1.3,14.2.4 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement nfthe Work. Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.4, 4.4.1, 4.45, 4.4.6, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2,9.4,95.1,9.8.4,9.9.1,13.5.2,14.2.2, 14.2.4 Decisions to Withhold Certification 9.4.1,9.5,9.7,14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 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, 9.9.3, 9.10.4, 12.2.1, 13.7.1.3 Defective Work, Definition of 3.5.1 Definitions 1.1, 2.1.1, 3.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 4,3.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 7.3,1; 7.4.1, 7.5.1, 8.3, 9.5.1, 9.7.1,10.3.2, 10.6.1, 14.3.2 Disputes 4.1.4, 4.3, 4.4, 4.5, 4.6, 6.3, 7.3.8 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 1.1.1, 1.3, 2.2.5, 3.11, 5.3 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 4.3.5, 10.6, 14.1.1.2 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.4.7, 14.1, 14.2.1.1 Equipment, Labor, Materials and 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3,8.3, 3.12, 3.13, 3.15.1, 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, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Execution and Progress of the Work 1.1.3,1.2.1,1.2.2,2.2.3,2.2.5,3.1,3.3,3.4,3.5, THIS DOCUiviENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED ale DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution WARNING. (Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. MENNINA 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D C. 20006-5292 3.7, 3.1o, 3.12, 3.14, 4.2.2, 4.2.3, 4.3.3, 6.2.2, 7.1.3, 7.3.4, 8.2, 9.5, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 Extensions of Time 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 73,7.4.1,9.5.1,9.7.1,10.3.2,10.6.1,14.3.2 Failure of Payment 4.3.6, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.5 Fire and Extended Coverage Insurance 11.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3, 10.5 Identification of Contract Documents 1.5.1 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.5, 11.4.1.2, 11.4.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 Injury or Damage to Person or Property 4.3.8, 10.2, 10.6 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.3, 3.3.1, 3.8.1, 4.2.8, 5.2.1, 7, 12, 8.2.2, 13.5.2 Insurance 3.18.1, 6.1.1, 7.3.6, 8.2.1, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 9.10.5, 11 Insurance, Boiler and Machinery 11.4.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.4.3 Insurance, Owner's Liability 11.2 Insurance, Project Management Protective Liability 11.3 Insurance, Property 10.2.5, 11.4 Insurance, Stored Materials 9 3.2, 11.4.1.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1, 11.4.1.5 Insurance Companies, Settlement with 11.4.10 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 4.3.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written 4.2.11, 4.2.12, 4.3.6 Joinder and Consolidation of Claims Required 4.6.4 Judgment on Final Award 4.6.6 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 42.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3,9.5.1.3,9.10.2,10.2.1,10.2.4,14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.6, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6,9.6.4,9.9.1,10.2.2,11.1,11.4,13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Liens 2.1.2, 4.4.8, 8.2.2, 9.3.3, 9.10 Limitation on Consolidation or Joinder 4.6.4 Limitations, Statutes of 4.6.3, 13.7 Limitations of Liability 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.1210, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.10.4,10.3.3,10.2.5,11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.1, 3.7.3, 3.10, 3.11, 3.12.5, THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution WARNING Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W Washington, D.C. 20006-5292 3.15.1, 4.2.7, 4.3, 4.4, 4.5, 4.6, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 93.1, 9.33, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9,9, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14 Loss of Use Insurance 11.4.3 Material Suppliers 1.6, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3, 10.5 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.6.1, 3.4, 35.1, 3.8.2, 3.8.23, 3.12, 3.13, 3.15.1, 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, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 4,4.8 Mediation 441, 4.4.5, 4.4.6, 4.4.8, 4.5, 4.6.1, 4.6.2, 8.3.1, 10.5 Minor Changes in the Work 1.1.1, 3.12.8, 4.2.8, 4.3.6, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 3.7.3, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7,10.3.2, n.4.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconformmg Work, Rejection and Correction of 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, 12.2.1, 13.7.1.3 Notice 2.2.1, 2.3, 2.4, 3.2.3, 3.3.1, 3.7.2, 3.7.4, 3.12.9, 4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.1o, 10.2.2, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14.1, 14.2 Notice, Written 2.3, 2.4, 33.1, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 14 Notice of Testing and Inspections 13.5.1, 13.5.2 Notice to Proceed 8.2.2 Notices, Permits, Fees and 2.2.2, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Contractor's 1.5.2,3.2,3.7.3,4.3.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.4.1.5 Orders, Written 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 OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 43.3, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3,10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 Owner's Authority 1.6, 11.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 4.3.6, 4.4.7, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7,31, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.9.1, 9.10.2, 10.3.2, 11.3.1, 11.4.3, 11.4.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.5 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.4.3 Owner's Relationship with Subcontractors 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2,14.2.2 Owner's Right to Carry Out the Work 2.4, 12.2.4. 14.2.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.6, 2.2.5, 3.2.1, 3.11.1, 3.17.1, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9,11.4.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY i5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document. 97a201.aia -- 4/7/2004. A1A License Number 1006341, which expires on 4/30/2004. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D C. 20006-5292 Payment, Applications for 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5,9.10.1,9.10.3,9.10.5,11.1.3,14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1,9.10.1,9.10.3,13.7,14.1.1.3,14.2.4 Payment, Failure of 4.3.6, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Payment, Final 4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.1o, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.6.4, 9.6.7, 9.10.3,11.4.9, 11.5 Payments, Progress 4.3.3, 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 11.4.8, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.5 Permits, Fees and Notices 2.2.2, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 4.3.3, 8.2, 9.8, 9.9.1, 14.1.4 Progress Payments 4.3.3,9.3,9.6,9.8.5,9.10.3,13.6,14.2.3 Project, Definition of the 1.1.4 Project Management Protective Liability Insurance 11.3 Project Manual, Definition of the 1.1.7 Project Manuals 2.2.5 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.4 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.6, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6, 9.6.4, 9.9.1,10.2.2,11.1,11.4,13.1, 13.4, 13.5.1, 13.5.2, 13. 6, 14 Rejection of Work 3.5.1, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 1.5.2, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 93.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes 4.4, 4.5, 4.6 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 4.3.8, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1,10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 1.5.2, 3.2, 3.7.3, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.3, 2.4, 3.5.1, 3.15.2, 4.2.6, 4.3.4, 4.5, 4.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 4.6.2 Safety of Persons and Property 10.2, io.6 Safety Precautions and Programs 3.3.1,4.2.2,4.2.7,5.3.1, 10.1, 10.2, 10.6 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document. 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. This document has been approved and endorsed by The Associated General Contractors of America. ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W. Washington, D.C. 20006-5292 Schedules, Construction 1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 4.6.4, 6, 8.3.1, 11.4.7, 12.1.2, 12.2.5 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 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 Site Vicitc Architect's 4.2.2, 4.2.9, 4.3.4, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of the 1.1.6 Specifications, The 1.1.1, 1,1.6, 1.1.7, 1.2.2, 1.6, 3.11, 3.12.10, 3.17 Statute of Limitations 4.6.3,12.2.6,13.7 Stopping the Work 2.3, 4.3.6, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9,3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10 10.2.1, 11.4.7, 11.4.8, 14.1, 14.2.1, 14.3.2 Submittals 1.6, 3.1o, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Subrogation, Waivers of 6.1.1, 11.4.7 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.1.0.42, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5.1, 7.3.7 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 4.3.4 Successors and Assigns 13.2 _ 1e_� S 9.1pL'111i tellliczl i 3.9, 1+12.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4, 7.1.3, 73.6, 8.2, 8.3.1, 9.4.2, 10, 12, 14 Surety 4.4.7, 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of 9.10.2, 910.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.4 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 4.3.6, 5.4.1.1, 11.4.9, 14 Taxes 3.6, 3.8.2.1, 7.3.6.4 Termination by the Contractor 4.3.10, 14.1 Termination by the Owner for Cause 4.3.10, 5.x.1 1, 14.2 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, ,. „n1. 1221,13.5 9.9.2, 9.10.1, ..,.3.�, u.T._._, _ . _ TIME 8 Time, Delays and Extensions of 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, c, 8.3, 9.5.1, 9.7.1, 10.3.2, 7.3.1, 7.4.1, 7.,.,, -- 10.6.1,14.3.2 Time Limits 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, 4.3, 4.4, 4.5, 4.6, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7,14 Time Limits on Claims 4.3.2, 4.3.4, 4.3.8, 4.4, 4.5, 4.6 Title to Work 9.3.2, 9.3.3 arT LEGAL 1Ii1S UC.I(.. U11'IEIVI HAS Irvli'vl2T A,vr �e n� CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED A!A DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. This document has been approved and endorsed by The Associated General Contractors of America. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.3.4, 8.3.1, 10.3 Unit Prices 4.3.9, 73.3.2 Use of Documents 1.1.1, 1.6, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 4.3.10, 9.10.5, 11.47, 13.4.2 Waiver of Claims by the Owner 4.3.10, 9.9.3, 9.10.3, 9.10.4, 11.4.3, 11.4.5, 11.4.7, 12.2.2.1, 13.4.2, 14.2.4 Waiver of Consequential Damages 4.3.10,14.2.4 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1,11.4.5,11.4.7 Warranty 3.5, 4.2.9, 4.3.5.3, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7.1.3 Weather Delays 4.3.7.2 Work, Definition of 1.1.3 Written Consent 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, n.4.1, 13.2, 13.4.2 Written Interpretations 4.2.11, 4.2.12, 4.3.6 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 14 Written Orders 1.1.1,2.3,3.9,4.3.6,7,8.2.2,11.4.9,12.1,12.2, 13.5.2, 143.1 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D4D1. ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (i) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub -subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. This document has been approved and endorsed by The Associated General Contractors of America. 11111111111111 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects Fifteenth Edition. Reproduction of the material herein or substliiAlnerican Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the 117l ew York Avenue, N W. States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violat /g4ington, D C. 20006-5292 copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document. 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents location dimensions Work, generally including plans, showing the design, ���a.,�, and ,.___.........,.... of the ., - - elevations, sections, details, schedules and diagrams._ Where the word "similar" or "typical" occurs on the drawings. it shall be used in this general sense and not as meaning identical or exact, and all details shall be worked out in relation to their location and their connection to other parts of the work. Where there is a question of intent, notify the Architect regarding interpretation. Where on any Drawings a portion of the work is drawn out and the remainder is indicated in outline, the drawn out parts shall apply also to other like portions of the work. Where ornament or other detail is indicated by starting only, such details shall also apply to other similar parts of the work, to properly complete the work in full. unless specifically indicated otherwise, 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL , assembled for the Work may include the bidding The Project Manual is a volume assemo+eu which ___.-, requirements, sample forms, Conditions of the Contract and Specifications. 1.1.8 MANUFACTURERS SPECIFICATIONS Manufacturer's Specifications, recommendations or instructions for installing materials, equipment or appurtenances furnished as a part of this contract shall govern unless in conflict with the Specifications for the project or unless local conditions present installation in the prescribed manner, in which case, the approval of the Architect shall be obtained before proceeding with this part of the work. If there is a conflict with the Manufacturers's instruction, dimensions, means of installation, attachment requirements, framing requirements, weatherproofing, requirements or other recommendations and the Drawings or Specifications, the most stringent (considered to be the most costly) is intended and will be enforced. TH!5 DOCUMENT HAc IMPQRTANT LEGA CONSEQUENCES. CONSULTATION WITH. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF Ti ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al. DOCUMENT D407. This document has been approved and endorsed by The Associated General Contractors of America. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United •II r ; ct violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S States and will subject the .,�.-. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document: 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 10 SWIMS 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Mention in the Specifications or indication on the Drawings of articles, materials, equipment, operations or methods requires that the Contractor provide each item mentioned or indicated, of quality or subject to qualifications, noted: perform according to conditions stated, each operation prescribed: and provide therefore all labor, equipment and incidentals. 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. The Contractor is solely responsible for coordination of bidding and scope of work of subcontractors. The Architect will not act as arbiter as to which trade or subcontractor is to furnish and install various items indicated or required to perform the work. 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. 1.2.4 In the case of an inconsistency between Drawings and Specifications or within either Document not clarified by addendum, the better quality or greater quantity of Work shall be provided in accordance with the Architect's interpretation, without change in the Contract Sum. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. The Specifications are of the abbreviated or "streamlined" type and include incomplete sentences. Omission of words or phrases such as "the Contractor shall", "in conformity therewith", "shall be", "as noted on the Drawings", "according to the plans", "an", "the" and "all" are intentional. Omitted words or phrases shall be supplied by inference in the same manner as they are when a "note" occurs on the Drawings. THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH. ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL. DOCUMENT 0401 © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 11 This document has been approved and endorsed by The Associated General Contractors of America. ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D C. 20006-5292 Whenever an article, device or piece of equipment is referred to in singular number, such reference applies to all such articles shown on drawings or required to complete the installation. EXE 1 ITlON OF CONTRACT DOC UMENTS I.J i -f ECU iV1, vs 1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub -subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings: Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely be with respect to this Project. They are not to used by the Contractor or any Subcontractor, Sub -subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications ,her documents prepared by the Architect and the Architect's consultants and other uocume..�.. ` appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved rights. ARTICLE 2 OWNER 2.1 GENERAL 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Subparagraph 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. THIS DOCUMENT HAS IMPORTANT i EGAI CONSEQUENCES. CONSULTATION WITH, ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION, AUTHENTICATION OF TI ELECTRONICALLY uRAF TED AIA DOCUMENT MAY BE MADE BY USING Al. DOCUMENT D401 This document has been approved and endorsed by The Associated General Contractors of America. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosCecution This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 12 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D C. 20006-5292 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the written request of the Contractor, prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. After such evidence has been furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. 2.2.2 Except -far permits and -fees; including those required under Subparagraph 3.7.1, which -are the -responsibility -of -the Contractor under the Contract Documents, the - required -for construction, user occupancy€ permanent structures-ar for permanent ebanges-mm-eisting facihtics. The Owner will pay the building plan review fee and building permit fee. The Contractor shall secure and pay for all permits and plan review fees, including but not limited to mechanical, plumbing and electrical required for construction. The Contractor shall pay all fees and charges for connection to outside services and use of public or private property for storage of materials, etc. 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 to the extent that such information is readily available to the Owner. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.5 Unless otherwise provided m the Contract Documents, the Contractor will be furnished, free of charge, twenty (20) copies of Drawings and Construction Specifications. Additional sets will be furnished at the cost of reproduction, postage and handling. 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH . ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF T1 ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 13 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D C. 20006-5292 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents the Owner and Contractor shall meet and establish a written time frame for the completion of the work, which shall be acknowledged in writing by both the Owner and the Contractor. and -fails If the Contractor fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such three- day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perforin the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR Documents each portion 3.2. I Since the Contract are complementary, beforestarting each the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 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. If document conflicts are not raised in a timely manner, (so that Work can proceed without delay), the Contract will be deemed to choose the more costly method unless otherwise provided for, which shall be at the Contractor's expense. 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 © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004 14 THIS DOCUMENT HAS IMPORTANT LEGA, CONSEQUENCES. CONSULTATION WITH. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF Tt ELtL l nuiviCALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401 This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W Washington, D.C. 20006-5292 Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 3.2.4 By entering into an Agreement with Owner, Contractor acknowledges that Contractor has examined all documents pertaining to the work, examined the character of the site and existing structures and systems, and is satisfied as to nature of the Work, and all other matters which can in any way affect the Work. Further, by entering the Agreement with Owner, Contractor acknowledges satisfaction as to the feasibility and correctness of Contractor Documents for construction and performance of the Work. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. Where construction means, methods, techniques, sequences and procedures are specified, either directly, by reference to industry standards, or otherwise, the Contractor shall review specified procedures and, if they will not produce the intended results, cannot be warranted, or otherwise are objectionable to the Contractor, the Contractor shall propose alternative procedures. Where no proposal is received in a timely manner, the Contractor, by signing the Agreement, has agreed that the specified procedures are acceptable, warrantable and will be used to produce the intended results. The Contractor is responsible for all coordination of all changes, created as a result of shop drawings, with the various subcontractors and suppliers under contract for work of the Contractor. THIS DOCUMENT HAS IMPORTANT LEGA! CONSEQUENCES. CONSULTATION WITH, ATTORNEY 1S ENCOURAGED WITH RESPECT TO 1T5 COMPLETION OR MODIFICATION. AUTHENTICATION OF T1 ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al. DOCUMENT D4D1 © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 15 This document has been approved and endorsed by The Associated General Contractors of America. 1111111111111111 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D C. 20006-5292 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The .Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.4 Contractors shall comply with the laws of the State of Washington relating to prevailing wages on Public Works project. 3 5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or �i fi at not ted by the Contractor, improper or defect caused by abuse, modifications execu�.... 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. Ali work under this Contract act shall be performed in a skillful and workmanlike manner. The warranties set forth in this paragraph and elsewhere in the Contract Documents and claims relating to breach thereof shall survive substantial completion, final acceptance and final payment." Foreign pipe will not be accepted by the Owner for use on the project. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. Unemployment and compensation taxes, and Washington State Local Sales Tax shall be collected from the Owner and paid to the State by the Contractor as set forth in Article 9 of these Conditions. THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH, ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AMA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING• Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as rioted below. User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 16 ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. Refer to Paragraph 2.2.3 as modified by these Supplementary Conditions. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and 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 (i) the difference between actual costs and the allowances under Clause 3.8.2.1 and (2) changes in Contractor's costs under Clause 3.8.2.2. 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH, ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401 This document has been approved and endorsed by The Associated General Contractors of America. 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 communications shall be confirmed in writing. Other communications shall be similarly © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 17 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W. Washington, D C. 20006-5292 confirmed on written request in each case. The Contractor shall employ a competent, full time superintendent during the performance of the work. The Architect and owner shall review any change in the superintendent personnel. The superintendent shall have full authority to represent the Contractor and communications "iven to the sunorintendent shall be as binding as if given to LVI I ii 11Ui i1VUa�v, cv • the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The superintendent shall have a thorough understanding of the following: 1. Administrative procedures of the project's project requirements as set forth in the construction specifications. 2. Project scheduling, sequencing of self -performed and subcontractor work. 3. Layout, and overseeing the installation of each trade involved in the work. I_Ja_able of the installation procedures for earth trade involved in 4. Be IKrtUWIE:UUCdUIC the inslauuv, , procedures �•- the work. 5. Applicable Codes as outlined in Section 01080. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's . ,____i_tas coordinated Contractor's approval, a schedule of submittals which is with the __ construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Ow-ner and Architect. AND w n�I R AT THE SITE 3 ii iiPiC'�ipYiCNTS rrivv SAMPLES � H� 5, 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good a field changes and selections made during order and marked Currently to record �_ construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect fnr cubrriittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. THIS DOCUMENT HAS IMPORTANT LEGA! CONSEQUENCES. CONSULTATION WITH . ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al. DOCUMENT D401 This document has been approved and endorsed by The Associated General Contractors of America. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004 18 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W. Washington, D C. 20006-5292 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed m the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordmated 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. 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 Drawmgs, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (i) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibihty for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH, ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT 0401. This document has been approved and endorsed by The Associated General Contractors of America. 19 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 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, signature specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, span bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor not cut otherwise alter such construction by the Owner or a separate Contractor shall or 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 3.15.1The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK •- in 3.16.1 The Contractor shall provide the Owner and Architect a��ess to the Work preparation and progress wherever located. 3.17 ROYALTIES, PATENTS AND COPYRIGHTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and wiii subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004 20 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401 This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason w believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Paragraph 11.3, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Subparagraph 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 EXTENT OF INDEMNIFICATION It is the intent of the indemnification paragraphs herein above to require the Contractor to indemnify the named parties to the fullest extent permitted by RCW 4.24.115 as it now exists or is hereafter amended. It is specifically intended that the Contractor's indemnity shall cover allegations of concurrent negligence of indemnitor and indemnitee. their agents or employees; and that the duty to so indemnify shall cover all costs of defense of such claims. The Contractor's indemnity obligations shall not cover allegations or adjudicated determinations that the liability arises from the sole negligence of an indemnitee. In claims against any indemnitee by an employee of the Contractor. a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation hereunder shall not be limited by the Washington State worker's compensation law. RCW Title 51. The Contractor shall provide insurance covering such indemnity obligations subject to the terms and conditions provided in Article 11 including the naming of Owner and Architect as additional insureds upon such policy. Only to the extent necessary to provide the indemnification of others provided herein above, and only to the extent an indemnification is not covered by insurance, the signing of the Contract by the Contractor shall operate as a waiver of the Contractor's immunity from suit under RCW Title 51. This waiver does not apply to a claim made by an employee of the Contractor against the Contractor itself. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH, ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al. DOCUMENT D401 This document has been approved and endorsed by The Associated General Contractors of America. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004 21 ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W Washington, D C. 20006-5292 ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibihties and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract DvCimen.S shall be that of the former Architect. . 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be an Owner's representative (i) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one-year period for correction of Work described in Paragraph 12.2. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (i) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of Owner and the Work completed, (2) to endeavor to guard the against defects _.___ deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions andgra... ro ms in connection with the Work, since these are solely the j, Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1.On site observations by the Architect are not intended in any way a review of the adequacy of the Contractor's safety measures. The Contractor is solely responsible for safe conditions in, on, or near the construction site. 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 4.2.4 Communications Fadlitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United W subject to legal prosecution. WARNING. Unlicensed photocopying violates U.S States and will ����«� the violate . copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your 'license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. THIS DOCUMENT HAS I PAPORT ANT LEGA CONSEQUENCES. CONSULTATION WITH. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRON!CAIY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL. DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 22 ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W. Washington, D C. 20006-5292 through the Contractor. Communications by and with separate contractors shall be through the Architect .Owner_ Communications between the Contractor or subcontractor and Architects consultants or Owner's staff shall be limited to matters of information, security arrangements, or incidental access: but in no case shall such communications relate to or authorize changes to the Work or give rise to claims for additional work. Should any party to the Contract believe unauthorized communications are being made by any person, such shall be reported in writing to the Architect and to the Contractor's Superintendent. 4.2.5 The Architect will review and recommend the amounts due to the Contractor based Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.53, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment supphers, their agents or employees, or other persons or entities performing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with mformation given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not reheve the Contractor of the obligations under Paragraphs 33, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH, ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401 © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004 23 This document has been approved and endorsed by The Associated General Contractors of America. BERMS ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W. Washington, D C. 20006-5292 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 imitations of aulhority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concerning performance under and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 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. and Architect will he consistent with the 4,x,1/ Interpretations decisions of the.++��_�-�- will -- intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents.The term 'aesthetic effect as used herein refers to color, texture, profile and juxtaposition of masses. The Architect shall be the sole interpreter of the design intent with respect to such matters, but the Architect's authority with respect thereto shall not contravene any other rights of either the Owner or the Contractor ascribed to them by other provisions of the Contract. 4,3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of nght, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiated by written The ii ility to substantiate Claims shall rest with the party making the notice. responsibility U�--------- - Claim 4.3.2 Time Limits on Claims. Claims by either patty must be irdtiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Architect and the other party, 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Subparagraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution, WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document: 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. THIS DVCl1vlEV1 HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al, DOCUMENT 0401 This document has been approved and endorsed by The Associated General Contractors of America. 24 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change m the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph io.6. 4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.7 Claims for Additional Time 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH. ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects Fifteenth Edition Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 25 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and 7 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Subparagraph 4.3.10 shall be deemed to preclude an award of liquidated direct damages, when applicable, in accordance with the requirements of the Contract Documents. 4.4 RESOLUTION OF CLAIMS AND DISPUTES ES 4.4.1 Decision of Architect. Claims, including those alleging an error or omission by the Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date fmal payment is due, unless 3o days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties unable resolve the Claim if the Architect larks sufficient that the Architect is UilaVte to resusvc uxc information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration. 4.4.6 When a written decision of the Architect states that (1) the decision is final but subject to mediation and arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 3o days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 3o 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 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH. ATTORNEY i5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL. DOCUMENT D401. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document: 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 26 This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W. Washington, D C. 20006-5292 have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. 4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Architect or the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the hen notice or filing deadlines prior to resolution of the Claim by the Architect, by mediation or by arbitration. 4.5 MEDIATION 4.5.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for m Subparagraphs 4.3.10, 9.10.4 and 9.10.5 shall, after initial decision by the Architect or 3o days after submission of the Claim to the Architect, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. 4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 4.5.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 4.6 DISPUTE RESOLUTION ARBITRATION. 4.6.1 Any controversy or claim arising out of or related to the Contract, or the breach thereof, except as provided in Subparagraph 4.2.13 with respect to the Architect's decisions on matters relating to aesthetic effect and except for claims which have been waived as provided elsewhere in the Contract Documents, shall be decided by court of law under the regular rules of civil procedure unless the parties hereafter mutually agree in writing to binding arbitration. This provision for litigation in place of arbitration shall be called in these Contract Documents "dispute resolution." When elsewhere in the Contract Documents "arbitration" is referred to, the term "dispute resolution" shall be deemed substituted in place thereof. When the term "demand for arbitration" or any phrase with similar meaning shall be used in the Contract Documents, there shall be deemed substituted in the place thereof the term "commencement of litigation." Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.6 shall be subject to litigation if litigation is commenced within thirty (30) days after Contractor's receipt of notice: otherwise, such right to litigation of the dispute is waived. Litigation may be commenced when forty-five (45) calendar days have passed after a claim has been referred to the Architect © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 27 THIS DOCUMENT HAS IMPORTANT LEGA: CONSEQUENCES CONSULTATION WITH, ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al, DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 11111111111111111 ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W Washington, D.C. 20006-5292 as provided in Paragraph 4.4 and no decision has been rendered. t'iiy Claim arising -out of -or related -to the Contract, except Claims relating -to aesthetic �ctf�f__c�ct _and + '.1 .] f,.r : Subparagraphs , 10 and ,10.5,-8h ll ex cpt-mese-�vaivecr-�s pi0viu%u-for u+ cr.�...,, 9.10.4 i fter deeision by the Architect -or -3o-days-afterfission-of the Claim -to -the-Areli4tect,-he subject to arbitration. Prior to arbitration, 476: Claims not -r eselved-by-mediation-shah-lie decided -by arbitration which, unless the parties mutually -agree otherwise, shall-be4n accordance -with -the Construction Industry -for arbitration-shallbe-Bled-irr ig- 4 the Contract -and -with -the Li rata •'� A -demand for arbitration -shall-We made -within t1;Cloop-}_ii_iii#_ 3 specified &t p� 446 -and 4.c..l- f.';-$t3��i1' Vulci caow tinni a icaaonab=eime a'f't`err the Claim has arisen, and in ° 7 of -legal -or equitable p r.,ee,d ngs bascd-?n-streh Claim -world -be barred-by-the-applieable statute of limitations as determined pursuant to Paragraph 13.7. 4.6.4 Limitation on Consolidation or Joinder. No dispute resolution arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agreement and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No dispute resolution arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contractor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in dispute resolution arbitration7. ra e as described No person or entity other than the Owner, Contractor or a separate contractor ••.. described in Article 6 shall be included as an original third party or additional third party to an dispute resolution arbitration whose interest or responsibility is insubstantial. Consent to dispute resolution arbitration involving an additional person or entity shall not constitute consent to dispute resolution arbitration of a Claim not described therein or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by to the shall be specifically enforceable under applicable law in any court parties Agreementspecifically --- = having jurisdiction thereof. 4.6.5 Claims`C' The party filingnotice of demand for and Timely Assertion of Claims. a dispute resolution arbitration must assert in the demand all Claims then known to that party on which dispute resolution arbitration is permitted to be demanded. 4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED ANA DOCUMENT MAY BE MADE BY USING Al, DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects, Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to rose legalr'--- prosecution, This document was electronically produced with permission of the AIA and can be reproduced in accordance witsf. your license icense without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004 28 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D C. 20006-5292 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. 5.1.3 Architect will not deal directly with any subcontractor, sub -subcontractor or materials supplier unless agreed to with Contractor. Contact will be made only through the Contractor. Requests for information or clarification shall be routed through the Contractor. 5.1.3.1 In certain instances deemed appropriate by the Architect, for purposes of expediency, the Architect may communicate directly with subcontractors or material suppliers concerning the work. No such communications shall become binding until properly directed through the General Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated m the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (mcluding those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor _ shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, mcluding the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.5 copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH, ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF T► ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL. DOCUMENT D401 29 This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identity to the Subcontractor terms and conditions of the proposed sitbcontsact a�LGClilent which may be at variance with the Contract Documents, Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of his subcontractors, and persons either directly or indirectly employed by them, or under their control, as he is for his own employees. _eschar__ _ rens claims of the 5.3.3 (,:ontra�'-tor IS reluireQ to l6�. arm UISGfIdI C di lliens or l,lalli lJ a`"aiio� the project. The Owner will retain the right to withhold payment or make payment against liens until Hens are satisfied, either during the course of the Work or prior to final completion. The Contractor is required to certify that, to the best of his knowledge, all previous billings from his subcontractors and others have been paid. 5.3.4 Nothing in the Contract Documents shall be construed to create any contractual relationship between any subcontractor and Owner or Architect. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and wiii subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution This document was electronically produced with permission of the A1A and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document: 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004 30 THIS DOCUMENT HAS IMPORTANT LEGA; CONSEQUENCES. CONSULTATION WITH. ATTORNEY 15 ENCOURAGED WA !TH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL. DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington; D C. 20006-5292 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Other until subsequently revised. 6.1.4 Unless otherwise provided m the Contract Documents, when the Owner perforans construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles io, u and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the salve responsibilities for cutting and patching as are described for the Contractor in Subparagraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 31 THIS DOCUMENT HAS IMPORTANT LEGA: CONSEQUENCES. CONSULTATION WITH. ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al. DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. MEM 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 elsewhere in the Contract Documents. The Contractor shall be responsible for notifvina the bonding and insurance company(s) of changes in the Work. 7.1.4 Contract sum adjustment proposals shall be submitted by the Contractor subcontractors through Contractor on breakdown sheets adopted by CMU by the Contractor ,--=-- - the Owner for Change Proposal submittals and the proposal shall be prepared in the following manner: 7.1.4.1 Direct Labor Costs: This is defined as the estimated labor costs determined by either estimated number of craft hours and the hourly costs necessary to perform the change in Work; or the unit labor costs applied to the material quantities, providing said unit labor costs; whichever is applicable, according to industry practice. The hourly costs shall be based on the following: (-s) Basgnile i aaw v v ages Current actual hourly wage rates, including vacation pay, for all labor, crew foreman, and general foreman performing and/or directly supervising the Work on this site. (2) Fringe Benefits Fringe benefits established by the State of Washington, Department of Labor & industries or contributed to labor trust funds as itemized fringe benefits, whichever are applicable. (3) Workmen's Insurance Direct contributions to the State of Washin•ton as Industrial Insurance. Medical Aid; and Supplemental Pension, by the class and rates established by the State of Washington. Department of Labor and Industries. (4) Federal Insurance Direct contributions required by the Federal Insurance Compensation Act (F.I.C..A.); Federal Unemployment Tax Act (F.U.T.A.): and the State Unemployment Compensation Act (S.U.C.). f51 Costs incurred by the Washington Industrial Safety and Health Act (W.I.S.H.A.); established as 2 percent of 1,2,3 and 4, above, (6) Travel allowance and/or subsistence if applicable, not to exceed those established by Regional Labor Union Agreements shall be itemized and identified separately. (7) No administrative time shall be allowed as a line item of the estimated cost of a change order. Administrative costs are considered to be part of the overhead and profit of the Contractor. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004 32 THIS DOCUMENT HAS IMPORTANT LEGA' CONSEQUENCES. CONSULTATION WITH , ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al, DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 7.1.4.2. Direct Material Costs: This is defined as an itemization of the estimated quantity of materials necessary to perform the change in the Work and the cost therefore. These costs shall be by the unit cost applied to the quantity and extended. The unit costs shall be based on the following: (1) The net costs after all offered or available discounts or rebates. (2) Freight costs; express charges; or special delivery costs when applicable. No lump sum costs will be allowed except when approved in advance by the Architect and Owner. 7.1.4.3 Construction Equipment Usage Costs For rental costs for materials for machinery and equipment rented from others, the actual rental costs paid plus compensation for furnishing all fuel, oil, lubrication, repairs, maintenance and insurance to the extent that such amounts are not included in the outside rental rate. For Contractor's own equipment, the rates established as computed for the equipment utilizing the most recent edition of the Associated General Contractor's Ownership Manual or the contractor's actual costs of ownership as determined by audit or agreement, whichever is less. 7.1.4.4 Prime Subcontractor's Proposals Subcontractor's proposals are to be itemized as in 7.1.4.1. 7.1.4.2, 7.1.4.3. above. 7.1.4.5 Overhead and profit by the the Contractor actually performing the Work A total amount, not to exceed 15 percent of items 7.1.4.1, 7.1.4.2. and 7.1.4.3 above will be allowed. This is to compensate such contractor for all personnel not defined in 7.1.4.1 (1) above; temporary construction facilities; home office costs; office engineering and estimating costs; and profit, plus any other cost incidental to the performance of the change in work. 7.1.4.6 Overhead and Profit by the Contractor or Subcontractors when not Actually Performing the Work Contractor (1) A total amount not to exceed 10 percent of the total amount of the subcontractor's proposal as defined in 7.1.4.4 above will be allowed for all overhead and profit to supervise and administer the subcontractors actually performing the change in work. (2) No direct labor by the Contractor will be allowed added to a subcontractor's proposal. Contractor's direct labor, if required, must be submitted as outlined in 7.1.5.2, Direct Labor Costs. Subcontractor Administering, but not performing the Work: © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 33 THIS DOCUMENT HAS IMPORTANT LEGA: CONSEQUENCES CONSULTATION WITH. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING At DOCUMENT 0401. This document has been approved and endorsed by The Associated General Contractors of America. 6/1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W Washington, D.C. 20006-5292 In the case of a subcontractor providing pass-through administration of a change, i.e., a change order in which work is performed by a subcontractor to a subcontractor the administering subcontractor will be limited to a maximum of 5 percent overhead and profit on the amount of the change order work performed by a its sub -subcontractor. A overhead profit will be SUU`SUUGUIIU di;lVt. maximum of 15 percent overhead and will be allowed for administration by the administering subcontractor and Contractor combined on work performed by sub -subcontractors. In no case shall the total amount of overhead and • rofit com • uted on a chape including sub - subcontractors, subcontractors and contractor, exceed a total of 30 percent. 7.1.4.7 Cost of any Increase or Decrease in Premium by Insurance and Public Works Bond Caused by the Change (1) General Contractor's Liability insurance To the above, the costs of the General Contractor's Liability insurance may be added. (2) Bond To the above, the cost of the Contractor's Bond may be added. 7.1.4.8 Deductive Changes Items 7.1.4.1, 7.1.4.2, 7.1.4.3, 7.1.4.4. and 7.1.4.7 will be itemized for deleted changes in the Work. 7.1.4.9 Additive Changes and Deductive Changes Together (1) If a change in the Work involves both additive and deductive changes, the appropriate overhead and profit amount allowed will be added to the net difference of items 7.1.4.1, 7.1.4.2, 7.1.4.3 and 7.1.4.4. (2) if other additive changed items are included in the same change proposal, the appropriate overhead and profit allowed is to be applied to these individuals change items. 7.1.4.10 Sales tax will be added following the total of the change amount, including mark-ups. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect, a Construction Change Directive requiresagreement the Owner and by Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1:3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document: 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 34 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH , ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MOnIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D C. 20006-5292 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment, if any, m 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 Subparagraph 7.1.4 and 7.3.3• 7.2.3.1 If the costs for change(s) are disputed, the work shall continue with the provision that the adjustment to the Contract Sum will not exceed the larger amount under protest. 7.2.3.2 If the Contractor is ordered to proceed under protest, it is the Contractor's obligation to notify the Owner in writing, within 21 days, of the reasons for the proposed amount of the claim. Failure to do so waives the claim by the Contractor. 7.2.3.3 If the Contractor knows of or should have knowledge of a concealed or partially concealed condition as part of the site and Contract Documents review prior to the bid, The Contract Sum shall not be increased. 7.2.3.4 In no case will any claims for extras be allowed unless such work, labor, materials or equipment have been ordered in writing by Owner through Architect. Claims for such extras must be approved by Architect before Owner makes payment. 7.2.3.5 If there exists a conflict among the Contract Documents. assume the most expensive work indicated is to be provided. Further, if work is shown on the drawings but not in the specifications, or work is specified but now shown on drawings, the work is to be provided with specifications or clarification drawings to be issued as appropriate. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 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 Subparagraph 7.3.6. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 35 THIS DOCUMENT HAS IMPORTANT LEGA' CONSEQUENCES. CONSULTATION WITH , ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF T1 ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining then sed adjustment in the Contract Sum nr Contract Timv u���L«.L «... Yr.^,spm^,.,..,..,.j...,,....,..,.,s....,, .,.�..,.�,... �.,._..,..�.,.,,,.�........_.. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a- for ovcnccad-proft. an allowance for overhead and profit in accordance with the schedule in Paragraph 7.1.4 above. In such case, and also under Clause 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. tireless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 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 tt custom, and workers' compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 The cost of small tools shall be considered a part of the cost of overhead and not allowed as a separate !inn item rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; ,4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office personnel directly attributable to the change. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed ed by the Architect. When both additions and credits covering related Afork or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document. 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 36 THIS DOCUMENT HAS IMPORTANT LEGA! CONSEQUENCES. CONSULTATION WITH. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL. DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes m the Work not involvmg 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. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used m the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article n to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 After substantial completion The the Contractor shall proceed carry the work forward expeditiously with adequate forces and shall achieve final completion, satisfying all requirements necessary for the Owner's acceptance of the project, within thirty (30) calendar days after Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in dehveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation and dispute resolution arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall may be extended by Change Order for such reasonable time as the Architect may determine. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution WARNING. Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document. 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004 37 THIS DOCUMENT HAS IMPORTANT LEGA, CONSEQUENCES. CONSULTATION WITH. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al, DOCUMENT D407 This document has been approved and endorsed by The Associated General Contractors of America. ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 8.3.1.1 If the Contractor is delayed in prosecution and completion of the work by any cause beyond the Contractor's control, Contractor shall have no claim or right of action for damages from Owner for any such cause or delay, unless cause or delay is result of fraud or active interference by the Owner. Extension of time ,ith ah.. actual delay t., completion ..L rk k, r.-led commensurate VVILI i the U,LUCLI U0Ic y for 1,01 I ItJl0LtUill 01 VVOI n may lay uc awarded 111 writing by Owner provided: that written claim for extension of time is made by Contractor, through the Architect, to Owner, within 20 calendar days from the beginning of the alleged cause for delay. Owner reserves right to withhold granting of any time extension until stipulated contract period is about to expire. 8.3.1.2 The Owner may waive its right to withhold granting of time extensions and may grant extensions of time for any reason. n n 1 n The Contractor ..l...,l1 ..b be entitled to of damages or extra O.J. I.0 1110 Contractor QL,L0l JI IQII IIOL 00 e1 ILILIOO to recovery v1 1AQ111ul�. riJ v! extra compensation of any kind for time delays resulting, in any way, from Contractor's failure or inability to perform all portions and phases of the work, throughout the course of the project, in full compliance with Contract Documents requirements. 8.3.1.4 Any or each delay will be considered as a single event. No consideration will be given to the compounding of delays. 8,3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. 8.3.4 No extension of time for completion will be allowed for delays or suspensions ion n u d contributed to t e fault or negligence of Contractee JUspe� IJIVi is .,aL.se.. by orby h negligence Work that deviates from the Contract Documents and the Architect requires to be corrected, are not grounds for time extensions. 8.4 LIQUIDATED DAMAGES 8.4.1 For each calendar day after the contracted date fixed for substantial completion of the project, as adjusted by change order, if applicable, that the work remains uncompleted, the Contractor agrees to pay and authorizes the Owner to deduct from any money due, or corning due to the Contractor the sum of $2,200.00 as liquidated damages, not as a penalty: provided that nothing contained herein shall preclude Owner from recovering actual damages in a treater amount where the same are proven by a preponderance of the evidence. .1 The time between the date established as Substantial Completion and the date fixed as Final Completion shall not exceed 30 calendar days. .2 The right of the Owner of liquidated damages is not affected by partial completion, occupancy, or beneficial occupancy. .3 Liquidated damages do not relieve the Contractor from liability for damages due to other breaches. The Contractor, by submitting its bid, assumes responsibility for liquidated damages and believes are waived unless articulated in writing at the time of the bid. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. l r I 1 produced copyright laws and will subject the violator to legal prosecution. This document was electronically prvLlL.cu with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document: 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 38 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIF1CATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AI. DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. s.111111111111 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W Washington, D.C. 20006-5292 ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated m the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.1.2 The contract sum, and any agreed variations thereof shall include all taxes imposed by law, including State and Local Sales Tax. For each progress payment, a proportionate amount of sales tax will be collected from the Owner and will be paid to the State by the Contractor in conformance with the law. The contractor shall furnish proof of payment of all taxes required by law. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days-befere the date established for -each -progress pa}rincnt, the - Contractor -shall mit -to the Architect -an itemized Application for Payment for - aperations completed accordance with -the schedule -of values. Progress payments will be made to the Contractor on a monthly basis, providing that Contractor shall submit to the Architect properly executed Application and Certificate for Payment for work performed the previous month, by the first working day of each month. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material supphers, and reflecting retainage if provided for in the Contract Documents. The form of Application for Payment shall be AIA Document G702, Application and Certificate for Payment, supported by AIA Document G703 or Architect's Standard Form, Continuation Sheet: notarized. 9.3.1.1 As provided m Subparagraph 7.3.8, such apphcations may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. 9.3.1.3 Prior to the release of any funds (first Progress Payment), the Contractor shall submit a list of subcontractors, construction schedule, schedules of values and a Statement of Intent to Pay Prevailing Wages for himself and his subcontractors properly signed by the Department of Labor & Industries. Refer to Section 01300 for additional requirements. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING• Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 39 THIS DOCUMENT HAS IMPORTANT LEGA' CONSEQUENCES. CONSULTATION WITH. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al. DOCUMENT D401 This document has been approved and endorsed by The Associated General Contractors of America. MEM 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 9.3.1.4 A sum not to exceed five percent (5%) of the monies earned by the Contractor on estimates during the progress of the improvement or work shall be reserved by the Owner. Said sum is to be retained by the Owner as a trust fund for the protection and payment of any person or persons, mechanic, subco„bc ntracto material sur"nlicr r erform any hhor 1 Inon such ntractor LL]r or IIIGtGIiCti JU IiLi who shall i,vIIII uiI ,uvvl w vI, vuvle contract or the doing of said work, all in accordance with the requirements of Chapter 60.28.011 RCW. In lieu of cash retainage, the Contractor may post a bond in accordance with Chapter 60.28 RCW. 9.3.1.5 No money will be retained on sales tax. 9.3.1.6 A sum equal to two percent (2%) of the monies designated for construction will be set aside as a separate line item on the pav request as "close completion timely Section 01300 OUT' to facilitate CUfllplt; llUfl of work in a t1111C1y p1OUleJj. See Section "Submittals" and Section 01700 "Project Close Out". No funds from this amount will be released until all of the items indicated are completed. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 7.3.3 The Contractor warrants 6UIU1 title to all Work- covered by an Appiukaiuvifor Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously -issued- and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright taws and will subject the violator to legal prosecution. This documentwas electronically probi Ion with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 40 THIS DOCUMENT HAS IMPORTANT LEGA' CONSEQUENCES CONSULTATION WITH. ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF Tl ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W. Washington, D.C. 20006-5292 continuous on-site inspections to check the quahty or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.i. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described m Subparagraph 3.3.2, because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 Ater -the Architcct -has issued - Certificate der Payment, -the Owncr -shall make - payin cnt-irt-the manner and within thc time providcd-iii the Contract Documents, and shall so notify thc Architect. For each properly executed application for payment package submitted by the Contractor, the Owner shall reimburse the Contractor the amount certified by the Architect by the last day of the month following the month of the performance of the work. Prior to final payment of retained monies and/or unpaid balance of the Contract Sum, the Contractor shall submit for himself and for each of his subcontractors the Affidavit of Wages Paid signed by the Department of Labor & Industries, together with such other submittals as required by the contract documents and as may be required by the Owner. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 41 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH, ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL. DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W Washington, D.C. 20006-5292 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's nnrtion of the Wnrk The Contractor shall, by appropriate agreement. with each Subcontractor, require each Subcontractor to make payments to Sub- subcontractors in a similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regardmg percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated m a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by dispute resolution arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owmg has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Contract Documents. ®8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. No portion of the project will be considered substantially complete until the local building and fire authorities shall have issued a Certificate of Occupancy covering that portion of the Work. AH of the project's parts and systems shall be accessible, operable, and usable by the Owner, including site work. The project shall be cleaned. Only incidental corrective work under punch lists and final © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004 42 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH, ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al, DOCUMENT 0401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 cleaning may remain for final completion. The Work may not be considered substantially complete if the corrective work or punch list work, in the Architect's reasonable judgment, cannot be completed within thirty (30) calendar days under conditions of Owner occupancy and without material interference with Owner occupancy. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such hst does not alter the responsibility of the Contractor to complete all Work m accordance with the Contract Documents. 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's hst, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them m such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not m accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Clause n.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 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. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document. 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 43 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH, ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al, DOCUMENT D401 This document has been approved and endorsed by The Associated General Contractors of America. ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D C. 20006-5292 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 ]'t' ft _ 'Work. order to determine andrecord the condition of the VV Ur1C. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9 10,1Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a fmal 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 fmal 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 `rifork 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 the fmal Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither fmal payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after fmal payment is currently ,n effect and tenll not be canceled or alln ved to expire lentil at least 3n clays' prior .,..t...,,,..� 111 effect ....... 11........ t....t......� ...,.. �...,..i ..., ..,...t � �., ....r„ Y.t... written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (g), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to mdemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Retainage shall not be paid until the Contractor has obtained certification or approvals required by law, including the approval of the Department of Labor & Industries of "Affidavit of Wages Paid" and the certification of the Washington Department of Revenue regarding taxes pursuant to RCW 60.28.051. The disposition of retainage shall be fully subject to all rights and requirements stated in RCW 60.28. "Final completion," "acceptance," and "completion of all contract work" shall mean passage of a resolution of acceptance by the Yakima City Council. Such acceptance shall be due promptly upon the issuance of the Architect's final Certificate for Payment and Owner's receipt of Contractor's submissions required by this Section 9.10. 9.10.3 If, after Substantial Completion of the Work, fmal completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting fmal completion, and the Architect so confirms, the Owner shall, upon apphcation by the Contractor and certification by the Architect, and without terminating © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 44 THIS DOCUMENT HAS IMPORTANT LEGAI CONSEQUENCES. CONSULTATION WITH, ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF Ts ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Ai. DOCUMENT D401 This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D C. 20006-5292 the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether m storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 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 utihties. 10.2.4 Whin -use -er storage -ef explosives -er -ether -hazardous -materials - - cquipment-er-unusual netheds-are necessary for cxccution-of the Work, the Contractor shall exercise -utmost care and carry - -strep activitics undcr -supervisietn -ef -properly - qualified personnel. Use of explosives is not permitted in this project. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004 45 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH, ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL. DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D C. 20006-5292 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under properly insurance required by the Contract Documents) to property referred to m Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly PYnployed by any of thein, or by anyone for whose ads they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2 .7 The Contractorshall not load or permit any pail of the construction or site to be loaded so as to endanger its safety. 10.2.8 Contractor is solely and completely responsible for conditions of job site in connection with work of the Contract, including safety of all persons and property, preparatory to and during performance of the Work. This requirement applies continuously and is not limited to normal working hours. 10.2.9 Contract documents, and all joint and subsequent phases of construction are governed, at all times by applicable provisions, amendments, etc., of governmental laws, regulations and ordinances. 10.2.10 Duty of Architect or Owner's representative to conduct construction review of Contractor's oerformance is not intended to include review of adequacy of Contractor's safety measures in, on, or near the construction site. 10.3 HAZARDOUS MATERIALS 10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, ine Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut - Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document. 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 46 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES CONSULTATION WITH, ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION, AI IT,HENTICATION OF TI ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING Al. DOCUMENT D401 This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W Washington, D C. 20006-5292 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 • employees -ef any -ef -from and agamst claims, damages, -losses and expenses, injury -or death -as- eseribed--iit_Subparagraph 10.3.1 and -has not been -rendered harmless, disease -or death, -or -to injury -to -or of -tangible property -(other -the Worle 16:4 The -Owner -shall not -be -responsible under Paragraph 1o.3 for materials and substances-brought-to—the-site by -the Contractor-unless-sueh materials-orstanees-vere 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 mcurred. 10.6 EMERGENCIES 10.6.1In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business m the jurisdiction m which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; and .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document- 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004 47 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL. DOCUMENT D401 This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D C. 20006-5292 The Contractor shall obtain liability insurance covering all work of his own and that of his subcontractors. The Contractor shall not commence work until he has obtained all insurance required, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained. The Contractor shall carry the following insurance for the duration of the Contract: Compensation Insurance: The Contractor shall carry Workers' Compensation Insurance for all his employees employed at the site of the project. The Contractor shall require the subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees. For any employees not subject to the State Act, the Contractor shall provide and shall cause each subcontractor to provide compensation insurance with a private company in an amount equivalent to that provided by the Workers' Compensation Statute, but no less than a $1,000,000 limit of liability, for the protection of his employees not otherwise protected. The Contractor shall comply with all the requirements and conditions of the State ofWashington Workers' Compensation Law, also with the rules, regulations and decisions made during the duration of this contract. The Contractor shall save the Owner and agents of the Owner harmless from any loss, damage or expense that they may suffer by failure of the Contractor to comply with the above. Comprehensive General Liability and Automobile Liability Insurance: The Contractor shall take out and maintain during the life of this contract and longer where indicated, the following coverages: The City of Yakima and KDF Architecture shall be named as additional insureds for liability arising out of work under this contract as a result of negligence, real or alleged, on the part of the Contractor, his subcontractors and their subcontractors. The policy shall permit "cross liability", the situation of insured against insured. Coverage and minimum limits of liability shall be as follows: Comprehensive General Liability (including premises -operations: independent contractors' protective: products and completed operations: broad form property damage): Bodily Injury: $1,000,000 Each Occurrence $1,000,000 Aggregate, Products and Completed Operations Property Damage: $1,000,000 Each Occurrence $1,000.000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of two years after final payment and Contractor shall continue to provide evidence of such coverage to Owner on an annual basis during the aforementioned period. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document. 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004 48 THIS DOCUMENT HAS IMPORTANT LEGA! CONSEQUENCES. CONSULTATION WITH. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING A1. DOCUMENT D401 This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 Property Damage Liability Insurance shall include coverage for the following hazards: Explosion, Collapse, Underground. Contractual Liability (Hold Harmless Coverage) for Bodily Injury: $1,000,000 Each Occurrence Property Damage: $1,000,000 Each Occurrence $1.000,000 Aggregate Personal Injury, with Employment Exclusion deleted $1,000,000 Aggregate Comprehensive Automobile Liability (owned, non -owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident Property Damage: $1,000,000 Each Occurrence Course of Construction Insurance shall be as follows: The Contractor shall carry the amount of the contract on an ALS 72 or similar form. Maximum $5.000.00 deductible: the Contractor shall be responsible for the the deductible. The City of Yakima, all subcontractors and the City of Yakima Architect / Engineering Consultants shall be named as additional insured. 11.1.2 The insurance required by Subparagraph u.1.1 shall be written for not less than limits of hability 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 fmal payment. 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance policies required by this Paragraph u.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 3o days' prior written notice has been given to the Owner. If any of the foregoing msurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 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. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 49 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL. DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W. Washington, D.C. 20006-5292 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANrE 11,3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architect's vicarious liability for construction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other hability 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 Clauses 11.1.1.2 through 11.1.1.5. 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 Paragraph 11.1. 11.4 PROPERTY INSURANCE 11.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the mitial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.io or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph i.t to be covered, whichever is later. This i.su..ra..nc..e.. shall i.c.._n_r.l_e_ interests the of Owner, the Contractor, Subcontractors and Sub -subcontractors in the Project. 11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demohtion occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. 11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 50 THIS DOCUMENT HAS IMPORTANT LEGA: CONSEQUENCES. CONSULTATION WITH, ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR ,MODIFICATION, AI ITHFNT!CATION QF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al, DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W Washington, D C. 20006-5292 11.4.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. 11.4.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. 11.4.1.5 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.4.4If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included m the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4.5 If during the Project construction penod the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.4.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.4.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.4. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each pohcy shall contain a provision that the pohcy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 3o days' prior written notice has been given to the Contractor. 11.4.7 Waivers of Subrogation. The Owner and Contractor waive all nghts against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Paragraph 11.4 or other property insurance apphcable 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 © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as rioted below. User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 51 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH, ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al, DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 the subcontractors, sub -subcontractors, agents and employees of any of thein, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.4.8A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph n.4.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally _ validity, _hal Subcontractors to makes eats reClllltCU for shall require �uu�vlfxf a�wfa auaw�. pa���ia,.uw to their Sub - subcontractors in similar manner. 11.4.9If required in wnting 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 dispute resolution arbitration award in which case the procedure shall be as provided in Paragraph 4.6. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. 11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved as provided in Paragraphs 4.5 and 4.6. The Owner as fiduciary shall, in the case of dispute resolution arbitration, make settlement with insurers in accordance with directions of the arbitrators. If distribution of insurance proceeds by dispute resolution arbitration is required, the arbitrators will direct such distribution. 11.5 PERFORMANCE BOND AND PAYMENT BOND 11.5.1 Thier shall have the right to require -the Contractor to furnish bonds covering faithful =r-rforritaneeof'he C--.tract-arid i ayr ncEt- farisinb thereunder —a - stipulated g rcquirements-or specifically rcqu' cd -in -the Contract Documents -en the date of execution of the Contract Contractor shall provide to the Owner separate performance and payment bonds (a Washington Public Works Bond) fully satisfying all requirements of RCW Ch. 39.08. Such bonds shall be an amount equal to one hundred percent (100%) of the Contract sum including Washington State sales taxes. 11.5.2Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 52 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2If a portion of the Work has been covered which the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. The guarantee and warranty period for heating, piping, electrical, ventilating, refrigeration, plumbing, temperature control, elevators, or other mechanical equipment shall be in effect from the date of Substantial Completion of the Work. unless the whole or partial system or a separate piece of equipment or component is put into use for the benefit of a party other than the installing subcontractor with the prior authorization of the Owner or the Architect. When written authorization has been given, the guarantee and warranty period will commence when that item is placed in operation. At the time of Substantial Completion, the Contractor shall, at no cost to the Owner, place that item in first class operating condition, as if it had not been used. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligations under Paragraph 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not m accordance with the requirements of the Contract Documents, the Contractor shall correct 1t promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Paragraph 2.4. The correction work provided in Article 12, shall be in addition to the warranties provided in the Agreement and particularly those provided in paragraph 3.5. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 53 THIS DOCUMENT HAS IMPORTANT LEGA, CONSEQUENCES. CONSULTATION WITH ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL. DOCUMENT D401 This document has been approved and endorsed by The Associated General Contractors of America. 111111111111111111 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W Washington, D C. 20006-5292 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. 12.'123 The nip -year period for correction of Work shall ilii be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 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 Subparagraph 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 Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located._ Contractors shall comply with Chapter 18.27 RCW relating to Contractor registration and Chapter 89.08 RCW relating to Contractor's bond. 13.2 SUCCESSORS AND ASSIGNS 13,2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Subparagraph 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13;2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing construction financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document. 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004, 54 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH, ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MnDIFICATION. AUTHENTICATION OF T1 ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING Al. DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. MIME ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D C. 20006-5292 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of pubhc authorities havmg jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities havmg jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 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 Subparagraph 13.5.3, shall be at the Owner's expense. 13.5.3If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING• Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below User Document. 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 55 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401 This document has been approved and endorsed by The Associated General Contractors of America. 111111111111111111 ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D C. 20006-5292 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 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. 13.8 PREVAILING WAGE RATES 13.8.1 The prevailing rate of wages to be paid to all workmen, laborers, or mechanics employed in the performance of any part of this contract shall be in accordance with provisions of ChapTer 39,12 RCW, as amended. The rules and regulations of the Department of Labor & Industries and the schedule of prevailing wage rates for the locality where this contract will be performed as determined by the Industrial Statistician of the Department of Labor & industries, are made a part of this contract and are found bound herein in Section 01311. 13.8.2 Inasmuch as the Contractor will be held responsible for paying the prevailing wages, it is imperative that all contractors familiarize themselves with the current wage rates before submitting bids based on these specifications. 13.8.3 in case any 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 arbitration to the Director of the Department & Industries of the State and his decision therein shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution, This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document. 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004 56 THIS DOCUMENT HAS IMPORTANT LEGA' CONSEQUENCES. CONSULTATION WITH, ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING At. DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N W. Washington, D.C. 20006-5292 13.8.4 Prevailing wage data, clarifications, etc., will be furnished by the Industrial Statistician upon request. Address - Division of Industrial Relations, Department of Labor & Industries, General Administration Building, Olympia, Washington 98504. Telephone (206) 753-6311. Information can also be accessed on-line at www.lni.wa.gov/prevailingwage. 13.9 WAGE RATE FORMS 13.9.1 Before payment is made by the local agency of any sums due under this contract, the local agency must receive from the Contractor and each subcontractor a copy of "Statement of Intent to Pay Prevailing Wages" (Form L&I Number F700-029- 000) approved by the Washington State Department of Labor & Industries. 13.9.2 Upon completion of this contract, the local agency must receive from the Contractor and each subcontractor a copy of "Affidavit of Wages Paid" (Form L&I Number F700-007-000) approved by the State Department of Labor & Industries. In addition, the local agency must receive from the prime contractor a copy of "Request for Release" (Form L&I Number F263-083-000) approved by the State Department of Labor & Industries. These affidavits will be required before any funds retained, according to the provisions of RCW 60.28.010, are released to the Contractor. Forms may be obtained from the Department of Labor & Industries. A fee amount required by state law for each "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" is required to accompany each form submitted to the Department of Labor & Industries. These fees shall be incidental to all the bid items of this contract. 13.9.3 If using the occupation code for wage affidavits and payrolls, and if the project involves more than one jurisdictional area, the Contractor shall reference the area just after the occupation code number. 13.10 EIGHT HOUR LAW AND PAYMENTS FOR LABOR 13.10.1 In accordance with Chapter 49.28 RCW, the Contractor agrees that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or any part of the work contemplated by this contract, shall be permitted or required to work more than eight hours in any one calendar day, provided that in cases of extraordinary emergency, such as danger to life or property, the hours of work may be extended. but in such cases the rate of pay for time employed in excess of eight hours of each calendar day shall be not less than one and one half times the rate allowed for this same amount of time during eight hours of services. Any work necessary to be performed after regular working hours, or Sunday or legal holidays shall be performed without additional expense to the Owner. 13.11 OFFSHORE ITEMS 13.11.1 In compliance with Chapter 39.25 RCW, you are required at the completion of the above referenced contract to furnish the Owner a certified statement setting forth the nature and source of Offshore Items in excess of Two Thousand Five Hundred and no/100 Dollars ($2,500.00) which have been utilized in the performance of the contract. 13.11.2 Offshore Items are those items procured from sources beyond the territorial boundaries of the United States including Alaska and Hawaii. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 57 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D C. 20006-5292 13.11.3 This certified statement is mandatory and must be received before final payment on the contract can be made. Ia. 'IL Nva"Y—iaien�. C fhIVIlvara I KAM 13.12.1 All contractors shall comply with the Washington State Law against discrimination, RCW 49.60, and with all applicable portions of the Title VII and the Civil Rights Act of 1964, 13.12.2 Contractor shall agree to fully comply with the following nondiscrimination clause in compliance with the provisions of Chapter 49.60 of the Laws of the State of Washington and Federal Regulations (Title 29CFR, Part 30). 13.12.2.1 The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national, origin, sex or age. The Contractor will ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex or age. Such actions shall include, but not be limited to the following: Employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination. rates of pay or other forms of compensation and selection for training. 13.12.2.2 The Contractor will, in all solicitations for employees or job orders for employees or job orders for employees placed with any employment agency, union or other firm or agency, state that all applicants will receive consideration for employment without regard to race, creed, color, national origin, sex or age. The words equal opportunity employer" in advertisements shall constitute compliance with this section. 13.12.2.3 The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the Contractor's commitments under this section. 13.12.2.4 The Contractor will include the provisions of the foregoing three paragraphs in every subcontract or purchase order for the goods or services that are the subject matter of this contract. 13.12.3 In the event of noncompliance by the Contractor with any of the nondiscrimination provisions of the contract. the contracting aaency shall have the right at its option. to cancel the contract in whole or in part. If the contract is cancelled after part performance, the contracting agency shall be obligated to pay the fair market value or the contract price, whichever is lower, for goods or services that have been received and accepted. 13.12.4 Contractors shall comply with applicable federal regulations and applicable provisions of Chapter 70.92 RCW relating to provisions for the aged and physically handicapped. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S copyright laws and wiii subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004 58 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH . ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUT HENT! AT 1QN OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL. DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 3o consecutive days through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government, such as a declaration of national emergency which requires all Work to be stopped; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 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 Subparagraph 2.2.1. 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 10o percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. 14.1.3 If one of the reasons described m Subparagraph 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.4If the Work is stopped for a period of 6o consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.3. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 59 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH, ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document: 97a201.aia -- 4/7/2004 AIA License Number 1006341, which expires on 4/30/2004. 60 THIS DOCUMENT HAS IMPORTANT LEGA' CONSEQUENCES. CONSULTATION WITH. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING A7. DOCUMENT 0401. This document has been approved and endorsed by The Associated General Contractors of America. 11026191211121511 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D C. 20006-5292 ARTICLE 15: STATUTORY PROVISIONS Comply with all applicable codes, ordinances, regulations and statutory provisions relating to public works, including, but not limited to, the following: 1. Chapter 70.92 RCW relating to provisions to the aging and physically handicapped. 2. Chapter 39.12 RCW relating to prevailing wages on public works. 3. Chapter 39.16 RCW relating to resident employees on public works. 4. Chapter 49.28 RCW relating to hours of labor. 5. Chapter 49.60 RCW relating to discrimination. 6. Chapter 39.08 RCW relating to Contractor's bond 7. Chapter 18.27 RCW relating to registration of Contractors. 8. Chapter 39.25 RCW relating to offshore items. 9. Chapter 60.28 RCW relating to retainage. 10. Chapter 49.17 RCW relating to WISHA and all rules and regulations promulgated. 11. WAC 51-11 Washington State Energy Code 12. WAC 51-13 relating to Ventilation and Indoor Air Quality. 13. WAC 51-16 Washington State Building Code 14. WAC 51-18 relating to Water Conservation Performance Standards. 15. WAC 51-20 relating to Accessibility 16. WAC 296-62 relating to Occupational Health Standards. ARTICLE 16: EQUAL OPPORTUNITY 16.1 The Contractor shall maintain policies of employment as follows: 16.1.1 The Contractor and all subcontractors shall not discriminate against ani employee or applicant for employment because of race, religion, color, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer: recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the policies of non-discrim ination. 16.1.2 The Contractor and all subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin. END OF GENERAL CONDITIONS Please sign Certificate of Compliance (shown on next page) and return it with your bid. © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING. Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 61 THIS DOCUMENT HAS IMPORTANT LEGA, CONSEQUENCES. CONSULTATION WITH, ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT 0401. This document has been approved and endorsed by The Associated General Contractors of America. ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W Washington, D C. 20006-5292 CERTIFICATE OF COMPLIANCE I / We certify that a Statement of Intent to Pay Prevailing Wages as required under RCW 39.12.040 has been submitted to the Department of Labor and Industries of the State of Washin•ton for each Contractor or Subcontractor .rior to commencin' work on the contract for the project in Yakima: Washington, for the City of Yakima. Company Name Authorized Signature Date END OF CERTIFICATE © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violatorto legal prosecution. This d;CUmCn+, , dSelectronicallypn[red with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document. 97a201.aia -- 4/7/2004. AIA License Number 1006341, which expires on 4/30/2004. 62 THIS DOCUMENT HAS IMPORTANT LEGA CONSEQUENCES. CONSULTATION WITH, ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TI ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AL DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 August 13, 2004 Glenn Rice, Assistant City Manager City Manager's Office City of Yakima 129 North 2nd Street Yakima, WA 98901 Re: The Capitol Theatre Phase 1 Renovations KDF Project #200349.00 Dear Glenn: CITECIVED Y OF AKINIA AUG 1 3 2004 OFFICE OF CITY MANAGER CIT\, J-0 (o In light of some new information regarding the maintenance contract between The Capitol Theatre and DIVCO Incorporated, we are recommending that we don't except alternate No. 8, Modernize Temperature Controls and Unit Price b), VAV damper linkage and operator replacement. This is a savings of $56,200. DIVCO will provide most of the work in the items noted above at no cost to the project or The Capitol Theatre with the understanding that their maintenance agreement with the Theatre will continue beyond this year. There are a few issues that will need to be worked out with DIVCO that will add some cost to the project, but it will be minimal to what is being saved. The modified contract amount is $247,950 which includes the following alternates: 1. Alternate No. 1 - Tile Floor in the Existing Women's Restroom #013 $3,000 2. Alternate No. 2 - Tile Walls in the Existing Women's Restroom #013 $3,000 3. Alternate No. 3 - Replace Vanity and Lav's in the Existing Women's Restroom #013 $3,500 4. Alternate No. 4 - Paint Walls in the Existing Women's Restroom #013 $350 5. Alternate No. 5 - Replace Existing Tile Floors and Walls in Exist Women's Rm #012 $12,000 6. Alternate No. 6 - Replace Existing Toilet Partitions in the Existing Women's Rm #012 $1,900 7. Alternate No. 7 - Replace Existing Suspended Ceiling in Women's Restroom #012 & 013 $4,200 8. Alternate No. 9 - Balance Air Distribution System $4,200 9. Alternate No. 11 - Add Second Switch Location for House Lighting $2,000 10. Alternate No. 12 - Add Spring Isolators $15,000 Total Accepted Alternates $50,150 With this modification the construction contract is $69,050 under budget and the total project cost is now $82,433 under budget. See attached Estimate of Probable Construction and Project Cost. KDF Architecture 1310 North 16th Avenue Yakima, WA 98902-1354 www.kdfarchitecture.com voice 509-575-5408 fax 509-453-0293 Rod Knipper AIA David C. Franklund AIA Senior Assoc. Brian J Andringa AIA Dennis W Dean AIA The Capitol Theatre Phase 1 Renovations August 13, 2004 Page 2 There are several items that KDF recommend be evaluated that would significantly enhance the project as follows: 1. There are several mechanical items that should be tied into the existing Direct Digital Control (DDC) system as we have discussed in the past. 2. Connecting the DDC system to the dampers on stage. This needs to be completed so the Theatre can control (shut down) the air on stage while still cooling other parts of the building. 3. Replace all existing toilet accessories. 4. Refinish the existing Men's Restroom similar to what we are doing in the existing Women's Restroom. This would include replacing the existing lavatories with new automatic units similar to what we are using in the new restroom. This would also include replacing the existing toilet partitions. To proceed on items 1 & 2 we will meet with the DIVCO representative to determine exactly what the scope of work would be. Once a scope of work is determined we will submit a fee proposal for our effort. We will also need to decide if the City works with DIVCO directly or through Moen's contract. I have enclosed three original contracts for signature. Sincerely, Dennis W. Dean Senior Associate, Architect, AIA Enclosure: Estimate of Probable Cost Standard Form of Agreement Between Owner and Contractor cc: Glenn Rice, Assistant City Manager Steve Caffery, Executive Director, Capitol Theatre Sofia Mabee, Assistant City Attorney Don Moen, G.H. Moen, LLC Audie Wallace, Hargis Engineers Niels Fallisgaard, Hargis Engineers L:\200349 Capitol Theatre Ph 1\Construction Phase\Letters\081304 Mech Changes to Contract.wpd CAPITOL THEATRE ESTIMATE OF PROBABLE CONSTRUCTION COST PHASE 1 RENOVATIONS KDF Architecture Print Date: 8/13/2004 L.\200349 Capitol Theatre Phase 1\Cost Estimates\Bid Estimate.qpw Project No• 200349.00 ESTIMATE PHASE: BIDDING 550 SF 550 SF BUDGET DESIGN ESTIMATE BID RENOVATION RESTROOMS $219.11 /SF $120,511 MECHANICAL SYSTEM MODIFICATIONS MODERNIZE TEMPERATURE CONTROLS See Alt REPLACE AIR COOLED CHILLER $107,180 BALANCE AIR DISTRIBUTION SYSTEM See Alt CLEAN AIR DISTRIBUTION DUCTWORK Excluded REPAIR VAV DAMPER LINKAGE See Alt SUBTOTAL $227,691 CONTRACTOR GENERAL CONDITIONS @ 15.00% $34,154 SUBTOTAL CONTRACTOR OVERHEAD & PROFIT @ 10.00% $26,184 SUBTOTAL ESTIMATING CONTINGENCY @ 10.00% $28,803 $261,845 $288,029 SUBTOTAL $316,832 ESCALATION @ 0.00% $0 TOTAL ESTIMATED CONSTRUCTION COST $316,832 $197,800 $317,000 COST PER SQUARE FOOT NA NA OVER / (UNDER) BUDGET ($168) ($119,200) ADDITIVE ALTERNATES PROPOSED ACCEPTED PROPOSED ACCEPTED 1. Replace Tile Floor in Women's #013 $5,000 $0 $3,000 $3,000 2. Replace Tile Walls in Women's #013 $8,000 $0 $3,000 $3,000 3. Replace Vanity and Lav's $0 $0 $3,500 $3,500 4. Paint Walls in Existing Women's $1,500 $0 $350 $350 5. Tile Floor & Walls in Women's #012 $14,171 $0 $12,000 $12,000 6. Replace Toilet Part's Women's #012 $0 $0 $1,900 $1,900 7. Replace Ceiling Tile Women's $0 $0 $4,200 $4,200 8. Modernize Temp Controls $94,300 $0 $24,000 9. Balance Air Distribution System $13,340 $0 $5,200 $5,200 10. Investigate VAV Damper Linkage $0 $0 $4,000 11 Second Location for House Lighting $0 $0 $2,000 $2,000 12. Add Spring Isolators $0 $0 $15,000 $15,000 11. VAV Linkage Unit Price - Repair $0 $0 $1,400 11. VAV Linkage Unit Price - Replace $0 $0 $1,400 SUBTOTAL $136,311 $0 $80,950 $50,150 TOTAL ESTIMATED CONST COST WITH ALTERNATES $316,832 $247,950 $317,000 OVER / (UNDER) BUDGET ($168) ($69,050) CAPITOL THEATRE ESTIMATE OF PROBABLE PROJECT COST PHASE 1 RENOVATIONS KDF Architecture Print Date: 8/13/2004 L:\200349 Capitol Theatre Phase 1\Cost Estimates\Bid Estimate.qpw Project No: 200349.00 ESTIMATE PHASE: BIDDING BUDGET CONSTRUCTION COST DESIGN ESTIMATE BID $316,832 $247,950 A&E BASIC FEE $61,169 $61,169 WSST @ 7.9% $25,030 7.9% $19,588 CONSTRUCTION CONTINGENCY 8.0% $25,347 8.0% $19,836 SUBTOTAL $428,377 $348,543 MISC ITEMS NOT IN CONSTRUCTION CONTRACT HAZARDOUS MATERIAL INVESTIGATION $2,000 $2,000 EXTRA SERVICE FOR ARCHITECTURAL HISTORIAN $0 $0 FEE FOR ALTERNATES $0 $0 REIMBURSABLE EXPENSES $3,000 $3,000 FURNITURE, ART, SIGNAGE SELECTION FEE NA NA DATA / VOICE CABLING NA NA PHONE SYSTEM NA NA FURNITURE NA NA WINDOW TREATMENTS NA NA ARTWORK & ACCESSORIES NA NA SIGNAGE $3,000 $3,000 MINOR EQUIPMENT (Fire Extinguishers, etc.) NA NA OFF SITE CIVIL ENG NA NA SUBTOTAL $8,000 $8,000 MISCELLANEOUS LEGAL & ACCOUNTING NA NA CITY BUILDING PERMITS $2,702 $2,530 CITY BLDG PLAN REVIEW FEE $1,756 $1,644 OTHER PERMITS NA NA SITE SURVEY NA NA GEOTECHNICAL INVESTIGATION NA NA CONSTRUCTION INSPECTION $3,000 $2,000 ASBESTOS REMOVAL - SPEC, TESTING & INSP. FEE NA NA SITE ACQUISITION NA NA REAL ESTATE TAXES NA NA TITLE INSURANCE NA NA APPRAISAL NA NA FINANCING COSTS NA NA MOVING COSTS $1,000 $1,000 TELEPHONE SERVICE RELOCATION $13,800 $13,800 DATA SERVICE RELOCATION $9,700 $9,700 FIRST YEAR LEASE OF OFFICE SPACE $21,600 $0 OTHER (CONTINGENCY) 0.00% $0 8.71% $21,600 SUBTOTAL $53,558 TOTAL ESTIMATED PROJECT COST $489,936 OVER / (UNDER) BUDGET ($1,314) $52,274 $408,817 $491,250 ($82,433) ORIGINAL Document A101 TM -1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Fourth day of August in the year of 2004 (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) City of Yakima 129 North 2nd Street Yakima, WA 98901 and the Contractor: (Name, address and other information) G.H. Moen, L.L.C. 516 South 5th Avenue Yakima, WA 98902 The Project is: (Name and location) The Capitol Theatre, Phase 1 Renovations 19 South Third Street Yakima, WA 98901 The Architect is: (Name, address and other information) KDF Architecture, Inc. 1310 N. 16th Avenue Yakima, WA 98902 The Owner and Contractor agree as follows. Project No. 200349.00 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 original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AIA Document A101 TM -1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:02 on 08/13/2004 under Order No.1000118390_1 which expires on 5/12/05, and is not for resale. User Notes: (1460680133) 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) August 4, 2004 If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the Work as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date 1. The work related to the new Women's Restroom is to be substantially completed within 90 calendar days. This includes all electrical and mechanical systems. 2. The demolition work in the new September 1, 2004 Women's Restroom and all work related to existing Restrooms and Hallways is to be completed to a point that the existing rooms are fully operational and accessible. 3. The rooftop chiller installation including September 1, 2004 all connections to the existing systems. 4. All mechanical work, shall be substantially completed within 45 calendar days. This does not include work related to the new restroom. AIA Document A101 T° -1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING. This 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 10:00:02 on 08/13/2004 under Order No.1000118390_1 which expires on 5/12/05, and is not for resale. User Notes: (1460680133) 2 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Two hundred and forty-seven thousand nine hundred fifty dollars ($ 247,950 ) excluding Washington State sales tax, subject to additions and deductions as provided in the Contract Documents. Washington State sales tax in the amount of Nineteen thousand five hundred eighty-eight dollars ($19,588) will be applied to the contract amount. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) Alternate No. 1 — Tile Floor in the Existing Women's Restroom #013 $ 3,000 Alternate No. 2 — Tile Walls in the Existing Women's Restroom #013 $ 3,000 Alternate No. 3 — Replace Vanity and Lav's in the Existing Women's Restroom #013 $ 3,500 Alternate No. 4 — Paint Walls in the Existing Women's Restroom #013 $ 350 Alternate No. 5 — Replace Existing Tile Floors and Walls in Existing Women Restroom #012 $12,000 Alternate No. 6 — Replace Existing Toilet Partitions in the Existing Women's Restroom #012 $ 1,900 Alternate No. 7 — Replace Existing Suspended Ceiling in Women's Restroom #012 # 013 $ 4,200 Alternate No. 9 — Balance Air Distribution System $ 5,200 Alternate No. 11 — Add Second Switch Location for House Lighting $ 2,000 Alternate No. 12 — Add Spring Isolators $15,000 § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the fifth working day of the month, the Owner shall make payment to the Contractor not later than the 25th day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment. § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. AIA Document A101 TM -1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA® 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 10:00:02 on 08/13/2004 under Order No.1000118390_1 which expires on 5/12/05, and is not for resale. User Notes: (1460680133) 3 § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5% ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-1997. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, less retainage shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. AIA Document A101 T"' -1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This 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 taw. This document was produced by AIA software at 10:00:02 on 08/13/2004 under Order No.1000118390_1 which expires on 5/12/05, and is not for resale. User Notes: (1460680133) 4 § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: 1. Retainage shall be paid when the Contractor has submitted, and the Architect approved, a Certificate of Payment for release of retainage and the Owner has received all materials and certifications as required in the General Conditions of the Contract for Construction, Article 9, paragraph 9.10.2 of the Specifications. ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. § 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ( ) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's representative is: (Name, address and other information) Glenn Rice, Assistant City Manager 129 North 2nd Street Yakima, WA 98901 (509) 575-6040 § 7.4 The Contractor's representative is: (Name, address and other information) Donald G. Moen 516 South Fifth Avenue Yakima, WA 98902 (509) 248-0740, Ext. 202 § 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written noti ce to the other party. § 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: AIA Document A101 TM -1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:02 on 08/13/2004 under Order No.1000118390_1 which expires on 5/12105, and is not for resale. User Notes: (1460680133) 5 § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101-1997. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. 1 § 8.1.3 Document Title Pages § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Attachment A 1 § 8.1.5 The Drawings are as follows, and are dated July 7, 2004 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) 1 Title of Drawings exhibit: Attachment B § 8.1.6 The Addenda, if any, are as follows: Number Date Pages 1 July 19, 2004 15 2 July 20, 2004 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect fy us n of the Contract, and the remainder to the Owner. • OWNER (Signal rue) CONTRACTOR (Signature) (Printed name and title) (Printed name and title) ATTEST: City Clerk h.' d r, F.. AIA Document A101 TM -1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:02 on 08/13/2004 under Order No.1000118390_1 which expires on 5/12/05, and is not for resale. User Notes: (1460680133) 6 ATTACHMENT A THE CAPITOL THEATRE PHASE 1 RENOVATIONS TABLE OF CONTENTS PAGES DIVISION 0 - GENERAL PROVISIONS AND BIDDING DOCUMENTS Section 00010 - Advertisement for Bid 3 Section 00100 - Instructions to Bidders 6 Section 00300 - Form of Proposal 4 Section 00350 - Subcontractor Listing 1 AIA Document A310, Bid Bond 2 AIA Document A101-1997, Standard Form of Agreement 6 AIA Document A312, Performance Bond 7 AIA Document A201 -1997, General Conditions of the Contract for Construction 51 DIVISION 1 - GENERAL REQUIREMENTS Section 01010 - Summary of Work 2 Section 01025 - Measurement and Payment 4 Section 01028 - Modification Procedures 3 Section 01030 - Alternates 3 Section 01039 - Coordination and Meetings 2 Section 01045 - Cutting and Patching 3 Section 01300 - Submittals 2 Section 01310 - Schedules and Reports 5 Section 01400 - Quality Control 2 Section 01500 - Construction Facilities and Temporary Controls 5 Section 01600 - Material and Equipment 3 Section 01700 - Contract Close-out 5 Section 01740 - Warranties and Bonds 2 PAGES DIVISION 2 - SITE WORK Section 02072 - Demolition For Remodeling 3 Section 02207 - Aggregate Materials 3 Section 02225 - Trenching 3 DIVISION 3 - CONCRETE Section 03300 - Cast -In -Place Concrete 10 DIVISION 5 - METALS Section 05500 - Metal Fabrications 2 THE CAPITOL THEATRE PHASE 1 RENOVATIONS DIVISION 6 - WOOD & PLASTICS PAGES Section 06200 - Finished Carpentry 3 Section 06410 - Custom Casework 4 DIVISION 7 - THERMAL & MOISTURE PROTECTION Section 07900 - Joint Sealers 4 DIVISION 8 - DOORS AND WINDOWS Section 08211 - Flush Wood Doors 4 Section 08700 - Hardware 7 Section 08800 - Glazing 2 DIVISION 9 - FINISHES Section 09260 - Gypsum Board Systems 4 Section 09300 - Tile 4 Section 09511 - Suspended Acoustical Ceilings 5 Section 09900 - Painting 8 DIVISION 10 - SPECIALTIES Section 10160 - Metal Toilet Compartments 4 Section 10400 - Identifying Devices 2 Section 10800 - Toilet and Bath Accessories 4 DIVISION 15 - MECHANICAL Section 15010 - General Provisions 4 Section 15011 - Special Provisions 2 Section 15015 - System Start-up and Instruction Periods 2 Section 15030 - Electrical Provisions of Mechanical Work 3 Section 15051 - Access, Excavation and Backfilling 1 Section 15055 - Mechanical Identification 4 Section 15060 - Pipe, Tube and Fittings 4 Section 15080 - Piping Specialties 3 Section 15090 - Supports, Anchors and Seals 4 Section 15100 - Valves 3 Section 15140 - Pumps 1 Section 15250 - Mechanical Insulation 3 TABLE OF CONTENTS Page 2 THE CAPITOL THEATRE PHASE 1 RENOVATIONS PAGES DIVISION 15 - MECHANICAL (Continued) Section 15401 -Domestic Water Piping 2 Section 15405 - Soil and Waste Piping System 3 Section 15410 - Plumbing 2 Section 15510 - Chilled Water Piping Systems 3 Section 15820 - Air Distribution Equipment 2 Section 15840 - Ductwork 4 Section 15870 - Outlets and Inlets 2 Section 15900 - Controls 3 Section 15980 - Testing, Adjusting, and Balancing 2 DIVISION 16 - ELECTRICAL Section 16010 - General Provisions 5 Section 16060 - Electrical Demolition for Remodels 2 Section 16070 - Electrical Connections for Equipment 2 Section 16110 - Raceway 3 Section 16120 - Wire and Cables 2 Section 16135 - Electrical Boxes and Fittings 2 Section 16140 - Wiring Devices 2 Section 16500 - Lighting 2 TABLE OF CONTENTS Page 3 ATTACHMENT B DRAWING INDEX GENERAL: GO.1 COVER SHEET, ABBREVIATIONS, INDEX ARCHITECTURAL: A2.1 OVERALL FLOOR PLAN & DEMOLITION PLAN A2.2 ENLARGED FLOOR & CEILING PLANS & DETAILS A7.1 BLDG SECTION, INTERIOR ELEVATIONS & ROOM FINISH SCHEDULE A8.1 DETAILS A8.2 DETAILS MECHANICAL: MO.1 MECHANICAL LEGEND, SCHEDULES & DETAILS M1.1 MECHANICAL BASEMENT DEMO PLAN M2.1 BASEMENT PLUMBING PLAN M3.1 BASEMENT HVAC PLAN M3.3 LOWER BALCONY HVAC PLAN M3.4 UPPER BALCONY HVAC PLAN M3.5 ROOF HVAC PLAN ELECTRICAL: E2.1 ELECTRICAL FLOOR PLANS E2.2 ELECTRICAL LEGEND, SCHEDULES & DETAILS CHANGE ORDER KDF Architecture 1310 N. 16th Avenue Yakima, WA 98902 509-575-5408 fax 509-453-0293 PROJECT: The Capitol Theatre Phase 1 Renovations TO: G.H. Moen, LLC 516 South Fifth Avenue Yakima, WA 98902 CHANGE ORDER NUMBER : 03 ARCHITECT'S PROJECT NO: 200349.00 CONTRACT FOR: General Construction CONTRACT DATE: August 4, 2004 ISSUE DATE: February 11, 2005 You are directed to make the following changes in this Contract: 1. Delete temperature controls per MCOP 16 & PR 09. 2. Change waste receptacles to free standing with funnel top per MCOP 24 & PR 06 3. Repair leaks in Existing Men's Restroom per MCOP 26 & CCD 001. 4. Revise fire sprinkler lines as required for ceiling modifications per MCOP 27. 5. Hot water tank thermostat controls per MCOP 28 6. Patch existing roof at new supports, this includes general roof repair per MCOP 29. DEDUCT $ -1,595.00 ADD $ 1,377.00 ADD $ 0.00 ADD $ 2,417.00 ADD $ 832.00 ADD $ 2,954.00 ADD $ 283.00 $ 6,268.00 7. Install two access panels in the Robertson room as required for VAV replacement per MCOP 30. TOTAL (TOTAL DOES NOT INCLUDE WASHINGTON STATE SALES TAX) Nut valid until ciged by hnth th. (honer and Arrhitert 4igtwrnre of the Crntrartnr indiratec hic agreement here,vith inrhiding nny nrl.jnctmrnt in the ('nntrart cum nr Cnntrnrt Ti The original (Contract Sum) {Guarantccd Maximum Cost) was $ 247,950.00 Net change by previous Change Orders $ 52,763.35 The (Contract Sum) {Cuarantccd Maximum Cost) prior to this Change Order was $ 300,713.35 The (Contract Sum) m o ) will be (increased) (dccrcascd) (uncivnigcd) $ 6,268.00 The new (Contract Sum) (Guarantccd Maxim -urn Cost) including this Change Order will be $ 306,981.35 The Contract Time will be (iae1cascd) (&ereased) (unchanged) by ZERO (-0-)Days. The Date of Substantial Completion as of the date of this Change Order therefore is UNCHANGED by this Change Order KDF Architecture G.H. Moen, LLC ARCHITECT CONTRACTOR 1310 N. 16th Avenue 516 South Fifth Avenue Yakima, WA 98902 Yakima, WA 982� Ad s City of Yakima OWNER 129 North 2nd Street Yakima, WA 98901 SIGNATURE -SIGNATURE L•`lved; DATE d DATE 2 DATE DEC 14 '04 17:38 T0-4530293 FROM -GH MOEN G.H. Moen, L.L.C. 518 SOUTH FIFTH AVENUE YAKIMA, WA 98902 To: Company: Fax: From: Company: Phone: Fax: Dennis Dean KDF (509) 453-0293 Donald G. Moen Q.H. Moen, L.L.C. (509) 248-0740, ext. 202 (509) 575-1587 Date: December 14, 2004 Pages including this cover page: RE: The Capital Theatre Phase 1 Renovations MCOP # 16 RE: Delete Temperatur= Co G. . Moen, LLC T-525 P,01/03 F-634 Total Add $ (1595.00 rocs rP o 1 7 12/14/04 Date Date l /5;- 9'i Date NOV 19 '04 15:52 T0-4530293 FROM -GN MOEN G.H. Moen, L.L.C. T-307 P,01/03 F-414 516 SOUTH FIFTH AVENUE YAKIMA, WA 98902 To: Company: Fax: From: Company: Phone: Fax; Dennis Dean KDF (509) 453-0293 Donald G. Moen G.H. Moen, L.L.C. (509) 248-0740, ext. 202 (509) 575-1587 Date: November 19, 2004 Pages including this cover page: 3 RE: The Capital Theatre Phase 1 Renovations MCOP # 24 . RE: Glaro-Products Fun Total Add $ 4.00 X _ 41,14,Z'36y_ p Banded Receptacles, Satin Finish, Etc �' ° '` s rl--0( .H. Moen, LL.0'4"P" KDF Architecture City alma 11/19/04 Date Date � 2� 3(aY Dam DEC 15 '04 11:53 T0-4530293 FROM -GH MOEN T-526 P.01/02 F-639 G.H. Moen, L.L.C. 516 SOUTH FIFTH AVENUE YAKIMA, WA 98902 To: Company: Fax: From: Company: Phone: Fax: Date: Pages including this cover page: Dennis Dean KDF (509) 453-0293 Donald G. Moen C.H. Moen, L.L.C. (509) 248-0740, ext. 202 (509) 575-1587 December 15, 2004 RE: The Capital Theatre Phase 1 Renovations MCOP # 26 . RE: Repair water leaks in G.H. Moen, LLC Total Add $ O. restroom C- O 00 1 12/15/04 KDF Architecture f Ya Date t2, -(c--6± Date Date DEC 15 2004 4:57PM HP LASERJET 3200 DEC -15 -2004 -WED 04:13 PM KDF Architecture FAX No, 5094530293 DEC 15 '04 11:53 TO.4530293 FROM -GH MOEN G.H. Moen, L.L.C. P. 002 T-527 P.O1/03 F-640 616 SOUTH FIFTH AVENUE YAKIMA, WA 98902 To: Company: Fax: From: Company: Phone: Fax: Date: Pages including this cover page: Dennis Dean KDF (509) 453-0293 Donald G . Moen G.H. Moen, L.L.C. (509) 248-0740, ext. 202 (509) 575-1587 December 15, 2004 RE: The Capital Theatre Phase 1 Renovations MCOP # 27 RE:. 'se fire sprjrk r lin Total Add $ 2.417.0D -G.H. Moen, LLC 12/15/04 Date /215-ot Date Date p.1 JAN 20 2005 2:22PM HP LASERJET 3200 SAN -127.2005 -TUE 11:42 AM KDF Architecture FAX No, 539453C293 JAN 05 '05 11:55 T0-4530293 FROM -0H HOD G.H. Moen, L.L.C. P. 003 T-595 P.01/04 F-752 516 SOUTH FIFTH AVENUE YAKIMA, WA98902 To: Company: Fax: From: Company: Phone: Fax: Date Pages including this cover page: Dennis Dean KDF (509) 463-0283 Donald G. Moen G.H. Moen; L.L.C. (509) 248-0740, ext. 202 (509) 575-1587 January 5, 2005 RE: The Capital Theatre Phase 1 Renovations MCOP # 28 RE: Hot Water Tank T Total Add $ 832.00 trols 01/05/05 Date KDF Architecture Date Date P.3 JAN 20 2005 2:22PM HP LASERJET 3200 JAN -19 -2005 -TUE 11:42 APS KDF Architecture FAX No. 5094530293 JAN 13 '05 15:41 T0.4530293 FROH-GH MEN G.H. Moen, L.L.C. P. 002 T -8B1 P. 01/03 F-846 516 SOUTH FIFTH AVENUE YAKIMA, WA 98902 To: Company: Fax: From: Company: Phone: Fax: Dennis Dean CIF (509) 453.0293 Donald G. Moen G.H. Moen, L.L.C. (509) 246-0740, ext. 202 (509) 575-1587 Date: January 13, 2005 Pages Including this cover page: RE: The Capital Theatre Phase 1 Renovations MCOP #29 .. RE:irs to exist Total Add $ 2954.00 G.H. Moen, LLC KDF Architecture 01113/05 Date Date of Yakima Date p.2 JAN 25 '05 14:06 T0-4530293 FROM -GH MOEN T-827 P.01/04 F-967 G.H. Moen, L.L.C. 516 SOUTH FIFTH AVENUE YAKIMA, WA 98902 To: Company: Fax: From: Company: Phone: Fax: Date: Pages including this cover page: Dennis Dean KDF (509) 453-0293 Donald G. Moen G.H. Moen, L.L.C. (509) 248-0740, ext. 202 (509) 575-1587 January 25, 2005 4 RE: The Capital Theatre Phase 1 Renovations MCOP # 30 . RE: Access Pane11J • ations Total Add $ 283.00 01/25/05 G.H. Moen, LLC Date C)....4•61 C.-- tivoC KDF Architecture Date o akim 2 2,-)t) .r. Date CERTII-1CATE OF SUBSTANTIAL COMPLETION AIA DOCUMENT G704 Distribution to: OWNER ❑ CONTRACTOR ❑ FIELD ❑ OTHER ❑ 7q ( PROJECT: The Capitol Theatre Phase 1 Renovations ARCHITECT: KDF Architecture (name, address) 19 South Third Street Yakima, Washington 98901 ARCHITECT'S PROJECT NUMBER: 200349 TO (Owner): City of Yakima CONTRACTOR: G.H. Moen, L.L.C. 129 North 2nd Street Yakima, Washington 98901 CONTRACT FOR: General Construction CONTRACT DATE: August 4, 2004 DATE OF ISSUANCE: January 11, 2005 PROJECT OR DESIGNATED PORTION SHALL INCLUDE: ALL WORK The Work performed under this Contract has been reviewed and found to be substantially complete. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as December 21, 2004, which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is attached hereto. The failure to include any items on such lists does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of fmal payment unless otherwise agreed to in writing. KDF Architecture ARCHITECT BY DATE The Contractor will complete or correct the Work on the list of items attached hereto within Thirty (30) days from the above Date of Substantial Completion. r G. H. Moen, L.L.C. CONTRACTOR DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at 5:00 pm (time) on December 21, 2004 (date). City of Yakima OWNER / -it 2— DATE The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: The Owner shall be responsible for maintenance, heat, utilities, damage to the Work and insurance on this portion of the project. (Note --Owners and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage; Contractor shall secure consent of surety company, if any.) Capitol Theatre Phase I Renovations KDF Project No. 200349.00 December 9, 2004 Revised: December 10, 2004, December 21, 2004 PUNCH LIST PRESENT: Scott McKay — Capitol Theatre, Kip Fletcher — Moen Construction, Dennis Dean- KDF Architecture Notes: 1. Highlighted items have been completed. 2. *Indicates items to meet Owners approval. DATE DATE CONSTRUCTION ROOM NOTED REPAIRED NUMBER & DESCRIPTION 12/09/04 12/09/04 GENERAL ITEMS Clean all porcelain tile floors and walls. There is still adhesive residue on some of the tiles. There is still a dry film on the tiles. Clean both sides of third joint from floor on south wall of room 001. All extra material is to be provided to the Theatre. This includes 96 sq. ft. of acoustical ceiling tile, porcelain tile, paint (each color used) and one case of each type of fluorescent or incandescent lamps used. Everything has been provided except lamps. 12/09/04 12/10/04 Clean all of the reused existing air diffusers. 12/09/04 Label lighting control system. 12/09/04 12/10/04 Remove all of the leftover existing wood trim, except for the few long pieces of the base and GWB from the south closet. 12/09/04 12/10/04 Clean all floor drain covers to remove grout. GENERAL MECHANICAL ITEMS 12/21/04 Label all new above ceiling piping with flow arrows. WOMEN'S RESTROOM 001 12/09/04 12/10/04 Need to clean the ceiling tile near the south diffuser. 12/09/04 The 'ND' light fixtures along the south wall need to focused toward the wall so that they are washing the wall. 12/09/04 12/10/04 Touchup paint in the northeast corner near the tile base. Capitol Theatre Phase I Renovations KDF Project No. 200349.00 DATE DATE CONSTRUCTION ROOM NOTED REPAIRED NUMBER & DESCRIPTION PUNCH LIST December 9, 2004 12/09/04 Tighten up the light fixture between the two mirrors on the east wall. 12/09/04 Install cover plate at plumbing cleanouts total of three locations. 12/09/04 12/10/04 Install insulation boot at all lavatory drain pipes. 12/09/04 12/10/04 Remove all tags from the supply piping below the lavatories. 12/09/04 Adjust all lavatory valves so that the water is at the specified temperature. 12/09/04 The hand rail at the stair is unacceptable. The tube has bumps in it and the brushed finish is inconsistent. Infill the end of the tube facing the wall. 12/10/04 12/10/04 Install sign strike side of entry door. 12/10/04 Install paper towel dispensers. 12/10/04 Install waste receptacles. 12/21/04 Provide missing cold/hot water mixing valve at the service to the lavatories. WOMEN'S RESTROOM 002 12/09/04 Clean all toilets and valves. There is residue in the bowl and stickers on the surface. 12/09/04 12/10/04 Install shutoff valve covers such that they are tight enough that they will not come off easily. 12/09/04 12/10/04 At the southeast toilet replace the shut off valve cover plate, which was installed with plumbers putty because the plastic threads are non existent. 12/09/04 12/10/04 Reinstall escutcheons at all toilet valves to be tight against the wall and non moveable. 12/09/04 12/10/04 Repair leak at southwest (handicapped) toilet. 2 Capitol Theatre Phase I Renovations KDF Project No. 200349.00 DATE DATE CONSTRUCTION ROOM NOTED REPAIRED NUMBER & DESCRIPTION PUNCH LIST December 9, 2004 12/09/04 Replace the north 'NA' light fixture with the specified 'ND' light fixture. 12/09/04 Adjust infrared sensors at all toilets. There are several that are not functioning. 12/10/04 Remove markings on all toilet seats. 12/21/04 The next to last water closet on the NE wall is leaking. Repair. EXISTING WOMEN'S RESTROOM 013 12/09/04 12/10/04 Install insulation boot at all lavatory drain pipes. 12/09/04 12/10/04 Remove all tags from the supply piping below the lavatories. 12/09/04 Adjust all lavatory valves so that the water is at the specified temperature. 12/09/04 12/10/04 Clean mirrors. 12/09/04 12/10/04 Clean smudge from ceiling tile at the south down light. 12/09/04 12/10/04 Fill the pinholes in the grout joint on left side of vanity. 12/09/04 12/10/04 Touchup paint on east wall at the entry, not adequate coverage. 12/09/04 12/10/04 Adjust the automatic valve on the center lavatory. It does not appear to be working. 12/09/04 12/10/04 Remove all stickers and clean lavatories. 12/21/04 Provide missing cold/hot water mixing valve at the service to the lavatories. EXISTING WOMEN'S RESTROOM 012 12/09/04 12/10/04 Remove all pencil marks from the floor, walls. 12/09/04 12/10/04 Install escutcheons at all flush valves. -3 Capitol Theatre Phase I Renovations KDF Project No. 200349.00 DATE DATE CONSTRUCTION ROOM NOTED REPAIRED NUMBER & DESCRIPTION 12/09/04 PUNCH LIST December 9, 2004 Install Chrome sleeve at all flush valves such that the sleeve covers the entire pipe and does not move. Cleanup the sleeve and silicone it in place. 12/09/04 12/10/04 Clean the floor drain cover to remove grout. EXISTING HALLWAY 014 12/09/04 12/10/04 Clean carpet. EXISTING HALLWAY 015 12/09/04 12/10/04 Clean the north wall. EXISTING MEN'S RESTROOM 12/09/04 12/10/04 Touchup the ceiling tiles to remove smudges. HW CLOSET 003 12/09/04 12/10/04 Install escutcheons around all penetrations through the GWB ceiling. 12/21/04 Contractor shall insure the temperature of the domestic hot water is at approximately 120 degrees F for occupant use. Please confirm easy access to controls or provide same for final acceptance. 12/21/04 Contractor shall insure the domestic hot water circulating pump is functional. 12/21/04 Replace front cover at electrical access on HWT. 12/21/04 Insulate remaining piping at the HWT. ROOF TOP CHILLER 12/21/04 Tighten and secure all support bolts on chiller and associated suspended piping. -4- BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: April 13, 2004 ITEM TITLE: A.) Authorizing and directing the City Manager to execute a contract and any related documents between the City of Yakima and the Washington State Department of Community, Trade, and Economic Development (CTED) regarding the receipt of state funds for improvements to the Capitol Theatre; and B.) Authorizing and directing the City Manager of the City of Yakima to execute an architectural services agreement with KDF Architecture, Inc. to provide architectural services for improvements to the Capitol Theatre. SUBMITTED BY: Bill Cook, Director CED CONTACT: Michael Morales, 575-3533 SUMMARY EXPLANATION: The Washington State Legislature appropriated $500,000 in its Local and Community Projects Program in 2003 to pay for improvements to the Capitol Theatre. As the owner of the Capitol Theatre, the City of Yakima must serve as the recipient of these funds. CONTINUED ON NEXT PAGE Resolution Ordinance Contract x Other: Funding Source: Washington State Dept. of Community, Trade & Economic Dev •pment A••roval for Submittal: City Manager STAFF RECOMMENDATION: Staff recommends approval of the contract. BOARD RECOMMENDATION: COUNCIL ACTION: A) Resolution adopted. RESOLUTION R-2004-57 Bl Resolution adopted. RESOLUTION R-2004-58 1 The funds are administered by CTED, which will provide the appropriated funds, less its contract management cost of $8,750.00, in accordance with the terms and conditions of the attached agreement. The budget estimates included in the contract Attachment "A" were done prior to negotiations with and input from KDF Architecture. A revised budget (attached) will be submitted to CTED for amendment along with the executed original of the contract. This is CTED's preferred method of amending the agreement. These improvements require an architect prepare designs and provide other services. After conducting a request for qualifications and interviewing three firms from Washington and California, KDF Architecture, Inc. was recommended by the selection committee. KDF Architecture has the experience and expertise necessary to provide such architectural services and is willing to do so in accordance with the attached architectural services agreement. The agreement between the City and KDF, including fee structure, is attached. 2