No preview available
HomeMy WebLinkAboutContract ♦.. `"�+' CAG-04-101 4AIA ss Document A101TM — 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED Sepk-mkler 1 AGREEMENT made as of the it) day of Amtu&kn the year of 2004 (In words, indicate day,month and year) BETWEEN the Owner: (Name,address and other information) City of Renton-Kelly Beymer,Project Manager ADDITIONS AND DELETIONS: The author of this document has 11055 Renton,n,Grady A 98055 added information needed for its Denton,WA 98U55 completion.The author may also have revised the text of the original AIA standard form.An and the Contractor: Additions and Deletions Report (Name,address and other information) that notes added information as well as revisions to the standard Buchanan General Contracting Co. form text is available from the P.O.Box 40069 author and should be reviewed. Bellevue,WA 98015-4069 A vertical line in the left margin of this document indicates where The Project is: the author has added necessary (Name and location) information and where the author has added to or deleted from the Reconstruction of 8th Green and Hillside Drainage original AIA text. Maplewood Golf Course This document has important 4050 Maple Valley Highway legal consequences. Renton,WA 98058 Consultation with an attorney is encouraged with respect to The Architect is: its completion or modification. (Name,address and other information) AIA Document A201-1997, John Stedel-Golf Course Architect General Conditions of the Contract for Construction,is P.O:Box 5566 adopted in this document by Kennewick WA 99336 reference.Do not use with other general conditions unless this The Owner and Contractor agree as follows. document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AIA Document At01TM—1997.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document,or any portion of It may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:56:31 on 08/20/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (2053782034) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it di,f,�ers from the date of this Agreement or, if applicable,state that the date will be fixed in a notice to proceed.) August 20,2004! If,prior to the commencement of the Work,the Owner requires time to file mortgages,mechanic's liens and other security interests,the Owner's time requirement shall be as follows: §32 The Contract Time shall be measured from the date of commencement. I §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than thirty(30)days from the date of commencement,or as follows: (Insert number of calendardays.Alternatively,a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents,insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions,if any,for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) Liquidated damages—Fifty dollars($50.00)per day ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contrast.The Contract Sum shall be One hundred fifty-four thousand,three hundred thirty-three dollars and no cents ($154,333.00),subject to additions and deductions as provided in the Contract Documents. §42 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement,attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A101 TM—1997.Copyright 0 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA`Document Is protected by U.S.Copyright Law and International Treaties. Z Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:56:31 on 08/20/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (2053782034) -41se' §4.3 Unit prices,if any,are as follows: Description Units Price($0.00) ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as'follows: 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment to the Contractor not later than the day of the same month.If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than ( )days after the Architect receives the Application for Payment. §5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1,6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: 1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of five percent(5%). Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; 2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent(5%); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. §'5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and AIA Document A1101 M—1997.Copyright 01915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:56:31 on 08/20/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (2053782034) +r.a 'rrrf (Section 9.8.5 of ALA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor,any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-1997. 5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work,to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above,and this is not explained elsewhere in the Contract Documents,insert here provisions for such reduction or limitation.) §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. J 5.2 FINAL PAYMENT §5.2.1 Fatal payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997,and to satisfy other requirements, if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. 5.2.22 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: ARTICLE 6 TERMINATION OR SUSPENSION §6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE7 MISCELLANEOUS PROVISIONS 17.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. / (Insert rate of interest agreed upon,if any.)+# oq i ( )per annum (Usury lows and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business,the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) §7.3 The Owner's representative is: (Name,address and other information) AIA Document A101TM—1997.Copyright 0 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:56:31 on 08/20/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (2053782034) o.r � Kelly Beymer,Golf Course Manager City of Renton 1055 S.Grady Way Renton,WA 98055 §7.4 The Contractor's representative is: (Name,address and other information) Dennis S.Buchanan,President Buchanan General Contracting Co. P.O.Box 40069' Bellevue,WA 98015-4069 §7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §7.8 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS §8.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,AIA Document A101-1997. §8.12 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Document A201-1997. §8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows Document Title Pages Project Manual Division 1 71 Project Manual Division 2 23 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3,and are as follows: (Either list the Speciftwatons here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Project Manual,Division 3—Sitework: Special Conditions(pp. 1-4),Technical Specifications(pp. 1-24)' §8.1.5 The Drawings are as follows,and are dated July 27,2004 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Typical Green Detail,Drainage Details,Irrigation Plan(all included in Project Manual); Outline Specifications&Details(Sheets 1&2) 8.1.8 The Addenda,if any,are as follows: Number Date Pages Addendum#1 August 5,2004 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. AIA Document A701TM—1997.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIAs Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:56:31 on 08/20/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (2053782034) §8.1.7 Other documents,if any,forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents.ALA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies,of which one is to be delivered to the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. C?(�4 ", ,tj^ OWNER(Signature) 'CONTRACTOR(Signature) Kathy Keolker-Wheeler,Mayor k L' Zt;S k 0L-- 1 (Printed name and title) (Printed name and title) ATTEST(Signature) VC,C .Bonnie Walton,City Clerk (Printed name and title) } i k •y.x AIA Document A101 TM—1997.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document Is protected by U.S.Copyright Law and International Treaties. s Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extant possible under the law. This document was produced by AIA software at 10:56:31 on 08/20/2004 under Order N0.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (2053782034) BOND TO THE CITY OF RENTON 6yy.' Bond No. 08761276 fi;.:.. KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned Buchanan General Contracting Company Maryland as principal, and Fidelity and Deposit Compan y of corporation organized and existing under the laws of the State of Maryland as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum of$154,333-00---for the payment of which sum on demand we bind ourselves and our successors,heirs,administrators or person representatives,as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinance of the City of Renton. Dated at A Washington,this. --day of 200 Nevertheless,the conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG- .-. providing for construction of Reconstruction of 8th Green and Hillside Drainage Maplewood Golf Course, 4050 Maple Val e,A way, Renton, WA 98058 the principal is required to furnish a bond for the faithful performance of the contract; and WHEREAS, the principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth,or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal,or any subcontractor in the performance of said work,and shall indemnify and hold the City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Denton, then and in that event this obligation shall be void;but otherwise it shall be and remain in full force and effect. Buchanan General Contracting Company. Fidelity and Deposit Company of Maryland 'ncipal Surety 1&4 By. Signature — 5 S gnature Darlene Jakie ski t D(,j—� Attorney—In—Fact Title Title Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C. ROGERS,Vice President,and T.E. SMITH,Assistant Secretary,in pursuance of authority granted by Article V1,Section 2, of the By-Laws of said Compan h' y, w _ set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d1wsl lba inate,constitute and appoint Nancy J.OSBORNE,Darlene JAKIELSKI,Julie M.GLOVFR1X~ ia� �IO� Viki BAUM,all of Bothell,Washington, EACH its true and lawful agent and }fit `' ��tbtfnaCeq� � Td deliver, for,and on its behalf as surety,and as its act and deed:any and,all tSo�i d ��der v 1}e xecution of such bonds or undertakings in pursuance of these present 1 e•t nt�m� t `CaliiIlarry;as fully and amply, to all intents and purposes,as if they had been d r 2�: t�t'W ac n¢ault't� y�th ebularly elected officers of the Company at its office in Baltimore,Md., i p p s" i attorney revokes that issued on behalf of Nancy J. OSBORNE,Darlene 3 16 Roxana PALACIOS,dated September 2, 2003. The said Assistants , eseieby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Lkjs crI'said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of January, A.D. 2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND � +cP"Qrv, c• O O W � By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland SS: City of Baltimore On this 13th day of January, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their si(Tnatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. o�aa�S R.N4),Z xwa.ocwnr ....uHo Dennis R. Ha-i'den Notar.v Public My Commission Expires: February 1, 2005 POA-F 180-2466A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of ob�41_c� Assistant Serretury ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7%of direct earned premium in the prior year; for 2004, 10%of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier(as defined in section 40102 of title 49,United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -0050749.doc CITY OF RENTON Combined Affidavit and Certification form: ' Non-Collusion,Anti-Trust,and Minimum Wage (Non-Federal Aid) NON-COLLUSION AFFIDAVIT Being duly sworn, deposes and says, that he is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over other Bidder or Bidders. AND CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually borne by the purchaser. Therefor, vendor hereby assigns to purchaser any and all claims for such over- charges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having been duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract: that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: NON COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT City of Renton Maplewood Golf Course - Project No. 09-2004 Name of Project Buchanan General Contracting Company Name of Bidder's Firm cz 1, 1J Signature of Authorized Representative of Bidder Subscribed and sworn to before me on this 9th day of August ,200 4. wtv ill ..........N. Notary Public in and for the Stale of Washington s41: •;Z Notary(Print) Donna Thorlakson My appointment expires: 7/29/07 'NIL% 1�`:$ PAGE 1 igtN Award Date: 71 Ito/z00 CAG_04-101 Awarded to: ' Buchanan General Contracting Co.- P.O. Box 40069 Bellevue, WA 98015-4069 $154,333.00 �Y O ti Bidding Requirements Contract Forms Conditions of the Contract Plans and Specifications N PROJECT MANUAL City of Renton Maplewood Golf Course Reconstruction of 8th Green and Hillside Drainage PROJECT NO. 09-2004 L City of Renton Maplewood Golf Course 4050 Maple Valley Highway Renton WA 98058 Project Manager: Kelly Beymer Phone: 425-430-6803 L ® Printed on Recycled Paper Maplewood Golf Course Reconstruction of 8`f Green and Hillside Drainage Addendum #1 RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE Maplewood Golf Course Renton, WA Distributed to All Current Plan Holders of City Record 5 August 2004 The Addendum forms part of the Contract Documents and modifies the original Documents dated as follows and as noted below in"Modifications to the Project Manual": Project Manual: July 27h,2004 If in conflict with previously issued Contract Documents,this Addendum will supplement and supercede applicable portions of the Contract Documents and shall be reflected in all Proposals. Modification to the Project Manual: Section I—Staking/Part 3—Execution 1. 3.03 Control Points—Item B REPLACE: "Otherwise, Contractor shall establish his own base elevation points to be approved by the Owners Representative and Golf Course Architect." WITH: "City will provide one vertical control point to establish base elevation." END OF ADDENDUM#1 Addendum#1 = 1 Pa eg Total Addendum#1 Page 1 of 1 Z3 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF THE Srn GREEN AND HILLSIDE DRAINAGE INSTRUCTIONS TO BIDDERS 1. Sealed bids for this proposal will be received by the City of Renton at the office of the Renton City Clerk,Renton City Hall,until the time and date specified in the Call for Bids. At this time the bids will be publicly opened and read, after which the bids will be considered and the award made as early as practicable. No proposal may be changed or withdrawn after the time set for receiving bids. Proposals shall be submitted on the forms attached hereto. 2 Any omissions, discrepancies or need for interpretation should be brought, in writing, to the attention of the Project Manager. Written addenda to clarify questions that arise may then be issued. No oral statements by Owner,Engineer, or other representative of the owner shall, in any way, modify the contract documents, whether made before or after letting the contract. 3 The work to be done is shown in the plans and/or specifications. Quantities are understood to be only approximate. Final payment will be based on actual quantities and at the unit price bid. The City reserves the right to add or to eliminate portions of that work as deemed necessary. 4. Plans may be examined and copies obtained at Renton City Hall, Community Services Department,50' floor, 1055 South Grady Way, Renton, Washington. Bidders shall satisfy themselves as to the local conditions by inspection of the site. 5. The bid price for any item must include the performance of all work necessary for completion of that item as described in the specifications. 6. The bid price shall be stated in terms of the units indicated and as to a total amount. In the event of errors,the unit price bid will govern. Illegible figures will invalidate the bid. 7. The right is reserved to reject any and/or all bids and to waive informalities if it is deemed advantageous to the City to do so. 8. A certified check or satisfactory bid bond made payable without reservation to the Director of Finance of the City of Renton in an amount not less than 5% of the total amount of the bid shall accompany each bid proposal. Checks will be returned to unsuccessful bidders immediately following the decision as to award of contract. The check of the successful bidder will be returned provided he enters into a contract and furnishes a satisfactory performance bond covering the full amount of the work within ten days after receipt of notice of intention to award contract. Should he fail, or refuse to do so,the check shall be forfeited to the City of Renton as liquidated damage for such failure. 9. All bids must be self-explanatory. No opportunity will be offered for oral explanation except as the City may request further information on particular points. 10. The bidder shall, upon request, furnish information to the City as to his financial and practical ability to satisfactorily perform the work. 11. Payment for this work will be made in Cash Warrants. 12. The contractor shall obtain such construction insurance (e.g. fire and extended coverage, worker's compensation, public liability, and property damage as indicated on forms enclosed under Attachment A herein and as identified within Specification Section 1-07.18). Instructions to Bidders PAGE 1 f MAPLEWOOD GOLF C( JRSE RECONSTRUCTION OF TIME 8TH GREEN AND HILLSIDE DRA AGE ' 13. The contractor, prior to the start of construction, shall provide the City of Renton a detailed bar chart type construction schedule for the project. 14 Before starting work under this contract, the Contractor is required to supply information to the City of Renton on all chemical hazards Contractor is bringing into the work place and potentially exposing City of Renton Employees. 15. Payment retainage shall be done in accordance with Section 1-09.9(2) ,Retainage and Section" 1-09.9(3) "Contracting Agency's Right to Withhold and Disburse Certain Amounts" located in City of Renton Supplemental Specifications. 16. Basis For Approval The construction contract will be awarded by the City of Renton to the lowest, responsible, qualified, responsive bidder. The bidder shall bid on all bid schedules items of all schedules set forth in the bid forms to be considered responsive for award. The total price of all schedules will be used to determine the successful low responsive bidder. Partial bids will not be accepted. The owner reserves the right to award any or all schedules of the Bid to meet the needs of the City. The intent is to award to only one BIDDER. 17. Payment of Prevailing Wages In accordance with Revised Code of Washington Chapters 39.12 and 49.28 as amended or supplemented herein, there shall be paid to all laborers, workmen or mechanics employed on this contract the prevailing rate of wage for an hour's work in the same trade or occupation in the area of work regardless of any contractual relationship which may exist, or be alleged to exist, between the CONTRACTOR and any laborers,workmen,mechanics or subconsultants. The most recent issue of the prevailing wage rates are included within these specifications under section titled"Prevailing Minimum Hourly Wage Rates". The Contractor is Responsible for obtaining updated issues of the prevailing wage rate forms as they become available during the duration of the contract. The wage rates shall be included as part of any subcontracts the Contractor may enter into for work on this project. 18. Employment of Resident Employees The CONTRACTOR and subcontractors shall employ Washington State residents in accordance with the requirements of RCW 39.16. 19. Pollution Control Requirements Work under this contract shall meet all local, state and federal requirements for the prevention of environmental pollution and the preservation of public natural resources. The CONTRACTOR shall conduct the work in accordance with all applicable pollution control laws. The CONTRACTOR shall comply with and be liable for all penalties, damages, and violations under Chapter 90.48 RCW, in performance of the work. The CONTRACTOR shall also comply with Article 4 in the Puget Sound Air Pollution Control Agency Regulation III regarding removal and encapsulation of asbestos materials. Instructions to Bidders PAGE 2 i MAPLEWOOD GOLF COURSE RECONSTRUCTION OF THE STrr GREEN AND HHJL SIDE DRAINAGE 20. Standard Specifications All work under this contract shall be performed in accordance with the following standard specifications except as may be exempted or modified by the City of Renton Supplemental Specifications, Special Provisions other sections of these contract documents. These standard specifications are hereby made a part of this contract and shall control and guide all activities within this project whether referred to directly,paragraph by paragraph, or not. 1. WSDOT/APWA "1996 Standard Specifications for Road,Bridge and Municipal Construction" and "Division 1 APWA Supplement" hereinafter referred to by the abbreviated title "Standard Specifications." A. Any reference to"State," "State of Washington," "Department of Transportation," "WSDOT," or any combination thereof in the WSDOT/APWA standards shall be modified to read "City of Renton," unless specifically referring to a standard specification or test method. B. All references to measurement and payment in the WSDOT/APWA standards shall be detected and the measurement and payment provisions of Section 1-09.14,Measurement and Payment(added herein)shall govern. 21. If a soils investigation has been completed,a copy may be included as an appendix to this document. If one has not been provided for this project by the City or Engineer, the Bidders shall familiarize themselves adequately with the project site and existing subsurface condition as needed to submit their bid. Upon approval of the City, the Bidder may make such subsurface explorations and investigations as they see fit. The Bidder shall be responsible for protection of all existing facilities, utilities and other buried or surface improvements and shall restore the site to the satisfaction of the City. • Instructions to Bidders PAGE 3 r MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN HILLSIDE DRAINAGE BIDDER'S CHECKLIST BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms, which must be executed in full as required and submitted with the bid: 1. Proposal The bid price shall be stated in terms of a total lump. Illegible figures may invalidate the bid. 2. Proposal Signature Sheet To be filled in and signed by the Bidder. 3. Bid Bond No bond form other than the form provided within these specifications shall be acceptable to the contracting agency. The form shall be executed by the Bidder and the surety company unless bid is accompanied by a certified check. The proposal bond shall not be altered, conditioned, or modified in any way. The amount of this bond shall be not less that five (5%)of the total amount of the bid and may be shown in dollars or on a percentage basis. 4. Statement of Bidder's Qualifications To be filled in and signed by the bidder. 5. Statement of Preferred Bidder Qualifications To be filled in and signed by the bidder. 6. Non-Collusion Affidavit To be signed and submitted with the bid. Failure to complete the aforementioned fonm and to submit said forms with the bid shall be due cause for rejection of the bid. END OF SECTION Bidder's Checklist PAGE 1 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE STATEMENT OF BIDDER'S QUALIFICATIONS Maplewood Golf Course Statement of Bidder's Qualifications Each Contractor bidding on work included in these contract documents shall prepare and submit the data requested in the following schedule of information: This data sheet must be included in and made a part of each bid document. 1. Name of bidder: 2. State of Washington Contractor's License No.: Expiration Date: 3. Business address: 4. How many years have you been engaged in the contracting business under the present name? 5. Contracts now in hand. Gross Amount $ 6. General character of work performed by your company. 7. List last 4 important construction projects (in order) your company has performed including approximate costs and name and phone number of Architect or Owner. (Projects listed should be limited within the past 5 years). 8. List your major equipment. 9. Bank references & phone: 10. Bonding Company& phone: Statement of Bidder's Qualifications PAGE 1 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 0 GREEN AND HILLSIDE DRAINAGE ,STATEMENT OF BIDDER'S QUALIFICATIONS 11. List last 4 golf course projects your company has performed, including approximate costs and name and phone number or of Architect and Owner, as well as date completed and a brief description of the project. Statement of Bidder's Qualifications PAGE 2 MAPLEWOOD GOLF COURSE RECONrSTRUCTION OF 8'H GREEN AND HILLSIDE DRAINAGE STATEMENT OF PREFERRED QUALIFICATIONS Maplewood Golf Course Statement of Preferred Qualifications The statement of Preferred Qualifications, or equivalent, which is listed below, will be considered by the City of Renton in determining the lowest qualified and responsible Bidder. The undersigned submits below a statement of work of similar scope and character to the work being considered under this proposal satisfactorily and successfully completed within the past ten years. Please include the date, the work that was performed, and a contact name. A. GENERAL CONTRACTOR 1. GENERAL CONTRACTOR— Minimum of two 18 hole golf course construction projects or reconstruction projects of 20 Greens and 20 fairways or equivalent. JOB CONTACT DATE (Name, Address & Phone) 2. FOREMAN RESPONSIBLE FOR CONSTRUCITON OF THIS PROJECT: Minimum of two 18 hole golf course construction projects or reconstruction projects of 20 Greens and 20 fairways or equivalent: JOB CONTACT DATE (Name, Address & Phone) Statement of Preferred Qualifications PAGE 1 MAPLEWOOD GOLF COURSE DECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE BID BOND FORM BID BOND FORM Herewith find deposit in the form of a certified check, cashier's check, cash, or bid bond in the amount of$ which amount is not less than five percent of the total bid. Signature Know All Men by These Presents: That we, as Principal, and as Surety, are held and firmly bound unto the City of Renton, as Obligee, in the penal sum of Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so,pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids,then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED,SEALED AND DATED THIS DAY OF , 200_. Principal Surety Received return of deposit in the sum of$ Bid Bond Form PAGE 1 CITY OF RENTON MAPLEWOOD GOLF COURSE PROJECT NUMBER 09-2004 RECONSTRUCTION OF 8'H GREEN AND HILLSIDE DRAINAGE BID PROPOSAL TO THE CITY OF RENTON RENTON,WASHINGTON Ladies and/or Gentlemen: The undersigned hereby certify that the bidder has examined the site of the proposed work and have read and thoroughly understand the plans, specifications and contract governing the work embraced in this improvement,and the method by which payment will be made for said work, and hereby propose to undertake and complete the work embraced in this improvement,or as much thereof as can be completed with the money available, in accordance with the said plans, specifications and contract: (Note: Total amount of bid should be shown. Show bid amount both in writing and in figures.) Bid amount $ Sales Tax $ BID TOTAL $ Printed Name: Signature: Address: Phone: Fax: Bid Proposal PAGE 1 CITY OF RENTON ' Combined Affidavit and Certification form: Non-Collusion,Anti-Trust,and Minimum Wage (Non-Federal Aid) NON-COLLUSION AFFIDAVIT Being duly sworn, deposes and says, that he is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over other Bidder or Bidders. AND CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually borne by the purchaser. Therefor, vendor hereby assigns to purchaser any and all claims for such over- charges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having been duly sworn,deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract: that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: NON COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT Name of Project Name of Bidder's Firm Signature of Authorized Representative of Bidder Subscribed and sworn to before me on this day of ,200_. Notary Public in and for the State of Washington Notary(Print) My appointment expires: PAGE 1 to rrr PROJECT MANUAL for Reconstruction of 8h Green and Hillside Drainage at MAPLEWOOD GOLF COURSE 40 S 0 Maple Valley Highway RENTON, WASHINGTON 98058 Owner: CITY OF RENTON MAPLEWOOD GOLF COURSE 4050 Maple Valley Highway Renton, WA 98058 Kelly Beymer, Project Manager Ph: 42S-430-6803 Fax: 42S-430-6801 Architect: John Steidel P. O. Box 6566 Kennewick, WA 99336 Date: July 2 7, 2004 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T"GREEN AND HILLSIDE DRAINAGE TABLE OF CONTENTS 40 TITLE NUMBER OF PAGES No Table of Contents ............... 1 ..................................................................................................... DIVISION 1 - BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT Synopsisof Bidding Information ..............................................................................................2 rInvitation to Bid........................................................................................................................ 1 Callfor Bids............................................................................................................................. 1 Scopeof Work......................................................................................................................... 1 Instructions to Bidders/Bidder's Checklist (also inserted separately) .......................................4 Statement of Bidder's Qualifications (also inserted separately) ...............................................2 Statement of Preferred Bidder Qualifications (also inserted separately) .................................. 1 Bid Bond Form (also inserted separately)................................................................................ 1 Bid Proposal (also inserted separately)....................................................................................5 Non-Collusion, Anti-Trust, Minimum Wage Form (also inserted separately) ............................ 1 General Conditions of the Contract (AIA)...............................................................................45 Bond to the City of Renton Form 1 Insurance & Related Requirements.........................................................................................6 DIVISION 2 - GENERAL REQUIREMENTS Americans with Disabilities Act Policy...................................................................................... 1 FairPractices Policy................................................................................................................ 1 �r Fair Practices Policy Affidavit................................................................................................... 1 Affidavitof Wages Paid ........................................................................................................... 1 Certification of Payment of Prevailing Wages.......................................................................... 1 1rApplication for Payment........................................................................................................... 1 SpecialProvisions....................................................................................................................7 ChangeOrders........................................................................................................................2 .r Regulatory Requirements........................................................................................................ 1 QualityControl......................................................................................................................... 1 Inspectionsand Tests..............................................................................................................2 ProjectCloseout ......................................................................................................................4 rrr, DIVISION 3— SITEWORK SpecialConditions....................................................................................................................4 rTechnical Specifications ..........................................................................................................24 Drawings ................................................................................................................................3 Plan ........ ...............................................................................................................................2 rr Table of Contents PAGE 1 rr BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT DIVISION 1 L MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T" GREEN AND HILLSIDE DRAINAGE SYNOPSIS OF BIDDING INFORMATION 1. PROJECT: RECONSTRUCTION OF 8T" GREEN AND HILLSIDE DRAINAGE r Maplewood Golf Course 4050 Maple Valley Highway Renton, WA 98058 �rrr 2. OWNER: City of Renton Represented by Leslie Betlach, Parks Director Renton City Hall 1055 South Grady Way Renton, WA 98055 Phone (425) 6619 3. OWNERS REPRESENTATIVE: Kelly Beymer, Golf Course Manager Phone (425) 430-6803 Steve Meyers, Golf Course Superintendent Phone (425) 630-6806 FAX (425) 430-6801 wr 4. GOLF COURSE ARCHITECT: John Steidel P. O. Box 6566 Kennewick, WA 99336 Phone (509) 582-6706 ww 5. BIDS DUE: Monday, August 09, 2004 by 2:30PM Renton City Hall - Seventh Floor—Office of the City Clerk After Bids are received and time-stamped by the City Clerk,the bids will be opened in Conference Room # 521 on the Fifth Floor of City Hall w 6. TENTATIVE SCHEDULE OF WORK: The following dates represent the tentative schedule for the work to be performed under this contract: w� Plans Available for Bidding Tuesday, July 27, 2004 Pre-Bid Site Walk-Thru Tuesday, August 3, 2004 4W 10:00 am Bids Due by 2:30 PM Monday, August 09, 2004 ow Commence Construction Work September 6, 2004 �r. Synopsis of Bidding Information PAGE 1 .w MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T" GREEN AND HILLSIDE DRAINAGE SYNOPSIS OF BIDDING INFORMATION 7. TIME OF CONSTRUCTION: Thirty (30) calendar days. Liquidated damages thereafter at fifty dollars ($50) per day. 8. BID SECURITY: Minimum 5% of bid submitted as cash, certified check, bid bond, or cashiers check. .r 9. PERFORMANCE BOND & PAYMENT BOND: 100% of contract amount. 10. WAGES: Pay state promulgated prevailing wages rates. 11. TYPE OF CONTRACT: Single lump-sum contract encompassing all work. END OF SECTION rr ri err «r� Synopsis of Bidding Information PAGE 2 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8" GREEN AND HILLSIDE DRAINAGE INVITATION TO BID CITY OF RENTON COMMUNITY SERVICES DEPARTMENT .r MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T" GREEN AND HILLSIDE DRAINAGE rrr You are invited to submit a sealed bid for the work associated with the reconstruction of the 8th green and hillside drainage at the Maplewood Golf Course, 4050 Maple Valley Highway, Renton, Washington. Bids will be received at the Office of the City Clerk, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton, WA, 98055 until 2:30 P.M., Monday, August 09, 2004. The bids will then be publicly opened and read aloud in the 5th Floor Conference Room #521 of City Hall. Bids received after the specified time and date will not be wr considered. Please see "Scope of work"for project construction information. A single contract bid including general and specialty contracts shall be submitted in accordance with the Drawings, Project Manual, and other contract documents. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bids received. The .r estimated construction cost is $110,000 to $120,000 including tax. The City's fair practices/non-discrimination policies and State Prevailing Wage Rates apply to .�. this project. Bid documents will be available Tuesday, July 27, 2004 and may be obtained at the Community Services Administration Office, Renton City Hall, Fifth Floor, 1055 South Grady Way, Renton (Phone: 425 430 6600), at a non-refundable fee of $15.00 plus $1.32 tax (total $16.32) for each set. Mailing cost is $5 extra per set. Checks only are accepted, payable to the City of Renton. Questions about the project shall be addressed to Kelly Beymer, Maplewood Golf Course, 4050 Maple Valley Highway, Renton, WA, 98058, phone (425) 430-6803, fax (425) 430-6801. A pre-bid site walk-through will be held on Tuesday, August 3, 2004 at 10:00 A.M. at the site. Each bidder is fully responsible for familiarizing himself with the work and the site conditions. Attendance by bidders is recommended. The successful bidder shall enter into a contract in accordance with the bid and shall furnish a Performance Bond in the amount of 100% of amount bid. err w Invitation to Bid PAGE 1 r. a. CAG-04-101 CITY OF RENTON ,. CALL FOR BIDS Reconstruction of the 8th Green and Hillside Drainage at the Maplewood Golf Course You are invited to submit a sealed bid for the Reconstruction of the 8th Green and Hillside Drainage at the Maplewood Golf Course, Renton, Washington. Sealed bids will be accepted until 2:30 p.m. on Monday, August 09, 2004 at the City Clerk's office, 7"' floor and will be opened and publicly read in conference room 521 on the 5`h floor, Renton City Hall, 1055 South Grady Way, Renton WA 98055. The work to be performed within 30 working days from the scheduled date of commencement of ow September 6, 2004 under this contract and shall include, but not be limited to: Obtain Grade&Fill Permit; Clearing and offsite disposal of noted stumps,tree, vegetation, and debris; Rough grading; Purchase and install drain lines; Shaping one green basin; Purchase, placement, and rn shaping of gravel USGA Greens Mix; Trench irrigation lines, cap with fairway sand and finish grade; Clean-up and repair damage. All of the above noted on"Scope of Work". The City reserves the right to reject any and/or all bids and to waive any and/or all informalities. Approved plans and specifications and contract forms may be obtained from the City of Renton, Community Services Department, Fifth Floor Customer Service Counter, 1055 South Grady Way, Renton, WA 98055 beginning Tuesday, July 27, 2004. There is a non-refundable fee of$15.00 plus $1.32 Tax (Total $16.32) for each set. If ordered by mail, add $5.00 for postage, which is also non- refundable. No telephone orders will be accepted. Questions regarding this call for bids should be directed to Kelly Beymer, Golf Course Manager, Maplewood Golf Course, 4050 Maple Valley Highway, Renton, Washington, 425.430.6803, fax 425.430.6801. r A pre-bid walk through will be held on Tuesday, August 3, 2004 at 10:00 a.m. at the Maplewood Golf Course Driving Range Lobby. Attendance by bidders is recommended. A certified check or bid bond in the amount of five percent (5%) of the total of each bid must accompany each bid. The City's Fair Practices,Non-Discrimination, and Americans with Disability Act Policies shall apply. air Contract payment will be made as a lump sum payment upon completion of the project and successful release of all liens. ID ar +� Bonnie I.Walton, City Clerk ar Published: Daily Journal of Commerce Monday,July 26,2004 Daily Journal of Commerce Monday, August 2,2004 air • Call for Bids Page 1 VM irr CITY OF RENTON MAPLEWOOD GOLF COURSE Reconstruction of the 8th Greeen and Hillside Drainage SCOPE OF WORK irr The work involved under the terms of this contract document shall be full and complete installation of the project, as shown on the plans and as described in the construction specifications, to include but not be limited to: 40 • Obtain Grading and Fill Permit • Clearing and offsite disposal of stumps and dead cedar • Clear site of vegetation and debris, install erosion control as necessary • Rough grading including topsoil work, installation of perforated and non-perforated drainlines and catch basins • Shaping of one green basin err • Purchase and install of all drainlines and catch basins • Purchase,placement and shaping of gravel USGA Greens Mix • Trenching of irrigation lines as directed by the Golf Course Superintendent • Cap with fairway sand and finish grade • Cleanup and repair of any damage Any contractor connected with this project shall comply with all Federal, State, County, and City 10 codes and regulations applicable to such work and perform the work in accordance with the plans and specifications of this contract document. A total of 30 working days will be allowed for the completion of this project. �r The estimated project cost is $110,000.00 to$120,000.00. rr w ow M Scope of Work PAGE 1 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF THE 81*H GREEN AND HILLSIDE DRAINAGE INSTRUCTIONS TO BIDDERS trr 1. Sealed bids for this proposal will be received by the City of Renton at the office of the Renton City Clerk, Renton City Hall, until the time and date specified in the Call for Bids. At this time the bids will be publicly opened and read, after which the bids will be considered and the award made as early as practicable. No proposal may be changed or withdrawn after the time set for receiving bids. Proposals shall be submitted on the forms attached hereto. 2 Any omissions, discrepancies or need for interpretation should be brought, in writing, to the attention of the Project Manager. Written addenda to clarify questions that arise may then be issued. irrr No oral statements by Owner, Engineer, or other representative of the owner shall, in any way, modify the contract documents, whether made before or after letting the contract. 3 The work to be done is shown in the plans and/or specifications. Quantities are understood to be only approximate. Final payment will be based on actual quantities and at the unit price bid. The City reserves the right to add or to eliminate portions of that work as deemed necessary. �r 4. Plans may be examined and copies obtained at Renton City Hall, Community Services Department, 5h floor, 1055 South Grady Way, Renton, Washington. Bidders shall satisfy themselves as to the local conditions by inspection of the site. rn 5. The bid price for any item must include the performance of all work necessary for completion of that item as described in the specifications. +rr 6. The bid price shall be stated in terms of the units indicated and as to a total amount. In the event of errors,the unit price bid will govern. Illegible figures will invalidate the bid. rrr 7. The right is reserved to reject any and/or all bids and to waive informalities if it is deemed advantageous to the City to do so. 8. A certified check or satisfactory bid bond made payable without reservation to the Director of Finance of the City of Renton in an amount not less than 5% of the total amount of the bid shall accompany each bid proposal. Checks will be returned to unsuccessful bidders immediately following the decision as to award of contract. The check of the successful bidder will be returned provided he enters into a contract and furnishes a satisfactory performance bond covering the full amount of the work within ten days after receipt of notice of intention to award contract. Should he fail, or refuse to do so,the check shall be forfeited to the City of Renton as liquidated damage for such failure. 9. All bids must be self-explanatory. No opportunity will be offered for oral explanation except as the + City may request further information on particular points. 10. The bidder shall, upon request, furnish information to the City as to his financial and practical ability to satisfactorily perform the work. 11. Payment for this work will be made in Cash Warrants. ■r 12. The contractor shall obtain such construction insurance (e.g. fire and extended coverage, worker's compensation, public liability, and property damage as indicated on forms enclosed under Attachment A herein and as identified within Specification Section 1-07.18). Instructions to Bidders PAGE MAPLEWOOD GOLF COURSE Ali RECONSTRUCTION OF THE 8'u GREEN AND HILLSIDE DRAINAGE 13. The contractor, prior to the start of construction, shall provide the City of Renton a detailed bar chart type construction schedule for the project. 14 Before starting work under this contract,the Contractor is required to supply information to the City of Renton on all chemical hazards Contractor is bringing into the work place and potentially exposing City of Renton Employees. 15. Payment retainage shall be done in accordance with Section 1-09.9(2) "Retainage and Section" 1-09.9(3) "Contracting Agency's Right to Withhold and Disburse Certain Amounts" located in City of Renton Supplemental Specifications. 16. Basis For Approval The construction contract will be awarded by the City of Renton to the lowest, responsible, qualified, responsive bidder. The bidder shall bid on all bid schedules items of all schedules set forth in the bid forms to be considered responsive for award. The total price of all schedules will be used to determine the successful low responsive bidder. Partial bids will not be accepted. The owner reserves the right to award any or all schedules of the Bid to meet the needs of the City. The intent is to award to only one BIDDER. 17. Payment of Prevailing Wages In accordance with Revised Code of Washington Chapters 39.12 and 49.28 as amended or supplemented herein, there shall be paid to all laborers, workmen or mechanics employed on this contract the prevailing rate of wage for an hour's work in the same trade or occupation in the area of work regardless of any contractual relationship which may exist, or be alleged to exist, between the CONTRACTOR and any laborers, workmen,mechanics or subconsultants. The most recent issue of the prevailing wage rates are included within these specifications under section titled"Prevailing Minimum Hourly Wage Rates". The Contractor is Responsible for obtaining updated issues of the prevailing wage rate forms as they become available during the duration of the contract. The wage rates shall be included as part of any subcontracts the Contractor may enter into for work on this project. 18. Employment of Resident Employees The CONTRACTOR and subcontractors shall employ Washington State residents in accordance with the requirements of RCW 39.16. Nit 19. Pollution Control Requirements Work under this contract shall meet all local, state and federal requirements for the prevention of environmental pollution and the preservation of public natural resources. The CONTRACTOR shall conduct the work in accordance with all applicable pollution control laws. The CONTRACTOR shall comply with and be liable for all penalties, damages, and violations under Chapter 90.48 RCW, in performance of the work. The CONTRACTOR shall also comply with Article 4 in the Puget Sound Air Pollution Control Agency Regulation III regarding removal and encapsulation of asbestos materials. Instructions to Bidders PAGE 2 IN MAPLEWOOD GOLF COURSE RECONSTRUCTION OF THE 8 ..GREEN AND HILLSIDE DRAINAGE 20. Standard Specifications iir All work under this contract shall be performed in accordance with the following standard specifications except as may be exempted or modified by the City of Renton Supplemental Specifications, Special Provisions other sections of these contract documents. These standard specifications are hereby made a part of this contract and shall control and guide all activities within this project whether referred to directly, paragraph by paragraph, or not. 1. WSDOT/APWA "1996 Standard Specifications for Road, Bridge and Municipal Construction" and 'Division 1 APWA Supplement" hereinafter referred to by the abbreviated title "Standard Specifications." A. Any reference to"State," "State of Washington," "Department of Transportation," "WSDOT," or any combination thereof in the WSDOT/APWA standards shall be modified to read "City of Renton," unless specifically referring to a standard specification or test method. B. All references to measurement and payment in the WSDOT/APWA standards shall be detected and the measurement and payment provisions of Section 1-09.14,Measurement and Payment(added herein)shall govern. 21. If a soils investigation has been completed, a copy may be included as an appendix to this document. r If one has not been provided for this project by the City or Engineer, the Bidders shall familiarize themselves adequately with the project site and existing subsurface condition as needed to submit their bid. Upon approval of the City, the Bidder may make such subsurface explorations and investigations as they see fit. The Bidder shall be responsible for protection of all existing facilities, utilities and other buried or surface improvements and shall restore the site to the satisfaction of the City. ow W 10 err it Instructions to Bidders PAGE 3 irr Im MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN HILLSIDE DRAINAGE BIDDER'S CHECKLIST is BIDDER'S CHECKLIST to The bidder's attention is especially called to the following forms, which must be executed in full as required and submitted with the bid: 60 1. Proposal The bid price shall be stated in terms of a total lump. Illegible figures may invalidate the bid. go 2. Proposal Signature Sheet To be filled in and signed by the Bidder. to 3. Bid Bond No bond form other than the form provided within these specifications shall be rr acceptable to the contracting agency. The form shall be executed by the Bidder and the surety company unless bid is accompanied by a certified check. The proposal bond shall not be altered, conditioned, or modified in any way. The amount of this bond shall be not less that five (5%) of the total amount of the bid and may be shown in dollars or on a percentage basis. 4. Statement of Bidder's Qualifications To be filled in and signed by the bidder. 5. Statement of Preferred Bidder Qualifications To be filled in and signed by the bidder. 6. Non-Collusion Affidavit To be signed and submitted with the bid. Failure to complete the aforementioned forms and to submit said forms with the bid shall be due cause for rejection of the bid. END OF SECTION rrr rr. Bidder's Checklist PAGE 1 r MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE STATEMENT OF BIDDER'S QUALIFICATIONS Maplewood Golf Course Statement of Bidder's Qualifications Each Contractor bidding on work included in these contract documents shall prepare and submit the data requested in the following schedule of information: This data sheet must be included in and made a part of each bid document. 1. Name of bidder: 2. State of Washington Contractor's License No.: Expiration Date: 3. Business address: 4. How many years have you been engaged in the contracting business under the present name? 5. Contracts now in hand. Gross Amount $ ;r. 6. General character of work performed by your company. 7. List last 4 important construction projects (in order) your company has performed including approximate costs and name and phone number of Architect or Owner. (Projects listed should be limited within the past 5 years). 8. List your major equipment. it 9. Bank references & phone: 10. Bonding Company & phone: Statement of Bidder's Qualifications PAGE 1 No MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE STATEMENT OF BIDDER'S QUALIFICATIONS 11. List last 4 golf course projects your company has performed, including approximate costs and name and phone number or of Architect and Owner, as well as date completed and a brief description of the project. Statement of Bidder's Qualifications PAGE 2 go MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8'GREEN AND HILLSIDE DRAINAGE STATEMENT OF PREFERRED QUALIFICATIONS Maplewood Golf Course Statement of Preferred Qualifications The statement of Preferred Qualifications, or equivalent, which is listed below, will be considered by the City of Renton in determining the lowest qualified and responsible Bidder. The undersigned submits below a statement of work of similar scope and character to the work being considered under this proposal satisfactorily and successfully completed within the past ten years. Please include the date, the work that was performed, and a contact name. A. GENERAL CONTRACTOR 1. GENERAL CONTRACTOR — Minimum of two 18 hole golf course construction projects or reconstruction projects of 20 Greens and 20 fairways or equivalent. JOB CONTACT DATE (Name, Address & Phone) 2. FOREMAN RESPONSIBLE FOR CONSTRUCITON OF THIS PROJECT: Minimum of two 18 hole golf course construction projects or reconstruction projects of 20 Greens and 20 fairways or equivalent: JOB CONTACT DATE (Name, Address & Phone) Statement of Prefer ed Qualifications PAGE 1 im MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE BID BOND FORM BID BOND FORM Herewith find deposit in the form of a certified check, cashier's check, cash, or bid bond in the amount of$ which amount is not less than five percent of the total bid. Signature Know All Men by These Presents: That we, as Principal, and as Surety, are held and firmly bound unto the City of Renton, as Obligee, in the penal sum of Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids,then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount ift of this bond. SIGNED, SEALED AND DATED THIS DAY OF , 200_. rr Principal Surety as Received return of deposit in the sum of$ rir �r irr Bid Bond Form PAGE 1 rr CITY OF RENTON MAPLEWOOD GOLF COURSE PROJECT NUMBER 09-2004 RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE BID PROPOSAL TO THE CITY OF RENTON RENTON,WASHINGTON Ladies and/or Gentlemen: The undersigned hereby certify that the bidder has examined the site of the proposed work and have read and thoroughly understand the plans, specifications and contract governing the work embraced in this improvement, and the method by which payment will be made for said work, and hereby propose to undertake and complete the work embraced in this improvement, or as much thereof as can be completed with the money available, in accordance with the said plans, specifications and contract: (Note: Total amount of bid should be shown. Show bid amount both in writing and in figures.) Bid amount $ Sales Tax $ BID TOTAL $ be Printed Name: Signature: Address: irr Phone: rrr Fax: r. Bid Proposal PAGE 1 r.r CITY OF RENTON Combined Affidavit and Certification form: Non-Collusion,Anti-Trust,and Minimum Wage (Non-Federal Aid) NON-COLLUSION AFFIDAVIT Being duly sworn, deposes and says, that he is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over other Bidder or Bidders. trr AND CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually borne by the purchaser. Therefor, vendor hereby assigns to purchaser any and all claims for such over- charges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having been duly sworn, deposed, say and certify that in connection with the performance of the work err of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract: that I have read the above and foregoing statement and certificate, know the contents thereof and the substance go as set forth therein is true to my knowledge and belief. FOR: NON COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND to MINIMUM WAGE AFFIDAVIT Name of Project Name of Bidder's Firm Signature of Authorized Representative of Bidder Subscribed and sworn to before me on this day of , 200_. Notary Public in and for the State of Washington Notary (Print) My appointment expires: �" PAGE 1 trr TM it ` Document A201. - 1997 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address): Reconstruction of 8th Green and Hillside Drainage Maplewood Golf Course 4050 Maple Valley Highway Renton,WA 98058 ADDITIONS AND DELETIONS: rrtl THE OWNER: The author of this document has added information needed for its (Name and address): completion.The author may also City of Renton-Kelly Beymer,Project Manager have revised the text of the 1055 S.Grady Way original AIA standard form.An Renton,WA 98055 Additions and Deletions Report that notes added information as THE ARCHITECT: well as revisions to the standard (Name and address): form text is available from the John Steidel-Golf Course Architect author and should be reviewed. P.O.Box 6566 A vertical line in the left margin of tllr Kennewick,WA 99336 this document indicates where the author has added necessary information and where the author TABLE OF ARTICLES has added to or deleted from the original AIA text. 1 GENERAL PROVISIONS - This document has important legal consequences. 2 OWNER Consultation with an attorney is encouraged with respect to 3 CONTRACTOR its completion or modification. 4 ADMINISTRATION OF THE CONTRACT This document has been tilt► approved and endorsed by The Associated General Contractors 5 SUBCONTRACTORS of America ait 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION ,ter is 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS go 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS do 14 TERMINATION OR SUSPENSION OF THE CONTRACT AIA Document A201Ta—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 1 up Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) NO tar rrl INDEX 3.1.3,4.2,4.3.4,4.4,9.4,9.5 (Numbers and Topics in Bold are Section Headings) Architect's Approvals 2.4,3.1.3,3.5.1,3.10.2,4.2.7 Acceptance of Nonconforming Work Architect's Authority to Reject Work 9.6.6,9.9.3,12.3 3.5.1,4.2.6, 12.1.2, 12.2.1 Acceptance of Work Architect's Copyright 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 1.6 Access to Work Architect's Decisions 3.16,6.2.1,12.1 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, Accident Prevention 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, ft 4.2.3, 10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Acts and Omissions Architect's Inspections 3.2,3.3.2,3.12.8,3.18,4.2.3,4.3.8,4.4.1,8.3.1, 4.2.2,4.2.9,4.3.4,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 (AW 9.5.1, 10.2.5, 13.4.2, 13.7, 14.1 Architect's Instructions Addenda 3.2.3,3.3.1,4.2.6,4.2.7,4.2.8,7.4.1, 12.1, 13.5.2 1.1.1,3.11 Architect's Interpretations Additional Costs,Claims for 4.2.11,4.2.12,4.3.6 to 4.3.4,4.3.5,4.3.6,6.1.1, 10.3 Architect's Project Representative Additional Inspections and Testing 4.2.10 9.8.3, 12.2.1, 13.5 Architect's Relationship with Contractor Additional Time,Claims for 1.1.2, 1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1, 4.3.4,4.3.7,8.3.2 3.7.3,3.10,3.11,3.12,3.16,3.18,4.1.2,4.1.3,4.2, ADMINISTRATION OF THE CONTRACT 4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4, 3.1.3,4,9.4,9.5 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, Advertisement or Invitation to Bid 13.4.2, 13.5 trrrr 1.1.1 Architect's Relationship with Subcontractors Aesthetic Effect 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.4.7 4.2.13,4.5.1 Architect's Representations Allowances 9.4.2,9.5.1,9.10.1 3.8 Architect's Site Visits All-risk Insurance ,4.2.2,4.2.5,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 11.4.1.1 13.5 rr Applications for Payment Asbestos 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, 10.3.1 9.10, 11.1.3, 14.2.4, 14.4.3 Attorneys'Fees Approvals 3.18.1,9.10.2, 10.3.3 2.4,3.1.3,3.5,3.10.2,3.12,4.2.7,9.3.2, 13.4.2, 13.5 Award of Separate Contracts Arbitration 6.1.1,6.1.2 4.3.3,4.4,4.5.1,4.5.2,4.6,8.3.1,9.7.1, 11.4.9, Award of Subcontracts and Other Contracts for 11.4.10 Portions of the Work aw Architect 5.2 4.1 Basic Definitions Architect,Definition of 1.1 an 4.1.1 Bidding Requirements Architect,Extent of Authority 1.1.1, 1.1.7,5.2.1, 11.5.1 2.4,3.12.7,4.2,4.3.6,4.4,5.2,6.3,7.1.2,7.3.6,7.4, Boiler and Machinery Insurance 9.2,9.3.1,9.4,9.5,9.8.3,9.10.1, 9.10.3, 12.1, 12.2.1, 11.4.2 .E Irr 13.5.1, 13.5.2, 14.2.2, 14.2.4 Bonds,Lien Architect,Limitations of Authority and 9.10.2 Responsibility Bonds,Performance,and Payment 2.1.1,3.3.3,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1, 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,4.4, Building Permit 5.2.1,7.4,9.4.2,9.6.4,9.6.6 3.7.1 Architect's Additional Services and Expenses Capitalization 2.4, 11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 1.3 Architect's Administration of the Contract Certificate of Substantial Completion AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIAs Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/1312004 under Order N0.10001 175821 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) dw to err 9.8.3,9.8.4,9.8.5 1.6.1,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6.4, Certificates for Payment 4.6.6,9.6.4, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 W 9.10.3, 13.7, 14.1.1.3, 14.2.4 Concealed or Unknown Conditions Certificates of Inspection,Testing or Approval 4.3.4,8.3.1, 10.3 13.5.4 Conditions of the Contract Certificates of Insurance 1.1.1, 1.1.7,6.1.1,6.1.4 9.10.2, 11.1.3 Consent,Written Change Orders 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 1.1.1,2.4.1,3.4.2,3.8.2.3,3.11.1,3.12.8,4.2.8,4.3.4, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 4.3.9,5.2.3,7.1,7.2,7.3,8.3.1,9.3.1.1,9.10.3, CONSTRUCTION BY OWNER OR BY 11.4.1.2, 11.4.4, 11.4.9, 12.1.2 SEPARATE CONTRACTORS Change Orders,Definition of 1.1.4,6 7.2.1 Construction Change Directive,Definition of CHANGES IN THE WORK 7.3.1 3.11,4.2.8,7,8.3.1,9.3.1.1, 11.4.9 Construction Change Directives Claim,Definition of 1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 4.3.1 Construction Schedules,Contractor's Claims and Disputes 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 3.2.3,4.3,4.4,4.5,4.6,6.1.1,6.3,7.3.8,9.3.3,9.10.4, Contingent Assignment of Subcontracts 10.3.3 5.4,14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance Ir 4.6.5 4.3.3 Claims for Additional Cost Contract,Definition of 3.2.3,4.3.4,4.3.5,4.3.6,6.1.1,7.3.8, 10.3.2 1.1.2 Claims for Additional Time CONTRACT,TERMINATION OR 3.2.3,4.3.4,4.3.7,6.1.1,8.3.2, 10.3.2 SUSPENSION OF THE Claims for Concealed or Unknown Conditions 5.4.1.1, 11.4.9, 14 4.3.4 Contract Administration Claims for Damages 3.1.3,4,9.4,9.5 3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, Contract Award and Execution,Conditions Relating 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 .to Claims Subject to Arbitration 3.7.1,3.10,5.2,6.1, 11.1.3, 11.4.6, 11.5.1 4.4.1,4.5.1,4.6.1 Contract Documents,The Cleaning Up 1.1,1.2 3.15,6.3 Contract Documents,Copies Fumished and Use of Commencement of Statutory Limitation Period 1.6,2.2.5,5.3 rrll 13.7 Contract Documents,Definition of Commencement of the Work,Conditions Relating to 1.1.1 2.2.1,3.2.1,3.4.1,3.7.1,3.10.1,3.12.6,4.3.5,5.2.1, Contract Sum 5.2.3,6.2.2,8.1.2,8.2.2,8.3.1, 11.1, 11.4.1, 11.4.6, 3.8,4.3.4,4.3.5,4.4.5,5.2.3,7.2,7.3,7.4,9.1,9.4.2, w 11.5.1 9.5.1.4,9.6.7,9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2 Commencement of the Work,Definition of Contract Sum,Definition of 8.1.2 9.1 to Communications Facilitating Contract Contract Time Administration 4.3.4,4.3.7,4.4.5,5.2.3,7.2.1.3,7.3,7.4,8.1.1,8.2, 3.9.1,4.2.4 8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 14.3.2 Completion,Conditions Relating to Contract Time,Definition of tw 1.6.1,3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8, 8.1.1 9.9.1,9.10, 12.2, 13.7, 14.1.2 CONTRACTOR COMPLETION,PAYMENTS AND 3 9 Contractor,Definition of Irllr Completion,Substantial 3.1,6.1.2 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, Contractor's Construction Schedules 9.10.4.2, 12.2, 13.7 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 Compliance with Laws Contractor's Employees +Iwr AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) sw up 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, 6.2.5,3.14 11.1.1, 11.4.7, 14.1, 14.2.1.1, Damage to Construction of Owner or Separate Contractor's Liability Insurance Contractors 11.1 3.14.2,6.2.4,9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, Contractor's Relationship with Separate Contractors 11.4, 12.2.4 and Owner's Forces Damage to the Work 3.12.5,3.14.2,4.2.4,6, 11.4.7, 12.1.2, 12.2.4 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.2.4 +� Contractor's Relationship with Subcontractors Damages,Claims for 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, 3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.4.1.2, 11.4.7, 11.4.8 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 Contractor's Relationship with the Architect Damages for Delay 1.1.2, 1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1, 6.1.1,8.3.3,9.5.1.6,9.7, 10.3.2 3.7.3,3.10,3.11,3.12,3.16,3.18, 4.1.2,4.1.3,4.2, Date of Commencement of the Work,Definition of 4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4, 8.1.2 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, Date of Substantial Completion,Definition of 13.4.2, 13.5 8.1.3 Contractor's Representations Day,Definition of 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 8.1.4 Contractor's Responsibility for Those Performing the Decisions of the Architect Work 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, 10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 +A Contractor's Review of Contract Documents Decisions to Withhold Certification 1.5.2,3.2,3.7.3 9.4.1,9.5,9.7, 14.1.1.3 Contractor's Right to Stop the Work Defective or Nonconforming Work,Acceptance, 9.7 Rejection and Correction of Contractor's Right to Terminate the Contract 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6,9.8.2, 4.3.10, 14.1 9.9.3,9.10.4, 12.2.1, 13.7.1.3 Contractor's Submittals Defective Work,Definition of to 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2,9.3, 3.5.1 9.8.2,9.8.3,9.9.1,9.10.2,9.10.3, 11.1.3, 11.5.2 Definitions Contractor's Superintendent J.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 3.9, 10.2.6 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1, 9.1,9.8.1 Contractor's Supervision and Construction Delays and Extensions of Time Procedures 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 6.2.4,7.1.3,7.3.4,7.3.6,8.2, 10, 12, 14 Disputes Contractual Liability Insurance 4.1.4,4.3,4.4,4.5,4.6,6.3,7.3.8 11.1.1.8, 11.2, 11.3 Documents and Samples at the Site Coordination and Correlation 3.11 1.2, 1.5.2,3.3.1,3.10,3.12.6,6.1.3,6.2.1 Drawings,Definition of M Copies Furnished of Drawings and Specifications 1.1.5 1.6,2.2.5,3.11 Drawings and Specifications,Use and Ownership of Copyrights 1.1.1, 1.3,2.2.5,3.11,5.3 ere 1.6,3.17 Effective Date of Insurance Correction of Work 8.2.2, 11.1.2 2.3,2.4,3.7.4,4.2.1,9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2, Emergencies 12.2, 13.7.1.3 4.3.5,10.6, 14.1.1.2 r Correlation and Intent of the Contract Documents Employees,Contractor's f 1,2 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, Cost,Definition of 11.1.1, 11.4.7, 14.1, 14.2.1.1 7.3.6 Equipment,Labor,Materials and + Costs 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, 2.4,3.2.3,3.7.4,3.8.2,3.15.2,4.3,5.4.2,6.1.1,6.2.3, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, 7.3.3.3,7.3.6,7.3.7,7.3.8,9.10.2, 10.3.2, 10.5, 11.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 11.4, 12.1, 12.2.1, 12.2.4, 13.5, 14 Execution and Progress of the Work Cutting and Patching AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 4 itd Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/1312004 under Order N0.10001 175821 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) Mir trig tur 1.1.3, 1.2.1, 1.2.2,2.2.3,2.2.5,3.1,3.3,3.4,3.5,3.7, Insurance,Project Management Protective 3.10,3.12,3.14,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3,7.3.4, Liability 8.2,9.5,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 11.3 Extensions of Time Insurance,Property 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3,7.4.1, 10.2.5, 11.4 9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 Insurance,Stored Materials Failure of Payment 9.3.2, 11.4.1.4 + 4.3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 INSURANCE AND BONDS Faulty Work 11 (See Defective or Nonconforming Work) Insurance Companies,Consent to Partial Occupancy Final Completion and Final Payment 9.9.1, 11.4.1.5 4.2.1,4.2.9,4.3.2,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, Insurance Companies,Settlement with 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 11.4.10 Financial Arrangements,Owner's Intent of the Contract Documents 2.2.1, 13.2.2, 14.1.1.5 1.2.1,4.2.7,4.2.12,4.2.13,7.4 Fire and Extended Coverage Insurance Interest 11.4 13.6 GENERAL PROVISIONS Interpretation so 1 1.2.3,1.4,4.1.1,4.3.1,5.1,6.1.2,8.1.4 Governing Law Interpretations,Written 13.1 4.2.11,4.2.12,4.3.6 Guarantees(See Warranty) Joinder and Consolidation of Claims Required tm Hazardous Materials 4.6.4 10.2.4,10.3, 10.5 Judgment on Final Award Identification of Contract Documents 4.6.6 1.5.1 Labor and Materials,Equipment Identification of Subcontractors and Suppliers 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, 5.2.1 42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, Indemnification 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 3.17,3.18,9.10.2, 10.3.3, 10.5, 11.4.1.2, 11.4.7 Labor Disputes Information and Services Required of the Owner 8.3.1 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, 'Laws and Regulations 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, Injury or Damage to Person or Property 13.5.2, 13.6, 14 4.3.8,10.2,10.6 Liens Inspections 2.1.2,4.4.8,8.2.2,9.3.3,9.10 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.2, Limitation on Consolidation or Joinder 9.8.3,9.9.2,9.10.1, 12.2.1, 13.5 4.6.4 Instructions to Bidders Limitations,Statutes of 1.1.1 4.6.3, 12.2.6, 13.7 m' Instructions to the Contractor Limitations of Liability 3.2.3,3.3.1,3.8.1,4.2.8,5.2.1,7, 12,8.2.2, 13.5.2 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.10,3.17,3.18, Insurance 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4, 9.6.7,9.10.4, sir 3.18.1,6.1.1,7.3.6,8.2.1,9.3.2,9.8.4,9.9.1,9.10.2, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 9.10.5, 11 Limitations of Time Insurance,Boiler and Machinery 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 11.4.2 4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.4,7.3,7.4, will rlr Insurance,Contractor's Liability 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, 11.1 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, Insurance,Effective Date of 13.7, 14 8.2.2, 11.1.2 Loss of Use Insurance Insurance,Loss of Use 11.4.3 11.4.3 Material Suppliers Insurance,Owner's Liability 1.6,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 11.2 Materials,Hazardous 10.2.4, 10.3, 10.5 AIA Document A201 7m—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47.30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) +1117 rrr Materials,Labor,Equipment and 1.6,2.1.1,2.3,2.4,3.4.2,3.8.1,3.12.10,3.14.2,4.1.2, 1.1.3, 1.1.6, 1.6.1,3.4,3.5.1,3.8.2,3.8.23,3.12,3.13, 4.1.3,4.2.4,4.2.9,4.3.6,4.4.7, 5.2.1,5.2.4,5.4.1, 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1, 7.3.6,9.3.2,9.3.3, 6.1,6.3,7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2,9.5.1, 9.5.1.3,9.10.2, 10.2.1, 10.2.4, 14.2.1.2 9.9.1,9.10.2, 10.3.2, 11.1.3, 11.3.1, 11.4.3, 11.4.10, Means,Methods,Techniques,Sequences and 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Procedures of Construction Owner's Financial Capability 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 2.2.1, 13.2.2, 14.1.1.5 rlr Mechanic's Lien Owner's Liability Insurance 4.4.8 11.2 Mediation Owner's Loss of Use Insurance 4.4.1,4.4.5,4.4.6,4.4.8,4.5,4.6.1,4.6.2,8.3.1, 10.5 11.4.3 Minor Changes in the Work Owner's Relationship with Subcontractors 1.1.1,3.12.8,4.2.8,4.3.6,7.1,7.4 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 MISCELLANEOUS PROVISIONS Owner's Right to Carry Out the Work IW 13 2.4,12.2.4.14.21.2 Modifications,Definition of Owner's Right to Clean Up 1.1.1 6.3 Modifications to the Contract Owner's Right to Perform Construction and to 110111, 1.1.1, 1.1.2,3.7.3,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1, Award Separate Contracts 9.7, 10.3.2, 11.4.1 6.1 Mutual Responsibility Owner's Right to Stop the Work 6.2 2.3 Irr Nonconforming Work,Acceptance of Owner's Right to Suspend the Work 9.6.6,9.9.3,12.3 14.3 Nonconforming Work,Rejection and Correction of Owner's Right to Terminate the Contract 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.8.2,9.9.3,9.10.4, 14.2 'r 12.2.1, 13.7.1.3 Ownership and Use of Drawings,Specifications Notice and Other Instruments of Service 2.2.1,2.3,2.4,3.2.3,3.3.1,3.7.2,3.7.4,3.12.9,4.3, 1.1.1,1.6,2.2.5,3.2.1,3.11.1,3.17.1,4.2.12,5.3 4.4.8,4.6.5,5.2.1,8.2.2,9.7,9.10, 10.2.2, 11.1.3, Partial Occupancy or Use 11.4.6, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14.1, 14.2 9.6.6,9.9, 11.4.1.5 Notice,Written Patching,Cutting and 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,4.6.5, 3.14,6.2.5 Irr 5.2.1,8.2.2,9.7,9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, Patents 12.2.2, 12.2.4,13.3, 14 3.17 Notice of Testing and Inspections Payment,Applications for 13.5.1, 13.5.2 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, Irr Notice to Proceed 9.10.1,9.10.3,9.10.5, 11.1.3, 14.2.4, 14.4.3 8.2.2 Payment,Certificates for Notices,Permits,Fees and 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 2.2.2,3.7,3.13,7.3.6.4, 10.2.2 9.10.3, 13.7, 14.1.1.3, 14.2.4 so Observations,Contractor's Payment,Failure of 1.5.2,3.2,3.7.3,4.3.4 4.3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Occupancy Payment,Final 2.2.2,9.6.6,9.8, 11.4.1.5 4.2.1,4.2.9,4.3.2,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, Orders,Written 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 1.1.1,2.3,3.9,4.3.6,7,8.2.2, 11.4.9, 12.1, 12.2, Payment Bond,Performance Bond and 13.5.2, 14.3.1 7.3.6.4,9.6.7,9.10.3, 11.4.9,11.5 OWNER Payments,Progress 2 4.3.3,9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3 Owner,Definition of PAYMENTS AND COMPLETION 2.1 9 t�llt Owner,Information and Services Required of the Payments to Subcontractors 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 11.4.8, 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 14.2.1.2 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 PCB Owner's Authority 10.3.1 AIA Document A201 re—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976.1987 and 1997 by The American Institute of Architects. All rights reserved WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117592_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) str go No Performance Bond and Payment Bond Review of Contractor's Submittals by Owner and 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 Architect Permits,Fees and Notices 3.10.1, 3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 2.2.2,3.7,3.13,7.3.6.4, 10.2.2 Review of Shop Drawings,Product Data and PERSONS AND PROPERTY,PROTECTION Samples by Contractor OF 3.12 10 Rights and Remedies rfr 1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6,4.3.4,4.5,4.6,5.3, Polychlorinated Biphenyl 5.4,6.1,6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 10.3.1 12.2.2, 12.2.4, 13.4, 14 Product Data,Definition of Royalties,Patents and Copyrights 3.12.2 3.17 Product Data and Samples,Shop Drawings Rules and Notices for Arbitration 3.11,3.12,4.2.7 4.6.2 Progress and Completion Safety of Persons and Property 4.2.2,4.3.3,8.2,9.8,9.9.1, 14.1.4 10.2,10.6 Progress Payments Safety Precautions and Programs 4.3.3,9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3 3.3.1,4.2.2,4.2.7,5.3.1,10.1, 10.2, 10.6 Project,Definition of the Samples,Definition of 1.1.4 3.12.3 Project Management Protective Liability Samples,Shop Drawings,Product Data and Insurance 3.11,3.12,4.2.7 +w 11.3 Samples at the Site,Documents and Project Manual,Definition of the 3.11 1.1.7 Schedule of Values Project Manuals 9.2,9.3.1 2.2.5 Schedules, Project Representatives 1.4.1.2,3.10,3.Construction 12.1,3.12.2,4.3.7.2, 4.2.10 6.1.3 Property Insurance Separate Contracts and Contractors 10.2.5,11.4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1, PROTECTION OF PERSONS AND PROPERTY 11.4.7, 12.1.2, 12.2.5 10 Shop Drawings,Definition of Regulations and Laws 3.12.1 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, Shop Drawings,Product Data and Samples 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 3.11,3.12,4.2.7 13.5.2, 13.6, 14 Site,Use of Rejection of Work 3.13,6.1.1,6.2.1 3.5.1,4.2.6, 12.2.1 Site Inspections Releases and Waivers of Liens 1.2.2,3.2.1,3.3.3,3.7.1,4.2,4.3.4,9.4.2,9.10.1, 13.5 9.10.2 Site Visits,Architect's Representations 4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1, Special Inspections and Testing 9.8.2,9.10.1 4.2.6, 12.2.1, 13.5 s>rr Representatives Specifications,Definition of the 2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.10,5.1.1,5.1.2, 1.1.6 13.2.1 Specifications,The Resolution of Claims and Disputes 1.1.1, 1.1.6, 1.1.7, 1.2.2, 1.6,3.11,3.12.10,3.17 4.4,4.5,4.6 Statute of Limitations r Responsibility for Those Performing the Work 4.6.3, 12.2.6, 13.7 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, Stopping the Work 10 2.3,4.3.6,9.7, 10.3, 14.1 +rtt< Retainage Stored Materials 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 6.2.1,9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Review of Contract Documents and Field Subcontractor,Definition of Conditions by Contractor 5.1.1 1.5.2,3.2,3.7.3,3.12.7,6.1.3 SUBCONTRACTORS AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925.1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/1312004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) sir W ew 5 TERMINATION OR SUSPENSION OF THE Subcontractors,Work by CONTRACT 1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2, 14 ft 9.6.7 Tests and Inspections Subcontractual Relations 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 5.3,5.4,9.3.1.2,9.6,9.1010.2.1,11.4.7,11.4.8,14.1, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5 14.2.1,14.3.2 TIME rr Submittals 8 1.6,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2, Time,Delays and Extensions of 9.3,9.8,9.9.1,9.10.2,9.10.3, 11.1.3 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, Subrogation,Waivers of 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 6.1.1, 11.4.5,11.4.7 Time Limits Substantial Completion 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4, 6.2.4,7.3,7.4, 9.10.4.2, 12.2, 13.7 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, Substantial Completion,Definition of 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 9.8.1 13.7, 14 Substitution of Subcontractors Time Limits on Claims ft 5.2.3,5.2.4 4.3.2,4.3.4,4.3.8,4.4,4.5,4.6 Substitution of Architect Title to Work 4.1.3 9.3.2,9.3.3 Substitutions of Materials UNCOVERING AND CORRECTION OF rw 3.4.2,3.5.1,7.3.7 WORK Sub-subcontractor,Definition of 12 5.1.2 Uncovering of Work Subsurface Conditions 12.1 4.3.4 Unforeseen Conditions Successors and Assigns 4.3.4,8.3.1, 10.3 13.2 Unit Prices Superintendent 4.3.9,7.3.3.2 3.9,10.2.6 Use of Documents Supervision and Construction Procedures ,x.1.1, 1.6,2.2.5,3.12.6,5.3 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, Use of Site 6.2.4,7.1.3,7.3.6,8.2,8.3.1,9.4.2, 10, 12, 14 3.13,6.1.1,6.2.1 Surety Values,Schedule of 4.4.7,5.4.1.2,9.8.5,9.10.2,9.10.3, 14.2.2 9.2,9.3.1 Surety,Consent of Waiver of Claims by the Architect 9.10.2,9.10.3 13.4.2 Surveys Waiver of Claims by the Contractor 2.2.3 4.3.10,9.10.5, 11.4.7, 13.4.2 Suspension by the Owner for Convenience Waiver of Claims by the Owner am 14.4 4.3.10,9.9.3,9.10.3,9.10.4, 11.4.3, 11.4.5, 11.4.7, Suspension of the Work 12.2.2.1, 13.4.2, 14.2.4 5.4.2, 14.3 Waiver of Consequential Damages art Suspension or Termination of the Contract 4.3.10, 14.2.4 4.3.6,5.4.1.1, 11.4.9, 14 Waiver of Liens Taxes 9.10.2,9.10.4 3.6,3.8.2.1,7.3.6.4 Waivers of Subrogation Termination by the Contractor 6.1.1, 11.4.5,11.4.7 4.3.10,14.1 Warranty Termination by the Owner for Cause 3.5,4.2.9,43.5.3,93.3,9.8.4,9.9.1,9.10.4,12.2.2, 4.3.10,5.4.1.1,14.2 13.7.1.3 Termination of the Architect Weather Delays 4.1.3 4.3.7.2 Termination of the Contractor Work,Definition of 14.2.2 1.1.3 Written Consent AIA Document A201^m—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AIA°Document,or any portion of It may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:470 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) IY� w 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,4.6.5, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 5.2.1,8.2.2,9.7,9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, Written Interpretations 12.2.2, 12.2.4, 13.3, 14 ilre 4.2.11,4.2.12,4.3.6 Written Orders Written Notice 1.1.1,2.3,3.9,4.3.6,7,8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 till ar wtt 1M me w as :wr I +rr AIA Document A201Tu—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA" Document is protected by U.S.Copyright law and International Treaties. 9 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/1312004 under Order No.10001 175821 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) .e e. ARTICLE 1 GENERAL PROVISIONS §1.1 BASIC DEFINITIONS §1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor(hereinafter the Agreement), Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications, Addenda issued prior to execution of the Contract,other documents listed in the Agreement and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include other documents such as bidding requirements(advertisement or invitation to bid,Instructions to Bidders,sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements). r�r §1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Architect and Contractor,(2)between the Owner and a Subcontractor or Sub-subcontractor,(3)between the Owner and Architect or(4)between any persons or entities other than the Owner and Contractor.The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. §1.1.3 THE WORK to The term"Work"means the construction and services required by the Contract Documents,whether completed or partially completed,and includes all other labor,materials,equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. to §1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. to §1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Co ract Documents showing the design,location and dimensions of the Work,generally including plans,elevations,sections,details,schedules and diagrams. nw §1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment,systems,standards and workmanship for the Work,and performance of related services. 40 §1.1.7 THE PROJECT MANUAL The Project Manual is a volume assembled for the Work which may include the bidding requirements,sample forms,Conditions of the Contract and Specifications. to §1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS §1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and it completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. rrr §1.2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. §1.2.3 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. go AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958.1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 10 10 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and Is not for resale. User Notes: (1213553256) 10 sr §1.3 CAPITALIZATION §1.3.1 Terms capitalized in these General Conditions include those which are(1)specifically defined,(2)the titles of numbered articles or(3)the titles of other documents published by the American Institute of Architects. 1W §1.4 INTERPRETATION §1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as"all" and"any" and articles such as"the" and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. §1.5 EXECUTION OF CONTRACT DOCUMENTS §1.5.1 The Contract Documents shall be signed by the Owner and Contractor.If either the Owner or Contractor or both do not sign all the Contract Documents,the Architect shall identify such unsigned Documents upon request. §1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, 111110 become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §1.6 OWNERSHIP AND USE OF DRAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE 40 §1.6.1 The Drawings,Specifications and other documents,including those in electronic form,prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described.The Contractor may retain one record set.Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings,Specifications ntt► and other documents prepared by the Architect or the Architect's consultants,and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights,in addition to the copyrights.All copies of Instruments of Service,except the Contractor's record set,shall be returned or suitably accounted for to the Architect,on request,upon completion of the Work.The Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants,and copies thereof furnished to the Contractor,are for use solely with respect to this Project.They are not to be used by the Contractor or any Subcontractor,Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,Architect and the Architect's consultants.The Contractor,Subcontractors,Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce apDlicable portions of the Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents.All copies made under this authorization shall bear the statutory copyright notice,if any,shown on the Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants.Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants'copyrights or other reserved rights. ARTICLE 2 OWNER §2.1 GENERAL §2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. rr Except as otherwise provided in Section 4.2.1,the Architect does not have such authority.The term"Owner"means the Owner or the Owner's authorized representative. §2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request,information rtr necessary and relevant for the Contractor to evaluate,give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. §22 INFORMATION AND SERVICES REQUIRED OF THE OWNER §21.1 The Owner shall,at the written request of the Contractor,prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract.Furnishing of such evidence shall be a condition precedent to commencement or r� AIA Document A201 TM—1997.Copyright®1911,1915,1918.1925,1937,1951,1958,1961,1963,1966.1967,1970.1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAa Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) itir s� +Irr continuation of the Work.After such evidence has been furnished,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. rs §2.2.2 Except for permits and fees,including those required under Section 3.7.1,which are the responsibility of the Contractor under the Contract Documents,the Owner shall secure and pay for necessary approvals,easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. §2.2.3 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. §2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner ANN with reasonable promptness.Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. sir §2.2.5 Unless otherwise provided in the Contract Documents,the Contractor will be furnished,free of charge,such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. §2.3 OWNER'S RIGHT TO STOP THE WORK §2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a tr,lr duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. §2.4 OWNER'S RIGHT TO CARRY OUT THE WORK §2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice—from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period.If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may,without prejudice to other remedies the Owner may have,correct such deficiencies.In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies,including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect or failure.Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect.If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. rtr ARTICLE 3 CONTRACTOR §3.1 GENERAL §3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The term"Contractor'means the Contractor or the Contractor's authorized representative. §3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 'yf §3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract,or by tests, to inspections or approvals required or performed by persons other than the Contractor. §3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §3.2.1 Since the Contract Documents are complementary,before starting each portion of the Work,the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the AIA Document A201*a—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976.1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 12 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) 1 als rrr Work,as well as the information furnished by the Owner pursuant to Section 2.2.3,shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of ss discovering errors,omissions,or inconsistencies in the Contract Documents;however,any errors,inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. VIIIII §3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect,but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents.The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws,statutes, ordinances,building codes,and rules and regulations,but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. §3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1 and 3.2.2,the Contractor shall make Claims as provided in Sections 4.3.6 and 4.3.7.If the Contractor fails to perform the obligations of Sections 3.2.1 and 3.2.2,the Contractor shall pay such costs and damages to the Owner as aw would have been avoided if the Contractor had performed such obligations.The Contractor shall not be liable to the Owner or Architect for damages resulting from errors,inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error,inconsistency,omission or difference and knowingly failed to report it to the Architect. w §3.3 SUPERVISION AND CONSTRUCTION PROCEDURES §3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for and have control over construction means,methods,techniques,sequences M and procedures and for coordinating all portions of the Work under the Contract,unless the Contract Documents give other specific instructions concerning these matters.If the Contract Documents give specific instructions concerning construction means,methods,techniques,sequences or procedures,the Contractor shall evaluate the M jobsite safety thereof and,except as stated below,shall be fully and solely responsible for the jobsite safety of such means,methods,techniques,sequences or procedures.If the Contractor determines that such means,methods, techniques,sequences or procedures may not be safe,the Coliitractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect.If the Contractor is then instructed to proceed with the required means,methods,techniques,sequences or procedures without acceptance of changes proposed by the Contractor,the Owner shall be solely responsible for any resulting loss or damage. err §3.32 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. M §3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. r §3.4 LABOR AND MATERIALS §3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. ' C §3.42 The Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order. so §3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract.The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. an AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 13 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) r. r. §3.5 WARRANTY §3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the rr Work will be free from defects not inherent in the quality required or permitted,and that the Work will conform to the requirements of the Contract Documents.Work not conforming to these requirements,including substitutions not properly approved and authorized,may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse,modifications not executed by the Contractor,improper or insufficient I maintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. §3.6 TAXES §3.6.1 The Contractor shall pay sales,consumer, use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. §3.6.2 The Contractor shall submit records of taxes paid to the Department of Revenue in conformance with State requirements. Retainage of final payment will be released after State Department of Revenue affidavit is received from the State and other contractual requirements are met. rrt §3.7 PERMITS,FEES AND NOTICES §3.7.1 The Contractor shall apply and pay for all necessary permits or licenses required for the execution of the Work except that the Owner shall apply and pay for the building permit,demolition permit,plan check fee, environmental impact statement checklist fees,traffic mitigation fees,fire mitigation fees,parks mitigation fees, wetland buffer mitigation fees,and L.I.D.fees. §3.72 The Contractor shall comply with and give notices required by laws,ordinances,rules,regulations and lawful orders of public authorities applicable to performance of the Work. The Contractor's Operations shall meet requirements of applicable Federal State law and all safety regulations set forth in"Safety Standards for Construction"and"General Safety Standards,"published and in effect at the time of receipt of bids as promulgated by the Department of Labor and Industries. §3.7.3 It is not the Contractor's responsibility to ascertain tha�.the Contract Documents are in accordance with applicable laws,statutes,ordinances,building codes,and rules and regulations.However,if the Contractor observes wr that portions of the Contract Documents are at variance therewith,the Contractor shall promptly notify the Architect and Owner in writing,and necessary changes shall be accomplished by appropriate Modification. §3.7.4 If the Contractor performs Work knowing it to be contrary to laws,statutes,ordinances,building codes,and era rules and regulations without such notice to the Architect and Owner,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. §3.8 ALLOWANCES §3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable ire objection. §3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and rr all required taxes,less applicable trade discounts; = f .2 Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; .3 whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 14 t Unauthorized reproduction or distribution of this AIO Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/1312004 under Order N0.10001 175821 which expires on 5/1012005,and is not for resale. User Notes: (1213553256) tip irr §3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. „m §3.9 SUPERINTENDENT §3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor.Important w® communications shall be confirmed in writing.Other communications shall be similarly confirmed on written request in each case. §3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES §3.10.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the as Work and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. §3.10.2 The Contractor shall prepare and keep current,for the Architect's approval,a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. §3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. §3.11 DOCUMENTS AND SAMPLES AT THE SITE §3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,Specifications, ' Addenda,Change Orders and other Modifications,in good order and marked currently to record field changes and selections made during construction,and one record copy of approved Shop Drawings,Product Data,Samples and similar required submittals.These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work. §3.12 SHOP DRAWINGS,PRODUCT DATA AND SAMPLES �. §3.12.1 Shop Drawings are drawings,diagrams,schedules and other data specially prepared for the Work by the r Contractor or a Subcontractor,Sub-subcontractor,manufacturer,supplier or distributor to illustrate some portion of the Work. §3.12.2 Product Data are illustrations,standard schedules,performance charts,instructions,brochures,diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. §3.12.3 Samples are physical examples which illustrate materials,equipment or workmanship and establish standards by which the Work will be judged. §3.12.4 Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents.The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents.Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents.Submittals which are not required by the Contract Documents may be returned by the Ir Architect without action. f §3.12.5 The Contractor shall review for compliance with the Contract Documents,approve and submit to the Architect Shop Drawings,Product Data,Samples and similar submittals required by the Contract Documents with Sol, reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors.Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. +r AIA Document A201Tm—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 15 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5110/2005,and is not for resale. User Notes: (1213553256) ab IML Mlle §3.12.6 By approving and submitting Shop Drawings,Product Data,Samples and similar submittals,the Contractor represents that the Contractor has determined and verified materials,field measurements and field construction criteria related thereto,or will do so,and has checked and coordinated the information contained within such lrr submittals with the requirements of the Work and of the Contract Documents. §3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data,Samples or similar submittals until the respective submittal has been approved by the Architect. §3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data,Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the Work,or(2)a Change Order or Construction Change Directive has been issued nr authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples or similar submittals by the Architect's approval thereof. §3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, Mlle Samples or similar submittals,to revisions other than those requested by the Architect on previous submittals.In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. §3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means,methods,techniques,sequences and procedures.The Contractor shall not be AN required to provide professional services in violation of applicable law.If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will specify all performance and design criteria that such services must satisfy.The Contractor shall cause such services or certifications to be provided by a WA properly licensed design professional, whose signature and seal shall appear on all drawings,calculations, specifications,certifications,Shop Drawings and other submittals prepared by such professional.Shop Drawings and other submittals related to the Work designed or certifielby such professional,if prepared by others,shall bear such professional's written approval when submitted to the Architect.The Owner and the Architect shall be entitled Isle to rely upon the adequacy,accuracy and completeness of the services,certifications or approvals performed by such design professionals,provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Architect will review,approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. §3.13 USE OF SITE §3.13.1 The Contractor shall confine operations at the site to areas permitted by law,ordinances,permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. lam, §3.14 CUTTING AND PATCHING §3.14.1 The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make its parts fit together properly. so §3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting,patching or otherwise altering such construction,or by excavation.The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor;such consent shall not be unreasonably withheld.The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. rill AIA Document A201n—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 16 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) Msl �r §3.15 CLEANING UP §3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove from and about the Project waste materials,rubbish,the Contractor's tools,construction equipment,machinery and surplus materials. §3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the cost thereof shall be charged to the Contractor. §3.16 ACCESS TO WORK am §3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. §3.17 ROYALTIES,PATENTS AND COPYRIGHTS §3.17.1 The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof,but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings,Specifications or other documents prepared by the Owner or Architect.However,if the Contractor has reason to believe that the required design,process or product is an infringement of a copyright or a patent,the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. §3.18 INDEMNIFICATION §3.18.1 To the fullest extent permitted by law and to the extent claims,damages,losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Section 11.3, the Contractor shall indemnify and hold harmless the Owner,Architect,Architect's consultants,and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work,provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by the Zi or anyone for whose acts they may be liable, regardless of whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder. rrr Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 3.18. §3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, irlr a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers'compensation acts, rr disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT §4.1 ARCHITECT §4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The term"Architect"means the Architect or the Architect's authorized representative. �r Ur §4.12 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Owner,Contractor and Architect. Consent shall not be unreasonably withheld. §4.1.3 If the employment of the Architect is terminated,the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. istr AIA Document A201Ta—1997.Copyright®1911,1915,1918.1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA•Document Is protected by U.S.Copyright Law and International Treaties. 17 Unauthorized reproduction or distribution of this AIA°Document,or any portion of It may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 12:47:30 on 07/13/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) rr rslr §4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT §4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents,and will be an Owner's representative(1)during construction,(2)until final payment is due and(3)with the Owner's ft concurrence,from time to time during the one-year period for correction of Work described in Section 12.2.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. §4.2.2 The Architect,as a representative of the Owner,will visit the site at intervals appropriate to the stage of the Contractor's operations(1)to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed,(2)to endeavor to guard the Owner against defects and deficiencies in the Work,and(3)to determine in general if the Work is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of,nor be responsible for,the construction means,methods, techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents,except as provided in Section 3.3.1. ttr §4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. rar §4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized,the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract.Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and material suppliers shall be through the Contractor.Communications by and with separate contractors shall be through the Owner. §4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Ceti i�icates for Payment in such amounts. §4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or +� not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,material and equipment suppliers,their agents or employees,or other persons or entities performing portions of the Work. §4.2.T The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken ertli with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner,Contractor or separate contractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of Ifll� equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5 and 3.12.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or ►' procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. am §4.2.6 The Architect will prepare Change Orders and Construction Change Directives,and may authorize minor changes in the Work as provided in Section 7.4. AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties. 18 s Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:470 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and Is rat for resale. User Notes: (1213553256) rrw §4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion,will receive and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor,and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. §4.2.10 If the Owner and Architect agree,the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site.The duties,responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. §4.2.11 The Architect will interpret and decide matters concerning performance under and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in trr compliance with this Section 4.2,then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. §4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings.When making such interpretations and initial decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. §4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. §4.3 CLAIMS AND DISPUTES §4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking,as a matter of right,adjustment or interpretation of Contract terms,payment of money,extension of time or other relief with respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Contractor to arising out of or relating to the Contract.Claims must be initiated by written notice.The responsibility to substantiate Claims shall rest with the party making the Claim. §4.31 Time Limits on Claims.Claims by either party must be initiated within 21 days after occurrence of the event as giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.Claims must be initiated by written notice to the Architect and the other party. §4.3.3 Continuing Contract Performance.Pending final resolution of a Claim except as otherwise agreed in writing as or as provided in Section 9.7.1 and Article 14,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. §4.3.4 Claims for Concealed or Unknown Conditions.If conditions are encountered at the site which are(1) alr subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature,which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the r Contract Documents,then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions.The Architect will promptly investigate such conditions and,if they differ materially and cause an increase or decrease in the Contractor's cost of,or time required for,performance of any part of the Work,will recommend an equitable adjustment in the rrlt Contract Sum or Contract Time,or both.If the Architect determines that the conditions at the site are not materially ` f different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing,stating the reasons.Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision.If the conditions encountered are materially different,the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time,the adjustment shall be referred to the Architect for initial determination,subject to further proceedings pursuant to ,rtt Section 4.4. AIA Document A201 TM—1997.Copyright©1911,1915,1918,1925,1937,1951.1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 19 i Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:4730 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) sir ur X01 §4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.6. wr §4.3.5.1 When extra work is performed under an approved Change Order and paid for by acceptable lump sum or mutually agreed prices,the Contractor will be limited to a markup of 10%overhead and profit including employment taxes,fringe benefits,related labor costs on materials to be entered into the work,and on the ownership or rental costs of construction plant and equipment employed during the time of the extra work. The markup does not apply to cost of materials. When extra work is performed as above by a subcontractor to the General Contractor,the General Contractor shall be limited to a 10%markup on the subcontractor's work. No further markup shall be permitted to cover the Contractor's costs for bonding,insurance and the like. rrlr §4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to(1)a written interpretation from the Architect,(2)an order by the Owner to stop the Work where the Contractor was not at fault, (3)a written order for a minor change in the Work issued by the Architect,(4)failure of payment by the Owner,(5) termination of the Contract by the Owner,(6)Owner's suspension or(7)other reasonable grounds,Claim shall be filed in accordance with this Section 4.3. §4.3.7 Claims for Additional Time go §4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time,written notice as provided herein shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work.In the case of a continuing delay only one Claim is necessary. 111111111 §4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated and had an adverse effect on the scheduled construction. 41111111 §4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party,or-6f ethers for whose acts such party is legally responsible,written notice of such injury or damage,whether or not insured,shall be given to the other party within No a reasonable time not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other party to investigate the matter. §4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally 9111 contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted. M §4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes: .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, No business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit lir except anticipated profit arising directly from the Work. yf This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 14.Nothing contained in this Section 4.3.10 shall be deemed to preclude an award of No liquidated direct damages,when applicable,in accordance with the requirements of the Contract Documents. §4.4 RESOLUTION OF CLAIMS AND DISPUTES §4.4.1 Decision of Architect. Claims,including those alleging an error or omission by the Architect but excluding those arising under Sections 10.3 through 10.5,shall be referred initially to the Architect for decision.An initial AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967.1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties. 20 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:470 on 07/13/2004 under Order No.1000117582_1 which expires on 5/1012005,and is not for resale. User Notes: (1213553256) ON sal do decision by the Architect shall be required as a condition precedent to mediation,arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due,unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect.The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. §4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1)request additional supporting data from the claimant or a response with supporting data from t� the other party,(2)reject the Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise,or(5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that,in the Architect's sole discretion,it would be inappropriate for the Architect to resolve the Claim. §4.4.3 In evaluating Claims,the Architect may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a Iir decision.The Architect may request the Owner to authorize retention of such persons at the Owner's expense. §4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond,within ten days after receipt of such request,and shall either provide a response on the w requested supporting data,advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Architect will either reject or approve the Claim in whole or in part. wr §4.4.5 The Architect will approve or reject Claims by written decision,which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both.The approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration. ttr §4.4.6 When a written decision of the Architect states that(1)the decision is final but subject to mediation and arbitration and(2)a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision,then failure to demand arbitration within said 30 days'period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor.If the Architect renders a decision after arbitration proceedings have been initiated,such decision may be entered as evidence,but shall not supersede arbitration pi eedings unless the decision is acceptable to all parties concerned. to §4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter,the Architect or the Owner may,but is not obligated to,notify the surety,if any,of the nature and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Architect or the Owner may,but is not obligated to,notify the surety and ar request the surety's assistance in resolving the controversy. §4.4.8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by am the Architect,by mediation or by arbitration. §4.5 MEDIATION §4.5.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Sections 4.3.10,9.10.4 and 9.10.5 shall,after initial decision by the Architect or 30 days after submission of the Claim to the Architect,be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. qtr §4.5.2 The parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise,shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect.Request for mediation shall be filed in writing with the other party to the Contract 1W and with the American Arbitration Association.The request may be made concurrently with the filing of a demand for arbitration but,in such event,mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. iiw AIA Document A201 TM—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 21 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:4730 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) ors ttlrl §4.5.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. §4.6 ARBITRATION §4.6.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Sections 4.3.10,9.10.4 and 9.10.5,shall,after decision by the Architect or 30 days after +rtr submission of the Claim to the Architect,be subject to arbitration.Prior to arbitration,the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Section 4.5. If a dispute arises out of or relates to this contract or the breach thereof,and,if said dispute cannot be resolved so through administrative procedures and mediation,the Contractor shall advise the Architect in writing that arbitration is desired according to the mediation rules of the American Arbitration Association. +`r The costs of such arbitration shall be borne equally by all parties unless it is the board's majority opinion that the Contractor's filing of the protest or action is capricious or without reasonable foundation. In the latter cases,all costs shall be borne by the Contractor. aw §4.6.2 Claims not resolved by mediation shall be decided by arbitration which,unless the parties mutually agree otherwise,shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect.The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association,and a copy shall be filed with the Architect. §4.6.3 A demand for arbitration shall be made within the time limits specified in Sections 4.4.6 and 4.6.1 as applicable,and in other cases within a reasonable time after the Claim has arisen,and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Section 13.7. §4.6.4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner,the Architect,the Architect's employees or consultants,except by written consent containing specific reference to the Agreement and signed by the Architect,Owner,Contractor and any other person or entity sought to be joined.No arbitra gn shall include,by consolidation or joinder or in any other manner,parties other than the Owner,Contractor,a separate contractor as described in Article 6 and other 1110 persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration.No person or entity other than the Owner,Contractor or a separate contractor as described in Article 6 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial.Consent to arbitration involving an additional person or entity shall not 40 constitute consent to arbitration of a Claim not described therein or with a person or entity not named or described therein.The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. r §4.6.5 Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. go §4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. MW ARTICLE 5 SUBCONTRACTORS §5.1 DEFINITIONS §5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The term"Subcontractor"is referred to throughout the Contract Documents as if singular in 11110 number and means a Subcontractor or an authorized representative of the Subcontractor.The term"Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. §5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to �r perform a portion of the Work at the site.The term"Sub-subcontractor"is referred to throughout the Contract AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976.1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA° Document is protected by U.S.Copyright Law and International Treaties. 22 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) ow W an Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. No §5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK §5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements,the Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the names of persons or entities(including those who are to furnish materials or equipment fabricated to a special design) to proposed for each principal portion of the Work.The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect,after due investigation,has reasonable objection to any such proposed person or entity.Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. so §5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the go Contractor has made reasonable objection. §5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the Contractor shall propose another to whom the Owner or Architect has no reasonable objection.If the proposed but to rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively to in submitting names as required. §5.2.4 The Contractor shall not change a Subcontractor,person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. 41111 §5.3 SUBCONTRACTUAL RELATIONS §5.3.1 By appropriate agreement,written where legally required for validity,the Contractor shall require each No Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work,which the Contractor,by these Documents, assumes toward the Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the Ills Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the benefit of all rights,remedies and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the rr Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may s be at variance with the Contract Documents.Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. §5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS §5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to or Section 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. "Is §5.4.2 Upon such assignment,if the Work has been suspended for more than 30 days,the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. �Il AIA Document A201 TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties. 23 Unauthorized reproduction or distribution of this AIA°Document,or any portion of It may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) 000 W ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS §6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS §6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation.If the Contractor claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall make such Claim as provided in Section 4.3. §6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site,the term"Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. +rlr §6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor,who shall cooperate with them.The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so.The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules shall then constitute the schedules to be used by the Contractor,separate contractors and the Owner until subsequently revised. tttlr §6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces,the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract,including,without + excluding others,those stated in Article 3,this Article 6 and Articles 10, 11 and 12. §6.2 MUTUAL RESPONSIBILITY §6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and Sw storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. do §6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor,the Contractor shall,prior to proceeding with that portion of the Work,promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results.Failure of the Contractor so to report shall constitute an acknowledgment that wr the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work,except as to defects not then reasonably discoverable. §6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a 4t separate contractor because of delays,improperly timed activities or defective construction of the Contractor.The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays,improperly timed activities,damage to the Work or defective construction of a separate contractor. §6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. §6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. §6.3 OWNER'S RIGHT TO CLEAN UP ;ter talr §6.3.1 If a dispute arises among the Contractor,separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK §7.1 GENERAL §7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963.1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 24 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/1312004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) ar to dw §7.1.2 A Change Order shall be based upon agreement among the Owner,Contractor and Architect;a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the No Contractor;an order for a minor change in the Work may be issued by the Architect alone. §7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents,and the Contractor shall proceed promptly,unless otherwise provided in the Change Order,Construction Change Directive as or order for a minor change in the Work. §7.2 CHANGE ORDERS §7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor and Architect,stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment,if any,in the Contract Sum;and .3 the extent of the adjustment,if any,in the Contract Time. §7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. §7.3 CONSTRUCTION CHANGE DIRECTIVES §7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect,directing a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or Contract Time,or both.The Owner may by Construction Change Directive,without invalidating the Contract,order changes afro in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and Contract Time being adjusted accordingly. §7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change rrn Order. §7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be rae based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; t , .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 as provided in Section 7.3.6. ilw §7.3.4 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method,if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. to §7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith,including adjustment in Contract Sum and Contract Time or the method for determining them.Such ire agreement shall be effective immediately and shall be recorded as a Change Order. §7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and �f up savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,a reasonable allowance for overhead and profit.In such case,and also under Section 7.3.3.3,the Contractor shall keep and present,in such form as the Architect may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this err► Section 7.3.6 shall be limited to the following: .1 costs of labor,including social security,old age and unemployment insurance,fringe benefits required by agreement or custom,and workers'compensation insurance; .2 costs of materials,supplies and equipment,including cost of transportation,whether incorporated or to consumed; AIA Document A201 TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 25 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and Is not for resale. User Notes: (1213553256) or r .3 rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance,permit fees,and sales,use or similar taxes related to the Work;and .5 additional costs of supervision and field office personnel directly attributable to the change. §7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect.When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. §7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner,amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs.For any portion of such cost that remains in dispute,the Architect will make an interim determination for purposes of monthly certification for payment for those costs.That determination of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the right of either party to disagree and assert a claim in accordance with Article 4. �w §7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. §7.4 MINOR CHANGES IN THE WORK §7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. rrl► Such changes shall be effected by written order and shall be binding on the Owner and Contractor.The Contractor shall carry out such written orders promptly. ser ARTICLE 8 TIME §8.1 DEFINITIONS §8.1.1 Unless otherwise provided,Contract Time is the period,pf rime,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. §8.1.2 The date of commencement of the Work is the date established in the Agreement. §8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. rtr §8.1.4 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. "t §8.2 PROGRESS AND COMPLETION §8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. Liuidated Damages: Work shall begin when the Contractor receives a formal"Notice to Proceed"and shall proceed with promptness and dispatch and shall be completed within Forty-Five(45)calendar days. Notice to Proceed shall not be given until the building permit is approved;the City Council,City Attorney,Risk Manager rrr approve;and the Contractor provides Certificates of Insurance acceptable to the Owner in accordance with the requirements of Section 00810 and the General Conditions of the Contract for Construction,AIA A201,and construction schedule in accordance with Section 01310 and signed construction Contract with firm price. tar For each calendar day after date established by the above allowed time that any portion of the work remains incomplete and any portion of the building that remains unavailable for occupancy(in the Owner's sole judgment), the sum of One Hundred Dollars($100.00),not to be construed in any sense a penalty,but as fixed,agreed, liquidated damages occurred by the Owner for failure of Contractor to meet the scheduled completion dates. salt AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 26 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 511012005,and is rat for resale. User Notes: (1213553256) NOW Ifrr 8.2.2 The Contractor shall not knowingly,except b agreement or instruction of the Owner in writing,prematurely § gY� P Y 81' g,P Y commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner.The date of commencement of the Work shall not be changed by the effective date of such insurance.Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner,the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. Cllr §8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. §8.3 DELAYS AND EXTENSIONS OF TIME §8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect,or of an employee of either,or of a separate contractor employed by the Owner,or by changes ordered in the Work,or by labor disputes,fire,unusual delay in deliveries,unavoidable casualties or other Will changes beyond the Contractor's control,or by delay authorized by the Owner pending mediation and arbitration,or by other causes which the Architect determines may justify delay,then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 1W §8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.3. §8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of as the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION §9.1 CONTRACT SUM I §9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. No §9.2 SCHEDULE OF VALUES §9.2.1 Before the first Application for Payment,the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work,prepared in such foM and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for rr reviewing the Contractor's Applications for Payment. §9.3 APPLICATIONS FOR PAYMENT §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require,such as copies of requisitions from Subcontractors and material suppliers,and reflecting retainage if provided for in the Contract Documents. Applications made after the day of the r month or the time period established as the final day for acceptable will be considered in the next payment period. Application shall be made on AIA Form G702 and G703,breakdown of work delineated on Form G703 shall be detailed on Schedule of Values. a. The Owner shall retain a sum equal to five percent(5%)of the amount earned by the Contractor,as a trust fund for the protection and payment of any person or persons,mechanics,subcontractor,or material suppliers who shall perform any labor upon this Contract,and all persons who shall supply such person or persons of Subcontractors with provisions and supplies for carrying on of such work and the State of Washington with respect to taxes imposed pursuant to RCW Title 82,which may be due from same Contractor. b. In accordance with the provisions of Chapter 60.28 RCW,above trust fund shall be retained for a minimum period of sixty(60)days following Final Completion and when the requirements of the Contract and r requirements in Section 01700,Project Administration and Closeout,have been fulfilled. In the event these requirements are not met,the Owner may pay a percentage of the retainage,holding back that quantity of money reasonable to complete the unfinished items. Retainage held may cover costs including,but shall 'r"' not be limited to,the following: material suppliers' and laborers.liens;tax liens;costs and attorney's fees to defray AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976.1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAs Document is protected by U.S.copyright Law and International Treaties. 27 t Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/1312004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) r +rr the cost of foreclosing all of the liens;costs and Architect's fees to defray cost of additional Construction Administration services. Refer to Section 01700,Project Administration and Closeout,for additional provisions on this subject. rtr §9.3.1.1 As provided in Section 7.3.8,such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. +rlr §9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier,unless such Work has been performed by others whom the Contractor intends to pay. •r §9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing.Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable +Ir insurance,storage and transportation to the site for such materials and equipment stored off the site. §9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for as Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge,information and belief,be free and clear of liens,claims, security interests or encumbrances in favor of the Contractor,Subcontractors,material suppliers,or other persons or entities making a claim by reason of having provided labor,materials and equipment relating to the Work. §9.4 CERTIFICATES FOR PAYMENT §9.4.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue trr to the Owner a Certificate for Payment, with a copy to the Contractor,for such amount as the Architect determines is properly due,or notify the Contractor and Owner in writing,of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. §9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment,that the Work has progressed to the point indicated and that,to the best of the Architect's knowledge,information and belief,the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on- site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques, sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers s and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §9.5 DECISIONS TO WITHHOLD CERTIFICATION vtts §9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made.If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the Contractor and Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised me amount,the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to ift such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 3.3.2,because of: AIA Document A201 TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 28 in Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117592_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) No rw .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; MIN .3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; M .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. ira §9.5.2 When the above reasons for withholding certification are removed,certification will be made for amounts previously withheld. as §9.6 PROGRESS PAYMENTS §9.6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so notify the Architect. to §9.6.2 The Contractor shall promptly pay each Subcontractor,upon receipt of payment from the Owner,out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work,the amount to which said Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of so such Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. §9.6.3 The Architect will,on request,furnish to a Subcontractor,if practicable,information regarding percentages of AL completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. go §9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. §9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections 9.6.2,9.6.3 and 9.6.4. §9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. lilt §9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both,under contract with the Contractor for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor,shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. §9.7 FAILURE OF PAYMENT §9.7.1 If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days y� io after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitration,then the Contractor may,upon seven additional days' written notice to the Owner and Architect,stop the Work until payment of the amount owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay and start-up,plus interest as provided for in the Contract Documents. tilt AIA Document A201TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAs Document is protected by U.S.Copyright Law and International Treaties. 29 Unauthorized reproduction or distribution of this AIAs Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117592_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) lira M 0110 §9.8 SUBSTANTIAL COMPLETION §9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. §9.81 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of +rr items to be completed or corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. §9.8.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or an designated portion thereof is substantially complete.If the Architect's inspection discloses any item,whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor No shall,before issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by the Architect.In such case,the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. §9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion,shall establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance,and shall fix the time within which the Contractor shall finish all items on the list accompanying the +rlr Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. §9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate.Upon such acceptance and consent of surety,if any,the Owner shall make payment of retainage applying to such Work or designated portion thereof.Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. §9.9 PARTIAL OCCUPANCY OR USE §9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented t„ to by the insurer as required under Section 11.4.1.5 and authorized by public authorities having jurisdiction over the Work.Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage,if any,security,maintenance,heat,utilities,damage to the Work and insurance,and have agreed in lrtr writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents.When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement is reached,by decision of the Architect. §9.9.2 Immediately prior to such partial occupancy or use,the Owner,Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work §9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. §9.10 FINAL COMPLETION AND FINAL PAYMENT §9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of +�► a final Application for Payment,the Architect will promptly make such inspection and,when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with terms go and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in AIA Document A201 TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 30 VON prosecuted reproduction or distribution of this AIA°Document,or any portion of ft,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/1312004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) to itta the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. ir+rt §9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days'prior written notice has been given to the Owner,(3)a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by on the Contract Documents,(4)consent of surety,if any,to final payment and(5),if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts,releases and waivers of liens,claims,security interests or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the to Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien.If such lien remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien,including all costs and reasonable attorneys' fees. to §9.10.3 If,after Substantial Completion of the Work,final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall,upon application by the Contractor and certification by the Architect,and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed and accepted.If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment.Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. §9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens,Claims,security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the require�ients of the Contract Documents;or .3 terms of special warranties required by the Contract Documents. tas §9.10.5 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY §10.1 SAFETY PRECAUTIONS AND PROGRAMS §10.1.1 The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. §10.2 SAFETY OF PERSONS AND PROPERTY am §10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the 10 site,under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontractors;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements, roadways,structures and utilities not designated for removal,relocation or replacement in the course 40 of construction. 4 other property at the site or adjacent thereto,including occupants of said property,customers,visitors, and passersby from injury and discomfort. MIS AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976.1987 and 1997 by The American Institute of Architects. All rights reserved WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 31 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/1312004 under Order No.1000117582-1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) risr M IMP §10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. rrt It shall be the responsibility of the Contractor to comply with all requirements of the Occupational Safety and Health Act of 1971 (OSHA)and the Laws of Washington relative to industrial safety and health. The methods of compliance with safety and health precaustions are the responsibility of the Contractor and are not shown on the Contract Drawing or described in the Technical Specification. §10.2.3 The Contractor shall erect and maintain,as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. §10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. §10.2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3,except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable, + and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. §10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty tea shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. §10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. §10.3 HAZARDOUS MATERIALS r s §10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB), encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. to §10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and,in the event such material or substance is found to be present,to verify to that it has been rendered harmless.Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Contractor and the Architect will promptly reply to the Owner in in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner.If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection.When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner 10 and Contractor.The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down,delay and start-up,which adjustments shall be accomplished as provided in Article 7. am §10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or a ` death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss or AIA Document A201 TM—1997.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 32 1tir1 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:4730 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) Tarr expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself)and provided that such damage,loss or expense is not due to the sole negligence of a party seeking indemnity. §10.4 The Owner shall not be responsible under Section 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. §10.5 If,without negligence on the part of the Contractor,the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. §10.6 EMERGENCIES §10.6.1 In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage,injury or loss.Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Section 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS §11.1 CONTRACTOR'S LIABILITY INSURANCE §11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: .1 claims under workers'compensation,disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury,occupational sickness or disease,or death of the Contractor's employees; .3 claims for damages because of bodily injury,sickness or disease,or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage; .5 claims for damages,other than to the Work itself,because of injury to or destruction of tangible property,including loss of use resulting therefroln; .6 claims for damages because of bodily injury,death of a person or property damage arising out of v>r ownership,maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations;and .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. §11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law,whichever coverage is greater.Coverages,whether written on an occurrence or claims-made basis,shall be maintained without interruption from date of commencement of the Work at until date of final payment and termination of any coverage required to be maintained after final payment. §11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of am the Work These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days'prior written notice has been given to the Owner.If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available,an additional certificate evidencing continuation of such coverage shall Will be submitted with the final Application for Payment as required by Section 9.10.2.Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate,or both,shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. utr,r §11.2 OWNER'S LIABILITY INSURANCE §11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. srtl AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 33 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AW software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) rra §11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE §11.3.1 Optionally,the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's,Contractor's and Architect's vicarious liability for construction operations under the Contract.Unless otherwise required by the Contract Documents,the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage,and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner.The minimum limits of liability purchased with 11111111 such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Sections 11.1.1.2 through 11.1.1.5. §11.3.2 To the extent damages are covered by Project Management Protective Liability insurance,the Owner, 01111111 Contractor and Architect waive all rights against each other for damages,except such rights as they may have to the proceeds of such insurance.The policy shall provide for such waivers of subrogation by endorsement or otherwise. §11.3.3 The Owner shall not require the Contractor to include the Owner,Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Section 11.1. §11.4 PROPERTY INSURANCE §11.4.1 Unless otherwise provided,the Owner shall purchase and maintain,in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,property insurance written on a builder's risk"all-risk"or equivalent policy form in the amount of the initial Contract Sum,plus value of subsequent Contract modifications and cost of materials supplied or installed by others,comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained,unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance,until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.4 to be covered, whichever is later.This insurance shall include interests of the Owner,the Contractor,Subcontractors and Sub- subcontractors in the Project. Parties initiating claims against the Owner-provided insurance shall be financially responsible for the deductible portion of the adjustment. §11.4.1.1 Property insurance shall be on an"all-risk"or equivalent policy form and shall include,without limitation, insurance against the perils of fire(with extended coverage)and physical loss or damage including,without duplication of coverage,theft,vandalism,malicious mischief,collapse,earthquake,flood,windstorm,falsework, testing and startup,temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements,and shall cover reasonable compensation for Architect's and Contractor's services + ► and expenses required as a result of such insured loss. §11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above,the Owner shall so inform the Contractor in writing prior to commencement of the Work.The Contractor may then effect insurance which will protect the interests of the Contractor,Subcontractors and Sub-subcontractors in the Work,and by appropriate Change Order the cost thereof shall be charged to the Owner.If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above,without so notifying the Contractor in writing,then the Owner shall bear all reasonable costs properly attributable thereto. §11.4.1.3 If the property insurance requires deductibles,the Owner shall pay costs not covered because of such yr s1r deductibles. §11.4.1.4 This property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. §11.4.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise.The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or AIA Document A201lu—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 34 INS Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000/17582_1 which expires on 5/10/2005,and is riot for resale. User Notes: (1213553256) 016 I�r companies and shall, without mutual written consent,take no action with respect to partial occupancy or use that would cause cancellation,lapse or reduction of insurance. §11.42 Boiler and Machinery Insurance.The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law,which shall specifically cover such insured objects during installation and until final acceptance by the Owner;this insurance shall include interests of the Owner,Contractor, Subcontractors and Sub-subcontractors in the Work,and the Owner and Contractor shall be named insureds. trr §11.4.3 Loss of Use Insurance.The Owner,at the Owner's option,may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused. §11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy,the Owner shall,if possible,include such insurance,and the cost thereof shall be charged to the Contractor by appropriate Change Order. §11.4.5 If during the Project construction period the Owner insures properties,real or personal or both,at or adjacent to the site by property insurance under policies separate from those insuring the Project,or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,the Owner shall waive all rights in accordance with the terms of Section 11.4.7 for damages caused by fire or other causes of loss covered by this separate property insurance.All separate policies shall provide this waiver of subrogation by endorsement or otherwise. §11.4.6 Before an exposure to loss may occur,the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.4.Each policy shall contain all generally applicable conditions,definitions,exclusions and endorsements related to this Project.Each policy shall contain a provision that the policy will not be canceled or allowed to expire,and that its limits will not be reduced,until at least 30 days' prior written notice has been given to the Contractor. §11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against(1)each other and any of their subcontractors,sub-subcontractors,agents and employees,each of the other,and(2)the Architect,Architect's consultants,separate contractors described in Article 6,if anA,and any of their subcontractors,sub-subcontractors, agents and employees,for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.4 or other property insurance applicable to the Work,except such rights as they trr have to proceeds of such insurance held by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall require of the Architect,Architect's consultants,separate contractors described in Article 6,if any,and the subcontractors,sub-subcontractors,agents and employees of any of them,by appropriate agreements,written where legally required for validity,similar waivers each in favor of other parties enumerated herein.The policies shall provide such waivers of subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged. §11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause and of Section 11.4.10.The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor,and by appropriate agreements,written where legally required for validity,shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. ;ter to §11.4.9 If required in writing by a party in interest,the Owner as fiduciary shall,upon occurrence of an insured loss, give bond for proper performance of the Owner's duties.The cost of required bonds shall be charged against proceeds received as fiduciary.The Owner shall deposit in a separate account proceeds so received,which the Owner shall distribute in accordance with such agreement as the parties in interest may reach,or in accordance with ' an arbitration award in which case the procedure shall be as provided in Section 4.6.If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience,replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article +qtr 7. AIA Document A201*s—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAs Document is protected by U.S.Copyright Law and International Treaties. 35 Unauthorized reproduction or distribution of this AIAs Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) •rr +rtr rr §11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power;if such objection is made,the dispute shall be resolved as provided in Sections 4.5 and 4.6.The Owner as fiduciary shall,in rr the case of arbitration,make settlement with insurers in accordance with directions of the arbitrators.If distribution of insurance proceeds by arbitration is required,the arbitrators will direct such distribution. §11.5 PERFORMANCE BOND AND PAYMENT BOND §11.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. Performance Bond and Labor and Materials Payment Bond: The Contractor agrees to comply with all requirements of Chapter 39.08 RCW. The Contractor shall secure and pay for a Performance Bond and a Labor and Materials Payment Bond issued by a bonding company licensed to transact business in the locality of the project,on the City Bond Form"Bond to the City of Renton,"attached and executed in pursuance to Chapter 39.08 Revised Code of Washington and any amendments thereto. The Bond Form must comply with all requirements of the City Attorney. The surety bond shall be in the following penal sums: Performance Bond—100%of agreement sum plus Washington State Sales Tax. Labor and Materials Payment Bond— 100%of agreement sum plus Washington State Sales tax. The Contractor guarantees the excellence of both quality of work and material,and the payment of all obligations incurred until the provisions of the Contract document are fulfilled. In lieu of furnishing a Material and Payment Bond on contracts of Twenty-five Thousand Dollars($25,000.00)or less,at the option of the Contractor,the Owner may,in lieu of the bond,retain fifty percent(50%)of the contract amount for a period of sixty(60)days after date of final acceptance,or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW,whichever is later. rir §11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor s6fifpromptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK §12.1 UNCOVERING OF WORK §12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents,it must,if required in writing by the Architect,be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. §12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to examine prior to its being covered,the Architect may request to see such Work and it shall be uncovered by the Contractor.If such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall,by appropriate Change Order,be at the Owner's expense.If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. §12.2 CORRECTION OF WORK ^,,f ilw §12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION §12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents,whether discovered before or after Substantial Completion and whether or not fabricated,installed or completed.Costs of correcting such rejected Work,including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby,shall be at the Contractor's expense. +�tti AIA Document A201re—1997.Copyright®1911,1915,1918,1925,1937,1951,1958.1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 36 Unauthorized reproduction or distribution of this AIAa Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 12:47:30 on 07/1312004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) Yl9 trr §12.2.2 AFTER SUBSTANTIAL COMPLETION §12.2.2.1 In addition to the Contractor's obligations under Section 3.5,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties go established under Section 9.9.1,or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after rlr discovery of the condition.During the one-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with Section 2.4. §12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. Where items on the Architect's"Punch List"have not been corrected prior to expiration of the guarantee period,it 41111 shall nevertheless be the responsibility of the Contractor to permanently correct items and the Contract shall not be fully performed until such permanent corrections are made. All corrective work performed by the Contractor in remedying defective work shall be subject to the same guarantee requirements of the original work for a period of one year from the date of completion of the corrective work. trr+ As directed by Architect,replace entirely,at no additional cost to Owner,any work requiring repeated service other than normal maintenance during guarantee period. trr §12.22.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. §122.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. §12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction,whether completed or partially completed,of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. §12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents.Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish ow the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. §12.3 ACCEPTANCE OF NONCONFORMING WORK r §12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents,the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable.Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS §13.1 GOVERNING LAW §13.1.1 The Contract shall be governed by the law of the place where the Project is located. �r §13.2 SUCCESSORS AND ASSIGNS §132.1 The Owner and Contractor respectively bind themselves,their partners,successors,assigns and legal representatives to the other party hereto and to partners,successors,assigns and legal representatives of such other ' party in respect to covenants,agreements and obligations contained in the Contract Documents.Except as provided AIA Document A2011%—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA* Document is protected by U.S.Copyright Law and International Treaties. 37 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:4730 on 07/13/2004 under Order No.1000117582_I which expires on 5/10/2005,and Is not for resale. User Notes: (1213553256) Ow rr in Section 13.2.2,neither party to the Contract shall assign the Contract as a whole without written consent of the other.If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. trr §13.2.2 The Owner may,without consent of the Contractor,assign the Contract to an institutional lender providing construction financing for the Project.In such event,the lender shall assume the Owner's rights and obligations under the Contract Documents.The Contractor shall execute all consents reasonably required to facilitate such tnr assignment. §13.3 WRITTEN NOTICE §13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended,or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. §13.4 RIGHTS AND REMEDIES §13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights and remedies otherwise imposed or available by law. irrl §13.42 No action or failure to act by the Owner,Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,except as may be specifically agreed in writing. tttll §13.5 TESTS AND INSPECTIONS §13.5.1 Tests,inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances,rules,regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Aw Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority,and shall bear all related costs of tests,inspections and approvals.The Contractor shall give the Architect timely notice of w when and where tests and inspections are to be made so that the Architect may be present for such procedures.The Owner shall bear costs of tests,inspections or approvals which do not become requirements until after bids are received or negotiations concluded. err §13.5.2 If the Architect,Owner or public authorities having jurisdiction determine that portions of the Work require additional testing,inspection or approval not included under Section 13.5.1,the Architect will,upon written authorization from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection or approval by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of tw when and where tests and inspections are to be made so that the Architect may be present for such procedures.Such costs,except as provided in Section 13.5.3,shall be at the Owner's expense. §13.5.3 If such procedures for testing,inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the w portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. §13.5.4 Required certificates of testing,inspection or approval shall,unless otherwise required by the Contract Documents,be secured by the Contractor and promptly delivered to the Architect. §13.5.5 If the Architect is to observe tests,inspections or approvals required by the Contract Documents,the 'ter Architect will do so promptly and,where practicable,at the normal place of testing. §13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. �rl AIA Document A2011"—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976.1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 38 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) w §13.6 INTEREST §13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or,in the absence thereof,at the legal rate prevailing from time to • time at the place where the Project is located. §13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD §13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; W .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment;and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment,any applicable statute of limitations shall commence to r• run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Section 3.5,the date of any correction of the Work or failure to correct the Work by the Contractor under Section 12.2,or the date of actual commission of any other act or failure to perform any duty or 111111111 obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT §14.1 TERMINATION BY THE CONTRACTOR aw §14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor,Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government,such as a declaration of national emergency which requires all Work to be ,yam stopped; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or +100 .4 the Owner has failed to furnish to the Contractor promptly,upon the Contractor's request,reasonable evidence as required by Section 2.2.1. §14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor or a Subcontractor, 1111111 Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,repeated suspensions,delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of to days scheduled for completion,or 120 days in any 365-day period,whichever is less. §14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work y to executed and for proven loss with respect to materials,equipment,tools,and construction equipment and machinery, f including reasonable overhead,profit and damages. §14.1A If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a to Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may,upon seven additional days' written notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976.1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA•Document is protected by U.S.Copyright Law and International Treaties. 39 4W Unauthorized reproduction or distribution of this AIA•Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) NOW ttiia No §14.2 TERMINATION BY THE OWNER FOR CAUSE §14.2.1 The Owner may terminate the Contract if the Contractor: go .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; low .3 persistently disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction;or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. to §14.2.2 When any of the above reasons exist,the Owner,upon certification by the Architect that sufficient cause exists to justify such action,may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any,seven days' written notice,terminate employment of the Contractor am and may,subject to any prior rights of the surety: .1 take possession of the site and of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Section 5.4;and wlr .3 finish the Work by whatever reasonable method the Owner may deem expedient.Upon request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. tr §14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. ric §14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case may be,shall be certified by the Architect,upon application,and this obligation for payment shall survive termination of the Contract. §14.2.5 In the event of termination of the Contract because of Contractor's failure to carry out the work,the Contractor shall have no claim against the Owner for profits or damages. §14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE §14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work in rr� whole or in part for such period of time as the Owner may determine. §14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay or interruption as described in Section 14.3.1.Adjustment of the Contract Sum shall include profit.No adjustment shall be made to the extent: .1 that performance is,was or would have been so suspended,delayed or interrupted by another cause for which the Contractor is responsible;or .2 that an equitable adjustment is made or denied under another provision of the Contract. §14.4 TERMINATION BY THE OWNER FOR CONVENIENCE §14.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause. Ilr §14.42 Upon receipt of written notice from the Owner of such termination for the Owner's convenience,the Contractor shall: .1 cease operations as directed by the Owner in the notice; 2 take actions necessary,or that the Owner may direct,for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice,terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright law and International Treaties. 40 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/1312004 under Order No.1000117582_1 which expires on 5/1012005,and is not for resale. User Notes: (1213553256) WON up so .4 The"proven loss"shall be limited to the time period up to the notification of contract termination. ► §14.4.3 In case of such termination for the Owner's convenience,the Contractor shall be entitled to receive payment for Work executed,and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. t�rlr ■ru mo to 61111 asr a�a VW am MMV up er rlr AIA Document A201*a—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties. 41 ■ss Unauthorized reproduction or distribution of this AIAs Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) tow ta. 610 Additions and Deletions Report for AIA®Document A201 TM- 1997 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:47:30 on 07/13/2004. PAGE 1 �r Reconstruction of 8th Green and Hillside Drainage Maplewood Golf Course 4050 Maple Valley Highway Renton,WA 98058 1tr City of Renton-Kelly Beymer,Project Manager .tr 1055 S.Grady Way Renton,WA 98055 John Steidel-Golf Course Architect P.O.Box 6566 +rte Kennewick,WA 99336 PAGE 14 §3.61 The Contractor shall submit records of taxes paid to the Department of Revenue in conformance with State requirements Retainage of final payment will be released after State Department of Revenue affidavit is received from the State and other contractual requirements are met. j'3.7.1 The Contractor shall"°apply and pay for the necessary permits , r licenses required for preper-the execution eP sempletien of the Work trr except that the Owner shall apply and pay for the GentFael-buildingpermit demolition permit,plan check fee, environmental impact statement checklist fees traffic mitigation fees fire mitigation fees,parks mitigation fees, wetland buffer mitigation fees,and eoneluded L.I.D.fees. tlr ... §3.7.2 The Contractor shall comply with and give notices required by laws,ordinances,rules,regulations and lawful orders of public authorities applicable to performance of the Work. The Contractor's Operations shall meet requirements of applicable Federal State law and all safety regulations set forth in"Safety Standards for Construction"and"General Safes Standards,"published and in effect at the time of receipt of bids as promulgated by the Department of Labor and Industries. PAGE 20 Additions and Deletions Report for AIA Document A201TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967, 1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA-Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/1312004 under Order No.1000117582_1 which expires on 5/10/2005,and is riot for resale. User Notes: (1213553256) WIN §4.3.5.1 When extra work is performed under an approved Change Order and paid for by acceptable lump sum or mutually agreed prices,the Contractor will be limited to a markup of 10%overhead and profit including employment taxes,fringe benefits,related labor costs on materials to be entered into the work,and on the ownership sl• or rental costs of construction plant and equipment employed during the time of the extra work. The markup does not apply to cost of materials. When extra work is performed as above by a subcontractor to the General Contractor,the General Contractor shall be limited to a 10%markup on the subcontractor's work. No further markup shall be permitted to cover the Contractor's costs for bonding,insurance and the like. trr PAGE 22 If a dispute arises out of or relates to this contract or the breach thereof,and,if said dispute cannot be resolved through administrative procedures and mediation the Contractor shall advise the Architect in writing that arbitration is desired according to the mediation rules of the American Arbitration Association. The costs of such arbitration shall be borne equally by all parties unless it is the board's majority opinion that the 1W Contractor's filing of the protest or action is capricious or without reasonable foundation. In the latter cases,all costs shall be borne by the Contractor. PAGE 26 sat Liquidated Damages• Work shall begin when the Contractor receives a formal"Notice to Proceed"and shall proceed with promptness and dispatch and shall be completed within Forty-Five(45)calendar days. Notice to Proceed shall not be given until the building permit is approved•the City Council,City Attorney,Risk Manager rm approve,and the Contractor provides Certificates of Insurance acceptable to the Owner in accordance with the requirements of Section 00810 and the General Conditions of the Contract for Construction,AIA A201,and construction schedule in accordance with Section 01310 and signed construction Contract with firm price. Mile For each calendar day after date established by the above allowed time that any portion of the work remains incomplete and any portion of the building that remains unav-ailable for occupancy(in the Owner's sole judgment), the sum of One Hundred Dollars($100 00) not to be construed in any sense a penalty,but as fixed,agreed, liquidated damages occurred by the Owner for failure of Contractor to meet the scheduled completion dates. PAGE 27 §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require,such as copies of requisitions from Subcontractors and material suppliers,and reflecting retainage if provided for in the Contract Documents. Applications made after the day of the month or the time period established as the final day for acceptable will be considered in the next payment period. Application shall be made on AIA Form G702 and G703 breakdown of work delineated on Form G703 shall be detailed on Schedule of Values. so a The Owner shall retain a sum equal to five percent(5%)of the amount earned by the Contractor,as a trust fund for the protection and payment of any person or persons mechanics subcontractor,or material suppliers who shall perform any labor upon this Contract and all persons who shall supply such person or persons of 'f Subcontractors with provisions and supplies for carrXing on of such work and the State of Washington with respect to taxes imposed pursuant to RCW Title 82 which may be due from same Contractor. b. In accordance with the provisions of Chapter 60.28 RCW above trust fund shall be retained for a minimum period of sixty(60)days following Final Completion and when the requirements of the Contract and requirements in Section 01700 Project Administration and Closeout,have been fulfilled. Additions and Deletions Report for AIA Document A201 ni—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967, 1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlO Document is protected by U.S.Copyright 2 Law and International Treaties.Unauthorized reproduction or distribution of this AIAo Document,or any portion of it,may result in severe civil and ttr criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) so it In the event these requirements are not met,the Owner may pay a percentage of the retainage,holding back that quantity of money reasonable to complete the unfinished items. Retainage held may cover costs including,but shall not be limited to,the following: material suppliers'and laborers.liens:tax liens:costs and attorney's fees to defray the cost of foreclosing all of the liens:costs and Architect's fees to defray cost of additional Construction Administration services. Refer to Section 01700,Project Administration and Closeout,for additional provisions on this subject. rr PAGE 31 4 other property at the site or adjacent thereto,including occupants of said property,customers,visitors, and passersby from injury and discomfort. PAGE 32 r It shall be the responsibility of the Contractor to comply with all requirements of the Occupational Safety and Health Act of 1971 (OSHA)and the Laws of Washington relative to industrial safety and health. The methods of compliance with safety and health precaustions are the responsibility of the Contractor and are not shown on the Contract Drawing or described in the Technical Specification. PAGE 34 Parties initiating claims against the Owner-provided insurance shall be financially responsible for the deductible iCWIY portion of the adjustment. PAGE 35 Mr' §11.4.3 Loss of Use Insurance.The Owner,at the Owner's option,may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however-causer.The. however caused. Yell PAGE 36 410 Performance Bond and Labor and Materials Payment Bond: The Contractor agrees to comply with all requirements of Chapter 39.08 RCW The Contractor shall secure and pay for a Performance Bond and a Labor and Materials Payment Bond issued by a bonding company licensed to transact business in the locality of the project,on the City Bond Form`Bond to the City of Renton,"attached and executed in pursuance to Chapter 39.08 Revised Code of ire Washington and any amendments thereto. The Bond Form must comma with all requirements of the City Attorney. The surety bond shall be in the following penal sums: tra Performance Bond—100%of agreement sum plus Washington State Sales Tax. Labor and Materials Payment Bond— 100%of agreement sum plus Washington State Sales tax. I�YI The Contractor guarantees the excellence of both quality of work and material and the payment of all obligations incurred until the provisions of the Contract document are fulfilled. In lieu of furnishing a Material and Payment Bond on contracts of Twenty-five Thousand Dollars($25,000.00)or less at the option of the Contractor,the Owner may,in lieu of the bond retain fifty percent(50%)of the contract amount for a period of sixty(60)days after date of final acceptance or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under am Chapter 60.28 RCW, whichever is later. PAGE 37 .r Additions and Deletions Report for AIA Document A201 TO—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967, 1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA° Document is protected by U.S.Copyright 3 Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is rat for resale. User Notes: (1213553256) irir r err Where items on the Architect's"Punch List"have not been corrected prior to expiration of the guarantee period,it shall nevertheless be the responsibility of the Contractor to permanently correct items and the Contract shall not be Mypgrformed until such permanent corrections are made. All corrective work performed by the Contractor in remedying defective work shall be subject to the same guarantee requirements of the original work for a period of one year from the date of completion of the corrective work. As directed by Architect,replace entirely,at no additional cost to Owner,any work requiring repeated service other_ rtr than normal maintenance during guarantee period. PAGE 40 to §14.2.5 In the event of termination of the Contract because of Contractor's failure to carry out the work,the Contractor shall have no claim against the Owner for profits or damages. PAGE 41 .4 The"proven loss"shall be limited to the time period up to the notification of contract termination. rrt +1110 .srlr a� r INS srr rfr Additions and Deletions Report for AIA Document A201TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967, 1970,1976,1987 and 1997 by The American Institute of Architects. All rights reamed. WARNING:This AIAe Document is protected by U.S.copyright 4 Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and am criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:47:30 on 07/13/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (1213553256) aw r BOND TO THE CITY OF RENTON •� KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned as principal, and corporation organized and existing under the laws of the State of as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the ` penal sum of$ for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or person representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinance of the City of Renton. Dated at ,Washington, this day of , 200_. Nevertheless, the conditions of the above obligation are such that: ow WHEREAS, under and pursuant to Public Works Construction Contract CAG- providing for construction of rr (project name) the principal is required to furnish a bond for the faithful performance of the contract; and ,r. WHEREAS, the principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. �r Principal Surety Signature Signature Title Title rr MAPLEWOOD GOLF COURSE +�+ RECONSTRUCTION OF 8T"GREEN AND HILLSIDE DRAINAGE INSURANCE& RELATED REQUIREMENTS PART 1. MINIMUM INSURANCE COVERAGE AND REQUIREMENTS The CONTRACTOR shall obtain and maintain the minimum insurance coverage set forth below. By requiring such minimum insurance, CITY OF RENTON shall not be deemed or construed to have assessed the risks that may be applicable to the CONTRACTOR under Contract. The CONTRACTOR shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. (1) Commercial General Liability - Accord Form or equivalent, written on an occurrence basis, including: • Premises and Operations (Including CG 2503 general aggregate to apply per project if applicable) ar • Explosion, Collapse and Underground Hazards • Products/Completed Operations • Contractual Liability (including Amendatory Endorsement CG 0043 or equivalent which includes defense coverage assumed under contract) • Broad Form Property Damage • Independent Contractors r Personal/Advertising Injury • Stop Gap Liability (2) Automobile Liability including all Owned Vehicles • Non-Owned Vehicles Hired Vehicles (3) Workers'Compensation • Statutory Benefits - Show Washington Labor& Industries Number (4) Umbrella Liability • Excess of Commercial General Liability and Automobile Liability. Coverage should be as broad as primary. PART 2. CONTRACTORS INSURANCE REQUIREMENTS The CONTRACTOR shall carry the following limits of liability as required below: 1. Commercial General Liability General Aggregate* $2,000,000 Products/Completed Operations Aggregate $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Stop Gap Liability $1,000,000 *General Aggregate to apply per project Insurance& Related Requirements PAGE 1 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T"GREEN AND HILLSIDE DRAINAGE INSURANCE& RELATED REQUIREMENTS 2. Automobile Liability Bodily Injury/Property Damage $1,000,000 (Each Accident) 3. Workers' Compensation Statutory Benefits - Show Washington Labor & Industries Number 4. Umbrella Liability Each Occurrence Limit $1,000,000 Atli General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 PART 3. ADDITIONAL REQUIREMENTS CONTRACTOR shall Name CITY OF RENTON, and its officers, officials, agents, employees and volunteers as Additional Insureds (ISO Form CG 2010 or equivalent). CONTRACTOR shall provide CITY OF RENTON Certificates of Insurance and copies of policies, if at our sole discretion it is deemed appropriate Further, all policies of insurance described above shall: 1. Be on a primary basis nor contributory with any other insurance coverage and/or self- insurance carried by CITY OF RENTON. 2. Include a Waiver of Subrogation Clause. 3. Severability of Interest Clause (Cross Liability) 4. Policy may not be non-renewed, canceled or materially changed or altered unless forty- five (45) days prior written notice is provided to CITY OF RENTON. Notification shall be provided to CITY OF RENTON by certified mail. An example of an acceptable cancellation clause is as follows: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 45 days written notice to the certificate holder named to the left. eblegation 9F liability of any kiRd upon the GempaRy, ats agents 9F FepFeSeRtative6 5. The CONTRACTOR shall promptly advise the CITY OF RENTON in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At his or her own expense the CONTRACTOR will reinstate the aggregate limits to comply with the minimum requirements and shall furnish to the CITY OF RENTON a new certificate of insurance showing such coverage is in force. ilk Insurance&Related Requirements PAGE 2 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T"GREEN AND HILLSIDE DRAINAGE INSURANCE& RELATED REQUIREMENTS 6. Required insurance coverage shall be maintained throughout the term of this contract, except Automobile Liability and Workers' Compensation, for a period of two (2) years after the date of substantial completion of the project. 7. On all Certificates of Insurance, the Certificate Holder shall be listed as "City of Renton, Washington, Attention: Kelly Beymer, Project Manager". END OF SECTION s r r. rr �r irr Insurance& Related Requirements PAGE 3 Al^,///l'''�RD�M CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDONY) I�J PRODUCER FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: y COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENTS,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MM/DDNY (#2) LIMITED GENERAL LIABILITY a) EACH OCCURRENCE $ 1,000,000 (#1) 7Y COMMERCIAL GENERAL LIABILITY b) FIRE DAMAGE An one fire $ 50,000 CLAIMS MADE ❑X OCCUR C) MED EXP(Any one person) $ 5,000 T: d) PERSONAL&ADV INJURY $ 1000 000 e) GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: 0 PRODUCTS-COMP/OP AGG $ 1,000,000 ❑POLICY ❑PROJECT ❑LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (#3) X ANY AUTO a) (Ea aocident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS b) (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS C) (Per accident) $ d) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ❑ANY AUTO _ N/A OTHER THAN EA ACC AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE (#4) ❑OCCUR ❑CLAIMS MADE AGGREGATE DEDUCTIBLE ❑RETENTION $ t� (#5 WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ Vill E.L.DISEASE-POLICY LIMIT 1 $ (#6) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (#7) City of Renton is named as an additional insured (#9) CERTIFICATE HOLDER ❑X ADDITIONAL INSURED;INSURER LETTER: CANCELLATION (#6) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE City of Renton THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL Milli Attn: 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 1055 South Grady Way THE LEFT. Renton, WA. 98055 AUTHORIZED REPRESENTATIVE Certificate of Insurance Guidelines The following is an attempt to further clarify the requirements that are mandated by the City of Renton in referenced to projects „y/events and the limits of insurance coverage you are expected to provide the City. First and foremost, it is important to remember that the limits being shown in the attached form are only minimum limits. There may be times when the project/ event will need additional coverage in some areas. 1. General Liability: Insurance protecting the person or im INSR organization from liability exposures. Make sure that LTR TYPE OF INSURANCE the Commercial General Liability and Occurrence GENERAL LIABILITY (Occur) boxes are checked. There are several areas # 1 in the General Liability area. These we designate as X COMMERCIAL GENERAL LIABILITY "limits". CLAIMS MADE Im OCCUR # 2 Limits a EACH OCCURRENCE $ 1,000,000 b FIRE DAMAGE (Any one fire) $ 50,000 2. Limits: The amount of insurance coverage the C MED EXP(Any one person) $ 5,000 insured (you, in this case) has purchased. d PERSONAL&ADV INJURY $ 1,000,000 2a. Each Occurrence: amount is the most the @ GENERAL AGGREGATE $2,000,000 insurance policy will pay for one occurrence. +w This limit is$1,000,000 minimum, subject to increase. f PRODUCTS-COMP/OP AGG $ 1,000,000 2b. Fire Damage: amount is the most the insurance 2e. General Aggregate: this amount is the most the policy will pay for a fire that you are responsible for in insurance policy will pay during the policy regard- premises that you lease or that are in your care, less of the number of claims. This limit is$2,000,000. custody or control. This number is pretty standard at There are few exceptions to this minimum limit. $50,000. 2f. Products-Completed Operations Aggregate: This is 2c. Medical Expenses(Any one person): this is"no-fault" the most the insurance policy will pay for liabilities medical expense insurance provided to other parties arising out of the Products-Completed Operations injured during the event/project on the property. exposure. This coverage is generally provided with the This is required for all projects/events conducted General Liability policy. The minimum limit here is in the city. $1,000,000. This provides for products or business operations conducted away from your premises once 2d. Personal &Advertising Injury: provides$1,000,000 the project/event is completed or abandoned. coverage for personal injury(not bodily injury)including a COMBINED SINGLE LIMIT slander,libel,false arrest, malicious prosecution, (Ea accident) $ 1,000,000 invasion of privacy and advertising liability for exposure {� BODILY INJURY $ of any advertising activities. N (Per person) BODILY INJURY $ # 3 AUTOMOBILE LIABILITY C+ Per accident PROPERTY DAMAGE $ r X ANY AUTO d (Per accident) ALL OWNED AUTOS 3a. Combined Single Limit: This is the most the insurance SCHEDULED AUTOS policy will pay for bodily injury and property damage HIRED AUTOS combined for each accident. This limit is$1,000,000. This area of coverage includes both the Bodily Injury NON-OWNED AUTOS and the Property. 3b. Bodily Injury(Per person): This is what the insurance policy would pay for bodily injury to one person from the accident. Not needed if Combined Single Limit is in 3. Automobile Liability: This coverage insures against effect. liability claims arising out of the use of a covered auto. The box"Any Auto"should be checked. This area of 3c. Bodily Injury(Per accident): This is what the insurance coverage is determinable on whether any vehicles will policy would pay for bodily injury from each accident, be used during the project/event. If there will not be regardless of the number of persons injured. Not needed any automotive involvement,there will be no need for if Combined Single Limit is in effect. this coverage. 3d. Property Damage: This is what the insurance policy am would pay for third party property damage resulting from one accident during your project/event. Aw EXCESS LIABILITY 4. Excess Liability: Provides liability coverage on top of the OCCUR F-1 CLAIMS MADE primary(General and Auto) General liability policy and may # t� provide excess limits over Auto Liability. If you are unable to provide the limits for the General Liability and Auto Liability, DEDUCTIBLE this area needs to be filled in to provide an"umbrella"form of coverage that,when added to the General and Auto Liabili- RETENTION $ ties,will meet or exceed the limits required by the City. WORKERS'COMPENSATION AND EMPLOYERS' LIABILITY 5. Workers'Compensation and Employers' Liability: Please # 5 list state number on certificate,where indicated. If number od is not known, provide copy of State Certificate of Workers' Compensation Coverage. If self-insured, please indicate on the certificate. OTHER 6. Other: This area is designated for any other coverage that may apply to your individual project/event needs, such as # 6 Professional Liability. DESCRIPTION OF OPERATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS # 7 7. Description of Operations/Locations/Vehicles/Special Items: This section is provided for descriptive text regarding the project/event. Please fill out with any assigned numbers, project/event names, contact people,etc. You may add the additional language in this area; however,you will need to provide the City with an Additional Insured Endorsement,as well. CANCELLATION # 8 Al 8. Cancellation Clause: The City of Renton requires a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES non-qualified cancellation clause. Therefore,the BE CANCELED BEFORE THE EXPIRATION DATE cancellation language must read as follows:"Should any THEREOF,THE ISSUING COMPANY WILL MAIL 45 of the above-described policies be canceled before the DAYS WRITTEN NOTICE TO THE CERTIFICATE , j expiration date thereof,the issuing company will mail 45 HOLDER NAMED TO THE LEFT. days written notice to the certificate holder named to the left. DESCRIPTION OF OPERATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS # 9 CITY OF RENTON named as additional insured 9. Additional Insured Status: The City must be named as an additional insured on all projects/events where insurance is required. Although the proper wording may appear in the"Descriptions"box, it is still necessary for the Additional Mille Insured Endorsement to be provided as well. at GENERAL REQUIREMENTS DIVISION 2 L CITY OF RENTON SU,A&IARY OFAMEWCANS WITH DISRBlI.1TlES ACT POLICY ADOPTED BTRESOLU77ONNO. 3007 The policy of the City of Renton is to promote and afford equal team and service to all citizens and to assure employment opportunity to persons with disabilities, when the City of Renton can reasonably accommodate the disability. This policy shall be based on the principles of equal employment opportunity, the Americans With Disabilities Act and other applicable guidelines as set forth in federal,state and local laws. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - All activities relating to employment such as recruitment, selection,promotion,termination and training shall be conducted in a non- discriminatory manner. Personnel decisions will be based on individual performance, staffing requirements, and in accordance with the Americans With Disabilities Act and other applicable laws and regulations. r (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organuations and commissions organized to promote fair practices and equal opportunity for persons with disabilities in employment and receipt of City services,activities and programs. (3) AMERICANS WITH DISABU rMS ACT POLICY-1he City of Renton Americans With Disabilities Act Policy will be maintained to facilitate equitable representation within the City work force and to assure equal employment opportunity and equal access to City services, activities and programs to all people with disabilities. It shall be the responsibility and the duty of all City officials and employees to carry out the policies and guidelines as set forth in this policy (4) CONTRACTORS' OBLIGATION - Contractors, subcontractors, consultants and suppliers conducting business with the City of Renton shall abide by the requirements of the Americans With Disabilities Act and promote access to services, activities and programs for people with disabilities. Copies of this policy shall be distributed to all City employees,shall appear in all operational documentation of the City, including bid calls,and.shall be prominently displayed in appropriate City facilities. CONCURRED IN by the City Council of the City of Renton, Washington, this 4th. day of October 1993. C ON RENTON CITY COUNCIL: ew Mayor cil President Attest: +� City Clerk VU CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non- discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job-related criteria which does ■ not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements,governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. rri (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. r CONCURRED IN by the City Council of the City of RENTON, Washington,this 7thday of October, 1996. CITY OF RENTON: RENTON CITY COUNCIL: ft ayor Council President Attest: r City Clerl r 016_SUMMARY.DO(\ rr r. CITY OF RENTON + FAIR PRACTICES POLICY NT AFFIDAVIT OF COMPLIANCE hereby confirms and declares that (Name of contractor/subcontractor/consultant) I. It is the policy of to offer equal (Name of contractor/subcontractor/consultant) opportunity to all qualified employees and applicants for employment without regard to the race,creed, color, sex, national origin,age,disability or veteran status. II. complies with all applicable (Name of contractor/subcontractor/consultant) federal, state and local laws governing non-discrimination in employment. III. When applicable, will seek out and err (Name of contractor/subcontractor/consultant) negotiate with minority and women contractors for the award of subcontracts. Print Agent/Representative's Name (' Print Agent/Representative's Title so Agent/Representative's Signature Date Signed qtr trr 40 Department of Labor and Industries AFFIDAVIT OF WAGES PAID 11110 Prevailing Wage (360)902-5335 Public Works Contract www.ini.w&gov/prevaling wage $25.00 Filing Fee Required •This form must be typed or printed in ink. Project Name Contract •Fill in all blanks or form will be returned for correction(Ite-back). •Please a]low a minimum of 10 working days for processing. Contract Awarding Agency(public agency-not federal or private) Address 00 Contractor,company or agency name,address,city.state&ZIP+4 City State Z(P+4 to Awarding Agency Project Contact Person Phone# County where work was performed City where work was performed Bid due date (mldly) Date contract awarded (m/d1y) -Prime contractor—(has-contract with the-public—agency)----"--Contractor-'Registration No. Date work completed (m/d/y) Date Intent filed (m/d/y) Craft/trade/occupation and apprentices(For apprentices,give name. i Number Total#hrs Rate of 1 Rate of hourly registration trade,dates of work on project and stage of progression) of Workers worked-ea trade Hourly Pay fringe benefits ........... I Company name,address,city,state,ZIP-+4 Indicate total dollar amount of your contract $ I hereby certify that the above information is correct and that all workers I employed on this Public Works Project were paid no less than the Prevailing Wage Rate(s) as determined by the Industrial Statistician of the Department of Labor and Industries. Irtr Contractor Registration No. UBI Title Signature Email address Phone number :11MI1101i Itlillillii i 1 11 1 1 Check Number. Amount: CERTIFIED: Department of Labor and Industries Issued Issued By: rr Iry By Industrial Statistician F700-007-000 affidavit of wages 2-02 After APPROVAL send white copy to Awarding Agency. Camry copy-L&I Mel's .r MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8'GREEN AND HILLSIDE DRAINAGE CERTIFICATION OF PAYMENT OF PREVAILING WAGES Date: +rr Ref: Pay Estimate No. Project Reconstruction of W"Green/Hillside Drainage CAG No. This is to certify that the prevailing wages have been paid to our employees and our subcontractors' employees for the period from through in accordance with the Intents to Pay Prevailing Wage filed with the Washington State Department of Labor&Industries. This form will be executed and submitted prior to or with the last pay request. Company Name By: wr Title: r MW ar wr Certification of Payment of Prevailing Wages PAGE 1 r.. ftv MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T" GREEN AND HILLSIDE DRAINAGE APPLICATION FOR PAYMENT to rr PART1 GENERAL 1.01 SECTION INCLUDES Submit Application for Payment based upon Schedule of Values previously submitted to and approved by the Owner's Representative. 1.02 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: AIA Doc G702 .rr 1. Fill in required information. a. Include Change Orders approved prior to Application submittal date. b. Fill in summary of dollar values to agree with respective total indicated on any continuation sheets. C. Original signatures on all copies by responsible officer of Contract firm; notarized. B. Continuation Sheets: AIA Doc G703 1. Totally fill in all schedule component work items. Show item number/scheduled dollar value/item Schedule of Values/01370. 2. Fill in dollar value in each column for each scheduled line item. a. Round off values to nearest dollar/Tally Sheet. b. If no work has been performed, show "0." 3. At end of continuation sheets, list each Change Order approved prior to submission date. a. List by Change Order Number, and description, as for an original +w component item of work. b. Show WSST as a separate item and including a separate item for each change order. w 1.03 SUBMITTAL PROCEDURE A. Submit four copies of Application for Payment at times stipulated in Agreement between Owner and Contractor. Allow stipulated time for processing. B. When Owner's Representative finds Application properly completed and correct, he transmits Payment Certificate to applicable department for payment. END OF SECTION �r. it Application for Payment PAGE 1 rr. wo MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T"GREEN AND HILLSIDE DRAINAGE SPECIAL PROVISIONS +r PART 1 GENERAL 1.01 SPECIAL PROVISIONS A. The following items, as Special Provisions of the Owner, are hereby made a part of this Contract Document in addition to the Conditions and Supplementary Conditions. B. Should conflicts occur between these Provisions and the Conditions and Supplementary Conditions, the Special Provisions govern. 1.02 ORGANIZATION & FORMAT OF SPECIFICATIONS A. Organization: Division and paragraph numbers, as listed in the "Table of Contents" of the Project Manual and the items of work included under the headings generally conform with the "Master Format" of the Construction Specification Institute. Numbering of paragraphs and divisions is merely for convenience and identification and may not be consecutive; the Contractor shall check his copies of the Contract Documents with the specification index and drawing index to be sure that they are complete. Trade headings are used in the specifications for convenience only. The Owner is not bound to define the limits of any subcontractors. �r. B. Format: These specifications are of the abbreviated or "streamlined" type, and frequently include incomplete sentence. Words such as "shall", "shall be", "the Contractor shall" and similar mandatory phrases are noted on the drawings. Phrases following a heading for material or item of equipment and listing required features or characteristics of the item shall be construed as meaning, "The item shall be...", or "The item shall include...", and the Contractor shall " provide all items, articles, materials, and operations listed; including all labor, material, equipment and incidentals required for satisfactory installation and r. completion of the work. C. Definitions: The following terms are used in the Contract Documents and are defined as follows: 1. The terms "approved" and "for approval" mean "approved in writing by the Architect" and "for the Architect's written approval". 2. The term "coordinate" means "satisfactorily combine the work of all ■. trades for a complete and operating installation". 3. The term "selected" means "selected by the Architect". 4. The term "provide" means "furnish and install". 5. The term "directed" means "as directed by the Architect". 6. Where the terms, "or approved" or "or approved equal" are used, the Owner is the sole judge of the quality and suitability of the proposed ar substitution. D. Indicated Manufacturer: Materials, articles and pieces of equipment are identified on the drawings and in the specifications by reference to a specific manufacturer's or manufacturers' name, trademark, model or catalog number. The respective manufacturer's or manufacturers' standard specification for Special Provisions PAGE 1 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T"GREEN AND PEC AIDE DRAINAGE such material, particle or piece of equipment shall be deemed to be included herein unless otherwise modified or indicated. E. Related Work: Certain Sections of these Specifications include references to "Related Work", shown in other Sections of these Specifications. These references are provided only as a convenience �requirements in other always occur, or always reference all elated work orequ sections. The Contractor shall be responsible for conformance to these entire specifications, and shall be responsible for insuring that all requirements and work in separate sections, whether referenced or not for his convenience, are properly coordinated and executed. 1.03 STANDARD SPECIFICATIONS A. Reference in the technical divisions of these specifications to standard date of the following organizations shall mean the latest edition at the date noted on the specification book, unless otherwise noted. The Contractor shall conform with said standard requirements when reference is made thereto as if the data were repeated verbatim in the specifications, except where standard data are supplemented and modified by the Specifications. B. Abbreviations: Standard data of the following organizations are referenced in the specifications, and the organization names are abbreviated as noted. AAN: American Association of Nurserymen, 835 Southern Bldg., Washington, D.C. 20006 ACI: American Concrete Institute, P.O. Box 4754, Redford Station, Detroit, Michigan 48219 AIA: American Institute of Architects, 1735 New York Avenue, art Washington, D.C. 20006 ANSI: American National Standards Institute, 1430 Broadway, New York, N.Y. 10018 APWA: American Public Works Association, Washington State Chapter, Olympia, Wa. 98504 ASTM: American Society for Testing & Materials, 1916 Race St., Philadelphia, Pa. AW I: Architectural Woodwork Institute, 13924 Braddock Road, Centreville, Va. 22020 AWS: American Welding Society, 33 West 39th Street, New York, N.Y. 100d18 AWWA: American Water Works Association, 2 Park Avenue, New York, N.Y. 10000 CRSI: Concrete Reinforcing Steel Institute, 38 South Dearborn St., Chicago, Ill. CS: Commercial Standard of the U.S. Department of Commerce, Washington, D.C. 20025 CSI: Construction Specifications Institute, 1717 Massachusetts Ave. N.W., Washington, D.C. 20036 DPFA: Douglas Fir Plywood Association, now known as American Plywood Association, P.O. Box 1337, Tacoma, Wash. 98401. Special Provisions PAGE 2 'r' MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T"GREEN AND HILLSIDE DRAINAGE SPECIAL PROVISIONS +� IEEE: Institute of Electrical & Electronic Engineers, 33 West 39th St., New York, N.Y. 10018 IPCEA: Insulated Power Cable Engineers Association, 283 Valley Road, Montclair, New Jersey 07042 NEMA: National Electrical Manufacturer's Association, 155 East 44th At., New York, N.Y. 10017 NFPA: National Fire Protection Association, 60 Betterymarch St., Boston, Mass. 02110 NWMA: National Woodwork Manufacturers Association, 400 West Madison Wn., Chicago, III. 60600 PS: Product Standard of U.S. Dept. of Commerce, Washington, D.C. 20025 SSPC: Steel Structures Painting Council, 4400 Fifth Ave., Pittsburgh, Pa. 15213 UBC: Uniform Building Code of International Conference of Building Officials, 530 South Workman Hill Road, Whittier, California 90601 UL: Underwriter's Laboratories, 333 Pfinsten Road, Northbrook, III. 60062 +r WPWA: Washington Public Works Association WWPA: Western Wood Products Association, Yeon Building, Portland, Oregon 97204 WSDOT: 'Washington State Department of Transportation 1.04 PROTECTION A. Protection of Employees: in order to protect the lives and health of its employees under the Contract, the Contractor shall comply with all pertinent provisions of the Occupational Safety and Health Administration including the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act, as pertains to health and safety standards; the Washington Industrial Safety and Health Act; and shall maintain r an accurate record of cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance, or operation. err B. Protection of Property: The Contractor shall at its own expense carefully protect from injury trees (other than those authorized for removal under clearing operations), building, telephone, telegraph or power and light poles, water lines, conduit, drains, culverts or any other structures and improvements at no cost to the Owner, leaving them in as good condition as they were prior to his interference, determined by the Architect; and the Contractor shall be liable for any damages or claims arising from these interferences with said structures. The Contractor shall make every effort to avoid damage to or breaking of water mains or service pipes and shall be responsible for determining actual locations of public and private utilities in the field and Special Provisions PAGE 3 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T"GREEN AND SPEC AIL DE DRAT AGE checking with the appropriate agencies involved. The Contractor shall be solely responsible for any damage resulting from his operations. g C. Payment by the Owner for materials or equipment stored on site or off site, or for work, does not relieve the Contractor of his responsibility to incorporate said materials and equipment into the work, and for protecting these materials, �i equipment and work from damage, theft, or destruction. 1.05 NUMBER OF SPECIFIED ITEMS REQUIRED Wherever in these specifications, an article, device or piece of equipment is referred to in the singular number, such reference applies to all and as many such articles as are shown on the drawings or required to complete the installation. 1.06 CONTRACT RESTRICTION A. Time of Completion: The work of this Contract shall commence immediately after the effective date of the Notice to Proceed and shall be fully completed within the specified number of calendar days. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date Of beginning and the time for completion as specified in the Contract of Work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the Work embraced in this Contract shall be commenced on a date to be specified in the Notice to Proceed. The Contractor agrees that said Work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the Work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. B. Liquidated Damages: If the said Contractor shall neglect, fail or refuse to complete the Work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay to the Owner an amount of money for each calendar day of delay after the time set, not as a penalty but as liquidated damages for loss of use of the facility. The amount of money shall be as described in Instructions to the Bidders. Said amount shall be retained from time to time by the Owner from current periodic estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specification wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner: Provided further, that the Contractor shall not be charged with Special Provisions PAGE 4 go No MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T"GREEN AND HILLSIDE DRAINAGE SPECIAL PROVISIONS "■ liquidated damages or any excess cost when the delay in completion of the work is due: 1. To any preference, priority or allocation order duly issued by the .w Government, and 2. To unforseeable cause beyond the control and without the fault or negligence of the Contractor, including but not limited to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather, and 3. To any delays of subcontractors or suppliers occasioned by any of the causes specified in subsections 1 and 2 of this paragraph; Provided further, that the Contractor shall within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner, in writing, of the cause of delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. +• C. The foregoing provision for liquidated damages is in addition to and not in limitation of any other rights or remedies available to the Owner. 1.07 PRE-CONTRACT CONFERENCE After opening of Bids and before the signing of the Contract, the successful Bidder shall meet with the Owner within 10 days of bid opening to coordinate the Progress Schedule and to discuss other requirements that may be of concern to any of the parties involved; conditions mutually agreed upon at this conference may be +r incorporated into the Contract. 1.08 PAYMENTS A. Payment shall be made in a lump payment at completion of project. 1.09 INSTRUCTIONS rr All instructions will be given to the Contractor, or to his authorized agent, by the Architect for distribution to subcontractors or tradesmen on the Work; in like manner all communication from subcontractors and tradesmen on the Work to the Owner or Architect will be given through the Contractor; no subcontractors or tradesmen shall contact the Owner or Architect to discuss the Work, except as the Contractor may arrange. 1.10 HAZARDOUS AND TOXIC SUBSTANCES VW A. Raw Sewage Liquids: Raw sewage liquids, without solids, removed from a manhole or sewer main may be disposed of in a City owned sewer manhole with the approval by the Owner's field representative for each manhole wr location. Special Provisions PAGE 5 rrr MAPLEWOOD GOLF COURSE RECONSTRUCTION OF eH GREEN AN SPEC IA DRAINAGE B. The following toxic substances may not be disposed into the City's sewn e system and must be disposed off site per all applicable laws and regulations the expense of the Contractor: 1. Solids: Any solids removed from the manhole being serviced, including, but not limited to, rocks, concrete, vegetation, wood products and by- products. 2. Flammable or Explosive Material: Flammable liquids, solids, or gases capable of causing or contributing to explosion or supporting combustion in any sewerage facilities including, but not limited to, the following: fuel oil, waste crankcase oil, and acetylene generation sludge. 3. Odorous Substances: Any noxious or malodorous gas or substance which either by itself or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry by authorized personnel to pump stations and other sewerage facilities. 4. Toxic Vapor: Any gas or substance which either by itself or by interaction with other wastes can produce a toxic vapor. These substances include, but are not limited to, chlorinated hydrocarbons, hydrogen sulfide, sulfur dioxide, and cyanide compounds. 5. Corrosive Substances: Any gas or substance which either by itself or by interaction with other waste may cause corrosive structural damage to sewer works or treatment facilities, but in no case wastes with a PH lower than 5.5. 6. Excessive Waste: Wastes at a flow rate and/or pollutant discharge rate which are excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency. 7. Slurry Type Materials: Materials such as concrete slurry or liquid epoxy mix or other substance that may harden in the sewer system. C. Toxic Waste Materials: Material removed from any sewage utility which has contact with the raw sewage or vapors is considered toxic waste material and must be disposed of in a proper manner as outlined by the State. This material shall not be disposed of in the City. D. The City does not provide a waste site for this project. The Contractor is responsible for legal disposal of all waste materials. 1.11 CONDITION OF WORKSITE The Contractor shall examine the premises and conditions of the site affecting the Work and shall compare them to conditions as represented in the Contract Documents. Should conflicts or inconsistencies between the actual conditions and Special Provisions PAGE 6 to MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T"GREEN AND HILLSIDE DRAINAGE SPECIAL PROVISIONS N+ the Contract Documents be noted, the Contractor shall notify the Owner and await his directions. 1.12 APPARENT CONTRADICTIONS It is mutually agreed and understood between the Owner and the Contractor that if any instance of contradiction between drawings of different scale, or between drawings and specifications, or between sections of the specifications, the more stringent requirements shall be interpreted as being in the Contract Sum. 1.13 OWNER OCCUPANCY The Owner reserves the right to use or to occupy the Project or any part thereof or to use the equipment installed under the Contract, prior to final payment and acceptance of the Work or any part thereof. Such use shall not negate or change the responsibility of the Contractor to the Owner for satisfactory completion of the Work, nor shall it negate any insurance provisions specified to be carried in full force until the time of acceptance. END OF SECTION r. �r +r �r Special Provisions PAGE 7 +rr MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T"GREEN AND HILLSIDE DRAINAGE CHANGE ORDERS ,,,, PART 1 GENERAL 1.01 SECTION INCLUDES 10 Promptly implement change order procedures including: 1. Submittals 2. Documentation of change in Contract Sum/Price and Contract Time 3. Change procedures 4. Construction change directives 5. Unit price change orders 6. Execution of change orders 7. Correlation of contractor submittals +rr 1.02 SUBMITTALS A. Submit name of the individual authorized to receive change documents, and be w. responsible for informing others in Contractor's employ or subcontractors of changes to the Work. B. Change Order Forms: AIA G701. 1.03 DOCUMENTATION OF CHANGE IN CONTRACT SUM / PRICE AND CONTRACT TIME A. Submit detailed records of work to be done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. C. On request, provide additional data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. �r +wr Change Orders PAGE 1 .r MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T" GREEN AND HILLSIDE HANGE ORDERS 1.04 CHANGE PROCEDURES A. Owner will advise of minor changes in the Work not involving an adjustment to Contract sum or Contract Time, B. The Owner's Representative may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change and the +rr period of time during which the requested price will be considered valid. Contractor will prepare and submit an estimate within 5 days. C. The Contractor may propose a change by submitting a request for change to the Owner, describing the proposed change and its full effect of the Work, with a statement describing the reason for h change, and the and effect tatement '� Contract/Sum Price and contract Time with describing the effect on Work by separate or other contractors. - 1.05 CONSTRUCTION CHANGE DIRECTIVE - EMERGENCY CONDITIONS A. Owner may issue a document, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order only under emergency conditions or as authorized by the Owner. B. The document will describe changes in the Work, and will designate method of irr determining any change in Contract Sum or Contract Time. C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to tl substantiate costs for changes in the Work. • E. Promptly execute the change in Work. 1.06 UNIT PRICE CHANGE ORDER ntities, the Change Order will be executed on a For pre-determined unit prices and qua fixed unit price basis. 1.07 EXECUTION OF CHANGE ORDERS Execution of Change Orders: Owner will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. Y ih END OF SECTION ;z Change Orders ' PAGE 2 iw MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8'GREEN AND HILLSIDE DRAINAGE REGULATORY REQUIREMENTS rr PART1 GENERAL M 1.01 SECTION INCLUDES A. Comply with all governing laws, ordinances, statutes, rules and regulations, bearing on the conduct of the work as drawn and specified. This includes modifications, amendments, additions, and the like, current as of Project Manual Date. B. Referenced codes establish minimum requirement levels. Where provisions of various codes or standards conflict, the more stringent provisions govern. Promptly submit to Architect written notice of observed contract document r variations from legal requirements. C. Compliance requirements include, but are not limited to following: 1. Uniform Building Code and City of Renton amendments to Code and Related Standards, 1994 Edition, published by the International Conference of Building Officials. 2. WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2000 Edition. 3. Rules and Regulations for the State/City/County Board of Health, as applicable. 4. Department of Labor and Industries Regulations. 5. Environmental Requirements: All work to be performed in compliance with relevant statutes and regulations dealing with prevention of environmental pollution and preservation of public natural resources. 6. Energy Requirements: Comply with insulation and energy conservation requirements of State of Washington, WAC 51.11. D. Specification of Higher Standards: Drawings and Specifications govern whenever Drawings and Specifications require higher standards than are required by �. governing codes, regulations, and the like. E. Jurisdiction Inspection Reports: Contractor shall immediately submit a copy to the architect and owner upon receipt of all on-going inspection reports made by the city, county, or state regulatory agencies pertaining to the construction and construction procedures. Contractor shall request from inspection agency that all inspection comments be made in writing and cite specific sections of code, rules or regulations being referenced. r END OF SECTION r err Regulatory Requirements PAGE 1 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T" GREEN AND HILLSIDE DRAINAGE QUALITY CONTROL PART 1 GENERAL 1.01 REQUIREMENTS INCLUDE err A. General Quality Control B. Workmanship C. Manufacturer's Instructions D. Testing Laboratory Services 1.02 QUALITY CONTROL, GENERAL Maintain quality control over subcontractors and suppliers, manufacturers, products, ,., services, site conditions, delivery schedules, and workmanship, to produce work of specified quality. ar 1.03 WORKMANSHIP A. Comply with industry standards B. Perform work by persons qualified to produce workmanship of specified quality. C. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking. 1.04 MANUFACTURERS' INSTRUCTIONS Comply with instructions in full detail, including each step in sequence. Should instructions conflict with Contract Documents, request clarification from Owner before proceeding. JW END OF SECTION a. Quality Control PAGE 1 aw irr MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T"GREEN AND HILLSIDE DRAINAGE r PART1 GENERAL INSPECTIONS&TESTS 1.01 SCOPE rw When a special inspection is required by the Owner, it is solely an assurance that Contract Document provisions are met. In no way is this to be construed as relieving the Contractor of his obligations to provide materials and workmanship in accordance with the specifications. r 1.02 COSTS Except as specified elsewhere, the Owner will select and pay for all initial services of inspections. When initial tests indicate non-compliance with the Contract Documents, ` the costs of initial tests associated with that non-compliance will be deducted by the Owner from the Contract Sum. All subsequent.re-testing will be performed by the same testing laboratory and the costs of any test not in compliance will be deducted from the rr Contract Sum. 1.03 CODE COMPLIANCE TESTING rr Inspections and tests required by codes, ordinances or by a plan approval authority, and made by a legally constituted authority, shall be the responsibility of and shall be.paid for by the Contractor, unless otherwise provided in the Contract Documents. 1.04 SUBMITTALS Promptly process and distribute all required copies of test reports and related instructions. "" 1.05 DUTIES OF INSPECTORS AND TESTING SERVICES A. General: Inspection and testing services may be engaged by the Owner for the to checking and testing of the following phases of the Work. B. Site work and Utilities: we 1. Compaction of Fill: Test fill after compaction for required densities. 2. Earthwork: Inspect excavations for conformance with specifications. 3. Depth and Class of material: Test surface materials for specified depth, ift class, and compaction. 4. Material make-up: Test for compliance with specifications. 1.06 CONTRACTOR'S RESPONSIBILITY A. Notification: 1. Notify Owner's Representative at least 48 hours before inspection will be required. aw Inspections &Tests PAGE 1 wr MAPLEWOOD GOLF COURSE RECONSTRUCTION OF CH GREEN AND HILLSIDE DRAINAGE INSPECTIONS &TESTS B. Defective Work: Remove defective personnel t Documents any materials and work fo nd by inspection at no additional cost to the Owner. rt END OF SECTION Y S s y 40 Inspections&Tests PAGE 2 .. MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T"GREEN AND HILLSIDE DRAINAGE PROJECT CLOSE-OUT .r PART1 GENERAL as 1.01 SCOPE At or near completion of construction of the project, certain items, or work and " submittals as specified elsewhere, are required prior to the Owner's acceptance and to final payment for the project which include, but are not limited to, the following: 1.02 CLEAN UP r.r Exterior Surfaces: Remove construction equipment and temporary facilities from premises; clean and disinfect areas occupied by sanitary conveniences; remove temporary connection to services and restore to "original" condition. Remove all construction debris and excess materials. Complete all final maintenance requirements and leave all pavements within the limits of work in a broom clean condition. 1.03 GUARANTEES A. Provide one year warranty in writing. B. Guarantees and warranties shall begin at the time specified in the Owner's r" letter of substantial completion. 1.04 PROJECT RECORD The contractor is to mark set of drawings to show accurate measurements of all underground and hidden utilities and services related to the project; record all changes of direction and locations and dimensions and elevations. Clearly mark set as "Record Documents: Contractors' Set" and maintain in good condition, available at all times for inspection by Owner and not used for construction purposes. Upon completion of the project and before final payment, the Contractor shall forward the Record Documents showing clearly all "as-built" notations including dimensions to accurately locate all of the above including changes, to the Owner. The recording of information is the responsibility of the Contractor and shall be done at no additional cost to the Owner. ■ 1.06 FINAL INSPECTION A. In accordance with the General Conditions, and after receipt of written notice that the work is ready for final inspection and acceptance and receipt of the final application for .payment, the Owner will make such inspection in the presence of the Contractor and furnish the Contractor with a "Punch List" of any items found incomplete or not in conformance with the contract documents. The Contractor shall remedy such defects within 30 days of his receipt of the list and the Owner will make one subsequent inspection of the work. B. Should correction not be made within the allotted 30 days and should additional inspections of the work be required due to failure of the Contractor to �. remedy defects listed, the Contractor shall pay to the Owner the cost of any Project Close-Out PAGE 1 .r MAPLEWOOD GOLF COURSE RECONSTRUCTION OF e"GREEN AND HILLSIDE DRAINAGE PROJECT CLOSE-OUT additional Engineer's construction management costs on their published per hour rate of the actual cost of the expenses, plus travel expenses by private automobile at the rate of 32.0 cents per mile. Such sum shall be deducted from the Contractor's final payment. When the Owner finds the work acceptable under the final certificate for payment stating that, to the best of his knowledge, information and belief, and the basis of his observations, the work has been completed in accordance with the terms and conditions of the contract documents, then the entire balance found to be due to the Contractor, and noted in said final certificate less amounts indicated above, is due and payable in accordance with the General Conditions. 1.07 CORRECTION OF WORK DURING GUARANTEE PERIOD A. Corrections: Where items on the Owner's "Punch List" have not been corrected prior to expiration of the specified guarantee period, it shall nevertheless be the responsibility of the Contractor to permanently correct said items after the specified guarantee period, and the Contract shall not be fully performed until such permanent corrections are made. B. Guarantee Period: All corrective work performed by the Contractor in remedying defective work during the guarantee period following the Owner's acceptance of the project shall be subject to the same guarantee requirements of the original work for a period as specified for the original work, from the date of completion of the corrective work. Further, the Contractor shall pay to the City for the Owner the amounts noted in paragraph 1.06 for inspections to assure performance of remedial work in accordance with Contract Documents. Such payment shall be immediately reimbursed to the Ownerupon receipt by the Contractor of an itemized billing. 1.08 PROJECT CLOSE-OUT PROCEDURES CHECKLIST: RESPONSIBILITY The contractor shall provide those OF: items so specified as his responsibility. Owner 1. Statement of Completion Contractor 2. Acceptance, accept responsibility for: a. Insurance b. Utilities Owner 3. Final Punch List err Contractor 4. 100% Completion of Specification Requirements a. Clean-up b. Guarantees &Warranties c. Test Results d. As-Built Dwgs. by Contractor e. Maintenance & Instruction Manuals f. Keying Schedules Project Close-Out PAGE 2 a� MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8T"GREEN AND HILLSIDE DRAINAGE w PROJECT CLOSE-OUT Contractor 5. Final Billing/100% (all items complete) Contractor 6. State Tax Release & Certificate of Payment of B&O Tax Contractor 7. Intent to pay Labor and Industries a. Applied for by Contractor on b. Received on Owner 8. Acceptance of Work Letter Owner 9. City Council Final Acceptance Owner 10. Final Acceptance Letter(identifying warranty date) Owner 11. Lien Documentatin—45 days after Final Acceptance a. Certification of No Liens Contractor 12. Final Affidavit of Wages Paid Contractor 13. Dept. of Labor& Industries a. Insurance Release b. Workmen's Compensation Release Contractor 14. Affidavit of Payment of Debts and Claims (AIA G706) Contractor 15. Affidavit of Release of Liens (AIA G706A) Contractor 16. Certificate of State Sales Taxes Paid Contractor 17. Consent of Surety to Final Payment (AIA G707) Owner 18. Notice of Completion &Acceptance (Exec. Sig.) Owner 19. Processing of Retainage Payment begins a minimum of 45 days following date of Final Acceptance a. After Certification of Compliance is filed b. After Release from State Dept of Labor& Industries w C. After Release from State Employment Security Dept d. After Release from State Dept of Revenue Project Close-Out PAGE 3 rr MAPLEWOOD GOLF COURSE RECONSTRUCTION OF a GREEN AND HILLSIDE DRAINAGE PROJECT CLOSE-OUT e. After Receipt of all approved Affidavit Wages Paid from Contractor ■li 1.09 CERTIFICATE OF COMPLIANCE No final payment shall be made until the Contractor shall file with the City of Renton prior to acceptance of the work, a Certification of Compliance and release of liens in forms substantially as follows: I (we) hereby certify that all work has been performed and materials supplied in r�tt accordance with the plans, specifications and contract documents for the MAPLEWOOD GOLF COURSE RECONSTRUCTION OF e" GREEN AND HILLSIDE DRAINAGE, and that: ' a. Not less than the prevailing rates of wages as ascertained by the governing body of the contracting agency has been paid to laborers, workmen and mechanics employed on this work; b. There have been no unauthorized substitutions of subcontractor; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the Owner prior to the start of such subcontracted work; C. No subcontract was assigned or transferred or performed by any subcontractor other than the original subcontractor, without prior notice having been submitted to the Owner together with the names of all subcontractors; d. All claims for material and labor and other services performed in connection with the contract documents have been paid; and for those claims for which liens have been filed, a release of lien has been filed with the Owner; e. All moneys due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund, the State Department of Revenue, hospital associations and/or others have been paid; f. All provisions of nondiscrimination as called for in the contract documents have been complied with. 1.10 FINAL APPLICATION FOR PAYMENT Submit final Application for Payment in accordance with procedures and requirements of Owner. a. Submit"Affidavit of Wages Paid" from Contractor and all subcontractors. b. Lien waiver from General Contractor for entire contract. C. Proof of Payment of taxes from the State Dept of Revenue END OF SECTION Project Close-Out PAGE 4 SITEWORK DIVISION 3 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE ar SPECIAL CONDITIONS r. I. SPECIFICATIONS: The construction specifications provide guidelines and broad directions for implementation of the construction works. Tolerances of acceptable performance by the Contractor are clearly stated. No alterations or modifications to the working drawings or specifications shall be made without prior written approval from the Architect or Owner's Representatives. 2. COOPERATION: The Contractor will be required to cooperate at all times with the Owner,the Architect and other Contractors who may be performing work on behalf of the Owner. 3. COMMUNICATIONS: The Architect,Owner,and Contractor shall be copied on all written communications between any two of the above on all correspondence pertaining to Golf Course work. 4. STATE LICENSING: The Contractor shall be required to possess State registration and provide the Owner with a copy of such registration in accordance with the Laws of Washington. In addition,the Contractor must rr possess a current City of Renton Business License prior to signing a contract with the Owner or prior to beginning work. 5. PERMITS: The Contractor will be responsible for obtaining the Fill and Grade Permit. The City has completed all work for the Environmental Review and the Land Use Permit Master Application. 6. SURVEYS: Contractor shall be responsible for the layout of the work and shall verify all grades, lines, levels, rr and dimensions as indicated on drawings,and shall report any errors or inconsistencies to the Architect before commencing work. Maintain all reference points,if they are disturbed or destroyed,replace as directed. Contractor shall be responsible for the verification of grades at the completion of work. Contractor will be held responsible for the correctness of all work. 7. TELEPHONE: i. The Contractor shall maintain a local telephone where he or a qualified assistant may normally be reached during business hours. The Contractor shall also maintain a 24-hour telephone number where he may be reached in the case of an emergency. Failure to answer this telephone, failure to "W respond to calls,or negligence in carrying out the provisions of this contract may result in cancellation of the contract,or forfeiture of remaining contract payments. MW Special Conditions Page 1 aw MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN ANDS HILLSIDE NAGE CONDITIONS 8. CONTRACTOR'S STORAGE AREA: Si One specific location adjacent to hole#8 of the project work site shall be designated as the Contractor's storage area. All deliveries of materials will be stored on site;no additional storage areas will be available. The Contractor shall provide security for their equipment and shall be solely responsible for loss or damage to any materials stored on site. Electricity and phone are not available at this site. Employee vehicles are confined to the specified storage site or "additional customer parking"area s specified by Owner's Representatives. 9. ACCESS TO SITE/1VIOBILIZATION: The Contractor will have access to the site using the cart path adjacent to hole#8 tee box. The golf course will remain in operation during construction. It is the contractor's responsibility not to reasonably interfere with the golfing public. At the cost of the Contractor,they will provide complete and in place all work and materials necessary to move and organize equipment and personnel onto the job site,prepare the site for construction operations,maintain the site and immediate surrounding areas during construction. mi This,also,includes final clean up and removal of all equipment off-site after the job is completed. 10. TEMPORARY CONSTRUCTION AND FACILITIES: • Temporary Water:the Owner without charge will furnish non-potable water for construction to the Contractor. Ascertain where these services will be available,make temporary connections as required,and remove on completion of work • Toilets: The Contractor will be allowed to utilize the Owner's onsite sanitary facilities on the golf course,unless the Owner's Representative determines such use results in an overburdening of said facilities. In which case,the Contractor shall provide adequate sanitary conveniences for the use of persons employed at the site. 11. COURSE—MINIMUM DISRUPTION: Maplewood Golf Course will be in operation during construction. It will be the contractor's responsibility to coordinate his activity to reasonably minimize disruption of this daily activity with the Golf Course Superintendent. The Contractor shall keep the work site and surrounding areas where golf traffic requires access,safe and free of obstructions. The Contractor will be responsible for providing barricades,safety guards and any material necessary for the complete protection of the public and workers. The coordination of access points will be addressed at pre bid meeting and initial site set-up with City Representatives. 12. DUST CONTROL: The Contractor shall be responsible for dust control arising from work on the project. The City will make available to the contractor irrigation water for this purpose. Special Conditions Page 2 lei dd MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8"' GREEN AND HILLSIDE DRAINAGE • SPECIAL CONDITIONS 13. GOLF COURSE CONSTRUCTION• Greens shall be shaped and constructed by Contractor using the Greens Construction Drawings and Typical Detail drawings. The Golf Course Architect and City Representatives must approve all final grades. All materials used shall be acquired from specified sources listed in Outline and Specifications Detail. 14. CLEARING/ROUGH GRADING: rs The Contractor shall clear the site completely of weeds,groundcover,herbaceous plant material and other small vegetation to a depth of 2";this must be disposed of offsite. The City will clear, in advance, all#8 green sod to be re-used. The City will cut down three(3)trees indicated on the plans on the west side of site. All stumps and the dead cedar will be removed by Contractor and disposed of off site. All costs for hauling and disposing shall be included on bid price. Rough grading to be completed by Contractor according to detail plans. All topsoil stripped to be stockpiled in area adjacent to construction site. Contractor is responsible for computing actual, fill,grading,and topsoil work required prior to submitting bid. All imported material must be free of rocks and debris. Fills shall be compacted according to specifications. Water shall be used in this process,and the City will provide on site water for this process at no additional cost. Additionally, the Contractor shall grade and gravel 300 LF of cart path as specified in irrigation plan. Limits of cart path will be reviewed at pre-bid meeting. 15. DRAINAGE: r The Contractor shall purchase and install drain lines as stated on outline specifications and details. As noted and identified on irrigation plans,the contractor shall install 100 LF of 4"drain line and one catch basin not shown on 20 scale plan,and 320 LF of 6"SDR 35 sewer pipe that will terminate in existing pond. The drainpipe terminating into the pond shall have a minimum of I%flow line gradient to pond. Drainpipe at pond penetration shall be anchored per drainage details and pond liner to be repaired to original condition. Any tears in lining caused during installation will be repaired by the Contractor, and may be repaired by gluing or taping as rr approved by the City. 16. EXISTING IRRIGATION SYSTEM: J The drawings indicate main piping as provided by club records. There is no guarantee of accuracy of the mains. Contractor shall use pipe finder to assist in locating main line prior to trenching drain lines.Where the Contractor has made reasonable effort to locate existing piping and yet causes damage to it due to inability to locate,the Owner will accomplish the repairs. The Contractor shall be responsible only for preparing and digging irrigation trenches in coordination with the Golf Course Superintendent per existing irrigation plan included in outline specifications and details drawing. Irrigation must be tested and approved by the Golf Course Superintendent prior to capping with greens mix or fairway mix. err Special Conditions Page 3 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN ANDS ILLSIDCONDITIONS 17. TIME OF COMPLETION/HOURS OF WORK: All work under this contract shall be 100%complete and approved within 30 calendar days of notification to proceed. Once a formal contract has been signed for project,the Contractor shall submit to the Architect and Golf Course Representatives a work schedule of events and dates of completion of the events. Events shall be specific and include clearing,rough grading,drainage, at greens construction,irrigation trenching,and final grading. In the event of inclement weather during the construction phase,the Contractor shall notify the Owner's Representatives and Architect in writing the justification. The Owner's Representatives and Architect will decide if 9rf construction work schedule will be extended. Inclement days falling on weekends or holidays shall not be considered in Contractor's justification. The Owner's Representatives reserve the right to restrict vehicle traffic on the course in the event moisture conditions dictate irreparable damage done to turf or work site. As stated in Project Close-Ott document the Contractor shall provide a clearly marked set as "Record Documents: Contractor's Set"showing clearly all `as built' notations including dimensions to accurately locate any and all changes,to the Owner's Representative. The Contractor's hours of work shall be limited to the hours of 7 a.m.to 6 p.m.weekdays 46 (Monday—Friday).There will be no exceptions without the permission of the Owner's Representatives. Any work accomplished on the existing course shall have no open trenches, pits,excavations,etc.which would interfere with normal golf play. Golf traffic access must be accommodated at all times during project construction,with no exception. The City will maintain a temporary green for hole#8 outside the identified construction site. 18. DAMAGE TO COURSE OR PROPERTY: The Contractor shall be liable for all repairs required to repair damage to the course or property including all roads and cart paths within the course limits. Any damage to the Golf Course caused by the Contractor or his Subcontractors shall be repaired to the satisfaction of the Owner. 19. CONTRACT—WHEN TO TAKE EFFECT: The contract for this improvement shall not take effect or be in force until the approval of the Contractor's bond by the Owner,approval of Certificate of Insurance by the Owner,and the same Vi shall be filed with the Owner and the issuance of the Notice to Proceed by the Owner. 20. PAYMENT/FINAL PAYMENT: A single lump sum contract payment encompassing all work released upon completion and approval by the City of Renton less retainage amount released 60 days after project completion. 21. OWNER/GOLF COURSE RESPONSIBILITY: • Golf Course Superintendent will remove and salvage irrigation system prior to work • Golf Course will remove and salvage#8 green sod prior to construction • Golf Course will install irrigation system • Golf Course is responsible for all seeding,hydro seeding and sodding once finish grade r has been 100%completed and approved Special Conditions Page 4 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8";GREEN AND HILLSIDE DRAINAGE TECHNICAL SPECIFICATIONS SECTION I - STAKING PART 1 —GENERAL 1.01 SPECIFIED IN THIS SECTION A. The work covered in this Section of the specifications consist of furnishing all supplies, materials, labor and superintendence of all operations in connection with the location and making of all major golf �r course features. These shall include but not be limited to centers of greens, tees, and fairways. r. PART 2—PRODUCTS 2.01. GREEN, TEE, AND FAIRWAY CENTERS A. Stakes: Stakes shall be wooden lath, 3/8" x 1 1/2", standing approximately 3 feet high above ground level or as directed by Architect. B. Flags and Labels: Flags shall be typical surveyor's tape in 30-inch strips, using the following color code: Location Color Tee Centers..............................White Green Centers............................Red Fairway Centers.........................Red&White All tee, green centers, and fairway centers shall be clearly labeled. PART 3—EXECUTION 3.01 BASIC TOPOGRAPHICAL MAP A. Plans and specifications are based on topographical data supplied by Owner's Representative. 3.02 CENTERS AND REFERENCE POINTS A. The setting of tee, green and fairway centers shall be done by a licensed Land surveyor and approved by the Golf Course Architect. SECTION I—STAKING Page 1 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HIL IDE DRAINAGE B. The staking of the golf course must be completed and approved before any construction work is started so as to avoid costly mistakes and possible damage to the site. C. A hub shall be set next to each tee, green, and fairway center with the elevation marked clearly on the stake for the Contractors use during rough grading. D. Where these stakes prohibit normal construction procedures, such as grading work, the stakes may be removed temporarily and is d not to accurately without the consent Contractor. The final location of all stakes of the Owners Representative and Golf Course Architect. rr 3.03 CONTROL POINTS A. Horizontal control shall be based on the coordinate system taken from the basic topographical maps. B. Vertical control shall be based on the existing vertical control points shown on the basic topographical map. Otherwise, Contractor shall establish his Golf Course elevation points to be approved by the Owners Representative Architect. a 3.04 GOLF COURSE FEATURE OUTLINES ; A. Golf course feature outlines (i.e. greens,tees bunkers, and lakes) and other tir features of the golf course are either dimensioned or can be scaled from the 20- scale and 100 scale plans. All installation work shall conform to these plans. B. These various outlines need not be staked permanently,excepting as required for regular installation procedures. If,however, any doubt should arise as to the accuracy of layout of any portion of this project or its attendant features,the Contractor shall be required to stake the outlines in question in order to demonstrate strict adherence to these Plans and Specifications. 3.05 CONTRACTOR OBLIGATION A. The Contractor shall be fully responsible for the repair or replacement of any feature of the golf course or golf course site, existing or under construction, which is damaged or destroyed as a result of any phase of his work or due to any faulty operation, goods or services that he has provided. SECTION I—STAKING Page 2 wr MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE r TECHNICAL SPECIFICATIONS SECTION II—CLEARING PART 1 —GENERAL 1.01 SPECIFIED IN THIS SECTION A. The work covered in this section of the Specifications consists of furnishing all supplies, materials, equipment, labor, and superintendence of all operation.in connection with the clearing of all vegetation and other materials or items deleterious to the construction of the golf course, and removal and disposal of all such vegetation, materials, and items from designated portions of the golf course site. PART 2—PRODUCTS 2.01 GENERAL r A. Materials and equipment to be used for the job shall be those deemed most feasible by the Contractor in order to conform to these plans and err specifications and to avoid damage to existing vegetation and other features scheduled to remain. Such material and equipment must be approved by the Owners Representative and Golf Course Architect before it clearing work is started. 1. Such approval by the Owners Representative and Golf Course Architect does not in any way relieve the Contractor of his responsibility to properly and thoroughly clear the golf course site. PART 3—EXECUTION 3.01 GENERAL r A. Clearing limits primarily reflect an area affected by grading (contour) changes and future fairway areas but does not relieve the contractor from his responsibility to clear any other areas necessary for the remodeling of the golf course. Any area where fill is to be placed, or where cuts are to be made, shall be cleared and otherwise properly prepared. B. The vegetation existing on the site is miscellaneous weeds, ground covers, other herbaceous materials, weedy grasses,trees, and existing sod. wrr rr SECTION II—CLEARING Page 1 sm MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREED NDJEL S IDB DRAINAGE E 3.02 CLEARING & GRUBBING OF VEGETATION A. Weeds, Ground cover, Herbaceous Plant Material, &Other Small Vegetation: All such vegetation in the areas designated to be cleared shall be thoroughly stripped and removed to a depth of 2 inches from all future golf course turf areas and disposed of off the premises as directed by the Owners Representative and Golf Course Architect. Such vegetation that can be completely incorporated into the soil by tilling may be left in place. B. Trees: In areas scheduled to be cleared of existing trees, all brush, stumps, branches, and roots 1 inch or over in size must be removed so as to avoid the burial and rotting of such materials and subsequent settlement of fill soil in these areas. Tree stumps shall be removed to a depth of 3 feet below natural ground level. Such material is to be removed from site and properly disposed of in accordance with all applicable rules and regulations. val of C. After Removal of Vegetation: After remoalraded until the a areas cleared are to be tilled to a depth of 6 inch es and g remaining surface is free from ruts,hummocks or other uneven features, as well as rocks,roots, and vegetation that would tend to prevent adequate compaction of additional soil preparation. Such material is to be removed from site and properly disposed of in accordance with al applicable rules and regulations. D. Clearing of Miscellaneous Material: In the course of the clearing operation as described in paragraph 3.02 above,the contractor is to remove from all areas scheduled to be cleared any foreign materials,such as rocks, wood brush stumps,branches,or roots, wire scrap metal, concrete or any other kind of debris which would interfere with other golf course construction. Such material must be removed from the site and properly disposed of in accordance with all applicable rules and regulations. 3.03 PRESERVATION OF EXISTING VEGETATION A. The Contractor shall preserve and protect all existing vegetation,primarily trees, adjacent to the areas to be cleared which are scheduled to remain and which do not unreasonably interfere with construction procedures. The Contractor will be responsible for all unauthorized cutting or damaging of such vegetation,including but not limited to damage due to careless or negligent operation of equipment, stockpiling of materials or rutting and compacting of future turf areas. The Contractor will replace or restore, at his own expense, all vegetation that may be destroyed or damaged which has not been protected or preserved as specified herein. SECTION II—CLEARING Page 2 lei r err MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8m GREEN AND HILLSIDE DRAINAGE +�r TECHNICAL SPECIFICATIONS B. Additional Tree Protection: The Contractor shall make every effort to limit the extent of work within drip line of trees. Where grading or other operations .r infringe upon drip line perimeter, the contractor shall perform only such work as is approved by the Owners Representative and Golf Course Architect and will not damage the tree root system. C. Protective Treatment of Trees: Where deemed necessary by the architect to adequately protect and preserve trees scheduled to remain, the contractor shall provide for the following protection. Any trees, which may be damaged, shall be protected by banding with 1-inch x 4-inch staves set vertically and fastened together around the tree with galvanized wire. The wire shall be stapled to the staves in such a manner that staves are spaced approximately 2 inches apart. Wiring shall occur at approximately 2-foot intervals. Staves shall extend to a minimum height of 6 feet above the root crown of the tree. Tree protectors shall remain on all selected trees until construction work is completed and shall then be removed and properly disposed of by the Contractor. D. Repair of Damaged Trees During Clearing Operations: Extreme care is to be exercised by the Contractor during such operations. Trees broken during such operations and scheduled to main, shall be trimmed with a clean cut at an angle which will allow the cut surface to drain and will then be painted with a tree pruning compound. wr 3.04 PRESERVATION OF EXISTING CONDITIONS A. Preservation of Existing Soil Conditions: The Contractor shall conduct all of his operation in a manner that will retain the existing tilth and general characteristic of the soil within the golf course site. Specifically, the Contractor shall avoid any rutting or compacting of future golf course areas. 1. Any damage that does occur to the existing soil shall be corrected by the rrr Contractor and the soil returned to its original condition at the Contractor's own expense. wr B. Preservation of Other Existing Site Features: The Contractor shall carefully protect and preserve all features existing on the site and scheduled to remain. This shall include but be limited to golf holes, roads, cart paths, utilities, and trees +rr or other plants. 3.05 REMOVAL OF RODENTS A. If during the course of clearing work there should be any evidence of burrowing animals in the golf course site, the Contractor shall be responsible for informing the wr Owners Representative and golf Course Architect so that adequate steps can be taken for their removal. Wherever rodent tunnels or burrows are uncovered, the Contractor shall err SECTION H—CLEARING Page 3 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8'GREEN -S ID DRAINAGE TECHNICAL Fill such voids with soil from the site and thoroughly compact the soil with water under pressure or by some other means to be approved by the Owners Representative and Golf Course Architect. 3.06 DUST CONTROL A. The Contractor shall be responsible during clearing operations, and all other + construction procedures for adequate dust control. Water will be supplied by the Owner for this purpose and the Contractor shall keep the dust down to a minimum whenever and wherever required for health and safety and as determined by the w Owners Representative and Golf Course Architect. 3.07 CONTRACTOR OBLIGATION A. The Contractor shall be fully responsible for the repair or replacement of any feature of the golf course or golf course site, existing or under construction, which is damaged or destroyed as a result of any phase of his work or due to any faulty operation, goods, or services that the has provided. rrr .ri SECTION II—CLEARING Page 4 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE TECHNICAL SPECIFICATIONS SECTION III—ROUGH GRADING PART 1 —GENERAL 1.01 SPECIFIED IN THIS SECTION A. The work covered in this section of the Specifications consists of furnishing all supplies, materials, labor, equipment, and superintendence of all operations in connection with the rough grading of all features of the golf course. The work will include all excavation or cutting, transportation, stockpiling, filling, spreading, compacting and the control of all finished grades required by these specifications and detail drawings for those holes shown in the accompanying plans. ow 1.02 RELATED WORK SPECIFIED ELSEWHERE o A. Clearing B. Golf Course Construction PART 2- PRODUCTS 2.01 FILL SOIL MATERIAL A. The soil of this site is to be used for filling the various areas in accordance with trig these Plans and Specifications. The Contractor is to familiarize himself with the existing soil in the excavation or cut areas; its location,physical characteristics, and the practicality of transporting the soil to the various areas to be filled. r B. The fill soil is to be free of large stones with a maximum of 2 inches diameter allowable within the first 6 inch depth and maximum of 4 inches in diameter r.r allowable between 6-inches to 4-foot feet of depth. Should additional soil need to be brought to site Sandy Loam T.S. Mix from Walrath or equivalent is acceptable. PART 3—EXECUTION 3.01 EARTHWORK CALCULATIONS A. Contractor is to compute the actual amounts, using the rough grading plan, making his own determination of topsoil and grading work(including subsidence) before submitting bid. r SECTION III—ROUGH GRADING �`" Page 1 MAPLEWOOD GOLF COURSE } RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE TECHNICAL SPECIFICATIONS B. Balancing Cut&Fill Amounts: The Contractor is to determine the most practical combination of cut and fill soil, considering his labor and equipment capabilities. Any additional soil required to balance the fill requirements shall be clean fill, approved by the Owners Representative and Golf Course Architect, obtained by the Contractor onsite. Any extra soil will be used in the golf course or stockpiled on the golf course site as directed by the Owners Representative and Golf Course Architect. 3.02 TOPSOIL WORK A. When final grade is achieved,the top six inches (6") of soil shall be free of rocks greater than 2" in diameter in all designated turf areas. B. Where cut areas yield material that is predominately rock or gravel greater that 4", such material shall be used as fill only in areas where it may be buried below a 4- foot depth. Under no circumstances shall such material be used any closer to the surface, excepting as may be designated by the Owners Representative and Golf Course Architect after inspection of the material and its proposed location. 3.03 GENERAL SPECIFICATIONS FOR GOLF COURSE ROUGH GRADING A. All final grades will be prepared in order to provide a smooth,natural appearance, blending into the adjacent areas. The rough-graded areas are to be free of large clods of dirt, sharp rises, unnatural mounds or any debris of foreign matter. Any damage, such as compaction or rutting caused to existing grades on the site while accomplishing this work, shall be repaired so as to return the damaged area to its original grade and state or friability. B. Golf Course Staking: 1. The Contractor shall provide construction stakes in order to achieve rough grades and satisfy Golf Course Architect of his adherence to Rough Grading Plan. r 2. Golf course feature outlines and other portions of the golf course are either dimensioned or can be scaled from the applicable drawings. All installation work shall conform to these dimensions or drawings. 3. If any doubt should arise as to the accuracy of layout of any portion of the golf course or its attendant features,the Contractor shall make spot checks as necessary and report discrepancies to the Owners Representative. SECTION III—ROUGH GRADING Page 2 Y +r MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE TECHNICAL SPECIFICATIONS C. Laver Depth: The fill soil shall be placed in layers which,when compacted, shall not exceed 8 inches in depth. Each layer shall be spread evenly and shall be mixed and loosened during the spreading operation to insure uniform material and uniform future compaction in each layer. D. Subsurface Preparation: 1. Where fills are made on hillsides or slopes, the slope of the original ground upon which the fill is to be placed shall be plowed or scarified to a depth of 8 inches. Where slope ratio of the original ground is steeper than 6 horizontal to 1 vertical, the bank shall be stepped or benched. 2. All vegetative matter shall be removed from the surface upon which any soil is to be placed, and the surface shall then be disked or scarified to a depth of at least 6 inches, and until the surface is free from ruts, hummocks or other uneven features which would tend to prevent uniform compaction by the equipment being used. E. Compaction: Major Cut&Fill Areas 3. After each layer has been properly placed, moved and evenly spread, it shall be uniformly compacted. Compaction shall be 85 percent(85%) of relative density based on appropriate tests. 4. Compaction shall be accomplished while the fill material has a moisture content allowing the necessary compaction to be obtained without causing w. damage to the soil structure. If adequate compaction is not attained with earth-moving equipment, then it shall be accomplished by using multiple- wheeled,pneumatic-tired rollers or equivalent rollers. Sheeps-foot rollers wr shall not be used. F. Dust Control: The Contractor shall be responsible, during rough grading and all other construction procedures, for dust control. The Owners Representative will provide access to irrigation water on site to the Contractor for this purpose to keep all dust down to a minimum as required for health and safety. G. Grade Tolerances: • 1. The grades as shown on the various drawings represent the required finished grade for each golf course feature, excepting bunker surfaces. After grading procedures, all features, excepting bunkers and greens, should require only a minimum of fine grading before seedbed preparation is started. r SECTION III—ROUGH GRADING Page 3 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE TECHNICAL SPECIFICATIONS 2. All rough grading shall be accurate to within 2/10-foot vertically and 1- foot horizontally,with the following exceptions: a. All green areas up to 100 feet from green centers shall be within 1/10-foot vertically and 1/2-foot horizontally of the specified grade. Grades shall be determined by 20-scale and 60-scale plans. See typical detail drawings. b. It is still mandatory,not withstanding the aforementioned tolerances that no pockets or depressions can be allowed to remain which will not readily drain themselves. Slope ratios must be built as specified herein. , H. Slope Ratios: Slope ratios for major golf course features are shown on the Golf Course Rough Grading Plan. The maximum slope within any part of any golf hole(excluding lakes and bunker basins) shall be 5-feet horizontal to 1-foot vertical unless specifically noted otherwise. The 5 to 1 maximum slope shall be maintained,regardless of whether drafting errors or omissions might show proposed grades within a golf hole with steeper slopes. I. Damage During Construction: Cut and fill areas shall be kept shaped and drained during construction. Swales and drainage ways shall be maintained in such a manner as to drain effectively at all times. Graded areas shall be protected against action of the elements before and until acceptance of the work. 1. Settlement or erosion that may have occurred prior to this work or that occurs s during rough grading work shall be repaired and grades shall be re-established to the required elevations and slopes before rough grading work will be considered complete. 3.04 ROUGH GRADING FOR GREENS A. Rough grading for greens shall consist of grading within the green site in err accordance with the 60-scale Rough Grading Plans and 20-scale Green Plan. 3.05 MISCELLANEOUS ROUGH GRADING A. The rough grading for fairways and other golf course features shall conform to the Golf Course Rough Grading Plans, specifications, and typical detail drawings. Including 300 L.F. of cart path sub-grade and install 4 inches (4")of 5/8-inch minus base rock, at 85 percent(85%)compaction. w SECTION III—ROUGH GRADING Page 4 w MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE TECHNICAL SPECIFICATIONS r 3.06 TWENTY-SCALE PLANS VERSUS GOLF COURSE ROUGH GRADING PLANS r„ A. Where the Green Plans do not agree with the Golf Course Rough Grading Plan, the Green 20-scale plans shall be followed. The Contractor will blend Green work into the adjacent grades in a smooth and naturally flowing manner. 3.07 CONTRACTOR OBLIGATION ow A. The contractor shall be fully responsible for the repair or replacement of any feature of the golf course or golf course site, existing or under construction, which is damaged or destroyed as a result of any phase of his work or due to any faulty operation, goods, or services that he has provided. rr w �r wr it tr .r SECTION III—ROUGH GRADING Page 5 iw MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE TECHNICAL SPECIFICATIONS SECTION IV—DRAINAGE PART 1 —GENERAL r 1.01 SPECIFIED IN THIS SECTION A. The work covered in this section of the Specifications consists of furnishing all nrr supplies, materials, labor, equipment, and superintendence of all operations in connection with the installation of the drainage system for the golf course site. Extreme care must be exercised to avoid damage to grading work, irrigation W& trenches, pipes, valves, wire, roots of existing trees, or other features existing on the site or which may have been installed prior to drainage work. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Rough Grading B. Golf Course Construction PART 2—PRODUCTS 2.01 DRAIN ROCK A. Drain rock shall be hard, sound rock, which will not disintegrate under action of weather or moisture. Drain rock must be free from screenings, sand, loam,or other objectionable materials, use 1/ -inch (1/4") to 3/8-inch (3/8") pea gravel. 2.02 DRAIN PIPE r A. The drain-pipe shall be perforated and non-perforated with suitable couplings; helically corrugated polyethylene, continuous tubing, manufactured by Advanced Drainage Systems, Inc. (ADS) or Hancor, Inc. (Turf Flow). Drain- pipe shall be 4 +rr inches (4")in diameter unless otherwise indicated. See Golf Course Rough Grading Plans and 20-scale Green Plans. +�• B. Drain Pipe Ends: Both ends of all drain pipe(including green drain-pipe) shall be wire hardware cloth. Method of attachment of wire mesh to drainage pipes shall provide for reasonable ease of removal, should cleaning be necessary. The Contractor shall submit shop drawings showing proposed method of securing mesh. The Golf Course Architect prior to installation must approve the shop drawings. Plastic caps manufactured by the same supplier may be substituted on uphill ends. wr SECTION IV—DRAINAGE Page 1 ow MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8'H GREEN AND SAL SIDEI DRAINAGE C. Catch Basins: Catch Basins shall be plastic with grate, size to match drain lines as shown in detail specifications. H.D. Fowler, or approved equal to provide product. 2.03 FAIRWAY SAND Fairway sand shall be Freshwater washed and meet the following specifications: Sieve % Passing #4 100% #8 95-100% #16 85-100% #30 50-75% #60 0-30% #100 0— 10% #140 0-5% #200* 0—2% #270* 0% *Indicates wet sieve test 2.04 MISCELLANEOUS ITEMS A. All other drainage components are detailed and have the materials specified on the Green Plans or Drainage Plans. PART 3—EXECUTION r 3.01 GENERAL A. In carrying out this work, the Contractor is to avoid excessive use of any access roads or areas, which will compact the existing grades in the golf course area. If the Contractor does cause any compaction during the course of this operation, the Contractor shall be responsible for returning the soil in the damaged areas to its previous condition for friableness at his own expense. 3.02 INTERCEPTOR DITCH INSTALLATION A. Interceptor ditches and their drainpipe shall be installed in accordance with the Green Plans, and as specified herein. By definition, an interceptor ditch is a perforated drain line encased in gravel outside the green basins. SECTION IV—DRAINAGE Page 2 ,; orr MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8'H GREEN AND HILLSIDE DRAINAGE rrr TECHNICAL SPECIFICATIONS Under no circumstances will drainpipe be laid in water, nor shall it be laid when trench conditions or weather conditions are unsuitable for such work as determined by the Owners Representative and Golf Course Architect. Any section of drainpipe already laid which is found to be defective or damaged shall be taken up and re-laid or replaced as directed by the Owners Representative and Golf Course Architect. Terminus of each drainpipe shall be constructed as per applicable detail drawing. 1` B. Drainage Pipe Trenching and Bedding 1. The width of the trenches for drainpipe shall be specified on Detail Drawings. The bedding surface shall provide a firm foundation of uniform density through the entire length of the drainpipe. The bottom of the trench shall be free of dirt clods,rocks, bumps,debris, or depressions. 2. The bottom shall be firmed or tamped smooth prior to placement of the specified depth of drain rock beneath the drainpipe. 3. Avoid damage to trees in trenching for drainage pipe. Do not trench in area from trunk to drip line. Tunnel under roots to avoid severing of roots. C. Drain Pine Laying 1. The bedding material shall be placed in the trench and tamped into the area under and around the pipe to a density sufficient to prevent settling. 40 Each length of drainpipe shall rest upon the bed of drain rock or other material for the full length of its barrel. Any drainpipe,which has had its grade of joints disturbed after laying, shall be taken up and re-laid aw properly. The lower or outlet end of the pipe shall terminate as shown in the applicable detail drawing. to 2. All drainage pipe shall be laid in and backfilled with drain rock or other material per applicable drawing. Installation of drainpipe alignment and connections shall be done in accordance with the manufacturer's 40 specifications. Gradient shall conform to a minimum 1 percent(1%) fall. D. Backfill: Cover portions of pipe necessary to prevent movement or damage. Add backfill material in 4 inch(4") layers and hand tamp to achieve a density similar to adjacent soil. After 12 inches(12") of hand tamped soil is in place over the pipe fitting, backfilling can be continued in 6 inch(6") layers using light err machinery to place dirt in the trenches and to compact the dirt to conform to density of 85 percent(85%)of maximum or sufficient to avoid any future settling. r SECTION IV—DRAINAGE Page 3 a. MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HII.LSIDE DRAINAGE TECHNICAL SPECIFICATIONS 3.03 FAIRWAY DRAINAGE A. General: Fairways have been rough graded or will be graded, as part of site preparation work but additional grading and drainage will be needed. Miscellaneous drain lines, both perforated and non-perforated are shown on the Drainage Plan and are connected to green drainage shown on the Green Plans. Those lines in fairways and roughs will terminate at various drainage structures. B. Fairway Improvement: Fairways and some adjacent rough areas as indicated on the Drainage Plan will be covered by a minimum of 3" fairway sand. Finished grade is to be 1% minimum. C. Installation: Fairway drain lines to be covered by sand are to be installed per the Golf Course Construction Section of the Specifications at a depth comparable to that on green basins. Fairway sand shall then be spread with a tracked piece of equipment. Hard-tired equipment, which leaves sand in rutted condition, shall not be used. Wet the sand completely and roll to the finish grade required by the drawings. ,rr 3.04 CONTRACTOR OBLIGATION A. The Contractor providing services under this section of the Specifications shall be fully responsible for the repair or replacement of any feature of the golf course, existing or under construction, which is damaged or destroyed as a result of his work or the faulty operation of any goods or services that he has provided. SECTION IV—DRAINAGE A Page 4 6 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE TECHNICAL SPECIFICATIONS r SECTION V—LAKE LINING REPAIR PART 1 —GENERAL r 1.01 SPECIFIED IN THIS SECTION dw A. The work covered in this section of the specifications consists of furnishing all supplies, materials, equipment, labor, and superintendence of all operations in connection of drain line and 100 percent effective lake lining repair. 1.02 RELATED WORK SPECIFIED ELSEWHERE nr A. Drainage PART 2- PRODUCTS wr 2.01 GENERAL REQUIREMENTS A. The materials supplied under these specifications shall be first quality products designed and manufactured specifically for the purposes of this work, and which have been satisfactorily demonstrated by prior use to be suitable and durable for such purposes. B. The new boot, any repair patches, seams, and cap seams shall be PVC (Polyvinyl Chloride) materials shall be black or gray in color, of 20-mil thickness. PVC shall be formulated from domestic resins only, with no regrind incorporated. C. Field Seam Cement to be furnished by the liner manufacturer. 1. NORTHWEST LINNINGS AND GEOTEXTILE PRODUCTS, Inc., 2100 77`x'Ave. So. Kent, WA. 98032 Ph: 1-800-729-6964 2. Or Approved Equal. D. Protective Soil Cover: The protective soil cover shall be formed from selected excavation soil. Only that soil which is finely textured, well pulverized and completely free of any rocks or other debris that might puncture the lining material shall be considered suitable. The Contractor shall familiarize himself with the location and characteristics of excavation soil available. If there is insufficient soil within the excavation areas, ow suitable for the protective soil cover, the Contractor shall import sand or other wr SECTION V—LAKE LINING REPAIR Pagel MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8'H GREEN AND HILLSIDE DRAINAGE TECHNICAL SPECIFICATIONS suitable material to be used. The Owners Representative or Golf Course Architect shall approve import material before delivery to site. 3.01 EXECUTION A. Field Seams: Seaming of the PVC sheets in the field, shall be accomplished by the liquid-cement process. The Solvent cement shall be as recommended by the manufacturer of the PVC. Listed in General Requirements of this section. PVC-to-PVC panels will be jointed together in the following manner: Edges of the PVC field size sheets shall be wiped clean prior to the application of a minimum 1/2 inch width of solvent cement with sheet overlap of three inches (3"). The two surfaces shall then be pressed together immediately. Care shall be taken to eliminate"puckers" due to improper alignment of the tow surfaces. The seams shall be watertight and the strength of the bonded seam either in the machine or transverse direction of the film shall not be less than 80 percent of the breaking strength of the film when tested in a similar direction. B. Lining Repair: Any necessary repairs to the PVC lining shall be patched with the lining material using the method described in the seaming portion in this specification. C. Quality of Workmanship: All seams and seals,on completion of the work, shall be tightly bonded and watertight. All waste materials, debris,etc., shall be removed from the site and the entire working area left in a neat and clean ;, ► condition. All requirements and conditions of the local governmental agencies shall be met. 3.02 DEWATERING A. It will be necessary to dewater the existing pond prior to drainage installation and lining repair, the Contractor shall be fully responsible for such work. B. Sumps, wells and trenches shall be constructed as necessary to accumulate all rr water in a minimum number of locations. C. Water shall then be pumped, using appropriate portable pumping equipment,from mw the collection point(s)to disbursal zones. Care must be taken to avoid discharging pumped water into areas where it will percolate back into the pond or quickly recharge the groundwater in the pond. " D. When the pond is sufficiently lowered,installation of drainpipe(as shown on Detail Plans) and pond liner repair shall be done as quickly as possible. The wt SECTION V—LAKE LINING REPAIR Page2 ` MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE TECHNICAL SPECIFICATIONS rr E. protective soil cover must be installed immediately and the pond filled with water to avoid allowing the ground water to `bubble' up the lining. Water for the filling +.r of pond shall be from the irrigation system. 3.01 WORKMANSHIP GUARANTEE A. Should measurable water losses, in excess of calculated evaporation losses, occur during a two-week (2) `test period' after filling of the pond, the Contractor shall be responsible for locating and eliminating the leakage at no additional cost to the Owner. B. The Contractor shall guarantee his workmanship and materials for a period of one (1) year; that the lining will exhibit no measurable loss from seepage through the seams or structural seals. C. Should it be determined that poor workmanship or materials has contributed to water loss, the Contractor shall make repairs at no cost to the Owner. ow at r 40 rr 1W SECTION V—LAKE LINING REPAIR Page3 wo rri MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE wr TECHNICAL SPECIFICATIONS Or SECTION VI—GOLF COURSE CONSTRUCTION PART I —GENERAL 1.01 SPECIFIED IN THIS SECTION sir A. The work covered in this section of the Specifications consists of furnishing all supplies, materials, equipment, labor, and superintendence of all operations in connection with the final construction phases and finished grading of all features of the project. The golf course areas will have been brought close to finished elevation under rough grading operations prior to this work, excepting for green putting surfaces. 1.01 RELATED WORK SPECIFIED ELSEWHERE rrw A. Golf Course Rough Grading B. Golf Course Drainage PART 2—PRODUCTS 2.01 GREEN SEEDBED MIXTURE A. Screened Sand: Sand shall be composed of round, hard siliceous durable grains free from dirt, clay, and water-soluble particles. Sand shall be fresh-water washed sand. Particle size distribution shall be as follows: Particle Diameter Size Rame Percentage by Volume Larger than 2.0 mm(0.08) 5 percent or less Between 1.0 mm and 2.0mm 5 percent or less Between 0.20mm and l.Omm 75 percent or more (Between US Standard Sieve #16 and#70) Between 0.1Omm and 0.20mm 15 percent or less Below 0.10 mm 5 percent or less irr The Greens Mix shall be 80-20 USGA Greens Mix from Walrath. Or Approved Equal. r Area outside the Green and within the limit of the sand capping shall use Fairway Sand#2 Medium, from CTI or approved equal. rr SECTION VI—GOLF COURSE CONSTRUCTION Pagel go MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND DRAINAGE H 2.02 GREEN DRAINAGE A. Drain Rock: The drain rock to be used for backfilling shall be washed pea gravel •+ approximately one-quarter inch(1/4")to three-eights inch(3/8 ) diameter. It shall be hard, sound rock which will not disintegrate under action of weather or moisture. Drain rock must be free from silt, sand, loam, or other objectionable materials, and foreign debris. B. Drain Pine: 1. The drainpipe shall be as described in Section IV=`Drainage", 2.02 A. Its diameter shall be four inches (4"). 2. See Section IV "Drainage" for material and installation specifications for Drain Pipe Ends, Trenching and Bedding, and Drain Pipe Laying. PART 3—EXECUTION 3.01 GENERAL A. In performing this work, the Contractor is to avoid damage to any existing features of the golf course or features,which may be constructed, or under construction, such as drainage and irrigation systems or existing trees. The Contractor is to avoid soil compaction by excessive use of any access roads or areas of the golf course. Any such damage shall be repaired by the Contractor at his own expense. .r B. As a part of this work,the Contractor shall check all rough graded areas and assure that all features of the golf course are properly located and at finished grade,with no changes or damage to the grades, as specified herein and on the Golf Course Rough Grading Plan. 3.02 GREENS A. Contouring of Sub grade 1. The green sites will have soil and topsoil in place with which to complete contouring of the sub-grade, as well as adjacent slopes and mounds. The Golf Course Rough Grading Plan and individual 20-Scale Green Plan show the finished grades to be prepared with the green site areas. 2. The contours of the majority of the green putting surface are designed to provide a maximum surface drainage of one foot(1') in 10 feet(10')and on foot(1')in 80 feet(80'). It is essential that the gradient be retained Mi SECTION VI—GOLF COURSE CONSTRUCTION Page2 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE TECHNICAL SPECIFICATIONS within these limits. Sub-grade of green to drain to pipe trenches. No pockets are to be left that will not readily surface-drain themselves. 3. The Contractor shall excavate the green basin/sub-grade using the excavated material for minor fills in the area. Should additional fill (topsoil)need to be brought to site, Sandy Loam T.S. Mix from Walrath is acceptable. Note that the elevation of the sub-grade within the green putting area basin shall be exactly thirteen inches (13") below the specified finish p grade shown in the 20-scale Green Plan. B. Drain Pipe Installation 1. Drainpipe shall be installed in accordance with the 20-scale Green Plan. Under no circumstances will pipe be laid in water, nor shall pipe be laid when trench conditions or weather conditions are unsuitable for such work. Any section of pipe already laid,which is found to be effective or damaged shall be taken up and re-laid or replaced as directed by the Owners Representative or Golf Course Architect. 2. Perforated and Non-Perforated Pine: Perforated and non-perforated pipe shall be placed as indicated by the legend on the 20-scale Green Plan. 3. Trenching and Bedding: a. The width of the trenches for pipe shall be eight inches (8") or �r not greater than necessary to permit satisfactory jointing and thorough tamping of the bedding material under and around the pipe. The bedding surface shall provide a firm foundation of uniform density through the entire length of the pipe. Each section of pipe shall rest upon the bed for the full length of its barrel. Any pipe that has had its grade or joints disturbed after laying shall be taken up and re-laid. b. All perforated and non-perforated pipe outside green shall be placed in the trench at a minimum depth(top of pipe) of eighteen inches (18")to the point of discharge or day lighting. All perforated pipe shall be placed in the trench at a minimum depth of(bottom of pipe) six(6") inches. All perforated pipe shall be placed with maximum perforations down. �r SECTION VI—GOLF COURSE CONSTRUCTION Page3 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8'H GREEN TECHNICAL AND HILLSIDE P R INAG C. Placing Green Construction Materials 1. Placing Drain Rock Laver a. After the sub-grades have been prepared and approved and each green drainage system has been installed in accordance with these Specifications, the Contractor shall carefully place the specified layer of gravel. Marked stakes shall be used to provide an accurate guide to depth of placement above sub-grade for each layer. b. The sub-grade shall be covered with a four inch (4") deep layer of drain rock. The drain rock layer shall be applied smoothly and with a uniform thickness paralleling exactly the future finished grade. C. The full depth of the drain rock layer must extend to the perimeter of the green. The drain rock layer must extend further, if necessary,to prevent the formation of pockets or other such areas within or near the green that will not readily drain themselves into the drain system. z 2. Placing Green Soil Mix a. Using a small tractor and blade, the green seedbed mixture shall be carefully and evenly spread over the gravel layer without disturbing it. The green seedbed mixture is to be feathered out past the edge and blended into the adjacent grades. b. A thirteen inch (13") minimum uniform depth of seedbed mixture shall be placed over the entire putting area prior to compaction. The depth shall carefully conform to the previously established grades of the subsurface soils and pea gravel layer by the use of previously marked and positioned grade stakes. C. The green seedbed mixture and the entire green area shall then be carefully smoothed and lightly compacted to the finished grade, first by track-walking and then by alternately raking and rolling. The entire green site is to be heavily irrigated to check for pockets and other surface irregularities and to further compact the green soil mix. Upon completion of compacting, a minimum uniform depth of eleven inches (11") of seedbed mixture must be present. SECTION VI—GOLF COURSE CONSTRUCTION Page4 MAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8'"GREEN AND HILLSIDE DRAINAGE r TECHNICAL SPECIFICATIONS d. Owners Representative and Golf Course Architect reserve the right to adjust finished grade±three inches (3") vertically at no additional cost. 3.03 GREEN PERIlVIETER AREAS A. Grading 1. Green perimeter areas and collars shall be graded smoothly and blended into the green surface so that, if necessary, they can be mowed to serve as additional putting surface. In every case, the green surface gradient shall be extended into the perimeter for a width of three feet (3') before breaking to meet the adjacent grade. Caution must be taken to insure proper grading and surface drainage at points where native soil meets seedbed mixture at green perimeters. 2. The full depth of the green soil mix must extend out to the green edge before blending into the adjacent grade. At that point, beyond the collar, additional green soil mix shall be used to blend the green into the adjacent .grades. B. Seedbed Preparation: Green perimeter areas, including approach areas to greens, slopes of mounding, fill and cut slopes and any other areas subject to removal of formerly existing vegetation, must be thoroughly cultivated, graded to smooth, �. uniform contours, be free of depressions and debris and be prepared ready for seeding. 3.04 GRADE TOLERANCES A. The grades as shown on the drawing represent the required finished grade for the green, and do not show the elevations of green basins. B. It is mandatory that no pockets or depressions can be allowed to remain which will not readily drain themselves. Slope ratios must be built as specified. C. All new construction must blend naturally into existing contours.without exception. D. The Golf Course Architect shall accept finished grades outside the green basins prior to beginning irrigation of drainage operations. 1W SECTION VI—GOLF COURSE CONSTRUCTION Pages NJAPLEWOOD GOLF COURSE RECONSTRUCTION OF 8TH GREEN AND HILLSIDE DRAINAGE TECHNICAL SPECIFICATIONS 3.05 CONTRACTOR OBLIGATION A. The Contractor providing services under this section of the specifications shall be fully responsible for the repair or replacement of any feature of the golf course existing or under construction which is damaged or destroyed as a result of his work or the faulty operation of any goods or services that he has provided. r .y oi SECTION VI—GOLF COURSE CONSTRUCTION Page6 OK 6 Hoc Zww At, V VV-9 FOAe7� -.2 m \PA47I 11 eAKA 6 W-t�- i7uKlWl K6,Lv-iH 4fAf7I Wei .14 S6Er7oSv 1-5 MINIMUM II" MINIMUM 601`IrAelf 104 r I-A 4 KAV�L- 4KOW Ae W f;4 ICA F;V�IN 71, V?AJ t4 fifg N G aw m TYPICAL GREEDY DETAIL - NO SGAL1i rr go No ,,op ,OIL- MINIMUM 17. Gf?.I%ip rr a'p!'1 N +....—�.r-.. � 119AtN F'if't; L. 'f� � •- �---GoNGat,1>i ANGHOIt usli MAtgwrACruKi R I . A 4JN WAN17 OR / MK �lre-elrleA-TION,6, - MAN rl pr- TAI 1 NATI O(y P:Og LAKE 114A.1 p MINIMUM b lot PUN PO/-K o , ( yu1:fGA?ION6) O � MINIMUM I% G AWt91u1,.NNT z_ 4%4. rrrtr: Q MAXIMUM N 1'E;RI<OIZA'fIOMIS MOWN O ' TYPICAL INTERCEPTOR DITCH DRAINAGE DETAILS Ilp�.. o � �yo �. b � M > � !� 8 0 y H O M y O do � � o -v z o r y ° :� z � Mph �`� ✓ yeti �ti •: ..� yZ;L wr O O 9� ry lw I r\ 4 V . �1 � I N /O ci rir .c ;" • ..� 1, i ,� 't � '7` • 4 Z 0 ..► / f o CD = O �� W • � m o rr err Alr w