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UNDERGROUND TANK
Hazardous Materials/Hazardous WaSte Unified Permit CONDITIONS OF ~PERMIT ON REVERSE SIDE Permit ID #:: 015-000-001420 CAR WASH OF AMERICA ,oC~T~o.: 2a01, sT '. TANK HAZARDOU,~ 015-000-001420-0001 UNLEADED 015-000-001420-0002 SUPREME 015-000-001420-.0003 LEADED This Oennit is issued for the fOllowinq: [] Hazardous Materials Plan El Underground Storage of He_~erdOus Materials [] Risk Management Program [] Hazardous Waste On-Site Treatment lNG Issued by: Bakersfield Fire Department OFFICE OF ENVIRONMENTAL SER VICES' 1715 Chester Ave., 3rd Floor Bakersfield, CA 93301 Voice '(661) 326-3979 FA~ (661) 326-0576 Approved by: · EXpiratiOn Date: Officeof£vironm.n~lIScrvices ~ 'June 30. 2003 Issue Date ICA Cert. No.00852 City of Bakersfield Office of Environmental Services 1715 Chester Ave., Suite 300 Bakersfield, California 93301 (805) 326-3979 An upgrade compliance certificate has been issued in connection with the operating permit for the facility indicated below. The certificate number on this facsimile matches the number on the certificate displayed at the facility. I Instructions to the issuing agency: Use the space bellow to enter the tbllowing information in the tbrmat of I your choice: name of owner; name oi"operator: name of I'hcility; street address, city, and zip code of thcility: thcility identitication number (l'?om Form A); name of issuing agency; and date of issue. Other identi~ing intbrmation may be added as deemed necessary by the local agency. This permit is issued on this 2ad day of November, 1998 to: CAR WASH OF AMERICA Permit #015-021-001420 2301 H St Bakersfield, California 93301 Ope te ,Approved by: ......... iiii~i!!:,i!ili~!!~iiii ~::' ...... 3ermit No. 1420 State I.D. 160040 .... ~?:::i!;? [!': S!:~i~i~ ~REVERSE .~~ CONDITION, ~;::P:~ SIDE Hazardous G~ii:~F~%:;4;:.;;~; ..... y,~,~,~::.. :~; ~'~, a n k ?~~;~:: ~ping Piping 01 UNLADED .~~7~:;~~'' :::~ ~::::~:9~ ~aW:E. C~'] ~)~':::~.~}~, FLT PRESSURE A~ PRESSURE 0203 UNLADED ~::~ OQD ~;:~ .:~:E'::.':1:~?':'::.":~]~;:~ ~'~:~::;D~:::~/~::'.~-::~.'r'~ :~%: CUM ?.?::::~ FLT ALD ~; ..7 :~::~;~;:::.~ond:i:~ns subj'~':~';~'change in re~'atio~:.~:.::::::.~~' Bakersfield Fire Dept .... HAZARDOUS MATERIALS DIVISION 1715 Chester Ave., 3rd Floor Bakersfield, CA 93301 (805) 326-3979 ~ Coordinator 07-01-94 07-01-99 Valid ~rom: to: FRANK FioBI:~'~ "'"'";'- NIAGARA CAR WASH. 2301 H STREET BAKERSFIELD, CA 93301 Issued By: Tank NulllU~l Underground Hazardous Materials Storage Facility Hazardous Mate~s Storage ?c~llty Iss"u<ed By: Approved by: Bakersfield Fire Dept. HAZARDOUS MATERIALS DIVISION 1715 Chester Ave., 3rd Floor Bakersfield, CA-93301 (805) 326-3979 Ralph E. Huey, Hazardous Materials Coordinator ~ORRECTION NOjjTIC E BAKERSFIELD FIRE DEPARTMENT N° 1031 Sub Div. ~)~0 ( xH" ~', Slk. . Lot You are hereby required to make the following corrections at the above location: Cor. ~o J Completion Dale for C/orr-eotions~, Inspector 326-3979 CITY OF BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES UNIFIED PROGRAM INSPECTION CHECKLIST 1715 Chester Ave., 3r" Floor, Bakersfield, CA 93301 FACILITY NAME ADDRESS ~_'~ ~3 FACILITY CONTACT INSPECTION TIME INSPECTION DATE PHONE NO. 2Ot{- 2.3 BUSINESS ID NO. 15-210- NUMBER OF EMPLOYEES Section 1: Business Plan and Inventory Program [] Routine ~ Combined [] Joint Agency [] Multi-Agency [] Complaint [] Re-inspection OPERATION C V COMMENTS Appropriate permit on hand Business plan contact information accurate Visible address Correct occupancy Verification of inventory materials Verification of quantities Verification of location Proper segregation of material Verification of MSDS availability Verification of Haz Mat training Verification of abatement supplies and procedures Emergency procedures adequate Containers properly labeled Housekeeping Fire Protection Site Diagram Adequate & On Hand C=Compliance V=Violation Any hazardous waste on site?: Explain: [] Yes [] No Questions regarding this inspection? Please call us at (661) 326-3979 White - Env. Svcs. Yellow - Station Copy Pink - Business Copy Business ~i~_~sponsibLe Party Inspector: FACILITY NAME CITY OF BAKERSFIELD FiRE DEPARTMENT OFFICE OF ENVIIRONMENTAL SERVICES UNIFIED PROGRAM INSPECTION CHECKLIST 1715 Chester Ave., 3ra Floor, Bakersfield, CA 93301 INSPECTION DATE Section 2: Underground Storage Tanks Program Routine [~ Combined [~l Joint Agency Type of Tank ,.fRz0 IZC-q, Type of Monitoring ~ t. k,X 1~ Multi-Agency 1~ Complaint Number of Tanks --~ Type of Piping /x t~'1' Re-inspection OPERATION C V COMMENTS Proper tank data on file Proper owner/operator data on file Permit tees current Certification of Financial Responsibility Monitoring record adequate and current ~,/ Maintenance records adequate and current Failure to correct prior UST violations Has there been an unauthorized release? Yes No V Section 3: Aboveground Storage Tanks Program TANK SIZE(S). AGGREGATE CAPACITY Type of Tank Number of Tanks OPERATION Y N COMMENTS SPCC available SPCC on file with OES Adequate secondary protection Proper tank placarding/labeling Is tank used to dispense MVF? If yes, Does tank have overfill/overspill protection? C=Compliance V=Violation Y=Yes N=NO Inspector: c,_.~]_~, ~~/~__,~ Office of Environmental Services (805) 326-3979 White - Env. Svcs. Pink - Business Copy Business Sffe Responsible Party TEST DATE: 09/05/00 CLIENT: TOWER ENERGY GROUP 111 WEST OCEAN BLVD. SUITE 1650 LONG BEACH, CA 90802 MARK VASEY (562) 435-4225 8900 SHOAL CREEK, BUILDING 200 AUSTIN, TEXAS 78757 (512) 451-6334 FAX (512) 459-1459 TEST RESULT SITE-' SUMMARY REPORT TEST TYPE: VacuTect PURPOSE: COMPLIANCE CUSTOMER PO: WORK ORDER NUMBER: 3113464 SITE: NIAGRA CARWASH 2301 H STREET BAKERSFIELD, CA 93309 MANAGER (661) 555-1212 The following test(s) were conducted at the site above in accord~,nce with all applicable portions of Federal, NFPA and local regulations Tank Tests PLUS SUPER UNLRADED 12,000 12,000 12,000 96. O0 96. O0 96. O0 PAS S PAS S PASS 0.000 0.000 0.000 PASS PAS S PAS S Line and Leak Detector Tests PLUS SUPER UNT,RADED 0.000 0.000 0.000 !DET~OR Tanknology appreciates the opportunity to serve you, and looks forward to xvorking with you in the future. Please call any time, day or night, when you need us. Tanknology representative: Test conducted by: KEN MINTON DAVID TOHIR Reviewed: Technician Certification Number: 1315 Printed 09/18/2000 18:10 KOHLMEYER ; ,MATION A '-TEST RESULTS TEST DATE: 09/05/00 CLIENT: TOWER ENERGY GROUP 8900 SHOAL (;REEK, BUILDING 200 AUSTIN, TEXAS 78757 (512) 451-6334 WORK ORDER NUMBER31134 64 SITE:NIAGRA CARWASH Tank ID: Product: PT,US Capacity in gallons: 12,000 Diameter in inches: 96.00 Length in inches: 38'/ Material: S T~.~.T, COMMENTS Tank manifolded: NO Vent manifolded: NO Vapor recovery manifolded: NO Overfill protection: NO Overspill protection: YES Installed: ATG CP installed on: ./ Bottom to top fill in inches: 132.0 Bottom to grade in inches: 13'/. 0 Fill pipe length in inches: 36.0 Fill pipe diameter in inches: 4.0 Stage I vapor recovery: COAX Stage II vapor recovery: BALANCE Start (in) End (in) Dipped Water Level: 0,00 0,00 Dipped Product Level: 3O, '/5 30, '/5 Probe Water Level: 0,000 0,000 Ingress Detected: Water N Bubble N UllageN Test time: 12: 14-13: 43 Inclinometer reading: -0,40 VacuTect Test Type: Single tank VacuTect Probe Entry Point: Fill Pressure Set Point: -1.00 Tank water level in inches: 0.00 Water table depth in inches: Determined by (method): Result: PASS COMMENTS ground water at 180' per Kern County Water Resources Dept. New/passed Failed/replaced L.D. #1 L.D. #1 Make: I~ED JACKET Model: P.L.D. S/N: ~ Open time in sec: 2. oo Holding psi: lO Resiliency cc: lOS Test leak rate mi/m: 189.0 ,Metering psi: 28 Calib. leak in gph: 3. oo Results: PASS New/passed Failed/replaced L.D. #2 L.D. #2 NOT TE S TED COMMENTS COMMENTS Material: FIBERGLASS Diameter (in): 2.0 Length (fi): '/5.0 Test psi: 50 Bleedback cc: 0 Test time (min): 30 Start time: 12: 26 End time: 12: 56 Final gph: 0. 000 Result: PASS Pump type: PRESSURE Pump make: TOK~E L~ NOT NOT NOT TF. S TED TE S TED TE S TED Impact 'Valves Operational: Printed 0gl18/2000 18:10 MATION AN TEST RESULTS TEST DATE: 09/05/00 CLIENT: TOWER ENERGY GROUP 8900 SHOAL CREEK, BUILDING 200 AUSTIN, TEXAS 78757 (512) 451-6334 WORK ORDER NUMBER31134 64 SITE:NIAGRA CARWASH Tank ID: Product: SUP~.R Capacity in gallons: 12,000 Diameter in inches: 96.00 Length in inches: 387 Material: ST~.ET. COMMENTS 2 Tank manifolded: NO Vent manifolded: NO Vapor recovery manifolded: NO Overfill protection: NO Overspill protection: YES Installed: ATG CP installed on: / Bottom to top fill in inches: ].3't. 0 Bottom to grade in inches: ].36.0 Fill pipe length in inches: 35.0 Fill pipe diameter in inches: 4.0 Stage I vapor recovery: coax Stage II vapor recovery: BALANCE Start (in) End (in) Dipped Water Level: 0.00 0.00 Dipped Product Level: 29.50 29.50 Probe Water Level: 0. 000 0. 000 Ingress Detected: Water N Bubble 1,,] UllageN Test time: ].3: 54-15:24 Inclinometer reading: -0.60 VacuTect Test Type: Multiple tanks VacuTect Probe Entry Point: Fill Pressure Set Point: -1.00 Tank water level in inches: 0.00 Water table depth in inches: Determined by (method): Result: PASS COMMENTS GROUND WATER AT 180' PER KERN COUNTY WATER RESORCES DEPT New/passed L.D. #1 Make: RED JACKET Model: D.L.D. S/N: u~,., Open time in sec: 2. oo Holding psi: 11 Resiliency cc: 95 Test leak rate mi/m: 189.0 Metering psi: 27 Catib leak in gph: 3. oo Results: ~,ss Failed/replaced New/passed Failed/replaced L.D. #1 L.D. #2 L.D.//2 NOT TESTED COMMFNTS COMMENTS Material: FIBERGLASS Diameter (in): 2.0 Length (fL): 75.0 Test psi: 50 Bleedback cc: 0 Test time (min): 30 Start time: 13: 08 End time: 13: 38 Final gph: 0. 000 Result: PASS Pump type: PRESSURE Pump make: TOZem IM NOT NOT NOT T]'~ S TED TE S TED TE S TED Impact Valves Operational: Printed 09/18/2000 18:10 MATION A - TEST RESULTS TEST DATE: 09/05/00 CLIENT: TOWER EZ,~RGY GROUP 8900 SHOAL CREEK, BUILDING 200 AUSTIN, TEXAS 78757 (512)451-6334 WORK ORDER NUMBER31134 64 SITE:NIAGRA CARWASH Tank ID: Product: UNLEAD~.D Capacity in gallons: 12,000 Diameter in inches: 96. oo Length in inches: 387 Material: STEET. COMMENTS 3 Tank manifolded: NO Vent manifolded: NO Vapor recovery manifolded: NO Overfill protection: NO Overspill protection: YES Installed: ATG CP installed on: / Bottom to top fill in inches: 3.32.0 Bottom to grade in inches: 137.0 Fill pipe length in inches: 36.0 Fill pipe diameter in inches: 4.0 Stage I vapor recovery: coax Stage II vapor recovery: BALANCE Start (in) End (in) Dipped Water Level: 0.00 0.00 Dipped Product Level: 31.50 31.50 Probe Water Level: 0. 000 0. 000 Ingress Detected: Water N Bubble N UllageN Test time: 13,: 54-15: 24 Inclinometer reading: -0.50 VacuTect Test Type: Hult:iple tanks VacuTect Probe Entry Point: Fill Pressure Set Point: -1.00 Tank water level in inches: o. 00 Water table depth in inches: Determined by (method): Result: mass COMMENTS GROUND WATER AT 180' PER KERN COUNTY WATER RESOURCES DEPT, New/passed L.D. #1 Make: RED JACKET Modeh P.L.D. SIN: Open time in sec: 2. oo Holding psi: Resiliency cc: 3.2o Test leak rate mi/m: zeg. o Metering psi: 28 Calib. leak in gph: 3.00 Results: PASS Failed/replaced New/passed Failed/replaced L.D. #1 L.D. #2 L.D. #2 NOT TE S TED COMMFNTS COMMENTS Material: FIBERGLASS Diameter (in): 2.0 Length (ft): '15.0 Test psi: 50 Bleedback cc: 0 Test time (min): 30 Start time: 14: O0 End time: 3.4: 30 Final gph: 0. 000 Result: PASS · Pump type: PRESSURE Pump make: TOKHE ZM NOT NOT NOT TESTED TESTED TESTED Impact Valves Operational: ~ES Printed 09/18/2000 18:10 Test Date: 09/05/2000 {~IONITOR SYSTEM CERTIF] 2ATION TANI~OLOGY Work Order #: 3113464 Client: TOWER ENERGY GROUP Site: 111 WEST OCEAN BLVD. LONG BEACH, CA, 90802 Overall System Operation NIAGRACARWASH 2301 H STREET BAKERSFIELD, CA, 93309 The pumps; Shut down automatically if the system detects a leak, fails to operate, or is electronically disconnected. The system has functioning audible and visual alarms. The circuit breaker for the system is properly identified. The system is certified operational per manufacturer's performance standards. Product Tank Monitoring: [ ] Double wall [ X ] Single wall Make: Model: EI~W AUTO Type: AUTOMATIC TANK GAUGE How many: 3 Operational: (Automatic tank gauge, annular space vapor probe, annular space liquid probe, hydroguard system, vadose zone monitor well, groundwater monitor well) [ ] Yes [X ] No IX ] Yes [ ] No [X ] Yes [ ] No [X ] Yes [ ] No IX ] Yes [ ] No Comments: Product Piping Monitoring: [ ] Double wall [ X ] Single wall Make: Model: EBW-FLOA Type: SUMP LIQUID SENSOR How many: 3 Operational: (Piping sump liquid sensor, piping trench liquid sensor, electronic line pressure sensor, mechanical line leak detector) [X ] Yes [ ] No Comments: Other Monitoring Systems: Make: Model: Type: How many: Operational: [ ] Yes [ ] No Comments: Technician: DAVID TQHIR Technician Signature: SITE DIAGRAM 8900 SHOAL CREEK, BUILDING 200 AUSTIN, TEXAS 78757 (512) 451-6334 FAX (512) 459-1459 TEST DATE: 09/05/00 CLIENT:'~OTw'~R ]~I'ERG~' G~OT3[3 WORK ORDER NUMBER31134 64 SITE: NIAGZ~. C..2~RTS'ASH W UL SUP PLUS Printed 09/18/2000 18:10 KOHLMEYER CITY OF BAKERSFIELD -~r['-09(~0 OFFICE OF ENVIRONMENTAL SERVICES-t~t~ ~ 1715 Chester Awe., Bakersfield, CA (805) 326-3979 APPLICATION TO PERFORM A TANK TIGHTNESS TEST FACILITY /~,l I~ A~or~ss Z3 0 / PEKMIT TO OPERATE OPEKATORS NAME ,ow~v,s NA~m ~ER OF TANKS TO BE TESTED IS PIPING GOING TO BE TESTED TANK # VOLUME CONTENTS / / ~ ,4c ,. ~,~ ~/ TANK TESTING COMPANY '7'~ ,'~ k ~/OR 1'~4 -- FLA,t') ~Z_. , N~& PHOtO. ER OF CONTACT PERSON ~ ~R TEST ME,,THOD NAME OF TESTER CErCrrFICATION # / ~? / 5"- DATE & TIME TEST IS TO BE CONDUCTED I)AT SIGNATURE OF APPI,ICANT CITY OF BAKERSFIELD or s av c s 171 :~he~ter Ave., Bakersfield, CA ~01 (661) 326-3979 UNDERGROUND STOOGE TANKS- UST FACILI~ ~ & ~ ~E ~O~RE _ I ~-"~. ~,~ ~.~-~ II.;, INOIVIDUAL I ' · ~AY15 o, , CZTY 0 4. LOCA~A4~:NCYI~ r""] & STAY, AGeNCY 413. 0 m CO~m~YAOaNCY C] Z INO~OUA~ O Z 1143~ncxJ~. C] 4. LOC~AGIg~'Y/OI.qTii~ZX 414. 418, 415. 416. 0 e. STA~ AC, eCY 419. N. BOARD OF EQUAUZ. AT1ON us"r 8TORAGE FEE ACCOUNT NUMBER ~'m)"Q 1414 I' I~1°1~1~1~1~1 c.(o.,=~.,._-.. 0 z ~. O s. La"r~ C~C~04T I O e~ S~A~J~oacr-o,.-,,=~ 1-1 lo. LO~OOV'TI~ I""1 gg. VI. LEGAL NOTIFICATIOK AND IMJUNO ADDRF.88 VlL APPUCANT 81GNATURE I~ I1 In~ Iml i~CUrl~e I~ I~ b4~ C~ my knowiei~L [$TATE IJ~T FAC, IUTY ~ (F~Iog~t ~ oflly) UPCF (7~g) 421. I ' tgglUIN3RAD~CERTIFICATENUIdBER/r~,k~.~/u~eo~y] S:%CUPAFO~.W~ ~'TATE 01: CAUFOFIMA STATE WATER RESOURCES CONTROL BOARDi~ii ¢£RTIFICATION OF COMPLIANC~I~ FOR UNDEi:IOROUND STORAO£ TANK INSTALLATION FORM C COMPLETE A SEPARATE FORM FOR EACH TANK SYSTEM I. SITE LOCATION II. INSTALLATION (mark all that apply): I-'q The installer has been certified by the tank and piping manufacturers. //....~"~The installation has been inspected and certified by a registered professional engineer. he installation has been inspected and approved by the implementing agency. All work lis.ted on the manufacturer's installation checklist has been completed. The installation Contractor has been certified or licensed by the Contractors State License Board. Another method was used as allowed by the implementing agency. (Please specify.) III. OATH I certify that~r~vided is true to the best of my belief and knowledge. Tank Owner/Agen~////~ r, Date Prnt Name ' ' ~ Phone ( ) LOCAL AGENCY USE ONLY STATE COUNTY # JURISDICTION # FACILITY # TANK # I:ORM C (7/91) THIS FORM MUST BE ACCOMPANIED BY PERMIT APPLICATION FORMS A & B UNLESS THEY HAVE BEEN FILED PREVIOUSLY STATE OF CAUFORNIA STATE WATER RESOURCES CONTROL BOARI:J~j CERTIFICATION OF COMPLIANC~I~ FOR UNDERGROUND STOFIAGE TANK INSTALLATION FORM C COMPLETE A SEPARATE FORM FOR EACH TANK SYSTEM I. SITE LOCATION STREET COUNTY , II. INSTALLATION (mark all that apply): The installer has been certified by the tank and piping manufacturers. The installation-has been inspected and certified by a registered professional engineer. The installation has been inspected and approved by the implementing agency. All work listed on the manufacturer's installation checklist has been completed. The installation Contractor has been certified or li,...ensed by the Contractors State License Board. Another method was used as allowed by the implementing agency. (Please specify.) III. OATH I certify Tank Owner/Ag e ~..._~.~~ Print Name Address ~Piq I istrue to the best of my belief and knowledge. ~ '~/.~/?/~,~ Date ~-")~II~j(~ I-~L' Phone (j~{)~.~)~-'~ LOCAL AGENCY USE ONLY STATE COUNTY # TANK I.D. # FORM C (7/91) JURISDICTION # FACILITY # TANK # THIS FORM MUST BE ACCOMPANIED BY PERMIT APPLICATION FORMS A & B UNLESS THEY HAVE BEEN FILED PREVIOUSLY S1'&TE OF ¢&UFORNIA STATE WATER RESO'URCES CONTROL BOARr CERTIFICATION OF COMPLIAN¢ FOR UNDERGROUND STORAGE TANK INSTALLATION FORM C COMPLETE A SEPARATE FORM FOR EACH TANK SYSTEM I. SITE LOCATION II. INSTALLATION (mark all that apply): The installer has been certified by the tank and piping manufacturers. ,,..~"' The installation has been inspected and certified by a registered professional engineer. The installation has been inspected and approved by the implementing agency. , All work listed on the manufacturer's installation checklist has been completed. /,/~' The installation Contractor has been certified or licensed by the Contractors State License Board. Another method was used as allowed by the implementing agency. (Please specify.) Tank Ow n e r/Ag'~n[~"'~~Y~j~~ Date PrintName ~ ' ~ Phone (~O~Z'O~4~ LOCAL AGENCY USE ONLY STATE COUNTY # JURISDICTION # FAClI. ITY # TANK # ;OR~ c ~7~) 'THIS FORM MUST BE ACCOMPANIED BY PERMIT APPLICATION FORMS A & B ~JflLESS THEY HAVE BEEN FILED PREVIOUSLY ~TAT~ OF CAUFORMA STATE WATER RESOURCES CONTROL BOARD UNDERGROUND STORAGE TANK PERMIT APPLICATION- FORM B COMPLETE A SEPARATE FORM FOR EACH TANK SYSTElt~ MARK ONLY ,~ t NEW PERMIT ~ 3 RENEWAL PERMIT [] S CHANC~ OF INFORMATION ONE ITEM L_~ 2 INTERIM PERMIT F'-']TM 4 AMENDED PERMIT [] 6 TEMPORARY TANK CLOSURE [] 7 PERMANENTLY CLOSED ON SITE1 [] $ TANK REMOVED 0BA OR FACILITY NAME WHERE TANK IS INSTALLE0: I. TANK DESCRIPTION COMPLETE ALL ITEMS - SPECIFY IF UNKNOWN C. OATE ,NSTALLEO (M~Y~EAR) II. T~K CO~E~S I~A.~ IS MAR~D,~PLE~ITEM C. III. TANK CONSTRUCTION MARK O~IE ITEM ONLY IN BOXES A, B, ANOC..NqDALLTHATAPI~,.IESINBOXO A. TYPE OF ~:~ 1 OOUSLE WALL SYSTEM [--]'2 SINGLE WALL SINGLE WALL WITH EXTERIOR LINER ~ECONDARY CONTAINMENT (VAULTED TANK) ] 95 UNKNOWN [] 99 OTHER B. TANK [] ! BARE STEEL MATERIAL [] 5 CONCRETE STAJNLESS STEEL [] 3 FIBERGLASS ~ 4 STEEL CLAD w/FIBERGI.AS~ REINFORCED PLASTIC POLYVINYL CNLOR,I~[ [] 7 ALUMINUM []~ 8 100% METHANOL COMPATIBLE WA:RP GALVANIZED STEEL [] 05 UNKNOWN [] 99 OTHER [] 1 RUBBER LINED [] 2 ALKYD LINING [] 3 EPOXY LINING [] 4 PHENOLIC LINING C. INTERIOR ~ UNING [] 5 OLA~ LINING . UNLINED [] 05 UN~(NOWN ~ 05 OTHER IS LINING MATERIAL COMPATIBLE WITH 100% METHANOl. ? YES_ NO__ D. CORROSION r-'-I I POLYETI~ENE WRAP [] 2 COATING PROTECTION ['---] 5 CATHODIC PROTECTION E~ el NONE ] :3 VINYL WRAP [] 4 FIBERGLASS REINFORCED PLASTIC [] ~e UNKNGWN ~ 99 OTHER )m~~ IV. PIPING INFORMATION ciRc, c A IF ABOVE ~JND OR U IFUND~RGROUNO. BOTH IF APPLICABJl= A. SYSTEM TYPE A U I SUCTION ~2 PRESSURE A U 3 GRAVITY . A U 99 OTHER B. CONSTRUCTION A~U 1 SINGLE WALL A~U)~ CX)UBLE WALL A U 3 LINED TRENCH A U 05 UNKNOWN - A U 99 OTHER A l~JJ ~ARE STEEL A U 2 STAINLESS STEEL A U 3 POLYVINYL CHLORIDE (PVC)A U 4 FIBERGLASS PIPE C. MATERIAL AND CORROSION A~"Y5 ALUMINUM A U 8 ~RETE A U 7 STEEL W/ COATINO A U 8 100% METHANOL COMPATIBLEW~RP PROTECTION ~-- A U 9 GALVANIZED STEEL A U 10 C~THOOICPROTECTION A U 95 UNKNOWN A U 99 OTHER D. LEAK DETECTION""I~L: ~JTC~Am LINE LE*X OETECTOR [~2 LINE TI~nNESS TESTING [] 3 WrEP~rrr~. uo.~o..o [] a OTHER V. TANK LEAK DETECTION ! ~] I VISUAL CHECK'~ 2 INVENTORY RECONCILIATION m 3 VAPORMONITORINQ%:[ ~ 6 TANK TESTING [] 7 INTERSTITIAL MONITORINO [] 91 NONE L..J ¥1. TANK CLOSURE INFORMATION II' ESTIMATED DATE L"AsT USED (MO/OAY/YR, I2' ESTIMATED QUANTITY CIF~JBSTANCE REMAININ(! 4 AUTOMATIC TANK GAUGING [] 5 GROUND WATER MONITORING I 95 UNKNOWN [] 99 OTHER I I 3. WAS TANK FILLED WITH YES [] NO [] I GALLONS INERT MATERIAL ? THIS FORM HAS BEEN COMPLETED UNDER PENAL TY OF PERJUreD ~T4~?9~EST OF MY KNOWLEDGE, IS TRUCE AND CORRECT APPLICANTS NAME ' . - ~ ~ LOCAL AGENCY USE ~NLY THE STATE I.D. NUMBERS coMposED~;~O~MBERS BELOW ~' ~ COUN~ I JURISdiCTION i FACI[I~ I TANK t ~ PERMIT NUM8ER ~ORU 8 I PERMIT APPROVED BY/DATE I PERMIT EXPIRATION DATE THIS FORM MUST BE ACCOMPANIED BY A PERMrr APPUCATI;0N · FORM A, UNLESS A CURRENT FORM A HAS BEEN FILED. ~TAT~ O~ CNJR3RM~ STATE WATER RESOURCES CONTROL BOARD UNDERGROUND STORAGE TANK PERMIT APPLICATION - FORM g COMPLETE A SEPARATE FORM FOR EACH TANK SYSTEM. MARK ONLY ~ i NEW PERMIT ONE ITEM ~ 2 INTERIM PERMIT RENEWAL PERMIT AMENOED PERMIT [] 5 CHAN(31~ OF INFORMATION [] 6 T~MPORARY TANK CLOSURE 7 PERMANENTLY CLOSED ON SITIEI 8 TANK REMOVEO DBA OR FACILITY NAME WHERE TANK IS INSTALLED: I. TANK DESCRIPTION COMPLETE ALL ITEMS - SPECIFY IF UNKNOWN TANK CAPACITY IN GALLONS: ~'~0 ~ ~--"~ II. TANK CONTENTS ,;A.~ iS MARK~:D. COMPLE'FE ITEM C. ['-] 2 PETROLEUM [] IK) EMPTY 1 PROOUCT [] lb PREMIUM [] 7 METHANOL UNLEADED I I 5 JET FUEL [] 3 CHEMICAL PROOUCT [] 95 UNKNOWN 2 Vi/A~TE [] 2 L~D 99 OTHER (OESCRIBE IN I~M O. BELOW o. ,r~A.,~,S"OTMAaXED. ENTER .A~E o,=,.JSSTA,,~ s~ I~C~OA~ ~ L~ c.~,.,: III. TANK CO~STRUCTION MARK ONE ITEU ONLY IN SOXES A. n. ANOC. AI~IO ALL THAT APPLIES IN BOX D A. TYPE OF '~t DOUBLE WALL SYSTEM [] 2 su~3LE WALL B. TANK [] I BARE STEEL MATERIAL [] s C~RETE ~PHmaryT~nk) [] g BRONZE [] 3 SINGLE WALL WITH I;~ER~R LINER [] 95 UNKNOWN [] 4 SECONDARY CONTAINMENT (VAULTED TANK)~..~[-'-I 99 OTHER [] 2 STAJNLESS STEEL [] 3 IRSERGLASS ~ STEELCLAD WIFIBERG~ REINFORCED PLASTIC [] 8 POLYVINYL CHLORIO~i [] 7 ALUMINUM [] 8 100% MET1.-IANOL COMPATIBLE W/FRP [] ,o ~vAN=o sTEEL [] ~ UN~OwN [] 99 OTHER C. INTERIOR [] 1 RUI~BER LINED .~2 NJ<YO LINING [] 3 EPOXY LINING [] 4 PHENOLIC LINING UNING [] S OU~S LININO . L__j~UNLINED [] ge UNXNOWN [] 99 OTHER I~ LINING MATERIAL CO~PATIBLE WITH 100% METHANOL ? YES_ NO~ O. CORROSION [] I POLYETI4YLENE WRAP [] 2 COATING [] 3 VINYl. WRAP [] 4 FIBERGLASS REINFORCED PLASTIC PROTECTION ~-I 5 CATHO01C PROTECTION [] 91 NONE [] g~ UNKNOWN ~ gg OTHER[ ~'~.~-_~(~,~_~V"~/~t/~T' IV. PIPING INFORMATION cmCLE A IFABO~G~NOOR U IF UND~RGROUND. BOTH IF APPLICABLE A. SYSTEM TYPE A U 1 SUCTION A~[~,~2 PRESSURE A U 3 GRAVI*~t' . B. CONSTRUCTION A. U I SINGLE WALL A U~2. DOUBLE WALL A U 3 LINED TRENCH A U 99 OTHER A U ge UNKNOWN A U gg OTHER C. MATERIAL AND ~ BARE STEEL A U 2 STAINLESS STEEL A U 3 POLYVINYL CH~.ORIOE (PVC)A U 4 FIBERGLASS PIPE CORROSION A U 5 ALUMINUM A U S CONCRETE A U 7 STEEL WI COATING A U 8 100% METHANOL COMPATIBLEW/FRP PROTECTION A U g GALVANIZED STEEL A U IO..NCATHOOIC PROTE',CTION A U ge UNKNOWN A U 99 OTHER 0. LEAK DETECTION ~ AUTOMATIC LINE LEAK DETECTOR ~1~ 2 LINE TiGHTNESS TESTING ~ 3MONITORINGINTERSTITIAL l'~ 99 OTHER V. TANK LEAK DETECTION .~ [ [~ , VISUAL CHECK ~2 INVENTORY RECONCILIATK:}N [] =VAPOR'ON~OR'<~::~O"AT~TANK~UO'<[]' O<UNOWATERMON~OR,<I [] 6 TANK TESTING [] 7 INTERSTITIAL MONITORING [] ,1 NONE [] ge UNKNOWN [] 99 OTHER VI. TANK CLOSURE INFORMATION [ 1. ESTIMATED DATE LAST USED (MO/OAY/YR} 2. ESTIMATED QUANTITY OF~UBSTAJYCE REMAININI3 GALLONS I3' wAS TANK FILLED wlTHINERT MATERIAL ? YES[] THIS FORM HAS BEEN COMPLETED UNDER PENALTY OF P~i~URY. BEST OF LOCAL AGENCY USE ONLY THE STATE ,.D. NUMBER ,5 COMP~FTH~UR NUMBERS BELOW COUN~ = JURISDICTION 'STATE I.O.~ ~ l I I I I t I I I ;ORR 8 (~gO} MY KNOWLEDGE. IS TRUE AND CORRECT I TANK # THIS FORM MUST BE ACCOI~ANIED BY A PERMIT APPUCATION · FORM A, UNLESS A CURRENT FORM A HAS BEEN FILED. $'TAT~ G~ CAIJF~RMA S1'A~ WATER ~ESC~URCE$ CONTROL 80A~O UNDERGROUND STORAGE TANK PERMIT APPLICATION - FORM B MARK ONLY [--'1 t NEW PERMIT ONE iTEM ~ 2 INTERIM PERMIT COMPLETE A SEPARATE FORM FOR EACH TANK SYSTEM. 3 RENEWAL PERMIT [] ·AMENOED PERMIT [] $ CHANG~ OF INI=ORMATION [] 6 T~MPORARY TANK CLOSURE PERMANENTLY CLOSEO ON SITE/ TANK REMOVEO DBA OR FACILITY NAME WHERE TANK IS INSTALLED: I. TANK DESCRIPTION COMPLETE ALL ITEMS - SPEClFY IF UNKNOWN II, TANK CONTENTS ~=^.11SMARKED. COMPLETE ITEM C. I MOTOR V~HICLE FUEL [] 4 OIL g. C. L--.J "~ UNLEADED 4 GA~AHOL [] 2 PETROL~M ~ ~ ~p~ ~ P~T ~ lb PREMIUM ~ 7 M~L ~ 3 CHEM~LP~T ~ ~ UN~ ~ 2 W~ ~ 2 L~O ~ O~ER ~RI~ ~ ~a O. IlL TANK COi~STRUCTION MARK ONE rI'EI'~ ONLY IN SOXES A. S. ANDC. ANDALLTHATAPPLIE$1NSOXD A. TYPE OF ~ OOUBLE WALL SYSTEM ~-J 2 SINGLE WALL [] 3 SINGLE WALL WITH fiXTERIOR LINER [] 4 8ECONOARY CONTAINMENT (VAULTED TANK) TAJ~K [] 1 BARE STEEL [] 2 STAINLESS STEEL [] 3 FISERGLASS MATERIAL [] S CONCRETE [] 6 POLYVINYL CNLORID~ [] 7 ALUMINUM IPrimar/Tank) [] 9 BRON2~ [] 10 GALVANIZED STEEL [] ~ UNKNOWN ] g~ UNKNOWN [] 9g OTHER m'"'[~ 4 STEEL CLAD WI FIBE~ REINFORCED PLASTIC 100% METHANOL COMPATIBLEW/FRP ] ~ OTHER [] 1 RUBBER LINED ~'~ ~.~..'~[] 2 ALKYD LINI~IG [] 3 EPOXY LINING C. INTERIOR ~ $ GLASa LINING , ~[~a UNLINED [] UNING ~s L.JNINO MATERIAL COMPAT'IB~E~WlTH~IO0~ METI..IANOL ? YES~ NO~ '--] 4 P'HENOL~ LINING [] 99 OTHER D. C0RROSION [] 1 POLY~THYLENE WRAP [] 2 COATING PROTECTION [] $ CATHODIC PROTECTION [] 01 NONE [] 3 VINYL WRAP [] 4 FIBERGLASS REINFORCED PLASTIC IV. PIPING INFORMATION A. SYSTEM TYPE B. CONSTRUCTION C. MATERIAL AND CORROSION PROTECTION A U 1 SUCTK~I A U I SINGLE WALL A~ BARE STEEL A"~r' 5 ALUMINUM %A U g GALVANIZED STEEL CIRCLE A IF ABOVE GROUNO OR U IFUN[:)EROROUNO. BOTH IF AP~LICA~LE A~'?t~ PRESSURE A U 3 GRAVITY A ~ DOUBLE WALL A U ag OTHER A U 3 LINED TRENCH A U ~5 UNKNOWN A U ag OTHER O. LEAK DETECTION ~ AUTQMATICLINELEAKOETECTOR ~[ 2 LINE TIGHTNESS TESTING [] 3 II~EREnTIN. ~.~o.~ [] ag OTHER V. TANK LEAK DETECTION ~ ' TANK TESTING [] 7 ,NTERSTITIALMONITORINO [] 01 NONE [] ~5 UNKNOWN [] ag OTHER VI. TANK CLOSURE INFORMATION ~. ESTIMATEO DATE LAST USED (MO/OAY/YR) 2. ESTIMATED QUANTITY OF SUBSTANCE REMAININ(3 I 3. WAS TANK FILLED WITH YES [] NO [] GALLONS INERT MATERIAL ? THIS FORM HAS BEEN COMPLET~, D UNDER PENAL TY OF PERJ~,~"~AND LOCAL AGENCY USE ONLY, THE STATE I.O. NUMBER IS COMPOS~FOUR ~ERS BELOW COUN~ ~ JURISDICTION STATE .D. [,I I I I I1 I i 1. III1 ;o,u a ;~ T~S ~RM ~ST BE A~IED BY A PER~ ~PUCAlqON. FORM ~ ~LES8 A CURRE~ FORM A HAS BEEN FI~D. TANK STAT£ OF CAUFORNIA ' ' WATER RESOURCES CONTROL BOARD UHDERGROUHD STORAGE TAHK PERMIT APPLICATION'- FORM A MARK ONLY [] 1 NEW PERMIT ONE ITEM [] 2 INTERIM PERMIT COMPLETE THIS FORM FOR EACH FACILITY/~ITE [] 3 RENEWAL PERMIT ~ 5 CHANGE OF INFORMATION [] 7 P~RMANENTLY CLOSED SITE [] 4 AMENDED PERMIT [] 6 TEMPORARY SITE CLOSURE I. FACILITY/SITE INFORMATION & ADDRESS - (MUST BE COMPLETED) II. PROPERTY OWNER INFORMATION - (MUST BE ~OMPLETED1 _ ,NAME I(~ (~ARE FA DRE I ~T'~N EMERGENCY CONTACT PERSON (PRIMARY) _ EMERGENCY CON;TACT PERSON (SECONDARY). optlm~al . ST) ' ~ HON ARE DA S: M T I ~ HON VVl REA r-q LOcALa~e~cY ~ STA~Cy IlL TANK OWNER INFORMATION~(MUST BE COMPLETED) N FOWNER ~f m) CARE A' RE,SS INFORMATION I~. BOAR~ OF EGU~LIzA~oN MST ~ORAGE FEE ACCOUNT NUMBER - Call (gl6) 73g.2582 if ques~ons ~ri~ ' TY(TK) HQ ~- I I I ! I i V. LEGAL NOTIFICATION AND BILUNG ADDRESS Legal nc:;f!calion and billing will be sent to the tank owner unless box I or II is checked. ICHECK ONE BOX INDICATING WHICH AROVE ADDRESS SHOULD RE USED FOR LEGA. NOTIFICATIONS AND BILLING: THIS FORM HAS BEEN COMPLETED UNDER PENAL TY OF PERJURY. AND TO THE BEST OF MY KNOWLEDGE, IS TRUE AND CORRECT COUN,'TY # JURISDICT;ON # FACILITY # LOCATION CODE . OPTIONAL CENSUS TRACT ~ - OPTIONAL [ S:UPVlSOR - DISTRICT CODE. OPT/ON, M. THIS FORM MUST BE ACCOMPANIED BY AT LEAST (1) OR MORE PERMIT APPLICATION. FORM B, UNLESS THIS I$ A CHANGE OF SITE INFORMATION ONLY. FORM A (g-go) FOR~O33A-R2 Fill one segment ~ut for each tank, unless al.1. tanks and piping are constructed of / same materials, style anlype, then only fill ta~ks ~er ID #. one segment out~please identi~y by ~A'NK DESCRIPTION COMPLETE ALL,TEMS- SPEC,FY,FUNKNGwN 111. TANK CONSTRUCTION MARK ONE ITEM ONLY IN BOXES A, B, ANDC,ANDALLTHATAPPLIESINBOXD A. T¥'PEOF ~ 1 DOUBLE WALL n~ 3 SINGLEWALLWrrHEXTERIOR LINER C 95 UNKNOWN SYSTEM ~ S,NGLE WALL [] ,' sEco.o..~ ~,TAINMENT (VAUL~DTAN~ ~ .~ O~ER ~¼~r-' e¢~ B. TANK r'--~. 1 BARE STEEL MATERIAL [] 5 CONCRETE {PrimaryTank) [] 9 BRONZ~ [] 2 STAINLESS S~EL [] 3 mE~GL~SS [] 6 POLYVINYL ~LORIDE [] 7 ALUMINUM [] 10 GALVANIZED STEEL [] 95 UNKNOWN 4 STEEL CLAD WI FIBERGLASS REINFORCED PLASTIC 8 100% METHANOL COMPATIBLE W/FRP ] 99 OTHER / C. INTERIOR UNING __[-"-J I RUBBER LINED [] 2 ALKYD L~NING [] 5 GLASS LINING ~ 6 UNLINED IS LINING MATERIAL COMPATIBLE WITH 100% METHANOL [] 3 EPOXY LINING [] 4 PHENOLIC LINING [] 95 UNKNOWN [] 99 OTHER YES__ NO~ D. CORROSION [] I POLYETHYLENE WRAP [] 2 COATING PROTECTION [] 5 CATHODIC pRoTECTION [] 91 NONE 't~'~ [] 3 VINYL WRAP ,.;.~ 4 FIBERGLASS REINFORCED PLASTIC '""'h' r--[.:,:. 95 UNKNOWN 99 OTHER IV. PIPING INFORMATION A. SYSTEM TYPE B. CONSTRUCTION C. MATERIAL AND CORROSION PROTECTION D. LEAK DETECTION ~] ~ AUTOMATIC LINE LEAK DETECTOR CIRCLE A IF ABOVE GROUND OR U IF UNDERGROUND, BOTH IF APPLICABLE - SUCTION . 2 PRESSURE .. . A U 3 GRAVITY A U 99 OTHER SINGLE WALL A U 2 DOUBLE WALL A~U")3 LINED TRENCH A U g5 UNKNOWN U OTHER BARE STEEL A U 2 STAINLESS STFEL A U 3 POLYVINYL CHLORIDE (PVC),~U")4 FIBERGLASS PIPE ALUMINUM A U 6 CONCRETE A U 7 STEEL W/ COATING A U 8 100% METHANOL COMPATIBLEW/FRP GALVANIZED STEEL A U 10 CATH~DICPROTECTION A U 95 UNKNOWN A U 99 OTHER [] 2 LINE TIGHTNESS TESTING [] 3 INTERSTmAL MONITORING [] 99 OTHER V, TANK LEAK DETECTION TANK TEST,NO. I.~RSTmALMO.,TOR,NG []., .O.E '[Z]" UNKNOW. []. OTHER I. TANK DESCRIPTION COMPLETE ALL ITEMS - SPECIFY IF UNKNOWN A. TANK I.D., 55%0 55C:Oq · B. MANUFAC~JRED BY: Iff. TANK" CONSTRUCTION D. TANK C*"AC'TY 'N GALLONS: MARK ONE ITEM ONLY IN BOXES A, B, ANO C, ~ND ALL THAT APPLIES IN SOX D A. TYPE OF '~ 1 DOUBLE WALL [] 3 SINGLE WALL WIT}.I EXTERIOR LINER SYSTEM '~' 2 SINGLE WALL [] 4 SECONDARY CONTAINMENT (VAULTED TANK) TANK [] 1 BARE STEEL [] 2 STAINLESS STEEL [] 3 FIBERGLASS MATERIAL [] 5 CONCRETE [] 6 POLYVINYL CHLORIDE [] ? ALUMINUM (PrimaryTank) [] 9 BRONZE [] 10 GALVANIZED STEEL [] 95 UNKNOWN [] .~ RUBBER LINED [] 2 ALKYD LINING [] 3 EPOXY LINING C. INTERIOR ~ LINING [] 5 GLASS LINING 6 UNLINED [] 95 UNKNOWN IS LINING MATERIAL COMPATIBLE WITH 100% METHANOL? YES ~ NO~ D. CORROSION PROTECTION ] 95 UNKNOWN_ STEEL CLAD W,.IBER~LASS RE,NFOReED.LASTIC ~o M~.THANOL CO~,PAT,.LE W,.RP [] ~ PHENOL~ LINING [~ 1 POLYETHYLENE WRAP [] 2 COATING [] S CATHODIC PROTECTION [] 9t NONE [] 3 VINYL WRAP ~ 4 FIBERGLASS REINFORCED PLASTIC [] 95 UNKNOWN [] 99 OTHER IV. PIPING INFORMATION A. SYSTEMTYPE /[ U 1 SUCTION B, CONSTRUCTION A U 1 SINGLE WALL C. MATERIAL AND CORROSION PROTECTION D. LEAK DETECTION CIRCLE A IF ABOVE GROUND OR U IF UNDERGROUNO. BOTH IF APPLICABLE A~2 PRESSURE A U 3 GRAVITY A U 99 OTHER A U 2 DOUBLE WALL ~ LINED TRENCH A U 95 UNKNOWN A U 99 OTHER 2 STAINLESS STEEL A U 3 POLYVINYL CHLORIDE(PVC)A~f0-~t FIBERGLASS PIPE BARE STEEL A U ALUMINUM A U 6 CONCRETE A U 7 STEEL W/ COATING A U 8 100% METHANOL COMPATIBLEW/FRP GALVANIZED STEEL A U 10 CATHODIC PROTECTION A U 95 UNKNOWN A U 99 OTHER AUTOMATIC LINE LEAK DETECTOR [] 2 LINE TIGHTNESS TESTING [] 3 INTERSTITIAL MON[TORING [] 99 OTHER V. TANK LEAK DETECTION .._I 1 VISUAL CHECK 2 INVENTORY RECONCILIATION ~ 3 VAPOR MONITORING 4 AUTOMATIC TANK GAUGING {~ 5 GROUNOWATERMDNITORING '~, 6 TANK TESTING 7 INTERSTITIAL MONITORING ~ 91 NONE L.~ g5 U~KNOWN [~ 99 OTHER J. _TANK DESCRIPTION COMPLET"~ ITEMS- SPECIFY IF UNKNOWN · ?~ ~ A'" OWNER'S TANK I D # ' · ~' III, TANK CONSTRUCT~N MARK ONE ITEM ONLY IN BOXES A. B. AND C,, AND ALL THAT APPLIES IN BOX O A. TYPE OF ~ 1 DOUBLE WALL SYSTEM L_J 2 SINGLE WALL ] 3 SINGLE WALL WI1H EXTERIOR LINER : [] 95 UNKNOWN TANK I---I ? I~,RE STEEL MATERIAL [] 5 CONCRETE (PrimaryTank) [] 9 BRONZE [] 2 STAINLESS STEEL [] 3 FIBERGLASS [] $ POLYVINYL CHLORIDE [] 7 ALUMINUM [] 10 GALVANIZED STEEL [] g6 UNKNOWN ::~ 4 STEEL CLAD WI FISERGLAS~ REINFORCED PLASTIC 8 100% METHANOL COMPATIBLE W/FRP ] ~ OTHER [] 1 RUBBER LINED [] 2 ALKYD L"ING : [] 3 EPOXY LINING [] 4 PHENOLIC LINING C. INTERIOR :~ UNING []s ~.: LINING S UNLINED [] 95 UNKNOWN [] 99 OTHER IS UNING MATERIAL COMPATIBLE wrrH 100%. METHANOL ? YES~ NO__ CORROS~O. :'-[] ' POLYETHYLE"E WP.A. [] 2 ~ATING :~"'~':' :"i,."-[] 3 WNYL w. Ap :~ ,, F,BERG~S ~INFORCED PLASTIC PROTECTION, [] 5..:.CATHODIC PROTECTION [] 91 NONE ;,~.~;: ...~,;~[] 95 UNKNOWN [] 99 OTHER ' '~. IV. PIPING INFORMATION C~RCLE ~. [FABOVEGRoUNDoR U IF UNDERGROUND. BOTH IF APPLICABLE · :'~' :''? :.- '::-;':. :{.L '. ..... . " A. SYSTEM TYPE A U 1 SUCTION ....... A(~2 PRESSURE . . A U 3 GRAVITY A U 99 OTHER ... B. CONSTRUCTION A U I SINGLE WALL A U '2 DOUBLE WALL, ~(U')3 LINED TRENCH A U 95 UNKNOWN ~, [J 99 OTHER · C. MATERIAL AND . A [J i BARE STEEL '.:~,A U. 2 STNNLESS STEEL A~'"'"'IJ 3 POLYVINYL C~LORIDE (PVC)A(.~4 FIBERGLA,SS PIPE ,.' .--.... CORROSION A U '5 ALUMINUM '.' A. U 6. CONCRETE ~--,J":" ~ 'U ' 7: STEEL WI COA'rING ' . .. A U 8 100% METHANOL COMPATIBLEW/FRP PROTECTION A U 9 GALVANIZED STEEL A IJ 10 CATHODIC PROTECTION ' "A I.I 95 UNKNOWN '"A U 99 OTHER :','~ "!'- ~ 1 AUTOMATIC LINE LEAK DETECTOR [] 2 LINE TIGHTNESS TESTING [] 3 INTERS~TIAL [] 99 OTHER D. LEAK DETECTION MOflffORING V. TANK LEAK DETECTION .' I .[] 1 VISUALCHECK j~ 2 INVENTORY RECONCILIATION [:] 3VAPORMONITORING~4 AUTOMATIC TANK GAUGING [] $ GROUND WATER MONITORING [] ~ TANK TESTING ~ ,.TERSTmALMON,TORING [] ~, .o.E[] ,, u. KNowN [] ~ oTHER I. TANK DESCRIPTION COMPLETE ALL ITEMS - SPECIFY IF UNKNOWN A. OWNER'S TANK L D. # S. MANUFACTURED BY: C. DATE INSTALLED (MO/DAY/YEAR) D. TANK CAPACITY IN GALLONS: ltl. TANK CONSTRUCTION MARK ONE ITEM ONLY IN BOXES /~ B, ANOC,ANDALLTHATAPPL~ESlN'SOXD ....... A. TYPEOF [] 1 DOUBLE WALL SYSTEM [] 2 SINGLE WALL [] 3 sINGLE WALL WITH EXTERIOR LINER [] 95 UNKNOWN [] 4 SECONDARY CONTAINMENT (VAULTED TANK') [] 99 OTHER B. TANK [] 1 BARE STEEL MATERIAL [] 5 CONCRETE (PrimaryTank) [] 9 BRONZE [] 2 STAINLESS STEEL [] 3 FIBERGLASS [] 6 POLYVINYL CHLOFIIDE [] 7 ALUMINUM [] 10 GALVANIZED STEEL [] 95 UNKNOWN [] 4. STEEL CLAD WI FIBERGLASS REINFORCED PLASTIC ] 8 100% METHANOL COMPATtBLEW/FRP ] 99 OTHER ~-] 1 RUBBER LINED [] 2 ALKYD LINING [] ,3 EPOXY LINING C. INTERIOR UNING [] 5 GLASS LINING [] 8 UNLINED [] 95 UNKNOWN IS LINING MATERIAL COMPATIBLE WITH 100% METHANOL? YES__ NO__ ] 4 PHENOLIC LINING [] ~ OTHER D. CORROSION [] I POLYETHYLENE WRAP [] 2 COATING PROTECTION [] 5 CATHODIC PROTECTION [] 91 NONE [] 3 VINYL WRAP [] 4 FIBERGLASS REINFORCED PLASTIC [] ~'~ UNKNOWN [] ~ OTHER IV. PIPING INFORMATION CIRC~ A IFABOVEGROUNDOR U IF UNDERGROUND, BOTH IF APPLICABLE A. SYS'FEMTYPE A U I SUCTION A U 2 PRESSURE A U 3 GRAVITY A U 99 OTHER B, CONSTRUCTION A U 1 SINGLE WALL A U 2 DOUBLE WALL A U 3 LINED TRENCH A U 95 UNKNOWN A U 99 OTHER C. MATERIAL AND CORROSION PROTECTION A U 1 BARESTEEL A U 2",~TAINLESS STEEL A U 3 POLYVINYL CHLORIDE(PVC)A U 4 FIBERGLASS PIPE A U 5 ALUMINUM A U 6 CONCRETE A U 7 STEEL WI COATING A U 8 100% METHANOL COMPATIBLEW/FRP A U 9 GALVANIZED STEEL A U 1(~ CATHODIC PROTECTION A U 95 UNKNOWN A U 99 OTHER D. LEAK DETECTION [] I AUTOMATIC LINE LEAK DETECTOR E~],2' LINE TIGHTNESS TESTING [] 3 INTERSTITIAL MONffORING [] 99 OTHER V. TANK LEAK DETECTION [] 1 VISUAL CHECK [] 2 INVENTORY RECONCILIATION [] 3 VAI:'ORMONITORING [] 4 AUTOMATIC TANK GAUGING [] 5 GROUND WATER MQNITORING [] 6 TANK TESTING [] 7 INTERSTITIAL MONITORING [] 91 NONE [] 95 UNKNOWN [] 99 OTHER March 29, 2000 Car Wash of America 2301 H Street Bakersfield, CA 93301 Dear Underground Tank ,Owner: Your permit to operate the above mentioned fueling facility will expire on June 30, 2000. However, in order for this office to renew your permit, updated forms A, B & C :must be filled out and returned prior to the issuance of a new permit. Please make arrangements to have the new forms A, B & C completed and returned to this office by iMay 15, 2000. For your convenience, I am enclosing all three forms which you may make copies of. Remember, forms B & C need to be filled out for each tank at your facility. Should you have any questions, please feel free to contact me at (661) 326-3979. Sincerely, Steve Underwood, Inspector Office of Environmental Services SU/dlm Enclosure CITY OF BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES UNIFIED PROGRAM INSPECTION CHECKLIST 1715 Chester Ave., 3r~ Floor, Bakersfield, CA 93301 FACILITY NAME ...(~t ADDRESS ,.9~0 / '-/./t~ FACILITY CONTACT INSPECTION TIME INSPECTION DATE PHONE NO. BUSINESS ID NO. 15-210- NUMBER OF EMPLOYEES [/,~ Section 1: ~Routine Business Plan and Inventory Program [] Combined [] Joint Agency [] Multi-Agency Complaint [] Re-inspection OPERATION C V COMMENTS Appropriate permit on hand Business plan contact intbrmation accurate Visible address ,~/ Correct occupancy Verification of inventory ~naterials ~" Verification of quantities Verification of location Proper segregation of material L,/ Verification of MSDS availability Verification of Haz Mat training ~' {/'C ~" Verification of abatement supplies and procedures Emergency procedures adequate Containers properly labeled Housekeeping 4,/ Fire Protection Site Diagram Adequate & On Hand C=Compliance V=Violation / Any hazardous waste on site?: ffYes I~ No Questions regarding this inspection? Please call us at (805) 326-:;979 While- Env. Svcs. Yellow - Station Cop), Pink - Business Copy u~s. S~te~,. esponsible Party In.pector: FACILITY NAME _/4~r O)t~ak ,4' CITY OF BAKERSFIELD FIRE DEPARTMENT OFFICE OF ENVIRONMENTAL SERVICES UNIFIED PROGRAM INSPECTION CHECKLIST 1715 Chester Ave., 3ra Floor, Bakersfield, CA 93301 INSPECTION DATE Section 2: Underground Storage Tanks Program [~Routine [] Combined [21 Joint Agency [] Multi-Agency ~[] Complaint Type of Tank i3t. O F-c_. S Number of Tanks Type of Monitoring ]IT~ Type of Piping ~, pT [] Re-inspection OPERATION C V COMMENTS Proper tank data on file Proper owner/operator data on file Permit tees current Certification of Financial Responsibility Monitoring record adequate and current Maintenance records adequate and current Failure to correct prior UST violations Has there been an unauthorized release? Yes No l// Section 3: Aboveground Storage Tanks Program TANK SIZE(S). AGGREGATE CAPACITY Type of Tank Number of Tanks OPERATION Y N COMMENTS SPCC available SPCC on file with OES Adequate secondary protection Proper tank placarding/labeling Is tank used to dispense MVF? If yes, Does tank have overfill/overspill protection? C=Compliance /] V=Violation Y=Yes N=NO Inspector: c~Zt.~~ (~b~ Office of Environmental Services (805) 326-3979 White - Env. Svcs. ~1 n ~(~' te- Responsible Pink - Business Copy Party LW ENTERPRISES O14 SO UNION AVE #107 AKERSFIELD, CA 93307-4154 (805) 834-1100 (865) 834-4216 Invoice Numbers S2918 Invoice Dates Mar 31. 1999 Pages Sold To8 NIAGARA CAR WASH 230! H STREET BAKERSFIELD. CA 93301 CAR WASH AMERICA 2301H STREET Customer ID NZACO1 Sales Rep ID Quantity Item 1.00 WSC 5500 1.00 WC 2120 1.50 LABOR 2 1.00 ZONE I Customer PO Shipping Method None Descr~Lptton TEST MONITOR SYSTEM FOR COMPLIANCE FOR COB INSPECTED AUTOSTICK SYSTEM #44846-1197 SYSTEM TESTED OK WILL SCHEDUAL FOR NEXT YEARS TEST UNLESS AUTHORISED TEST MILEAGE/TRAVEL TIME DRIVER/TRUCK Payment Terns Net 15 Days Ship Date Unit Price Due Date 4/15/99 Extension 60.00 25.00 90.00 25.00 .' ~ .'": ":' *~'' .~C-CT. #: .. ,i: ,,'. ,' ./ '~ '' ..'-r -.':a~v; Date: __ I / OFF~CE t)$,f~ ONLY f~ELOW THIS. LiNE ~'",~c~ ;~,= ' '~'~ CO. ~: 02005 Check Nos Subtotal Sales Tax Total Invoice Payment TOTAL PAY FROM THIS INVOICE/ NO ~STATEMENT WILL BE 115.00 115.00 e,ee 115,ee ........ ST.qTUS REPORT WED FEB 25,98 6:59:38 STATION NAME: NIAGARA oq~q~qSH ~01 H STRt~ B~RSFIELD,CA PRODUCT: UNLEADED CURRENT STATUS: I I GROSS: NET: FUEL LEUEL: WATER LEUEL: TEI~P: GROSS UTF: GROSS LLL~E: 8141,73 gal 8127,52 gal 0 ,zl.., in 0.808 in 62.686 OF 3485.26 gal 52~%=0,00 gal TANK 2 PRODUCT: ~P UNLE~D CURRENT STATUS: GROSS: NET: FUEL LEVEL: WATER LEUEL: TO'IP: GROSS GROSS ULL~E: 6363.43 gal 49,345 in 0.130 in 63.~94 OF .5~49.9i gal TANK 3 PRODUCT: PREM UNLEAD CURRENT STATUS: 6ROSS: 5850.72 gal NET: 5838.35 gal FUEL ~U~: 4,6.2i8 in [dRIER LEVEL: 0.046 in TF]~: 65 ~ °F GR~S ~F: 57?6,2? gal G~SS ULLAGE: CERTIFICATION OF FINANCIAL RESPONSIBILITY IA.' UNDER{~clOUND ~rORAGE' .TANKS CONTAINING PETROLEUM I am roqub~i to domamuum Fireaid ~ in dm required mountl m~ s~d in Section 2807. Chapter t~ ~. ~ ~ ~ ~ . r ~ SQQ,QOQ doGars pm, aeealTene~ ~"J l miriam doUmJ annual &~re~ato r~ 1 mi~on do~/lar~ per occurrence AND ~ 2 million doll's.annul ,sfresa,e : ) q ! ' , , B. ~.. ~ (~,, ~.Y.~.~. herebycertiEesthat/t~sincompiiancewiththereq~rementsof.~cEon2807, Article $, Chapter 18, D/vision $, r/t/e 23, California Code of Regu/ation$. The mechanisms used to demonstrate financial responsibility as r~.~uired by Section 2807 are as follows: ;C~ili~ii;Mechanism~.-.~Iiiiii~i~::~d:..[~:,~.~!~!iii!f::i!iiiiiiii: ~:~ii::!::~i:i?::ii?:~!:: M[ecnanism ........ :::;::ii i:.iiiii:~:~g.e..:!iiiii :iiiiilco~erage?iiii Note: If you are using tim ~tate Fund as any part of your dernonstration of financial responsibility, ~ur execution and submission of tills certiEcation a/~o cert~e$ that you are/n compliance ,~th all conditions for parEc/pation in t/3e Fund. t'hird Party Fa~irf ,*ddrem '- cA'LI~O~INIA ALL-PURPO CKNOWLEDGMENT County of ~S personally appeared before me,,~Qra/7) O¢)~OQ~,~, )~o'~,r~( Name and ~tle of ~icer (~g., ;Jane O~e, Nota~ Public") Name(N of Signer~ J~F. personally known to me - OR - []t.,,,.,, v-'~ ~-,,~ ,,'"'" ........ ,',n +h~ hn~iS of S _.~!sLfacto.5, er. Mc, ,%ce to be the persont's~ whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/s~/.they executed the same in his/herCtheir authorized capacity(ies), and that by his/~,h~r signature(s~) on the instrument the person(s), or the entity upon behalf of which the person(b) acted, executed the instrument. WITNESS my hand and official seal. - Signature of Notary Ptfolic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~..r-+'~ -~ C_o,?; oY'\ o~' Document Date: ~ ~ Y~J~ ~. j ) ~. Signer(s) Other Than Named Above: ~) Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: 'lop of thumb here 994 National Notary Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Roorder: Call Toll-Free 1-800-876-6827 03/05/99 18:44 FAX 510 843 5599 TRANSACTION COMPANIES ~ CWA HQ ~003/003 ~-~0a/05/99 16:56 '~'415 6261 PP. Oba~..~n,. ORMI',k~IY ' ~'~ NO, l ~ma~s ~ ~.~. ..]~8123466 Am~a of Cal~mla I~ SvC BA~ 1 m~ U~rel~ Uabil~ ~ of Am~ - PO LLC A~: J~ 20~ g;~red~ St.. S~o A ~er~ley ~ ~,s a ~~, ..... ~O~~~E~ . ~.~~ , ~ ~ ~ ~ 20~00000 ~ '~~~~ ~~ 200~000 SU~ECT TO ~U~ TERME, CONDmON~ AND ~CkUSIONS. 03/05/99 18:44 FAX 510 845 8599 TRANSACTI ., ............. , ON COMPANIES -~ CWA H ~~}:'~:~* '~ ':~ '"' '~ ' ~'~ ~' ~ ~'~ ~" ~'~~i~ ~'~s ~' ~ o~ ~.~ ..... Aeordia of Califomie Ins Eve 525 Market St., Suite 2200 $1~n Ftan=~aco, CA 94105 col~ CarwaSh of America~ - PO LLC Att'n: Jahn DeClen:q 2085 ICrttredge S~,, Suite 9erkeiey CA 94704 002/008 ~ 002/003 3/03199 SCHEDULED LIM~I'S PER LOC- SCHEDULED UMITS PER LOC. · ~,GREEO VALUE/REPLACEMENT COST LIMITS APPLY SEPARATELY TO EACH LOCATION. EMPLOYMENT PRACTICES IS CLAIMS,MADE WIYH $100,000 LIMIT. SUBJEcT TO THE SAME TERMS, CONDITIONS AND EXCLUSIONS AS EXPIRING EXCEPT AT NOTED. EMPLOYEE BEN;FI'r~ LIABILt'I"Y INCLUDED ~ 1 4202cW017837 100o 1000 2000000 2000000 1000(3{30 10o000o 20o000 10000 EMERGENCY RESPONSE PLAN UNDERGROUND STORAGE TANK MONITORING PROGRAM This monitoring program must be kept at the UST location at all times. The information on this monitoring program are conditions of the operating permit. The permit holder must notify the Office of Enviwamental Services within 30 days of any changes to the momtormg procedures, unless required to obtain approval before makin_g the change. Required by Sections 2632(d) and 2641(h) CCR_ Facility Name (q'.~'/-O~,¢[~ ~¥~.~(}.l~A.) q ,, ,, Facility Address-~l {~' ',,d~ [ ) 1. ffan unauthorized release occurs, how ~,ill the hazardous substance be cleaned up? Note: If released hazardous substances reach the environment, increase the fire or explosion hazard, are not cleaned up fi-om the secondary comainment within 8 hours, or deteriorate the secondary con~ainment,_~en.t~, e ~ffiee of ,Environmen~tal Services ~us.~oe notified O3 Describe the proposed methods and equipme,nt to be used. for~removing and properly dispo~mg of'an3( h, zardgus substaoce. ~.~. '~.~ ~~)(U0~L)v ? Des~ril~e the location and availability of tlh.e [equ_irgd cleanup equipmept in item 2 above. Describe the maintenance sc, hqd. u. le~fg.r [h,~clean~tlp.equil~m. em, t: · --- u List the name(s) and title(s) of the p, erso~n(s) ,r~sl~o. rls. ible for auth~orizing any wgfk necessary under the response plan: ~'L~(, IJ(-¢~ (/~J~ -' /-e) tgtn,~,t~l~JZ 7 O- m O WRIT MONITORING PROClaimS UNDERGROUND STORAGE TANK MONITORING PROGRAM Th~ momtorin$ program must be kept at the UST lo~on at all ~ The information on thi_~ ~ program are conditions of the operating permit Th~ permit holder must nmffy the Offic~ of £nvimmnnnnl ,.~ within 30 d,~f3 of any Chart? tO the mommri:ng procedurcs, unl,.~ required m obmm approval before making the change. Required by Sections 2632(d) an4 2641(h) CCK Facility A. Describe ~e.frequency ofperfq~g the mooito.ring:m~. , . Piping Bo What methods and equipment, identitied by name and mode[, will be used for perfo~ the monitoring: c'-~: .~ Piping io Describe the location(s) where the monitoring will be performed (facility plot plan should be ~ttac. hed): ' . . . . -._ ,~ List the name(s) and tide(s) of the people .responsible for performing the monitorin~ . {~_~d/or mnin~;, .g the equipmen~t:., 0 Reportin, F. ormat for monitorin$~ .., .... ~S_ d~, Piping s L~ - ' Fo Describe the preventive maintenance schedule for the monitoring equipment. Note: Maintenance must be in accordance witll the manufacturer's__ __,main.tenanee schedule bu~,i~ot less tht~n eve~ 12 montlls. ~lg~t. trl.l~/ ~ IJfi<(,'~)~Lc~(YI/YC~ Go Describe the training necessa~ for the qper_ation ofUST system,, including pipip~ and the monitoring equ~l~ment~/~l/~ ~C.~ c*~)~(3-U~'~ ~/~.~~ ~~-~< .. L D February 9, 1999 FIRE CHIEF RON FRAZE ADMINISTRATIVE SERVICE8 2101 'H" Street Bakersfield, CA 93301 VOICE (805) 3263941 FAX (805) 395-1349 SUPPRESSION SERVICES 2101 'H' Street Bakersfield, CA 93301 VOICE (805) 3263941 FAX (805) 395-1349 PREVENTION SERVICES 1715 Chester Ave. Bakersfield, CA 93301 VOICE (805) 3263951 FAX (805) 326-0576 ENVIRONMENTAL SERVICES 1715 Chester Ave. Bakersfield, CA 93301 VOICE (805) 326-3979 FAX (805) 326-0576 TRAINING DIVISION 5642 Victor Ave. Bakersfield, CA 93308 VOICE (805) 399-4697 FAX (805) 399-5763 Niagara Car Wash 2301 "H" Street Bakersfield, CA 93301 RE: Compliance Inspection Dear Underground Storage Tank Owner: The city will sta~: compliance inspections on all fueling stations within the city limits. This inspection will include business plans, underground storage tanks and monitoring systems, and hazardous materials inspection. To assist you in preparing for this inspection, this office is enclosing a checklist for :your convenience. Please take time to read this list, and verify that your facility has met all the necessary requirements to be in compliance. Should you have any questions, please feel free to contact me at 805-326-3979. Sincere , Steve Underwood Underground Storage Tank Inspector Office of Environmental Services SBU/dm enclosure SHIFT REPORT THU DEC 17,98 3:08:36 PN STATION NAME: N !~FIRFi CARWi1SH 2301 H STREET BAKERSFIELD,CA 9.3301 TABX I PRODUCT: UNLEADI START: THU DEC i7,98 10:54:59 BEG STATUS: I I I I I I BEG UOLUf. IE: 4931.65 gal BEG FUEL LEUEL: 40.742 in BEG WATER LEUEL: 0.0~5 in BEG TB'~P: 65.10 ~F BEG V~: 6695.~4 gal 8EG ULLAGE: 52%=II14.~ END: THU DEC 17,98 3:08:55 PM END STATUS: END V~UME: 4683.46 gal END FI]EL LEVEL:38.~8 in END I~IATER LEUEL: 0.0.~6..jjl END TEMP: 65.~ END UTF: 7023.~1 END ULLR~: 52%=144~.~ gal INUENTORY CHANGE: -328.19 gal TANK ~ PRODUCT: .SUP UI.ILEAO START: THU DEC 17,98 10:54:59 AM BEG STATUS: BEG UOLUI,IE: C")37.08 gal BEG FUEL LB)EL: 78.191 in BEG WATER LEVEl.: 8.124 in _BEG_TEMP; ............... 6Z.60 ~F--- BEG UTF: 8689.91 gal 8E6 ULLAGE: 56?..=3574.83 gal END: TH_ DEC t7,98 3:08:35 PI4 END STtITUS: I I I I I I I END UOLUNE: 2682.69 gal END FUEL LEUEL: 26.470 in END WATER LEUEL: 0.t25 in END TEMP: 67.58 OF END UTF: ~44.~0 gal END ULLO,iE: 56.'.-:=3828.4f~ gal TANK 3 PRODUCT: PR. EN UI, tLE~ START: THU DEC 17,98 t0:54:59 BEG STATUS: I I I I I I BEG UOLU~.E: 9246.42 gal BEG FUEL LEVEL: 67.6.~4 in BEG WATER LEVEL: 0.035 in BEG TEMP: 70.?5 °F BEG VTF: 2388.5? gal BEG ULLAGE: 56.~:=8,88 gal END: THU DEC 17,98 3:08:35 Pi'I END STATUS: I I I I I I END VOLUME: 9106.58 gal END FU~ LEUEL: 66.649 in END WATER LEUEL: 8.035 in END TEMP: 70.77 ~F END UTF: .~520.41 gal END ULLAGE: 56.',:=0,00 gal I!,~JEHTORY CHAI~E: · -1'39.83 gal CORRECTION NOTICE BAKERSFIELD FIRE DEPARTMENT N_ 901 Location ~'~(~ ~ Sub Div. Cor, No Blk. . Lot You are hereby required to make the following corrections at the above location: /vlCMffoYc,,c&- ~c~u~/~rr $c~u~c¢ ¢~4~c,r i~_e~P Coml~letion Date for Corrections Date 1'7-/'1/~~ InspectOr 326-3979 CORRECTION' NOTICE / BAKERSFIELD FIRE DEPARTMENT .q. 0 '~ Location Sub Div.. Cot, No Blk. . Lot You are hereby required to make the following corrections at the above location: C [etlon Date for Corrections Date Inspector 326-3979 L D August 18, 1998 FIRE CHIEF RON FRAZE ADMINISTRATIVE SERVICES 2101 'H" Street Bakersfield, CA 93301 VOICE (805) 326-3941 FAX (805) 395-1349 SUPPRESSION SERVICES 2101 "H' Street Bakersfield, CA 93301 VOICE (805) 326-3941 FAX (805) 395-1349 PREVENTION SERVICES 1715 Chester Ave. Bakersfield, CA 93301 VOICE (805) 326-3951 FAX (805) 326-0576 ENVIRONMENTAL SERVICES 1715 Chester Ave. Bakersfield, CA 93301 VOICE (805) 326-3979 FAX (805) 326-0576 TRAINING DIVISION 5642 Victor Ave. Bakersfield, CA 93308 VOICE (805) 399-4697 FAX (805) 399-5763 P.G.&E. Bakersfield Service Center 4101 Wible Road Bakersfield, CA 93313 In reviewing your ;file, it was noted that there was a change on your underground storage tank "Permit to Operate", in the "piping type"section. Please disregard the current "Permit to Operate" that you have on file in your office, and replace it with the revised permit enclosed. We apologize for any inconvenience this may have caused. If you have any questions, please do not hesitate to contact this office. Sincerely, Office of Environmental Services enclosure CITY OF BAKERS LD OFFICE OF ENVIRONMENTAL SERVICES 1715 Chester Ave., CA 93301 (805) 326-3979 HAZARDOUS MATERIALS INVENTORY Chemical Description Form (one form per matedal per building or area) I~ADD r"] DELETE [] REVISE 200 Page __ of __ :., , :. : , ~. .,...:.:,..: ....... ,: I,~FACILI~ INFORMATION :~.~ ...... ...:...::...:.: ..... ...... ....... .: ..... BUSINESS NAME (.Saree as FACILITY NAME or DBA - Doing Business As) C.EM,CALLOCAT,O. [ LuCS£ fSAV d_E- cC- 201CONF,DENT,ALCHEMICALLOCAT'ON(EPCNA nyes riND 202 ,i 205 TRADE SECRET [] Yes [] No 206 CHEMICAL NAME L ~J C'~ ~)1 ~ I, Subject to EPCRA, refer to iinstructions 207 COMMON NAME EllS* [] Yes [] No 208 *. :,:i .: , ,::. · ,*.* :i ..: . ": :: ':~:~:.: CAS # 209 ,:?If EHs is'yes'; all ain't'nfS below m~t be:in '~!: Ibsi' ;?.:;::..' :: ' : ;"' :'::i:~ ' '"':' FIRE CODE HAZARD CLASSES (Complete if requested by local fire chief) 210 TYPE ,[;~p* PURE [] m MIXTURE [] w WASTE 211 J RADIOACTIVE [] Yes [] No 212 CURIES 213 PHYSICAL STATE r'~s SOLID ,~ LIQUID r-]g GAS 214j LARGEST CONTAINER ~ ~ ~ 215 FED HAZARD CATEGORIES [~ FIRE [] 2 REACTIVE [] 3 PRESSURE RELEASE [] 4 ACUTE HEALTH [] 5 CllRONIC HEALTH 216 (Check all that apply) ANNUAL WASTE 217· MAXIMUM '"'-')/:::~' ~ ~ 218 AVERAGE ,z_...-~.. ~ ~'~ 219 STATE WASTE CODE 220 AMOUNT DAILY AMOUNT ~/(--~'~ DAILY AMOUNT UNITS* ~ ga GAL [] cf CU Fl' [] lb LBS [] tn TONS 221 DAYS ON SITE 222 * If EHS, amount must be in lbs. STORAGE CONTAINER (Check afl that apply) '~' a ABOVEGROUND TANK [] e PLASTIC/NONMETALLIC DRUM [] i FIBER DRUM [] m GLASS BOTTLE [] q RAIL CAR 223 [] b UNDERGROUND TANK [] f CAN [] j BAG [] n PLASTIC BOTTLE [] r OTHER [] c TANK INSIDE BUILDING [] g CARBOY [] k BOX [] o TOTE BIN [] d STEEL DRUM [] h SILO [] I CYLINDER [] p TANK WAGON STORAGE PRESSURE [~ a AMBIENT [] aa ABOVE AMBIENT [] ba BELOWAMBIENT 224 STORAGE TEMPERATURE ~ a AMBIENT [] aa ABOVE AMBIENT [] ba BELOW AMBIENT [] c CRYOGENIC 225 1 226 230 234 238 242 ;'.~,:,:: ?.. : :.. :.:~:.....: ',: .:,.:..,~ ::,: :~.~;. · .h,') ~'::~ '?::.. :oq. !':.; -i.: i'::!:::i... :.: .:::i;,~ .'". "./i:'i '.=====================.:'::'x~: : PRINT NAME & TITLE OF AUTHORIZED COMPANY REPRESENTATIVE 227 231 235 239 243 []Yes []No 228 []Yes []No 232 []Yes[]No 236 []Yes []No 240 229 233 237 241 245 []Yes []No 244 DATE 246 DES FORM 2731 (7/98) P:\OES2731 .TV4.wpd IJED FEB 25:98 ?:16:53 AM OH ~:~::~ CONTgCT ALARM :~.~:$:~.~:~e.~.-~ FEB 25~98 ?:17:00 AM REGULAR : OH BAKERSFIELD FIRE DEPARTMENT February 13, 1998 lIRE CHIEF MICHAEL R. KELLY ADMINI,~TI~ZIVE SERVICE~ 2101 'H" Street Bakersfield, CA 93301 (805) 326-3941 FAX (805) 395-1349 SUPPRESSION SERVICES 2101 'H' Street BakersflekL CA 93301 (805) 3263941 FAX (80~) 395-1349 PREVENTION ~EIt~ICES 1715 Chester Ave. Bake~fle~d, CA 93301 (805) 326-3951 FAX (80~) 326-0576 ENVIRONMENTAL SERVICES 1715 Chester Ave. Bakersfield, CA 93301 (805) 326-3979 FAX (805) 326-0576 1EAINIltlG 5642 Victor Street Bakersfield, CA 93308 (8O5) 399-4697 FAX (805) 399-5763 Niagara Car Wash 2301 "H" Street .Bakersfield, CA 93301 RE: "Hold Open Devices" on Fuel Dispensers Dear Underground Storage Tank: Owner: The Bakersfield City Fire Department will commence with our annual Underground Storage Tank Inspection Program within the next 2 weeks. The Bakersfield City Fire Department recently changed its City Ordinance concerning "hold open devices" on fuel dispensers. The Bakersfield City Fire Department now requires that "hold open devices" be installed on all fuel dispensers. The new ordinance conforms to the State of California guidelines. The Bakersfield Fire Department apologies for any inconvenience this may cause you. Should you have any questions, please feel free to contact me at 326-3979. Sincerely, Steve Underwood Underground Storage Tank Inspector cc: Ralph Huey - CONTF -CT PROPOSAL AND [COMPANY NAME RLW ENTERPRISES PAGE 1 OF 1 PAGES ANDADDRESS] 2014 South Union Ave #107 Bakersfieldt CA 93307 PROPOSAL SUBMI'I-FED TO: PHONE DATE Niagara Car Wash (805) 831-7998 12/17/97 STREET JOB NAME CONTRACT NO. 2301 "H" Street Niagara Car Wash B21603 CITY, STATE & ZiP CODE JOB LOCATION JOB PHONE Bakersfield, CA 93'301 2301 'H' Street (805) 831-7998 ATTENTION SHIPMENT TERMS/FOB POINT PAYMENT TERMS Pat 50%-down/bal-ne We appredate the opportunity to submit the following proposal, Priices stated below are firm for30 days from the date of this proposal. QTY. DESCRIPTION UNIT PRICE TOTAL RLW ENTERPRISES is pleased to offer (1) Auto Stik II package with tank. probes, sump sensors and line leak detections $8,705.00 Note: Total includes preight and tax. be billed at Time & Material. Instal'.lation and site work to Corp. EXPLANATION AMOUNT 2301 H STREET 90-2672 1222 COMMUNITY FIRST BANK ~/~ ~ 1810 GHESTER AVE. BAKERSFIELD, GA 9~09 ,'OOh&hO,' 1 2222&72011 8573500,' Acceptance: The prices, payment terrr~, specifications and comJitions of bo~ sides of this proposal are salisfactory, and am hereby accepted. Purchaser is responsi~all sales, use and oth.gP ~vemmental taxes and charges, which are not included in the price unless expressly slated~edJ~,cJ~9~wor~ p~'sp~,cified. Seller may 'lz~pke this pro. I;~osal I:jefore ncr. e. plance. Seller Ronald L'. 'W~lf~- /' / . 1:)6r~haser' ' 12/17/97 Vice President ~/ 1-~..//~/77 -/- 0~ Date Title ~": P%te' ' ~ 12/12/1997 12:05 .... BOSB3iS269 NIAGARA CAR WASH PAGE 05 EMERGENCY RESPONSE PLAN UNDERGROUND STORAGE TANK MONITORING PROGRAM This mommrmg pmsrmn mus~ be Inep~ a~ the UST locabon aE aLI runes, The in~o~on on tl~ monitoring pmlgam ~e emMlfiom of tae oper~e~-:~ petit. The pewfit holder mus~ noti~ r. be Otflc~ of E~~1 Soviom mthin 30 days of'any changes m the moaltormg p _Lq~sd__ures. LLMem requifui to obmLu apprevM befo~ malm~ the claes. RmIumM by. Sections 2632(d) and 2&~:(h) CCIL Facility Name Fax:itity Addte~ [faa unauthorized release occurs, how will the h,-~rdous substance be clea~ed up? Note: If rele. aaed hazardous sub~ances reach the environment. ~ncre. a~ the tire or explosion hazard, ate not cleaned up fi.om the secoxghry containment within 8 hours, or deteriorate the ?.~_ndat7 r~ntamment~ then the Otti(;e of Environmental Services must be notified within 24 hour~. Ae._c~t-~'~h ~'o ~.e, ,~,~a~.-~- ~ ~,~ ~ U~. ,, De~ribe the proposed methods and equipment to be u~d for removing and properly · q~oeing of any hazardous substance. A~o~,~-~.,~ ;.~ ~x~o~\e,~ .... 'c.'~ ..... ~ Degribe the location and avaiiabillry of the required cleanup equipment in item 2 above. Describe the maintenance schedule for the cleanup equipment: List the name(s) and title(s) of the person(s) responsible, for authorizing any work nec~sar~ under the response plan: 12/12/1997 12!_8__5., ..~05~315269 NIAGARA CAR WASH PAGE 06 WRITTEN MONITORING PROCEDURES UNDERGROUND STORAGE TANK MONITORING PROGRAM Soviom within 3o days of any clanfsm m d~ monitoring ~"u. unlfnB ~ m ~ ~ ~ mktuf ~ ~t~. ~mtr~t ~ ~ 2re(d) and 26~ZCh) cot. Describe the f~xluency of petrols the monitorins: Pipins ...... What methods iud equipment, idetniiied ~,/name and model, will be used For ~ rb monitoring: Tank F'_.v~-~-, ~' .~ ~ ~'~'~<.;~'~ ...... Piping Describe the location(s) whcr~ the mordto~g will be performed (facility plot plan should be attached): List tho name(s) and title(s) of the people responsible for perfo~ tho mookori~ and/or rmLintainins the equipment: Reporting Format ~or monitoring: Pipins Describe the preventive maintenance sched,le for the monitoring equipment. Note: Maintenance must be in accordance with the manufacturer's maintenance schedule but not less than every 12 months../~.,.,,,,.,,.~. Describe the trains necessary for the op~tion of UST system, including piping, and the monitoring equipment: ~,,~.~ ~,,~e.~. -~,.tx .~t~r..=, . ~.~-,~l~a.~-~ - ~'.,. ~.-~, BAKERSFIELD FIRE DEPARTMENT October' 21, 1997 FIRI: CHIEF MICHAEL r~. KELLY ADMINISll~llVE SEll, ICES 2101 'H" Street Bake~field, CA 93301 (80,5) 326-3941 FAX (805) 395-1349 SUPPRE~ION SERVICES 2101 "H" greet Bakersfield, CA 93301 (805) 326-3941 FAX (805) 395-1349 PREVENTION SEEVICES 1715 Chester Ave. Bakersfield. CA 93301 (805) 326-3951 FAX (805) 326-0576 ENVIRONMENTAL SERVICES 1715 Chester Ave. Bakersfield, CA 93301 (805) 3263979 FAX (805) 326-0,576 11~INING DIVISION 5642 Victor Street Bakersfield, CA 93308 (805) 3994697 FAX (805) 399~5763 John Hobin Niagara Car Wash 2301 "H" Street Bakersfield, CA 93301 RE: Failure to Comply Dear Mr. Hobin: On September 17, 1997, a joint inspection was conducted at 2301 "H" Street. Several violations were discovered, which need correction. You have failed to correct or respond within the thirty (30) days given you.. During our inspection, it was discovered that your leak detection system has not functioned in over a year. Section 2643 2 (a) of Article 4; Title 23, Division 3, Chapter 16, CCR: requires that all underground tanks that do not utilize automated leak detection shall have a precision tank test annually. Additionally, pressurized piping shall be tested annually. You must therefore, either repair and bring your leak detection system on-line or make arrangement for tank and piping precision test. You have also failed to provide our office the following: Jo Submit to this office a written routine tank monitoring plan. Submit to this. office a written spill response plan. To avoid revocation of your permit to operate, you must have the mentioned corrections made within thirty (30) days. (November 20, 1997). Should you have any questiqns, please feel free to contact this office at 326-3979. Sincerely, Ralph. E. Huey Hazardous Materials Coordinator by: Steve,, Underwood Underground Storage Tank Inspector C~RRECTION N OT~C E BAKERSFIELD FIRE! DEPARTMENT N_° 6 2 6 Locatio. /~[i/~q~'a Gaf OJa6~ Sub Div. %~q:' ~q%~- . Blk .... Lot You are hereby required to make the following corrections at the above location: Cor. No Completion D~for Correction~.FO/~7/~Z InspectOr 326-3979 LocaJon: Busine~ Name: Contact Name: Business Phone: Inspector's Name: Time of CaJi: Date: Type of CaJl: I0 -~'~' '1 ? Time: l~ ', Incoming [ ] Outgoing # Min: Returnecl [ ID# Ac, ions Feauire~-: Time Rec~uirea t~, Ccm~iete Activity ~ Min' Local:ion: {~ ~_~ Business Name: Contact Name: Business Phone: ~nspector~s Name: ~rne of Call: Date: Type of Ca/l: I¢-~f~¢7 Time: f',5~ ,8~ # Min: Incoming [ ] Outgoing ['¢-] Retumea ( ID# ' Ac:,ions ~eauirea: Time ~e(=uirea tc Ccmciete Actjvir¢ -~ Min: UNDERGROUND STORAGE TANi~? SPECTION Bakersfield Fire Dept. Office of Environmental Services Bakersfield, CA 93301 FACILITY NAME ~/10.q~"~ (~¢ tlJ~x BUSINESS I.D. No. 215-000 FACILITY ADDRESS 3..30( /~ 5~. CITY _~cr~-~¢~ ZIPCODE FACILITY PHONE No. ~[.~i- D'q f~J ~D~ ~m ~D~ INSPECTION DATE ~ 't~ ~) Pr~ua Pr~u~ ~u~ TIME IN TIME OUT U~ o~ Inet Dale Inet Date Insl ~le INSPECTION ~PE: I ~ ~ I¢~ Size Size ROUTINE ~ FOLLOW-UP I~,00o (~ ~o REQUIREMENTS yes no n/a yes no n/a yes no ~a la. Forms A & B Submi~ed 1 b. Form C Submiff~ lc. O~rating F~s Paid ld. State Surcharge Paid la. Statement of Financial Res~nsibil~ Submiff~ lf. Wriffen Contract Exists ~een O~er & O~rator to Operate UST 2a. Valid O~mting Permit 2b. Approved WriEen Routine Monitoring Pr~edure ~ 2c. Unauthorized Release Res~n~ Plan ~ 3a. Tank Integrity Test in Last 12 Months ~ ~ ~ C~(,~e~ ~ r ~ ~ 3b. Pressurized Piping Integrity Test in Last 12 Months ~c~e~ ~ ~ ~ ~ ~. Suction Piping Tightness Test in Last 3 Years ~ ~ ~. Gravi~ Flow Piping Tightness Test in Last 2 Years ~ ~ ~. Test Results Submiffed Within ~ Days ~ 3f. Daily ~sual Monitoring of Suction Pr~uct Piping ~ ~ ~. Manual Invento~ R~onciliation Each Month ~ ~. Annual Invento~ R~onciliation Statement Submiffed ~. Meters Calibmt~ Annually 5. Weekly Manual Tank Gauging R~ords for Small Tanks 6. Monthly Statistical Invento~ Reconciliation Results 7. Monthly Automatic Tank Gauging Results 8. Ground Water Monitoring 9. Va~r Monitoring 10. Continuous Interstitial Monitoring for Double-Walled Tanks 11. Mechanical Line Leak Detectors 12. Electronic Line Leak Det~tors 13. Continuous Piping Monitoring in Sumps 14. Automatic Pump Shutoff Capabili~ 15. Annual Maintenance/Calibration of Leak Detection Equipment ~( ~{ 16. Leak Det~tion Equipment and Test Methods Listed in LG-113 Series ~ ~ ~ 17. Wri~en Records Maintained on Site Q 0~ re 18. Re~ded Changes in Usage/Conditions to Operating/Monitoring Pr~edures of UST System Within ~ Da~ 19. Re~ed Unauthorized Release Within 24 Hours 20. Approved USl System Repairs and Upgrades 21. Records Showing Cathodic Protection Insp~tion 22. Secured Monitoring Wells 23. Drop Tu~ [ ~/. ~ I [~!E ,~ ,~ INSPECTOR: _|;m.~. t_~,~_~_&~F_~ OFFICE TELL HONE NO..~-.3J~7~' FD 1669 (rev. 9/95) ~ CUSTOMER RECEIPT ~ATE~ ~/~71~5 0! RECEIPT ~ FR U~ERGRM T~U~ ~10.88 88 FR S¥~TE SUffCRAR ~157~98 86 CK TIME~ PER. MIT STATEMENT ~ Bakersfield F Dept. 1715 Chester Ave. Bakersfield, CA 93301 A~OUNT U f ' AMOUNT 'CO ' FIREVVORKS, POWOE~ .OTHER PER.TS OC !'1-52090 OTHER TOTAL DUE . FD 1595 r R,E, HUEY HAZ-MAT COORDINATOR (805~ 326-3979 CITY of BAKERSFIELD FIRE DEPARTMENT ~..,!~"~. 1715 CHESTER AVE. · BAKERSFIELD, CA * 93301 ~< ..5~ ... '~'~ September 15, 1995 NIAGARA CAR WASH 2301 H ST BAKERSFIELD, CA 93301 Dear Business Owner: NOTICE OF VIOLATION STATE REGISTRATIION REQUIREMENT Failure to renew your state registration is a violation of Section 25287, California Health and Safety Code, and will result in your Permit to Operate the underground tank(s) being revoked. Owners of undergrouhd storage tanks must register those underground storage tanks with the State of California Water Resources Control Board and renew that registration every five years. Our records indicate five years have passed since your last State registration pursuant to Section 25287 of the California Health and Safety Code. This means that for state registration renewal you must submit a state surcharge of $56.00 for each tank. Please make you~ check payable to the City of Bakersfield. ~ You have 30 days from the date of thiis letter to return the state surcharge to 1715 Chester Ave., Bakersfield, Ca. 93301. If you have any questions or if we can be of any further assistance please don't hesitate to call 326-3979. Sincerely Yours, Ralph E. Huey Hazardous Materials Coordinator REH/ed FIRE DEPARTMENT M. R. KELLY FIRE CHIEF CCITY of BAKERSFIEL "WE ('.ARE" January .,0, 1995 WARNING! 1715 CHESTER AVENUE BAKERSFIELD. 93301 326-3911 CERTIFICATION OF FINANCIAl. RESPONSIBILITY REQUIRED 2 ! 5-000-001420 NIAGARA CAR WASH 2301 H ST BF4KERSFiEI_D, CA ':33301 Dear Underground Storage Tank Owner: Our records indicate that your business does not have a Certification of Financial Responsibility on file with this office. Please forward either a copy of your existing State approved mechanism to show financial responsibility or else complete the attached Certification of Financial Responsibility form. An attached letter from the State Water Resources Control Board lists the approved financial responsibility mechanisms required to pay for corrective actions resulting from leaking underground fuel tanks. Remember, most tank owners only have to show financial responsibility for at least $10,000 of clean up liability. The Underground Storage Tank Clean Up Fund (USTCF) may be used as the mechanism to cover the remaining accidental release liability. The total amounts of financial responsibility required (check boxes from section A of form) are as follows: If you don't sell product from you tanks, and you pump less than 10,000 gallons per month, check "$500,000 per occurrence". Else, or if you are in the business of selling from your tanks, check "1 million dollars per occurrence". For owners of 101 or more petroleum underground storage tanks, check the "2 million dollar annual aggregate" box. All others need only check the "1 million dollars annual aggregate' box. Please be aware that failure to provide the financial responsibility document to this office within 30 days will result in your Permit to Operate being revoked. (25285.1 (b) California Health & Safety Code), If you have any questions, or would like help in completing the Certification of Financial Responsibility,' please contact Howard Wines, Hazardous Materials Technician, at 32§-3979. Sincerely, Hazardous Materials Coordinator REH/dlm I~Ll)r, R.E. HUEY HAZ-MAT COORDINATOR (805) 326-3979 CITY KERSFIELD FIRE DEPA R ENT FIRE SAFETY SERVICES & OFFICE OF ENVIRONMENTAL SERVICES 1715 CHESTER AVE. * BAKERSFIELD, CA * 93301 SEP 2 8 1995 R.B. TOBIAS, FIRE MARSHAL (805) 326-3951 WARNING! CERTIFICATION OF FINANCIAL RESPONSIBILITY REQUIRED Dear Underground Storage Tank Owner. Our records indicate that your business does not have a Certification of Financial Responsibility on file with this office. Please forward either a copy of your existing State approved mechanism to show financial responsibility or else complete the attached Certification of Financial Responsibility form. An attached letter from the State Water Resources Contrc, I Board lists the approved financial responsibility mechanisms required to pay for corrective actions resulting from leaking underground fuel tanks. Remember, most tank owners only have to show financial responsibility for at least $10,000 of clean up liability. The Underground Storage Tanl< Clean Up Fund (USTCF) may be used as the mechanism to cover the remaining accidental release riability. The total amounts of financial responsibility required (check boxes from section A of form) are as follows: if you don't sell product from you tanks, and you pump less than 10,000 gallons per month, check "$500,000 per occurrence". Else, or if you are in the business of selling from your tanks, check "1 million dollars per occurrence". For owners of 101 or more petroleum underground storage tanks, check the "2 million dollar annual aggregate" box. All others need only check the "1 million dollars annual aggregate" box. Please be aware that failure to provide the financial responsibility d~.ument to this office within 30 day8 will result In your Permit to Operate being revoked. (25285.1(b} ,California Health & Safety Code}. If you have any questions, or would like help in completing the Certification of Financial Responsibility, please contact Howard Wines, Hazardous Materials Technician, at 326-3979. Sincerely, / / Hazardous MatedaJs Coordinator REH/dlm attachment R,E. HUEY HAZ-MAT COORDINATOR (805) 326-3979 CITY of BAKERSFIELD FIRE DEPARTMENT FIRE SAFETY SERVICES & OFFICE OF ENVIRONMENTAL SERVICES 1715 CHESTER AVE. * BAKERSFIELD, CA · 93301 September 15, 1995 R,B, TOBIAS, FIRE MARSHAL (805) 326-3951 NIAGARA CAR WASH 2301 H ST BAKERSFIELD, CA 93301 Dear Business Owner: NOTICE OF VIOLATION STATE REGISTRATIION REQUIREMENT Failure to renew your state registration is a violation of Section 25287, California Health and Safety Code, and will result in your Permit to Operate the underground tank(s) being revoked. Owners of underground storage tanks must register those underground storage tanks with the State of California Water Resources Control Board and renew that registration every five years. Our records indicate five years have passed since your last State registration pursuant to Section 25287 of the California Health and Safety Code. This means that for state registration renewal you must submit a state surcharge of $56.00 for each tank. Please make your check payable to the City of Bakersfield. You have 30 days from the date of this letter to return the state surcharge to 1715 Chester Ave., Bakersfield, Ca. 93301. If you have any questions or if we can be of any further assistance please don't hesitate to (:all 326-3979. Sincerely Yours, Ralph E. Huey Hazardous Materials Coordinator REH/ed ORRECTIbN N TICE BAKERSFIELD FIRE DEPARTMENT., Locatio~ AJ?A.~A '¢~ (A¢~ (A~/'- Sub Div. ~k9'~)( ~1 s'J' B].k. . L~t You are hereby required to znake the following corrections at the above location: Cot. No ,,,/Completion Date fo?Corrections' ,'~/Z//~ ~-- Inspector 326-3979 B .kersfield Fire Dept. Hazardous Materials Division Bakersfield, CA 9330 ! FACILITY NAME /~l;Ae~;~ ("'A,~_ ~_.~)~-~f~., BUSINESS I.D. No. 215-000 FACILITY ADDRESS ~')l' ~t ~'~ CITY ,_~k~(~c::[. ZIP CODE INSPECTION DATE ~/7,~ REQUIREMENTS ld. State Sumh~r~ lf. W~en Contm~ E~sts ~n ~ & O~ 2b. Ap~ov~ Wr~en Ro~ine Monitoring Pr~ure 2c. Una~ho~ Relea~ Res~n~ Plan ~, Tank Int~r~ T~t in Last 12 M~ths 3b. Pr~u~ Piping Int~r~ Test in Last 12 M~ths ~. Suction Piping ~ghtn~s Test in Last 3 Yearn ~. Gmv~ FI~ Piping ~gh~ T~ in ~st 2 Y~m ~, T~t R~uEs Submia~ W~hin ~ Da~ 3f. Dai~ ~sual ~n~ of Suct~ Pr~t ~. Manual Invento~ R~ncil~ti~ Each M~th ~. Annual Invent~ R~ciliation Statement ~. Metem Calibmt~ Annually 5. W~kN Manual Tank Gauging R~rds f~ Small 6, Monthly Statisti~l Invento~ R~ciliation R~uas 7. M~th~ A~atic Tank Gauging R~u~s 8. Ground Water Mon~oHng 10. Contin~us Inte~it~l ~nRori~ f~ Doub~Wal~ 11. M~hani~l Li~ Leak Det~tom 12. El~ronic Line Leak Det~om 13. Continuous Piping Mon~odng In Sum~ 14. A~omatic Pump Shrift Ca~bil~ 5. Annual Maintenan~Calibmtion of Leak D~i~ 16. Leak Det~tion Equipment and T~t Meth~s L~t~ 17. W~en R~ords Maintain~ ~ S~e 18. Re~ Chang~ in U~g~Cond~ions to O~mti~Eo~ng Pr~ures of UST S~tem W~hin ~ Da~ 19. Re~ Una~ho~ Relea~ WAhin 24 H~m ~. Appmv~ UST S~em Re.irs a~ U~md~ 21. R~rds Sh~ng Cath~ic Prot~i~ Ins~ ~. S~ur~ Mon~ng Wells INSPECTOR: '~~~~/3'C~ OFFICE TELEi No. HAZARDOUS MATEI~LS INSPECTION Business Name: /X/~,~_,~ ~, ~ ~ ~_~ Location: ~1 L[ ~'-~ ~l~kersfield Fire Dept. Hazardous Materials Division Date Completed Business Identification No. 215-000 _ (Top of Business Plan) Station No. '1-~. ~,~ Shift ~"~c~ _ / Arrival Time: I ~ ** C~Departure Time: Inspector Il :,~(~ , . Inspection Time: Adequate Verification of Inventory Materials ~ Verification of Quantities ~ Vedfication of Location ~ Proper Segregation of Material~ Inadequate Comments: Number of Employees: Comments; Verification of MSDS Availability Verification of Haz Mat Training Verification of Abatement Supplies & Procedures Comments: Comments: Emergency Procedures Posted Containers Properly Labeled Verification of Facility Diagram Special Hazards Associated with this Facility: r"! Violations: Business Owner/Manager' PRINT NAME White-Haz Mat Div Yellow-Station Copy All Items O.K Correction Needed Pink-Business Copy HAZARDOUS MAT LS.INSPECTION ..... ersfield:F're~D, ePt. Hazardous Materials Division Date Completed ..3.?'77n~.%~ Business Name: /'Vi ~.~..~ Location: Business IdentificatiOn No. 215-000 Ih ~ Station No. ,t~/~-~ Shift ~. ,/ Arrival Time: t b: OO Departure Time: _ (Top of Business Plan) Inspector '~'-T'~ II :_~ Inspection Time: Verification of Inventory Ma~terials Verification of Quantities Verification of Location Proper Segregation of Material Adequate Inadequate Comments: Verification of MSDS Availability Number of Employees: Verification of Haz Mat Training Comments: Verification of Abatement Supplies & Procedures Commentsi ~'- Emergency Procedures Posted Containers Properly Labeled r'l Comments: Verification of Facility Diagram r'l Special Hazards Associated with this Facility: Violations: ~sin~ ~er~anager' PRINT ~ME SIGNA~' .,_. . White-Haz Mat Div Yellow-Station '~y Pink-Business Copy Bakersfiield Fire Dep~.~ i~RDOUS MATERIALS D~SION 2130 G Street, Bakersfield, CA 93301 (805) 326-3970 I. FACILITY/SITE C11~ NAME ~' / ( STA~ ZIP CODE ~ ' ~BOXTOINDICATE ~COR~ON ~INOIVlDUAL ~PAR~ERSHIP ~L~ALAGENCYO~IC~ ~COU~AG~CY ~STAT[AGENCY ~F~LAGENCY ~PE OF BUSINE~ ~ 1 GAS STA~ON EMERGENCY CONTACT P£RSON (PRIMARY~ EME{tGENCY CONTACT PERSON (SECONDARY~ optional PHONE No. WiTH AREA CODE I DAYS: NAME (LAST. FIRST) PHONE No. WITH AREA CODE PHONE No. wiTH AREA CODE ' i NIGHTS: ~"AME (LA~. FIRST) PHONE No. WIT~ AREA CODE OWNER INFORMATION (MUST BE COMPLETED) DAYS: NAME (LAST, FIRST) NIGHTS: NAME (LAST. FIRST) II. NAME MAILING OR STRE~ ADDRE~S i ' .?." CARE OF ADDRES~ INFORMATION ,~._.._....-.--~-- ~' aOX [~ INDIVIDUAL [~ LOCAL AGENCY [~ STATE AGENCY STATE ZiP C~DE ~ PHONE ~' Wire AR~ CODE III. TANKOWNER INFORMATION (MUST BE COMPLETED) NAME 4:::), t4nbi MAILING OR STREET ADDRESS del CARE OF ADDRESS INFORMATION ~' BOX (~ INOIVIDUAL (~ LOCAL AGENCY {~ STATE AGENCY TO INDICATE._,~ ~ PARTI~IEJ~H_tP ~.~C~ AGENCY ~ FEDERAL AGENCY STATE I ZIPCODE { PHONE No. WITH AR~ CODE OWNER'S DATE VC, LUME TANK No. INSTALLED DO YOU HAVE FINANCIAL RESPONSIBILITY? Y/N TYPE PRODUCT IN STORED SERVICE Y/N Y'/N CERTIFICATION OF FINANCIAL RESPONSIBILITY r-OR UNDER(~ROUND STOFIAGI= TANKS CONTAINING PETROLEUM B. Nimg~ra (!ar Na,~h Article 3, Chapter 18, Division 3, 7'file 25, Cal~ornia Code of Regulations. The mechanisms used to dernonsb'afe financial responsibility as required by Sect/on 2807 are as follows: N/A 10,000. .Renewed Insured State ~lean up Fund Niagara Car Wash 2301H Street Bakersfield, CA 93301 State Water ~oard P.O. Box 944212 Sacramento, CA 94744 hereby cort/fies that # is in compliance with the requirements of ~ection 2807, :Annual'l, Cont. Up tq 990,000 Yes Yes 8 0 199 Note: ff you are using the ~ate Fund as any part of your demonstration of financial responsibility, your execut~n and submission of this cenYfication also certifies that you are in compI/ance with al~ cono'itions for participation in the Fund. iD'. F,e~,,, Niagara Car Wash Niagara Car Wash F~ Ns~ Niagara Car Wash I / 2301 93301 Street,Bakersfield,CA 1701 St/ne Road Ra]~ersf ~ =~ a ~ ~:,,,=m,~.a,.. ......... 7991 White Lane 92309 93309 ~/$01 H~]]~reet, Bakersfield, California, 9S~l 1701 Stine Road, Bakersfield, California, 98809 o (805) ss~-voo8 7991 White Lane, Baker;~field, California, 93309. (805) SSe-TS~S October 25, 1995 To Whom It May Concern: I certify that I have $10.000 avail~able at any Frenkl. Hobtn time to address Cost L~.~ HAZARDO U S-MATER IA LSD IV,~ 0 N ERGROUND STORAGE TANK~OGRAM PERMIT APPLICATION TO CONSTFtUC'T/MODIFY UNDERGROUND STORAGE TANK PERMIT No. TYPE OF A~t~f. ICAT'ION (CHEC~ C~ NEW FAC:LITY ¢I~MODIFFC'A'TION OF FAC:Lli'Y' ~ NEW TANK INSTALLATION AT E×IST[NG FAC'.UTY STARTING DATE FACiLiTY NAME ~PE OF ~US~NESS CONTRACTOR ADDRESS. PROPOSED COMPLY[ON DATE ~..~"'Z ~'~ ,. -- ~-XIST[NG FACILITY PERMIT No. APN CA LICSNS~ No. ~,~/~ PHONE Nc. .~--~¢- 5-'5'~2,¢ BAKERSFIELD C~TY BUSINESS LICENSE No. /~¢~¢ WORKMAN COMP] No. ¢¢~2~ ~NSURER ~ ~.~ ~R~FLY DESCRIBE THEWORK TO BE DONE ~~[ ~ ~s-¢~e ~,~¢ Dc, TH TC, ~,,.~UND WATER ~ SCIL ~: ~XPE'OT~D AT SITE No. OF TANKS TO BE INSTALLED ~ ARE THEY FOR MOTOR F~'EL · ~ YES £~:'STfON FOR MOTOR FUEL TANK Nc. VOLUME UNLEADED REGULAR PREMIUM OlE~EL .AVl.-, ,iC,~ SECTION FOR NON MOTOR ,=UELSTORAG~TANKS TANK Nc. VOLUME '"'~ .... ~' 'm ~' C,-~,::,41C,-,~. ,: t,JRr.:., ~,-,S NO. (no orcnc name) (it known) CHE:V, ICAL ?REVIOU.~L':'' !-,-*P. U,-.- .... ~'N.-.D.,-,,=: ................................................................................ ~,,,.[ .....NO:-: ................ :-:..: ................................... NO:~.:,.OE:" I,-,Nr, S ................................ :_.'~ .................. ::::::::::::::::::::::::::::::::::::::::::::: ========================================== ==================================================================== 'T ~ ~"~ ~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~:"?':: THE AP~L!CA NT HAS R ECE:WED. UNDERSTANDS. AND WILL COMPLY WITH THE ATTACHED C~NOITIONS CFTNIS PE.,iMIT ANO ANY CTH r-~ STATE. LOCAL ANO FEDERAL REGULAfIONS. THIS FORM HAS &EEN CCMPt. ET. E.~ UNDER PENALTY, CF PE..'LJfJRY. ANO TC THE ~EST CF MY KN~LEDG~ !S TRUE ANO C~RRECT. ~ ~F, .I~ANT NAME (FRIN~ ~[IC~NT SigNATuRE ,THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A201 ' General Conditions of the Contract for Construction THIS DOCU.'~IENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORN~; I$ £NCOUt~ACED WITH RESPECT TO ITS MODIFICATION 1976 EDITION TABLE OF ARTICLES. 1. CONTRACT DOCUMENTS 8. TIME .. 2. ARCHITECT 9. PAYMENTS AND COMPLETION 3. OWNER 10. PROTECTION OF PERSONS AND PROPERTY 4. CONTRACTOR 11. INSURANCE 5. SUBCONTRACTORS 12. CHANGES IN THE WORK 6. WORK BY OWNER OR BY 13. UNCOVERING AND CORRECTION SEPARATE CONTRACTORS OF WORK 7. MISCELLANEOUS PROVISIONS 14. TERMINATION OF THE CONTRACT This document' has been approved and endorsed by The Associated General Contractors of America. Col~¥right 1911, 1915, 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1966, 1967, '1970, © 1976 by The American Institute of Architects, 1735 New York Aver~ue, N.W., Washington, O. C. 2OC](~&. Rep~'oduction of the material herein or substantial quotation of its visions without permission of the ,-MA violates the copyrlghl: laws of the United States and will be subject to legal prosecution. DOCUMENT A201 · GE/'~ERAL CONDITIO,~S OF THE CONTRACT FOR CONSTRUCTION * THIRTEENTH EDITION · AUGUST 1976 ^IAO · © 1976 * THE A,MERIC. A,~ INSTITUTE OF ARCHITECTS, 1735 ~JE~,V YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1976 I INDEX Acceptance of Defective or Non-Conforming Work ..6.2.2, 13..3 Acceptance of Work ............ 5.4.2, 9.5.5, 9.8.1, 9.9.1, 9.93 Access to Work ................................ 2.2.5, 6.2.1 Accident Prevention .............................. 2.2.4:10 Acts and Omissions ........ 2.2.4, 4.18.3, 7.4, 7.6.2, 8.3.1,102.$ Additional Costs, Claims for ........... ; ............... 12.3 Administration of the Contract .................... 2.2, 4.3.3 All Risk Insurance .................................. 11.3.1 Allowances ........................................... 4.8 Applications for Payment .................. 22.6, 9.2, 9.3, 9.,% 9.5.3, 9.6.1, 9.8.2, 9.9.1, g.g.3, 14.2.2 Approvals ............... 2.2.14, 3.4, 4.3.3, 4.5, 4.12.4 through 4.12.6, 4.12.8, 4.18.3, 7.7, 9.3.2 Arbitration ................ 2.2.7 through 2~.13, 22.19, 7.9, 8.3.1, 11.3.7, 11.3.8 ARCHITECT ........................ ' .................... 2 Architect, Definition of ................................. 2.1 Architect, Extent of Authority .... 2.2, 3.4, 4.12.8, .5.2, 6.3, 7.7.2, 8.1.3, 8.3.1, 9.2, 9.3.1, 9.4, 9.5.3,'9.6, 9.8, 9.9.1, 9.9.3, 12.1.1, 12.1.4, 12.3.1, 12.4.1, 13.1, 13.2.1, 13.2.5, 14.2 Architect, Limitations of Authority and Responsibility ..... 2.2j- .... 4, through 2.2.14, 2.2.17, 2.2.18, '~,------ 4.3.3, 4.12.6, 5.2.1, 9.4.2, 9.5.4, 9.5.5, 12.,I Architect's Additional Services . .3.4, 7.7.2, 132.1, 13.2.5, 14.2.2 Architect's Approvals ...... 2.2.14, 3.4, 4.5, 4.12.6, 4.12.8, 4.18.3 Architect's Authority to Reject Work .... 2.2.13, 4.5, 13.1.2, 13.2 Architect's Copyright ................................... 1.3 Architect's Decisions .......... 2.2.7 through 2.2.13, 6.3, 7.7.2, Architect's Inspections .............. 2.2.13, 2.2.16, 9.8.1, 9.9.1! Cleaning Up ..................................... 4.15, 6.3 Commencement of the Work, Conditions Relating to..3.2.1, 4.2, 4.7.1, 4.10, 5.2.1, 6.2.2, 7.5, 9.2, 11.1.4, 11.3.4 Commencement of the Work, Definition of ............. 8.1.2 Communications ..................... 2.2.2, 3.2.$, 4.9.1, 4.16 Completion, Conditions Relating to ...2.2.16, 4.11, 4.15, 9.4.2, 9.9, 13.2.2 COMPLETION, PAYMENTS AND .......................... 9 Completion, Substantial .... 2.2.16, 8.1.1, 8.1.3, 8.2.2, 9.8, 13.2.2 Compliance with Laws ................ 1.3, ~1.1, 4.6, 4.7, 4.13, 7.1, 7.7, 10.2.2; 14 Concealed Conditions ................................. 12.,,,2 Consent, Written ...2.2.18, 4.142, 72, 7.62, 9.8.1, 9.9.2, 9.9.3, 11.3.9 Contract, Definition of ................................ 1.1.2 Contract Administration .......................... 2.2, 4.3.3 Contract Award and Execution, Conditions Relating to ......... 4.7.1, 4.10, 5.2, 73, 92, 11.1.4, 11.3.4 CONTRACT DOCUMENTS ............................... 1 Contract Documents, Copies Furnished and Use of ............... 1.3, 3.2.5, 5.3 Contract Documents, Definition of ..................... 1.1.1 Contract Sum, Definition of ........................... 9.1.1 Contract Termination ................................... 14 Contract Time, Definition of .......................... 8.1.1 CONTRACTOR ......................................... 4 Contractor, Definition of .......................... 4.1, 6.1.2 Contractor's Employees ...... 4.3.2, 4.4.2, 4.8.1, 4.9, 4.18, 10.2.1 through 102.4, 102.6, 103, 11.1.1 Contractor's Liability Insurance ........................ 11.1 Contractor's Relationship with Architect's Instructions .......... 2.2.13, 2.2.15, 7.7.2, 12.4, 13.1' Architect's Interpretations ......... 2.2.7 through 2.2.10, 12-3.2 Architect's On-Site Observations ...... 2.2.3, 2.2.5, 2.2.6, 2.2.17, 7.7.1, 7.7.4, 9.4.2, 9.6.1, 9.9.1 Architect's Project Representative .............. 2.2.17, 2.2.18 Architect's Relationship with Contractor ..... 1.1.2, 2.2.4, 2.2.$~. 2.2.10, 2.2.13, 4.3.3, 4.5, 4.7.3, 4.12.6, 4.18, 11.3.6 Architect's Relationship with Subcontractors .................. 1.1.2, 2.2.13,.9.5.3, 9.5.4 Architect's Representations ................. 9.4.2, 9.6.1, 9.9.1 Artistic Effect ....................... 1.2.3, 2.2.11, 2.2.12, 7.9.1 Attorney' Fees ........................... 4.18.1, 6.2.5, 9.9.2 Award of Separate Contracts .......................... 6.1.1 Award of Subcontracts and Other Contracts for Portions of the Work .............................. 5.2 Bonds, Lien ......................................... 9.9.2 Bonds, Performance, Labor and Material Payment .... 7.5, 9.9.3 Building Permit ....................................... 4.7 Certificate oi Substantial Completion ......... . .......... 9.8.1 Certificates of Inspection, Testing or Approval ........... 7.7.3 Certificates of Insurance ........................ 9.3.2, 11.1.4 Certificates for Payment .... 2.2.6, 2.2.16, 9.4, 9.5.1, 9.5.5, 9.6.1, 9.7.1, 9.8.2, 9.9.1, 9.9.3, 12.1.4, 14.2.2 Change Orders .......... 1.1.1, 2.2.15, 3.4, 4.8.2.3, 5.2.3, 7.7.2, 8.3.1, 9.7, 9.9.3, 11.3.1, 11.3.5, 11.3.7, 12.1, 13.1.2, 13.2.5, 13.3.1 Change Orders, Definition of ............... .~ ........ 12.1.1 CHANGES IN THE WORK .................. 2.2.15, 4.1.1, 12 Claims [or Additional Cost or Time .... 8.3.2, 8.3.3, 12.2.1, 12-3 Claims for Damages .............. 6.1.1, 6.2.5, 7.4, 8.3, 9.6.1.1 Separate Contractors and Owner's Forces ......... 3.2.7, 6 Contractor's Relationship with Subcontractors ......... 12.4, 5.2, 5.3, 9.5.2, 11.3.3, 11.3.6 Contractor's Relationship with the Architect ........ 1.1.2, 2.2.4, 22.5. 2.2.10, 2.2.13, 4.3.3, 4.5, 4.7.3, 4.12.6, 4.18, 11.3.6 Contractor's Representations ............ 1.2.2, 4.5, 4.12.5, 9.3.3 Contractor's Responsibility for Those Performing the Work ............... 4.3.2, 4.18, 10 Contractor's Review of Contract Documents .... 1.~.2, 4.2, 4.7.3 Contractor's Right to Stop the Work ..................... 9.7 Contractor's Right to Terminate the Contract ............ 14.1 Contractor's Submittals ............... 2.2.14, 4.10, 4.12, 5.2.1, 5.2.3, 9.2, 9.3:1, 9.8.1, 9.9.2, 9.9.3 Contractor's Superintendent .................... ~.4.9, 10.2.6 Contractor's Supervision and Construction Procedures .......... 1.2.4, 2~2.4, 4.3, 4.4, 10 Contractual Liability insurance ........................ 11.1.3 Coordination and Correlation .... 1.2.2, 1.2.4, 4.3.1, 4.10.1, 4.12.5, 6.1.3, 8.2.1 Copies Furnished oi: Drawings and Specifications ..1.3, 3.2.5, 5.3 Correction of Work ..................... 3.3, 3.4, 10.2.5, 13.2 Cost, Definition of .................................. 12.1.4 Costs ...... 3.4, 4.8.2, 4.15.2, 5.2.3, 6.1.1, 6.2.3, 6.2.5, 6.3, 7.7.1, 7.7.2, 9.7, 11.3.1, 11.3.5, 12.1.3, 12.1.4, 12.3,13.1.2,13.2, 14 Cuttin~ and Patching of Work ...................... 4.14, ~.2 Damage to the Work ................ 6.2.4, 6.2.5, 9.6.1.5, 9.8.1, 10.2.1.2, 10.3, 11.3, 13.2.6 Damages, CIaims for ............ 6.1.1, 6.2.5, 7.4, 8.3.4, 9.6.1.2 · Damages for DeJa¥ .......................... 6.1.1, 8.3.4, 9.7 Day, Definition of' .................................... 8.1.4 2 A201-1976 AIA DOCUMENT A21rl ,, GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · THIRTEENTH EDITION · AUGUST 1976 AIAa · ~ 1976 · THE AMERICAN INSTITUTE OF ARCHITECTS~ 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Decisions ol: the Architect ...... 2.2.9 through 2.2.12, 6.3, 7.7.2, 7.9.1, 8.3.1, 9.2, 9;4, 9.6.1, 9.8.1, 12.1.4, 12.3.1, 14.2.1 Defective or Non-Conforming Work, Acceptance, Rejectic:n and Correction of .... 2.2.3, 2.2.13, 3.3, 3.4, 4.5, 6.2.2, 6.2.3, 9.6.1.1: 9.9.4.2, 13 Definitions ........ i;1, 2.1, 3.1, 4.1, 4.12.1 through 4.12.3, 5.1, 6.1.2, 8.1~ 9.1.1, 12.1.1, 12.1.4 Dela~,s .and Extensions DJ Time ........................... 8.3 Disputes ............... ? .2.2.9, 2.2.12, 2.2.19, 6.2.5, 6.3,. 7.9.1 Documents and Samples al the Site ...................... 4.11 Drawings and Specifications, Use and Ownership of ...................... 1.1.% 1.3, 3.2.5, 5.3 Emergencies ......................................... 103 Employees, Contractor's ..... 4.3.2, 4.4,2, 4.8.1, 4.9, 4.18, '10.2.1 through 10.2.4, 10.2.6, 10.3, '11.1.1 Equipment, Labor, ,Materials and .... 1.1.3, 4.4, 4.5, 4.12, 4.13, 4.15.1, 6.2.1, 9.3.2, 9.3.3, 11.3, 13.2.2, 13.2..5, 14 Execution and Progress o~ the Work .... 1.1.3, 1.2.3, 2.2.3, 2.2.4, 2.2.8, ~,.20 4.4.1, 4.$, 6.2.2, 7.9.:I, 8.2, 8.3, 9.6.1, 10.2.3, 10.2.4,. 14.2 Execution, Correlation and Intent of the Contract Documents ......................... 1.2, 4.7.1 Extensions of Time ................................ 8..3, 12.1 Failure of Payment by Owner ...................... 9.7,,14.1 Failure of Payment of Subcontractors . .9.5..*., 9.6.1.3, 9.9.2, 14.2.1 Final Completion and Final Payment . .2.2.12, 2.2.16, 9.9, 13.3.1 Financial Arrangements, Owner's ...................... 3.2.1 Fire and Extended Coverage Insurance ................ 11.3.1 Governing Law ........................................ 7.1 Guarantees (See Warranty and Warranties) ........ -*.2.16, 4.S, 9.3.3, 9.8.1, 9.9.4, 13.2.2 Indemnification ....................... 4.17, 4.18, 6.2.5, 9.9..* Identification of Contract Documents .................. 1.2.1 Identification of Subcontractors and Suppliers ............ 5.2.1 Information and Services Required oi the Owner ........ 3.2, 6, 9, 11.2, 11.3 Inspections ............... 2.2.13, 2.2.16, 4.3.3, 7.7, 9.8.1, !).9.1 Instructions to Bidders ............................ 1.1.1,;'.S Instructions to the Contractor .......... 2.2.2, 3.2.6, 4.8.1, 7.7.2, 12.1.2, 12.1.4 INSURAN CE .................................... L. 9.8.1, 11 Insurance, Contractor's Liability ............... ~ ........ 11.1 Insurance, Loss of Use ................................ 11.4 Insurance, Owner's Liability ........................... 11.2 Insurance, Property ................................... '11.3 Insurance, Stored Materials ..................... 9.3.2,11.3.1 Insurance Companies, Consent to Partial Occupancy .... 11.3.9 Insurance Companies, Settlement With ................ 11.3.8 Intent of the Contract Documents ...1.2.3, 2.2.10, 2.2.13, 2.2.14, :I2.4 Interest ............................................... 7.8 Interpretations, Written ......... 1.1.1, 2.2.~, 2.2.8, 2.2.10, 't2.4 Labor and Materials, Equipment .... 1.1.3, 4.4, 4.5, 4.12, 4.13, 4.15.1, 6.2.1, 9.3.2, 9.3.3, 11.3, 13.2.2, 13.2.S, 14 Labor and Material Payment Bond ...................... 7.$ Labor Disputes ...................................... .~.3.1 Laws and Regulations .............. 1.3, 2.1., 4.6, 4.7, 4.13, ;'.1, 7.7, 10.2.2, 14 Liens ................................... 9.3.3, 9.9.2, 9.9.4.1 Limitations of Authority ..... 2.2.2, 2.2.17, 2.2.18, 11.3.8, 12.4.1 Limitations of Liability ...... 2.2.10, 2.2.13, 2.2.14, 3.3, 4.2, 4.7.3, 4.12.6, 4.17, 4.18.3, 6.2:2, 7.6.2, 9.4.2, 9.9.4, 9.9.5, 10.2.5, 11.1.2, 11.3.6 Limitations of Time, General ..... 2.2.8, 2.2.14, 3.2.4, 4.2, 4.7.3, 4.12.4, 4.15, 5.2.1, 5.2.3, 7.4, 7.7, 8.2, 9.5.2, 9.6, 9.8, 9.9, 11.3.4, 12.1.4, 12.4, 13.2.1, 13.2.2, !3.2.5 Limitations of Time, Specific ........... 2.2.8, 2.2.12, 3.2.1, 3.4, 4.10, 5.3, 6.2.2, 7.9.2, 8.2, 8.3.2, 8.3.3, 9.2, 9.3.1, 9.4.1, 9.5.1, 9.7, 11.1.4, 11.3.1, 11.3.8, 11.3.9, 12.2, 12.3, 13.2.2, 13.25, 13.2.7, 14.1, 14.2.1 Limitations, Statutes of ................... 7.9.2, 13.2.2, 13.2.7 Loss of Use Insurance ................ ; ................ 11.4 Materials, Labor, Equipment and ....... 1.1.3, 4.4, 4.5, 4.12, 4.13, 4.15.1, 6.2.1, 9.3.2, 9.3.3, 11.3.1, 13.2.2, 13.2.5, 14 Materials Suppliers ................. ; .....4.12.1t 5.2.1, 9.3.3 ,Means, Methods, Techniques, Sequences and Procedures of Construction ............. 2.2.4, 4.3.1, 9.4.2 Minor Changes in the Work ................ 1.1.1, 2.2.1S, 12.4 MISCELLANEOUS PROVISIONS ........................... 7 Modifications, Definition of ........................... 1.1.1 Modifications to the Contract ........ 1.1.1, 1.1.2, 2.2.2, 2.2.18, 4.7.3, 7.9.3, 12 Mutual Responsibility .................................. 6.2 Non-Conforming Work, Acceptance of Defective or ..... 13.3.1 Notice, Written .......... 2.2.8, -*.2.12, 3.4, 4~., 4.7.3, 4.7.4, 4.9, 4.12.6, 4.12.7, 4.17, $.2.1,7.3, 7.4, 7.7, 7.9.2, 8.1.2, 8.3.2, 8.3.3, 9.4.1, 9.6.1, 9.7, 9.9.1, 9.9.$, 10.2.6, 11.1.4, 11.3.1, 11.3.4, 11.3..5, 11.3.;', 11.3.8, 12.2, 12.3, 13.2.2, 13.2.$, 14 Notices; Permits, Fees and ........................ 4.7,10.2.2 Notice of Testing and Inspections ....................... 7.7 Notice to ProCeed ................................... 8.1.2 Observations, Architect's On-Site ........ 2.2.3, 7.7.1, 7.7.4, 9.4.2. Observations, Contractor's .................. 1.2.2,4.2.1,4.7.3 Occupancy .............................. 8.1.3, 9.5.5, 11.3.9 On-Site Inspections by the Architect ........ 2..2.3, 2.2.16, 9.4.2, 9.8.1, 9.9.1 On-Site Observations by the Architect ....... 2.2.3, 2.2.6, 2.2.17, 7.7.1, 7.7.4, 9.4.2, 9.6.1, 9.9.1 Orders, Written ................... 3.3, 4.9,12.1.4, 12.4.1,13.1 OWNER ............................................... 3 Owner, Definition of .................................. 3.1 Owner, Information and Services Required of the .... 3.2, 6.1.3, . . 6,2, 9,11.2,11.3 Owner's Authority ............. 2.2.16, 4.8.1, 7.7.2, 9.3.1, 9.3.2, · 9.8.1, 11.3.8, 12,3.2, 12.1.4 Owner's Financial Capability ........................... 3.2.1 Owner's Liability Insurance .................. ~ ......... 11,2 Owner's Relationship with Subcontractors .......... 1.1.2, 9.$.4 Owner's Right to Carr~ Out the Work .............. 3.4, 13.2.4 Owner's Right to Clean Up ....................... 4.1S.2, 6,3 Owner's Right to Perform Work and to Award Separate Contracts ................................. 6,1 Owner's' Right to Terminate the Contract ................ 14.2 Owner's Right to Stop the Work ......................... 3.3 Ownership and Use of Documents ........ 1.1.1, 1.3,3.2.5, 5.2.3 Patching of Work, Cutting and .................... 4.14, 6.2.2 Patents, Royalties and ............................... 4.17.1 Payment Bond, Labor and Material ....................... 7.5 Payment, Applications for ..: ......... 2.2.6, 9.2, 9.3, 9.4, 9.5.3, 9.6.1, 9.8.2, 9.9.1, 9.9.3, 14.2.2 Payment, Certificates for ............... 2.2.6, 2.2.16, 9.4, 9.5.1, 9.5.5, 9.6.1, 9.7.1, 9.8.2, 9.9.1, 9.9.3, 12.1.4, 14.2.2 DOCUMENT A201 · GENEJCAL CONDITIONS OF THE CONTRACT FO;~ CONSTRUCTION · THIRTEENTH EDITION · AUGUST 1976 AIA'~ ,, © 1976 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NE~,V YORK AVENUE, N.¥¥., WASHINGTON, D.C. 20006 A201-1976 3 Payment, Failure of ................ 95.2, 9.6.1.3, 9.7, 9.9.2, 14 Payment, Final ...................... 2.2.12, 2.2.16, 9.9, 13.'L1 Payments, Progress . ......... 7.8, 7.9.3, 9.5.$, 9,8.2, 9.9.3, 12.11.4 PAYMENTS AND COMPLETION ........................... 9 Payments to Subcontractors ................. 9.S.2, 9.S.3, 9.S..4, 9.6.1.3, 11.3.3, 14.2;.1 Payments Withheld ........... ' ......................... Performance Bond and labor and Material'Payment Bond . .7.5 Permits, Fees ~nd Notices ..................... 3.2.3, 4.7, 4.13 PERSONS AND PROPERTY, PROTECTION OF .............. 10 Product Data, Definition of ........................... 4.12.2 Product Data, Shop Drawings, Samples and ...2.2.14, 4.2.1, 4.12 Progress and Completion .................... 2.2.3, 7.9.3, Progress Payments ........... 7.8, 7.9.3, 9.5.5, 9.8.2, 9.9.3, 12.1.4 Progress Schedule .................................... 4.'10 Project, Definition of ................................. 1.1.4 Project Representative ............................... 2.2.17 Properly Insurance ................................... 11.3 PROTECTION OF PERSONS AND PROPERTY .............. '10 Regulations and Laws ..... 1.3, 2.1.1, 4.6, 4.7, 4.13, 7.1, 10.2.2, '14 Rejection of Work ..' ...................... 2.2.13, 4.5.1, 13.2 Releases of Waivers and Liens .................... 9.9.2, 9.9.4 Representations ............. 1.2.2, 4.5, 4.12.S, 9.4.2, 9.6.1, 9.9.1 Representatives ............................ 2.1, 2.2.2, 2.2.17, 2.2.18, 3.1, 4.1, 4.9, 5.1, 9.3.3 Responsibility for Those Performing the Work ..... 2.2.4, 4.3.2, 6.1.3, 6.2, 9.8.1 Retainage ....................... 9.3.1, 9.5.2.9.8.2, 9.9.2, 9.9.3 Re~iew of Contract Documents by the Contractor .......... · .............. 1.2.2, 4.2, 4.7.3 Reviews of Contractor's Submittals by Owner and Architect ..... 2.2.14, 4.10, 4.12, S.2.1, 5.2.3, 9.2 Rights and Remedies ...... 1.1.2, 2.2.12, 2.2.13, 3.3, 3.4, 5.3, 6.~1, 6.3, 7.6, 7.9, 8.3.1, 9.6.1, 9.7, 10.3, 12.1.2, 12.1, 13.2.2, 14 Royalties and Patents ................................. 4.17 Safely of Persons and Property ......................... 10.2 Safely Precautions and Programs .................. 2.2,4,10..1 Samples, Definition of ....................... · ........ 4.12.3 Samples, Shop Drawings, Product Data and ..... 2.2.14; 4.2, 4.12 Samples at the Site, Documents and .................... 4.11 Schedule of Values .................................... 9.2 Schedule, Progress ................................... 4.10 Separate Contracts and Contractors ..... 4.14.2, 6, 11.3.6, 13.1.2 Shop Drawings, Definition of ......................... 4.12.1 Shop Drawings, Product Data and Samples ... 2.2.14, 4.2, 4.12 Site, Use of ..................................... 4.13, 6.2.1 Site Visits, Architect's ................ 2.2.3, 2.2.5, 2.2.6, 2.2.1;', 7.7.1, 7.7.4, 9.4.2, 9.6.1, 9.9.'1 Site inspections ............. 1.2.2, 2.2.3, 2.2.16, 7.7, 9.8.'1, 9.9.1 Special Inspection. and Testing .................... 2.2.13, 7'.7 Specifications ............................... 1.1.1, 1.2.4, 1.3 Statutes of Limitations .................... ?.9.2, 13.2.2, 13.2.7 Stopping the Work ...................... 3.3, 9.7.1, 10.3, 14.1 Stored ~4aterials ............ 6.2.'I, 9.3.2, 10.2.1.2, 11.3.1, 13.2.5 SUBCONTRACTORS ..................................... 5 Subcontractors, Definition of ............................ .5.1 Subcontractors, Work by ............... 1.2.4, 2.2.4, 4.3..1i4.3.2 Subcontractuai Relations ............................... 5.21 Submittals .................... 1.3, 4.10, 4.12, 5.2.1, 5.2.3, 9.2, 9.3.1, 9.8.1, 9.9.2, 9.9.3 Subrogation, Waiver of ..... : ........................ 11.3.6 Substantial Completion ...... 2.2.16, 8.1.1, 8.1.3, B.2.2, 9.8,132.2 Substantial Completion, Definition of ................... 8.1.3 Substitution of Subcontractors .................... S.23,5.2.4 Substitution of the Architect ........................... 2.2..19 Substitutions of/~',aterials ......................... 4.5, 12.1.4 Sub-subcontractors~ Definition of ....................... S.1.2 Subsurface Conditions ............................... 12.2.1 Successors and Assigns ................................. 7.:2 Supervision and Construction Procedures .1.2.4, 2.2.4, 4.3, 4.4,10 Superintendent, Contractor's ...................... 4.9,10.2.6 Surety, Consent of .............................. 9.9.2,9.9.3 Surveys ....................................... 3.2.2, 4.18.3 Taxes ...............................................~4.6 Termination by the Contractor ......................... 14.1 Termination by the Owner ............................14.2 Termination of the Architect ......................... 2.2.19 TERMINATION OF THE CONTRACT ...................... 14 Tests ................................. 2.2.13, 4.3.3, 7.7, 9.4.2. Time ........................ ~ ......................... 8 Time, Definition of .................................... 8.1 Time, Delays and Extensions of ........... 8.3, 12.1, 12.3, 13.2.7 Time Limits, Specific .................. 2.2.8, 2.2.12, 3.2.1, 3.4, 4.10, 5.3, 6.2.2, 7.9.", 8.2, 8.3.2, 8.3.3, 9.2, 9.3.1, 9.4.1, 9.5.1, 9.7, 11.1.4, 11.3.1, 11.3.8, 11.3.9, 12.2, 12.3, 13.2.2, 13.2.5, 13.2.7, 14.1, 14.2.1 Title to Work ................................... 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK ............. 13 Uncovering of Work .................................. 13.1 Unforseen Conditions ............................. 8.3, '~2.2 Unit Prices ................................... 12.1.3,12.1.5 Use of Documents ....................... 1A.1,1.3, 3.2.5, 5.3 Use of Site ..................................... 4.13, 6.2'1 Values, Schedule of .................................... 9.2 Waiver of Claims by the Contractor .... 7.6.2, 8.3.2, 9.9..5, 11.3.6 Waiver of Claims by the Owner ...... 7.6.2, 9.9.4,11.3.6,11.4.1 Waiver of Liens ...................................... 9.9.2 Warranty and Warranties .... 2.2.16, 4.5, 9.3.3, 9.8.1, 9.9.4, 13.2.2 Weather Delays ........... ; .......................... 8.3.1 Work, Definition of .................................. 1.1.3 Work by Owner or by Separate Contractors ................ 6 Written Consent ...... 2.2.18, 4.14.2, 7.2, 7.6.2, 9.8.1, 9.9.3, 9.9.4 Written interpretations ............... 1.1.1,1.2.4, 2.2.8, 12.3.2 Written Notice ..... 2.2.8, 2.2.12, 3.4, 4.2, 4.7.3, 4.7.4, 4.9, 4.'12.6, 4.12.7, 4.17, 5.2.1, 7.3, 7.4, 7.7, 7.9.2, 8.1.2, 8.3.2, 8.3.3, 9.4.1, 9.6.1, 9.7, 9.9.1, 9.9.$, 10.2.6, 11.1.4, 11.3.1, 1'1.3.4, 11.3.5, 11.3.7, 11.3.8, 12.2, 12.3, 13.2.2, 13.2.5, 14 Written Orders ................... 3.3, 4.9, 12.1.4, 12.4.1, 13.1 AIA DOCUMENT A201 · GENERAL CONOtTIOi'~S OF THE CONTRACT FOR CONSTRUCTION · THIRTEENTH EDITION · AUGUST 1976 4 A201-1976 AIA& · ~) 1976 · THE AMERICAN INSTITUTi: OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE I CONTRACT DOCUMENTS 1.1 DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contr,:ct Documents consist of the Owner-Contrac- tor Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, and all Addenda issued prior to and all Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract Signed by both parties, (2) a Change Order, (3) a written interpretation issued by the Architect pursuant tc~ Sub- paragraph 2.2.8, or (4) a written order for a minor change in the Work issued by the Architect pursuant to Par~graph 12.4. The Contract Documents do not include Bidding Documents such as the Advertisement or Invitation to Bid, the Instructions to [~idders, sample forms, the Con- tractor's Bid or portions of Addenda relating to a.ny of these, or any other documents, unless specifically 'enu- merated in the Owner-Contractor Agreement. 1.1~ THE CONTRACT The Contract Documents form the Contract for Construc- tion. This Contract represents the entire and integrated agreement between the parties hereto and supersedes ail prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification as defined in Subparagraph 1.1.1. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Ar- chitect and the Contractor, but the Architect shall be entitled to performance 'of obligations intended for his benefit, and to enforcement thereof. Nothing contained in the Contract Documents shall create any contractual relationship between the Owner or the Architect and any Subcontractor or Sub-subcontractor. 1.1.3 THE WORK The Work comprises the completed construction required by the Contract Documents and includes all labor nec·s- sar,/ to produce such construction, and all material~; and equipment incorporated or to be incorporated in such construction. 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. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed in not less than triplicate by the Owner and Contractor. If either the Owner or the Contractor or both do not sign the Condi- tions of the Contract, Drawings, Specifications, or any of the other Contract Documents, the Architect shall iden- tify such Documents. 1.2.2 By executing the Contract, the Contractor represents that he has visited the site, familiarized himself with the local conditions under which th~ Work is to be per- formed, and correlated his observations with the require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and comple- tion of the Work. The Contract Documents are comple- mentary, and what is required by any one shall be as binding as if required by all. Work not covered in the Con- tract Documents will not be required unless it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results. Words-and ab- bre,,,iations 'which ha,,'· well-known technical o~ trade meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.2.4 The organization of the Specifications into divisions, sections and articles, and the arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.3 OWNERSHIP AND USE OF DOCUMENTS. 1.3.1 All Drawings, Specifications and copies thereof furnished by the Architect are and shall remain his prop- erty. They are to be used only with respect to this Project and are not to be used on any other proiect. With the exception of one contract set for each party to the Con- tract, such documents are to be returned or suitably accounted for to the Architect on request at the comple- tion of the Work. Submission or distribution to meet offi- cial regulatory requirements or for other purposes in connection with the Project is not 'to' be construed as publication in derogation of the Architect's common law copyright or other reserved rights. ARTICLE 2 ARCHITECT 2.1 DEFINITION 2.1.1 The Architect is the person lawfully licensed to practice architecture, or an entity lawfully practicing architecture identified as such in the Owner-Contractor Agreement, and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Architect means the Architect or his authorized representative. 2.2 ADMINISTRATION OF THE CONTRACT 2.2.1 The Architect will provide administration of the Contract as hereinafter described. 2.2.2 The Architect will be the Owner's representative during construction and until final payment is due. The Architect will advise and consult with the Owner. The Owner's instructions to the Contractor shall be forwarded AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · THIRTEENTH EDITION · AUGUST 1976 AIAe · © 1976 · THE ,AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 A201-1976 5 through the Architect. The ~rchitect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with Subparagraph 2.2.18. 2.2.3 The Architect will visit the site at intervals appro- priate to the stage of construction to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in ac- cordance with the Contract Documents. However, the Architect will not be required to make exhaustive or con- tinuous on-site inspections to check the quality or quan- tity of the Work. On the basis of his on-site observations as an architect, he will keep the Owner informed of the progress of the Work, and will endeavor to guarcl the Owner against defects and deficiencies in the Work of the Contractor. 2.2.4 The Architect will not be responsible for and will not'have control or charge of construction means, meth- ods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not be responsible for or have control or charge over the acts or omissions o1! the Contractor, Subcontractors,. or any of'their agents or em- ployees, or any Other persons performing any of the Work. 2.2.5 The Architect shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform his functions under the Contract 'Documents. 2.2.6 Based on the Architect's observations and an evalu- ation of the Contractor's Applications for Payment, the Architect will determine the amounts owing to the Con- tractor and will issue Certificates for Payment in such amounts, as provided in Paragraph 9.4. 2.2.7 The Architect will be the interpreter of the require- ments of the Contract Documents and the iudge of the performance thereunder by both the Owner and Con- tractor. 2.2.8 The Architect will render interpretations necessary for the proper execution or progress of the Work, ~vith reasonable promptness and in accordance with any time limit agreed upon. Either party to the Contract may make written request to the Architect for such interpretations. 2.2.9 Claims, disputes and other matters in question be- tween the Contractor and the Owner relating to the exe- cution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Architect for decision which he will render in writing within a reasonable time. '2.2.'10 All interpretations and decisions of the Architect shall be consistent with the intent of and reasonably in- ferable from the Contract Documents and will be in writ- ing or in the. form of drawings. In his capacity as inter- preter and judge, he will endeavor to secure faithful per- formance by both the Owner and the Contractor, will not show partiality to either, and will not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 2.2.'i'! The Architect's ~decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 2.2.12 Any claim, dispute or other matter in question between the Contractor and the Owner referred to the Architect, except, those relating to artistic effect as. pro- vided in Subparagraph 2.2.'11 and except those which have been waived by the making or acceptance of final pay- ment as provided in Subparagraphs 9.9.4 and 9.9.5, shall be subject to arbitration upon the written demand of ei- ther party. However, no demand for arbitration of any such claim, dispute or other .matter may be made until the earlier of il) the date on which the Architect has rendered a writte.n decision, or (2) the tenth day after the parties have presented their evidence to the Architect or have been given a reasonable opportunity to do so, if the Architect has not rendered his written decision by that date. When such a written decision of the Architect states (1) that the decision is final but subject to appeal, and (2) that any demand for arbitration of a claim, dispute or other matter covered by such decision must be made within thirty days after the date on which the party mak- ing the demand receives the written decision, failure to demand arbitration within said thirty days' period will re- sult in the Architect's decision becoming final and binding - upon the Owner and the Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision mas,, be entered as evidence but will not supersede any arbitration proceedings unless the decision is acceptable to all parties concerned. 2.2.'13 The Architect wi'Il have authority, to reject Work which does not conform to the Contract Documents. Whenever, in his opinion, he considers it necessary or advisable for the implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of the Work in accordance with Subparagraph 7.7.2 whether or not such Work be then fabricated, installed or completed. However, neither the Architect's authority to act under this Subparagraph 2.2.13, nor any decision made by him in gogd faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Architect to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 2.2.14 The Architect will review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.2.15 The Architect Will prepare Change.Orders in ac- cordance with Article 12, and will have authority to order minor changes in the Work' as provided in Subparagraph '12.4.1. AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ,* THIRTEENTH EDITION · AUGUST 1976 6 A20.1-1976 AIA~ · © 1976 .e THE AMERICAN INSTITIJTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 2.2.16 The Architec't' will conduct inspections to deter- mine the dates of Substantial Completion and final com- pletion, will receive and forward to the Owner 1:or the Owner's review written warranties.and related documents required by the Contract and assembled by the Contrac- tor, and will issue a final Certificate for Paymenl: upon compliance with the requirements of Paragraph 9.9. 2.2.17 if the Owner and Architect agree, the Architect will provide one or more Project Representatives to assist the Architect in carrying out his responsibililties at the site. The duties, responsibilities and limitations of authority of any such Project Representative shall be as set forth in an exhibit to be incorporated in the Cz~ntract Documents. 2.2:18. The duties, responsibilities and limitations of au- thority of the Architect as the Owner's representative dur- 'lng construction as set fbrth in the Contract Documents will not be modified or extended without written con- sent of the Owner, the Contractor and the Architect. 2.2.19 In case of the termination of the employment of the Architect, the Owner shall appoint an architect against whom the Contractor makes no reasonable objec- tion whose status under the Contract Documents shall be that of the former architect. Any dispute in connection with such appointment shall be subject to arbitration. ARTICLE 3 OWNER ' 3.1 DEFINITION 3.'L'i The Owner is the person or entity identified as such in the Owner-Contractor Agreement and is referred to throughout the Contract Documents as if singular in num- ber and masculine in gender. The term Owner means the Owner or his authorized representative. 3.2 INFORMATION AND SER¥1CES REQUIRED OF THE OWNER 3.2.~' The Owner shall, at the request of the Contractor, at the time of execution of the Owner-Contractor Agree- merit, furnish to the Contractor reasonable evidence that he has made financial arrangements to fulfill his obliga- tions under the Contract. Unless such reasonable evi- dence is furnished, the Contractor is not requir,.~d to execute the Owner-Contractor Agreement or to com- mence the Work. 3.2.2 The Owner shall furnish all surveys describing th~ physical characteristics, legal limitations and utility loca- tions for the site of the Project,' and a legal description of the site. 3.2.3 Except as provided in Subparagraph 4.7.'I, the Owner shall secure and pay for necessary approvals, ease-. ments, assessments and charges required for the conrstruc- tion, use or occupancy of permanent structures or for per- manent changes in existing facilities. 3.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable prompt- ness to avoid delay in the orderly progress of the Work. 3.2.5 Unless otherwise provided in the Contract Docu-' ments, the Contractor will be furnished, free of charge, all copies of Drawings and Specifications reasonably nec- essary for the execution of the Work. 3.2.6 The Owner shall forward all instructions to the Contractor through the Architect. 3.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Work by Owner or by Separate Contractors, Payments and. Completion, and in- surance in Articles 6, g and '1'1 respectively. 3.3 OWNER'S RIGHT TO ..cFI'DP THE WORK 3.3.1 If the Contractor fails to correct defective Work as required by Paragraph '13.2 or persistently fails to carry out the Work in accordance with the Contract Docu~ ments, the Owner, by a written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any 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. 3.4 'OWNER'S RIGHT TO CARRY OUT THE WORK 3.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven days 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 seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Archi- tect's additional services made necessary by such default, neglect or failure. Such action by the Owner and the amount charged to the Contractor are both subject to the prior approval of the Architect. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. ARTICLE 4 CONTRACTOR 4.'I DEFINITION 4.'i.'1 The Contractor is the person or entity identified as such in the Owner-Contractor Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contractor means the Contractor or his authorized representative. 4.2 RI:VIEW OF CONTRACT DOCUMENTS 4.2.1 The Contractor shall carefully study and compare the Contract Documents and shall at once report to the Architect any error, inconsistency or omission he may dis- cover. The Contractor shall not be liable to the Owner or DOCUMENT A201 ,, GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * THIRTEENTH EDITION ,, AUGUST 'icj?6 6 AIA'e · © 1976 · THE AMERI~.AN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-197' 7' the Architect for any damage resulting from any such errors, inconsistencies or omissions in the Contract [3,ocu- meats. The Contractor shall perform no portion of the Work at any time without Contract Documents or, where required, approved Shop Drawings, Product Data or Samples for such portion of the Work. 4.3 SUPERVISION AND CONSTRUCTION PROCEDURI.:S 4.3.1 The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely re- sponsible for all construction means, methods, tech- niques, sequences and procedures and for coordinating all portions of the Work under the Contract. 4.3.2 The Contractor shall be responsible to the Owner for the acts and omissions of his employees, Subcontrac- tors and their agents and employees, arid other persons performing any of the Work under a contract with the Contractor. 4.3.3 The Contractor shall not be relieved from his obli- gations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Architect in his administration of the Contract, or by inspections, tests or approvals required or performed un- der Paragraph 7.7' by persons other than the Contractor. 4.4 LABOR AND MATERIALS 4.4.1 Unless otherwise provided in the Contract ments, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or per- manent and whether or not incorporated or to be incor- porated in the Work. 4.4.2 The Contractor shall at all times enforce strict dis- cipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. 4.5 WARRANTY 4.5.1 The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise ~;peci- lied, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these rei~uire~ meats, including substitutions not properly approved and authorized, may be considered defective. If required by the Architect, the Contractor shall furnish satisfactory evi- dence as to the kind and quality of materials and equip- ment. This warranty is not limited by the provisions of Paragraph 13.2. 4.6 TAXES 4.6.1 The Contractor sh~ll pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacl:ed at the time bids are received, whether or not yet effective. 4.7 PERMITS, FEES AND NOTICES 4.7.'I Unless otherwise provided in the Contract Docu- ments, the Contractor shall secure and pay for the build- ing permit and for all other permits and governmental fees, licenses and inspections' necessary for the proper execution and completion of the Work which are custom- arily secured after execution of the. Contract and which are legally required at the time the bids are received. 4.7.:~ The Contractor shall give all natices and comply with all laws, ordinances; rules, regulations and lawful or- ders of any public authority bearing on the performance · of the Work. 4.7.3 It is not the responsibility of the Contractor to make certain that the Contract Documents are in accord- ance with applicable laws, statutes, building codes and re_~ulations. If the Contractor observes that any of the Contract Documents are at variance therewith in any re- spect, he shall promptly notify the Architect in writing, and any necessary changes shall be accomplished by ap- propriate Modification. 4.7.4 If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regula- tions, and without such notice to the Architect, he shall assume full responsibility therefor and shall bear all costs attributable thereto. 4.8 ALLOWANCES 4.8.1 'The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. 'Items covered by these allowances shall be supplied for such amounts and by such persons as the Owner may direct, but the Contractor will not be required to employ persons against whom he makes a reasonable objection. 4.8~ Unless otherwise provided in the Contract Docu- ments: .1 these allowances shall cover the cost to the Con- tractor, less any applicable trade discount, of the materials and equipment required by the allowance delivered at the site, and all applicable taxes; .2 the Contractor's costs fo'r unloading and handling on the site, labor, installation costs, overhead, prof- it and other expenses contemplated for the original allowance shall be included in the Contract Sum and not in the allowance; .3 whenever the cost is more than 'or less than the allowance, the Contract. Sum shall be adjusted ac- cordingly by Change Order, the ampunt of which will recognize changes, if any, in handling costs on the site, labor, installation costs, overhead, profit and other expenses. 4.9 SUPERINTENDENT ' 4.9.1 The Contractor shall employ a competent superin- tendent and necessary assistants who shall be in attend- ance at the Project site during the progress of the Work. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. Important commu- nications shall be confirmed in writing. Other communi- cations shall be so confirmed on written request in each case. 4.10 PROGRESS SCHEDULE 4.10.1 The Contractor, immediately after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information an estimated progress sched-- AIA DOCUMENT A201 · GENERAL CONDITI[ONS OF THE CONTPukCT FOR CONSTRUCTION · THIRTEENTH EDITION * AUGUST 1976 8 A201-1976 A~A® ,, ~) 1976 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ule for the Work. The' progress schedule shall be related to the entire Proiect to the extent required by the Con- tract Documents, and shall provide for expeditious and practicable execution of the Work. 4.11 DOCUMENTS AND SAMPLES AT THE SITE 4.11.1 The Contractor shall maintain at the site for the Owner one record copy of all Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. These shall be available to the Architect and shall be delivered to him for the Owner upon ~:ompletion of the Work. 4.12, SHOP DRAWINGS, PRODUCT DATA AND SA/vIPI.F..S 4.12.1 'Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 4.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 4.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and esl:ablish standards by which the Work will be judged. 4.12.4 The Contractor shall review, approve and submit, with reasonable promptness and [n such sequence as to cause no delay in the Work or in the work of the Owner or any separate contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. 4.12.5 13y approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that he has determined and verified all materials, field meas- urements, and field construction criteria related thereto, or will do so, and that he has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Docu- ' ments. 4.12.6 The Contractor shall not be relieved of responsi- bility for any deviation from the requirements of the Contract Documents by the Architect's a_p. proval of Shop Drawings, Product Data or Samples u.nder Subpar;tgraph 2.2.14 unless the Contractor has specifically informed the Architect in writing oi such deviation at the time of sub- mission and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Architect's approval thereof. 4.12.7 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Architect on previous submittals. 4.12.8 No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be com- menced until the submittal has been approved hy the Architect as provided in Subparagraph 2.2.14. All such portions of the Work shall be in accordance with ap- proved submittals. 4.13 USE OF SITE 4.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encum- ber the site with any materials or equipment. 4.14 CUTT1NG AND PATCHING OF WORK 4.14.1 The Contractor shall be responsible for all cutting, fitting or patching that may be required to complete the Work or to make its several parts fit together properly. 4.14.2 The Contractor shall not damage or 'endanger any portion of the Work or the work of the Owner or any separate contractors by cutting, patching or otherwise altering any work, or by excavation. The Contractor shall not cut or otherwise alter the work of the Owner or any separate contractor except with the wdtten consent of the Owner and of such separate contractor. The Contractor shall not unreasonably withhold from the Owner or any separate contractor his consent to cutting or otherwise altering the Work. 4.15 CLEANING UP 4.15.1 The Contractor at ail times shall keep the premises' free from accumulation of waste materials or rubbish caused by his operations. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construc- tion equipment, machinery and surplus materials. 4.1S~ If the Contractor fails to clean up at the comple- tion of the Work, the Owner may do so as provided in Paragraph 3.4 and the cost thereof shall be charged to the . Con tractor. 4.16 COA4MUNICATIONS 4.16.1 The Contractor shall forward all communications to the Owner through the Architect. 4.17' ROYALTIES AND PATENTS 4.17.1 The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has rea- son to believe that the design, process or product speci- fied is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Architect. 4.18 INDEMNIFICATION 4.18.1 To the fullest.extent permitted by law,. the Con- tractor shall indemnify and hold harmless the Owner and the Architect and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or result- ing from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTR^c'r FOR CONSTRUCTION · THIRTEENTH EDITION ,, AUGUST 1976 AIA"~ · © 1976 · THE A.'~IERICAN INSTITI.~TE OF ARCHITECT.ti, 1;'35 NE~,V YORK AVENUE, N.W., WASHINGTON, D.C. 20(X~6 A201-1976. 9 and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, re§ardles:s of whether or not it is caused in part by a party' indemnified hereunder. Such obligation shall not be construed to ne- gate, abridge, or otherwise reduce any other right or obli- gation of indemnity which would other,vise exist as to any party or person described in this Paragraph 4.18. · 4.18.2 In any-and all claims against the Owner or the Architect or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnifi- cation obligation under this~Paragraph 4.18 shall nol: be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under wort:ers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 4.18.3 The obligations of the Contractor under this F'ara- graph 4.18 shall not extend to the liability of the Archi- toot, his agents or employees, arising out of (1) the prepa- ration or approval of maps, drawings, opinions, reports. surveys, change orders, designs or specifications, or (21 the giving of or the failure to give directions or instruc- tions by the Architect, his agents or employees proviided such giving or failure to give is the primary cause of the injury or damage. ARTICLE $ SUBCONTRACTORS .5.1 DEFINITION .5.1.1 A Subcontractor is a person or entity who has a di- rect contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referre~rt to throughout the Contract Documents as if singular in num- ber and masculine in gender and means a Subcontr~ctor or his authorized representative. The term Subcontr~tctor does not include any separate contractor or his subcon- tractors. S.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to per-. form any of the Work at the site. The term Sub-subcon- tractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Sub-subcontractor or an authorized re[oresenta- tire thereof. .5.2 AWARD OF SUBCONTRACTs AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise required by the Contract Docu- ments or the Bidding Documents, the Contractor, as :soon as practicable after the award of the Contract, shall fur- nish to the Owner and the Architect in writing the names of the persons or entities (including those who are to fur- nish materials or equipment fabricated to a special design) proposed for each of the principal portions 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 pi'oposed person or entity. Failure of the O~vner or Architect to reply prompdy shall constitute notice of no reasonable objection. .5.2.2 The. Contractor shall not contract with any such proposed person or entity to whom the Owner or' the Architect has made reasonable objection under the provi- sions of Subparagraph 5.2.1. The Contractor shall not be required to contract with anyone to whom he has a rea- sonable objection. 5.2.3 If the Owner or the Architect has reasonable objec- tion to any such proposed person or entity, the Contrac- tor shall submit a substitute to whom the Owner or the Architect has no reasonable obiection, and the Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; .however, no increase in the Contract Sum shall be allowed for any such substitu- tion unless the Contractor has. acted promptly and re- sponsively in submitting names as required by Subpara- graph 5.2.1. $.2.4 The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. .5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By an appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be per- formed by the Subcontractor, to be bound to the Con- tractor by the terms of the Contract Documents, and to as- sume toward the Contractor all the obligations and re- sponsibilities which the Contractor, by these Documents, assumes toward the Owner and the Architect. Said agree- ment shall preserve and protect the rights of the Owner and the Architect under the Contract Documents with re- spect to the Work to be performed by the Subcontractor so that the subcontracting thereof w. ili not prejudice such rights, and shall allow ,to the Subcontractor, unless specifi- cally provided otherwise in the Contractor-Subcontractor agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Docu- ments, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with his Sub-subcontractors. The Con- tractor shall make available to each proposed Subcon- tractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this Paragraph 5.3, and identify to the Subcontractor any terms and conditions of the proposed Subcontract which may be at variance with the Contract Documents. Each Subcontractor shall similarly make cop- ies of such Documents available to his Sub-subcontractors. ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform work re- lated to the Project with his own forces, and to award AIA DOCUMENT A201 ,, CENERAL CONDITIONS OF THE CONTP~CT FOR CONSTRUCTION * THIRTEENTH EDITION · AUGUST 1976 10 A201-1976 ^l^e · ~ 1976 · THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 separate contracts in ~'onnection with other portions of the Project or Other work on the site under these or similar Condilions of the Contract. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, he shall make such claim as pro- vided elsewhere in the Contract Documents. 6.1.2 When separate contracts are awarded for diff~rent portions of the Project or other work on the site, the term Contractor in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- Contractor Agreement. 6.1.3 The Owner will provide fcr the coordination of'the work of his own forces and of each separate contractor with .the Work of the Contractor, who shall cooperate therewilh as provided in Paragraph 6.2. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contraclors reasonable opportunity for the introduction and steerage of their materials and equipment and the executk~n of their work, and shall connect and coordinate his Work with theirs as required by the Contract Docu- ments. 6.2.2 If any part' of the Contractor's Wore depend:; for proper execution or results upon the work of the Owner or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Archi- tect any apparent discrepancies or defects in such other work Iha! render it unsuitable for such proper execution and resuhs. Failure of the Contractor so to report shall constitule an acceptance of the Owner's or separate con- tractors' work as fit and proper to receive his WorL ex- cept as I{~ defects which may subsequently become appar- rent in such work by others. 6.2.3 Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. 6.2.4 Shuuld the Contractor wrongfully c'a'use damage to the work or property of the Owner, or to other work on the site, the Contractor shall promptly remedy such al;am- age as.provided in Subparagraph '10.2..5. 6.2.5 Should the Contractor wrongfully cause damage to the work or property of any separate contractor, the Con- tractor shall upon due notice promptly attempt to settle with such other contractor by agreement, or otherwise to resolve Ihe dispute. If. such separate contractor sues or initiates an arbitration proceeding against the Owner on account r>f any damage alleged to have been caused by the Contractor, the Owner shall notify the Contractor who shall defend such proceedings at the Owner's ex~ pense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorneys' fees and court or arbitration costs which, the Owner has incurred. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises between the Contractor and sepa- rate conlractors as to their responsibility for cleaning up as required by Paragraph 4.15, the Owner may clean up and charge the cost thereof to the contractors responsible therefor as the Architect shall determine to be just. ARTICLE 7 7.1 MISCELLANEOUS PROVISIONS GOVERNING LAW 7.1.1 The Contract shall be governed by the law of the place where the Project is located. 7.2 SUCCESSORS AND ASSIGNS 7.2.1 The Owner and the Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in re- spect to all covenants, agreements and obligations con- tained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any mone.vs due or to become due to him hereunder, without ~the previous written consent of the Owner. 7.3 WRI'I'I'EN NOTICE 7.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity or to an officer of the corporation for whom it was intended, or if delivered at or sent by regis- tered or certified mail to the last business address known to him who gives the notice. 7.4 CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omis- sion Of the other party or of any of his employees, agents or others for whose acts he is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. 7.5 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 7.5.1 The Owner shall have the right to require the Con- tractor to furnish bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder if and as required in the Bidding Documents or in the Contract Documents. 7.6 RIGHTS AND REMEDIES 7.6.1 The duties and obligations imposed by the Contract Documents and the rights and remedies available there- under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise im- posed or available by law. 7.6.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · THIRTEENTH EDITION · AUGUST lg76 AIA~ · ~ 197& · THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1976 11 7.7 TESTS ' ' 7.7.1 If the Contract Documents, laws, ordinar{ces, ruiies, regulations or orders of any public authority having juris- diction require any portion of the Work to be inspected, tested or approved, the Contractor shall give the Architect timely notice of its readiness so the Architect may observe such inspection, testing or approval. The Contractor shall bear all costs of such inspections, tests or approvals con- ducted by public authorities. Unless otherwise provided, the Owner shall bear all costs of other inspections, tests or approvals. 7.7.2 If the Architect determines that any Work requires special inspection, testing, or approval which Subpara- graph 7.7.1 does not include, he will, upon written au- thorization from the Owner, instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as provided in Subparagraph 7.7.1. if such special inspection or testing reveals a failure of the Work to comply with the-requirements of the Con- tract Documents, the Contractor shall bear all costs there- of, including compensation for the Architect's additional services made necessary by such failure; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. 7.7.2 Required certificates of inspection, testing or ap- proval shall be secured by the Contractor and promptly delivered by him to the Architect. 7.7.4 If the Architect is to observe the inspections, te~sts or approvals required by the Contract Documents, he will do so promptly and, where practicable, at the source of supply. 7.8 INTERESI' 7.8.1 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 at the place of the Project. 7.9 ARBITRATION 7.9.1 All claims, disputes and other matters in question between the Contractor and the Owner arising out of, or relating to, the Contract Documents or the breach there- of, except as provided in Subparagraph 2.2.11 with spect to the Architect's decisions on matters relating artistic effect, and except for claims which have been waived by the making or acceptance of final payment .as provided by Subparagraphs 9.9.4 and 9.9.5, shall be de- cided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out.of or relating to the Contract Documents shall include, by consolida- tion, joinder or in any other manner, the Architect, his employees or consultants except by written consent con- raining a specific reference to the Owner-Contractor Agreement and signed by the Architect, the Owner, thee Contractor and any other person sought to be joined. No arbitration shall include bY consolidation, joinder or in any other manner, parties other than the Owner, the Contractor and any other persons substantially involved in a common question of fact or law, whose presence is required if complete relief is to be accorded in the arbi- tration. No person other than the Owner or Contractor shall be included as an original third party or additional third party to an arbitration whose interest or responsi- bility is insubstantial. Any consent to arbitration involving an additional person or persons shall not constitute con- sent to arbitration of any dispute not described therein or with any person not named or described therein. The foregoing agreement to arbitrate and any other agreement to arbitrate with an additional person or persons duly consented to by the parties to the Owner-Contractor Agreement shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7.9.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Owner-Contractor Agreement and with the American Arbitration Associa- tion, and a copy shaU be flied with the Architect. The demand for arbitration shall be made within the time limits specified in Subparagraph 2.2.12 where applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institu- tion of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 7.9.3 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any arbitration proceedings, and the Owner shall con- tinue to make payments to the Contractor in accordance with the Contract Documents. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, the Contract Time. is the period of time allotted in the Contract Documents for Substantial Completion of the Work as defined in Sub- paragraph 8.1.3, including authorized adjustments thereto. 8.1.2 The date of commencement of the Work is the date established in a notice to proceed. If there is no notice to proceed, it shall be the date of the Owner-Contractor Agreement or such other date as may be established therein. 8.1.3 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. 8.1.4 The term day as used in the Contract Documents shall mean calendar day unless otherwise specifically designated. 8.2 PROGRESS AND COMPLETION 8.2.1 All time limits stated in the Contract Documents are of the essence of the Contract. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * THIRTEENTH EDITION · AUGUST 1976 12 A201-1975 A~A® * © 1976 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1,35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8.2.2 The Contractor'~hall begin the Work on the date of commencement as defined in Subparagraph 8.1.:!. He shall carry the Work forward expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in the prog- ress of the Work by any act or neglect of the Owner or the Architect, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay Jn transportation, adverse weather c:ondi- tions not reasonably antidpatable, unavoidable casualties, or any causes beyond the Contractor's control, or by de- lay authorized by the Owner pending arbitration, or by any other cause which the Architect determines may justify the delay, then the Contract Time shall be ex- tended by Change Order for such reasonable time as the Architect may determine. 8.3.2 ^ny claim for extension of time shall be' made in writing to the Architect not more than twenty days after the commencement of the delay; otherwise it shall be waived. In the case of a continuing delay only one claim is necessary. The Contractor shall provide an estimate of the probable effect of such delay on the progress of the Work. 8.3.3 If no agreement is made stating the dates upon which interpretations as provided in Subparagraph 2.2.8 shall be furnished, then no claim for delay shall be al- lowed on account of failure to furnish such inter~oreta- tions until fifteen days after written request is made for them, and not then unless such claim is reasonable. 8.3.4 This Paragraph 8.3 does not exclude the recovery of damages for delay by either party under other provi- sions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 .CONTRACT SUM 9.1.1 The Contract Sum is stated in the Owner-Contractor Agreement and, including authorized adjustments thereto, is the total amount payable by the Owner to the Contrac- tor for the performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9,2.1 Before the first Application for Payment, the Con- tractor shall submit to the Architect a schedule of values allocated to the 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, un- less objected to by the Architect, shall be used only as a basis for the Contractor's Applications for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date for each 'progress payment established in the Owner-Contractor Agreement, the Contractor shall submit to the Architect an itemized Application for Payment, notarized if required, supported by such data substantiating the Contractor's right to pay, ment as the Owner or the Architect may require, and re- flecting· retainage, if any, as provided elsewhere in the Contract Documents. 9.3.2 Unless otherwise provided in the Contract Docu- ments, payments will be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site and, if approved in ad- vance by the Owner, payments may similarly be made for materials or equipment suitably stored at some other location agreed upon in writing. Payments for materials or equipment stored on or off the site shall be con- d,tioned upon submission by the Contractor of bills of sole or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equip- ment or otherwise protect the Owner's interest, including applicable insurance and transportation to the site for those materials and equipment stored off the site. 9.3-3 The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the Owner either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, herein- after.referred to in this Article 9 as "liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing Work at the site or furnishing materials and equipment for the Project, sub- ject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or other- wise imposed by the Contractor or such other person. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after the re- ceipt of the Contractor's Application for Payment, either issue a Certificate for Payment to the Owner, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor in writing his reasons for withholding a Certificate as pro- vided in Subparagraph 9.6.1. 9.4.2 The issuance of a Certificate for Payment will con- stitute a representation by the Architect to the Owner, based on his observations at the site as provided in Sub- paragraph 2.2.3 and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality Of the Work is in accord~ance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subse- quent tests required by or performed under the Contract Documents, to minor deviations from the Contract Docu- ments correctable prior to completion, and to any specific qualifications stated in his Certificate); and that the Con- tractor is entitled to payment in the amount certified. However, by issuing a Certificate for Payment, the Archi- tect shall not thereby be deemed to represent that he has made exhaustive or continuous on-site inspections to check the quality or quantity of the Work or that he has reviewed the construction means, methods, techniques, AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · THIRTEENTH EDITION · AUGUST 1~6 AIAe ,, ~ 1976 · THE AMERIC.~N INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1976 13 sequences or procedur, es, or that he has made any exam- ination to ascertain how or for what purpose the Contrac- tor has used the moneys previously paid on account of the Contract Sum. 9.5 PROGRESS PAYMENTS 9.5.1 After the Architect has issued a Certificate for Pay- ment, the Owner shall make payment in the manner and within the time provided in the Contract Documents. 9.5.2 The Contractor shall promptly pa), each Subcon- tractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subc:on- tractor is entitled, .reflecting the percentage actually re- tained, if any, from payments to the Contractor on ac- count 0f such Subcontractor's Work. The Contractor shall, by an appropriate agreement with each Subcontractor, re- quire each Subcontractor to make payments to his Sub- subcontractors in similar manner. 9.5.3 The Architect may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding the percentages of completion or the amounts applied for by the Contractor and the action taken there- on by the Architect on account of Work done by such Subcontractor. g..5.4 Neither the Owner nor the Architect shall have ~ny obligation to pay or to see to the payment of any moneys to any Subcontractor except as may otherwise be required by law. 9.S.5 No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or oc¢:u- panty of the Project by the Owner; shaU constitute an acceptance of any Work not in accordance with the Con- tract Documents. 9.$ PAYMENTS WITHHELD 9.6.1 The Architect may decline to certify payment and may withhold his Certificate in whole or in part, to the extent necessary reasonably to protect the Owner, if in his opinion he is unable to make representations to the Owner as provided in Subparagraph 9.4.2. If the Architect is unable to make representations to the Owner as pro- vided in Subparagraph 9.4.2 and to certify payment in the amount of the Application, he will notify the Contractor as provided in Subparagraph 9.4.'I. If the Contractor an, d the Architect cannot agree on a revised amount, the · Architect will promptly issue a Certificate for Payment for the amount for which he is able to make such rep- resentations to the Owner. The Architect may also decline to 'certify payment or, because of subsequently discov- ered ~vidence or subsequent observations, he may nullity the whole or any part of any Certificate for Payment previously issued, to such extent as may be necessary in his opinion to protect the Owner from loss because of: ..1 'defective work not remedied, · .2 third party claims filed or reasonable evidence indi- cating probable filing of such claims, .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment, .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum, .S damage to the Owder or another contractor, .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, or .7 'persistent failure to carry out the Work in accord- ance with the Contract Documents. 9.6.:2 When the above grounds in Subparagraph 9.6.'i are removed, payment shall be made for amounts withheld because of them. 9.7 FAILURE OF PAYMENT 9.7.'i 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 Pay- ment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents any amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and the Architect, stop the Work until payment of the amount .owing has been received. The Contract Sum shall be in- creased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be ef- fected by appropriate Change Order in accordance with Paragraph '12.3. 9.8 SUBSTANTIAL COMPLETION 9.8.'1 When the Contractor considers that the Work, or a designated portion thereof which is acceptable to the Owner, is substantially complete as defined in Subpara- graph 8.'1.3, the Contractor shail prepare for submission to the Architect a list of items to be completed or cor- rected. The failure to include an',/items on such iist does not alter the respons, ibiiity of the Contractor ~o complete ali Work in accordance with the Contract Documents. When the Architect on the basis of an inspection deter- mines that the Work or designated portion thereof is sub- stantially complete, he will then prepare a Certificate of Substantial Completion which shall .establish the Date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall com- plete the items listed therein. Warranties required by the Contract Documents shall commence on the Date of Sub- stantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for' their written acceptance of the responsi- bilities assigned to them in such Certificate. 9.8.2 Upon Substantial Completion of the Work or desig- . noted portion thereof and upon application by the. Con- tractor and certification by the Architect, the Owner shall make payment,, reflecting adjustment in retainage, if any, for such Work or portion thereof, as provided in the Con- tract Documents. 9.9 FINAL COMPLETION AND FINAL PAYMENT 9.9.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon re- ceipt of a final Application for Payment, the Architect will AIA DOCUMENT A201 · GENEIL~.L CONDITIONS OF THE CONTRACT FOR: CONSTRUCTION · THIRTEENTH EDITION ,, AUGUST 1976 14 A201-1976 AIAe · (D 1976 · THE AMERICAN INSTITUTF OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., ~,VASHINGTON, D.C. 20006 promptly make such 'i'nspection and, when he find'.s the Work acceptable under the Contract' Documents and the Contract fully performed, he will promptly issue a final Certificate for Payment stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the Work has been com- pleted in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor, and noted in said final Certificate, is due and payable. The Architect's final Certificate for Payment will constitute a further representation that the conditions precedent to the Contractor's being entitled to final payment as set forth in Subparagraph 9.9.2 have been fulfilled. 9'9.2 Neither the final payment nor the remaining re- tained 'percentage shall become due until the ConUactor submits to the Architect (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, (2) consent of surety, if any, to final payment and (3), if required by the Owner, other' data establishing payment or satisfaction of all such obliga- tions, such as receipts, releases and waivers of lien:i aris- ing out of the Contract, to the extent and in such form as may be designated by the Owner. If any Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify him against any such li,en. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all mon- eys that the latter may be compelled to pay in discharging such lien, including ail costs and reasonable attorneys' fees. 9.9.3 If, after Substantial Completion of the Work,. final completion thereof is materially delayed through no fault of the Contractor or by the issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the'Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due:for that portion of the Work fuIIy completed and accepted. If the remaining balance for Work not fully completed or cor- rected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in Paragraph 7.$, the written consent of the surety I:o the 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 the terms and conditions governing final payment, except that it shall not constitute a waiver of cia/ms. 9.9.4 The making of final payment shall constitute a waiver, of all claims by the Owner except those arising from: .1 unsettled liens, .2 faulty or defective Work appearing after Subslantial Completion, .3 failure of the Work to comply with the require- ments of the Contract Documents, or .4 terms of any special warranties required by the Contract Documents. 9.9..5 The acceptance of final payment shall constitute a waiver Of all claims by the Contractor except those previ- ously made in writing and identified by the Contractor as unsettled at the time of the final Application for Pay- ment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 sA,J~"rY PRECAUTIONS ANO PROGP, AMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and Supervising all safety precautions and programs in connection with the Work. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take all reasonable precau- tions for the safety of, and shall provide all_ reasonable protection to prevent damage, injury or loss to: .1 all employees on the Work and ali other persons who may be affected thereby; .2. all the Work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-subcontractors; and .3 other property at the site or adjacent there[o, in- c!uding 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 all notices and comply with ail applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as re-. quired by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, in- ciuding posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly; remedy all damage or loss (other than damage or loss insured under Para- graph 11.3) to any property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, any Subcontractor, any Sub-subcontractor, or anyone di- rectly or indirectly employed by any of them, or by any- one for whose acts any of them 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 the 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 ne§li~ence of the Contrac- tot. The foregoing obligations of the Contractor are in addition to his obligations under Paragraph 4.18. AIA DOCUMENT A201 · GENERAL CO,NOITIONS OF THE CONTRACT FOR CONSTRUCTION ,, THIRTEENTH EDITION · AUGUST 1976 AIA~ · ~'~ 1976 · THE .-~.%tERIC.~,'N INSTITUTE OF ARCHITECTS, 1735 NEW YORK .4.VENUE, N.W., WASHINGTON, D.C. :0006 A201-1976 15 10.2.6 The Contractor. shall designate a responsible mem- ber of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contrac- to(s superintendent unless otherwise designated by the Contractor in writing to the Owner and the ArchitecL 10.2.7 The Contractor shall not load or permit any p:~rt of the Work to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In any emergency affecting the safety of pe,'sons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Con- tractor on account of emergency work shall be deter- mined as provided in Article 12 for Changes in the Work. ARTICLE 11 INSURANCE 11.1 CONTRACTOR'S UABIUTY INSURANC~ 11.1.1 The Contractor shall purchase and maintain ~;uch insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone di- rectly or indirectly employed by any of them, or by ,any- one for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee bene- fit acts; .2 claims for damages because of bodily injury, oc- cupational sickness or disease, or death of his employees; .3 claims for damages because of bodily iniury, sick- ness or disease, or death of any person other than his employees; .4 claims for damages insured by usual personal jury liability coverage which are__ sustained (1) by any person as a result of an offense directly or in- directly related to the employment of such person by the Contractor, or (2) by any other person; .5 claims for damages, other than to the Work itt;elf, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and .6 claims for damages because of bodily injury or death of any person or property damage arising dut of the ownership, maintenance or use of any motor vehicle. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than any limits of liability specified in the Contract Documents, or required by law, whi.¢h- ever is greater. 11.1.3 The insurance required by Subparagraph 11.1.1 shall include contractual liability insurance applicable to the Contractor's obligations under Paragraph 4.18. 11.1.4 Certificates of Insurance acceptable t© the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain a provision that coverages afforded under the policies will not be can- celled until at least thirty days' prior written notice has been given to the Owner. 11.2 OWNER'S LIABILITY INSURANC~ 11.2.1 The Owner shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect him against claims which may arise from operations under the Contract. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall put-. chase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work and shall insure against the perils of fire and ex- tended coverage and shall include "all risk" insurance for physical loss or damage including, without duplication of coverage, theft, vandalism and malicious mischief. If the Owner does not intend to purchase such insurance for the full insurable value of the entire Work, he shall in- form the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of himself, his Subcontrac- tors and the Sub-subcontractors in the Work, and by ap- propriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by failure of the Owner to purchase or maintain such insurance and to so notify, the .Contractor, then the Owner shall bear all reasonable costs properly attributable thereto. If not cov- ered under the all risk insurance or otherwise provided in the Contract Documents, the Contractor shall effect and maintain similar property insurance on portions of the Work stored off the site or in transit when such por- tions of the Work are to be included in an Application for Payment under Subparagraph 9.3.2. 11.3.2 The Owner shall purchase and maintain such boiler and machinery insurance as may be required by the Con- tract Documents or by law. This insurance shall include the interests of the Owner, the Contractor, Subcontrac- tors and Sub-subcontractors in the Work. 11.3.3 Any loss insured under Subparagraph 11.3.1 is to be adjusted with the Owner and made payable to the Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause and of Subparagraph 11.3.8. The Con- tractor shall pay each Subcontractor a just share of any insurance moneys received by the Contractor, and by ap- propriate agreement, written where legally required for, validity, shall require each Subcontractor to make pay- ments to his Sub-subcontractors in similar manner. 11.3.4 The Owner sha'll file a copy of all policies with the Contractor before an exposure to loss may occur. 11.3.5 If the Contractor requests in writing that insurance for risks other than those described in Subparagraphs 11.3.1 and 11.3.2 or other special hazards be included in the property insurance policy, the Owner shall, if pos- sible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. AIA DOCUMENT A201 · GENERAL CONDITtONI~ OF THE CONTRACT FOR CONSTRUCTION · THIRTEENTH EDITION · AUGUST 1976 16 A201-1976 ^IA~ · ~ 1976 · THE A/~ER[CAN INSTITUTE OF ARCHITECTS, 1~5 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 11.3~6 The Owner and Contractor waive a~ll rights against (1) each other ~nd the Subcontractors, Sub-subcontractors, agents and employees, each of the other, and (2) the Architect and separate contractors, if any, and their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the e~tent covered by insurance obtained pursuant to this Paragraph 11.3 or any other property insurance applicable to the Work, except such rights as they may have to the pro- ceeds of such insurance held by the Owner as tnJstee. The foregoing waiver afforded the Architect, his agents and employees shall not extend to the liability imposed by Subparagraph 4.18.3. The Owner or the Contractor, as appropriate, shall require Of the Architect, separate con- tractors, Subcontractors and Sub-subcontractors by ap- propriate agreements, written where legally required for validity, similar waivers each in favor of all other parties enumerated in this Subparagraph 11.3.6. 11.3.7 If required in writing by any party in interest, the Owner as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of his duties. He shall deposit in a separate account any money :~o re- ceived, and he shall distribute it in accordance with such agreement as the parties in interest may reach, or in ac- cordance with an award b,v arbitration in which case the procedure shall be as provided in Paragraph 7.9. If after such loss no other special agreement is made, replace- ment of damaged work shall be covered by an app~ropri- ate Change Order. 11.3.8 The Owner as trustee shall have power to adjust and settle any loss with 'the insurers unless one ef the parties in interest shall object in writing within five days after the occurrence of loss to the Owner's exercise of this power, and if such obiection be made, arbitrators shall be chosen as provided in Paragraph 7.9. The Owner as. trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbitrators. If dis- tribution of the insurance proceeds by arbitration is re- quired, the arbitrators will direct such distribution. 11.3.9. If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Com- pletion thereof, such occupanc,/ or use shall not com- mence prior to a time mutually agreed to by the Owner and Contractor and to which the insurance company or companies providing the property insurance have con- sented by endorsement to the policy or oolicies. This in- surance shall not be cancelled or lapsed on account of such partial occupan~ or use. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 11.4 LOSS OF USE INSURANCI~ 11.4.1 The Owner, at his option, may purchase and main- rain such insurance as will insure him against loss c,f use of his property due to fire or other hazards, however caused. The Owner waives all rights of action again;it the Contractor for loss of use of his property, including con- sequential losses due to fire or other hazards however caused, to the extent covered' by insurance under this Paragraph 11.4. ARTICLE 12 CHANGES IN THE WORK · 12.1 CHANGE ORDERS 12.1.1 A Change'Order is a written order to the Contrac- tor signed by the Owner and the Architect, issued after execution of the Contract, authorizing a change in the Work or an adjustment in the Contract Sum or the Con- tract Time. The Contract Sum and the Contract Time may ~ be changed only by Change Order. A Change Order signed by the Contractor indicates his agreement, there- with, including the adjustment in the Contract Sum or the Contract Time. 12.1.2 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Docu- ments. 12.1.3 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following ways: .1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 by unit prices stated in the Contract Documents or subsequently agreed upon; .3 by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 by the method provided in Subparagraph 12.1.4. 12.1.4 If none of the methods set forth in CIauses 12.1.3.1, 12.1.3.2 or 12.1.3.3 is agreed upon, the Contrac- tor, provided he receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by the Architect on the basis of the reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Con- tract Sum, a reasonable allowance for overhead and profit. · In such case, and also under Clauses 12.1.3.3 and 12.1.3.4 above, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized account- ing together with appropriate supporting data for inclu- sion in a Change Order. Unless otherwise proyided in the Contract Documents, cost shall be limited to the fol- lowing: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits re- quired by agreement or custom; workers' or workmen's compensation insurance; bond premiums; rental value of equipment and machinery; and the additional costs of supervision and field office personnel directly attributable to the change. Pending final determination of cost to the Owner, payments on account shall be made on the Archi- tect's Certificate for Payment. The amount of credit to be allowed by the Contractor to the'Owner for any deletion AIA DOCUMENT AZgl ,, GF..NEP.~L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · THIRTEENTH EDITION ,. AUGUST 1976 AIA® · ~ 1976 * THE A,~.tERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON, O.C. 20006 A201-1976 17 or change which results in a net decrease in the Contract Sum will be .the amount of the actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change. 12.1.5 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities orig- inally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will cause substantial in- equity, to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted. ' 12.2: CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents, or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions'in an existing structure, of an unusual nature, differing materially from those ordi- narily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contract Sum shall be equitably ad- justed by Change Order upon claim by either party made within twenty days after the first observance ot: the conditions. 12.3 CLAIMS FOR ADDITIONAL COST 12.3.1 If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Architect written notice thereof within twenty days after the occur- rence of the event giving rise to such 'claim. This ~otice shall be given by the Contractor before proceedi~g to execute the Work, except in an emergency endan1~;ering life or property in which case the Contractor shall pro- ceed in accordance with Paragraph 10.3. No such claim shall be valid unless so made. If the Owner and the Con- tractor cannot agree on the amount of the adiustment in the Contract Sum, it shall be determined by the Architect. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order. 12.3.2 If the Contractor claims that additional cost is in- volved because of, but not limited to, (1) any written interpretation pursuant to Subparagraph 2.2.8, (2) any order by the Owner to stop the Work pursuant to Para- graph 3.3 where the Contractor was not at fault, (2;) any written order for a minor change in the Work issued pur- suant to Paragraph 12.4, or (4) failure of payment by the Owner pursuant to Paragraph 9.7, the Contractor shall make such claim as provided in Subparagraph '12.3..1. 12.4 MINOR CHANGES IN THE WORK 12.4.1 The Architect will have authority to order ~'ninor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Tim,~ and. not inconsistent with the intent of the Contract Docu- ments. Such changes shall be effected by written order, and shall be binding on .the Owner and the Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 13 UNCOVERING AND CORRECTION OF WORK' 13.1 UNCOVERING OF WORK 13.1.1 If any portion of the Work should be covered con- trary to the request of the Architect or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for his observation and shall be re.olaced at the Contractor's expense. 13.1.2 If any other portion of the Work has been covered which the Architect has 'not specifically requested to ob- serve prior to being covered, the Architect may request to see such Work and it shall be uncovered by the Con- tractor. If such Work be found in accordance with the Contract Documents, the cost of uncovering and replace- ment shall, by appropriate Change Order, be charged to the Owner. If such Work be found not in accordance with the Contract Documents, the Contractor shall pay such costs unless it be found that this condition was caused by the Owner or a separate contractor as provided in Article 6, in which event the Owner shall be responsible for the payment of such costs. 13.2 CORRECTION OF WORK 13.2.1 The Contractor shall promptly correct all Work rejected by the Architect as defective or as failing to con- form to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the Owner of desig- nated equipment or within such longer period of time-as may be prescribed by law or by the terms of any appli- cable special warranty required by the Contract Docu- ments, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condi- tion. This obligation shall su~ive termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all por- tions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.2, unless removal is waived by the Owner. 13.2.4 If the Contractor fails to correct defective or non- conforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the Owner may correct it in accordance with Paragraph 3.4. AIA DOCUMENT A201 · GENERAL CONOITIiONS OF THE CONTRACT FOR CONSTRUCTION · THIRTEENTH EDITION · AUGUST 1976 18 A201-1976 AIA~' · © 1976 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 13.2.5 If the Contractbr does not proceed with the cor- rection of such defective or non-conforming Work 'within a reasonable time fixed by written notice from the Archi- tect, the Owner may remove it and may store the mate- rials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of Such removal and storage within ten days thereafter, the Owne~r may upon ten additional days' written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensa- tion for the Architect's additional services made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 13.2.6 The Contractor shall bear the cost of making good all work of the Owner or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have unde~ the Contract Documents, including Paragraph 4.5 hereof. The establishment of the time period of one year after the Date of Substantial Completion or such longer period of time as may be prescribed by law or by. the terms of any warranty required by the Contract Docu- ments relates only to the specific obligation of the Con- 'tractor to correct the Work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be c:om- menced to establish the Contractor's liability with respect to his obligations other than specifically to correct the Work. 13.3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3..1 If the Owner prefers to accept defective-or non- conforming Work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect a reduction in the Contract l~um where appropriate and equitable. Such adjustment :;hall be effected whether or not final payment has been made. ARTICLE 'I4 TERMINATION OF THE CONTRACT '14.1 TERA41NATION BY THE CONTRACTOR 14.1.1 If the Work is stopped'for a period of thirty clays under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of., national emergency making materials unavailable, through no act or fault of the Contractor or a Subcontractor or their agents or employ- ees or any other persons performing any of the Work under a contract with the Contractor, or if the Work should be stopped for a period of thirty days by the Contractor because the Architect has not issued a Certifi- cate for Payment as provided in Paragraph 9.7 or because the Owner has not made payment thereon as provided in Paragraph 9.7, then the Contractor may, upon seven addi- tional · days' written notice to the Owner and the Archi- tect, terminate the Contract and recover from the Owner payment for all Work executed and for any proven Joss sustained upon any materials, equipment, tools, construc- tion equipment and machinery, including reasonable profit and damages. 14.2 TERMINAl'ION BY THE OWNER 14.2.1 If the Contractor is adjudged a bankrupt, or if he makes a general assignment for the benefit of his credi- tors, or if a receiver is appointed on account of his in- solvency, or if he persistently or repeatedly refuses or fails, except in cases for which extension of time is pro- vided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, upon certification by the Architect that sufl'icient cause exists to justify such action, may, without prejudice to any right or remedy and after giving the Contractor and his surety, if any, seven days' written notice, terminate the employment of the Contractor and take possession of the site and of all mate- rials, equipment, .tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method he may deem expedient. In such case the Contractor shall not be en- titled to receive any further payment until the Work is finished. 14.2.2 If the unpaid balance of the Contract Sum exceeds the costs of finishing the Work, including, compensation for the Architect's additional services made necessary thereby, such excess shall be paid to the Contractor. if such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or to the Owner, as the case may be, shall be certified by the Architect, upon application, in the manner provided in Paragraph 9.4, and this obliga- tion for payment shall survive the termination of the Contract. AIA DOCUMENT A2111 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ~' THIRTEENTH EDITION ,, AUGUST 1976 AIAe · © 1976 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1;'3S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1976 19 e 00800 SUPPLEMENT~.~Y CONDITIONS The "General Conditions of the Contract for Construction", AIA Document A201, 13th edition, April 1976, Articles 1 through 14 inclusive, is part of this Contract. The following supplements modify, delete from, and/or add to the General Conditions: Ail Articles, or portions thereof, which are not specifically modified, deleted, or superseded hereby, remain in full effect. Be The General Conditions also may be supplemented elsewhere in the Contract Documents by provisions located in, but not necessarily limited to, Division 1 of the Specifications. After subparagraph 1.1.4, add: 1.1.5 MISCE?.?a/TEOUS DEFINITIONS .1 The term."product" includes materials, systems, and equipment. .2 The term "provide" includes furnishing and installing a product, complete in place, tested 'and approved. .3 The term "building code," and the term "code," refer to regulations of governmental agencies having jurisdiction. .4 The terms "aPprOved," "required," and "as directed~ refer to and indicate the work or materials that may be approved, required, or directed by the Architect acting'as the agent of the Owner. .5 The term "similar" means in its general sense and not necessarily identical. .6 The terms "sho~," "indicated," "detailed;" "noted;." "sche~lled," and terms of similar import, refer to requirements contained in the Contract Documents. Subparagraph 3.2.5: Delete in its entirety and insert the following in lieu thereof: The Contractor will JOe furnished, free of charge, five copies of prints of !Drawings and Specifications, plus .01 SUPPLEMENT~kRY CONDITIONS 00800-1 the-prints described in Section 01720 of the Specifications. The Contractor may secure additional copies of prints of Drawings and Specifications from the Architect at th. Architect's usual charge for reproduction and handling. At the end of subparagraph. 4.7.1, add: The Owner, through the Architect, will submit Drawings and Specifications to the appropriate public authorities for approval. The Owner will pay all'fees for plan'checking. At the end of subparagraph 4.7.1,,add: 7.9.4 After appointment of the arbitrator or arbitrators, the parties to the arbitration shall have the right to take depositions and to obtain discovery regarding the subject matter of the arbitration and, to that end, to use and exercise all of the same rights, remedies, and procedures, and be subject to all of the same duties, liabilities, and obligations in the .. arbitration with respect to the subject matter thereof, as if the matter of ~e arbitration were pending in a civil action before a Superior Court of the State. After subparagraph 8.3.4, add: 8.3.5 In planning his construction schedule within the agreed Contract Time, it shall be assumed that the Contractor has anticipated the amount of adverse weather conditions no]~al to the site of the Work for the season or seasons of the year involved. Only those weather delays attributable to other than normal weather conditions wi].l be considered by the Architect. 8.3.6 When the Contract Time has been extended,' as provided under this Paragraph 8.3, such extension of time shall not be considered as justifying extra compensation to the Contractor for administrative costs or other such reasons. .At the end of subparagraph 9.3.1, add: The form of application for payment shall be AIA Document G702, "Application and Certificate for Payment," supported by' continuation sheet or sheets approved by the Architect. At the end of subparagraph 10.2.3, add: The Contractor shall secure and pay for such watchman services on the site as are required to protect the interests of the Owner in the Work. .01 SUPPLEMENTARY CONDITIONS 00800-2 .THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A707 Standard Form of Agreement Between' Owner and COntractor where the basis of'payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A207, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Hundred and BETWEEN the Owner: day of in the year of Nineteen and the Contractor: The Project: The Architect: The Owner and the Contractor agree ,as set forth below. Copyright 1915, 1918, 1925, 1937, 19S1, 19S&, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New York Avenue, N.~,V., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 · O~VNER-CONTR. ACTOR AGREEMENT * ELEVENTH EDITION · JUNE 1977 · AIA® ©1977 · THE AMERICAN INSTITUTE OF ARCHITECTS. 173'~ NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 I ARTICLE 1 " Tile CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 'I'ttE WORK The~ Contractor shall perform all the Work required by the Contract Documents for (Here inZert the capti°n descriptive ot We Work as used on odter Contact Oocumentz.) ARTICLE 3 TIME OF COMMI:NCEMFNT AND SUBSTANTIAL COMPLETION The Wor~( to be performed under this Contract shall be commenced and, subject to authorized adjustments, Substantial Completion shall be achieved not later than (Here insert any special provisions lot liquidated damages relating to failure to complete on time.) AIA OOCUMENT Alal " O~VNER-CONTRACTOR AGREEMENT · ELEVENTH EDITION · JUNE lCJ77 '" AIA~ ~D1977 * THE A,~ERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C_ 20006 A101-1977 2 ARTICl !: 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Chan§e Order as provided in the Con,tact Documents, the Contract Sum of The Contract Sum is determined as follows: (State here ~he base bid or oV~er lump sum amount, accepted ahernate~, and unit prir. e~o a~ app/ica~eJ .ARTICLE 5 PROGRESS PAYMENTS 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 pro- vided in the Contract Documents for the period ending the day of the month as follows: Not later than days following the end of the period covered by the Application for Payment percent ( %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and percent ( %) of the portion of the Contract Sum properly allocable to materials and equipment .,;uitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the enti~re Work, a sum sufficient to increase the total payments to percent ( %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (11 no~ covered elsewhere in the Contract Documents, here insert any provision lot limiting or reducJng the amount retained alter the Work reac~es a certain stage ot completion.) Payments due and Unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) Usury laws and recluirements 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 o/ business, the location ol the Proiect and elsewhere may affect the validity oi d~is provision. Specific legal advice should be obtained with respect Co deletion, modification, or other requiremenu such as written disclosures or waivers.) AIA DOCUMENT A101 · OWNER-CONTRACTOR AGREE;~EHT · ~LEVENTH EDITION · JUNE 1977 * AIA'~ ~)1977' · THE A,~tERICAN INSTITUTE OF ARr'tlITECTS, 173.5 ;,~EW ¥...)RK AVE., N.W., ~.'ASHINGTON, O. C. 20006 A101-1977 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2: The Contract Documents, which constitute the ,entire agreement between the Owner and the Contractor, are listed in Article '1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (L/~ below the Agreement. the Conditions of the Con,tact (Genera/, Su[Jplemefltaty, and other ConditionsL :he Drawing, :he Speed,cat/OhS, and any Addenda and accel~ted ~/ternazes. showing page or sheet numbers in a~l cases and dates where applicable.) This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR BY BY AIA DOCUMENT A101 · OWNER-CONTRACTOR AGREEMENT ', ELEVENTH EDITION" JUNE 1977 ,' AIA® ©1977 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 THE.AMERICAN INSTITUTE OF'ARCHITECTS AIA Documen£ A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that iHere insert full name and ~ddres$ or le~at utfe oi Contracto:Y as Principal, hereinafter called Contrac:or, and, ;Here insert full ~ame and address or !e~.~i ' 't ot Suret¥l' as Surety., hereinafter called Sure~, are held and firmly bound unto' as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.' WHEREAS, Contractor has by written a§reement dated (kiere insert full fl3me, address and descripc,ofl of project) 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here insert full name and address or I~gal title of ArchiteCt! which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. I~iOW, THEREFORE, THE CONOITION OF THIS OgLIC~TION it; such that, if Contr shall promptly and faithfully perform said Contract, then this obiigation shall be null and void; otherwise it shall remain in full force and effect. .The Surety hereby waives notice of any alteration or e~tension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall pr?mptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract acc~rdanc~ with ~ts terms and conditions, and up,~n de.- termination by Suret~ of the lowest responsible bidder, or. if the Owner elects, upon c~etermination by the: Owner and the Surety ,iointly of thee lowest responsible: bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance oi the contract price: but not e~ceedin$, including other costs and damages for which the Surety may be liable hereunder, the amount set forth .in the first paragraph hereof. The term "balance ot the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount property paid .~y Owner :o Contractor. A~¥ suit under th~s bond must be instituted before. the expiration of two (2) years from the date on which final payment unc~er :he Cuntract fails due. No right of act,on shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. Signed and sealed this day' of 19 ~ Princil~ail I Ttttc'~ t Writhe. s) fTith,l 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document Labor and Material Payment Bond THE FULL AHO FAITHFUL PEi~FORMAHCE. OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here ~nser! full name and aa[dress ar as Principal, hereinafter called Principal, and, as Surety., hereinafter called Surety, are held and firmly bound unto as Obii§ee. here.na."ter called Owner, for the u~..e and benefit of claimants as hereinbetow' defined, in the amount of (Here inse~t a sum e~ual tO at le~s[ one-h&l~ of ,he contr~c~ i~rice) Dollars ($ ). for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agr~eement dated (Here insert full name, address and descrigdon of projecU 19 , entered int° a contract with'Owner for in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. LAB( AND MATERIAL NOW, THEREFORE, .THE CONOITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter de(ined, for all labor and material used or reasonably required for use in the performance of the Contract, then this .obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly app!icable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that evers claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such ctaimands work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond fi:~r the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be iustly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any cla.'mant; a) Unless claimant, other than one having a direct contract with the Prinopal, shall have given written notice to any two of the following; the Principal, the Owner, or the Sure~,y above named, within ninety (901 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety., at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1} year following the date on which Principal ceased Work on said Contract, it being understood, however, that ;f any limitation em- bodied in this bond is prohibited by any law controllin$ the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in ahd for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is .sit- uated, and not else~.-here. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the pavmen[ bv Surety, of mechan,cs' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of 19 (Principal] {Title) ($uruty) tTid~'l · - GUAR~FfEE Project Name NIAGARA CAR WASH For a valuable consideration, the receipt of which is'hereby acknowledged, we guarantee that the materials and labor which we have supplied and/or furnished and/or constructed and/or installed and/or performed at the Project site - 218 South "H" Streetf Bakersfieldf California to be in accordance with Specifications and Plans for said construction project prepared by Renfro-Russell and Associates Inc. conforms to the specific requirements, performances, and capacities set forth in all of the contract documents, Plans and Specifications for said project and will fulfill the requirements of the guarantee included in the said Specifications, Plans and contract documents. We further guarantee the same to be free from imperfect workman- ship and/or materials and, we agree to repair and/or replace at our own cost and expense any and[ all such work and/or materials which may prove defective in workmanship or materials within period of one year from date of acceptance of the above named construction project by the Owner, ordinary wear and tear, unusual abuse or neglect excepted. We also agree to repair and/or replace at our own cost and expense any work and/or materials that we may disturb oz' displace in making good such defects. Within twenty-four (24) hours after being notified in writing by the Owner of any defects in said. work or materials we agree to commence and prosecute with due diligence all work necessary to fulfill the terms of this guaran~tee and to complete the work within a reasonable period of time and in the event of our fail- ure to so comply we collectively' and expressly do hereby author- ize the Owner to proceed to have such work done at our expense and 'we will honor and pay the cost and charges.therefore upon de- mand. This guarantee is made expressly for and runs to the benefit of the Owner and shall be enforceable by the Owner. DATED Contractor Signature Typed Name and Title 1 SECTION' 01010 SPECIAL INSTRUCTIONS PART I - GENERAL 1.1 SUMMARY OF THE WORK The work of this contract is titled "Niagara Car Wash" and includes but is not limited to preparatory demolition, site work and new constz~ction of components, finishes, plumbing, HVAC and electrical systems to complete the Work as described on the Drawings and in the Project Manual. Bo Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions,. and SectiOns in Division i of these Specifications. 1.2 COORDINATION ............ Due 'to the-sPecial requi]:ements of certain phases of the' work all bidders are cautioned to review all the contract documents to ensure inclusion of all labor and materials required to provide a coIaplete and operable facility. 1.3 CERTIFICATE OF CONSTRUCTION COMPLIANCE ae The non-residential energy regulations for the State of California require that a Certificate of Construction Compliance be submitted to the Building Department at the time request is made for final inspection. The General Contractor shall prepare, sign and submit the required Certificate indicating that the completed work appears in every material respect to be in compliance with the ap- proved plans and specifications for which the Building Permit was issued. 1.4 EXAMINATION OF PLANS, SPECIFICATIONS AND SPECIAL PROVIS- IONS ae Be The Bidder shall examine carefully the Bid Proposal, Plans, Specifications and Contract Forms. It is intend- ed that all the Contract Documents should agree, eaCh with the other, but should any discrepancy or error oc- cur, the Contractor shall notify the Architect at once so that the discrepancy or error may be rectified for all Bidders by the issuance of an Addendum or Bulletin. It will be assumed that the Bidder has investigated and is satisfied as to the character, quality and quantities of work to be performed and materials to be furnished, and as to all the stipulations and requirements of the Contract. .01 SPECIAL INSTRUCTIONS 01010-1 1.5 A. 1.6 A. 1.7 A. 1.8 A. 1.9 A. The Contractor shall diligently investigate existing con- ditions to ascertain work required and include all nec- essary labor and materials in his bid. He shall exercise every precaution to protect adjacent areas against dust, dirt, water, trash, interruptions, etc.. EXAMINATION OF SITE The Bidder shall carefully examine the site of the con- templated work prior to submitting a bid proposal and shall have satisfied himse].f as to the existing condi- tions and the conditions under which he will be obliged _to operate, or that will in any manner affect the work under the Contract. No allowance will be made subse- quently in this connection., PERMITS.AND ASSESSMENTS. The Owner has paid the plan check fee for this project. The Contractor shall obtain and pay for all building permits and assessments required for the complete execu- tion of the work. The Contractor shall be responsible for determining the necessity for said permits and assessments. UTILITY FEES The Contractor shall include in his bid amount the sum of $10,000.00 to cover the cost of public utility fees for this project. The Contractor shall keep an accurate accounting of all costs and refund any unused portion of the above amount to the O~er. Iht he event that the Costs for public utility fees are in excess of the allowance, the Contractor shall submit an itemized list of costs for each utility and shall be reimbursed that amount by the ITEMS NOT IN CONTRACT Equipment and items indicated as not being included in the Contract shall be verified with the Owner's Representative as to size, shape, and utility service requirements to ensure complete and proper facilities to receive same., MANUFACTURER'S DIRECTIONS All manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, conditioned, as directed by the manufacturers unless herein specified to the cc~ntrary and only then if such confliction is first verified with the Architect in writ- ing. .01 SPECIAL INSTRUCTIONS 01010-2 1.10 A. Ce TRADE SECTIONS The terms and conditions of such limitations are wholly between the Contractor and his Subcontractors. It shall be his responsibility to see that all Subcontractors and/or material suppliers examine all contract documents to determine the extent of their work. Neither the Owner norArchitect will be responsible for Contractor's omis- sion of material and/or labor required by the Contract Documents or reasonably inferred therein. In the event material and/or labor specified under a trade section shall be in contradiction of jurisdiction agreements, it shall be the responsibility of the Con- tractor, under whose section the work and/or material has been specified, to inform the General Contractor of such a conflict. The General Contractor shall, in turn, delegate the subject work to the proper trade for bid- ding. Future claims for reimbursement due to juris- diction conflict will not: be recognized by either the Owner or the Architect. Any conflicts which may arise between the trades in re- gard to the extent of their respective works shall be adjusted by the Contractor. END OF SECTION .01 SPECIAL INSTRUCTIONS 01010-3 SECTION 01045 CUTTING ~{D PATCHING PART i - GENERAL 1.1 DESCRIPTION ao Work included: This Section establishes general requirements pertaining to cutting (including excavating), fitting, and patching of the Work required to: 1. 2. e Make the several parts fit properly; Uncover work to provide for installing, inspecting, or both, of ill-timed work; Remove and replace work not conforming to requirements of the Contract Documents; and Remove and replace defective work. _. Related work: . ~ .... ..'~.' 1. Documents affecting work of this section include, but are not nece:ssarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. In addition to other requirements specified, upon the Architect's i~equest uncover work to provide for inspection by the Architect of covered work, and remove samples of installed materials for testing. Do not cut or alter work performed under separate contracts without the Architect's written permission. 1.2 QUALITY ASSURANCE ae Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are c=mpletely familiar with the .specified requirements and the methods needed for proper performance of the work of this Section· SUBMITTALS ae Request for Architect's consent: 1. Prior to cutting which effects structural safety, submit written request to the Architect for permission to proceed with cutting. 2. Should conditions of the Work, or schedule, indicate a required change of materials or methods for cutting and patching, so notify the Architect and secure his written permission and the required Change Order prior to proceeding. · 01 CUTTING AND PATCHING 01045-1 Be Notices to the Architect: 1. Prior to cutting and patChing performed pursuant to the Architect's instructions, submit cost estimate to the Architect. Secure the Architect's approval of cost estimates and type of reimbursement before proceeding with cutting 'and patching. 2. Submit written notice to the Architect designating the time the Work will be uncovered, to provide for the Architect's observation. PART 2 - PRODUCTS 2.1 MATERI~.~ A® For replacement of items removed, Complying with pertinent. Sections Specifications. use materials of these 2.2 PAYMENT FOR COSTS The Owner will reimburse the Contractor for cutting and patching performed pursuant to the written Change Order, after claim for such reimbursement is submitted by .the Contractor. Perform other cutting and patching needed to comply with the Contract Documents at no additional cost to the ¢~ner. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS Be Inspection: 1. Inspect existing conditions, including elements ~ subject to movement: or damage during cutting, excavating, patching, and backfilling. 2. After uncovering the work, inspect conditions affecting installation of new .work. Discrepancies: 1. If uncovered conditions are not as anticipated, immediately notify the Architect and secure needed directions. 2. Do not 'proceed until unsatisfactory conditions are corrected. 3.2 PREPARATION PRIOR TO CU~ING Provide required protection including, but not necessarily limited to, shoring, bracing, and support to maintain structural integrity of the Work. .01 CUTTING AND PATCHING 01045-2 3.3 Ae PERFORMANCE Perform required excavating andbackfilling as required under pertinent other Sections of these Specifications. 1. Perform cutting and demolition by methods which will prevent damage to other portions of the Work and provide proper surfaces to receive installationof repair and new work. 2. Perform fitting ~d adjusting of products to provide finished installation complying with the specified tolerances and finishes. END OF SECTION .01 CUTTING AND PATCHING 01045-3 SECTION 01153 PART i - 1.1 A. 1o2 A. CHANGE ORD]~R PROCEDURE GENERAL DESCRIPTION Work included: Make such changes in the Work, in the Contract Sum, in the Contract Time of Completion, or any combination thereof, as are described in written Change Orders signed ]~y the Owner and the Architect and issued after execution of the Contract, in accordance with the provisions of this Section. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Condi- tions, Supplementary Conditions, and Sections in Division i of these Specifications. 2. Changes in the Work are described further in Article 12 of the General Conditions. 3. Architect's Field Orders: a. From time to time during progress of the Work the Architect may issue and "Architect's Field Order" which interprets the Contract Documents or orders minor changes in the Work' without change in Contract Sum or Contract Time. b. Should the Contractor consider that a change in Contract Sum or Contract Time is required, he shall submit an itemized proposal to the Architect immediately and before proceeding with theWork. If the .proposal is found to be satisfa~=tory and in proper order, the Field Order in that event will be superseded by a Change Order. 4. Proposal Requests: a. From time to time during progress of the Work the Archit,mct may issue a "Proposal Request" for an itemized quotation for changes in the Contract S~mm and/or Contract Time incidental to proposed modifications to the Contract Documents. b. This will not be a Change Order, and will not be a direction to proceed with the changes described t]~erein. QUALITY ASSURANCE Include within the Contractor's quality assurance program such measures as are needed to assure familiarity of the Contractor's staff and employees with these procedures for processing Change Order data. .02 CHANGE.ORDER PROCEDURE 01153-1 1.3 1.4 1.5 Ae Be Ae Ae Ce SUBMITTALS Make submittals directly to the Architect address shown on the Project Directory in the Manual. at the Project Submit the n,,mher of copies called for under the various items listed in thiSSection. PRODUCT HANDLING Maintain a "Register of Proposal Requests, Field Orders, and Change Orders" at the job site, accurately reflecting current status of all pertinent data. Make the Register available to the Architect for review at his request. PROCESSING CHANGES INITIATED BY THE OWNER Should the Owner contemplate makeing a change in the Work or change in the Contract Time of Completion, the Architect will issue a "Proposal Request" or "Field Order" to the Contractor. If the Contractor has been directed by the Architect to make the described change in the Work at no change in the Contract Time Completion, but the Contractor wishes to make a claim for one or both of such changes, the Contractor shall proceed with the change and shall notify the Architect as provided for under Paragraph 12.3 of the General Conditions. If the Contractor has be,mn directed by the Arhcitect to make the described change subject to later determina- tion of' cost or credit in accordance with Paragraph 12.1 of General Conditions, the Contractor shall: 1. Take such measures as needed to make the change; 2. Consult with the Architect and reach agreement on the most appropriate method for determining credit '" or cost for the change.'.~ ~' If the Contractor has been directed by the Architect to promptly advise him as 'to credit or cost proposed for the described change, the Contractor shall: 1. Analyze the described change and its impact on costs and time; 2. Secure the required information and forward it to the Architect for review; 3. Meet with the Arc]aitect as required to explain costs and, when' appropriate, determine other acceptable ways to achieve the desired objective; 4.' Alert pertinent personnel and subcontractors as to the impending change and, to the maximum extent possible, avoid such work as would increase the · 02 ~ CHANGE ORDER PROCEDURE 01153-2 1.6 1.7 1o8 .02 Ae' Ae Ae ..'Owner's cost for making the change, advising the Arhcitect in writing when such avoidance no longer is practicable.. PROCESSING CHANGES INIiTIATED BY THE CONTRACTOR Should the Contractor discover a discrepancy among the Contract Documents, a concealed condition as described in Paragraph 12.2 of the General Conditions, or other cause for suggesting a change in the Work, and change in the Contract Sum, or a change in the Contract Time of Completion, he shall notify the Architect as re- quired by pertinent provisions of the Contract Documents. Upon agreement by' the Architect that there is reasonable cause to ¢:onsider the Contractor's proposed change, the Architect: will issue a Proposal Request in accordance with the provisions described in subparagraph 1.1-B-5 ~ove. PROCESSING PROPOSAL PJ:QUESTS Make 'written reply to the Architect in response to each Proposal Request. 1. State proposed change in the Contract Sum, if any. 2. State proposed change in the Contract Time of Completion, if az~. 3. Clearly describ~ other changes in the Work, if any, required by the proposed change or desirable therewith. 4. Include full bac]~p data such as subcontractor's letter of proposal or similar information. 5. Submit this response in single copy. When cost or credit for the change has been agreed upon by the Owner and ~e Contractor, or the Owner has directed that cos~: or credit be determined in accordance with provisions of Paragraph 12.1 of the General Conditions, ~:he Architect will issue a "Change Order" to the Contract:or. PROCESSING CHANGE ORD]~RS Change Orders will be dated and will be numbered in sequence. The Change Order will describe the change or changes, will refer to the Proposal Requests or Field Orders involved, and will JOe signed by the Owner and the Architect. The Architect will i:ssue four copies of each Change Order to the Contractor. 1. The Contractor promptly shall sign all four copies and return three copies to the Architect. CHANGE ORDER PROCEDURE 01153-3 De The Architect will retain one signed copy in his file, will forward one signed copy to the Owner, and will forward one signed copy to the Lender. Should the Contractor disagree with the stipulated change in Contract Sum or change in the Contract Time of Completion, or both: 1. The'Contractor promptly shall return three copies of the Change Order, unsigned by him, to the Architect with a letter signed by the Contractor's disagreement. 2. The Contractor's disagreement with the Change Order shall not in any way relieve the Contractor of his responsibility to proceed with the change as ordered and to seek settlement of the dispute under pertinent provisions of the Contract Docu- ments. END OF SECTION .02 CHANGE ORDER PROCEDURE 01153-4 SECTION 01340 SUBMITTALS AND SUBSTITUTIONS PART i - GENERAL 1.1 DESCRIPTION ao Work included: Make submittals required by the Contract Documents, and revise and resubmit as necessary to establish compliance with the specified requirements. Related work: 1. Documents affecting work of this Section include, ~but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division i of '~hese Specifications. Individual requir,:_ments for submittals also may be described in pertinent Sections of these Specifications. Ce Work not included: 1. Submittals not required will not be reviewed by the Architect. 2. The Contractor may require his subcontractors to provide drawings, setting diagrams, and similar information to help coordinate the Work, but such data shall remain between the Contractor and his subcontractors and will not be reviewed by the Architect. 1.2 QUALITY ASSURANCE Coordination of submittals: 1. Prior to each submittal, carefully review and coordinate all aspects of each item being submitted. 2. Verify that each JLtem and the submittal for it conform in all respects with the specified requirements. 3. By affixing the Contractor's signature to each submittal, certify that this coordination has been performed. Substitutions: 1. The Contract is based on. the standards of quality established in the Contract Documents. Substitutions will be considered only when listed at time of bidding, on the form provided therefore in the bidding do¢.~ments, and when substantiated by the Contractor's submittal of required data within 35 calendar days after award of the Contract. · 01 SUBMITTALS AND SUBSTITUTIONS 01340-1 1.3 The following products do not require further approval except for interface within the Work: a. Products specified by reference to standard specifications such as ASTM and similar standards. b. Products specified by manufacturer's name and catalog model number. ~ Do not substitute materials, equipment, or methods unless such substitution has been specifically approved in writing for this Work by the Architect. "Or equal": 1. Where the phrase "or equal," or "or. equal as approved by the Architect," occurs in the Contract Documents, do not assume that the materials, equipment, or methods will be approved as equal unless the item has been specifically so approved for this Work by the Architect· 2. The decision of the Architect shall be final· SUBMITTALS Make submittals of Shop Drawings, Samples, substitution requests, and other items in accordance with the provisions of this Section. PART 2 - PRODUCTS 2.1 SHOP DRAWINGS Be Scale and measurements: Make Shop Drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the Work. - ...... ' ........... ~ Types of prints required[: ~ 1. Submit Shop Drawings in the form of one sepia transparency of ea¢~ sheet plus three blueline or blackline prints of each sheet. 2. Blueprints will not be acceptable. ~ Review comments of the ~=chitect will be shown on the sepia transparency when it is returned to the Contractor. The Contractor. may make and distribute such copies as are required for his purposes. 2.2 MANUFACTURERS' LITERATU~ Where contents of submitted literature from manufacturers includes data'not pertinent to the submittal, clearly show which portions of the contents is being submitted for review. .01 SUBMITTALS AND SUBSTITUTIONS 01340-2 Be Submit six copies whJ.ch are required to be returned, ..plus one .copy which will be retained by the Architect. 2.3 SAMPLRS ae Provide Sample or Samples identical to the precise article proposed to be provided. Identify as described under "Identification of submittals" below. Be Number of, Samples req~lired: 1. Unless otherwise specified, submit Samples in the quantity which is required to be returned, plus one which will be retained by the Architect. 2. By prearrangement in specific cases, a single Sample may be sut;mitted for review and, when approved, be installed in the Work at a location agreed upon by ~e Architect. 2.4 COLORS AND PATTERNS Finish colors of mate~:ials, equipment and products are on record in the office of the Archtect. Drawings and herein. Submit accurate color and pattern charts to Architect for approval. PART 3 - EXECUTION 3.1 IDENTIFICATION OF SUBMITTALS A® Consecutively number all submittals. 1. When material is resubmitted for any reason, transmit under a new letter of transmittal and with a new transmittal number. 2. On resubmittals, cite the original submittal number for reference. Be Accompany each submittal with a letter of transmittal showing all information required for identification and checking. On at least the first page of each submittal, and elsewhere as required for positive identification, show the submittal number in which the item was included. Maintain'an accurate submittal log for the duration of the Work, showing current status of all submittals at all times. Make the submittal log available to the Architect'for his rew[ewupon request. 3.2 GROUPING OF SUBMITTA~ Unless otherwise specified, make submittals in groups containing all associated items to assure that information is available for checking each item when it is received. .01 SUBMITTALS AN]) SUBSTITUTIONS 01340-3 3.3 A® Be 3.4 A. Be Ce Partial submittals may be rejected as not complying with the provisions of the Contract. The Contractor may be held liable for delays so occassioned. TIMING OF SUBMITTALS Make submittals far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and resubmittals, and for placing orders and securing delivery. In scheduling, allow at least ten working days for review by the Architect following his receipt of the submittal ARCHITECT' S REVIEW Review by the Architect does not relieve the Contractor' from responsibility for errors which may exist in the submitted data. Revisions: 1. Make revisions required'by the Architect. 2. If the Contractor considers any required revision to be a change, he :shall so notify the Architect as provided for in 'the General Conditions. 3. Make only those revisions directed or approved by the Architect. Reimbursement of Architect's costs:. 1. In the event substitutions are proposed to the Architect after the Contract has been awarded, the Architect will record all time used by him and? by his consultants in evaluation of each such proposed substitution. · ............. Whether or not the Architect approves a proposed substitution, the Contractor promptly upon receipt of the Architect's billing shall reimburse the Architect at the ra~=e of two and one-half times the direct cost to the Architect and his ~ consultants for all time spent by them in evaluating the proposed substitution. END OF SE¢.~ION .01 SUBMITTALS AND SUBSTITUTIONS 01340-4 SECTION 01410 TESTING LABORATORY SERVICES PART i - GENERAL 1.1 DESCRIPTION Ae Work included: Testing and inspecting, complete, as described in this Section and elsewhere in the Contract Documents. 1.2 Be Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2 .... Requirements for testing may.be described in various Sections of these Specifications. QUALITY ASSURANCE Ae Upon completion of each test and/or inspection, the testing laboratory shall promptly distribute copies of test or inspection reports to the Architect, to govern- mental agencies requiring submission of such reports, and to such other persons as directed by the Architect. PART 2 - PRODUCTS 2.1 PAYMENT FOR TESTING Ae Owner has contracted with a testing laboratory to provide all testing and inspecting required under this Section of these Specifications, and to cover all testing and inspecting required by governmental agencies having jurisdiction. Be The Owner will pay for all testing and inspecting specifically requested by the Architect over and above those described in Paragraph 2.1-A above. Ce When'initial tests re~lested by the Architect indicate non-compliance with the Contract Documents, costs of initial tests associated with that non-compliance will be deducted by the Owner from the Contract Sum, and subsequent ret.sting occasioned by the non-compliance shall be performed by the same testing laboratory and the costs thereof shall be paid by the Contractor. · 02 TESTING LABOr%TORY SERVICES 01410-1 2.2 Be SPECIFIC TESTS AND INSPECTIONS The testing laborato~ shall provide all tests and inspections 'required by governmental agencies having jurisdiction, required by provisions of the Contract Documents, and such other tests and inspections as are directed by the Architect. Tests include, but are not necessarily limited to, those described in detail in Part 3 of this Section. PART 3 3.1 A. 3.2 A. 3.3 A. B® TAKING SPECIMENS Except as may be specifically otherwise approved by the Architect, the testing laboratory shall' secure and handle all samples and specimens for. testing. COOPERATION WITH TESTING LABORATORY Contractor times and progress. to enable properly. shall provide access to the Work at all at all locations where the Work is in Facilities for such access shall be provided the laboratory to perform its functions The testing laboratory shall make and distribute necessary reports and certificates. SOIL INSPECTING AND TESTING The testing laboratory shall make required inspections and tests including, but not necessarily limited to: 1.- Visually inspect on-site and imported fill and backfill, making such tests and retests as are necessary to determine compliance with the Con-' tract requirements and suitability for the pro- posed purpose; 2.' Make field density tests on samples form in-place material as require~; 3. As pertinent, inspect and test the scarifying and recompacting of cleaned' subgrade; inspect the progress of excavating, filling~ and grading; make 90% density" tests at fills and backfills; and verify compliance with provisions of the Contract jurisdiction. Make and distribute necessary reports and certificates. · 02 TESTING LABORATORY SERVICES 01410-2 3.4 cONCRETE INSPECTING A~D TESTING Be Portland cement: 1. The testing lat~oratory shall secure from the cement manufacturer Certificates of Compliance delivered direct:ly to the concrete producer. The testing laboratory shall require the Certificates of Compliance to positively identify the cement as to production lot, bin or silo number, dating and routing of shipment, and com- pliance with the.specified standards. If so required by the Architect, ~romptly provide such other specific physical and chemical data as requested. Aggregate: 1. The testing laboratory shall provide one test unless character of material changes, material is substituted, or additional test is requested by the Architect. The laboratory shall sample from conveyor belts or hatching gates at the ready-mix plant: a. Sieve analy~is to determine compliance with specified standards and grading~ b. Specific gravity test for compliance with specified standards. . Laboratory design mix: 1. After approval of aggregate, and whenever character or source of materials is changed, the laboratory shall provide mix design in accordance with ACI 613. The laboratory shall provide designs for all mixes prepared by a licensed civil engineer. Molded concrete cylin~lers: 1. The laboratory shall provide three test cylinders for each 150 cu yds, or fraction thereof, of' each class of concrete of each day's placement· 2. The laboratory s~hall test one cylinder at seven days, one at 28 ~lays, and one when so directed. 3. The laboratory shall report the mix, slump,-gage, location of concrete in the structure, and test results· 4. The laboratory shall take specimens and make tests in accordance with the applicable ASTM standard specifications.. Core tests: 1. The laboratory shall provide only when specifically so directed by the Architect because of low cylinder test results. .02 TESTING LABORATORY SERVICES 01410-3 3.5 3.6 Ce The laboratory shall cut from locations directed by the Architect, securing in accordance with ASTM C42, and prepare and test in accordance with ASTM C39. Placement inspections: 1. On concrete, where noted on the Drawings, the laboratory shall provide continuous or other in- spection as required by governmental agencies having jurisdiction. Throughout progress of concrete placement, the laboratory shall make slump tests to 'verify conformance with specified slump. Using all required personnel and equipment, throughout progress of concrete placement the laboratory shall verify that finished concrete surfaces will have the level or slope that is required by the Contract Documents. CONCRETE REINFORCEMENT INSPECTING AND TESTING Prior to use, the laboratory shall test all reinforce- ment steel bars for compliance with the specified standards. 1. Material identified by mill test reports, and certified by the testing laboratory, does not require additional testing. The supplier shall be' required to furnish mill test reports to the test- ing laboratory for certification. 2. The laboratory shall tag identified steel at the supplier's shop. When steel arrives at the job site without such tags, the laboratory shall test it as unidentified steel. Unidentified steel: 1. The testing laboratory shall select samples consisting of two ]~ieces, each 18" long, of each size. 2. The testing laboratory shall make one tensile test and one bend test for each 2-1/2 tons or fraction thereof of each size of unidentified steel. Should welding be requi:red for reinforcement steel, the testing laboratory shall provide special inspection by a qualified inspector. STRUCTURAL STEEL INSPECTING AND TESTING Prior to use, the testing laboratory shall test all structural steel for compliance with the specified standards. 1. Material identified by mill test reports, and certified by the t,msting laboratory, does not require additional testing. The supplier, shall be .02 TESTING LABORATORY SERVICES 01410-4 3.7 Do A® Ce required to furnish mill test reports to the laboratory for c~rtification. The testing laboratory shall tag identified steel at the supplier'~ shop. When steel arrives at the job site without: such tags, the laboratory shall test it as unidentified steel. Unidentified steel: 1. The testing laboratory shall make one tensile test and one bend test for each five tons or fraction thereof of each shape and size of unidentified structural steel.. Shop welding: '1. The testing laboratory shall provide a qualified testing laborato~.~] inspector. On single pass welds, the laboratory shall inspect after completion of welding and prior to painting. On multiple pass welds, and on butt welds with cover pass on the back side, the laboratory shall provide continuous inspection· Field welding: The t=esting laboratory shall provide special inspection ]~y a qualified testing laboratory inspector per UBC 305. ROOFING AND WATERPROO~ING INSPECTING AND TESTING Prior to start of me~0rane waterproofing and membrane roofing installation, the Contractor shall conduct a job site meeting attended by representatives of the installing subcontractors, the Contractor's field superintendent, the 'testing laboratory inspector, and the Architect, to agree upon procedures.to be followed· Prior to start of installation, the Contractor shall verify that materials at the job site comply with the specified standards, that the subcontractor is qualified to the extent specified, and that the installing personnel are fully informed, as to procedures to be followed. During installation, the Contractor shall verify that materials are installed in strict accordance with the \, manufacturers' recommendations as approved by the Architect. When so directed by the Architect, make test cuts to verify conformance with the specified requirements. .02 TESTING LABORATORY SERVICES 01410-5 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART I - GENERAL 1.1 DESCRIPTION Ae Work included: Provide temporary facilities and controls needed for th,m Work including, but not necessarily limited to: 1. Temporary utilities such as heat, water, electricity, and telephone; 2. Field office for the Contractor's personnel; 3. Sanitary facilities; 4. Enclosures such~as tarpaulins, barricades, and canopies; 5. Temporary fencing' of the construction site; 6. Project sign. Related work: 1. Documents affecting work of this Section include, but are not nece~Isarily limited to, General .Conditions, Supplementary Conditions, and Sections in Division i of these Specifications. Except that equipment furnished by subcontractors shall comply with requirements of pertinent safety regulations, such equipment normally furnished by the individual trades in execution of their own portions of the Work are not part of this Section. Permanent installation and hookup of the various utility lines are described in other Sections. 1.2 PRODUCT HANDLING Ae Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. PART 2 - PRODUCTS 2.1 UTILITIES Water: 1. Provide necessary temporary piping and water supply and, upon completion of the Work, remove such temporary facilities. ~ 2. Provide and pay for water used in construction. Electricity: 1. Provide necessaz~ temporary wiring and,'upon completion of the Work, remove such temporary facility. .01 TEMPORARY FACILITIES AND CONTROLS 01500-1 2.2 2.3 2.4 2.5 Ce Do Provide area distribution boxes' so located that the individual trades may furnish and use 100 ft maximum length extension cords to obtain power and lighting at points~ where needed for work, inspection, and safety. Provide and pay for electricity used in construction. Heating: Provide and maintain heat necessary for proper conduct of operations needed in the Work. Telephone: 1. Make necessary arrangements and pay costs for installation and operation of telephone service to the Contractor's office at the site. 2. Make the telephone available to the Architect for use in connection with the Work. FIELD OFFICES AND SHEDS Contractor's facilities: 1. Provide a field office building and sheds adequate in size and accom,~odation for Contractor's offices, supply, and storage. 2. Within the Contractor's facilities, provide enclosed space adequate for holding project meetings. Furnish with table, chairs, and utilities. Sanitary facilities: 1. Provide temporary sanitary facilities in the quantity required for use by all personnel. 2. Maintain in a sanitary condition at all times. ENCLOSURES Provide and maintain for the duration of construction all scaffolds,, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of the Work in compliance wi~ pertinent safety and other regulations. ~ TEMPORARY FENCING Provide and maintain for the duration of construction a temporary fence of design and type needed to prevent entry onto the Work by the public. PROJECT SIGNS Prior to start of construction, secure from the Architect at the Architect's office two of the Architect's standard job signs. Mount at the.job site where directed by the Architect. .. · 01 TEMPORARY FACILITIES AND CONTROLS 01500-2 Upon completion of the Work, demount the Architect's · job signs and return them to the Architect's office. Except as otherwise specifically approved by the Architect, do not permit other signs or advertising on the job site. PART 3 - EXECUTION 3.1 MAINTENANCE AND REMOV~d~ Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work. Remove such temporary facilities and controls as rapidly as progress of the Work will permit, or as directed by th. Architect. END OF SECTION .01 TEMPORARY FACILITIES AND CONTROLS 01500-3 SECTION 01640 PRODUCT HANDLING PART i - GENERAL 1.1 DESCRIPTION Work included: Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. 1.2 B® Related work: 1. Documents affecting work of this Section include, .but are not necessarily limited to, General '- Conditions, Supplementary Conditions, and Sections in Division i of these Specifications. 2. Additional procedures also may be prescribed in other Sections of these Specifications. QUALITY ASSURANCE Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. 1.3 MANUFACTURERS' RECOMmeNDATIONS Ae Except as otherwise approved by the Architect, determine and comply with manufacturers' recommendations on product handling, storage, and. protection. 1.4 PACKAGING Deliver products to the job site in their manufacturer's original container, with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. The Architect may reject as non-complying such material and products that do not bear identification satisfactory to the Architect as to manufacturer, grade, quality, and otherpertinent information. 1.5 PROTECTION Protect finished surfaces, including jambs and soffits of openings used as passageways, through which equipment and materials are handled. .01 PRODUCT HANDLING 01640-1 1.6 Ce Ao Provide protection for finished floor surfaces in traffic areas prior to allowing equipment or materials to be moved over sUch ~urfaces. Maintain finished surfaces clean, unmarred, and suitably protected untiL1 accepted by the Owner. REPAIRS AND REPLACEMENTS In event of damage, promptly make replacements and repairs to the approval of the Architect and at no additional cost to the Owner. Additional time required to secure replacements and to make repairs will not be considered by the Architect to justify an extension in the Contract Time of Completion. END' OF S:ECTION .01 PRODUCT H~DLING 01640-2 SECTION 01700 CONTRACT CLOSEOUT - PART I - GENERAL 1.1 DESCRIPTION Work included: Provide an orderly and efficient transfer of the completed Work to the Owner. Related work: .-. 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Activities relative to Contract closeout are 'described in, but not necessarily limited to, Paragraphs 2.2.16, 9.8, a/~d 9.9 of the General Conditions. '. 3. "Substantial Completion" is defined in Paragraph 8.1.3 of the General Conditions. 1.2 QUALITY ASSURANCE Prior to requesting inspection by the Architect, use adequate means to ass~ure that the Work is completed in accordance with the s~ecified requirements and is ready for the requested in~pection. 1.3 PROCEDURES Substantial Completion: 1. Prepare and submit the list required by the first sentence of Paragraph 9.8.1 of the General Conditions. 2. Within a reasonable time after receipt of the list, the Architect will inspect to determine status of completion. 3. ShOuld the Architect determine that the Work is not substantially complete: a. The Architect promptly will so notify the Contractor, in writing, giving the reasons therefore. b. Remedy the deficiencies and notify the Architect when ready for reinspection. c. The Architect will reinspect the Work. 4. When the Architect concurs that the Work is substantially complete: a. The Archit.mct will prepare a "Certificate of Substantial Completion" on AIA form G704, accompanied by the Contractor's list of items to be completed or corrected, as verified 'by the Architect. · 01 CONTRACT CLOSEOUT 01700-1 Bo Ce bo The Architect will submit the Certificate to the Owner and to the Contractor for their written acceptance of the responsibilities assigned to them in the Certificate. Final Completion: 1. Prepare and submit 'the notice required bythe first sentence of ~aragraph 9.9.1 of the General Conditions. 2. Verify that the Work is complete including, but not necessarily limited to, the items mentioned in Paragraph 9.9.2 of the General Conditions. 3. Certify that: a. Contract Documents have been reviewed; b. Work has been inspected for compliance with the Contract Documents; c. Work has been completed in accordance with the Contract Documents; d. Equipment and systems have been tested as required, and are operational; e. Work is completed and ready for final inspection. 4. The Architect will make an inspection to verify status of completion. 5. Should the Architect determine that the Work is incomplete or defective: a. The Architect promptly will so'notify the Contractor, in writing, listing the incomplete or defective work. b. Remedy the deficiencies promptly, and notify the Architect. when ready for reinspection. 6. When. the Architect determines that the Work is acceptable under the Contract Documents, he will request the Contractor to make closeout submittals. Closeout submittals inc].ude, but are not necessarily limited to: 1. Project Record Doc%~ents described in Section 01720; 2. Operation and maintenance data for items so listed in pertinent other Sections of these ~ Specifications, and for other items when so directed by the Architect; 3. Warranties and bonds; 4. Keys and keying schedule; 5. Spare parts and materials extra stock; 6. Evidence of compliance with requirements of governmental agencies having jurisdiction including, but not necessarily limited to: a. Certificates of Inspection; b. Certificates of Occupancy; Certificates of In:surance. for products and completed operations; Evidence of payment and release of liens; ® · 01 CONTRACT CLOSEOUT 01700-2 1.4 Ae ..List of subcontractors, service organizations, and principal vendors, including names, addresses, and telephone numbers where they can be reached for emergency service at all times including nights, weekends, and holidays. Final adjustment of accounts: 1. Submit a final st~Ltement of accounting to the Architect, showing all adjustments to the Contract Su~. 2. If so required, t~e Architect will prepare a final Change Order showing adjustments to the Contract Sum which were no,: made previously by Change Orders. INSTRUCTION Instruct the Owner's p~rsonnel in proper 'operation and maintenance of systems~, equipment, and similar items which were provided as part of the Work. END OF SECTION .01 coNTRAc]~ CLOSEOUT 01700-3 SECTIO}~ 01710 CLEANSING PART i - GENERAL 1.1 DESCRIPTION Work included: Throughout the construction period, maintain the buildings and site in a standard of cleanliness as described in this Section. 1.2 Be Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Suppl,mentary Conditions, and Sections in Division 1 of ~hese Specifications. 2. In addition to standards described in this Section, comply with requirements for cleaning as described in pertinent other Sections of these Specifications. _. ' ~' .. QUALITY ASSURANCE Conduct daily inspection, and more often if necessary, to verify that requirements for cleanliness are being met. .In addition to the standards described in this Section, comply with pertinent requirements of governmental agencies having jurisdiction. PART 2 - PRODUCTS 2.1 CLEANING MATERIALS AND EQUIPMENT Provide required personnel, equipment, and materials needed to maintain the specified standard of cleanliness. 2.2 COMPATIBILITY Use only the cleaning materials and equipment which are compatible with the surface being cleaned, as recommended by the manufacturer of the material. PART 3 - EXECUTION 3.1 PROGRESS CLEANING General: 1. Retain stored items in an orderly arrangement allowing maximum access, not impeding traffic or drainage, and providing required protection of materials. .01 CLF~ING 01710-1 0 Do not allow accumulation of scrap, debris, waste material, and other items not required for construction of this Work. At least twice each month, and more often if necessary, completely remove all scrap, debris, and waste material from the job site. Provide adequate storage for all items awaiting removal from the job site, observing requirements for fir. protection and protection, of the ecology. Site: 1. ® Daily, and more often if necessary, inspect the site and pick up all scrap, debris, and waste material· Remove s~uch items to the place designated for their storage· Weekly, and more often if necessary, inspect all arrangements of materials stored on the site. Restack, tidy, or otherwise service arrangements to meet the requirements of subparagraph 3.1-A~l above. Maintain the site in a neat and orderly condition at all times· Structures: 1. Weekly, and more often if necessary, inspect the structures and pick up all scrap, debris, and waste material. R,amove such items to the place designated for their storage. .2. Weekly, and more often if necessary, sweep interior spaces cl,aan. a. "Clean," for 'the purpose of this .subpara- graph, shall be interpreted as meaning free from dust and other material capable of being removed by use of reasonable effort and a hand-held broom. 3. As required preparatory to installation of succeeding materials, clean the structures or pertinent portions thereof to the degree of cleanliness recommended by the manufacturer of the succeeding material', using equipment and materials required to achiewe the necessary cleanliness. 4. Following the installation of finish floor materials, clean ~he finish floor daily (and more often if necessary) at all times while work is being performed in the space in which finish materials are installed. a. "Clean," for 'the purpose of this subparagraph, shall be interpreted as meaning free from foreign material which, in the opinion of th, Architect, may be injurious to the finish floor material. .01 CLEANING 01710-2 3.2 FINAL .CLEANING "Clean," for the purpose of this Article, and except as may be specifically provided otherwise,.shall be interpreted as meaning the level of cleanliness generally provided by skilled cleaners using commercial quality building maintenance equipment and materials. Prior to completion of the Work, remove from the job site all tools, surplus materials, equipment, scrap, debris, and waste. Conduct final progress cleaning as described in Article 3.1 above. Site: 1. 0 Unless otherwise specifically directed by the Architect, broom clean paved areas on the site and public paved areas adjacent to the site. Completely remove resultant debris. Structures: 1. Exterior: a. Visually inspect exterior surfaces and remove all traces of soil, waste materials, smudges, and other foreign matter· Remove all ~:races of splashed materials from' adjacent s~faces. If necessalT.{ to achieve a uniform degree of cleanliness., hose down the exterior of the structure. d. In the eve~: of stubborn stains not removable with water, the Architect may require light sandblasting or other cleaning at no additional cost to the Owner. Interior: a. Visually inspect interior surfaces and remove all traces of soil, waste materials, smudges, and other foreign matter. b. Remove all traces of splashed material from adjacent surfaces. c. Remove paint droppings, spots, stains, and dirt from finished surfaces. Glass: Clean inside and outside. Polished surfaces: To surfaces requiring routine application of buffed polish, apply the polish recommended by the manufacturer of the material being polished. Schedule final cleaning as approved by the Architect to enable the Owner to accept a completely clean Work. · 01 CLF2~ING 01710-3 3.3 CLEANING DURING OWNER'S OCCUPANCY Ao Should the Owner occupy the' Work or any portion thereof prior to its completion by the Contractor and acceptance by the Owner, responsibilities for interim and final cleaning shall be as determined by the Architect in accordance with the General Conditions of the Contract. END OF SECTION .01 CLEANING 01710-4 SECTION 01720 PROJECT RECORD DOCUMENTS PART i - GENERAL 1.1 Be DESCRIPTION Work included: 1. Throughout progress of the Work, maintain an accurate record of changes in the Contract Documents, as described in Article 3.1 below. 2.. Upon completion of the Work, transfer the recorded changes to a set'of Record Documents, as described in Article 3.2 below. Related work: 1. Documents affecting work of this Section include, .:but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. Other requirements affecting Project Record Documents may ap]pear in pertinent other Sections of these Specifications. 1.2 QUALITY ASSURANCE Delegate the responsibility for maintenance of Record Documents to one person on the Contractor's staff as .approved bY the Architect. Be Accuracy of records: 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. 1.3 Make entries within 24 hours after receipt of information that the change has occurred. SUBMITTALS A. Comply with pertinent provisions of Section 01340. The Architect's approval of the current status of Project Record Documents may be a prerequisite to the Architect's approval of requests for progress payment and request for final, payment under the Contract. · 01 PROJECT RECORD DOCUMENTS 01720-1 1.4 De A® Be Prior to submitting each request for. progress payment, secure the Architect's approval of the current status of the Project Record Documents. Prior to submitting request for final payment, submit the final Project Record Documents to the Architect and secure his approval. PRODUCT HANDLING Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work. and transfer of all recorded data to the final Project Record Documents. In the event of loss of recorded data, use means necessary to again secure the data to the Architect's approval. 1. Such means shall include, if necessary in the opinion of the Architect, removal and replacement of concealing materials. 2. In such case, provid4~ replacements to the standards originally required by the Contract Documents. PART 2 - PRODUCTS 2.1 RECORD DOCUMENTS Be Job set: Promptly following receipt of the Owner's Notice to Proceed, secure from the Architect at no charge to the Contractor one complete Set of all Documents comprising the Contract. Final Record Documentsi At a time nearing the completion of the Work,~- secure from the Architect one complete set. of sepia transparencies of all Drawings in the Contract. Sepias will be furnished to the Contractor at cost and all changes in the work will be transferred from the job set to the record set by the Contractor. ~ PART 3 - EXECUTION 3.1 MAINTENANCE OF JOB SET Immediately upon receipt of the job set described in Paragraph 2.1-A above, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET." .01 PROJECT RECORD DOCUMENTS 01720-2 Preservation: 1. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set to the approval of the Architect... 2. Do not use the job set for any purpose except entry of new data and for review by the Architect, until start of transfer of data to final Project Record Documents. 3. Maintain the job set at the site of Work as that Site is designated by the Architect. Making entries on Drawings: 1. Using an erasables.' colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. 2. Date all entries .... 3. Call attention to the entry by a "cloud" drawn around the area or areas affected· 4. In the event of overlapping changes, use different colors for the overlapping changes. Make entries in the pertinent other Documents as approved by the Architect. Conversion of schematic layouts: 1. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, is shown schematically and is not intended to portray precise physical layout. a. Final physical arrangement is determined by the Contractor, subject to the Architect's approval. However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings· Show on the job set of Record Drawings, by dimension accurate to within one inch, the centerline of each run of items such as are described in subparagraph 3.l-E-1 above· a. Clearly identify the item by accurate note such as "cast iron drain," "galv. water," and the like. b. Show, by symbol or note, the vertical location of the item ("under slab," "in ceiling plenum," "exposed," and the like). c. Make all identification sufficiently descriptive that it may be related reliably to the Specifications. .01 PROJECT RECORD DOCUMENTS 01720-3 3.3 Review and submittal: 1.' Submit the compl,eted set of Project Record Documents to the Architect as described in Paragraph 1.3-D ,above. 2. Participate in r,eview meetings as required. 3. Make required changes and promptly deliver the final Project Re~=ord Documents to the Architect. CHANGES SUBSEQUENT TO ACCEPTANCE The Contractor has no responsibility for recording changes in the Work subsequent to Final Completion, except for changes resulting from work 9erformed under Warranty. END OF SECTION .01 PROJECT RECORD DOCUMENTS 01720-5 SECTION O1730 OPERATION AND iHAINTENANCE DATA PART i - GENERAL 1 ..1 DESCRIPTION 'Work included= To aid the continuedinstruction of operating and maintenance personnel, and to provide a positive source of information regarding the products incorporated into the Work, furnish and deliver the data described inthis Section and in pertinent other Sections of these Specifications. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions', and Sections in Division 1 of these Specifications. Required content~5 of submittals also may be amplified in pe~:inent other Sections of these Specifications. 1.2 QUALITY ASSURANCE Ae In preparing data re~ired by this section, use only personnel who are thoroughly trained and experienced in operation and maintenance of the described items, completely familiar with the requirements of this Section, and skilled J.n technical writing to the extent needed for communicating the essential data. 1.3 SUBMITTALS A. Comply with pertinent provisions of Section 01340. Submit two copies of a preliminary draft of the proposed Manual or Manuals to the Architect for review and comments. Unless otherwise directed in other Sections, or in writing by the .Architect, submit three copies 'of the final Manual to the Architect prior to indoctrination of operation and maintenance personnel. PART~2 - PRODUCTS 2.1 INSTRUCTION MANUALS Ae Where instruction Manuals are required to be submitted under other Sections of these Specifications, Prepare. in accordance with the provisions of this Section. .01 OPERATION AND MAINTENANCE DATA 01730-1 Ce De Format: 1. Size: 2. Paper: 3. Text: 4. Drawings: 5. Flysheets: 6. Binding: 7. Measurements: 8-1/2" x 11" White bond, at least 20 lb weight Neatly written or printed 11" in height preferable; bind in wit~ text; foldout acceptable; larger drawings acceptable but fold to fit within the Manual and pr¢~ide-a drawing pocket inside- rear cover or bind in with text. Separate each portion of the Manual with neatly prepared flysheets briefly describing contents of the ens~uing portion; flysheets may be in color. Use heavy-duty plastic or fiberboard covers with binding mechanism concealed inside the Manual; 3-ring binders will be acceptable; all binding is subject to the Architect's approval. Provide all measurements in U. S. standard units such as feet-and- inches, lbs, and cfm; where items may be expected to be measured~ within ten years in accordance with' metric formulae, provide additional measurements in the "International System of Units" (SI). Provide 'front and, back covers for each Manual, using durable material approved by the Architect, and clearly identified on or throu~ the cover with at least the following information: OPERATING AND MAIF~ENANCE INSTRUCTIONS ( name and address of Work ) ( ) ( name of Contractor ) ) general subject of this Manual ) ) sDace for aDDroval signature of ) the Architect and approval date ) Contents: Include at least the following: 1. Neatly typewritten index near the front of the Manual, giving immediate information as to location within the Manual of all emergency information regarding the installation. 2. Complete instructions regarding operation and maintenance of all equipment involved including lubrication, disassembly, and reassembly, · 01 OPERATION AND MAINTENANCE DATA 01730-2 3. .. Complete nomenclature of all parts of all equipment. 4. Complete nomenclature and part number of all replaceable parts~, name and address of nearest vendor, and all other data pertinent to procurement procedures. 5'. Copy of all guarantees and warranties issued· 6. Manufacturers' bulletins, cuts, and descriptive data, where pertinent, clearly indicating the precise items in¢~luded in this installation and deleting, or otherwise clearly indicating, all manufacturers' data with which this installation is not concerned.. 7. 'Such other data as required in pertinent Sections of these Specifications. PART 3 - EXECUTION 3.1 INSTRUCTION MANUALS Preliminary: 1. Prepare a preliminary draft of each proposed Manual. Show general arrangement, nature of contents in each portion, probable number of drawings and their size, and ~;roposed method of binding and covering. Secure the Architect's approval prior to proceeding. Final: Complete the ~{anuals in strict accordance with the approved preliminary drafts and the Architect's review comments. .Revisions: 1. Following the indoctrination and instruction of operation and maintenance personnel, review all proposed revisions of the Manual with the Architect. If the Contracto~ is required by the Architect to revise previously approved Manuals, compensation will be made as provided for under "Changes" in the General Conditions. 'END OF SECTION .01 OPERATION AND MAINTENANCE DATA 01730-3 SECTIO~ 02O10 SUBSURFACE I~VESTIGATION pART i - GENERAL 1.1 DESCRIPTION Soils investigation r~ort: 1. A soils investigation report has been prepared for the site of thi~ Work by the soil engineer named on the Project Directory in the Project Manual. 2. The soils investigation report may be inspected at the office of th~ Architect,. and copies may be obtained at the ¢:ost of reproduction and handling upon request add~:essed to the Architect and accompanied by full payment. Be Use of data: 1. This report was obtained only for the Architect's use in design and is not a part of the Contract Documents. 2. The report is available for bidders' information, but is not a war~:anty of subsurface conditions. 3. Bidders should visit the site and acquaint themselves with ~xisting conditions. 4. Prior to biddings, bidders may make their.own subsurface inves~:igations to satisfy themselves as to site and subsurface conditions, but such investigations may be performed only under time schedules and ar~:angements approved in advance by the Architect. 1.2 QUALITY ASSURANCE A soil engineer will be retained by the Owner to observe performance of work in connection with excavating, trenching~, filling, backfilling, and grading, and to perform compaction tests. Readjust work perform~d that does not meet technical or design requirements, but make no deviation from the Contract Documents without specific and written approval from the Architect. END OF SECTION SUBSURFACE INVESTIGATION .01 02010-1 SECTION 02220 EXCAVATING, BACKFILLING, AND COMPACTING PART i - GENERAL 1.1 DESCRIPTION Be WOrk included: Excavate, backfill, compact, and grade the site to the elevations shown on the Drawings, as specified herein, and as needed to meet the requirements of the construction shown in the Contract Documents. Related work: 1. Documents affecting work of this Section include, but are not nece~:sarily limited to, General '' ~Conditions, Supplementary Conditions,'and Sections in Division 1 of these Specifications. '-.~ 2. Grading notes as incorporated within grading plan. 1.2 QUALITY ASSURANCE Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. Use equipment adequate in size, capacity, and numbers to accomplish the work. of this Section in a timely manner. In addition to complying with requirements of governmental agencies having jurisdiction, comply with the directions of the soil engineer. 1.3 PRODUCT HANDLING A. Comply with pertinent provisions of Section 01640. PART 2 - PRODUCTS 2.1 SOIL MATERIALS Fill and backfill materials: 1. Provide soil materials free from organic matter and deleterious substances, containing no rocks or lumps over 6" in greatest dimension, and with not more than 15% of 'the rocks or lumps larger than 2- 3/8" in their greatest dimension, 2. Fill material is subject to the approval of the soil engineer, and is that material removed from .01 EXCAVATING, BACKFILLING, AND COMPACTING 02220-1 excavations or imported from off-site borrow areas, predominantly granular, non-expansive soils free from roots and other deleterious matter. Do not permit rocks having a dimension greater 'than 1" in the upper 12" of fill or embankment. Cohesionless material used for structural backfill: Provide sand free from organic material and other foreign matter, and as approved by the soil engineer. Where granular base is called for under, building slabs, provide aggregate complying with requirements of Section 03300 of these Specifications. 2.2 WEED KILLER A® Provide a dry, free-fluwing, dust-free chemical compound, soluble in water, capable of inhibiting growth of vegetation, and approved for use on this Work by governmental agencies having jurisdiction. 2.3 TOPSOIL A® Where and if shown on the Drawings or otherwise required, provide topsoil consisting of friable, fertile soil of loamy character, containing an amount of organic matter normal to the region, capable of sustaining healthy plant life, and reasonably free from subsoil, 'roots, heavy or stiff clay, stones larger than 2" in greatest dimension, noxious weeds, sticks, brush, litter, and other deleterious matter. 2.4 Bo Obtain topsoil from sources within the project limits, or provide imported topsoil obtained from sources outside the project limits, or from both sources. OTHER MATERIALS~ · ~.. ~. .~ A® Provide other materials, not specifically described but required for a complete and proper installation, as selected by the Contractor subject to the approval of the Architect. ~ PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A® Be Examine the areas and conditions under which wOrk of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. Remove any uncertified fill as ~irected by the Soils Engineer. .01 EXCAVATING, BACKFILLING, AND COMPACTING 02220-2 3.2 3.3 De FINISH ELEVATIONS AND LINES Comply with requirements of the grading plan and finish site plan. PROCEDURES Utilities: 1. Unless shown me to be removed, protect active utility lines shown on ~e Drawings or otherwise made known to the Contractor prior to excavating. If damaged, repair or replace at no additional cost to the Owner. If active utility lines are encountered, and are not shown on the Drawings or otherwise made known to the Contractor, promptly take necessary steps to assure that service is not interrupted. If service is interrupted as a result of work under this Section, immediately restore service by repairing the dam~aged utility at no additional cost to the Owner. If existing utilities are found to interfere with the permanent facilities°being constructed under this Section, i~m~diately notify the Architect and secure his instructions, Do not proceed with permanent relocation of utilities until written instructions are received from the Architect. Protection of persons and property: 1. Barricade open holes and depressions occurring as part of the Work, and post warning lights on property adjacent to or with public access.' 2. Operate warning lights during hours from dusk to dawn each day and as otherwise required. 3. Protect structure:s, utilities, sidewalks, pavements, and o~er facilities from damage caused by settlement, lateral movement, washout, and other hazards created by operations under this Section. Dewar,ring: 1. Remove all water, including rain water, encountered during trench and sub-structure work to an approved location by pumps, drains, and other approved me~ods. 2. Keep excavations a~nd site construction area free from water. Use means necessary to prevent dust becoming a nuisance to the public, to neighbors, and to other work being performed on or near the site· Maintain access to adjacent areas at all times. · 01 EXCAVATING, BACKFILLING, AND COMPACTING 02220-3 3.4 EXCAVATING A® Ce Ee Ge Perform excavating of every type of material encountered within the limits of the Work to the lines, grades, and elevations indicated and specified herein. Satisfactory excavated materials: 1. Transport to, and place in, fill or embankment areas within the limits of the Work. Unsatisfactory excavated materials: 1o Excavate to a distance below grade as directedby the soil engineer, and replace with satisfactory materials. 2. Include excavation of unsatisfactory materials, and replacement by satisfactory materials, as parts of the work of this Section. Surplus materials: · 1. Dispose of unsatisfactory excavated material, and surplus satisfacto:~y excavated material, away from the site at disposal areas arranged and paid for by the Contractor. Excavation of rock: 1. Where rocks, boulders, granite, or similar material is encountered, and where such material cannot be removed .or excavated by conventional earth moving or ripping equipment, take required steps to proceed with the general grading operations of the 'Work, and remove or excavate such material by means which will neither cause additional cost to the Owner nor endanger buildings or structures whether on or off the ~' site. '' 2. Do not' u~e explosives without written permission from th. Architect. Excavate and backfill in a manner and sequence that will provide proper drainage at all times. Borrow: 1. Obtain material re:quired for fill or e~ankment in excess of that produced within the grading limits of the Work from borrow areas selected and paid for by the Contractor and approved by the soil engineer. Ditches and gutters: 1. Cut accurately to the cross sections, grades, and elevations shown. 2. Maintain excavations free from detrimental quantities of leaves, sticks, trash, and other debris until completion of the Work. .01 EXCAVATING, BACKFIllING, AND COMPACTING 02220-4 Ke Le Dispose of excavated materials as shown on the Drawings or directed by the soil engineer~ except do not, in any case, deposit materials less than. 3'-0" from the edge of a ditch. Unauthorized excavaticm: 1. Unauthorized excavation consists of removal of '3. materials beyond indicated subgrade elevations or dimensions witho~ specific instruction from the A~chitect or the soil engineer. Under footings, foundations, or retaining walls: a. -Fill unauthorized excavations by extending the indicated bottom elevation of the footing or base to t~e excavation bottom, without altering the required top elevation. b. When acceptable to the soil engineer, lean concrete fill may be used to bring the bottom elevation to, proper position. Elsewhere, backfill and compact unauthorized excavations as s~,ecified for authorized excavations, unless otherwise directed by the soil engineer. Stability of excavations: 1. Slope sides of excavations to 1:1 or flatter, unless otherwise directed by the soil engineer· 2. Shore and brace where sloping is.not possible because of spac6 restrictions or stability of the materials being excavated. 3. Maintain sides and slopes of excavations in a safe condition until completion of backfilling. Shoring and bracing: 1. Provide materials for shoring and bracing as may be necessary for safety of personnel, protection of work, and compliance with requirements of governmental agencies having jurisdiction. 2. Maintain shoring and bracing in excavations regardless of the time period excavations will be open. 3. Carry shoring and bracing down as excavation progresses. Excavating for structures: 1. Conform to elevations and dimensions shown within a tolerance of 0.110 ft, and extending a sufficient distance from footings and foundations to permit placing and removing concrete formwork, installation of services, other construction required, and for inspection. In excavating for footings and foundations, take care not to disturb bottom of excavation: a. Excavate by hand'tools to final grade just before concrete is placed. .01 EXCAVATING, BACKFILLING, AND COMPACTING 02220-5 3.5 Me b. Trim bottoms to required lines and grades to leave solid base to receive concrete. Excavate for footings and foundations only after general site excavating, filling, and grading are complete. Excavating for pavements: 1. Cut surface under pavements to comply with cross sections, elevations, and grades· Cold weather protection:: 1. Protect excavation bottoms against freezing when atmospheric temper~ture is less than 35 degrees F. FIT.T.ING AND BACKFILLING General: 1. For each classification listed below, place acceptable soil material in layers to required subgrade elevation~. 2. In excavations: a. Use satisfactory excavated or borrow material. 3. Under asphalt pave~ents: a. Use subbase materials. 4. Under building sl~)s: a. Use granular fill, if so called for on the Drawings, co~)lying with aggregate acceptable under Section 03300 of these Specifications. Backfill excavations as promptly.as progress of the Work permits, but not ~%til completion of the following. 1. Acceptance of construction below finish grade including, where applicable,~dampproofing and waterproofing .... ~. 2. Inspecting, testing, approving,, and recording locations of underground utilities. 3. Removing concrete formwork. 4. Removing shoring and bracing, and backfilling of voids.with satisfactory materials.. 5. Removing trash and debris· ~ 6. Placement of horizontal bracing on horizontally supported walls. Ground surface preparation: 1. Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious matter from ground surface prior to placement of fills. Plow, strip, or break up sloped surfaces steeper than one vertical ~:o four horizontal so that fill material will bond with existing surface. When existing gro~d surface has a density less than that specified under "compacting" for the particular area, break up the ground, surface, .01 EXCAVATING, BACKFILLING, AND COMPACTING 02220-6 3.6 De Be pulverize, moisture-condition to the optimum moisture content, and compact to required depth and percentage of' maximum density. Placing and compacting: 1. Place backfilland fill materials in layers not more than 6" in ].oose depth. 2. Before compacting, moisten or aerate each layer as necessary to provide the optimum moisture content. 3. Compact each layer to required percentage of maximum density for area. 4. Do not place backfill or fill material on surfaces that are muddy, frozen, or containing frost or ice. Place backfill and fill materials evenly adjacent to structures, to required elevations. Take care to pr~ent wedging action of backfill against structures by carrying the material uniformly around the structure to approximately the same elevation in each lift. Where the construction includes basement or other underground walls having structural floors over them, do not backfill such walls until the structural floor's are in place and have attained sufficient strength to support the wall~. GRADING General: 1. Uniformly grade the areas within limits of grading under this Section, including adjacent transition areas. 2. Smooth the finished surfaces within specified tolerance. 3. Compact with uniform levels or slopes between points where elevations are shown on the Drawings, or between such points and existing grades. 4. Where a change of slope is indicated on the Drawings, const:~uct a rolled transition section having a minimum radius of approximately 8'0", unless adjacent construction will not permit such a transition, or if such a transition defeats positive control of drainage. Grading outside building lines: 1. Grade areas adjacent to buildings to achieve drainage away from the structures, and to prevent ponding. 2. Finish the surfaces to be free from irregular surface changes~, and: a. Shape the surface of areas scheduled to be under walks to line, grade, and cross- section, with finished surface not more than 0.10 ft'above or below the required subgrade elevation.. .01 EXCAVATING, BACKFILLING, AND COMPACTING 02220-7 3.7 Ao Co be Shape the surface of areas scheduled to be under pavement to line, grade, and cross- section, with finished surface not more than 0.05 ft above or below the required subgrade elevation. COMPACTING Control soil compaction during construction to provide the minimum percentage of density specified for each area as determined according to ASTM D1557. Provide not less than the following maximum density of soil material compacted at optimum moisture content for the actual density of .each layer of soil material in place, and as approved by the soil engineer. 1. Structures: a. Compact the top 6" of subgrade and each layer of fill material or backfill material at 90% of maximum density. 2. Lawn and unpaved areas: a. Compact the top 6" of subgrade and each layer of fill material or backfill material at 90% of maximum density. b. Compact the upper 12" of filled areas, or natural soils exposed by excavating, at 85% of maximum density. 3. Walks: a. Compact the top 6" of subgrade and each layer of fill material or backfill material at 90% of maximum density. 4. Pavements: a. Compact the top 6" of subgrade and each layer of fill material or backfill material at 90% of maximum density. b. Beneath the Portland Cement Concrete Paving, compact the upper 12" of fill material or backfill material at 95% maximum density. Moisture control: 1. Where subgrade or layer of soil material must be moisture-conditioned before compacting, uniformly apply water to surface of subgrade or layer of. soil material to prevent free water appearing on surface during or subsequent to compacting operations. 2. Remove and replace., or scarify and air dry, soil material that is too wet to permit compacting to the specified density. 3. Soil material that has been removed because it is too wet to permit ¢:ompacting may be stockpiled or spread and allowed to dry. Assist drying by discing,.harrowing,, or pulverizing until moisture EXCAVATING, BACKFILLING, AND COMPACTING .01 02220-8 3.8 3.9 3.10 ae content is reduced to a satisfactory value as determined by moisture-density relation tests approved by the soil engineer. FIELD QUALITY CONTROL / Secure the soil engineer's inspection and approval of subgrades and fill layers before subsequent construction is permitted thereon. Provide at least the following tests to the approval of the soil engineer: 1. At paved areas, at least one field density test for every 2000 sq ft of paved area, but not less than three tests; 2. In each compacted fill layer,' one field density test for every 2000 sq ft of overlaying paved area, but not less than three tests. If, in the soil engineer's opinion, based on reports of the testing laboratory, subgrade or fills which have been placed are below specified density, provide additional compacting and testing under the provisions of Section 01410 of these Specifications. MAINTENANCE Protection of newly graded areas: 1. Protect newly graded areas from traffic and erosion, and keep free from trash and weeds; 2. Repair and reestablish grades in settled, eroded, and rutted areas to the specified tolerances. Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify the surface, reshape, and compact to the required densitylprior to further construction. CERTIFICATION Upon completion of this portion of the Work, and as a condition of its acceptance, deliver to the Architect a written report, from the soil engineer certifying that the compaction requirements have been obtained. State in the report the area of fill or embankment, the compaction density obtained, and the type or classification of fill material placed. END OF SECTION .01 EXCAVATING, BACKFILLING, AND COMPACTING 02220-9 SECTION 02281 TERMITE CONTROL PART i - GENERAL 1.1 DESCRIPTION Work included: Provide soil poisoning to control subterranean termites as specified herein and needed for a complete and proper treatment. Related work: ~''" 1. 'Documents affecting Work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications 1.2 QUALITY ASSURANCE A® Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. Qualifications of sub,=ontractor: 1. Properly licensed to provide such services by governmental agencies having jurisdiction. 2. Not less than five years successful experience in soil treatment for subterranean termites. 1.3 SUBMITTALS Comply with pertinent, provisions of Section 01340. Product data: Within 35calendar days after the Contractor has received the Owner's Notice to Proceed, submit: 1. Materials list of items proposed to be provided under this. Section; 2. Manufacturer's specifications and other data needed to prove compliance with the specified requirements; 3. Manufacturer's recommended installation procedures which, when approved by the Architect, will become the basis for accepting or rejecting actual installation procedures used on the Work. 1.4 WARRANTY Upon completion of ~e Work, and as a conditiOn of its acceptance, deliver to the Architect two copies of a Warranty signed by an authorized representative of the · 01 TERMITE CONTROL 02281-1 installing Contractor, 1. subcontractor, and co-signed by the agreeing: To make an inspection of the Work once each yea~ for a total period of five years following Date~Of Substantial Completion for the purpose of detecting termite infestation; If termite infestation is found during that .five year period, to retreat in accordance with prevailing practices of the trade and within ten calendar days after such infestation is discovered; To repair damage to the Work caused by subterranean termites during that five year period, to a maximum cost of $5,000; To make such inspections, retreatment, and repairs at no additional cost to the Owner. PART 2 - PRODUCTS 2.1 MATERIALS To the extent approved by governmental agencies having jurisdiction, use working solutions containing any One of the following chemicals at the listed minimum concentration: 1. Dursban TC 2. Torpedo 3. Dragnet 1.0% 0.5% Manufacturer's recommended applica- tion If combinations of toxicants are approved by governmental agencies having jurisdiction, provide toxicants having such approval and in the'maximum strength so approved, a't no additional cost to the Owner. pART 3 - EXECUTION 3.1 A® SURFACE CONDITIONS Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed ~til unsatisfactory conditions are corrected. 3.2 APPLICATION Begin soil poisoning on]Ly after all Preparation for slab placement is complete. Z01 TERMITE CONTROL 02281-2 Be Ce De .Slabs on grade: 1. Apply toxicant as an overall treatment at the minimum rate of one gallon of toxicant to each 10 sq ft of area under slabs on grade within building lines. Utility entrances: 1. Apply toxicant at the rate of two gallons of toxicant per five lin ft at critical locations such as where utilities pass through exterior walls and throu~ floor slabs. 2. Extend treatment not less than 48" from wall into trench. Walls: 1. Apply toxicant at the rate of two gallons of toxicant per fiw~ lin ft along both sides of all foundations walls, cross walls, and grade beams, after all nearby excavation has been completed. 2. Apply toxicant at: the rate of one gallon of toxicant per fiw~ lin ft to voids in masonry walls. Miscellaneous: Apply toxicant at the rate of two gallons of toxicant per five lin ft at the following areas: 1. Immediately bel~ expansion joints, control joints, and all areas where slab will be penetrated by construction features. 2. Where exterior facings or veneers extend below grade level along the exterior side of all foundation walls. 3. Where unit masonry foundation construction is used. If soil is disturbed after treatment, retreat disturbed areas. END OF SECTION .01 TERMITE CONTROL 02281~3 SECTION 02441 IRRIGATION SYSTEM PART I - GENERAL 1.1 DESCRIPTION Ae Work included: .Desigr~ and provide an irrigation system as required to properly irrigate the trees, plants.and ground cover indicated on the drawings, utilizing the materials and equipment specified herein, complete in place, tested and approved, including but not necessar- ._ily limited to: 1. Lawn and shrub Sprinkler system; 2. Automatic controller and remote control valves. Related work: 1. Documents affecting work of this Section include,. but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Section 02490: Trees, Plants and Ground Cover. QUALITY ASSURANCE Ao Use adequate numbers of skilled workmen who are thoroughly trained a~ experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. 1.3 SUBMITTALS A. Comply with pertinent provisions of Section 01340. Product data: Within 35 calendar days after the Contractor has received the Owner's Notice to Proceed, submit: 1. Materials list of items proposed to be provided under this Section; 2. Manufacturer's specifications and other data needed to prove compliance with the specified requirements; 3. Manufacturer's recommended installation procedures which, when approved by the Architect, will become the basis for accepting or rejecting actual installation procedures used on the Work. 1.4 PRODUCT HANDLING A. Comply with pertinent provisions of Section 01640. .01 IRRIGATION SYSTEM 02441-1 PART 2 - PRODUCTS 2.1 PIPE Galvanized steel pipe: 1. Comply with ASTM A120 or ASTM A53, galvanized, Schedule 40, threaded, coupled, and hot-dip galvanized. 2. Fittings: Use 150 lb rated galvanized malleable iron, banded pattern. Be Plastic pipe: 1o Use schedule 40 p¢)lyvinyl chloride, for pressure supply lines, (PVC) marked 1120-1220, and bearing the seal of the National Sanitation Foundation. Laterals may be class 200 PVC. Fittings: Use schedule 40 polyvinyl chloride, type I-II, bearing the seal of the National Sanitation Foundation, and complying with ASTM D2466. For joining, use a solvent complying with ASTM D2466 and recommended by the manufacturer of the approved pipe. Plastic pipe identification: Continuously and .permanently mark with'manufacturer's name, pipe size, schedule nu~Oer, type of material, and code number. 2.2 RISERS Use flexible risers and damage resistant rubber nipple below grade. 2.3 QUICK COUPLING VALVES ae Use galvanized steel pipe risers with multiple swing joint- assembly of galvanized nipples and elbows to permit readjustment of valve angle. Provide 1"~, one piece construction, all brass, locked top, to fit double lug couplers. Deliver to the Owner the'following items,'all matching the approved quick coupling valves: 1. Three keys for locked top; 2. Three couplers; 3. Three hose swivels~. 2.4 VALVES Gate valve: 1. Provide 125 lb rated valve of size required for the line .as shown, on the Drawings, with "O" ring and operating nut, adaptable to the pipe without AC adapters. .01 IRRIGATION SYSTEM 02441-2 2.5 2.6 2.7 2.8 2.9 Ae Be Ao Ae Be A® Ae · 'Acceptable manufacturers: a. Rainbird. b. Toro VALVE BOXES AND SLEEVES For automatic control valve: Provide one valve box per valve as manufactured by Ametek or equal. See detail sheet. For gate valves: 1. Provide round pr.cast concrete boxes with pr.cast concrete lids, with the word "WATER" cast into the lids. 2. Acceptable manufacturers: a. Christy Products; b. Brooks. SPRINKLER HEADS Provide a schedule indicating the type and manufacturer of the sprinkler heads. Acceptable Manufacturers: 1. Rainbird 2. Toro VACUUM BREAKER Provide the type and manufacturer information for the vacuum breaker. Acceptable Manufacturers: 1. Rainbird 2. Febco AUTOMATIC IRRIGATION CONTROLLER Provide 117 valve stations necessary to control all valves designed system, with at least 2 spare stations future use. 1. Acceptable manufacturers; a. Rainbird; b. Richdel. V input, 26.5 V output, with the~ number of in for REMOTE CONTROL VALVES Use valves of the same manufacturer as the approved automatic irrigation controller, slow'opening and slow closing, globe pattezT~, in type and model n,,mbers as shown on the schedule on the Drawings, plastic construction, 24 V, with epoxy sealed solenoid coils and throttling system. .01 IRRIGATION SYSTEM 02441-3 2.10 2.11 Ae WIRING Control wires shall be solid copper conductors, 600 volt AC, UL approved fc,r direct burial. Common wire and hot wire both shall be 14 gauge. Wire connections shall be waterproof and constructed with #57-03 Sanp-tite wire connectors and PT-55 sealer or approved equals. OTHER MATERIALS Provide other materials, not specifically described but required for a complete and proper installation, as selected by the Contractor subject to the approval of the Architect. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed ~til unsatisfactory conditions are corrected. 3.2 FIELD MEASUREMENTS Makenecessarymeasurements in the field to ensure precise fit of items in accordance with the approved design. 3.3 TRENCHING AND BACKFILLING Ae Trench, backfill,' and'compact in accordance with pertinent provisions of Section 02220. 3.4 INSTALLATION OF PIPING Ae General: 1. Lay out the piping system in accordance with approved arrangement shown on the design drawings. 2. Where piping is to be under paved areas but running parallel and adjacent to planted areas, the intention is to install the piping in' the planted areas. Be All main lines and laterals required under paving shall be in PVC sleeves on a sandy base prior to paving. .01 IRRIGATION SYSTEM 02441-4 All.irrigation lines shall have 12 inches of horizontal .clearance form lines of other trades and 6 inches horizontal clearance from other irrigation lines in the same trench. Laterals running greater than 30 feet in length should be snaked from side to side in the trench to allow for expansion and contraction. Pressure line shall be buried at minimum depth of 18", except under parings, where it shall be buried 24". Lateral line shall be buried at minimum depth of 12",. except under paving, where it shall be buried 24" deep. Plastic to plastic joints shall be solvent-welded using solvent and procedures recommended by the pipe' manufacturer. Teflon tape or soft set pipe dope shall be used on all threaded fittings. Under existing pavement: 1. Piping may be installed under existing pavement by jacking, boring, or hydraulic driving except that no hydraulic driving will be permitted under asphalt concrete pavement. a. Store under cover until ready to install. b. Transport only on a vehicle with a bed long · . enough to allow the pipe to lay flat to avoid undue bending and concentrated external load. 2. Repair dented am~ damaged pipe by cutting out and discarding the dented or damaged section, and re- joining with a coupling. 3. In jointing, use only the specified solvent and make joints in accordance with the manufacturer's recommendations as approved by the Architect. a. Give solvent= welds at least 15 minutes set-up time before moving or handling, and 24 hours curing time before filling with water. 4. Centerload plastic pipe with a small amount of backfill to prevent arching and whipping under pressure. 5. For plastic-to-s~eel connections: a. Work the steel connections first; b. Use a non-]aardening pipe dope on threaded plastic-to-steel connections. c. Use only a light wrench pressure. 6. Where cutting or breaking of existing pavement is necessary, secur,m permission from the Architect before cutting or breaking the pavement, and then make necessary repairs and replacements to the approval of the Architect and at no additional cost to the Owner. Inspection of materials: Carefully inspect pipe and fittings before installation, removing all dirt, scale, and burrs; and reaming as required. Install pipe with markings, up for visual inspeqtion. · 01 ~ IRRIGATION SYSTEM 02441-5 3.5 Be De Plastic pipe: 1. Exercise care in handling, loading, unloading, and storing .plastic pipe and fittings. Galvanized pipe: 1o Make cuts square, with cuts thoroughly reamed and rough edges and burrs removed. 2. Make threads sound, clean cut,.and well fitting. 3. Use pipe dope on male fittings only. 4. Make screwed joints tight with all necessary wrenches but without handle extensions. INSTALLATION OF EQUIPMENT CONTROL 1. Install electric control valves in accordance with the manufacturer's recommendations as approved by the Architect. 2. Control wires shall be placed under irrigation main lines wherever practical and wrapped with tape every 5 feet. Route control wires around thrust blocks-wiring may not be encased in concrete. Where wires do not parallel pipes', they shall be buried a minimum depth of 18" and should run along walks and building edges. Control lines under paving shall be in PVC conduit 24" deep. 3. Connect control wires to valves providing.slack so that wire may be cu'~ and reconnected if necessary. Tie a loose 20" loop in all wiring at changes of direction greater than 30 feet. Untie all loops after all connections have been made. 4. Attach a. 2" diameter aluminum identification tag with the valve or station number stamped on it to each valve. Quick coupling valves: 1. Install in lawn areas with the top flush with the finish grade, and 8" from pavements and heads. 2. Install in planting areas with tops 2" above grade and 8" from pavement and heads. Lawn sprinkler heads: ..... 1. Install in accordance with the manufacturer's as approved by the ~chitect. 2. Along walks and driveways where finished grade is established, set heads flush with surface of pave- ment at time of installation, and 1-1/2" from pavement. Shrub pop-up .spray heads: , 1. Install accordance with the manufacturer's re- 'commendations as approved by the Architect 2. Set tops of heads flush with grade. 3. Install part-circle 12" from curbs and 8"'from walks. -' .01 IRRIGATION SYSTEM 02441-6 3.6 3.7 Bo Ce De 4. "Set heads along curbs in parking areas flush with top of curb. Vacuum breaker: Install in accordance with all pertinent codes, regulations, and the manufacturer's recommendations as aplproved by the Architect. TESTING AND INSPECTING Do not allow or cause any of the work of this Section to be covered up or enclosed until it has been inspected, tested, and approved by the Architect. Before backfilling the main line, and with control valves in place but before lateral pipes are connected, completely flush and test the main line. 1. Repair leaks. 2. Flush out each section of lateral pipe before sprinkler heads are attached. Testing: 1. Make necessary provision for thoroughly bleeding the line of air and debris. 2. Before testing, fill the line with water for a period of at least 24 hours. 3. After valves have been installed, test live water lines for leaks at a pressure of 150 psi for a period of two hours, with couplings exposed and with pipe sections~ centerloaded. 4. Provide required testing equipment and personnel. 5. Repair leaks, and retest until acceptance by the Architect. Final inspection: 1. Clean, adjust, and balance all systems. Verify that: a. Remote control valves are properly balanced; b. Heads are properly adjusted for radius and arc of coverage; c. The installed system is workable, clean, and efficient. INSTRUCTIONS Attach a typewritten legend inside each controller door, stating the areas covered by each remote control valve. After the system has been completed, inspected, and approved, instruct the Owner's maintenance personnel in the operation and maintenance of the system. END OF SE(-~ION .01 IRRIGATION SYSTEM 02441-7 SECTION 02490 TREES, PLANTS, AND GROUND COVER PART i - GENERAL 1.1 DESCRIPTION Work included: Provide trees, plants, and ground cover as indicated on the Drawings, specified herein, and needed for a complete and proper installation. Related work: 1. Documents affecting work of this Section include, but are notnecessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division i of the Specification. 2. Section 02441: I~.~figation system. 1.2 QUALITY ASSURANCE Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are co~letely familiar with the specified requirement and the methods needed for proper performances of the work of this Section. Be Standards: 1. Plants and planting material: Meet or exceed the specifications of Federal, State, and County laws requiring inspection for plant disease and insect control. Quality and size: Comply with current edition of "Horticultural Standards" for number one nursery stock as adopted by American Association of Nurserymen. Ail plants:. a. True to name, w~th one of each bundle or lot' tagged with the name and size of the plants in accordance with standards of practice of American Association of Nurserymen. b. In all cases, botanical names take precendence over common names. 1.3 SUBMITTALS A. Comply with pertinent provisions of Section 01340. Be Product data: Withi~ 35 calendar days after the Contractor has received the Owner's Notice to Proceed, submit: 1. Complete materials list of items proposed to be provided under this Section. 2. 'Complete data on source, size, and quality. · 01 TREES, PLANTS, ~D GROUND COVER 02490-1 1.4 ae Sufficient data to demonstrate compliance with the specified requirements. Upon completion of the work of this Section, and as a condition of its acceptance, deliver to the Architect two copies of a Manual compiled in accordance with the provisions of'Section 01730 of these Specifications. Certificates 1o Require certificates required by law to accompany shipments. 2. Upon completion of the installation, deliver certificates to the Architect. PRODUCT HANDLING Comply with pertinent provisions of Section 01640. Immediately remove from the site plants which are not true to name, and materials which do not comply with the specified requirements, and promptly replace with plants and materials meeting the specified requirements. PART 2 - PRODUCTS 2.1 FERTILIZER ao Provide commercial balanced 11-8-4 fertilizer delivered to the site in bags labeled with the manufacturer's guaranteed analysis. 2.2 SOIL AMENDMENT ~rovide Redwood sawdust nitrogen. fortified with organic 2.3 Be Approved products: 1.. "Tillo"; 2.. "Silver Spade." Apply a 2" layer of shredded bark mulch in all planting beds within two days after planting. Apply. evenly, covering entire planting bed. 2.4 TREE STAKES Unless otherwise indicated on the Drawings, provide pressure treated.Lodgepole Pine stakes, 2" diameter. · 01 TREES, PLANTS, ;~D GROUND COVER 02490-2 2.5 2.6 2.7 ae ae soo General: 1. 2. 3. Provide grass sod which is: Free frQm noxious weed; Grade A recent crop seed; Treated with appropriate fungicide at time of growing; Delivered to the site freshly harvested no more than 24 hrs. prior to installation. Sod: 1. Shall be freshly harvested tall fescue. PLANT MATERIALS Upon arrival at the site of the project, each tree or shrub shall be subject to inspection by the Architect. All plant material c,vergrown and rootbound, too recently canned, diseased, unhealthy, undersized, badly shaped, or wit~ damaged rootballs will be considered unacceptable and shall be removed from the site by the Contractor at his own cost. OTHER MATERIALS Provide other materials, not specifically described but required for a complete .and proper installation, as selected by the Contractor subject to the approval of 'the Architect. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS ae Examine the areas and conditions under which work of this Section'will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 3.2 SPREADING TOPSOIL A. Finish grading will be performed under Section 02220. Upon completion of finish grading, perform fine grading required in planting areas, using soil obtained from the site. Ce Raised planter beds: 1. Backfill with a mixture consisting .of two parts topsoil and one part specified soil amendment, by volume. .01 TREES, PLANTS, AND GROUND COVER 02490-3 3.3 Ce Place the backfill mixture in layers not exceeding 8" uncompacted thickness. Compact each layer by thorough saturation with water to prevent future settlement to a level 2" - 3" from top of planter wall. PLANTING TREES AND SHRUBS General: 1. Plant nursery stock immediately upon delivery to the site.and approval by the Architect except that, if this is not feasible, heel-in all bare root and balled materials with damp soil and protect from sun and wind. 2. Regularly water nur~sery stock .in containers, and place them in a cool area protected from sun and drying winds. Excavating: 1. For shrubs in one gal containers, dig a hole 12" in diameter and 12" deep. 2. For shrubs and trees in five gal containers, dig~a hole 20" in diameter and 18" deep. 3. For trees in 15 gal containers, dig a hole 30" in diameter and 30" deep. 4. At holes more than 12" deep, probe by hand to determine if mechanical auger will hit any in- place utilities. Planting: 1. Fill holes with backfill mixture consisting of three parts soil taken from the hole and one part specified soil amendment, by volume. 2. Fill to proper height to receive the plant, and thoroughly tamp the mixture before setting the plant. 3. Set plant in upright position in the center of the hole, and compact the backfill mixture around the ball or roots. 4. Thoroughly water each plant when the hole is 2/3 full. 5. After watering, tamp the soil in place until the surface of the backfill is level with the ~ surrounding area and the crown of the plant is at the finished grade of the surrounding area. 6. Build up a temporary watering basin around the base of each tree and shrub, unless otherwise directed by the Architect, except no basins around trees and shrubs in turf area or in raised planter beds. Apply the specified mulch to a depth of 2", evenly spread over the entire area of each soil basin. .01 TREES, PLANTS, AND GROUND COVER 02490-4