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CAG-08-059 TM 111,AIA Document A101 - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the /*" day of j in the year aooB' (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, address and other information) completion.The author may also have revised the text of the original City of Renton AIA standard form.An Additions and 1055 South Grady Way Deletions Report that notes added Renton,WA 98057 information as well as revisions to the standard form text is available from the author and should be reviewed.A vertical line in the left and the Contractor: margin of this document indicates (Name, address and other information) where the author has added necessary information and where Spiritridge Construction,Inc. the author has added to or deleted 16220 S.E.29"Place from the original AIA text. Bellevue,WA 98008 This document has important legal consequences.Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location,and detailed description) AIA Document A201 TM-2007, General Conditions of the Contract Thomas Teasdale Park for Construction,is adopted in this 601 South 23`d St. document by reference.Do not use Renton,WA 98057 with other general conditions unless this document is modified. Install new, automatic irrigation system, supplemental storm drain system,new infield soil surfacing. The Architect: (Name, address and other information) MacLeod Reckord 231 Summit Avenue E. Seattle,WA 98102 The Owner and Contractor agree as follows. AIA Document A101 TM—2007.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:49:08 on 06/23/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (2530529010) *r.° TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS 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,all of which 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 a Modification,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Date will commence upon receipt of Notice to Proceed. If,prior to the commencement of the Work,the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: §3.2 The Contract Time shall be measured from the date of commencement. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ninety calendar(90) days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A101 TM—2007.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AIAQ' Document is protected by U.S.Copyright Law and International Treaties. .2 Unauthorized reproduction or distribution of this AIA8 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 10:49:08 on 06/23/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (2530529010) Portion of Work Substantial Completion Date Complete seeding. Prior to September 12,2008. subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be Two Hundred Sixty Four Thousand and Six Hundred Sixty Four Dollars and 30/100 which includes sales tax. ($264,664.30),subject to additions and deductions as provided in the Contract Documents. §4.2 The Contract Sum is based upon the following alternates,if any, which are described in the Contract Documents and are hereby accepted by the Owner: Additive Alternate No. 2-infield soil replacement. If the contractor fails to complete the work by the FINAL COMPLETION DATE(or such extension of that date which might be granted by the Owner),he agrees to abide by all provisions of the Contract. In addition,Liquidated Damages in the amount of Five Hundred Dollars(500.00)will be assessed for each calendar day that the Contractor exceeds the'FINAL COMPLETION DATE". (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates 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.) §4.3 Unit prices,if any: None (Identify and state the unit price;state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit §4.4 Allowances included in the Contract Sum,if any: (Identify allowance and state exclusions, if any,from the allowance price.) Item Price 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 1st day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the last 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 forty(40)days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) AIA Document A101 TM—2007.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Init. 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 10:49:08 on 06/23/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (2530529010) §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 show 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 ten per cent(10%). Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM-2007,General Conditions of the Contract for Construction; .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 ten per cent(10%); .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 A201-2007. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and (Section 9.8.5 of AIA Document A201-2007 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 A201-2007. §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 5.1.61 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum, 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 A201-2007,and to satisfy other requirements, if any,which extend beyond final payment;and 2 All conditions of Section 01700 have been met,and.3 The Renton City Council has approved an Agenda Bill for final payment,and .4 The State has audited the Contractor and provided approval to release retainage (usually 45 days from.2) AIA Document A101 TM—2007.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Init. 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 10:49:08 on 06/23/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (2530529010) �s §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: ARTICLE 6 DISPUTE RESOLUTION §6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) §6.2 BINDING DISPUTE RESOLUTION For any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of AIA Document A201-2007,the method of binding dispute resolution shall be as follows: (Check the appropriate box.If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ X] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ ] Litigation in a court of competent jurisdiction [ ] Other(Specify) ARTICLE 7 TERMINATION OR SUSPENSION §7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. §7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) per annum §8.3 The Owner's representative: (Name, address and other information) Todd Black Capital Project Coordinator City of Renton 1055 South Grady Way Renton,WA 98057 Telephone: 425-430-6571 AIA Document A101 TM—2007.Copyright 0 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AIAx Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:49:08 on 06/23/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (2530529010) **Awl lq. Fax: 425-430-6603 §8.4 The Contractor's representative: (Name, address and other information) Randy Cowan President Spiritridge Construction 16220 S.E.291h Place Bellevue,WA 98008 Telephone: 425-864-2512 Fax: 425-564-0971 §8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 The Contract Documents,except for Modifications issued after execution of this Agreement, are enumerated in the sections below. §9.1.1 The Agreement is this executed AIA Document A101-2007,Standard Form of Agreement Between Owner and Contractor. §9.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for Construction. §9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages §9.1.4 The Specifications: Project manual for Thomas Teasdale Park Irrigation and Playfield Improvements. (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: (Table deleted) §9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Number Title Date Cover Sheet 5/1/08 CI Survey 7/24/07 D1.0 Demolition&TESC Plan 5/1/08 D1.1 Demolition&TESC Plan Details&Notes 5/1/08 L1.0 Layout&Planting Plan 5/1/08 (Table deleted) L2.0 Grading&Drainage Plan 5/1/08 L3.0 Irrigation Plan,Legend&Notes 5/1/08 L3.1 Irrigation Details 5/1/08 L4.0 Site Details 5/1/08 . �6L2-5/Q8 AIA Document At 01 TM—2007.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,//1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AIA" 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 10:49:08 on 06/23/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (2530529010) §9.1.6 The Addenda,if any: Number Date Pages 1 5/16/08 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. §9.1.7 Additional documents,if any,forming part of the Contract Documents: .1 AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following: .2 Other documents,if any,listed below: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201-2007 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.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 1 I of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007.) Type of insurance or bond Limit of liability or bond amount($0.00) Federal Insurance Company Five percent of the amount of the bid or Twelve Thousand One Hundred Forty Dollars and 55/100($12,140.55). This Agre nt entered in; s of the day and year first written above. &" Zov-, OWN R(Signature) In CTOR(Signature) Denis Law, Mayor Randy Cowan, President 4• ( Bonnie Walton,City Clerk 11111. AIA Document A101 TM—2007.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 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 AIAR 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 10:49:08 on 06/23/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (2530529010) Additions and Deletions Report for AIA®Document A101TM— 2007 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 10:49:08 on 06123/2008. PAGE City of Renton 1055 South Grady Way Renton,WA 98057 Sniritridge Construction,Inc. 16220 S.E.29"'Place Bellevue,WA 98008 Thomas Teasdale Park 601 South 23`d St. Renton,WA 98057 Install new,automatic irrigation system,supplemental storm drain system,new infield soil surfacing, (Name, address and other information) MacLeod Reckord 231 Summit Avenue E. Seattle,WA 98102 PAGE 2 Date will commence upon receipt of Notice to Proceed. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than k---)--ninety calendar(90) days from the date of commencement,or as follows: PAGE 3 Complete seeding. Prior to September 12,2008. §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be 14--�,-Two Hundred Sixty Four Thousand and Six Hundred Sixty Four Dollars and 30/100 which includes sales tax.($264,664.30),subject to additions and deductions as provided in the Contract Documents. Additions and Deletions Report for AIA Document At 01 TM—2007.Copyright ©1915,1 918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIA" Document is protected by U.S.Copyright Law 1 and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:49:08 on 06/23/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (2530529010) §4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: Additive Alternate No. 2-infield soil replacement. If the contractor fails to complete the work by the FINAL COMPLETION DATE for such extension of that date which might be granted by the Owner),he agrees to abide by all provisions of the Contract. In addition,Liquidated Damages in the amount of Five Hundred Dollars(500.00)will be assessed for each calendar day that the Contractor exceeds the'FINAL COMPLETION DATE". §4.3 Unit prices,if any: None §5.1.3 Provided that an Application for Payment is received by the Architect not later than the Ist day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the last 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(--forty 40 days after the Architect receives the Application for Payment. PAGE 4 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 ten per cent(10%).Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM-2007, General Conditions of the Contract for Construction; .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(--,ten per cent(10%); .2 a F„^t Gel4iF:,.,,.e T^F Pa5'Ffie fit haS boo issued by the ^fehitee4.All conditions of Section 01700 have been met.and.3 The Renton City Council has approved an Agenda Bill for final payment,and .4 The State has audited the Contractor and provided approval to release retainage(usually� 5 days from.2 PAGE 5 [ X J Arbitration pursuant to Section 15.4 of AIA Document A201-2007 per annum Todd Black Capital Project Coordinator City of Renton 1055 South Grady Way Renton,WA 98057 Telephone: 425-430-6571 Fax: 425-430-6603 Additions and Deletions Report for AIA Document A101 TM—2007.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law 2 and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:49:08 on 06123/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (2530529010) PAGE 6 Randy Cowan President Spiritridge Construction 16220 S.E.291h Place Bellevue,WA 98008 Telephone: 425-864-2512 Fax: 425-564-0971 §9.1.4 The Specifications: Project manual for Thomas Teasdale Park Irrigation and Playfield Improvements. Title of Specifications exhibit: Sestlet+ T" Sate Rages Title of Drawings exhibit: Number Title Date Cover Sheet 5/1/08 C1 Survey 7/24/07 D1.0 Demolition&TESC Plan 5/1/08 D1.1 Demolition&TESC Plan Details&Notes 5/1/08 L1.0 Layout&Planting Plan 5/1/08 NumbeF TWO Sate L2.0 Grading&Drainage Plan 5/1/08 L3.0 Irrigation Plan,Legend&Notes 5/1/08 L3.1 Irrigation Details 5/1/08 L4.0 Site Details 5/1/08 jr—L 61Z5,/Ob PAGE 7 1 5/16/08 2 Federal Insurance Company Five percent of the amount of the bid or Twelve Thousand One Hundred Forty Dollars and 55/100($12,140.55). Dennis Law, Mayor Rand owan President Additions and Deletions Report for AIA Document A101 TM—2007.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIAP Document is protected by U.S.Copyright Law 3 and International Treaties.Unauthorized reproduction or distribution of this AIAO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:49:08 on 06/23/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (2530529010) Bonnie Walton,Cites Additions and Deletions Report for AIA Document A101 TM—2007.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIAR Document is protected by U.S.Copyright Law 4 and International Treaties.Unauthorized reproduction or distribution of this AIAO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:49:08 on 06/23/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (2530529010) Certification of Document's Authenticity AIA®Document D401 TM — 2003 I,Todd Black,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:49:08 on 06/23/2008 under Order No. 1000347448_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A101TM—2007-Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signe ) (Title) G-c+Z1 � (Dated) AIA Document D401 rm—2003.Copyright©1992 and 2003 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, 1 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 10:49:08 on 06/23/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (2530529010) �I PROJECT MANUAL for f THOMAS TEASDALE PARK IRRIGATION & PLAYFIELD E T IMPROVEM N S Renton, Washington Owner: CITY OF RENTON Community Services 1055 South Grady Way Renton, WA 98055 Todd Black, Capital Project Coordinator 425-430-6571 425-430-6603 (Facsimile) Landscape Architect: MacLeod Reckord 231 Summit Avenue East Seattle, WA 98102 206-323-7919 206-323-9242 (Facsimile) Date: May 1, 2008 � THOMAS TEASDALE PARK TABLE OF CONTENTS TITLE NUMBER OF PAGES Tableof Contents............................................................................................................2 DIVISION 0- BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT ` �w 00020 Synopsis of Bidding Information........................................................................ 1 08030 Invitation bo Bid................................................................................................. 1 00040 Call for Bids......................................................................................................1 00110 Bidder's Check List........................................................................................... 1 00200 Instructions to Bidders......................................................................................4 00310 E]d Form--------.----------------------. — � 5 — � -- 00400 Non-Collusion Affidavit/|Minimum Wage Form.................................................1 80420 Statement of Bidder's Qu@|ifioatkon$ -------'----'---------.3 00500 Bid Bond Form..................................................................................................1 00705 General Conditions....................................................................................1C3g\ 00800 Supplemental General Conditions ....................................................................2 00810 |Modifications to General Conditions..................................................................1 00900 Special Conditions............................................................................................3 00910 Bond bP the City pf Renton Form.......................................................................1 00820 Insurance &Fle|ated Requirements ..................................................................3 01010 Summary of Work.............................................................................................2 01015 Special Provisions ............................................................................................7 01025 Measurement and Payment--------------'—_----'---'.3 01027 Application for Payment------------.--------.---'._--1 -- 01028 Change Orders.................................................................................................3 01080 Regulatory Requirements------'------------------.1 01200 Meetings---------------.-----------------.--2 01300 Submittals.........................................................................................................3 01340 Shop Drawings, Product Data, & Samples........................................................ 1 01370 Schedule qf Values........................................................................................... 1 01400 Quality Control —'--------------'---------------'1 01430 Inspections &Tests ..........................................................................................2 01500 Construction Facilities, Utilities, and Temporary Controls .................................2 01580 Environmental Controls.....................................................................................5 01570 Traffic Regulation—'-------------------'—_--------2 01830 Product Substitutions-----.----'--'----.----'---.----.4 01700 Project Close-Out.............................................................................................5 DIVISION 2-TECHNICAL SPECIFICATIONS 02200 Demolition & Site Preparation...........................................................................4 02300 Earthwork.........................................................................................................8 02630 EtQM0 Drainage 02730 Granular Surfacing............................................................................................7 02810 I ----.------.—.-------'---------------8 TABLE OFCONTENTS PAGE THOMAS TEASDALE PARK TABLE OF CONTENTS 02820 Temporary Chain Link Fencing............................................ ............................2 02870 Site Furnishings..........................._...................................... .......2 02900 Planting ....._.............................................._......................•. ...............9 PREVAILING WAGES END OF TABLE OF CONTENTS �r wn TABLE OF CONTENTS PAGE 2 nr DIVISION 0 Aw THOMAS TEASDALE PARK SYNOPSIS OF BIDDING INFORMATION SECTION 00020 1. PROJECT: Thomas Teasdale Park Playfield and Irrigation Improvements 601 South 23`d Street Renton, WA 98055 2. OWNER: City of Renton 1055 South Grady Way Renton, WA 98057 3. OWNERS REPRESENTATIVE: Todd Black, Capital Project Coordinator Parks Division of Community Services +•r Renton City Hall 1055 South Grady Way Renton, WA 98057 4. BIDS DUE: May 22,,2008 Renton City Hall -Seventh Floor—City Clerk's Office �r 5. TENTATIVE SCHEDULE OF WORK: The following dates represent the tentative schedule for the Work to be performed under this contract: Plans Available for Bidding May 1, 2008 Pre-Bid Site Walk-Thru May 15, 2008 Bids Due by 2:30 p.m. May 22, 2008 Commence Construction Work No sooner than July 14, 2008 +rr Complete Seeding Prior to September 12, 2008 6. TIME OF CONSTRUCTION: Total Project:'90 days. Liquidated Damages: $500./day after 105 days. 7. BID SECURITY: A certified check or bid bond in the amount of 5% of the total amount of each bid must accompany each bid. 8. PER'FORMANC'E BOND & PAYMENT BOND: 100% of contract amount 9. WAGES: Pay state promulgated prevailing wages rates. 10. TYPE OF CONTRACT: ' Single lump-sum contract encompassing all work. rr END OF SECTION ,r 4/30/2008 00020 - 1 +w THOMAS TEASDALE PARK INVITATION TO BID SECTION 00030 so CITY OF REI4TON r COMMUNITY SERVICES—PARKS DIVISION THOMAS TEASDALE PARK IRRIGATION AND PLAYFIELD IMPROVEMENTS Sealed bids will be received until 2:30 p.m., May 22, 2008 at the City Clerk's office, 7 floor, and will be opened and publicly read at 3:00 pm in the fifth floor conference room, #521, of Renton City Hall, 1055 South Grady Way, Renton, WA 98055, for the Thomas Teasdale Park Irrigation and Playfield Improvements. Bids received after the specified date and time will not be considered. The work under this,Contract includes: Temporary erosion and sedimentation control; infield soil wr removal, sod stripping and demolition of miscellaneous site improvements; earthwork; drainage including curtain drain; infield soil surfacing; irrigation; topsoil; seeding and turf restoration. ., A single contract bid including general and specialty contracts shall be submitted in accordance with the drawings, project manual, and other contract documents. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bids received. The range for the estimated construction cost is$225,000.00 to $250,000.00, including tax. Bid documents will be available May 1, 2008. Plans., specifications, addenda, and,plan holders list for this project are available on-line through Builders Exchange of Washington, Inc., at http://www/bxwa.com. Click on "bxwa.com"; "Posted Projects"; "Public Works", "City of Renton", "Projects Bidding". (Note: Bidders are encouraged to "Register as a Bidder," in order to receive automatic email notification of future addenda and to be placed on the "Bidders List." Questions about the project shall be addressed to Ed MacLeod, MacLeod Reckord, 231 Summit Avenue East, Seattle, WA 98102, Phone: (206) 323-7919, Fax: (206) 323-9242. A pre-bid site walk-through will be held on May 15, 2008 at 10:00 am, at the site. Each bidder is fully responsible for familiarizing themselves with the work and the site conditions. •• A Bid Bond in the amount of 5% of the total amount of each bid must accompany each bid. The City reserves the right to reject any and all bids and to waive any informalities or irregularities in bids received. The City's Fair Practices and Non-Discrimination policies and State Prevailing ..r Wage Rates apply to this project. The successful bidder shall enter into a contract in accordance with the bid and shall furnish a Performance Bond in the amount of 100% amount bid. END OF SECTION 00030 PAGE 1 o. CAG-08-059 CITY OF RENTON CALL FOR BIDS Thomas Teasdale Park - P Sealed bids will be received until 2:30 p.m., Thursday, May 22, 2008, at the City Clerk's office, 7th floor and will be opened and publicly read in conference room #521 on the fifth floor,Renton City Hall, 1055 South Grady Way, Renton WA 98057. The work, to be performed within 90 calendar days from the date of commencement under this contract shall include,but not be limited to: Playfleld and irrigation improvements including: Temporary erosion and sedimentation control; sod stripping; infield soil removal and replacement; earthwork; drainage; irrigation, topsoil; seeding and turf renovation. Bid documents will be available May 1, 2008. Plans, specifications, addenda, and plan holders list for this project are available on-line through Builders Exchange of Washington, } Inc., at littp://www/bxwa.com. Click on "bxwa.com"; "Posted Projects"; "Public Works", "City of Renton", "Projects Bidding". (Note: Bidders are encouraged to "Register as a ++�• Bidder," in order to receive automatic email<notification of future addenda and to be placed on the `Bidders List." Questions about the project shall be addressed to Mr. Ed MacLeod, 231 Summit Avenue East, Seattle, WA. 95102 (phone 206 323-7919, fax 206 323-9242) A pre-bid site walk-through will be 'held on May 15, 2008, at 10:00 a.m. at the site. Each i bidder is fully responsible for familiarizing themselves with the work and the site conditions. i A Bid Bond in the amount of 5%of the total amount of each bid must accompany each bid. The City reserves the right to reject any and all bids and to waive any informalities or irregularities in bids received. The City's Fair Practices and Non-Discrimination policies and State Prevailing Wage Rates apply to this project. Bids shall be in a sealed,envelope marked"THOMAS TEASDALE PARK". f Bonnie I.Walton, City Clerk +.. Published: Daily Journal of Commerce on May !,.and 8,2008 irir THOMAS TEASDALE PARK SECTION 00110 BIDDER'S CHECKLIST rir 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. ..r 2. Proposal Signature Sheet To be filled in and signed by the'Bidder. 3. Certified Check or Bid Bond In the amount of 5% of the total of each bid. rrr END OF SECTION ww No wr wr rr. 00110 - 1 �rw THOMAS TEASDALE PARK INSTRUCTIONS TO BIDDERS SECTION 002`00 PART 1 INSTRUCTIONS TO BIDDERS 1. BIDDERS REPRESENTATIONS A. The work involved under the terms of this contract document shall be full and complete installation of the facilities, as shown on the plans and as described in the err construction specifications. B. The Bidder, by making a Bid, represents that he has read and understands the Bidding 'Documents and the Bid is made in accordance therewith. He has also visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the bidders personal observations with the requirements of the proposed Contract Documents. it C. Bids shall include Work in conformance with all applicable State 'Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over the r construction of the Project. D. A total of ninety '(90) calendar days will be allowed for the construction portion of this project. 2. CONDITIONS OF THE WORK .w A. Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligations to furnish all material and labor necessary to carry out the provisions of his contract. B. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 3. ADDENDA AND INTERPRETATIONS r A. No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. B. Every request for such interpretation should be in writing addressed to the Owner's Representative, and to be given consideration must be received at least five (5) days prior to the date fixed for the opening of bids. Any and all such interpretations and any ■r supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed and faxed no later than five ''(5) days prior to the date fixed for the opening of bids. Failure of any bidder to receive such addenda or interpretation shall not relieve any such 'bidder from any obligation under his bid as submitted. All addenda so issued shall'become part of the contract documents. r ow 00200 - 1 60 THOMAS TEASDA'LE PARK ' INSTRUCTIONS TO BIDDERS SECTION 00200 4. SUBSTITUTIONS A. The materials, products, and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be wr met by any proposed substitution. B. The Owner's Representative shall have the final decision on the acceptability of substituted products. Refer to Section 01630 of the Specifications for Product Substitutions. 5. PREPARATION OF BIDS Each bid must be submitted on the enclosed form. Do not use or remove form bound within the specifications. All blank spaces for bid prices must be filled in, either in ink or typewritten. The amount for each specified type of work, the pre-tax lump sum, applicable taxes, and total lump sum bid must be stated in both words and figures and where conflict occurs, the written or typed word shall prevail. (see Section 1-02.6, City of Renton Supplemental Specifications). Each bid must be accompanied by fully completed and executed items in the Bidder's Checklist,Section 00110. 6. SUBMISSION OF BIDS A. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his or her address, and the name: rrr "Thomas Teasdale Park" B. All bids must be self-explanatory. No opportunity will be offered for oral explanation except as the City may request further information on particular points. C. Bids shall be submitted to the Seventh Floor, City Clerk's Office, Renton City Hall, 1055 South Grady Way. Bids will be received until 2:30 pm, May 22, 2008. D. No telegraphic or fax modifications will be allowed. 7. AWARD OF BID A. It is the intent of the Owner to award a Contract to the lowest responsible Bidder within the funds available for work included in the Base Bid and any or all Alternates selected by the Owner (if included), inclusive of Washington State sales tax, provided the Bid has been submitted in accordance with the requirements of the Bidding Documents. B. The Owner reserves the right to reject any bidder if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that the Contractor is properly qualified to complete work of the highest quality. 8. POST BID INFORMATION AND DOCUMENT SUBMITTAL A. The 'bidder winning the award of this project will be required to submit the following documents to the City, within ten (10) days of Notice of Contract Award: • Standard Form of Agreement —AIA Form A101. Sample document is provided for convience at the end of this Section. 00200 - 2 .. THOMAS TEASDALE PARK INSTRUCTIONS TO BIDDERS SECTION 00200 ow • Certificates of Insurance (see Section 00920 for requirements) • City of Renton'Business<License ... Performance Bond and Payment Bond (see Section 00910 for form) • City of Renton Affidavit of Compliance (see Section 00400 for form) • Affidavit of Intent to Pay Prevailing Wages. ' B. Should a 'bidder fail to enter into contract and furnish required documents within fourteen (14) days after his proposal has been accepted, his bid guarantee shall be retained by the Owner as liquidated damages, not as a penalty. 9. NOTICE TO PROCEED Notice To Proceed shall be given after the City Council, City Attorney, and Risk Manager approve the Contract and the Contract is signed by the Mayor. Notice To Proceed shall not be before July 11, 2008. 10. TIME OF CONSTRUCTION After the designated date of Start of Work, the Contractor shall proceed with promptness and diligence. The Contractor has ninety (90) calendar days to complete the construction work. All work>shall be physically complete within one hundred five (105) days of Notice to Proceed, unless otherwise notified by Owner. 11. LIQUIDATED DAMAGES .� For each calendar day after date established by the above allowed time that any portion of the work remains incomplete (in the City's sole judgment), the sum of Five Hundred Dollars ($5,00.00) (not to be construed in any sense a penalty) is the agreed liquidated damages incurred by the City for failure of the Contractor to meet the scheduled completion dates. 12. CHANGE ORDER A. When extra work is performed under an approved 'Change Order and paid for by acceptable lump sum or mutually agreed prices, the contractor will be limited to a • markup of 10% overhead and profit. B. When extra work is performed as above by a subcontractor to the general contractor, the general contractor shall be limited to a 10% markup on the subcontractors work. No further markup shall be permitted to cover any other miscellaneous costs. r 13. QUALIFICATIONS OF SUBCONTRACTORS The Owner reserves the right to approve or reject the subcontractors identified in the Bid Forms, after'bid opening, providing the Contractor has the right to decide not to enter into the contract if the Owner so exercises the right to disqualify a subcontractor. 14. SECURITY FOR 'FAITHFUL PERFORMANCE Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds, as required by RCW 39.08.010, as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the 00200 - 3 r THOMAS TEAS'DALE PARK ► INSTRUCTIONS TO BIDDERS SECTION,00200 General Conditions included herein. The surety on such bond or bonds shall be duly authorized by a surety company satisfactory to the Owner. 15. CITY OF RENTON It should be noted that the City of Renton as project Owner is distinct in dealings and responsibilities from the City of Renton as building official and regulatory agency,regarding compliance with existing ordinances, etc. 16. EQUAL OPPORTUNITY EMPLOYER The City of Renton is an Equal Opportunity Employer. END OF SECTION err wry 00200 -4 rrr DRAFTAIAO Document A101 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the IM day of in the year an words,indicate day,month and year) -� BETWEEN the Owner: orrs � T"ioxs.: [ha.Jeed author of this document (Name,address and other information) added information for its completion. The author may also have j re 'sed the text of the original Al S andard form. An>Addition 3, a d Deletions f10 Rel ort that no es added and the Contractor: inf Drmation as well as t (Name,address and other information) reN'sions t t e standard fo x a••ailab7fl f-14 the author and should be This document has impo�tait 3 legal consequenc Consultatio h an atto s enc ur ged with r for the following Project: ect t s c+om letion (Name, location,and detailed description) or ication`. Docum 2(1- 2007, r Genera ndit.1 ns f the Contract for struc is adopted in thi umen by reference. Do not us The Architect: e wrl� with of er general z (Name, address and other information) c �tions 'nless oc 's di d. t j E The Owner and Contractor agree as follows. C } ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is III prohibited and constitutes a violation of copyright laws as set forth in the footer of s» this document. AIA Document A10V( 2007. Copyright 0 I915 1918, 1925, 1937, 1951, .1958, 1961, %9163, 1967, i974,::1 @77;'.1987, 2991, 1997 and 2007 rby The American Institute of Architects. All rights.reserved, WARNING. This AIA" Dom=art is prpteCted by U.S. Copyright Law and.international Treaties. Unauthorized reproduction or distribution of this't,IA° 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 draft was produced by ayn software at:11:29:30 on X 04/30/2008.under Order No.1000347448T1 which expires on 3/11/2009, and is not for resale. user,Notes: .(3505404875) - aw gn TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS rr► 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 3 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS t 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 1' in this Agreement and Modifications issued after execution of this Agreement,all of which form the Co_Vaet and are as fully apart of the Contract as if attached to this Agreement or repeated herein.The Contra resen e entire and integrated agreement between the parties hereto and supersedes prior negotiatio epres ons o agreements,either written or oral.An enumeration of the Contract Documents,other than M cation,app �nn Article 9. , ARTICLE 2 THE WORK OF THIS CONTRACT ��� The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated 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 er s s to wo below or provision is made for the date to be fixed in a notice to proceed issued by the 0w er. (Insert the date of commencement if it differs from the date of this Agreement or, if applica le, tate that t e d will be fixed in a notice to proceed.) If,prior to the commencement of the Work,the Owner requires time to file mortgages and bfiter°seeurity r terests; the Owner's time requirement shall be as follows: I §3.2 The Contract Time shall be measured from the date of commencement. f om the §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than (nE),days date of commencement,or as follows:(Insert number of calendar days.Alternatively,a calendar date may be used when coordi ted date f commencement.If appropriate, insert requirements for earlier Substantial Completion of c rtatn por ions o The Work.) - AIA Document A1011' 2007..Copyright;:®1915, 1918,`1925, 1937_1951, 1958, 1961, 1963, 3967,, 197<, 1977,. 1987,, 1991, 1997 and 2007 by The :American Institute of Architects. All rights reserved. AARi?ING.: This'AW.Document is protected by U.S. Copyright Law and International Treaticts. Unauthorized<reproduction or distribution of this ATA` Document, or any portion of it,.may result in severe civil and criminal 2 penalties, and will'be prosecuted to the riazimum extent possible under the law. This draft was produced by AIA software at 11:29:30.,on 04/30/2008 under Order TLo.1000347448_I which expires on 3/11/2009, and is not for resale. User Notes: (3505404575) w Portion of Work Substantial Com letion'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 achieve Substantial o letion on time or for bonus payments for early completion of the Work.) i 1M1t ARTICLE 4 CONTRACT SUM l so §4.1 The Owner shall pay the Contractor the Contract Sum in current fumds for the Contra r'�performance of the Contract.The Contract Sum shall be ($ ),subject to additions and deductions as pr vid d in the Contract Documents. r I §4.2 The<Contract'Sum is based upon the following alternates,if any,which are described Contrac Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.If the bidding or proposai doz uments pe ini, the s Owner to accept other alternates subsequent to the execution of this Agreement,attach a s ea de of suc of ter alternates showing the amount for each and the date when that amount expires.) t f aw 4.3 Unit prices,if any: ; (Ident y and state the unit price;state quantity limitations,if any,to which the unit price will be applicable) "a' Item Units and limitations Price Per Unit s'. F` 4.4 Allowances'included in the Contract Sum,if any: (Ident6 allowance and state exclusions, ifany,from the allowanceprice.) f! Item Price ` ARTICLES PAYMENTS 3 §5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor rd4iertificat e fo Payment issued by the Architect,the Owner<shall make progress pa ents on account of act Su' to e Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Pa y ment shall be one calendar month ei 4' .2n of te t da the month,or as follows: t so §'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 of the certified amount to the Contractor not later than the daq e month.If an Application for Payment is receivedb the Architect after the application date above,payment shall be made by the Owner not later than { )days after the Architect receives the p cation for Payment (Federal state or local laws may require payment within a certain period of time.) §5.1.4 Each Application for Payment shall be based on the most recent schedule of values tied by the Contractor in accordance with the Contract Documents.I The schedule of values shaII alloc a the en a on ac Sum among the various portions of the Work.The schedule o€values shall be prepared in AIA Document AlO11—2007.'copyright O 1915; '1916, L925, 1937,.1951 1958,_1962 19fi3 5967, 197d,,�1977, .1987; 1991, 1997 and 2007,b The American..institute of Architects. All rights reserved. AAftNING:'"Thin AlA` Dowwaiit is"protected by U.s. Copyright Le'n and Iateznational ' T;.eaties Unapthorized reproduction or.distributi.on of this'?SA® Uacumsnt, or arPy corW.on of it., may result in severe civil and crimi aaI 3 penalties, an$oii.1l be presecgted to the maximum sa. t possible undor the:.law. This-draft was produced by AT&software at 11:29:30 on ' <04/30/2009 under Order No.10003A79A8_1 which expires"on 3/11/2009, and is not for resale. User Notes: " - _. -(3505104575) _ 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 show the percentage of completion of each portion of the Workers 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 pay nent shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Worl as etermined by multiplying the percentage completion of each portion of the Work by the sl are o F ffe- ontract um allocated to that portion of the Work in the schedule of values,less retaina of ):Aadia �— ... final determination of cost to the Owner of changes in the Work,amounts n•t dispute shall be included as provided in Section 7.3.9 of AIA Document A20 I T"t--2007,Gen ral onditions of the Contract for Construction; .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 co .on(or,if approved in advance by the Owner,suitably stored off the site at a'location agreed up(a ir writing), BE retainage of ( ); .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 e Cate for.Pa3 ment as provided in Section 9.5 of AIA Document A201-2007. §'5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be the following circumstances: – .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the 7 full amount of the Contract Sum,less such amounts as the Architect shall determine for incompl ', Work,retainage applicable to such work and unsettled claims;and (Section 9.8.5 ofAL4 Document A201-2007 requires release of applicable retain pon Substantial Completion of Work with consent of surety, if any.) n .2 Add,if final completion of the Work is thereafter materially delayed through no, of the Contractor,any additional amounts payable in accordance with Section 9,10 s A e No A201-2007. f. §'5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (1f 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 elsewhe Contract Documents,insert here provisions for such reduction or limitation) Ty s §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance paylien s to suppli rs r materials or equipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be wner to he Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsib' Work as provided in Section 12.2.2 of AIA Document A201-2007,-and to satis err uirements, if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be trade no later than 30 days aft r issuance of the Architect's final Certificate for Payment,or as follows: AIA Document A101'(,-2007, Copyright '®1915` 19igr; 1925, 1937,�19b1 1958, 1961,'1§63--1967,1974, -3977, 1967, :}991, 1997 and 2007 by The American.lnstitufe of Architects. All rights ieserved. 1fA-RX1NG: This AW Docw@ert io protected by U:S,'Copyright Law and international Treaties ',Unavthoiized reproduction or distribution of this-AIA! Docucenb., or any portion of it, may resviC in severe.civil and criminal 4 penalties,',and will be prosecuted to the mauimiim extent.possible under the last. This draft was produced by ASA software at 11:29:30 on 04/30/2000-tinder Order.No.100034-74481 which expires on 3/11/2009, and is not for resale. User Notes: - - (35.05404575) ar ARTICLE 6 DISPUTE RESOLUTION urr► §6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A2012007,unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. (If the parties mutually agree,insert the name,address and other contact information of the Initial Decision Maker, if other than the Architect) as §'6.2 BINDING DISPUTE RESOLUTION t —For any Clamor subject to,but not resolved by,mediation pursuant to Section 15.3 of AIA ocun4Q 1�987, — method of binding dispute resolution shall be as follows: (Check the appropriate box.If the Owner and Contractor do not select a,method of N n di, ute resolution below,or do not subsequently agree in writing to a binding dispute resolution method othe du n litigation, Claims will be resolved by litigation in a court of competent jurisdiction) No fift Arbitration pursuant to Section 15.4 of AIA Document A201-2007 r Litigation in a court of competent jurisdiction 1 +r � Other(Specify) ; aw t ARTICLE 7 TERMINATION OR SUSPENSION §7.1 The Contract may terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. §7.2 The Work may suspended by the Owner as provided in Article 14 of AIA Do cum 0 0-�1—,� ARTICLE 8 MISCELLANEOUS'PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or an Contract I Document,the reference refers to that provision as amended or supplemented by other provisions of the Co Documents. rr� §8.2 Payments due and unpaid under the Contract shall bear interest from the elate payment is d ate stated below,or in the absence thereof;at the legal rate;prevailing from time to time at the place w ere the Proje is t located. ` (Insert rate of interest agreed upon, if any.) ^` 1? Nrr 8:3 The Owner's.representative: (Name,address and other information) fZ §8.4 The Contractor's representative: (Name,address.and other.information) AL4�Documant AlOY"—.2007.;Copyright 0 1915, 1918, _1925, 1937, 1951, 1958, 1961, 1963., 1967,-2974,.1977, 198 1991, 1997 and 2007 by The American Institute of d reproducti All rights reserved. HARKING; ThisAle Document is protected..by-.U.S. Gop}right Law.and-international Treaties. Unauthorized reproduction or dastrsbutS,on of this AIR` Document, or any portion•of it, may.result in severe:civil and criminal 55 ,penaitles., and will be prosecuted to the maxiausrt extent possible under._the law, This draft was produced by..AIA software at 11:29:30 on 04/30/2008 under OrderNo.100034'7448_1 which expires on 3/11/.2009, and is not for resale. User Notes: - .. - (3505404575) 1111 §8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other Party. §8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 The Contract Documents,except for Modifications issued after execution of this Agr mt,are enumerated in the sections below. 9.1.1 The Agreement is this executed ALA Document A101 2007,Standard Form of Agr(emi nt Between Owner and Contractor. 11u► §9.1.2 The General Conditions are ALA Document A2012007,General Conditions of the Orn ract for Construction. " §9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date agps ew+d.xww�.,a»w.m� f §9.1.4 The Specifications: a her list the jecgitions here or ref er to an exhibit attached to this Agreement.) §9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this A regiment Elm a §9.1.6 The Addenda,if any: Number Date Pacles �'"""ems I` Portions of Addenda relating to bidding requirements are not part of the Contract Documents u s ldding »F g requirements are also enumerated in this Article 9. . §9.1.7 Additional documents,if any,forming part of the Contract Documents: j f t .1 AIA Document E201T"L-2007,Digital Data Protocol Exhibit,if completed t1�e par€ies, tll following: L---j .2 Other documents,if any,listed below: (List here any additional documents that are intended#o form part of the Contract D 1VffM1 AW--11 Document A20I 2007 provides that bidding requirements such as advertise?me or invita bcd, Instructions to Bidders,sample farms and the Contractor's bid are not part o he ntract Documents unless enumerated in this Agreement. 27ieyshould be listed her onl tf intended to be part of the Contract Documents.) t ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain.insurance and provide bonds as set forth in ArdEO t Hoeum@ A201-2007. _. AL4 Document A101161- 2007. Copyright ®1914, 1918,:1925, 1937, 1951, 1958,+1961, 7.963,1967, 1974., 1977 1997, 1961,.1997 and 2007 by The American'Institute of Architects. All rights;reserved: WA".Iw* This.AL4°'DOCfm�ent is protected:L�y U.S. .Copyright Law and International Treaties. Unauthorized reproduction or 4istribution of this A19 DOC�,mient, or a portion:of it, may rQsul'.ln severe alvil and'criminal 6 penalties, and will'be prosecuted to the maximum extent possible,under the law. This draft was produced by Alksoftware at 11:29,:30 on 04%3012008.under Order No..1000347448 1 which expires on 3/11/2009, and is not for resale. User.Notes: .. _ . '. - .. (3505404575) aw (State bonding requirements, if any,and limits of liability for insurance required in Article I I of A1A Document rr A201-2007.) Type of insurance or bond Limit of liability or bond amount $0.00 MMM This Agreement entered into as of the day and year first written above. OWNER(Signature) CONTRACTOR(Signature) �rw (Printed name and title) (Printed name and title) i t ) F a a t i � t � 1 '^a t9 ft. r AIA Doemment A101M-2007, Copyright O.1B15, 1918, 1925, 1937, 1951, 1950, 1961, 1963' 1967, 1974, 1977., 1987, 1991, 1.997 and 2007 by The F.me.rican Institute of Architects. All rights reserved, HARNING. This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution Of this Ale DOeument, or any r.of it, may result in severe civil and criminal 7 penalties, xim4m and will be prosecuted to the n+a extent possible under the.law. This.draft was produced by AIA software at 11.29:30 or. 9>r 04/30/2008 under'Order No.3000347440 1 which expires on 3/611/2009, and is not for resale. - User Notes: .. ,(3505404575) `.1 dw THOMAS TEASDALE PARK BID FORM SECTION 00310 FORM OF'PROPOSAL( BID ) for the THOMAS TEASDALE 'PARK IRRIGATION AND PLAYFIELD IMPROVEMENTS 601 South 23`d Street Renton, WA 98055 Bids Due May 22,2008 To: Renton City Hall City Clerk, Seventh Floor 1055 South Grady Way Renton, WA 98055 r The undersigned'hereby certifies that they have carefully examined the Contract Documents as defined in the General Conditions entitled"Thomas Teasdale'Park— Irrigation and Play6field Improvements", Renton, WA and have examined the site of the work and the locations where said work is to be done, and fully understands the manner in which payment is proposed to be made for the cost thereof, 'hereby proposes to furnish all materials/equipment and to perform all labor that may be,required to complete said work within the time fixed, and upon the terms and conditions provided in said Contract Document for consideration of the following amounts. A. LUMP SUM BASE BID: 1. BASE BID: For all work shown in the Contract Documents, except that work included in Additive Alternate#1 and Additive Alternate#2, excluding applicable taxes, the sum of: +� Amount in writing dollars ($ Amount in number 2. APPLICABLE TAXES: Applicable taxes for all work shown in A. 1. above, the sum of: Amount in writing dollars ($ Amount in number w Page 1 of 7 hn, THOMAS TEASDAL'E PARK BID FORM SECTION 00310 3. TOTAL BASE BID: For all work shown in the Contract Documents including A. 1. and A. 2. above, the total sum, including taxes, of: r Amount in writing dollars ($ Amount in number The undersigned understands that: a. The Total Base Bid includes overhead and profit. b. The Total Base Bid includes Washington State Sales tax. c. The Construction Work shall be completed within (90) calendar days from issuance by the City of Notice to Proceed. d. The Contractor has reviewed, understands, and will provide the insurance coverage as called for in the Contract Documents. B. ADDITIVE ALTERNATE #1 —TURF RESTORATION: 1. ADDITIVE ALTERNATE #1: For all work shown in the Contract Documents as Additive Alternate#1 which is not included in the Base Bid, excluding applicable taxes, the sum of: Amount in writing dollars ($ Amount in number 2. APPLICABLE TAXES: Applicable taxes for all work shown in B.1. above, the sum of: Amount in writing dollars ($ Amount in number 3. TOTAL ADDITIVE ALTERNATE#1 BID: For all work shown in the Contract Documents as Additive Alternate#1, which is not included in the Base Bid or Additive Alternate#2, and including B.I. and B.Z. above, the total sum, including taxes, of: rMi Amount in writing dollars ($ ) Amount in number Page 2 of 7 .. THOMAS TEASDALE PARK BID FORM SECTION 00310 The undersigned understands that: a. The Total Additive Alternate#1 Bid includes overhead and profit. • b. The Total Additive Alternate#1 Bid includes Washington State Sales tax. c. The Construction Work shall be completed within (90,) calendar days from issuance by the City of Notice to Proceed. d. The Contractor has reviewed, understands, and will provide the 'insurance coverage as called for in the Contract Documents. C. ADDITIVE ALTERNATE #2—INFIELD SOIL REPLACEMENT: r 1. ADDITIVE ALTERNATE #2: For all work shown in the Contract Documents as Additive Alternate#2 which is not included in the Base Bid, excluding applicable taxes, the sum of: 4W Amount in writing dollars ($ ) wr Amount in number 2. APPLICABLE TAXES: KO Applicable taxes for all work shown in CA. above, the sum of: Amount in writing 40 dollars ($ Amount in number w 3. TOTAL ADDITIVE ALTERNATE#2 BID: For all work shown in the Contract Documents as Additive Alternate#2, which is not included in the Base Bid or Additive Alternate#1, and including CA. and C,2. above, the total sum, including taxes, of: Amount in writing dollars ($ ) Amount in,number The undersigned,understands that: a. The Total Additive Alternate#2 Bid includes overhead and profit. b. The Total Additive Alternate#2 Bid includes Washington State Sales tax. c. The Construction Work shall be completed within (90) calendar days from issuance by the City of Notice to 'Proceed. d. The Contractor has reviewed, understands, and will provide the insurance coverage as called for in the Contract Documents. Page 3 of 7 wr THOMAS TEASDALE PARK BID FORM SECTION '00310 D. PRINCIPAL SUBCONTRACTORS: The undersigned proposes to use the following subcontractors to complete the work as shown on the drawings and described in the specifications. FIRM TASK VALUE OF WORK E. CONDITIONS OF PROPOSAL: 1. DETERMINATION OF THE'LOW BIDDER: The Owner reserves the right to 'Award a Contract' to the qualified Contractor , submitting the lowest bid within the funds available for work included in the Total Base Bid in whatever manner is in the Owner's best interest. F. PERIOD OF BID VALIDITY i ACCEPTANCE OF BID 1. BID VALIDITY The undersigned hereby agrees that this BID as described in paragraph "A" shall be valid and firm offerings for the period of forty-five (45) days from closing time for the "Receipt Of Bids." 2. BID ACCEPTANCE Acceptance of Bid: Within forty-five (45) days after the opening of Form Of Proposal, the City will act either to accept the Proposal from the lowest responsive, responsible Bidder, or to reject all Bids. The City reserves the right to request extensions of such Bid acceptance period. The acceptance of a Bid will be evidenced by<a written Notice of Intent to Award Contract to the Bidder whose Bid is under consideration for acceptance, together with a request to furnish a bond, evidence of insurance to execute the agreement set forth in the Contract Documents, and other designated documents. G. EXECUTION OF CONTRACT 1. If written "Notice of Intent to Award Contract" is mailed, telegraphed, facsimile, or delivered to the undersigned within the "period of Bid Validity" noted above, or any time thereafter before this Bid is withdrawn, the undersigned will, within ten (10) days after the date of such notification, execute a Contract in the form of the AIA Document A101 "STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR- STIPULATED SUM", 1997 edition. 2. If the business is a Corporation, name of the corporation should be listed in full and both President and Secretary must sign the contract, OR if one signature is permitted by Corporation by-laws, a copy of the by-laws shall be furnished to the City and made a part of the contract document. If the business is a partnership, Page 4 of 7 THOMAS TEASDALE PARK BID FORM SECTION 00310 „r, full name of each partner should be listed, followed by d/b/a (doing business as) and firm or trade name; any one,partner may sign the contract. If business is an Individual Proprietorship, the name of the owner should appear,followed by d/b/a and the name of company. �r ow w as WX ow wr Page 5 of 7 THOMAS TEASDALE PARK BID FORM SECTION 00310 F. TIME FOR COMPLETION r 1. The undersigned hereby agrees to "FINAL COMPLETION"of all Work outlined in the Contract Documents within ninety (90) calendar days after receipt of Notice to Proceed. G. LIQUIDATED DAMAGES 1. If the Contractor fails to complete the Work by the FINAL COMPLETION DATE (or such extension of that date which might be granted by the Owner), he agrees to abide by all provisions of the Contract including Section 01700— Project + Administration and Closeout. In addition, Liquidated Damages in the amount of Five Hundred Dollars ($500.00) will be assessed for each calendar day that the Contractor exceeds the "FINAL COMPLETION DATE." Wi H. ADDENDUM'RECEIPT ww 1. Receipt of the following "ADDENDA"to the CONTRACT DOCUMENTS is acknowledged: Addendum No. Date Addendum No. Date Addendum No. Date I. EXECUTION OF PROPOSAL Name of Firm State License Registration No. Address ri City State Zip Code Telephone ( ) FAX f ) The undersigned designates the above as the firm and address to which "NOTICE OF CONTRACT AWARD" may be mailed, hand delivered or delivered via facsimile. NOTE: If a Bidder is a corporation, write state of incorporation; and if a partnership, give full names and addresses of all partners below: The undersigned certifies that the above is a firm and valid BID to accomplish all Work at and comply with all requirements of the Contract Documents. Page 6of7 THOMAS TEAS'!DALE PARK BID FORM SECTION 00310 Date Signature Signed Printed Title wr J. ENCLOSURES PROVIDED BY CONTRACTOR r The Contractor shall provide the following enclosure with this Form of Proposal: 1. Non-Collusion Affidavit (located in this Specification Section 00400). 2. Assignment of Antitrust Claims to 'Purchaser (located in this Specification Section 00400). 3. Minimum Wage Affidavit Form, (located in this Specification Section 00400). 4. Statement of Bidder's Qualifications (located in this Specification Section 00420). 5. Bid Bond Form, (located in this'Specification Section 00500). END OF BID»FORM ..r w. W4 M up Page 7 of 7 THOMAS TEASDALE PARK NON-COLLUSION AFFIDAVIT/MINIMUM WAGE FORM SECTION 00400 NON-COLLUSION AFFIDAVIT Being duly sworn, deposes and says, that he is the identical person who submitted the forgoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on 'behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by>collusion to secure to himself or to any other person any advantage over the other Bidder or Bidders. wr 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. Therefore, vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM 1, 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 1 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. rrr FOR: NON-COLLUSION AFFIDAVIT,ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT: THOMAS TEASDALE PARK—IRRIGATION AND PLAYFIELD IMPROVEMENTS Name of Bidder's,Firm Signature of Authorized Representative of Bidder Subscribed and sworn to before>.me on this day of 2008. Notary Public in and for the State of Washington Residing at: END OF SECTION 00400 ,,,r PAGE 1 Vn THOMAS TEASDALE PARK STATEMENT OF BIDDER'S QUALIFICATIONS SECTI'O'N'00420 STATEMENT OF BIDDERS QUALIFICATIONS r Name of Contractor..................................._..............._,..,....._................................................................. Address: ................................................................................................................................................ PhoneNumber: ................................................. Fax : ........................................................ Washington State Department of-Labor and Industries Workmen's Compensation Account No.. ..........................................................................................._............................................ O; Washington State Department of Licenses Contractor's Registration No.: ... ............................................................................................................................................................ Expiration Date: ......................... Number of years the contractor has been engaged in the construction business under the present firm name indicated:................................... Gross dollar amount of work under contract: ......... . ................................................................. Gross dollar amount of contracts not completed: Type of work generally performed by contractor: List of five public projects of a similar nature which have been completed by the contractor within the last five years and the gross dollar amount of each project: Bid Contact & Year Project Name Agency Phone No. Completed Amount .....I........... 00420 PAGE 1 THOMAS TEAS'DALE PARK STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 List of major pieces of equipment which are owned by the Contractor and which will be available and required for use on this;project: ................................................................................................................................................ ................................................................................ ............................................................. Bank References: ..........................................................................................._.................................................... r Have you changed bonding companies within the last three years................................................... If so, why? (Optional): ................................................................................... Have you ever sued or been sued by the client on any public works contract for a special ' district, municipality, county, or state government? ....................................................................................................... Who? .............................................................................................................. For what reason: ........................................................................................................................................... ......................................................................................................................... ................................................................................................................................................. Disposition of case, if settled: ................................................................................ Name of Superintendent to be used on the project and how long with your + " company:................................................................................................................................ 00420 PAGE 2 THOMAS TEASDALE PARK STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 �r Bidder: ........................................... .................. ........ ................. (Printed Name of Bidder) By: ....................................... . ......................................................I......................... (Signature of Authorized Official) Title: END OF SECTION r wr w w 00420 ■ PAGE 3 THOMAS TEASDALE PARK BID BOND FORM SECTION 00500 Herewith find deposit in the form of a certified check, cashier's check, cash, or bid bond in the amount of$ , which amount is not<less than five percent of the total bid. Sign here: �. Know All Men by These Presents: That we, as Principal, and as Surety, are held and firmly bound until the City of Renton, as Obligee, in the penal Burn 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 rrr 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 , 20_ Principal ■r Surety Received return of deposit in the sum of$ END OF SECTION 00500 ,,,,, PAGE 1 THOMAS TEASDALE PARK GENERAL CONDITIONS SECTION 00705 �.r 1. GENERAL CONDITIONS OF THE CONTRACT .� A. STANDARD FORM The General Conditions of the Contract for Construction, AIA Document A201 as referenced and as follows, Articles 1 through 14 inclusive. They are included as part of the contract. The Contractor and all subcontractors shall read and be governed by them, with enclosed "Supplementary General Conditions" in 'Section 00800 and "Modifications to General Conditions" in Section 00810. END OF SECTION "GENERAL CONDITIONS of the CONTRACT for CONSTRUCTION", PAGES 1-39 FOLLOW THIS SECTION r .w an No to 00705 PAGE 1 to rr a Document A201 TM - 2007 000al Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) ADDITIONS AND DELETIONS: Teasdale 2 The author of this document has added information needed for its completion.The author may also THE OWNER: have revised the text of the original (Name and address) AIA standard form.An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available rr� THE:ARCHITECT: from the author and should be (Name and address) reviewed.A vertical line in the left margin of this document indicates where the author has added rlr necessary information and where TABLE OF'ARTICIES the author has added to or deleted from the original AIA text. 1 GENERAL PROVISIONS This document has important legal rrr consequences.Consultation with an 2 QWNER attorney is encouraged with respect to its completion or modification. rr 3 CONTRACTOR 4? ARCHITECT 5' SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS +� 7 CHANGES IN THE WORK?> 8' TIME rr 9 PAYMENTS AND COMPLETION 10' PROTECTION OF PERSONS AND PROPERTY �Ir 1.1 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK my 13 MISCELLANEOUS PROVISIONS r 14 TERMINATION OR SUSPENSION OF THE CONTRACT 1S CLAIMS AND DISPUTES Init. AIA Document A201TM-2007.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1870,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. yr 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 13:50:39 on 04/30/2008 under Order No.1000347448_I which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) i INDEX Architect's Additional Services and Expenses (Numbers and Topics in Bold are Section Headings) 2.4.1,11.3.1.1, 12.2.1,13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3,4.2,3.7.4, 15.2,9.4.1,9.5 Acceptance of Nonconforming Work Architect's Approvals 9.6.6,9.9.3,12.3 2.4.1,3.1.3,3.5.1,3.10.2,4.2.7 Acceptance of Work Architect's Authority to Reject Work 9.6,6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 3.5.1,4.2.6, 12.1.2, 12.2.1 Access to Work Architect's Copyright 3.16,6.2.1, 12,1 1.1.7, 1.5 Accident Prevention Architect's Decisions 10 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14, Acts and Clxnissions 6.3.1,7.3.7,7.3.9,8.1.3,8.3.1,9,2.1,9.4.1,9.5,9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 1042.8,'43:4,.2,133A,14.1,,15.2 Architect's Inspections Addenda 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 1.11,3.11.1 Architect's Instructions Additional Costs,Claims for 3.2.4,3.3.1,4.2.6,4.2.7, 13.5.2 3.7.4,3;7.5,61.1,73.7.5, 1`03, 15.1.4 Architect's Interpretations 16 Additional Inspections and Testing 4.2.11,4.2.12 9,4.2,9.8.3, 12.2.1,13:5"' Architect's Project Representative Additional Insured 4.2.10 14.1.4 Architect's Relationship with Contractor Additional 11me Claims for 1.1.2, 1.5,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2,3.5.1, 3;24,3.7;4,3.7.5;3.10.2,''8.3.2,;;15.1.5 3.7.4,3.7.5,3.9.2,3.9.3,3.10,3,11,3.12,3.16,3.18, Administration of the Contract 4.1.2,4.1.3,4.2,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4,'9.5, nit 3.1.3,4.2 9.4,9.5 9.7,9.8,9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2,13.5, Advertisement or Invitation to Bid 15.2 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, 11.3.7 4..2.13 Architect's Representations Allowances 9.4.2,9.5.1,9.10.1 31,7'.18 Architect's Site Visits No All-risk Insurancr" 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 11.3.1, 1 T.3.1.1 Asbestos Applications for Payment 10.3.1 4.2.5,7.3.9,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.10, Attorneys'Fees 0111111111 11.1.3 3.18.1,9.10.2, 10.3.3 Approvals Award of Separate Contracts 2.1.1,2.2.2,2.4,113,3.10.2,3.12.8,3.12.9,3.12.10, 6.11,6.1.2 4.2.7,9.3.2, 13.5.1 Award of Subcontracts and Other'Contracts for Ira Arbitration Portions of the Work 8.3.1, 11;3.10, 13.1.1, 15.3.2,15.4 5.2 ARCHITECT Basic Definitions 4 1.1 Architect,Definition of Bidding Requirements 4.1.1 1.1.1,5.2.1, 11.4.1 Architect,Extent of Authority Binding Dispute Resolution t 2.4.1,3.12.7,4.1 4.2,5.2,6.3.1,7.1.2,7.3.7,7.4, 9.7.1, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1,15.3.1, 9,2.1,93.1,9.4,9.5,9.6.3,9.8,9.10.1,9.10.3, 12.1, 15.3.2, 15.4.1 12.2.1, 13.5.1, 13,.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Boiler and Machinery Insurance Architect,Limitations of Authority and 11.3.2 Responsibility Bonds,Lien 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2, 7.3.7.4,9.10.2,9.10.3 4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4.1, Bonds,Performance,and Payment 9.4.2,9.5.3,9.6.4, 15.1.3, 15.2 7.3.7.4,9.6.7,9.10.3, 11.3.9,11.4 (nit. AIA Document A201TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.copyright Law and international Treaties. 2 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_I which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) Building Permit Completion,Substantial 3.3.111, 4.2.9,8.1.1,8.1.3,8.2.3,'9.4.2,9.8,9.9.1,'9.10.3,1. C00itozation 12.2, 13.7 1.3 Compliance with Laws Certificate of Substantial Completion 1.6.1,3.2.3,3.6,3.7,3.12.10,3.13,4.1.1,9.6.4, 9.8.3,9,8.4,9.8.5 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, Certificates for Payment 14.1.1, 14.2.11.3, 15.2.8, 15.4.2, 15.4.3 4.2A.,4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1, Concealed or Unknown Conditions 9.10.1,'9.10.3, 14.1.1.3,14.2.4, 15.1,3 3.7.4,4.2.8,8.3.1, 10.3 Certificates of Inspection,Testing or Approval Conditions of the Contract 13.5.4 1.1.1,6.1.1,6.1.4 rr� Certificates.of Insurance Consent,Written 9:1.0.2,"11 13: 3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2,9.8.5,9.9.1, Change Orders 9.10.2,9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 1.1.1,24.1,3-4.2,3.7.4'.13.8..2.3,3.11.1,3.12.8,4.2.8, Consolidation or Joinder No 5.2.3,7.1,2,7.1.3,7.2,7.3.21 7.3.6,7.3.9,7.3.10, 15.4.4 8.3.1,9.3.1.1,9.1.0.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, CONSTRUCTION BY OWNER OR BY 12.12, 151.3 SEPARATE CONTRACTORS Change Orders„Definition of 1.1.4,6 rrr 7.2.1 Construction Change Directive,Definition of CHANGES IN THE WORK. 7.3.1 2.2.1,3.IL,4.2.8,7,7.2:1,7.3,1,7.4,7.4.1,8.3.1, Construction Change Directives 9;3.1.1,11,3.9 1.1.1,3.4.2,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3,7.3, Claims,Definition of 9.3.1.1 15.1:1 Construction Schedules,Contractor's CLAIM AND DISPUTES 3.10,3.12.1,3.12.2,6.1.3, 15.1.5.2 r1r 3.2.4,6.1.1,6.3.1,73.9,9.3.3,9.10.4, 10.3.3,15, Contingent Assignment of Subcontracts 15.4 5.4, 14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance 15.411 15.1.3 ' Claims for Additional Cosh Contract,Definition of 3.2.4,33..4,6.1.1;7.3.9,10.3.2,15.1A, 1.1.2 Claims for Additional Time CONTRACT,TERMINATION OR 12.4,3.7,46J.1,8.12, 10.3.2,15;'.1,5. SUSPENSION OF THE Concealed or Unknown Conditions;Claims for 5.4.1.1, 11.3.9,14 3.7.4 Contract Administration Claims for Damages 3.1.3,4,9.4,9.5 3.2.4,3.18,6.1.1,8.3.3,9:5.1,9.6:7, 10.3.3, 11.1.1, Contract Award and Execution,Conditions Relating 11.3.5, 11;3.7, 14.1.3, 14.2.4, 15.1;.6 to Claims Subject to Arbitration 3.7.1,3.10,5.2,6.1, 11.1.3, 11.3.6, 11.4.1 153.1, 15.4.1 Contract Documents,The +wr Cleaning Up 1.1.1 3.15,6.3 Contract Documents,Copies Furnished and Use of Commencement of the Work,Conditions Relating to 1.5.2,2.2.5,5.3 2:2.1,3.2.2,3.4.1,,17.1,3.10.1,3.12.6,5.2.1,5.2.3, Contract Documents,Definition of 6.2.2,8.1.2,8:22;8.3.1,,11.1, 11.3.1, 11.3.6, 11.4.1, 15.1.4 Contract Sum Commencement of the Work,Definition of 3.7.4,3.8,5.2.3,7.2,7.3,7.4,9.1,9.4.2,9.5.1.4, +rr 81.2 9.6.7,9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, Communications Facilitating Contract 15.2.5 Administration Contract Sum,Definition of 3.9.1,42.4 9.1 r Completion,Conditions Relating to Contract Time 3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8,9.9.1, 3.7.4,3.7.5,3.10.2,5.2.3,7.2.1.3,7.3.1,7.3.5,7.4, 9.10, 12.2, 13.7,14.1.2 8.1.1,8.2.1,8.3.1,9.5.1,9.7.1,10.3.2, 12.1.1, 14.3.2, �r COMPLETION,PAYMENTS AND 15.1.5.1, 15.2.5 9 Contract Time,Definition of Init. AlA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AI0 Document is protected by U.S.Copyright Law and International Treaties. 3 rr�r 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 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) Y111 8.1.1 Costs t CONTRACTOR 2.4.1,3.2.4,3.7;3,3.8.2,3.15.2,5.4.2,6.1.1,6.2.3, 3 7.3.3.3,7.3.7,7.3.8,7.3.9,9.10.2, 10.3.2, 10.3.6, Contractor,Definition of 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 3.1,61-1 Cutting and Patching Contractor's Construction'Schedules 3.14,6.2.5 3.10,3:12.1,3.12.2,6.1.3, 15.1.5.2 Damage to Construction of Owner or Separate Contractor's Employees Contractors 3.3.2,3.4.3,3.8.1,3.9,118.2,4.2.3,4.2.6, 10.2, 10.3, 3.14.2,6.2.4, 10.2.1.2, 10.2.5, 10.4,11.1.1, 11.3, 1111.1, 11.3.7, 14.1, 14.2:1.1, 12.2.4 Contractor's Liability—Insurance Damage to the Work 11..1 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4 to Contractor's Relationship with Separate Contractors Damages,Claims for and Owner's Farces 3.2.4,3.18,6.1.1, 8.3.3,9.5.1,`9.6.7,10.3.3, 11.1.1, 3.22.5,3:24.2,4.2.4,6; 1!3.17,12.1.2, 12.2.4 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Contractor's Relationship with Subcontractors Damages for Delay at 3184,:118.2,5;9:6.2,9.6.7,9.10.2, 6.1.1,8.3.3,9.5.1.6,9.7, 10.3.2 Date of Commencement of the Work,Definition of Contractor's Relationship w>tti the Architect 8.1.2 1,22,1.5;3.1,3: 13, Date of Substantial Completion,Definition of 33.4,3.10,3.12,`3.12;116,3.:18,4.1.3,4.2,5.2, 8.1.3 6.2.2,7,81311,9.2,9.3,914,9.5,9.7,9.8,9.9, 10.2.6, Day,Definition of -10.3, 11.3.7, 12,13.5, 15.1.2, 15::2.1 8.1.4 Contractor's Representations Decisions of the Architect 3.2.1,3.2.2,3.5.1,3.12.6;6.2.2,8.2.1,9.3.3,9.8.2 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 15.2,6.3, Contractor's Responsibility for Those Performing the 7.3.7,7.3.9,8.1.3,8.3.1,9.2.1,9.4,9.5.1,9.8.4,9.9.1, Work 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 3.3.2,3.18,5.3.1,6.1.3,6.2,95.1, 10.2.8 Decisions to Withhold Certification Contractor's Review of Contract Documents 9.4.1,9.5,9.7, 14.1.1.3 3.2 Defective or Nonconforming Work,Acceptance, Contractor's Right to Stop the Work Rejection and Correction of 93 2.3.1,2.4.1,3.5.1,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6, Contractor's Right to Terminate the:Contract 9.8.2,9.9.3,9.10.4, 12.2.1 14.1, 15.1,6 Defective Work,Definition of Contractor's Submittals 3.5.1 3.10,3.11,3.12.4,422.7,5.2.1,5.2.3,9.2,9.3,9.8.2, Definitions 9133,9.9:1,9.10.2,9.10.3, 11.1:3, 12.4.2 1.1,2.1.1,3.1.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, Contractor's Superintendent 15.1.1,5.1,6.1.2,7.2.1,7.3.1,8.1,9.1,9.8.1 319, 1016 Delays and Extensions of Time Contractor's Supervision and Construction 3.2.,3.7.4,5.2.3,7.2.1,7.3.1,7.4.1,8.3,9.5.1,9.7.1, Procedures 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 1A 1.2.2,3.3,3.4,3.12.10,4.2.2;4.2.7,6.1.3,6.2.4, Disputes 7.1.3,7.3.5,7.3.7,8.2,10, 12,14; 15.1.3 6.3.1,7.3.9, 15.1, 15.2 Contractual Liability Insurance Documents and Samples at the Site 11.1.1.8, 11.2 3.11 Coordination and Correlation Drawings,Definition of 1.2,3.2.1,3.3.1,3.10,3.12.6,6.1.3,6.2.1 1.1.5 Copies Furnished of Drawings and Specifications Drawings and Specifications,Use and Ownership of 1.5,2.2,5,3.11 3.11 11111111 Copyrights Effective Date of Insurance 15;3.17 8.2.2, 11.1.2 Correction of Work Emergencies 2.3,2.4,3173,9.4.2,9.8.2,'9.8.3,9.9.1, 12.1.2,12.2 10.4,14.1.1.2, 15.1.4 Correlation and Intent of the Contract Documents Employees,Contractor's 1.2 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, Cost,Definition of 10.3.3,11.1.1, 11.3.7, 14.1, 14.2.1.1 ■ 7.3.7 Equipment,Labor,Materials or Init. AIA Document A201TM-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 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 13:50:39 on 04/30/2008 under Order No.1'000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) 1.1.3,1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13.1, Insurance 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3, 3.18.1,6.1,1,7.3.7,9.3.2,9.8.4,9.9.1,9.10.2,11 9.5.1.3,.9:10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Insurance,Boiler and Machinery Execution and Progress of the Work 11.3.2 1,1.3,1.2.1,1.2.2,2.2.3,2.2.5,3.1,3.3.1,3.4.1,3.5.1., Insurance,Contractor's Liability 3.7.1,3„10.1,3.12,3.14,4.2,6.2.2,7.1.3,7.3.5,8.2, 11.1 915.1,9.9.1,10.2, 10.3,12.2, 14.2, 14.3.1, 15.1.3 Insurance,Effective Date of Extensions of Time 8.2.2, 11.1.2 WIr_ 3.2.4,3.7.4,5.2.3,7.2.1,7.3,7.4.1,9.5.1,9.7.1, Insurance,Loss of Use 10.3.2,"10.4.1, 14.3, 151.5,15.2.5 11.3.3 Failure of Payment I Insurance,Owner's.Liability 9.5.1.3,9.7,9.10.2, 113.-6 14.1.1:3,14.2.1.2 11.2 Faulty Work Insurance,Property (See Defeiuuerr Nonconforming Work) 10.2.5,113 W Completion:and final Payment Insurance,Stored Materials 911;1.1.1.2,;11.1.3,11.3.1, 11.3.5, 9.3.2, 11.4.1.4 12.3.1, 14.2.4; 14.4 3 INSURANCE AND BONDS Financial Arrangements,Owner's 11 2.2.1,13.2.2,14:1.1.4 Insurance Companies,Consent to Partial Occupancy rr Fire and Extended Coverage Insurance 9.9-1, 11.4.1.5 11.31.1 Insurance Companies,Settlement with GENERAL PROVISIONS 11.4.10 1 Intent of the Contract Documents Governing Law 1.2.1,4.2.7,4.2.12,4.2.13,7.4 13.1 Interest Guarantees(See Warranty) 13.6 nr Hazardous Materials Interpretation 101.4,10.3 1.2.3,1.4,4.1.1,5.1,6.1.2, 15.1.1 Identification of Subcontractors and Suppliers Interpretations,Written 5.2,1 4.2.11,4.2.12, 15.1.4 wt' Indemnification Judgment on Final Award 3.17.1,3.18,9.10.2, 10.3.3, 10.3.5, 10.3.6,11.3.1.2, 15.4.2 11.3.1 Labor and Materials,Equipment Information:and Services Required.o#the Owner 1.1.3,1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, +Ir 2.1.2,2.2,8:,,2.2,3.1,,2,:4,3.112.1-0,6:1:3;6.1.4,6.2.5, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,'9.3.3,9.5.1.3, 9:6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2.1,11.4, 13.5.1, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 115.2,14.1.1.4, 14.1.4, 15.13 Labor Disputes Initial Decision 8.3.1 15:2 Laws and Regulations Initial Decision Maker,Definition of 1.5,3.2.3,3,6,3.7,3.12.10,3.13.1,4.1.1,9.6.4,9.9.1, 1.1.8 10.2.2, 11.1.1, 11.3, 13.1.1,13.4, 13.5.1, 13.5.2, rir Initial Decision Maker,Decisions 13.6.1, 14, 15.2.8, 15.4 1422, 14.2.4, 15.2.1, 15.2;2, 15.2.3, 15.14, 15.2.5 Liens Initial Decision Maker,Extent of Authority 2.1.2,9.3.3,9.10.2,9.10.4,15.2.8 14.2.2, 14.24, 15.13, 15.2.1,15.2.2, 15.2.3, 15.2.4, Limitations,Statutes of 15..2.5 12.2.5, 13.7,15.4.1.1 Nury or Damage to Person or Property Limitations of Liability 10.2.8, 10.4.1 2.3.1,3.2.2,3.5;1,3.12.10,3.17.1,3.18.1,4.2.6, Inspections 4.2.7,4.2.12,;,6.2.2,9.4.2,9.6.4,9.6.7, 10.2.5, 10.3.3, 3:1.3,3.33 3.71,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3, 11.1.2,11.2.1, 11.3.7, 12.2.5, 13.4.2 9.9.2,9",10:'1,12.2.1, 13.5 Limitations of Time Instructions to Bidders 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3,12.5,3.15.1,4.2.7, iurr 1.1•1 5.2,5,3.1,5.4.1,6.2.4,7.3,7.4,8.2,9.2.1,9.3.1, Instructions to the Contractor 9.3.3,9.4.1,9.5,9.6,9.7.1,9.8,9.9,'9.10, 11.1.3, 3.2.4,3.3.1,3.8.1,5.2.1,7,8.2.2, 12, 13.5.2 11.3.1.5,11.3.6,11.3.10, 12.2,13.5, 13.7, 14, 15 Instruments of Service,Definition of Loss of Use Insurance 1.1.7 11.33 Init. AIA Document A201TM-2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and international Treaties. Unauthorized reproduction or distribution of this A10 Document,or anyportion of it,may result in severe civil and criminal penalties,and will be 5 sfe ( prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_I which expires on 3/1112009,and is not for resale. User Notes: (4081387439) 60 Material Suppliers 2.1.2,2.2,3.2.2,3.12.10,6.1.3,6,1;4,6.2.5,9.3.2, 1.5,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,'9.10.5 9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2.1, 11.3, 13.5.1, Materials,Hazardous 13.5.2,14.1.1.4, 14.1.4, 15.1.3 M2.4,f0-3 Owner's Authority Materials,Labor,Equipment and 1.5,2.1.1,2.3.1,2.4.1,3.4.2,3.8.1,3.12.10,3.14.2, 1.1.3, 1.1.6, 1.5.1,3.4.1„3.5.1,3.8.2,3.8.3,3.12, 4.1.2,4.1.3,4.2.4,4.2.9,5.2.1,5.2.4,5.4.1,6.1,6.3.1, 3.13.1,3.15.1,4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2, 7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2,9.5.1,9.6.4, 9.3.3,9.5.1.3,9.10.2, 10.2.1.2,10.2.4, 14.2.1.1, 9.9.1,9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10,12.2.2, 14.2.1.2 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 Means,Methods,Techniques,Sequences and Owner's Financial Capability Procedures of Construction 2.2.1, 13.2.2, 14,1.1.4 33.1,3.12.10,4.2.2,4.2,7,9.4.2 Owner's Liability Insurance Mechanic's Lien 11.2 2.1.2, 15,2.8 Owner's Loss of Use Insurance Mediation 11.3.3 8.3.1, 10.3.5,103.6, 15.2.1, 15.2.5, 15.2.6,15.3, Owner's Relationship with Subcontractors wd 15.4.1 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 Minor.Changes;n the Work Owner's Right to Carry Out the Work 1, 4 2.4, 14.2.2 MJSClJLLANEOUS PROVISIONS Owner's Right to Clean Up 6.3 Modifications,Definition of Owner's Right to Perform Construction and to 1.1:1 Award Separate Contracts so Modifications to the Contract 6.1 1.1.1, 1:1.2,3.11,4.1.2,4:2.1,5.2.3,7,8.3.1,9.7.1, Owner's Right to Stop the Work 10.3.2, 11.3.1 2.3 Mutual Responsibility Owner's Right to Suspend the Work so 6.2 14.3 Nonconforming Work,Acceptance of Owner's Right to Terminate the Contract 9:6.6,9.9.3,12.3 14.2 Nonconforming Work,Rejection and Correction of Ownership and Use of Drawings,Specifications 2.3.1,2.4.1,3.5.1;4.2.6;6.2:4,9.5.1,9.8.2,9.9.3, and Other Instruments of Service 9.10.4, 12;2.1 1.1.1, 1.1.6, 1.1.7,1.5,2.2.5,3.2.2,3.11.1,3.17.1, Notice 4.2.12,5,3.1 2.2.1,2.3.1,2.4.1;3.2.4,3.3.1,3.7.2,3.12.9,5.2.1, Partial Occupancy or Use 9.7.1,9,10,10.2.2, 11.1.3, 11.4.6, 12.2.2.1, 13.3, 9.6.6,9.9, 11.3.1.5 13.5.1,13,.5.2, 14.1, 14.2, 15.18, 15.4.1 Patching,Cutting and Notice;Written 3.14,6.2.5 13.1,24:1,3.3.1,3.9.2,3:12.94 3;12.10,5.2.1,9.7.1, Patents 9:10,10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1,13.3, 14, 3.17 15.2.8,';15.4.1 Payment,Applications for Notice of Claims 4.2.5,7.3.9,9.2.1,9.3,9.4,9.5,9.6.3,9.7.1,9.8.5, rrr 3.7.4,4.5, 10.2.8,15-1-2,15.4 9.10.1,14.2.3, 14.24, 14.4.3 Notice of Testing and Inspections Payment,Certificates for 13.5.1, 13.5.2 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, Observations,Contractor's 9.10.3, 13.7, 14.1.1.3, 14.2.4 3.2;3.7.4 Payment,Failure of Occupancy 9.5.1.3,9.7,9.10.2, 13.6, 14.1.1.3, 14.2.1.2 2.2.2,9.6.6,9.8,11.3.1.5 Payment,Final Orders,Written 4.2.1,4.2.9,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 1.1.1.,2.3,3.9.2,7,8.2.2, 11.3.9, 12.1, 12.2.2.1, 12.3.1, 13.7, 14.2.4, 14.4.3 13.5.2, 14..3.1 Payment Bond,Performance Bond and OWNER 7.3.7.4,9.6.7,9.10.3, 11.4.9,11.4 2 Payments,Progress Owner,Definition of 9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3, 15.1.3 2.11 PAYMENTS AND COMPLETION Owner,Information and Services Required of the 9 Init. AIA Document A201TM—2007.Copyright'©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 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 AIAO Document,or any portion of It,may result in severe civil and criminal penalties,and will be 6 10 / prosecuted to the maximum extent possible under the low. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) IN am Payments to Subcontractors Rights and Remedies 5.4.2,9.5.1.3,'9.6.2,9.6.3,9.6.4,9.6.7, 11.4.8, 1.1.2,2.3,2.4,3.5.1,3.7.4,3.15.2,4.2.6,4.5,5.3,5.4, 14;2.1.2 6.1,6.3,7.3.1,8.3,.9.5.1,'9.7, 10.2.5, 10.3, 12.2.2, PCB 12.2.4,13.4, 14, 15.4 10.3.1 Royalties,Patents and Copyrights Performance Bond and Payment Bond 3.17 9.6.7,9.10.3, 11.4.9,11.4 Rules and Notices for Arbitration Permits,Fees,Notices and Compliance with Laws 15.4.1 i m 2.2.,2,3.7,3.13,7.3.7.4, 10.2.2 Safety of Persons and Property PERSONS AND PROPERTY,PROTECTION 10.2,10.4 OF Safety Precautions and Programs 10 3.3.1,4.2.2,4.2.7,5.3.1,10.1, 10.2, 10.4 Polychlorinated Bip*yl Samples,Definition of 10:31 3.12.3 Product Data,Definition of Samples,Shop Drawings,Product Data and 3.12.2 3.11,3.12,4:2.7 Product.-Data and.Sampies;01op Drawings Samples at the Site,Documents and 3.11,3:U;`4.2,7 3.11 Progress and Cprnplet1i>n Schedule of Values �,. 4.2.2,8.2 9;,8,9-9.1,14.1.4, 15.1.3 9.2,9.3.1 Progress Payments Schedules,Construction 93,9:6,9.85,9.10,3, 13.6, 14.2:3,15.1.3 1.4.1.2,3.10,3.12.1,3.12.2,6.1.3,15.1.5.2 Project,Definition of the Separate Contracts and Contractors 14.4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,6,8.3.1, 11.4.7, Project Representatives 12.1.2 4.2.10 Shop Drawings,Definition of Property ilisuranee 3.12.1 ` 10;2.5,11;3 Shop Drawings,Product Data and Samples PROTECTION OP PERSONS AND PROPERTY 3.11,3.12,4.2.7 10> Site,Use of Regulations and Laws 3.13,6.1.1,6.2.1 1:5 3.2.3,3 6,3:7,'3.-12.10,3.13,4.1.1,9.6.4,9.9.1, Site Inspections 10.2.2, 11:1, 11,.4,13.1,13.4, 115j"13.5:2, 13.6, 14, 3.2.2,3.3.3,3.7.1,3.7.4,4.2,9.4.2,9.10.1, 13.5 15.2.8, 15.4 Site Visits,Architect's �.. Rejection of Work 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 Special Inspections and Testing Releases and Waivers of Liens 4.2.6, 12.2.1, 13.5 9.10.2 Specifications,Definition of the "� Representations 1.1.6 3,2,':.1,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1, Specifications,The 9.82,9.10.1 1.1. 1.2.2, 1.5,3.11,3.12.10,3.17,4.2.14 Representatives Statute of Limitations 2.1.1„3.1.1,3.9,4.1.1,4.2.1,4.2.2,4.2.10,5.1.1, 13.7, 15.4.1.1 5.1.2, 13.2.1 Stopping the Work Responsibility for Those Performing the Work 2.3,9.7, 10.3,14.1. + 3.3;2,3.18,4.2.3,5.3.1,6.1.3,6.2,6.3,9.5.1,10 Stored Materials Retainage 6.2.1,9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 Subcontractor,Definition of Review of Contract Documents and Field 5.1.1 Codditf4ns by'Contractor SUBCONTRACTORS 3:2 3.12.7}>6.X.3 5 Review of Contractor's Submittals by Owner and Subcontractors,Work by Architect 1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2, 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 9.6.7 Review of Shop Drawings,Product Data and Subcontractual'Relations Samples by Contractor 5.3,5.4,9.3.1.2,9.6,9.10, 10.2.1, 11.4.7, 11.4.8, r. 3.12 14.1, 14.2.1 AIA Document A201TM-2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The Init. 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 7 aw / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081367439) rr Submittals 3,1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, �p 3.1Q,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.7,9.2,'9.3, 9.10.1, 10.3.2, 11,4.1.1, 12.2.1,13.5 9.8;9.9..1,9.10.2,9.10.3, 11.1.3 TIME S*r ice;Schedule g 3.10.2,4312.5,4.2.7 Time,Delays and Extensions of ad Subrogation,Waivers of 3.2.4,3.7.4,5.2.3,7.2.1,7.3.1,7.4.1,8.3,9.5.1,9.7.1, 6.1.1,11.4.5,11.3.7 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Substantial Completion Time Limits 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2, 112,13.7 4.4,4.5,5.2,5.3,5.4,6.2.4,7.3,7.4,8.2,9.2,9.3.1, Substantial Completion,Definition of 9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, 11.1.3, 98.1 - 11.4.1.5, 11.4.6, 11.4.10, 12.2,'13.5, 13.7, 14,'15.1.2, Substitution of Subcontractors 15.4 5.2:3,5.2 4 Time Limits on Claims Substitution of Architect 3.7.4, 10.2.8,13.7, 15.1.2 4.1.3 Title to Work iF Substitutions of Materials 9.3.2,9.3.3 3.4.2,3.5,1,7.3.8 Transmission of Data in Digital Form Sub-subcontractor,Definition of 1.6 5.1.2 UNCOVERING AND CORRECTION OF Subsurface Conditions WORK 3.7.4 12 successors and assigns Uncovering of Work 13.2 12.1 Superintendent Unforeseen Conditions,Concealed or Unknown 3.9,102.-6 3.7.4,8.3.1, 10.3 Supervision and Construction Procedures Unit Prices 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4, 7.3.3.2,7.3.4 7.1.3,7*3.7':8.2,8.3.11 9!.4.2, 10, 12, 14, 15.1.3 Use of Documents Surety 1.1.1,1.5,2.2.5,3.12.6,5,3 54.1.2;9.8.5,9.10.2,9.10.3, 14.2.2, 15.2.7 Use of Site r Surety,Consent of 3.13,6.1.1,6.2.1 9.10:2,9.10.3' ' Values,Schedule of Surveys 9.2,9.3.1 2.2.3 Waiver of Claims by the Architect Suspension by the Owner for Convenience 13.4.2 143, Waiver of Claims by the Contractor Suspension of the Work 9.10.5, 11.4.7, 13.4.2, 15.1.6 5.4.2, 14.3 Waiver of Claims by the Owner Suspension or Termination of the Contract 9.9.3,9.10.3,9.10.4, 11.4.3, 11.4.5, 11.4.7, 12.2.2.1, 5.4.1. ; 11.4,9, 14 13.4.2, 14.2.4, 15.1.6 Taxes Waiver of Consequential Damages at 3.6,3.8.2.1,7.3.7.4 14.2.4, 15.1.6 Termination by the Contractor Waiver of Liens 14.1, 15.116 9.10.2,9.10.4 Termination by the Owner for Cause Waivers of Subrogation 5.4.1.1,14.2,15.1.6 6.1.1, 11.4.5,11.3.7 Termination by the Owner for Convenience Warranty 14.4 3.5,4.2.9,9.3.3,9.8.4,9.9.1,9.10.4,12.2.2,13.7.1 Termination of the Architect Weather Delays 4.1.3 15.1.5.2 Termination of the Contractor Work,Definition of 14.2.2 1.1.3 TERMINATION OR SUSPENSION OF THE Written Consent CONTRACT 1.5.2,3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2,9.8.5, 14 9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Tests and Inspections Written Interpretations Init. AIA Document A201 rm-2007.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIO 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 low. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) r rrr 4.2.11,4.2.12 Written Orders Written Notice 1.1.1,2.3,3.9,7,'8.2.2,11.4.9, 12.1, 12.2,13.5.2, 2.3i'2.4,30.1,39,3.12.9,3.12.10,5.2.1,8.2.2,9.7, 14.3.1,15.1.2 9,10j,1-02.2,10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4,13.3, WIN 14, 154.1 r rrr r Awerr r.r MW MW ao so Init. AIA Document A20I Tm—2007.Copyright m 1911,1915,1918,1925,1937,1951,3958,1961,1963,1966,1970,1976,3987,1997'and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIO 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 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) ill ARTICLE 1 GENERAL PROVISIONS §1.1 BASIC DEFINITIONS §1.1.1 THE CONTRACT'!DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor(hereinafter the Agreement)and consist of 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 fora minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include the advertisement or invitation to bid,Instructions to Bidders,sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals,the Contractor's bid or proposal,or portions of Addenda relating to bidding requirements. 1.1.2 THECONTRACT The Contract Docuineiits 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 �rri 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 Contractor and the Architect or the Architect's consultants,(2)between the Owner and a Subcontractor or a Sub-subcontractor,(3)between the Owner and the Architect or the Architect's consultants or(4)between any persons or entities other than the Owner and the 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 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. illlll §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 and by separate contractors. go § 1A.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design,location and dimensions of the Work,generally including.plans,elevations,sections,details,schedules and diagrams. §1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, t equipment,systems,standards and workmanship for the Work,and performance of related services. §1.1.7 INSTRUMENTS"OF SERVICE Instruments of Service are representations,in any medium of expression now known or later developed,of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements.'Instruments of Service may include,without limitation,studies, surveys,models,sketches,drawings,specifications,and other similar materials. §1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified'in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS §1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by aw 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. AIA Document A201Tm—2007.Copyright b 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The Init. 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 AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be j prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) r. §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. §1.21'.11-ttless otherwise stated in the Contract Documents,words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are(1)specifically defined,(2)the titles of numbered articles or(3)the titles of other documents published by the American Institute of Architects. § 1A INTERPRETATION ow Ta the interest of;bre* the Contract Documents frequently omit modifying words such as "a11"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• s not:ittendlyd to affect the interpretation of either statement. go §1-5 OWNERSHIP!AND USE C6 DRAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE §1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and will retain all common law,statutory and Aw other reserved rights,including copyrights.The Contractor,Subcontractors,Sub-subcontractors,and material or equipment suppliers shall:not own or claim a copyright in the Instruments of Service.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'reserved rights. .rlr §1.52 The Contractor,Subcontractors,Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work.All r� copies made under this authorization shall bear the copyright notice,if any,shown on the Instruments of Service. The Contractor,Subcontractors,Sub-subcontractors,and material or equipment suppliers may not use the Instruments of Service 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. §1.6 TRANSMISSION OF DATA IN DIGITAL.FORM If the parties intend.to transmit Instruments of Service or any other information or documentation in digital form, they shatvndeavor to establish necessary protocols governing such transmissions,unless otherwise already provided iti the Agreement or the Contract Documents. ARTICLE:2. OWNER §7.1 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. aw 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. US §2.1.2 The,Owner shall furnish to the Contractor within fifteen days after receipt of a written request,information necessary and relevant for the Contractor to evaluate,give notice of or enforce mechanic's lien rights.Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. §2,21NFORMATION AND SERVICES REQUIRED OF THE OWNER §1 2.2.1 Prior to commencement of the Work,the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.Thereafter,the Contractor may only request such evidence if(1)the Owner fails to make payments to the Contractor as the Contract Documents require;(2)a change in the Work materially changes the Contract Sum;or(3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or rir Init. AIA<Document A201TM—:2007.Copyright®1911,1915,1918,1925,1937 1951,1858,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.copyright Law and International Treaties. Ow Unauthorized reproduction or distribution of this AiA Document,or any portion of it,may result in severe civil and criminal penalties,and will be 1 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) rrr the portion of the Work affected by material change.After the Owner furnishes the evidence,the Owner shall not i materially vary such financial arrangements without prior notice to the Contractor. §2,•2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1,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. §1.2.3 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 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. §23.5 Unless otherwise Provided in the Contract;,Documents,the Owner shall furnish to the Contractor one copy of the Contract Documents fox purposes of making reproductions pursuant to Section 1.5.2. §2.3 OWNEWS RIGHT TO'STOP THE WORK If'the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12,2 or,repeatedly fails to carry out Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity,except to the extent required by Section 6.1.3. §14 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglectwith.diligence and promptness,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 �r shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR §3.1 GENERAL to §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 Contractor shall be lawfully licensed,if required in the jurisdiction Where the Project is located.The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract.The term"Contractor"means the Contractor or the Contractor's authorized representative. §3.12 The Contractor shall perform the Work in accordance with the Contract Documents. t §3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents•either by activities or duties of the Architect in the Architect's administration of the Contract,or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. AIA Document A201TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The Init. American institute of Architects. All rights reserved. WARNING:This AIO 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 12 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) §3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. No §,3.2.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the W. carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner,pursuant to Section 2.2.3,shall take field measurements of any existing err 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 coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor +war shall promptly report to the Architect any errors,inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require.It is recognized that the Contractor's review is trfade in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specift ally provided in the Contract Documents. Contractor is not required to ascertain that the Contract Documents are in accordance with>applicable laws,state#es ord itancesa cod ,rules and regulations,or lawful orders of public authorities,but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a to request for information in'such form as the Architect may require, §12.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the to Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3,the Contraactor shall make Claims as provided in Article 15.If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.23,the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations.If the Contractor performs those obligations,the r Contractor shall not be liable to the Owner or Architect for damages resulting from errors,inconsistencies or omissions in the Contract Documents,for differences between field measurements or conditions and the Contract Documents,or for nonconformities of the Contract Documents to applicable"laws,statutes,ordinances,codes,rules and regulations,and lawful orders of public authorities. §3.3 SUPERVISION AND CONSTRUCTION PROCEDURES §3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for,and have control over,construction means,methods,techniques, sequences and procedures and for coordinating all portions of the Work under the Contract,unless the Contract Documents give other specific instructions concerning these matters.If the Contract Documents give specific instructions concerning construction means,methods,techniques,sequences or procedures,the Contractor shall No evaluate the jobsite safety thereof and,except as stated below,shall be fully and solely responsible for the jobsite safety of such means;methods,techniques,sequences or procedures.If the Contractor determines that such means, methods,techniques,sequences or procedures may not be safe,the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from am 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 loss or damage arising solely from those Owner-required means,methods,techniques,sequences or procedures. up §3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for,or aw on behalf of,the Contractor or any of its Subcontractors. §3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. so §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 Init. AIA Document A201TM—2007.Copyright©1911,1915,1918,1925,1937 1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIA41 Document is protected by U.S.Copyright Law and International Treaties. y 3 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result 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 13:50:39 on 04/30/2008 under Order No.1000347448_I which expires on 3/11/2009,and is not for resale. User Notes; (4081387439) facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. §3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4,the Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. §3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work.The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. §15 WARRANTY The Contractor warranmto the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further warrants:that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit.Work,materials,or f equipment not conforming to these requirements maybe considered defective.The Contractor's warranty excludes remedy for damage or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficient maintenances 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 The Contractor shall pay,sales,consumer,use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are.received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. §3.7 PERMITS,FEES,NOTICES,AND COMPLIANCE WITH LAWS go §3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit as well as for other permits,fees,licenses,and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids,are received or negotiations concluded. §3.7.2 The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public,authorities applicable to performance of the Work. §11.3 If the Contractor'performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes, rules and regulations,or lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. tlil §3.7,4 Concealed or Unknown Conditions.If the Contractor encounters conditions at the site that are(1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature,that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,the Contractor shall promptly provide notice to the Owner and the Architect 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 the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of,or time required for,performance of any part of the Work,will recommend an equitable adjustment in the Contract Sum or Contract Time,or both.If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified,the Architect shall promptly notify the Owner and Contractor in writing,stating the reasons.If either party disputes the Architect's determination or recommendation,that party may proceed as provided in Article 15. tllll) §3.7.5 If,in the course of the Work,the Contractor encounters human remains or recognizes the existence of burial markers,archaeological sites or wetlands not indicated in the Contract Documents,the Contractor shall immediately suspend any operations'that would affect them and shall notify the Owner and Architect.Upon receipt of such notice,the Owner shall promptly take any action necessary to obtain governmental authorization required to resume Init. AIA DocumentA201TM-2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 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 AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be 14 / prosecuted to the maximum extent possible under the low. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) AN VW the operations.The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features.Requests for adjustments in the ContractSum and Contract Time arising from the existence of such remains or features may be made as provided in Article 1:5. to §3.8 ALLOWANCES 31.t 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, am but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. go 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances;and .3 whenever eost's 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 .rw .costs and the.allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section sir §3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. §3.9 SUPERINTENDENT §3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance 1W at the Project site during performance of the Work.The superintendent shall represent the'Contractor,and communications given tol the superintendent shall be as binding as if given to the Contractor. §'3.9.2 The Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent.The Architect may reply within 14 days to the Contractor in writing stating(1)whether the Owner or the Architect has reasonable objection to the proposed superintendent or(2)that the Architect requires additional time to review.Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. §3:9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection.The.Contractor shall not change the superintendent without the Owner's consent, VW which shall not unreasonably be withheld or delayed. §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 +i Architect's information a Cvnt[aetor's construction schedule for the Work.The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. trr §3.10.2 The Contractor shall prepare a submittal schedule,promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule,and shall submit the schedule(s)for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld.The submittal schedule shall(1)be coordinated with:the Contractor's construction schedule,and(2)allow the Architect reasonable time to review submittals`.If'the Contractor fails to submit a submittal schedule,the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. r 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. Init. AIA Document A201M-2007.Copyright m 1911,1915,1918,1925,7937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and international Treaties. y 5 rre 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 low. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order N0.1 000347448_1 which expires on 3/11/2009,and is not resale. User Notes: (4081,387439) so §3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings,Specifications,Addenda,Change Orders and other Modifications,in good order and marked currently to indicate field changes and selections made during construction,and one 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 as a record of the Work as constructed. §3.42 SHOP DRAWINGS,PRODUCT DATA AND SAMPLES §112.1 Shop Drawings are drawings,diagrams,schedules and other data specially prepared for the Work by the Contractor or a Subcontractor,Sub-subcontractor,manufacturer,supplier or distributor to illustrate some portion of the Work. rill §3.12.2 Product Data are.rrillustrations,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. §3121Samples,art physical examples that illustrate materials,equipment or workmanship and establish standards r by which the Work will be judged. §3.12.4 Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents.Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design ' concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals.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 that are not required by the Contract Documents may be returned by the Architect without action. 3.124 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 in tltt accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. 3.12.8 By submitting Shop Drawings,Product Data,Samples and similar submittals,the Contractor represents to the Owner and Architect that the Contractor has(1)reviewed and approved them,(2)determined and verified materials,field measurements and field construction criteria related thereto,or will do so and(3)checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. §3.12,7 The Contractor shall"perform no portion of the Work for which the Contract Documents require submittal 0111111, and review of Shop Drawings,l?roduct 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 authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples or similar submittals by the Architect's approval thereof. + 3.12,9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, Samples or similar submittals,to revisions other than those requested by the Architect on previous submittals.In the absence of such written notice,the Architect's approval of a resubmission shall not apply to such revisions. §3.12.10 The Contractor shall not be required to provide professional services that 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 AIA Document A201TM—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 18 Unauthorized reproduction or distribution of this AI 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 13:50:39 on 04/30/2008 under Order N0:1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) required to provide professional services in violation of applicable law,If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will specify all performance and design criteria that such=services must satisfy.The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings,calculations, specifications,certifications,Shop Drawings and other submittals prepared by such professional.Shop Drawings and other submittals related to the Work designed or certified by such professional,if prepared by others,shall bear suchprofessional's written approval when submitted to the Architect.The Owner and the Architect shall be entitled +rrr to rely upon the adequacy,accuracy and completeness of the services,certifications and approvals performed or provided 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 and design criteria specified in the Contract Documents. +rr §3.13 USE Of SITE The Contractor shall confine operations at the site to areas permitted by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities and the Contract Documents and shall not unreasonably r encumber the site with materials or equipment. §.314 CUTTING ANp PATCHING The Contr rotor shall be responsible for cutting,fitting or patching required to complete the Work or to make itsi parts fit together property.A:ll areas requiring cutting,fitting and patching shall be restored to the condition existing prior to the cutting,fitting and patching,unless otherwise required by the Contract Documents. MIND 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 to withheld.The Contractor Shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering.the Work. §3.15 CLEANING.UP M 5:15.1 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 waste materials;rubbish the Contractor's tools,construction equipment,machinery and surplus materials from and about IMF the Project. §.3115.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. §1161ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. rr�r §3.17 ROYALTIES,PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement r 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 whence 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 OWN 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. rs flail. AIA Document A201TM—2007.Copyright a 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American institute of Architects. All rights reserved. WARNING:This AIO Document is;protected by U.S.Copyright Law and International Treaties. urr Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be 17 prosecuted to the;maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) rs* §'3.18 INDEMNIFICATION §3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect,Architect's consultants,and agents and employees of any of them from and against claims,damages, losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work,provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death, or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,regardless of whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder.Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 3.18. §3.18.21n claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor:,anyot%e 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, disability benefit acts or other employee benefit acts. ARTIGLEA ARCHITECT §A.1 GtNERAL §i4.1.1 The Owner shall,retain.an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located.That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. §4.1.2 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. lilt §:4A'31f the employment of the Architect is terminated,the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. §4:2 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 during construction until the date the Architect issues the final Certificate For Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, §x4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction,or as otherwise agreed with the Owner,to become generally familiar with the progress and quality of the portion of the Work completed, and to determine ingenerai if the Work observed 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 log make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect will not have icontrol over,charge of,or responsibility 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 N Contractor's rights and responsibilities under the Contract Documents,except as provided in Section 3.3.1. §4.2.3 On the basis of the site visits,the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and report to the Owner(1)known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies observed in the Work.The Architect will not be responsible for the Contractor's failure to perform the Work inaccordance 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. Wr1 AIA Document A201TM-2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and international Treaties. Unauthorized reproduction or distribution of this Ate Document,or any portion of'it,may result in severe civil and criminal penalties,and will be 18 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) ow 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 roatters.arising out of or relating to the Contract.Communications by and with the Architect's consultants shall be thiroughaxhe 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 rr and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. §4.2.6 The Architect has 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 thrs,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, wn material and equipmentsuppliers,their agents or employees,or other persons or entities performing portions of the Work. §4.2.7 The Architect will review and approve,or take other appropriate action upon,the Contractor's submittals Aw 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 in accordance-with theSubmittal schedule approved by the Architect or,in the absence of an approved submittal scheduler with reasonable promptness while allowing sufficient time in the Architect's professional aw judgment to permit adequate-xeview.Review of such submittals is not conducted for the purpose of determining the accuracy and,completenoss of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the trr 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 rrr assembly of which the item is a component. §4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may authorize minor changes in the Work as provided,in Section 7.4.The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. §4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion;issue Certificates of Substantial Completion pursuant to Section 9.8;receive and forward to the Owner,for the Owner's review and records,written warranties and related,documents required by Contract and assembled by the Contractor pursuant to Section 9.10;and issue a final Certificate for Payment pursuant to Section 9.10. r §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 rw 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 to will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. §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 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 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. Init. AIA Document A201 TM—2007.Copyright®1911,1918,1918,1925,1937,1951,1958,1961,1963,1966,1970,#976,1987,1997 and 2007 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 19 l prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_I which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) rr� §4.2.14 The Architect will review and respond to requests for information about the Contract Documents.The Architect's response to such requests will be made in writing within anytime limits agreed upon or otherwise with reasonable promptness.If appropriate,the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. M ARTICLE 5 SUBCONTRACTORS §5.1 DEFINITIONS 4 §5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The term"Subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.The term"Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. §+5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion ofthe Work at the site.The term"Sub-subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub- wiil subcontractor. §5.2AWARD 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) proposed for each principal portion of the Work.The Architect may reply within 14 days to the Contractor in writing stating(1)whether the Owner or the Architect has reasonable objection to any such proposed person or entity or(2)that the Architect requires additional time for review.Failure of the Owner or Architect to reply within the 14 day period shall constitute notice of no reasonable objection. §5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. <5.2.3 If,the Owner,or Architect has reasonable:objection to a person or entity proposed by the Contractor,the Contractor shall propose another to whom the Owner or Architect has no reasonable objection.If the proposed but rejected.'Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting,names as required. Owl §:5.2.4 The Contractor shall not substitute a Subcontractor,person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. do §5.3 SUBCONTRACTUAL'RELATIONS By appropriate agreement,written where legally required for validity,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work,which the Contractor,by these Documents, assumes toward the Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the -Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor I so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,'unless specifically provided:otherwise in the subcontract agreement,the benefit of all rights,remedies and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The 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 that may AIA Document A201TM-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This A10 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 software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) ow so beat 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 COl0ITINGENT ASSIGNMENT OF SUBCONTRACTS §5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner,provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the 110 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, as When the Owner accepts the assignment of a subcontract agreement,the Owner assumes the Contractor's rights and obligations under the subcontract. ,w, §;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. 5.43 Upon such assignment to the Owner under this Section 5.4,the Owner may further assign the subcontract to a aw successor contractor or other entity.If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. off ARTICLE 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS §.6.1 O.WNEWS 1tIGHT.TO`PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS §6.1.1:31c Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and to award sopar ate contracts in connection with other portions of the Projector other construction or operations on thq. to 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 Article 15. Aw §6.1.2 When separate contracts are awarded for different portions of the Projector other construction or operations on the site,the term"Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. §,6.13 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 1W other separate contractors and the Owner in reviewing their construction schedules.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. r §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 that apply to the Contractor under the Conditions of the Contract,including,without w` 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 storage of their Materials and equipment and performance of their activities,and shall connect and coordinate the CQntractoes.construction and operations with theirs as required by Contract Documents. +r. §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 +r�r Init. AIA Document A201TM—2007.Copyright®1911,1915,1918,1925,9937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and international Treaties. 21 am 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 13:50:39 on 04/3012008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) wr . 111)11 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. $2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor beeause:of the Contractor's delays,improperly timed activities or defective construction.The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays,improperly timed activities,damage to the Work or defective construction. 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner,separate contractors as provided in Section 10.2.5. §,16.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are rw described for the Contractor in Section 3.14. §=6.3 OWNER'S RIGHT,TO C LAN UP If a dispute arises among the Contractor,separate contractors and the Owner as to the responsibility under their 40 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 IKTHE WORK so 7.1 GENERAL §7.1.1 Changes in the Work maybe 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. 71.2 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 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 fi 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 The 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. §7.3 CONSTRUCTION CHANGE:DIRECTIVES §7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and 10 Architect,directing a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or Contract Time,or both,The Owner may by Construction Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and Contract Time being adjusted accordingly. §7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. §7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to W permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or AIA Document A201Tm—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The Init. 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 AIO Document,or any portion of It,may result In severe civil and criminal penalties,and will be 22 W / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04130/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) go ow +rr .4 As provided in Section 7.33. §7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted. §7:3,5 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in ■r 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. ar §7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them.Such agreement shall be effective immediately and shall be recorded as a Change Order. VW §7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment'in the Contract Sum, the Architect shall'determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work.attributable to the change,including,in case of an increase in the Contract Sum,an we amount for overhead and profit as set forth in the Agreement,or if no such amount is set forth in the Agreement,a reasonable amount.: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 MW provided in the Contract Documents,costs for the purposes of this Section 7.3.7 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 No consumed; .3' Rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor ox others; 4' Costs of premiums for all bonds and insurance,permit fees,and sales,use or similar taxes related to 4W the Work;and .5 Additional costs of supervision and field office personnel directly attributable to the change. §7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a M 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. t�rr §7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner,the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs go and certify for payment the amount that the Architect determines,in the Architect's professional judgment,to be reasonably justified.The Architect's interim 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 15. No §7.3.10 When the Owner and Contractor agree with a 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 the Architect will prepare a Change Order.Change Orders may issued for all or any part of a Construction Change Directive. §7,A MIN6IR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or rr extension of the.Contract Time and not inconsistent with the intent of the Contract Documents.Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. wr Init. AIA Document A201 Tm—2007.Copyright©1911,1915,t 918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. +ra Unauthorized reproduction or distribution of this AIAO Document,or any portion of it,may result in severe civil and criminal penalties,and will be 23 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for User Notes: (4081387439) sr ARTICLE 8 TIME §84 DEFINITIONS §8:1.1 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. §;8.1.2 The date of commencement of the Work is the date established in the Agreement. §'8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with SSection 9.8. §'8.1.4 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. §8.2 PROGRESS AND COMPLETION §811 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. t §:8.2.2 The Contractor shall not.knowingly,except by agreement or instruction of the Owner in writing,prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article l l to be furnished by the Contractor.and Owner.The date of commencement of the Work shall not be changed'bythe effective date of such insurance. sari §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 lair► changes ordered in the Work;or by labor disputes,fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control;or by delay authorized by the Owner pending mediation and arbitration;or by other causes that the Architect determines may justify delay,then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. §8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. Irw §'8.3.3 This Section-$.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE:9- PAYMENTS AND COMPLETION 44 §9.1 CONTRACT SUM 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. are §9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit to the Architect,before the first Application for Payment,a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §9.3 APPLICATIONS FOR PAYMENT §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values,if required under Section 9.2.,for completed portions of the Work.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 shall reflect retainage if provided for in the Contract Documents. 0 AIA Document A201Tm—2007.Copyright©1911,1915,1918,1925,1937 1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AlAd 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 24 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) Will aw §9.3.1.1 As provided in Section 7.3.9,such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. §.9.3.1.2;Applications for Payment shall not include;requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier,unless such Work has been performed by others whom the Contractor intends to pay. we §;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 Owned;paymentsnay similarly be made for materials and equipment suitably stored off the site at a location agreed upon,in wasting Payment for materials and equipment stored on or off the site shall be conditioned upon compliance liythe Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable insurance;storage and transportation to the site for such materials and equipment stored off the site. go §;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 Payment all Work for which Certificates for Payment have been previously issued and payments received from the rrr 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 claitnby reason of having provided labor,materials and equipment relating to the Work. ow §9.4 CERTIFICATES FOR PiAY1111 ENT §9.4,1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue to the Owner a Certificate for Payment,with a copy to the Contractor,;for such amount as the Architect determines ow 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, No based on:the Architect's evaluation of the Work and the data comprising the Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated and that 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 400 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 go of a Certificate for Payment will riot be a'representation that the Architect has(1)made exhaustive or continuous on- site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques, sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the.Owner to substantiate the Contractor's right to payment,or(4)made examination to w o 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 §i.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 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 subsequeto y discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor ,raw is responsible,including loss resulting from acts and omissions described in Section 3.3.2,because of .1 defective Work not remedied; 2 third party claims filed or reasonable evidence indicating probable filing of such claims unless 4M security acceptable to the Owner is provided by the Contractor; Init. AIA Document A201*M-2007 Copyright ®1911,1915,1918,1925,1937 1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIA4 Document is protected by U.S.Copyright Law and International Treaties. +wlr Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be 25 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_i which expires on 3/11/2009,and is not for resale. User Notes: (4181387439) srr ,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 a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the No unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. §-'9.5.2 When the above reasons for withholding certification are removed,certification will be made for amounts previously withheld. w §9:5.3 If the Architect withholds certification for payment under Section 9.5.1.3,the Owner may,at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered.If the Owner makes payments by joint check,the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. §U.PROGRESS PAYMENTS.. §,9.6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so notify the Architect. §9:6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the trn Owner the amount to which the Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of the 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. nrp §>9.6.3 The Architect will,on request,furnish to a Subcontractor,if practicable,information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. ' §9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work.if the Contractor fails to furnish such evidence within seven days,the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid.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 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2,9.6.3 and 9.6.4. §9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. §9.6.7 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 II 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 If the Architect does not issue a Certificate for Payment,through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution,then the Contractor may,upon seven additional days' written notice to the Owner and Architect, AIA Document A201Tm—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright taw and International Treaties. Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be 26 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order Noa-000347448_1 which expires on 3/1112009,and is not for resale. User Notes: (4081387439) IN w 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. wr §9:8 MSTANTIAL COMPLETION §9.81 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. 9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of am items to be complete&p.r'.corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of`the Cdddtractor to complete all Work in accordance with the Contract Documents. §9.8.3 Upon receipt of;tbe Contractor's list,the Architect will make an inspection to determine whether the Work or as designated portion thereofis 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 thatthe Owner can occupy:or utilize the Work or designated portion thereof for its intended use,the Contractor shall,before issuance ofthe:Certificate of Substantial Completion,complete or correct such item upon notification g o by the Architect.:In suc ;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 rr Certificate of Substantial`Completion that 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 OWN 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 rw 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 §11.1 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 rirr to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may continence 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 r�r 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 +rr 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 wlr the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. §9.91 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 the Contractor's written notice that the Work is ready for final inspection and acceptance VON and upon receipt of a final Application for Payment,the Architect will promptly make such inspection and,when the Init. AIA Document A201TM-2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and international Treaties. 27 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 rbyAIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) r� 0 Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. §9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect(1)ar affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Workfor 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 Sit days'prior written notice has been given to the Owner,(3)a written statement that the Contractor knows of no;substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents,(4)consent of surety,if any,to final payment and(5),if required by the Owner,other data +lr► establishing payment or satisfaction of obligations,such as receipts,releases and waivers of liens,claims,security interests or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien.If such lien remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner maybe compelled to pay in discharging such limn,.including all costs and reasonable attorneys'fees. tlrrii 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•bythe 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 paymentshall constitute a waiver of Claims by the Owner except those arising from .1 liens,Claims,security interests or encumbrances arising out of the Contract and unsettled; .2 failure.of the Work to comply with the requirements of the Contract Documents;or .3 terms of special warranties required by the Contract Documents. §9.10.5 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final App_lication for Payment. w ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. §10.2 SAFETY OF PERSONS AND PROPERTY §10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to trig prevent damage,'injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site,under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub- im subcontractors;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements, roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction. AIA Document A201TM—2007.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The Init. 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 ft,may result in severe civil and criminal penalties,and will be 28 fo / prosecuted'to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) r §10.2.2 The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. irw §,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. Im §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. rir §1,025 The Comtractor'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~Che Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any.of them,or b =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'indirecdl employed by either of ahem,or by anyone for whose acts either of them may be liable, ON 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 rre 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. ■r §10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition.. §10.2.8INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party,or of others for whose acts such party is leg ally.responsible,written notice of such injury or damage,whether or not insured,shall be.given tothe other party within a reasonable time not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other party to investigate the matter. go §1;03 HAZARDOUS MATERIALS §10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials.,1f the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and 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 rw stop Work in the affected area and report the condition to the Owner and Architect in writing. §'10.3.2 Upon receipt of the Contractor's written notice,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 cause it to be rendered harmless.Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner.If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no �rrr reasonable abjection.When the material or substance has been rendered;harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.By Change Order,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. No Init. AIA Document A201TM—2007.Copyright 01914,1915,1918,1925,1937,1951,1958,1961,1963,1866,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.copyright Law and International Treaties. Wo Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be 29 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) go f §10.3.3 To the fullest extent pern ittedby law,the Owner shall indemnify and hold harmless the Contractor, go Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not rlimited 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 death as4escribed in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss or rw expense-is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),except to the extent that such damage,loss or expense is due to the fault or negligence of the party seeking indemnity. No §'10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents.The Owner shall be responsible for materials or substances required by the Contract Documents,except to the extent of the Contractor's Will fault or negligence in the use and handling of such materials or substances. §10.3.5 The Contractor shallindemnify the Owner for the cost and expense the Owner incurs(1)for remediation of a maternal.ox substance the Contractor brings to the site and negligently handles,or(2)where the Contractor fails to tilil perform its obligations under Section 10.3.1,except to the extent that the cost and expense are due to the Owner's fault or negligence. §10.3.6 If,without negligence on the part of the Contractor,the Contractor is held liable by a government agency 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. 10.4 EMERGENCIES 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 Article 15 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 and completed operations under the Contract and for which the Contractor may legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directl 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 that are applicable to the Work to be performed; go .2 Claims for damages because of bodily injury,occupational sickness or disease,or death of the Contractor's employees; .3 Claims for damages because of bodily injury,sickness or disease,or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; ,5 Claims for damages,other than to the Work itself,because of injury to or destruction of tangible property,including loss of use resulting therefrom; .6 Claims for damages because of bodily injury,death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations;and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under 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 4W occurrence or claims-made basis,shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and,with respect to the Contractor's completed operations coverage,until the expiration of the period for correction AIA Document A201TM—2007.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The Init. 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 30 to / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) "M of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. x!11:1:3 Certificates of insurance acceptable to the Owner shall be filed with the`Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance.These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will notbe canceled or allowed to expire until at least 30 days'prior written notice has been given to the Owner.An additional certificate evidencing continuation of liability coverage,including coverage for completed operations, w shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11,1.2.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. 1arr� §11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include {1)the Ow.Mgr.,the Architect and the Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negli8ent acts or omissions during the Contractor' operations;and(2)the Owner as an additional nsuredfor claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's cornp;leted operations. rrr1 §111OINNEWS LFABILI?FY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. §11,3 PROPERTY.INSURANCE §11.3.1 Unless otherwise provided,the Owner shall purchase and maintain,in a company or companies lawfully authorized to do business inthe 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 low or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later.This insurance shall include interests of the Owner,the Contractor,Subcontractors and Sub- subcontractors in the,Project. §11.3.1.1 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 a licable le pp gal requirements,and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. do §11.3.1.2 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 that will protect the interests of the Contractor,Subcontractors and Sub-subcontractors in the Work,and by appropriate Change Order the cost thereof ow 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. wa §11.3.1.3 If the property insurance requires deductibles,the Owner shall pay costs not covered because of such deductibles... §1 1,11A This property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. §11.3.1.5 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 Init. AIA Document A20QTM-2007.Copyright a 9911,1915,1918,1925,19371951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIAO 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 31 prosecuted to the maximum extant possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) +r otherwise.The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall,without mutual written consent,take no action with respect to partial occupancy or use that would cause cancellation,lapse or reduction of insurance. 11.3:2.801LER AND MACHINERY INSURANCE rw The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law,which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this.insurance shall include interests of the Owner,Contractor,Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.3.3 LOSS OF'USE-INSURANCE The Owner,at the Owner's option,may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused.The Owner waives all rights of action against the Contractor for loss of use of the Owner's property,including consequential losses due to fire or other hazards however caused. §11.3.4 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. §11.3.5 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 rr the Project during the construction period,the Owner shall waive all rights in accordance with the terms of Section 11.3.7 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. 11.16 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 11.3.Each policy shall contain all generally applicable conditions,defimtions,.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. §11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against(1)each other and any of their subcontractors,sub- subcontractors,agents and employees,each of the other,and(2)the Architect,Architect's consultants,separate contractors described in Article 6,if any,and any of their subcontractors,sub-subcontractors,agents and employees, for damages caused by fire or other,causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3:or other property insurance applicable to the Work,except such rights as they have to proceeds of such insurance held by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall require of the Architect,Architect's consultants,separate contractors described in Article 6,if any,and the subcontractors,sub- subcontractors,agents and employees of any of them,by appropriate<agreements, written where legally required for validity,similar waivers each in favor of other parties enumerated herein.The policies shall provide such waivers of subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged. §11.3,8 A loss insured under the 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 11.3.10.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. +� §11.3.9 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 Init. AIA Document A207 TM-2007.Copyright ©'1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIO 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 32 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3111/2009,and is not for resale. User Notes: (4081387439) NOW Owner shall distribute in accordance with such agreement as the parties in interest may reach,or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor,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 400 in the Work in accordance with Article 7. §'11.3.10 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 as objection is made,the dispute shall be resolved in the manner,selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement.If the Owner and Contractor have selected arbitration as the method of binding dispute resolution,the Owner as fiduciary shall make settlement with insurers or,in the case of a dispute over distribution of insurance proceeds,in accordance with the directions of the arbitrators. +rr §:11.4 PERFORMANCEBOND AND PAYMENT BOND §,11.4.1 The OVvner-shall havt I 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. §11,4,2 Upon the request�af any,person or entity appearing to be a potential beneficiary of bonds covering;payment air of obligations arisingunderthe Contract,the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to'be..furnished; ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERINO OF"WORK §92.1.1 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 requested in writing by the Architect,be uncovered for the a� 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 that 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,such costs and the cost of 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. ar §12,2 CORRECTION`OF WORK §12.2.18EFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of wr 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,the cost Of uncovering and replacement,and compensation for the Architect's services and expenses made necessary thereby,shall be at the Contractor's expense. §12.2.2 AFTER SUBSTANTIAL COMPLETION §,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 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 Cantractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition.During the one-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with Section 2.4. +�r Init. AIA DocumentA201TM—2007.Copyright®1911,1915,1918,1925,1937 1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.copyright Law and International Treaties. low Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be 33 / prosecuted to the maximum extent possible under the law. This document was produced by AIA'software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not forresale. User Notes: (4081387439) ar §12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first rr performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. §12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. §12,2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. §42.2.4 The Contractorshall 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 ,that 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 the Contractor has under the Contract Documents.Establishment of the one-year period for ally 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 maybe commenced to establish the Contractor's liability,with respect to the Contractor's obligations other than specifically to correct the Work. §12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that 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 The Contract shall be governed by the law of the place where the Project is located except that,if the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 15.4. ► ,§13.2 SUCCESSORS.AND ASSIGNS §13.2.1 The Owner and Contractor respectively bind themselves,their partners,successors,assigns and legal representatives to covenants,agreements and obligations contained in the Contract Documents.Except as provided 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. t §13.2.2 The Owner may,without consent of the Contractor,assign the Contract to a lender providing construction financing for the Project,if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. §13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual,to a member of the firth 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 or by courier service providing proof of delivery to,the last business address known to the party giving notice. §'13,4 RIGHTS AND REMEDIES §;434:1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights and remedies otherwise imposed or available by law. _ ► §13.4.2 No action or failure to act by the Owner,Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach there under,except as may be specifically agreed in writing. Init. AIA Document A201TM—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 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 34 t / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) ftrl r.r ` §13.5 TESTS AND INSPECTIONS §-=13A'1 Tests,inspections and approvals of portions of the Work shall be made as required by the Contract Dvctt7tents and by applicable laws,statutes,ordinances,codes,rules and regulations or lawful orders of public authorities.Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority,and shall bear all related costs of tests,inspections and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such w► procedures.The Ownetshall bear costs of(1)tests,inspections or approvals that do not become requirements until after bids are received or negotiations concluded,and(2)tests,inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. we §43.5.2 If the Architect;Owner or public authorities havin g 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,. nstruct the Contractor to make arrangements for such additional testing,inspection ru or approval by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of when and where tests and are to be made so that the Architect may be present for such procedures.Such costs,except as provided izt Section 13.5.3,shall be at the Owner's expense. 0 §13.53 If such prpceduresfor testing,inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure ind}uding those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. §115A Required certificates of testing,inspection or approval shall,unless otherwise required by the Contract Documents,be secured by he Contractor and promptly delivered to the Architect. §135,5 If the Architect is to observe tests,inspections or approvals required by the Contract Documents,the Architect will do so promptly and,where practicable,at the'normal place of testing. ws §13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. §13.6 INTEREST 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 TIME.LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action,whether in contract,tort,breach of warranty or otherwise,:against the other arising out of or related to the Contract in accordance with the requirements w of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. rt ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT §14.1 TERMINATION 83 THE CONTRACTOR §14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days r 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 that requires all Work to +trr be stopped; .2 An act of government,such as a declaration of national emergency that requires all Work to be stopped; +r lnit. AIA Document A201TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This A10 Document is protected by U.S.Copyright Law and international Treaties. WA 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 13:50:39 on"04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) 0 .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of io the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or ,4 The Owner has failed to furnish to the Contractor,promptly,upon the Contractor's request,reasonable evidence as required by Section 2.2.1. to §14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor or a Subcontractor, Sub subcontractor or their agents or employees or any other persons or entities performing portions of the Work go 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 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 Cornier and Architect,terminate the Contract and recover from the Owner payment for Work executed,including reasonable overhead and profit,costs incurred by reason of such termination,and damages. §14.1A If the Work is stop-p for a period of 60 consecutive days through no actor fault of the Contractor or a Subcontractor or their agents ior employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly 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 14.13. §14.2 TERMINATION BY THE.OWNER FOR CAUSE >142.4 The Owner may terminate the Contract if the Contractor .1 repeatedly;refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of a public authority;or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. §142.2 When any of the above reasons exist,the Owner,upon certification by the Initial Decision Maker that sufficient';cause exists to justify such action,may without prejudice to any other rights or remedies of the Owner and so after giving the Contractor and the Contractor's surety,if any,seven days' written notice,terminate employment of the Contractor and,may,subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4;and .3 Finish the Work by whatever reasonable method the Owner may deem expedient.Upon written request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. §14.2.3 When the Owner'terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. §14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, 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 Initial Decision Maker,upon application,and this obligation for payment shall survive termination of the Contract. §14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE §14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. Init. AIA Document A201Tm—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or a distribution of this Al Document,or any portion of it,may result in severe civil and criminal penalties,and will be 36 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1 0003474481 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) .r §'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 A that performance is,was or would have been so suspended,delayed or interrupted by another cause ow for which the Contractor is responsible;or 2 that an equitable adjustment is made or denied under another provision of the Contract. 14A TERMINATION BY THE OWNER FOR CONVENIENCE sw §14.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause. §14.4.2 Upon receipt of wtitten;notice from the Owner of such termination for the Owner's convenience,the Contractor,shall irr 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,ter all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. uw §14:x.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, we ARTICLE 15 CLAIMS AND DISPUTES §15.1 CLAIMS: §1!5.1:1 DEFINITION A Claim is:a demand or assertion by one of the parties seeking,as a matter of right,payment of money,or other relief with'respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.The responsibility to substantiate Claims.shallrest with the party making the Claim. AW 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy seat to the Architect,if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. §111.3.CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim;except as otherwise agreed in writing or as provided in Section 9.7 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.The Architect will prepare Change Orders and issue to Certificates for Payment inr ccordance with the decisions of the Initial Decision Maker. §15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a 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 10.4. §15.1,5 CLAIMS FOR ADDITIONAL TIME §15.15:1 If.the•:Contractor wishes to make a Claim for an increase in the Contract Time,written notice as provided herein shali,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. .�r §15.1.5.2 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. sir Init. AIA Document A201 TM-2007.Copyright®1911,1915,1918,9 925,1937 1951,1958,1961,1963,1966,1970,1,976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved.WARNING:This AIW<Document is protected by U.S.Copyright Law and International Treaties. eve Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be 37 / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:50:39 on 04130/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) rr §15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes 1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of +wr 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 except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 14.Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages,when applicable,in accordance with the requirements of the Contract Documents. §15,21NITIALDI C(SION. §112.1-G'laims,exwflitding tklose arising under Sections 10.3, 10.4, 11.3.9,and 11.3.10,shall be referred to the Initial 96 Decision Maker for.initial decision.The Architect will serve as the Initial Decision Maker,unless otherwise indicated in the Agreement.Except for those Claims excluded by this Section 15.2.1,an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due,unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been Nw rendered.Unless the Initial Decision Maker and all affected parties agree,the Initial Decision Maker will not decide disputes between the Contractor,and persons or entities other than the Owner. §;15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions:(1)request additional supporting data from the claimant or a response with supporting data from the other party,(2)reject the Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise, or(5)advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that,in the Initial Decision Maker's sole'discretion,it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 1562.3 In evaluating Claims,the Initial Decision Maker 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 Initial Decision Maker in rendering a decision.The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. §15.2A1f the Initial Decision Maker 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(1)provide a response on the requested supporting data,(2)advise the Initial Decision Maker when the response or supporting data will be furnished or(3)advise the Initial Decision Maker that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Initial Decision Maker will either reject or approve the Claim in whole or in part. §15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim,or indicating that the Initial Decision Maker is unable to resolve the Claim.This initial decision shall(1)be in writing;(2)state the reasons therefor;,and(3)notify the parties and the Architect,if the Architect is not serving as the Initial Decision Maker,of any change in the Contract Sum or Contract Time or both.The initial decision shall be final and binding on the parties but subject to mediation and,if the parties fail to resolve their dispute through mediation,to binding dispute resolution. No 152.6 Either party may file for mediation of an initial decision at any time,subject to the terms of Section 15.2.6.1. 15.2.6.1 Either party may,within 30 days from the date of an initial decision,demand in writing that the other party No file for mediation within 60 days of the initial decision.If such a demand is made and the party receiving the demand fails to file for mediation within the time required,then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. AIA Document A20tTM—2007.Copyright©1911,4915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document,or any portion of It,may result in severe civil and criminal penalties,and will be 38 a / prosecuted to the maximum extent,possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) W r §15.2.7 In the event of a Claim against the Contractor,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 Owner inay,butis not obligated to,notify the surety and request the surety's assistance in resolving the controversy. ow §1542.8 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. §15.3 MEDIATION §15.3.1 Claims,disputes;or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4,9.10.5,and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. §'15.3.2 The.parties shall endeavor'to resolve their Claims by mediation which,unless the parties mutually agree otherwise,shall be.administered'by the American Arbitration Association in accordance with its Construction Industry Mediation hicocedure.s in effect on the date of the Agreement.A request for mediation shall be made in as writing,deliveredto the other, arty to the Contract,and filed with the person or entity administering the mediation. The request maybe made concurrently with the filing of binding dispute resolution proceedings but,in such event, mediation shall proceed in advance of binding dispute resolution 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;If an arbitration is stayed pursuant to this Section 15.3.2,the parties may nonetheless proceed to the selection of the arbitrators)and agree upon a schedule for later proceedings. §15.3.3 The:parties shall shar-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. §15.4 ARBITRATION §15.4.1 If the parties have selected arbitration as the method'for binding dispute resolution in the Agreement,any Claim subject to,,but not resolved by,mediation shall be subject to arbitration which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its'Construction Industry Arbitration Rules in effect on the date of the Agreement.A demand for arbitration shall be made in writing, delivered:to the other party to the Contract,and filed with the person or entity administering the arbitration.The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on ilw which arbitration is permitted to be demanded. §15A.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation,but in no event shall it made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. +� §15.4.2 The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law inany court having jurisdiction thereof. §15.4.3 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. §'15.4:4 CONSOLIDATION OR JOINDER §ISAAA Either party,at its'sole discretion,may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration permits consolidation,(2)the arbitrations to be consolidated substantially involve common questions of law or fact, and(3)the arbitrations employ:materially similar procedural rules and methods for selecting arbitrators). §15.4.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an AIA Document A201TM—2007.Copyright©1911,1915,1918,1925,1937,1951„1958,1961,1963,1966,1970,1976,1887,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and international Treaties. 39 rr 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 13:50:39 on 04/30/2008 under Order No.1 0 0 0 3 4 7448-1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) err additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. §15.4.0,The Owner and Contractor grant to any person or entity made a party to an arbitration<conducted under this Section 15.4,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. 1Mi Mile MMl wlr a AIA Document A201TM—2007.Copyright©1911,1915,1918,1925,1937 1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The Init. 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 40 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) MMM M Additions and Deletions Report for AIA Document A201 TM—2007 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has aided thAhe 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 13:50:39 on 04/30/2008. PAGE 1 .r Teasdale 2 rr� rr MIS rrr VArrr srr srr +rr ow Additions and Deletions Report for AIA Document A201TM—2007.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIAa'Document is protected by U.S.Copyright Law ss1 and International Treaties.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 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) re>r rri rt Certification of Document's Authenticity AM0 Document D40ITM —2003 aw 1,Todd Black,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 13:50:39 on 04/30/2008 under Order No. 1000347448_1 from AIA Contract Documents software and that in preparing the attached final.document I made>no changes to the original text of AIA®Document A201 TM—2007—General Conditions of the Contract for Construction,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. �s (Signed) (Title) w (Dated) am 4wr rrr w wn AIA Document D401 TM—2003.Copyright'®1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIO Document,or any portion of it, ME 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 13:50:39 on 04/30/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (4081387439) err «. THOMAS TEASDALE PARK SUPPLEMENTARY GENERAL CONDITIONS TERMS OF MODIFICATIONS AND SUPPLEMENTS SECTION 00800 A. The following supplements shall>modify, delete, and/or add to the General Conditions or'Instructions to Bidders. Where any article, paragraph, or subparagraph in the General Conditions is supplemented by one of the following paragraphs, the provisions of such article, paragraph, or subparagraph shall remain in effect and the supplemental provisions shall be considered as added thereto. Where any article, paragraph, or subparagraph in the General Conditions is amended, voided, or superseded by any of the following paragraphs, the provisions of such article, 'paragraph, or subparagraph not so amended, voided, or superseded shall remain in effect. 2. ADDITIONAL MODIFICATIONS AND SUPPLEMENTS The supplements referenced within this section are identified with the same number and title used for that topic in the General Conditions. A. ARTICLE '1.1 — BASIC DEFINITIONS Supplement Article 1.1 with the following: 1.1.8 Final Completion The designated time following Substantial Completion when all work has been signed off by the Engineer. In addition to the requirements of Substantial Completion, Final Completion shall include, but not be limited to receipt of all Record Drawings, Operations and Maintenance Manuals, Warranties, and resolution of all Punch List Items. B. ARTICLE 1.2—CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS Supplement Article 1.2 with the following: 1.2.4 Contract Drawings The following drawings are a part of the Contract Documents: TITLE Cover C1.0 Survey Landscape D1.0 Demolition and TESC Plan w D1.1 Demolition and TESC Details and 'Notes 1-1.0 Layout and Planting Plan L2.0 Grading and Drainage Plan L3.0 Irrigation Plan, Legend and Notes L3.1 Irrigation Details L4.0 Site Details �r 00800 PAGE 1 THOMAS TEASDALE PARK SUPPLEMENTARY GENERAL CONDITIONS SECTION 00800 C. ARTICLE 3.2—REVIEW OF CONTRACT DOCUMENTS AND FIELD wrr CONDITIONS BY'CONTRACTOR Supplement Article 3.2 with the following: 3.2.4 A pre-bid meeting has been set for May 15, 2008, at 10:00 a.m. The meeting will convene in the parking lot at Thomas Teasdale Park. D. ARTICLE 3.7 — PERMITS, FEES AND NOTICES Supplement Article 3.7.1 with the following: The following permits will be obtained by the'Contractor after the Notice to Proceed: 1. An Annual Grading License (available on the City of Renton web site: http://rentonwa.gov/uploadedFiles/Business/ ) Any additional permits, certificates, or agency approvals required for completion of this work are the responsibility of the Contractor. E. ARTICLE 4.3—CLAIMS AND DISPUTES Supplement Article 4.3 with the following: 4.3.11 'Pursuant to the requirements of the General Conditions, the Liquidated Damages for failure to achieve Substantial Completion within 90 days of the Notice to Proceed as required shall be $500.00 per day, and for failure to achieve Final Completion within an additional fourteen days after Substantial Completion shall be 10% of the Liquidate Damages daily rate for failure to achieve Substantial Completion. The damages stipulated above are to be deducted as Liquidated Damages from any monies due or to become due. F. ARTICLE 8.2— PROGRESS AND COMPLETION 4W Supplement Article 8.2 with the following: 101 8.2.4 The Contract, in its entirety, shall reach Substantial Completion within 90 calendar days, dating from date of award of the contract, and shall reach Final Completion within 14 calendars days of Substantial Completion. G. ARTICLE 11 INSURANCE AND BONDS Refer to Conditions in Section 00920 and modify where necessary to include these insurance requirements. END OF SECTION 00800 PAGE 2 THOMAS TEASDALE PARK MODIFICATIONS TO GENERAL CONDITIONS SECTION 00810 1. TERMS OF MODIFICATIONS AND SUPPLEMENTS A. Where any article of the General Conditions is modified or any Paragraph, Subparagraph, or Clause is modified or deleted by Section 00810 or in the body of the General Conditions, the unaltered provisions of that Article, Paragraph, Subparagraph, or Clause remain in effect. 2. ADDITIONAL MODIFICATIONS AND SUPPLEMENTS w A. ARTICLE 1.1 — INSURANCE AND BONDS 1. Refer to Conditions in Section 00920 and modify where necessary to include these insurance requirements. END OF SECTION wo r 00810 PAGE 1 "" THOMAS TEASDALE PARK SPECIAL CONDITIONS SECTION 00900 1. COMPLIANCE WITH WAGE RATES AND FILING OF "INTENT TO PAY PREVAILING WAGES" HEREINAFTER CALLED"INTENT"AND "AFFIDAVIT OF WAGES PAID" A. The Contractor and Subcontractors shall comply with 39.12 RCW and amendments"Prevailing Wages on Public Works." For the most recent State Promulgated Wage Rates refer to the website www.lni.wa.aov/prevailingwage or contact the Department of Labor& Industries. B. The prevailing rate wages to be paid to all workers, laborers, or mechanics employed in the performance of any part of this'Contract shall be in accordance with the provisions of Chapter 39.12 RCW, as amended. The rules and regulations of the Washington State Department of Labor and Industries and the ow Schedule of Prevailing Wage Rates determined by the Industrial Statistician of the Department of Labor and'Industries, are available on the website listed above or may be obtained from Washington State Department of Labor>and r. Industries. C. In case any wage dispute arises as to what are the prevailing rates of wages for work of a similar nature, and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for dispute resolution to the Department of tabor and Industries. The findings shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended. Current prevailing wage data will be furnished by the>Industrial Statistician upon request. Requests shall be made to the State of Washington Department of Labor and Industries. The Contractor is responsible for paving the appropriate wage rates. D. The Contractor, and all Subcontractors, on or before the date of commencement .r. of work, shall file a statement under oath with the Owner and with the Director of Labor and Industries certifying the rate of hourly wages,paid to each classification of laborers, workers, or mechanics employed to perform work under this Contract shall not be less than the prevailing rate of wages determined by the Washington State Labor and Industries. Such statement and any supplemental statements which may be necessary shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries. E. Prior to commencing work, the Contractor and each and every Subcontractor hall file a sworn statement of "Intent to Pay the Prevailing Wages," including fringe benefits for each job classification to be utilized. Sample copy enclosed herein. F. Copies of all "Intents"shall be on file with the Contractor, the Industrial Statistician, and the Owner. G. Affidavits of Wages Paid, upon completion of;project, the'Contractor shall fully execute and file 'Affidavit of Wages Paid"with the Washington State Department of Labor and Industries and any other agencies required by law. Sample copy • enclosed herein. 00900 PAGE 1 THOMAS TEASDALE PARK SPECIAL CONDITIONS SECTION 00900 Copies of the Affidavits shall be provided to the City prior to Final Completion and>Final Payment. rrr Each affidavit of wages paid must be certified by the Industrial Statistician of the Department of Labor and Industries before it is submitted. H. All costs and fees for and associated with the "Intent to Pay<Prevailing Wages" and "Affidavits of Wages Paid" are to be paid by the Contractor. 2. STATE LICENSING LAW The Contractor agrees to comply with all requirements of Chapter 18.27 RCW. The Contractor agrees and covenants to furnish unto the Owner proper evidence that the Contractor has fully complied with the State Licensing Law of the State of Washington, Chapter 18.27 RCW, and,a Contractor's Certificate of Registration shall be in full force and effect throughout the work project herein above enumerated, prior to starting work. 3. NON-DISCRIMINATION A. It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, age, or disability, when the City of Renton can reasonably accommodate the disability of employees and applicants for employment and fair, non- discriminatory treatment to all citizens. err B. EMPLOYMENT PRACTICES -The City of Renton will ensure all employment related activities including recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job- related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. C. COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS The City of rw Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. D. AFFIRMATIVE ACTION PLAN -The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate 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. E. CONTRACTORS OBLIGATIONS - Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and 00900 PAGE 2 THOMAS TEASDALE PARK SPECIAL'CONDITIONS SECTION 00900 subscribe to the Fair Practices and <Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. 4. ENVIRONMENTAL LEGISLATION A. The following list represents those federal, state, and local statutes, ordinances, regulations and orders dealing with preservation of public natural resources and prevention of environmental pollution currently know to the Owner and that may effect or are effected by the proposed work. Bidders shall review such materials ■. prior to submittal of sealed bids. 1. Federal: Title<42, Section 4321, et. seq., of the United States Code. 2. State: Water Pollution Act, Chapter 90.58 RCW State Environmental Policy Act of 1971, Chapter 43.21 C RCW and WAC Chapter 197-11/Title 38 RCW and Chapter 60.28 RCW. 3. Regional: Regulations'I and 1'I - Puget Sound Clean Air Agency. 4. Local: Applicable city ordinance and regulations. B. The successful Bidder shall comply with applicable portions of the listed statutes, ordinances, regulations, conditions, and such other regulatory measures dealing with the prevention of environmental pollution and the,preservation of public natural resources. 5. CITY OF RENTON BUSINESS LICENSE Prior to signing a contract the contractor agrees to purchase a City of Renton Business License and maintain the license in full force and effect throughout the work of the project. License may be purchased from the Finance Department located in the Renton City Hall, Lobby Level, 1055 South Grady Way, Renton, WA. END OF SECTION r�r 00900 PAGE 3 wn THOMAS TEASDALE PARK BOND TO THE CITY OF RENTON FORM KNOW ALL MEN BY THESE PRESENTS: SECTION 00910 That we, the undersigned w. as principal, and corporation organized and existing under the laws of the State of as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum $ for the payment of err which sum on demand we bind ourselves and our successors, heirs, administrators or person representatives, as the case may be. ow 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 2008. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG- providing for construction of Project Name the,principal is required to furnish a bond for the faithful performance of the contract; and WHEREAS, the principal has accepted, or is about to accept, the contract, the undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the principal shall faithfully,perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. Principal Surety rrr Signature Signature Title Title END OF SECTION 00910 PAGE 1 THOMAS TEASDALE';PARK INSURANCE & RELATED REQUIREMENTS SECTION 00920 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 rrr basis, including: • Premises and Operations (including CG 2503 general aggregate to apply per project if applicable) Explosion, Collapse and Underground Hazards Products/Completed Operations • Contractual Liability (including Amendatory Endorsement CG 0043 or equivalent which includes defense coverage assumed under contract) Broad Form Property Damage • Independent Contractors Personal/Advertising Injury • Stop Gap Liability (2) Automobile Liability including all Owned Vehicles Non-Owned Vehicles • Hired Vehicles rr (3) Worker's 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 o 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 00920 PAGE 1 THOMAS TEASDALE PARK INSURANCE & RELATED REQUIREMENTS SECTION'00920 so 2. Automobile Liability Bodily Injury/Property Damage $1,000,000 (Each Accident) 3. Worker's Compensation Statutory Benefits—Show Washington Labor& Industries Number 4. Umbrella Liability Each Occurrence Limit $1,000,000 General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 PART 3. ADDITIONAL REQUIREMENTS CONTRACTOR shall Name CITY OF RENTON, and its officers, officials, agents, employees and volunteers as Additional Insureds (ISO Form CG 2010 or equivalent). CONTRACTOR shall provide CITY OF RENTON Certificates of Insurance and copies of policies, if at our sole discretion it is deemed appropriate. Further, all policies of insurance described above shall: 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, cancelled or materially changed or altered unless forty- five (45) days prior written notice is provided to CITY OF RENTON. Notification shall be in 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." 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 coverage is in force. 6. Required insurance coverage shall be maintained throughout the term of this contract, except Automobile Liability and Worker's Compensation, for a period of two (2) years after the date of substantial completion of the project. 00920 PAGE 2 am THOMAS TEASDALE PARK INSURANCE & RELATED REQUIREMENTS SECTION 00920 7. On all Certificates of Insurance, the Certificate Holder shall be fisted as "City of Renton, Washington,Attention: Todd Black, Project Manager." END OF SECTION wr r w. m m ■. wr �w +rr rr 00920 PAGE 3 +rr +nr �rrr DIVISION 1 THOMAS TEASDALE PARK SUMMARY OF WORK SECTION 01010 rr PART GENERAL 1.01 Work Covered by the Contract Documents: A. General Description of the Work: The Thomas Teasdale'Park will be renovated per drawings and specifications. The project includes the following types of work: a. Demolition and site preparation, temporary erosion & sedimentation control, 'traffic control, sod stripping, infield soil removal, removal of existing gate for reuse and removal of miscellaneous items. b. Earthwork including hauling of unsuitable soils and importation of r structural fill. C. Storm drainage including curtain drain. d. Concrete footings. e. Granular surfacing including crushed rock surfacing, infield soil (Add Alt#2) and sand organic surfacing. f. Reinstallation of existing gate. it g. Irrigation, topsoil, turf restoration (Add Alt#1), and seeding prior to September 12, 2008. h. Maintenance through final acceptance. B. Base Bid: The Base Bid work includes all work defined in the Contract Documents, except for turf restoration work specifically identified as Additive Alternate#1 and infield soil replacement identified as Additive Alternate#2 in the Contract Documents. C. Additive Alternate#1 —Outfield Turf Restoration: Add Alt#1 includes restoration of existing turf in the playfield outfield area as defined in these specifications and on the drawings. Base bid includes the"re- grading", drainage and irrigation work in the existing turf areas in the outfield. w■ D. Additive Alternate#2— Infield Soil Replacement: Add Alt#2 includes removal of existing infield soil inside the limits of the new infield edge, and installation of new infield soil and irrigation in the same area as defined in these specifications and on the drawings. Base bid includes removal of infield soil outside the new infield line and replacement with new turf. ` 1.02 SCOPE A. The work included in this contract is defined on the drawings listed in Section 00800, and within these specifications. B. The work under this contract is to;provide and furnish and/or install all labor, materials and equipment, as may be required to complete the work identified and described in these documents. .. D. The Contractor will salvage designated sign and for reinstallation, and irrigation rotors under this contract. 01010 PAGE 1 THOMAS TEASDALE PARK SUMMARY OF WORK SECTION 01010 1.03 LOCATION r The work area for the contract is in Thomas Teasdale Park in Renton, WA. 1.04 ACCESS TO SITE The Contractor shall have access to the construction site from South 23`d Street. Parking and lay down area is provided on the park site. 1.05 OWNER-FURNISHED MATERIAL FOR CONTRACTOR INSTALLATION None. 1.06 PREORDERED MATERIALS None. 1.07 ENGINEERING AND INSPECTION The engineers, inspectors, and consultants of the City of Renton will perform the necessary inspection work except as otherwise specified in the Contract Documents. 1.08 COORDINATION A. The Contractor shall coordinate its activity with the City of Renton to minimize interference with City activities and roadway traffic. All costs associated with coordination of the work shall be considered incidental to the related bid items of work. w B. The Contractor shall coordinate site construction activities including site access, parking and lay-down areas with roadway traffic. The Contractor shall keep traffic on adjacent roadways open to traffic with minimum time delays and disruptions. 1.09 WATER QUALITY MONITORING Contractor shall provide water quality monitoring as required to demonstrate compliance with related project permits and approvals. Water quality monitoring procedures shall be described in the Work Plan and Quality Assurance Plan to be submitted and approved by the City prior to commencing work. 1.'10 TRAFFIC CONTROL A. During the course of the work, the Contractor shall be responsible for providing adequate flaggers, signs, and other traffic control devices for the protection of the Contractor's work and the public. Flagging, signs, and all other traffic control devices furnished shall conform to established Washington State Department of Transportation standards. Contractor shall be liable for injuries and damages to �r 01`010 PAGE 2 THOMAS TEASDALE PARK SUMMARY OF WORK SECTION 01010 rr persons and property suffered by reason of the Contractor's operations or any negligence in connection with traffic control activities. " B. See Section 0'1570 —Traffic Regulation. END OF SECTION r wr �r aw w im m r. 01010 PAGE 3 'r THOMAS TEASDALE PARK SPECIAL PROVISIONS SECTION'01015 PART1 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. 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, rr "The item shall be...", or"The item shall include...", and the Contractor shall provide all items, articles, materials, and operations'listed; including all labor, material, equipment and incidentals required for satisfactory installation and completion of the work. C. Definitions: The following terms are used in the Contract'Documents and are defined as follows: 1. The terms"approved" and "for approval" mean "approved in writing by the Architect" and "for the Architect's written approval". 2. The term "coordinate" means "satisfactorily combine the work of all 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 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. w 01015 PAGE 1 rr THOMAS TEASDALE PARK ' SPECIAL PROVISIONS SECTION 01015 ►rr The respective manufacturer's or manufacturers' standard specification for 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 to the Contractor, and may not always occur, or always reference all related work or requirements in other sections. The Contractor shall be responsible for conformance to these entire specifications, and shall be responsible for insuring that all requirements and work in separate sections, whether referenced or not for his convenience, are properly coordinated and executed. 1.03 STANDARD SPECIFICATIONS A. Reference in the technical divisions of these specifications to standard date of the following organizations shall mean the latest edition at the date noted on the specification book, unless otherwise noted. The Contractor shall conform with said standard requirements when reference is made thereto as if the data were repeated verbatim in the specifications, except where standard data are supplemented and modified by the Specifications. B. Abbreviations: Standard data of the following organizations are referenced in the specifications, and the organization names are abbreviated as noted. AAN: American Association of Nurserymen, 835 Southern Bldg., Washington, D.C. 20006 ACI: American Concrete Institute, P.O. Box 4754, Redford Station, Detroit, Michigan 48219 ' AIA: American Institute of Architects, 1735 New York Avenue, Washington, D.C. 20006 ANSI: American National Standards Institute, 1430 Broadway, New wn York, N.Y. 10018 APWA: American Public Works Association, Washington State Chapter, Olympia, Wa. 98504 ASTM: American Society for Testing & Materials, 1916 Race St., Philadelphia, Pa. AWI: Architectural Woodwork Institute, 13924 Braddock Road, rw Centreville, Va. 22020 AWS: American 'Welding Society, 33 West 39th Street, New York, N.Y. 100d18 AWWA: American Water Works Association, 2 Park Avenue, New York, N.Y. 10000 CRSI: Concrete Reinforcing Steel Institute, 38 South Dearborn St., Chicago, 111. CS: Commercial Standard of the U.S. Department of Commerce, Washington, D.C. 20025 CSI: Construction Specifications Institute, 1717 Massachusetts Ave. N.W., Washington, D.C. 20036 �r 01015 PAGE 2 .. THOMAS TEASDALE PARK SPECIAL PROVISIONS SECTION 01015 +wr DPFA: Douglas Fir Plywood Association, now known as American Plywood Association, P.O. Box 1337, Tacoma, Wash. 98401. 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,111. 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 U1_: Underwriter's Laboratories, 333 Pfinsten Road, Northbrook, 1'!11. 60062 WPWA: Washington Public Works Association ow WWPA: Western Wood '`Products Association, Yeon Building, Portland, Oregon 97204 WSDOT: Washington State'Department of Transportation 1W 1.04 PROTECTION so 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 no 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 as an accurate record of cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance, or operation. B. Protection of Property: The Contractor shall at its own expense carefully protect from injury trees (other than those authorized for removal under 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 01015 PAGE 3 �r THOMAS TEASDALE PARK 16 SPECIAL PROVISIONS SECTION 01015 No breaking of water mains or service pipes and shall be responsible for determining actual locations of public and private utilities in the field and checking with the appropriate agencies involved. The Contractor shall be No solely responsible for any damage resulting from his operations. C. Payment by the Owner for materials or equipment stored on site or off site, or No for work, does not relieve the Contractor of his responsibility to incorporate said materials and equipment into the work, and for protecting these materials, equipment and work from damage, theft, or destruction. of 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. wM 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 01015 PAGE 4 THOMAS TEASDALE PARK SPECIAL PROVISIONS SECTION 01015 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 liquidated damages or any excess cost when the delay in completion of the work is due: 1. To any preference, priority or allocation order duly issued by the Government, and 2. To unforseeable cause beyond the control and without the fault or negligence of the Contractor, including but not limited to, acts of God, or ow 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, d 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. aw 1.07 PRE-CONTRACT CONFERENCE After opening of Bids and before the signing of the Contract, the successful;Bidder ,rr shall meet with the Owner within 45 days of bid opening to coordinate the Progress Schedule and to discuss other requirements that maybe of concern to any of the parties involved; conditions mutually agreed upon at this conference may be aw incorporated into the Contract. 1.08 PAYMENTS r. A. Progress Payments: Progress payments will be made based upon the value of the work performed and of the materials suitably stored at the site as determined by the Owner less the aggregate of any previous payments and retainage. Refer to Section 01027 for Application for Payment. B. Retainage will be held back at 5% of each pay request. Retainage will be held in an account at the direction of the Contractor, per the forms included in these documents. Any costs associated with holding these funds in any account shall be borne by the Contractor. Retainage shall be available to the Owner to meet obligations which the Contractor incurs but does not meet, or to meet obligations to the Owner incurred through conditions of the contract. Retainage does not relieve the Contractor of any obligations of the contract, +r nor of any financial obligation which retainage is not sufficient to meet. r 01015 PAGE 5 THOMAS TEASDALE PARK SPECIAL PROVISIONS SECTION 01015 Retainage or use of retainage shall not reduce the Contractors requirements under the contract. . ru 1.09 INSTRUCTIONS All instructions will be given to the Contractor, or to his authorized agent, by the Architect for distribution to subcontractors or tradesmen on the Work; in like manner all communication from subcontractors and tradesmen on the Work to the Owner or Architect will be given through the Contractor; no subcontractors or tradesmen shall contact the Owner or Architect to discuss the Work, except as the Contractor may arrange. ari 1.10 HAZARDOUS AND TOXIC SUBSTANCES A. Raw Sewage Liquids: Raw sewage liquids, without solids, removed from a manhole or sewer main may be disposed of in a City owned sewer manhole with the approval by the Owner's field representative for each manhole �w location. B. The following toxic substances may not be disposed into the City's sewage system and must be disposed off site per all applicable laws and regulations at the expense of the Contractor: 1. Solids: Any solids removed from the manhole being serviced, including, but not'limited to, rocks, concrete, vegetation, wood products and by- products. 2. Flammable or Explosive Material: Flammable liquids, solids, or gases capable of causing or contributing to explosion or supporting combustion in any sewerage facilities including, but not limited to, the following: fuel 'r'f 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. 01015 PAGE 6 °' THOMAS TEASDALE PARK SPECIAL PROVISIONS SECTION 01015 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. rrr 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 WORKS'ITE 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 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 err until the time of acceptance. �r END OF SECTION .r 01015 PAGE 7 THOMAS TEASDALE PARK MEASUREMENT AND PAYMENT SECTION'01025 PART GENERAL 1.01 RELATED WORK DESCRIBED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and other sections of the General Requirements, apply to this work as if specified herein. 1.02 MEASUREMENT OF QUANTITIES A. In measuring all acceptably completed bid items of work,the Engineer will use United States standard measure, make all measurements as described in this section unless individual Specifications require otherwise,follow methods generally recognized as conforming to good engineering practice, conform to the usual practice of carrying measurements and computations to the»proper significant figure or fraction of units for each item, and measure horizontally or vertically unless otherwise specified. B. The basis of measurement for the items of work listed in the Bid Form shall be as follows: 1. "Lump Sum" or"Each"— Measured as a;complete unit. Partial payment for lump sum<items, if made, shall be based on the completed;percentage of the related work as determined by the Engineer. All items on the bid form are "Lump Sum". The following basis for measurement is provided in the event that they are needed for additions or deletions or to the work. 2. "Cubic Yard" or"Cubic Foot" Measurement shall be based on in situ and final in-place dimensions. Volumes shall be determined by the average-end- area method, or other computation methods approved by the Engineer. Volume calculations for subaqueous work may be based on elevations and i.. other data derived by bathymetric survey methods. 3. "Ton"—2,000 pounds of avoirdupois weight. The pay quantity shall be computed based on actual weight in the hauling vehicle. For each truckload, the Contractor shall furnish to the Engineer a certified weight ticket from the material supplier. Certified weight tickets shall clearly indicate the date, material supplier, project name, bid item number, material description, and weight of the material delivered. 4. No measurement will be made for: a. Work performed or materials placed outside lines shown on the plans or established by the Engineer. b. Materials wasted, used, or disposed of in a manner contrary to the Contract. c. Rejected materials, including those rejected after placement if the rejection resulted from the Contractor's failure to comply with the Contract. d. Hauling and disposing of rejected materials. 4W 01025 PAGE 1 w THOMAS TEASDAL'E PARK MEASUREMENT.AND PAYMENT SECTION 01025 e. Material remaining on-hand after the work is complete, unless otherwise specified. f. Any work or material contrary to any Contract provisions. „ 1.03 PAYMENT A. The basis of payment will be the actual quantities of work performed according to the Contract and as specified for payment. Lump sum items will be paid based on the percentage of the work item completed. B. Payments will be made for work and labor performed and materials furnished under the Contract according to the lump sum or unit prices listed in the>Bid Form unless otherwise provided. The contract unit prices shall be full payment to the " Contractor for: 1. Furnishing all materials and performing all work under the Contract (including we changes in the work, materials, or plans) in a complete and acceptable manner. 2. All risk, loss, damage, or expense of whatever character arising out of the nature or prosecution of the work. 3. All expense incurred resulting from a suspension or discontinuance of the work as specified under the Contract. B. The payment of any estimate or retained earnings shall not relieve the Contractor ' of the obligation to correct any defective work or materials. C. Unless the Contract documents provide otherwise, the unit contract prices for the ow various bid items shall be full payment for all labor, materials, supplies, equipment, tools, and incidentals required to completely incorporate the item into the work as though the item were to read "In Place." 1.04 DELETED OR TERMINATED WORK Sri The City of Renton may delete work by change order or may terminate the contract in whole or in part as provided in Section 00700 General Conditions. When the Contract is terminated in part, the partial termination shall be treated as a deletion<change order .r for payment purposes under this section. 1.05 INCREASED OR DECREASED QUANTITIES Adjustments due to increased or decreased quantities will be made in accordance with Section 00700 - General Conditions. 01025 PAGE 2 .r ow THOMAS TEASDALE''PARK MEASUREMENT AND PAYMENT SECTION 01025 to PART 2 PRODUCTS NOT APPLICABLE .ir PART 3 EXECUTION NOT APPLICABLE rr END OF SECTION w gr to .w irr ww .r on err 01025 PAGE 3 r THOMAS TEASDALE;.PARK APPLICATION FOR PAYMENT SECTION 01027 PART GENERAL 1.01 SECTION INCLUDES Submit Application for Payment based upon Schedule of Values previously submitted to and approved by the Owner's Representative. �r 1.02 PREPARATION OF APPLICATION FOR EACH'PROGRESS PAYMENT A. City of Renton Application for Payment: 1. Fill in required information. a. Include'Change Orders approved prior to Application submittal date. w 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; wr notarized. B. Continuation Sheets: ow 1. Totally fill in all schedule component work items. 'Show item number/scheduled dollar value/item Schedule of Values/01370. 2. Fill in dollar value in each column for each scheduled line item. a. Round off values to nearest dollar/Tally Sheet. b. If no work has been ,performed,show"0." 3. At end of continuation sheets, list each Change Order approved prior to submission date. a. List by Change Order Number, and description, as for an original component item of work. b. Show WSST as a separate item and including a separate item for each change order. 1.03 SUBMITTAL PROCEDURE rr 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. wr END OF SECTION .r 01>s027 PAGE 1 w. THOMAS TEASDALE'PARK CHANGE ORDERS SECTION 01028 PART 1 GENERAL w 1.01 SECTION INCLUDES Promptly implement change order procedures including: 1. Submittals 2. Documentation of change in Contract,Sum/Price and Contract Time 3. Change procedures 4. Construction change directives 5. Unit;price change orders 6. Execution of change orders 7. Correlation of contractor submittals err 1.02 SUBMITTALS A. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or subcontractors of changes to the Work. VW B. Change Order Forms: City of Renton, Community Services Department form 1.03 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME A. Submit detailed records of work to be done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. C. On request, provide additional data to support computations: ,.. 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. D. Support each claim for additional costs, and for work done on a'time and material basis, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. wr .. 01028 PAGE 1 THOMAS TEASDALE,PARK to CHANGE ORDERS SECTION 01028 r 1.04 CHANGE PROCEDURES A. Owner will advise of minor changes in the Work not involving an adjustment to Contract sum or Contract Time as authorized by The General Conditions to the Contract, Paragraph 7.4. B. The Owner's Representative may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change and the period of time during which the requested,price will be considered valid. Contractor will prepare and submit an estimate within 5 days. C. The Contractor may propose a change by submitting a request for change to the Owner, describing the proposed change and its full effect of the Work, with a statement describing the reason for the change, and the effect of the Contract/Sum Price and contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. 1.05 CONSTRUCTION CHANGE DIRECTIVE—EMERGENCY CONDITIONS A. Owner may issue a document, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order only under emergency conditions or as authorized by the Owner. B. The document will describe changes in the Work, and will designate method of determining any change in Contract Sum or Contract Time. C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. E. Promptly execute the change in Work. 1.06 UNIT PRICE CHANGE ORDER ,r For pre-determined unit prices and quantities, the Change Order will be executed on a 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. w 01028 PAGE 2 THOMAS TEASDALE PARK CHANGE ORDERS SECTION 01028 1.08 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum. B. Promptly revise construction schedules to reflect any change in Contract Time, revise sub-schedules to adjust time for other items of work affected by the change, and resubmit. r C. Promptly enter changes in Project Record Documents. END OF SECTION wr wr wr wr r 01028 PAGE 3 wr N THOMAS TEASDALE PARK REGULATORY REQUIREMENTS SECTION 01060 PART 1 GENERAL 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 variations from legal requirements. C. Compliance requirements include, but are not limited to following: 4w 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 ow 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. rrr D. Specification of Higher Standards: Drawings and Specifications govern whenever Drawings and Specifications require higher standards than are required by 4W governing codes, regulations, and the like. E. Jurisdiction Inspection Reports: Contractor shall immediately submit a copy to the wr architect and owner upon receipt of all on-going inspection reports made by the city, county, or state regulatory agencies pertaining to the construction and construction procedures. Contractor shall request from inspection agency that all inspection comments be made in writing and cite specific sections of code, rules or regulations being referenced. END OF SECTION ww .. 01060 PAGE 1 THOMAS TEASDALE PARK MEETINGS SECTION 01200 w. PART 1 GENERAL *W 1.01 PRECONSTRUCTION MEETING A. Notification Following the award, the City will notify the selected bidder of the time and date of the preconstruction meeting. B. Location The preconstruction meeting will be held at Thomas Teasdale Park,'601 South 23rd Street, Renton, WA 98055. C. Attendance wr The following are requested to attend: 1. City of Renton representatives a. Project Engineer(s) b. Consultant 2. Contractor's representatives a. Project Manager(Superintendent) b. Contract Administrator aw C. Major Subcontractors D. Suggested Agenda 1. Communications and routing 2. Precontract'Submittals r„► a. Certificate of Insurance b. Performance Bond C. Labor and Materials Payment Bond d. Schedule of Values 3. Execution of the Contract 4. Discussion of the General Conditions 5. Discussion of the Special Conditions 6. Discussion of the General Requirements 7. Discussion of the Technical Specifications 8. Site visit 1.02 PROGRESS MEETINGS A. The City will schedule and administer weekly progress meetings throughout progress of the work. B. The City will arrange meetings; prepare standard agenda with copies for participants; preside at meetings; and record minutes and distribute copies within .. 01200 PAGE 1 to THOMAS TEASDALE PARK MEETINGS SECTION 01200 ten working days to the Contractor, meeting participants, and others affected by decisions made. C. Attendance is required for the Contractor's job superintendent, major subcontractors and suppliers,'Engineer, and City's representative as appropriate to the agenda topics for each meeting. D. Standard Agenda 1. Review minutes of previous meeting 2. Review of work progress 3. Field observations, problems, and decisions 4. Identification of problems that impede planned progress ' 5. Maintenance of progress schedule 6. Corrective measures to regain projected schedules 7. Planned progress during succeeding work period 8. Coordination of projected progress 9. Maintenance of quality and work standards 10. Effect of proposed changes on progress schedule and coordination 11. Demonstration that the,project record drawings are up-to-date 12. Other business relating to the work END OF SECTION wr wry Ilk 01200 PAGE 2 r w. THOMAS TEASDALE PARK SUBMITTALS SECTION 01300 PART1 GENERAL ow 1.01 RELATED WORK DESCRIBED ELSEWHERE A. The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and other sections of the General Requirements, apply to this work as if specified in this Section. B. Division 1 contractual requirements for submittals: Section 00800, Supplementary Conditions C. Individual submittals required in accordance with the pertinent sections of these �w► specifications. PART 2 PRODUCTS 2.01 COMPLIANCE Failure to comply with these requirements shall be deemed as the Contractor's agreement to furnish the exact materials specified or materials selected by the Architect based on these specifications. 2.02 SHOP DRAWINGS A. The City of Renton will not accept shop drawings that prohibit the City from making sepias or copies for its own use. •w B. Quality: Shop drawings shall be prepared accurately to scale sufficiently large enough to indicate all pertinent features of the products and the method of fabrication, connection, erection, or assembly with respect to the work. C. All drawings submitted to the Architect for this approval shall be drawn on sheets that are 22 inches wide by 34 inches long in overall dimensions or on small sheets that are multiples of 8-1/2 inches by 11 inches. D. Type of prints required: The Contractor shall submit six prints or copies of all shop drawings or supplemental working drawings in accordance with the General Conditions. 2.03 MANUFACTURERS' LITERATURE A. The Contractor shall submit six (6) copies of manufacturers'literature for approval. B. Catalog cuts or brochures shall show the type, size, ratings,style, color, manufacturer, and catalog number of each item and be complete enough to provide for positive and rapid identification in the field. Catalog data shall be .. submitted in an orderly bound form. General catalogs or partial lists will not be accepted. aw 01300 PAGE 1 r THOMAS TEASDALE PARK SUBMITTALS SECTION 01300 2.04 SAMPLES A. The sample submitted shall be the exact or precise article proposed to be furnished. B. Samples, color chips, finish styles, etc., shall be submitted in sufficient number as to provide the Architect with alternate choices. 2.05 SUBSTITUTIONS A. The Contract is based on the materials, equipment, and methods described in the contract documents. B. The Engineer will consider proposals for substitutions of materials, equipment, and methods only when such proposals are accompanied by full and complete technical data and all other information required by the Architect to evaluate the proposed substitution. C. Do not substitute materials, equipment, or methods unless such substitution has been specifically approved in writing for this work by the Architect. D. Requests for substitutions may be made after award. Such requests shall be accompanied by all technical data and costs, and delivery information. When, in the sole opinion of the Architect, the product is<equal or better in all respects to the product specified, it will be approved subject to contract requirements and the Contractor's assumption of all responsibility therefore. E. After written approval, this submission shall become a part of the Contract, and may not be deviated from except upon written approval of the City. F. Catalog data for equipment approved by the Architect does not in any case supersede the contract documents. The approval by the Architect shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless Contractor has in writing called the Architect's attention to such deviations wi► at the time of the submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the contract documents for deviations and errors. G. It shall be the responsibility of the Contractor to ensure that items to be furnished fit the space available. Contractor shall make necessary field measurements to ascertain space requirements, including those for connections and shall order such sizes and shapes of equipment that the final installation shall suit the true intent and meaning of the drawings and specifications. H. Where equipment requiring different arrangement of connections from those shown as approved is used, it shall be the responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent on the drawings and specifications, and to make all changes in the work required by the different 01300 PAGE 2 THOMAS TEAS`DALE PARK SUBMITTALS SECTION 01300 arrangement of connections together with any cost of redesign necessitated thereby, all at Contractor's expense. " I. Where the phrase "or equal"or"or equal as approved by the Architect" occurs in the contract documents, do not assume that material, equipment, or methods will be approved as equal by the Architect unless the item has specifically been approved for this work by the Architect. J. The decision of the Architect shall be final. PART 3 EXECUTION 3.01 TRANSMITTALS A. General: The Contractor shall submit all shop<drawings, catalog cuts, brochures and mailable samples accompanied with a transmittal form supplied by the City. Six copies of each submittal shall be transmitted. B. Preparation: A separate submittal form shall be prepared for each product or procedure and shall be further identified by referencing the Specification, the Section number and paragraph number. Each submittal shall be numbered consecutively. C. Mailing: The original shall be sent in every instance and will be the Contractor's record and final correspondence for every submittal. 3.02 COORDINATION A. Shop and detail drawings shall be submitted in related packages. All equipment or material details that are interdependent or are related in any way must be „■ submitted indicating the complete installation. Submittals shall not be altered once approved for construction. Revisions shall be clearly marked and dated. Major revisions must be submitted for approval. B. The Contractor shall thoroughly review all shop and detail drawings, prior to submittal, to ensure coordination with other parts of the work. The Contractor's failure to do this will be the cause for rejection. Submittals shall bear this approval stamp and initials. C. Components or materials that require shop drawings, and which arrive at the job " site prior to approval of shop drawings, shall be considered as not being made for this project and shall be subject to rejection and removal from the premises. wr END OF SECTION r +w 01300 PAGE 3 THOMAS TEASDALE PARK SHOP DRAWINGS, PRODUCT DATA, & SAMPLES SECTION 01340 PART 1 GENERAL 1.01 SECTION INCLUDES ~ Submit Shop Drawings, Product Data and Samples:required by the Contract Documents. PART 2 PRODUCTS 2.01 PRODUCT DATA raw Clearly identify on each copy, as applicable: • Pertinent products or models; performance characteristics yr 2.02 SAMPLES Office samples shall be of sufficient size pnd quantity to clearly illustrate: Products'functional characteristics with integrally;related parts and attachment devices; and full range of color and texture. 2.03 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in the submittals required by the Architect and resubmit until approved. B. Shop"Drawings and Product Data: Revise initial drawings or data, and resubmit as specified for the initial submittal. 2.04 ARC'HITECT'S REVIEW RESPONSIBILITIES Reviewing is only for general conformance and compliance with Project Design concept and Contract Documents. Any action shown is subject to Contract Documents' requirements. Contractor is responsible for: 1. Dimensions (confirm and correlate at job site). 2. fabrication processes; construction techniques. 3. Quantities, space requirements, coordination of work with that of other trades. 4. Union jurisdiction,<infringements of patent rights. 5. Possible cause of injury to persons or property. err 6. Satisfactory performance of your work, and the like. w. END OF SECTION •w 01340 PAGE 1 THOMAS TEASDALE PARK SCHEDULE OF VALUES SECTION 01370 PART 1 GENERAL 1.01 SECTION INCLUDES A. Within fourteen (14) days after signing contract and before the first application for first payment is made, submit Schedule of Values typed on referenced AIA documents G702- 703 or facsimile to Architect. 1. Provide support data for values, if requested. 2. Use Schedule as basis for Application for Payment. rw 1.02 FORM AND CONTENT OF SUBMITTAL A. Generally follow Project Manual Table of Contents, as the format for Fisting components: 1. Identify each line item with title of respective major Specification Section. 2. Include in each item a directly proportionate amount of Contractor's overhead and profit. 3. For items on which progress payments will be requested for stored materials, break down the cost into: " a. The cost of materials, delivered and unloaded. b. Total installed value (less taxes). C. Show Washington Sales Taxes as a separate item. 4. For each line item of installed value exceeding $20,000, show breakdown by major products or operations under each item. 5. Round-off figures to nearest dollar amount. 6. Make sum of total scheduled costs>equal to Contract sum. END OF SECTION rw 01370 PAGE 1 THOMAS TEASDALE PARK QUALITY CONTROL PART GENERAL SECTION 01400 1.01 REQUIREMENTS INCLUDE A. General Quality Control B. Workmanship C. Manufacturer's Instructions D. Testing Laboratory Services 1.02 QUALITY CONTROL, GENERAL w A. Maintain quality control over subcontractors and suppliers, manufacturers, products, services, site conditions, delivery schedules, and workmanship, to produce work of specified quality. 1.03 WORKMANSHIP rrw A. Comply with industry standards r 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 w withstand stresses, vibration, and racking. 1.04 MANUFACTURERS INSTRUCTIONS w• A. Comply with instructions in full detail, including each step in sequence. Should instructions conflict with Contract Documents, request clarification from Architect before proceeding. 1.05 TESTING LABORATORY SERVICES A. Owner will employ and pay for services of an Independent Testing Laboratory to perform inspections, tests, and other services required by individual Specification Sections and by governing authorities. B. Services will be performed in accordance with requirements of governing authorities;and with specified standards. C. Reports will be submitted to Architect/Owner in triplicate giving observations and results of tests, indicating compliance or non-compliance with specified acceptable standards and with Contract Documents. END OF SECTION 01400 "" PAGE 1 wo THOMAS TEASDALE PARK INSPECTIONS &TESTS SECTION 01430 PART GENERAL 1.01 SCOPE A. When testing is required, special inspection and>laboratory services obtained by the Owner are solely an assurance that Contract Document provisions are met. Results of Owner-procured tests and inspections may be made available to the Contractor as a convenience only. In no way is this to be construed as relieving the Contractor of his obligations to provide materials and workmanship in accordance with the specifications. bw 1.02 COSTS ,■, A. Except as specified elsewhere, the Owner will select and pay for all initial services of the testing laboratory for tests not required by public regulatory authorities. When initial tests indicate non-compliance with the Contract Documents, the costs of initial tests associated with that non-compliance will be deducted by the Owner from the Contract Sum. All subsequent re-testing will be performed by the same testing laboratory and the costs of any test not in compliance will be deducted from the Contract Sum. 1.03 CODE COMPLIANCE TESTING A. 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 A. Promptly process and distribute all required copies of test reports and related •w instructions. 1.05 DUTIES OF INSPECTORS AND TESTING SERVICES w A. General: Inspection and testing services may be engaged by the Owner for the checking and testing of the following phases of the Work. B. Sitework: 1. Earthwork: Inspect excavations for conformance with specifications. 2. Depth and Class of material: Test surfacing for specified depth and class. 4. Material make-up: Test for compliance with specifications. wr 1.06 CONTRACTOR'S RESPONSIBILITY A. Notification: 1. Notify Owner's Representative at least 48>hours before inspection will be required. 2. Notify testing laboratory sufficiently in advance of operations (not less than 48 hours)to allow for laboratory assignment of personnel and scheduling of tests. 4r 01430 PAGE 1 THOMAS TEASDALE PARK INSPECTIONS &TESTS SECTION'01430 B. Defective Work: Remove and replace or bring into conformance with the Contract Documents any materials and work found defective by testing and inspection personnel at no additional cost to the Owner. C. Adherence to Schedule: When the testing laboratory is ready to test according to the determined schedule but is prevented from testing or taking specimens due to incompleteness of the work, all extra costs attributable to the delay may be charged to the Contractor. END OF SECTION w+ 01430 PAGE 2 do THOMAS TEASDALE PARK CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS SECTION 01500 PART1 GENERAL 1.01 REQUIREMENTS INCLUDE: A. Protection of Utilities B. Barriers C. Protection of Property D. Erosion and Sediment Control E. Noise Control wr F. Automobile Parking G. Pollution Control wr 1.02 PROTECTION OF UTILITIES A. The Contractor is responsible for location and protection of all existing utilities. The 'Contractor shall at his own expense carefully protect from injury trees, buildings, telephone, telegraph or power and light poles, water lines, conduit, drains, culverts or any other structures and improvements at no cost to the Owner, leaving them in as good condition as they were prior to his interference, determined by the Architect; and the Contractor shall be liable for any damages or claims;arising from these interferences with said structures. The Contractor shall ;make every effort to avoid damage to or breaking of water mains or service pipes and shall be responsible for determining actual locations of public and private utilities in the field and checking with the appropriate agencies involved. The Contractor shall be solely responsible for any damage resulting from his operations. ., B. The adjacent roads will be open to the public during the 'Work, and the Contractor will make every effort to avoid disruptions to traffic during construction. �w 1.03 BARRIERS A. Make provisions to prevent public entry to the site, and to protect existing sidewalks, plantings, and adjacent properties'from damage by construction operations. wr B. Provide temporary fencing as necessary to prevent public entry into the project area. C. Provide barricades as required by governing authorities for protection of the public in the public right-of-way. Maintain usable sidewalk access as much as practical during demolition operations_ D. Provide for maintaining vehicular traffic around site, and prevent spillage of materials on public streets. 01500 PAGE 1 THOMAS TEASDALE'PARK CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS SECTION 01500 1.04 PROTECTION OF PROPERTY .r A. Provide temporary protection of existing improvements on adjacent properties and in public right-of-way areas beyond the property lines. Protect improvements from construction traffic and movement of heavy objects. B. Protect during the entire project: 1. Utilities, adjacent structures and sidewalks 2. Trees and shrubs. C. Repair or replace any damaged items. 10 1.05 EROSION AND SEDIMENT CONTROL A. Set up temporary erosion control facilities as needed and required to prevent sediments entering into the existing storm water system. B. Separate sedimentation from water before discharging into storm system. 1.06 NOISE CONTROL A. Verify with City the allowable noise producing demolition work hours for each day of the week. Comply with local noise ordinances if more stringent than noted herein. B. In addition to the Noise Ordinance requirements, to reduce the noise ;impact of demolition on nearby properties, limit the hours of demolition to between 7:00 a.m. and 5:00 p.m. 1.07 AUTOMOBILE PARKING A. Workers' automobiles may parked in the parking lot on the park site. 1.08 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of<noxious, toxic substances, and pollutants produced by wo any construction operations. B. Excess dust created during demolition work shall be reduced to a minimum by spraying of water by the demolition contractor. END OF SECTION 01500 PAGE 2 0 im THOMAS TEASDALE PARK ENVIRONMENTAL CONTROLS SECTION 01560 PART1 GENERAL 1.01 RELATED WORK DESCR'I'BED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and other sections of the General Requirements, apply to this work as if specified in this section. 1.02 DESCRIPTION OF WORK The work includes the requirements to maintain environmental controls by the Contractor until the acceptance of the Work. The work also includes compliance with all controls or ordinances with respect to safety, noise, dust, and traffic. 1.03 SITE MAINTENANCE The Contractor shall keep the work site, staging areas, and Contractor's facilities clean and free from rubbish and debris. Materials and equipment shall be removed from the site when they are no longer necessary. Upon completion of the work and before final acceptance, the work site shall be cleared of equipment, unused materials, and rubbish to present a clean and neat appearance in conformance with the present condition of the site. A. Site Preparation 1. The Contractor shall prepare a Surface Water Pollution Prevention Plan (SWPPP) prior to construction activity. �. 2. The Contractor shall prepare a Spill'Prevention, Containment and Countermeasure (SPCC) Plan prior to the start of construction activity (per paragraph 1.08). B. Clean-Up 1. Waste material of any kind shall not be permitted to remain on the site of the work or on adjacent streets. Immediately upon such materials becoming unfit for use in the work, they shall be collected, removed from the site, and disposed of by the Contractor. 2. The Contractor shall keep all buildings occupied by the Contractor clear of all refuse, rubbish and debris that may accumulate from any source and shall keep them in a neat condition to the satisfaction of the Architect/Owner. 3. In the event that waste material, refuse, debris and/or rubbish are not removed from the work by the Contractor, the City reserves the right to have the waste material, refuse, debris and/or rubbish removed. The expense of ' the removal and disposal will be charged to the Contractor. too wry 01560 PAGE 1 THOMAS TEASDALE PARK ENVIRONMENTAL CONTROLS SECTION 01560 4. Paints, solvents, and other construction materials shall be handled with care to prevent entry of contaminants into storm drains, air, groundwater, surface waters, or soils. The Contractor shall be responsible for all cleanup costs, fines and/or penalties incurred as a result of improper handling of materials used to perform the work. C. Street and Parking Lot Cleaning 1. The Contractor shall be responsible for preventing dirt and dust from escaping from trucks entering or departing the project site by covering dusty loads,washing truck tires before leaving the site, and/or other reasonable methods. of 2. When working dump trucks and/or other equipment are on paved streets and roadways, the Contractor will be required to clean said streets if required by the City at the conclusion of each day's operations. 3. In the event that the above requirements are violated and no action is taken by the Contractor after notification of infraction by the City, the City reserves the right to have the streets in question cleaned by others and the expense of the operation will be charged to the Contractor. 1.04 FUGITIVE DUST AND AIR POLLUTION CONTROL A. The Contractor shall not discharge smoke, dust, and/or other contaminants into the atmosphere that violate the regulations of any legally constituted authority. The Contractor shall abide by all applicable regulations enforced by the Puget Sound Clean Air Agency. B. The Contractor shall minimize nuisance dust by cleaning, sweeping, vacuum sweeping, sprinkling with water, or other means. The use of water in amounts that result in mud on site or in public streets is not acceptable as a substitute for sweeping or other methods. Equipment for this operation shall be on the job site or available at all times as appropriate. 1.05 NOISE CONTROL Construction involving noisy operations, including starting and warming up of equipment, shall be in compliance with local noise ordinances. Noisy operations shall be scheduled to minimize their duration. The Contractor shall comply with all local controls and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. 1.06 TREE AND PLANT PROTECTION The Contractor shall carefully protect trees and vegetation in all areas within the site designated on the plans and all areas outside of the boundaries of the project site from damage by construction activities. if trees or vegetation are damaged or destroyed by 01560 PAGE 2 .. THOMAS TEASDALE PARK ENVIRONMENTAL CONTROLS SECTION 01.560 r construction, the'Contractor shall replace them with species and grade as required by the Architect, at no cost to the'City. 1.07 SPILL PREVENTION AND CONTROL A. The Contractor shall be responsible for prevention, containment, and cleanup of spilled oil, fuel and other petroleum products used in the Contractor's operations. All such prevention, containment and cleanup costs shall be borne by the Contractor. The Contractor shall prepare a Spill Prevention, Containment and Countermeasure (SPCC) 'Plan. The SPCC plan shall be submitted to the City at least two weeks prior to the start of construction activity. Construction activities r shall not begin>until the City has reviewed and approved the SPCC Plan. B. The Contractor is advised that discharge of oil from equipment or facilities into state waters or onto adjacent land is not permitted<under state water quality regulations. The Contractor will be responsible for all costs, including cleanup, fines or penalties, that are incurred as a result of discharge of oil'from the Contractor's equipment or facilities. C. The Contractor shall, at a minimum, take the following measures regarding oil spill prevention, containment and cleanup: 1. Fuel hoses, lubrication equipment, hydraulically operated equipment, oil drums, and other equipment and facilities shall be inspected regularly for drips, leaks, or signs of damage, and shall be maintained and stored properly to prevent spills. Proper security shall be maintained to discourage vandalism. �r 2. All land-based oil and products storage tanks stored at the project site shall be kept in areas that are diked, have secondary containment or are otherwise located so as to prevent spills from escaping to the ground or water. 3. All visible floating oils on surface water at the project site shall be immediately contained with booms, dikes, or other appropriate means and removed from the water prior to discharge into state waters. All visible oils on land shall be immediately contained using dikes, straw bales, or other appropriate means and removed using sand, ground clay, sawdust, or other absorbent material,which shall be properly disposed of by the Contractor. Waste:materials shall be temporarily stored in drums or other leakproof containers after cleanup and during transport to disposal. Recovered oils and/or waste materials shall be disposed of by the Contractor off site at an approved facility at no cost to the City. 4. In the event of any oil or product discharges into public waters, or onto land with a;potential for entry into public waters, the Contractor shall immediately notify the City of Renton and the following agencies at their listed 24-hour response numbers: 01560 PAGE'3 THOMAS TEASDALE'PARK ENVIRONMENTAL CONTROLS SECTION 01560 National Response Center, 1-800-424-8802 Washington Emergency Management Division, 1-800-258-5990 Ecology, Southwest Regional Office, 360-407-6300 1.08 CONTAMINATED/HAZARDOUS SOILS AND GROUNDWATER A. Contractor's responsibility: 1. The Contractor shall monitor soils, groundwater and waste materials for the presence of contaminants by instructing workers to observe and report questionable materials and odors, such as refuse, oily sheen or color on soils or water, and oily or chemical odors. If hazardous or contaminated materials wi are encountered, the Contractor shall stop all work in that area and notify the Owner and Architect immediately. 2. The Contractor shall be responsible for all matters related to work safety and for detection of contaminated soils and groundwater encountered during the construction as they relate to worker safety. The Contractor shall ensure the protection of the safety and health of construction workers and other authorized persons at the work site from exposure to potential toxic materials. 3. As part of the Contractor's safety program, workers shall be instructed by a specialist on basic methods or techniques to assist workers in detecting hazardous soils or groundwater during construction of this project. B. Notification and Suspension 1. In the event the Contractor'detects the presence of suspicious materials, the Contractor shall immediately notify the City. Following such notification by the Contractor, the City shall in turn notify the various governmental and regulatory agencies concerned with the presence of potentially dangerous �rl materials. Depending upon the type of problem identified, the City may suspend the work in the vicinity of the material discovery. 2. Following completion of any further testing necessary to determine the nature of the materials involved, the City will determine how the material shall be handled and disposed. Although the actual procedures used in resuming the work shall depend upon the nature and extent of the questionable material, the following alternate methods of operation are foreseen as possible: a. Contractor to resume work as before the suspension. b. Contractor to move its operations to another portion of the site until measures to eliminate any hazardous conditions can be developed and approved by the appropriate regulatory agencies. C. The City will direct the Contractor to dispose of the excavated material at an approved legal landfill site or approved treatment facility. In the case of groundwater, provide adequate treatment prior to discharge/reinfiltration or dispose off-site at an approved facility. 01560 PAGE 4 .. THOMAS TEASDALE PARK ENVIRONMENTAL CONTROLS SECTION 01560 r wr PART'2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION r ■ +rr 01560 PAGE 5 THOMAS TEASDALE PARK TRAFFIC REGULATION SECTION 01570 PART 1 -GENERAL 1.01 REQUIREMENTS INCLUDE A. Flagmen B. Flares and Lights C. Haul Routes D. Traffic Signs and Signals E. Removal F. Street Use Permits PART'2 -'PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES rir A. Traffic Cones and Drums, Flares, Lights and Traffic Control Barriers: As required by the City. r B. Flagman Equipment: As required by the City. PART 3 EXECUTION 3.01 REFUSE CONTAINERS Locate refuse containers on-site, where possible, to prevent ,interference with public traffic and public parking. r 3.02 FLAGMEN Provide trained and equipped flagmen to regulate traffic when construction operations or traffic encroach on public right of ways. r 3.03 FLARES AND LIGHTS Use flares and lights during hours of low visibility to delineate traffic lanes and to guide err vehicular and pedestrian traffic. 3.04 HAUL ROUTES Consult with City authorities, establish acceptable public thoroughfares to be used for haul routes and site access. 3.05 TRAFFIC SIGNS AND SIGNALS A. At approaches to site and on-site, install at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B. Relocate as Work progresses, to maintain effective traffic control measures. ■ 01570 PAGE 1 .r THOMAS TEAS!DALE''PARK TRAFFIC REGULATION SECTION 01570 3.06 REMOVAL Remove equipment and traffic control devices when no longer required. Repair damage caused by installation. 3.07 STREET USE PERMITS 16 Obtain street use permits for the work, traffic revisions, and haul routes, as may be required. Provide City with traffic control plan for approval prior to commencing work. END OF SECTION 01570 PAGE 2 .. THOMAS TEASDALE PARK PRODUCT SUBSTITUTIONS SECTION 01630 wr PART 1 GENERAL r 1.01 RELATED DOCUMENTS A. Drawings and,general provisions of Contract,'including General and Supplementary Conditions and other Specification Sections, apply to this Section. 1.02 SUMMARY .. A. This Section specifies administrative and procedural requirements for handling requests for substitutions made after award of the Contract. B. Requests for substitutions will not be considered until after award of the Contract. 1.03 DEFINITIONS A. Definitions used in this Article are not intended to change or modify the meaning of other terms used in the Contract Documents. r B. Substitutions: Requests for changes in products, materials, equipment, and methods of construction required by Contract Documents proposed by the .. Contractor after award of the Contract are considered requests for "substitutions". The following are not considered substitutions: 1. Substitutions requested by Bidders during the bidding period, and accepted prior to award of Contract as directed by the Owner, are considered as included in the Contract documents and are not subject to requirements specified in this Section for substitutions. 2. Revisions to Contract Documents requested by the Owner or Consultant. „r• 3. Specified options of products and construction methods included in Contract Documents. 4. The Contractor's determination of and compliance with governing regulations and orders issued by governing authorities. 1.04 SUBMITTALS A. Substitution Request Submittal: Requests for substitution will be considered if received within 5 days after,Notice to Proceed has been issued. Requests received more than 5 days after commencement of the Work may be considered or rejected at the discretion of the Owner. 1. Submit 3 copies of each request for substitution for consideration. 2. Identify the product, or the fabrication or installation method to be replaced in each request. Include related Specification Section and Drawing numbers. 01630 PAGE 1 rr THOMAS TEASDALE PARK PRODUCT SUBSTITUTIONS SECTION 01630 Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate: a. Product Data, including Drawings and descriptions of products, fabrication and installation procedures. b. Samples, where applicable or requested. C. A detailed comparison of significant qualities of the proposed substitution with those of the work specified_ Significant qualities may include elements such as size, weight, durability, performance and visual>effect. d. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by the Owner and separate Contractors, that will become necessary to accommodate the proposed substitution. e. A statement indicating the substitution's effect on the Contractor's Construction Schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall Contract Time. f. Cost information, including a proposal of the net change, if any in the awarded Contract Price. g. Certification by the Contractor that the substitution proposed is equal to or better in every significant respect to that required by the Contract Documents, and that it will perform adequately in the application indicated. Include the Contractor's waiver of rights to additional payment or time, that may subsequently become necessary because of the failure of the substitution to perform adequately. 3. Owner's Representative Action: Within one week of receipt of the request for substitution, the Owner's Representative will request additional information or documentation necessary for evaluation of the request. Within 2 weeks of receipt of the request, or one week of receipt of the additional information or documentation, which ever is later, the Owner's Representative will notify the Contractor of acceptance or rejection of the proposed substitution. if a decision on use of a proposed substitute cannot be made or obtained within the time allocated, use the product specified by name. Acceptance will be in the form of a Change Order. 01630 PAGE 2 THOMAS TEASDALE PARK PRODUCT SUBSTITUTIONS SECTION 01630 PART 2 PRODUCTS 2.01 SUBSTITUTIONS A. Conditions: The Contractor's substitution request will be received and considered by the Owner's Representative when one or more of the following conditions are satisfied, as determined by the Owner; otherwise requests will be returned without action except to record non-compliance with these requirements. r 1. Extensive revisions to Contract Documents are not required. 2. Proposed changes are in keeping with the general intent of Contract +�. documents. 3. The request is timely, fully documented and properly submitted. 4. The request is directly related to an ''or equal" clause or similar language in the Contract Documents. 5. The specified product or method of construction cannot be provided within the Contract Time. The request will not be considered if the product or method cannot be provided as a result of failure to pursue the Work promptly or coordinate activities properly. 6. The specified product or method of construction cannot receive necessary approval by a governing authority, and the requested substitution can be approved. 7. A substantial advantage is offered the Owner, in terms of cost, time, energy conservation or other considerations of merit, after deducting offsetting responsibilities the owner may be required to bear. Additional responsibilities for the Owner may include additional compensation to the Consultant for redesign and evaluation services, increased cost of other construction by the Owner or separate Contractors, and similar considerations. 8. The specified product or method of construction cannot be ;provided in a manner that is compatible with other materials, and where the Contractor certifies that the substitution will overcome the incompatibility. 9. The specified product or method of construction cannot be coordinated with other materials, and where the Contractor certifies that the proposed substitution can be coordinated. a. 01630 PAGE 3 THOMAS TEASDALE PARK PRODUCT SUBSTITUTIONS SECTION 01630 10. The specified product or method of construction cannot provide a warranty required by the Contract documents and where the contractor certifies that the proposed substitution provide the required warranty. 11. The Contractor's submittal and Consultant's acceptance of Shop Drawings, Product Data or Samples that relate to construction activities not complying with the Contract Documents does not constitute an acceptable or valid request for substitution, nor does it constitute approval. ,rr PART 3 EXECUTION 40 NOT APPLICABLE END OF SECTION rr 01630 PAGE 4 THOMAS TEAS'DALE PARK PROJECT CLOSE-OUT PART 1 -GENERAL SECTION 01700 1.01 SCOPE 4W A. At or near completion of construction of the project, certain items, or work and submittals as specified elsewhere, are required prior to the Owner's acceptance and final payment for the project which include, but are not limited to, the following; and as outlined in Paragraph 1.10 of this Section. 1.02 CLEANUP A. Exterior Surfaces: Remove construction equipment and temporary facilities from premises; clean and disinfect areas occupied by sanitary conveniences; remove irr 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 rrr A. Provide one year warranty in writing. B. Guarantees and warranties shall begin at the time specified in the Architect's letter of substantial completion. 1.04 PROJECT RECORD A. The contractor is to mark a 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 Architect 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 Architect. The recording of information is the responsibility of the Contractor and shall be done at no additional cost to the Owner. 1.05 OPERATION & MAINTENANCE DATA A. General Building Manual: Furnish 3 finished copies of the manual listing Contractor and subcontractors, including addresses and telephone,numbers and name of contact person, for all materials installed in the irrigation system. Include manufacturer's and suppliers' names, addresses, phone numbers, contact persons, and model numbers; all pertinent data required for replacement ordering or duplication at later date; list in order of how specified on typewritten 8-1/2 x 11 'inch pages. 'B'ind in hardback, cloth- covered binding with name of project, date of completion and acceptance and Architect's name, address and telephone number imprinted on cover. Deliver to Architect at time of acceptance of the work. 01700 PAGE 1 THOMAS TEASDALE'PARK 4i PROJECT CLOSE-OUT SECTION 01700 1.06 FINAL INSPECTION A. In accordance with the General Conditions, and after receipt of written notice that the work is ready for final inspection and acceptance and receipt of the final application for payment, the Architect will make such inspection in the presence of the Contractor and Owner 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 Architect will make one subsequent inspection of the work. B. Should correction not be made within the allotted 30 days and should additional inspections of the work be required due to failure of the Contractor to remedy defects listed, the Contractor shall pay to the Owner the cost of any additional Engineer's construction management costs on their published per hour rate of the actual cost of the expenses, plus travel expenses by private automobile at the rate of 50.5 cents per mile. Such sum shall be deducted from the Contractor's final payment. When the Architect 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 Architect's "Punch List" have not been corrected to 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 of 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 ■r work. Further, the Contractor shall pay to the City for the Architect 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 Architect upon 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. Architect 1. Preliminary Punch List Owner 2. Beneficial Occupancy ■w .o 01700 PAGE 2 r im THOMAS TEASDALE PARK PROJECT CLOSE-OUT SECTION 01700 to RESPONSIBILITY The contractor shall provide the OF. items so specified as his responsibility. r Owner 3. Beneficial Occupancy or Final Contractor 4. Acceptance, accept responsibility for: a. Insurance to b. Utilities Architect 5. Final Punch List on Contractor 6. 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 Contractor 7. Final Billing/100% (all items,complete) Contractor 8. State Tax Release &Certificate of Payment of B&O Tax. Contractor 9. Intent to pay Labor and'Industries a. Applied for by Contractor on b. Received on Architect 10. Acceptance of Work Letter �. Owner 11. City Council Final Acceptance Owner 12. Final Acceptance Letter (identifying warranty date) Owner 13. Lien Documentation--45 days after Final Acceptance a. Certification of No Liens Contractor 14. Cert. of Occupancy issued by Permit Agency Contractor 15. Final Affidavit of Wages Paid Contractor 16. Dept. of'Labor&Industries a. Insurance Release b. Workman's Compensation Release rr 01700 PAGE 3 THOMAS TEASDALE PARK PROJECT CLOSE-OUT SECTION 01700 r RESPONSIBILITY The contractor shall provide the 0i OF.- items so specified as his responsibility. Contractor 17. Affidavit of Payment of Debts and Claims (AIA G706) Contractor 18. Affidavit of Release of Liens (AIA G706A) Contractor 19. 'Certificate of State Sales Taxes Paid Contractor 20. Consent of Surety to Final Payment (AIA G707) w Owner 21. Notice of Completion &Acceptance (Exec. Sig.) Owner 22. Processing of Retainage Payment begins a minimum of 45 days following date of final Acceptance a. After Certification of Compliance is filed b. After Release from State Dept of Labor& Industries c. After Release from State Employment Security Dept d. After Release from State Dept of Revenue e. After Receipt of all approved Affidavit Wages Paid from Contractor + 1.09 CERTIFICATE OF COMPLIANCE A. 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: 1. I (we) hereby certify that all work has been performed and materials supplied in accordance with the plans, specifications and contract documents for the THOMAS TEASDALE PARK— IRRIGATION & 'PLAYFIELD IMPROVEMENTS, and that: (a) Not less than the prevailing rates of wages as ascertained by the ow governing body of the contracting agency has been ,paid to laborers, workmen and mechanics employed on this work; No to 01700 PAGE 4 r "" THOMAS TEASDALE PARK PROJECT CLOSE-OUT SECTION 01700 (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 Architect 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 Architect 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; rr (e) All moneys due the State Industrial Accident fund, the State Unemployment Compensation Trust Fund, the State Department of Revenue, hospital associations and/or others have been;paid; (f) The nature and source of all off-shore items in excess of Two Thousand Five Hundred Dollars ($2,500.00) utilized in the performance of this project have been reported; (g) All provisions of nondiscrimination as called for in the contract documents have been complied with. 1.10 FINAL APPLICATION FOR PAYMENT A. Submit final Application for Payment in accordance with procedures and requirements of Owner. 1. Submit"Affidavit of Wages Paid"from Contractor and all subcontractors. 2. Lien waiver from General Contractor for entire contract. 3. Proof of Payment of taxes from the State Dept of Revenue END OF SECTION r. ow 01700 PAGE 5 .rr frr DIVISION 2 THOMAS TEASDALE PARK SECTION 02200 DEMOLITION & SITE PREPARATION PART 1 GENERAL 1.01 RELATED'DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to work of this Section. 1.02 SUMMARY 1W A. This Section includes the following: 1. Furnish all labor, equipment and materials necessary for demolition and site preparation as specified herein and shown on the drawings, including us but not limited to: a. Removal: Removal of various existing items on site not designated for preservation including but not limited to sod, infield soil and miscellaneous debris. b. Preservation and protection: 'Including but not limited to existing vegetation, asphalt pavement, concrete pavement, chain link fencing, playfield bases and plates,<buildings, irrigation'DCV and booster pump, drainage structures and other utilities not designated for removal or disturbance. C. Erosion Control: Provide temporary measures as necessary and specified and as shown on the TES'C drawing. d. Stockpiled materials: Contractor may stockpile materials within the limits of work. Cover and protect as necessary to prevent erosion ..� of materials per TESC drawing and this Specification. If stockpiling area is needed outside the limits of work, the Contractors shall obtain Owner approval for exact location of stockpiles prior to'importation or stockpiling of on-site materials. Contractor shall replace all pavement, turf and other existing conditions to remain that are damaged by stockpiling activity per specification and at contractor's expense. e. Salvage: Specific items are designated on the demolition plan for salvage and reuse on this project or salvage and stockpile for Owner pickup, including but not limited to irrigation rotors and a metal gate. f. Erosion Control: 'Provide temporary measures as necessary and as specified and shown on the plans. Take all;measures 1W necessary to ensure that no sediment-laden water enters the lake or ditch flow. to B. Related Sections include the following: Section 02300 Earthwork Section 02730 Granular Surfacing ow 1.03 CONDITIONS r A. Protection: 1. Use all Weans necessary to protect existing objects to remain and, in the event of damage, immediately make all repairs and replacements 02200-1 THOMAS TEASDALE PARK SECTION 02200 DEMOLITION & SITE PREPARATION necessary to the approval of the Owner at no additional cost to the Owner. 2. Use all means necessary to protect existing vegetation to remain. 3. Barriers, Safety Guard, and Warning Lights: Provide for and coordinate protection as required by law and ordinances restricting noise, dust, street cleaning, street use, restricted construction hours, etc. Coordinate with Owner. B. Salvage: All items removed as a part of this Contract shall become the property of the Contractor unless indicated otherwise. Remove same from site or stockpile specified materials on site. C. Limits of the Work and Limits of Disturbance:Any area not specifically shown for work 4 shall be assumed to be beyond the Limits of Work and shall be protected against damage or alteration. Any scarring which occurs shall be restored to its original condition by the Contractor at no cost to the Owner. No materials of any kind may be disposed of on the site outside the Limits of Work. Stake the "Limits of Disturbance", as shown on the demolition plan, for approval prior to commencing work. D. Permits, Ordinances, etc. Comply with all applicable Federal, State, County and local ordinances and regulations. E. Temporary Erosion and Sedimentation Control: Install prior to commencement of work in this section. Provide and maintain throughout the construction duration all measures shown on the drawings and/or required by the City of Renton and King County to ensure the protection of existing and proposed utilities, adjacent properties, improvements provided by this contract and existing amenities. 1. Where possible, maintain natural vegetation to minimize erosion. 2. All required temporary sedimentation/erosion control facilities must be "i constructed and in operation prior to land clearing and/or other construction to ensure that sediment-laden water does not enter into the storm drain. As construction progresses and unexpected (seasonal) conditions dictate,more siltation control facilities may be required to ensure complete siltation control on the proposed project. Therefore, during the course of construction, it shall be the obligation and responsibility of the Contractor to address any new conditions that may be created by his activities and to provide additional facilities, over and above the minimum requirements, as may be needed to protect the streets and adjacent properties outside the Limit of Work. 3. The implementation, maintenance, replacement and additions to erosion/sedimentation control systems shall be the responsibility of the Contractor. 1r 4. Keep streets and staging area clean. 5. Approval of the sedimentation and erosion control plans by the Owner does not constitute an approval of storm drainage design, size nor location of pipes, restrictors or channels. 6. Cover all areas that will be unworked for more than seven (7) days during the dry season of two (2) days during the wet season with straw, wood fiber mulch, compost, plastic sheeting or equivalent. 02200-2 THOMAS TEAS'DALE PARK SECTION'02200 DEMOLITION & SITE PREPARATION 7. Contractor shall inspect all erosion,control facilities to ensure adequacy. Inspections shall be conducted at the end of each work day, during construction at least once a week, if construction is interrupted and after each rainfall. F. Dust Control: Use all means necessary to prevent the spread of dust during performance of the work of this section. Moisten all surfaces as required to prevent dust from becoming a nuisance to the public, neighbors and concurrent performance of other work on the site. rr. PART 2 - PRODUCTS .,r 2.01 FILL MATERIAL A. Fill required for voids, holes or trenches left by footing, slabs, root removal, etc., shall be select non-organic fill material as specified in Section 02300, EARTHWORK. 2.02 EROSION AND SEDIMENTATION CONTROL err A. Provide products necessary to meet requirements indicated in Paragraph 1.03 E, and as shown on the drawings. B. Provide Product Data: The Contractor is to submit manufacturer's technical product data and installation instructions for temporary erosion and sediment control materials and .. products. PART 3 - EXECUTION 3.01 PREPARATION A. Notification: Notify the Owner's Representative prior to commencing the work of this section. B. Site Inspection: 1. Inspect the entire site and all objects designated to be removed and to be preserved. 2. Contact all utility providers to locate their existing utilities on the site. Call before you dig: 1-(800)424-5555. 3. Determine all requirements for removal, disconnecting, capping, and/or preserving and protecting active irrigation and other utility lines on site. 3.02 PROTECTION rr A. Barricade and cover as necessary. B. Keep all through lanes and drives clean and clear at all times.Conduct operations so as not to interfere with adjacent roads, drives, fire lanes, walks, and service lanes. err 02200-3 THOMAS TEASDALE PARK ' SECTION 02200 DEMOLITION &SITE PREPARATION 3.03 DEMOLITION OF STRUCTURES AND PAVEMENTS A. Demolish all footings, surfacing, etc. designated for demolition, and dispose of debris. Remove existing abandoned utilities and structures and other obstructions as approved by Owner to below where they interfere with proposed surfacing, utilities or other improvements. B. Fill voids left by removed structures with specified fill. Bring to compacted, smooth and even grade conforming to surrounding grade. 3.04 METHODS 4W A. Burning of removed materials will not be permitted on site. B. Use of explosives not permitted. 3.05 CLEARING AND GRUBBING A. Sod: In areas to receive sand organic surfacing, strip established turf to a depth of 3" minimum and remove from site. 3.06 DISPOSITION OF REMOVED MATERIAL A. All material removed under this Contract which is not to remain the property of the Owner shall become the property of the Contractor. Do not store or permit debris to accumulate on the site. B. Disposal of Clearing and Grubbing Debris: Remove and legally dispose of all clearing and grubbing debris. C. No On-Site Disposal: No organic or inorganic debris of any kind shall be disposed of on site either within or outside the Limits of Work. 3.07 BACKFILL A. Use approved backfill as specified in voids created by demolition work. 'Fill and compact per Section 02300 EARTHWORK. 3.09 CLEAN UP A. On completion of demolition work, leave the property and adjacent areas clean and of satisfactory to the Owner. END OF SECTION wr 02200-4 THOMAS TEASDALE PARK SECTION 02300 EARTHWORK PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to work of this Section. r«� 1.02 SUMMARY A. Section Includes: 1. Excavation and grading. 2. Subgrade preparation. 3. Backfilling of site utilities, trenches, and appurtenances. B. Related Sections: 1. Section 02200—Demolition and Site<Preparation 2. Section 02730—Granular Surfacing 3. Section"02900—Planting 1.03 DEFINITIONS A. Excavation: Consists of removal of material encountered to the required subgrade elevations and subsequent use or disposal of materials removed. B. Structural Fill: Consists of imported or select on site excavation to be used as fill placed beneath infield soil surfacing. C. Bearing Soil: Consists of native, undisturbed granular soils which are compacted to at least 90 percent of ASTM D 1557 and are in a firm and non yielding condition. D. Common Fill: Consists of imported or select on site soils to be used as fill placed .r beneath planted areas. 1.04 SUBMITTALS A. Comply with requirements of Division 1. B. Product Data: Each type of plastic warning tape;filter fabric. +rr C. Require testing service to submit reports directly to;Landscape Architect, with copy to Owner's Representative and Contractor. 1. Test reports on borrow material, subgrades at base of excavation, and all fill material. 2. Field density test reports for infield soil surfacing subgrade. 3. One optimum moisture-maximum density curve for each type of soil encountered. 4. Report of actual unconfined compressive strength, results of bearing tests of each strata tested. 02300 - 1 THOMAS TEASDALE PARK Will SECTION 02300 EARTHWORK «rr 1.05 QUALITY ASSURANCE A. Perform work in compliance with applicable requirements of WSDOT/APWA Standard Specifications for Road, Bridge and Municipal Construction, most current edition, and with applicable requirements of governing authorities having jurisdiction. B. Owner will employ an independent certified geotechnical civil engineering firm to perform soil testing and inspections for quality control. 1. Testing firm will be approved by code enforcement authorities and by Owner prior to commencing work. 2. Distribute copies of test results to Owner, Architect, and Contractor. 3. Maintain copy of test results for review in Project Field Office. 1.06 TESTING STANDARDS A. Compaction Density: ASTM D 1557. B. In-place Soil Density: 1. ASTM D 2922, nuclear densometer. Wo 2. ASTM D 1556, sand cone. 3. ASTM D 2167, rubber balloon. C. Gradation Test: ASTM D 422 PART 2 PRODUCTS ► 2.01 STRUCTURAL FILL A. Imported soil materials free of clay, rock or gravel larger than 6 inches in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter and containing a maximum of 30 percent passing 75 Fm (No. 200) sieve. B. Structural fill must have a moisture content of plus or minus 3 percent of optimum moisture content. .r C. Protect completed fills from erosion, softening, saturation, and disturbance during wet conditions. Replace fills which are degraded. .r D. It is the sole responsibility of the Contractor to protect existing ground, prepared subgrade, and any stock piled material from inclement weather, surface runoff, construction traffic and other conditions that may preclude the re-use of the material. 2.02 COMMON FILL A. General: Fill for subgrade in planted areas (except for sand organic surfacing)shall be approved on-site soils, or approved native material. Fill shall have a maximum particle size of 2", and be free of large rocks sticks or other deleterious materials. +wr 02300 - 2 w THOMAS TEAS'DALE'PARK SECTION 02300 EARTHWORK 2.03 PIPE !BEDDING A. Solid Wall Pipe (PVC and CPSSP): Bedding and backfill in utility trenches shall be,per Standard Specification 9-03.12 (03), or as specified herein for the specific utility. Use drainage pipe backfill per Section 02630, 2.04 A within three feet (T) of the curtain drain. B. Drainage Pipe (CPP curtain drain): See Section 02630, 2.04 A. 2.04 GE'OTEXTILE FABRIC A. General: The geotextile fabric shall be Mirafi 700X, or approved equal. 1. General: The geotextile fabric shall be a woven polypropylene, monofilment yarn. The fabric shall be inert to biological degradation and shall be resistant to alkalines and acids found in soils. The base plastic shall contain stabilizers and inhibitors to make the fabric resistant to ultraviolet radiation. 2. Physical Attributes: The fabric shall have the following attributes: Grab Tensile Strength, lbs. ASTM D-4632 425x350 Mullen Burst Strength, psi ASTM D-3786 695 + Trapezoid Tear Strength, lbs. ASTM D-4533 145x125 Grab Tensile Elongation, '% ASTM D-4632a 21 Puncture Strength, lbs. ASTM'D-4833 165 tw Vertical Waterfow, GPM/FT2 ASTM D-4499 70 Thickness, mils ASTM D-5199 20 Apparent Opening Size aw a'Using constant rate equipment. 3. The filter fabric shall be Mirafi Filterweave 403, or approved equal. (888) 795-0808 or (706) 693-2226. PART 3 - EXECUTION 3.01 EXCAVATION +�wr A. Explosives: Do not use explosives. B. Unclassified Excavation: Excavation is unclassified and includes excavation of,subgrade to bottom of structural elements regardless of character of materials and obstructions encountered. C. Earth excavation includes excavations of pavements and other obstructions visible on surface; underneath structures, utilities, and other items indicated to be demolished and ■w removed; together with earth and other materials encountered that are not classified as rock or unauthorized excavation. 02300 -3 THOMAS TEASDALE PARK SECTION 02300 EARTHWORK D. Unauthorized Excavation: 1. Unauthorized excavation consists of removal of materials 'beyond indicated bearing soils or subgrade elevations or dimensions without specific direction of Owner's Representative. 2. Unauthorized excavating and subsequent remedial work directed by Owner's Representative shall be at Contractor's expense. a. Under concrete footings: Fill by extending indicated bottom elevation of footing or base to excavation bottom without altering required top elevation. b. Elsewhere: Backfill and compact as specified for authorized excavations of same classification unless otherwise directed by Owner's Representative. E. Authorized Excavation: 1. When excavation has reached required subgrade elevations, notify Owner's Representative. 2. If unsuitable bearing materials are encountered at required subgrade elevations, carry excavations deeper and replace excavated material as directed by Owner's Representative. 3. When over-excavation to a designated bearing soil is required, the Owner or an approved representative shall be onsite to verify bearing soil. �r 3.02 STABILITY OF EXCAVATIONS A. Excavating for Structures: ► 1. Conform to elevations and dimensions shown within tolerance of plus or minus 0.10 Foot. 2. Extend excavations sufficient distance from foundations to permit placing and removing concrete formwork, installing services, and inspecting. 3. Take care not to disturb bottom of excavation. 4. Excavate by hand, or with machines equipped with toothless buckets, to final grade just before concrete reinforcement is placed. 5. Trim bottoms to required lines and grades to leave solid base to receive other work. B. Shoring and Sheeting: Excavations shall be sufficiently laid back or shored and sheeted with members of sizes and arrangement sufficient to prevent injury to persons, damage to structures, injurious caving and erosion. Shoring, sheeting, and bracing shall be ' ` removed as the excavations are backfilled. Care shall be exercised to prevent caving during the removal of the shoring and/or sheeting. W 3.03 DEWATERING A. Prevent surface water and subsurface or ground water from flowing into excavations and from flooding project site and surrounding area. 1. Do not allow water to accumulate in excavations. 2. Remove water to prevent softening of foundation bottoms, undercutting footings, and soil changes detrimental to stability of subgrades and foundations. 02300 -4 THOMAS TEASDALE:;PARK SECTION 02300 EARTHWORK 3. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to ,convey water away from excavations. 4. Establish and maintain temporary drainage ditches and other diversions outside excavation limits to convey rain water and water removed from excavations to collecting or run-off areas. 'Do not use trench excavations as temporary drainage ditches. 3.04 STOCKPILING MATERIALS r A. Stockpile excavated materials that meet requirements of structural fill until required for backfill or fill. 1. Locate and retain soil materials away from edge of excavation. 2. Place, grade, and shape stockpiles for proper drainage. 3. Dispose of excess soil material and waste materials offsite in legal manner. 4. During seasons of inclement weather, Contractor may have to cover stockpiled soils with plastic. 3.05 BACKFILL AND FILL A. Place and compact,acceptable soil material in layers to required subgrade elevations. 1. Use structural 'fill material under infield soil surfacing, footings, storm drainage structures and drainage piping. B. Backfill excavations as promptly as work permits, but not before completion of the following: 1. Acceptance of construction below finish grade. 2. Inspection, testing approval, and recording locations of underground utilities have been performed and recorded. 3. Removal of>concrete formwork. r„ 4. Removal of shoring and bracing, and back-filling of voids with satisfactory materials. 5. Removal of trash and debris ar C. Utility Trench Backfill: 1. Coordinate backfilling with utilities testing. 2. Fill voids with approved backfill materials as shoring and bracing and sheeting are<removed. 3. Place and compact final backfill of satisfactory soil material to final subgrade. ■r D. Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. r+r E. When existing ground surface has a density less than that specified under COMPACTING for particular area classification, break up ground surface, pulverize, moisture condition to optimum moisture content, and compact to required depth and percentage of maximum density. wr 02300 - 5 THOMAS TEASDALE<PARK SECTION 02300 EARTHWORK F. Place backfill and fill materials in layers not more than 8 'inches 'loose depth for material compacted by heavy compaction equipment, and not more than 4 inches loose depth for material compacted by hand operated tampers. 1. Before compaction, moisten or aerate each layer as necessary to provide optimum moisture content. 2. Compact each layer to required percentage of maximum dry density or relative dry density for each area classification. 3. Place backfill and fill materials evenly adjacent to structures and piping, and conduit to required elevations. Take care to prevent wedging action of backfill against structures by carrying material uniformly around ' structure to approximately same elevation in each lift. 3.06 COMPACTING w A. Control soil compaction during construction providing minimum percentage of density specified for each area classification indicated below. B. Compact soil to not 'less than following percentages of Modified Proctor maximum dry density determined in accordance with ASTM D 1557: 1. Structural Fill Below Structures and Footings: 95 percent. 2. Structural Fill Below Infield Soil Surfacing (Add Alt#2): 90 percent. 3. Structural'Fill Below Solid Wall Drainage Piping: 95 percent. 4. Pea Gravel Fill Below Curtain Drain: No compaction requirements. 5. Structural Fill Below Crushed Rock Surfacing: 95 percent. 6. Fill More Than 2 feet Deep Below Final Structure Subgrade Elevation: 90<percent. 7. Subgrades that are cut to grade should be compacted to a firm and unyielding condition. 8. Subgrade under "Turf with Topsoil" (Base Bid), and under the turf areas to be regraded within the Turf Restoration area (Add Alt#1): '90>percent. C. Where subgrade or layer of soil material must be moisture conditioned 'before compacting, uniformly apply water to surface of subgrade or layer of soil material to prevent free water appearing on surface during or subsequent to compacting operations. Mix added water into soils by either discing, tilling, or other acceptable means. D. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. wrr E. Soil material that has been removed because it is too wet to permit compaction may be stockpiled or spread and allowed to dry. Assist drying by discing, 'harrowing, or pulverizing until moisture content is reduced to satisfactory value. + 3.07 ENGINEERING FABRICS A. When directed by the Owner, place engineering fabric in accordance with requirements of,APWA Standard Specifications for its type and intended use. 'Do not include cost of fabric placement in lump sum bid except as indicated for the curtain drain. Install fabric in all storm drainage trenches with pea gravel backfill, including curtain drain and within 3 feet of curtain drain. 02300 - 6 aw THOMAS TEASDALE PARK SECTION 02300 EARTHWORK err 3.08 GRADING A. General: Finish surfaces free from irregular surface changes. Uniformly grade areas within the "Limits of Disturbance" indicated on the drawings, including adjacent transition areas. 1. Smooth finished surface within specified tolerances. 2. Compact with uniform levels or slopes between points where elevations are indicated, or between such points and existing,grades. 3. Blend surface grades together at abrupt changes in levels. B. Turf areas with Topsoil: Finish areas to receive topsoil within not more than '0.10 foot above or below required subgrade and finish grade elevations. C. Turf areas with Sand Organic Surfacing (at Curtain Drain): Finish areas to receive sand organic surfacing within not more than 0.10 foot above or below required subgrade and finish grade elevations. D. Turf Renovation Areas (Add Alt#1): In areas staked to be regraded, following temporary removal of existing sod, finish subgrade under sod within not more than 0.10 foot above or below required subgrade elevations. E. Infield Soil Surfacing (Add Alt#2): Shape surface of areas under<infield soil surfacing to smooth, even grade, with finish surface not more than 0.05 foot above or below required subgrade elevation. F. Crushed Rock Surfacing: Shape surface of areas under crushed rock surfacing to smooth, even grade, with finish surface not more than 0.10 foot above or below required aw subgrade elevation. E. Compaction: After grading, compact subgrade surfaces to the depth and indicated percentage of maximum or relative density for each area classification. 3.09 FIELD QUALITY CONTROL A. Quality Control Testing During Construction: Allow testing service to inspect and approve subgrades and fill layers before further construction work is performed. B. Perform field density tests in accordance with ASTM D 1556 or ASTM D 2167 or ASTM D 2922 as applicable. C. During utility trench backfilling, perform minimum of one test every 100 feet for each 8- inch<lift, D. In each compacted fill layer, make at least one field density test for every 3,000 SF of paved or surfaced area, but in no case less than three tests. E. If in opinion of Landscape Architect or Owner's Representative, based on testing service reports and inspection, placed subgrade or fills are below specified density, provide additional compaction and testing at no additional cost. 02300 - 7 THOMAS TEASDALE PARK SECTION'02300 EARTHWORK F. Test results shall be submitted daily. Include test locations and elevations accurate within 1 foot vertically and 5 feet horizontally. 3.10 PROTECTION AND MAINTENANCE A. Protect newly graded areas from traffic and erosion. Keep free of trash and debris. B. Repair and reestablish grades in settled, eroded, and rutted areas to specified tolerances. C. Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify surface, reshape, and compact to required density. D. Where settling is measurable or observable at fill areas during general project warranty period: 1. Remove surface (infield soil surfacing or other finish), add backfill material, compact, and replace surface treatment. 2. Restore appearance, " pp , quality, and condition of surface or finish to match adjacent work, and eliminate evidence of restoration to greatest extent possible. 3.11 DISPOSAL OF EXCESS AND WASTE MATERIALS A. Remove waste materials, including unacceptable and excess excavated material, trash, and debris from Owner's property. B. Dispose of materials in a lawful manner. END OF SECTION so i.r ■r 02300 - 8 ■r so THOMAS TEASDALE PARK SECTION 02630 SITE'DRAINAGE to PART 1 -GENERAL �r 1.01 RELATED''DOCUMENTS ~ A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to work of this Section. 1.02 SUMMARY A. Storm Drainage: This Section includes but is not limited to the following: 1. New storm drainage system piping and appurtenances. 2. Work includes connection to existing storm system as indicated on drawings. B. Key Abbreviations: The following Abbreviations apply to this Section. CB Catch Basin PVC Polyvinyl Chloride Pipe CO Cleanout YD Yard Drain CPSSP Corrugated Polyethylene Storm Sewer Pipe C. Related Sections: The following Sections contain requirements that relate to this Section: Section 02630 Earthwork Section 02730 Granular Surfacing Section 02810 Irrigation a. 1.03 QUALITY ASSURANCE A. Installer's Qualifications: Firm with at least 3 years of successful installation experience on projects with storm drainage work similar to that required for project. a B. Environmental Compliance: Comply with applicable portions of local Environmental Agency regulations pertaining to storm drainage systems. 1.04 SUBMITTALS A. Product Data: Submit manufacturer's technical product data and installation instructions for storm drainage system materials and products. B. Record Drawings: At project closeout, submit record drawings of installed storm drainage piping and products, in accordance with requirements of>Division 1. w C. Construction Changes Require Prior Approval: All construction changes revising the plan concept shall receive prior approval by the Owner's Representative before wr construction in the field. Approval may require submittal of design calculations or additional information to justify the required change. 02630- 1 wr THOMAS TEASDALE PARK SECTION 02630 SITE DRAINAGE PART 2 - PRODUCTS 2.01 IDENTIFICATION LINE MARKER A. Underground-Type Plastic Line Marker: Manufacturer's standard permanent, bright- colored, continuous-printed plastic tape, intended for direct-burial service; not less than 6 inches wide by 4 mils thick. Provide green tape with black printing reading"STORM". B. Manufacturer: Subject to compliance with requirements, provide identification markers of one of the following: Lineguard Type II Detectable Or approved equal 2.02 PIPES AND PIPE FITTINGS A. General: Provide pipes of one of the following materials, of weigh/class indicated. Provide pipe fittings and accessories of same material and weight/class as pipes, with joining method as indicated. .r B. Corrugated Polyethylene Storm Sewer Pipe (CPSSP): Type III, Category 4 or 5, Grade P33 or P34, Class C per ASTM D-1248, and shall meet AASHTO.M-294-S. C. Corrugated-Perforated Pipe (CPP): 1. All drainage piping shown on the drawings as"corrugated-perforated pipe" shall be virgin polyethylene, coiled, corrugated and perforated drain tubing by Advanced Drainage System ,(ADS) or equal of the sizes indicated and conforming to Soil Conservation Service National Engineering, Standard and Specification Guide for Tile Drain, Code#606. Pipe shall be flexible with circumferential ribbing for maximum strength. Perforations shall have a minimum of three rows at 120 degree angles. Perforations shall have a total minimum inlet area of 0.125 square inches per square foot of tubing. 2. Fittings shall be of the same manufacturer as the pipe and shall be of the "snap-on" type. 3. Lengths of tubing shall be joined by split couplings. Tape for wrapping split couplings shall be of polyethylene material_ D. Polyvinyl Chloride (PVC) Pipe: ASTM D 3033, Type PS'P, SDR 35, or ASTM D 3034, Type PSM, SDR 35. 1. Fittings: PVC, ASTM D 3034, solvent cement joints Complying with ASTM D 2855, using solvent cement Complying with ASTM D 2564, or electrometric joints Complying with ASTM D 3212, using electrometric seals Complying with ASTM F 477. 2.03 DRAINAGE STRUCTURES 02630- 2 THOMAS TEAS'DALE PARK SECTION 02630 SITE DRAINAGE A. Catch Basins: Type 1 catch basin shall be pre-cast APWA Type I and conform to WSDOT Standard Plan B-1 and as detailed. B. Catch Basin Frames and Grates: Frames shall conform to standard plan B-30.10-00, "Rectangular Frame (Reversible)". Grate shall conform to standard plan B-30.50-00, `Rectangular Herringbone Grate". Solid Cover shall conform to standard plan B-30.20- 01, "Rectangular Solid Metal Cover". All frames shall be locking. 2.04 PIPE BEDDING A. Corrugated-Perforated Pipe(CPP) Drainage Aggregate: Aggregate used as a backfill at the 4" diameter lateral drain lines shall be 1/8"—5/16"washed pea gravel. B. PVC Pipe Bedding: See Section 02300, 2.03. C. CPSSP Pipe Bedding: See Section 02300, 2.03. 2.05 CRIBBING AND SHEETING A. General: Provide all cribbing and sheeting needed to protect the work, existing property, utilities, etc. to provide safe working conditions in the trench and to comply with applicable safety codes. PART 3 - EXECUTION 3.01 INSTALLATION OF IDENTIFICATION A. During back-filling/top-soiling of storm drainage systems, install continuous underground-type plastic line marker, located directly over buried line at 6 inches to'8 inches below finished grade. 3.02 INSTALLATION OF CURTAIN DRAIN A. General: Establish trenches to the lines, elevations and gradients indicated using the specified equipment. The accuracy of the grades shall be verifiable. No trench excavation spoils may remain on the underdrained area. Trench spoils shall be removed from the surface before the end of each workday. Special care shall be taken to avoid contamination of drainage trenches with native soils. All trenches shall be maintained with vertical sides and without loose or sloughed materials therein. Care shall be taken in placement of backfill in CPP trenches to insure no sloughing of trench sides or contamination of the pea gravel. B. CPP Trenches: Trenches for the curtain drain shall be in locations shown on the drainage plan, shall be a minimum of 8"wide and cut to the appropriate bottom grade. In the event that the CPP trenches have been over-excavated, the Contractor may correct the cut by use of pea gravel filler providing the invert elevation of the drain tubing is as indicated. Prior to placement of pea gravel, line the sides and bottom of all 02630-:3 ow THOMAS TEASDALE PARK SECTION 02630 SITE DRAINAGE trenches with geotextile fabric, with minimum 3'-0" overlap between separate pieces. Do not cover top of trench with fabric. Wi C. Corrugated Perforated"Pipe(CPP): Corrugated Perforated drain pipe;shall be uncoiled and cut to length and then permitted to remain in the uncoiled position until excessive set induced by coiling is relieved.`<Pipe shall be laid on a 2" bed of pea gravel to grade and held in place to prevent vertical or horizontal movement while the pea gravel is placed around the sides and top of the tubing. CPP tubing shall be end-capped at the ends of all 4" CPP lines or as otherwise shown on the drawings. Pipe will be coupled with snap-on couplings, wrapped with two(2) wraps of polyethylene tape(one tape width) to insure locking of the couplings. No open ends will be permitted in the CPP drain tubing except as it enters the PVC collector pipe. Install tracing wire between 2" and 6" above all pipe. After permeable surfacings are in place (sand-organic surfacing), W Contractor shall hand rod TV camera through all of the CPP lines. Provide proof to Owner that all CPP lines are not broken or crushed, and are free of sediment and other blockages. „ D. Reestablishment of subgrade under sand organic surfacing: After CPP lines are installed all excess soils shall be removed and the subgrade of permeable surfacing shall be regraded and recompacted as necessary to achieve a smooth unyielding subgrade to facilitate the unimpeded flow of water to the drain lines. E. Vehicle Restrictions: The Contractor shall not drive heavy or wheeled construction vehicles across excavated trenches. Small track vehicles may be used to spread base sand. Bridging only upon approval. F. Irrigation Crossings: All irrigation lines which cross underdrainage lines shall be installed per the irrigation/underdrainage crossing detail. 3.03 INSTALLATION OF SOLID WALL PIPE AND PIPE FITTINGS A. General: Install piping in accordance with governing authorities having jurisdiction, except where more stringent requirements are indicated. 1. Inspect piping before installation to detect apparent defects. Mark defective materials with white paint and promptly remove from site. 2. Lay piping beginning at low point of system, true to grades and alignment indicated, with unbroken continuity of invert. 3. Place bell ends or groove ends of piping facing upstream. 4. Install gaskets in accordance with manufacturer's recommendations for use of lubricants, cements, and other special installation requirements. B. PVC Pipe: Install in accordance with manufacturer's installation recommendations,and in accordance with ASTM D 2321. See Section 02300. C. CPSSP Pipe: Install in accordance with manufacturer's installation recommendations, and in accordance with ASTM D 2321. See Section 02300. D. Cleaning Piping: Clear interior of piping of dirt and other superfluous material as work progresses. Maintain swab or drag in line and pull past each joint as it is completed. In large, accessible piping, brushes and>brooms may be used for cleaning. 02630-4 .■ THOMAS TEASDALE PARK SECTION 02630 SITE DRAINAGE wr 1. Place plugs in ends of uncompleted conduit at end of,day or whenever work stops. 2. Flush lines between manholes/catch basins if required to remove collected debris. E. Joint Adapters: Make joints between different types of pipe with standard manufactured adapters and fittings intended for that purpose. F. Interior Inspection: Inspect piping to determine whether line displacement or other damage has occurred. 3.03 CATCH BASINS (CB) A. General: Install catch basins, frames and grates in conformance with the referenced standard plans and specifications. B. Establish invert elevations and set frames and grates to elevations indicated. fa 3.04 BACKFILLI'NG A. Conduct backfill operations of open-cut trenches closely following laying, jointing, and r bedding of;pipe, and after initial inspection and testing are completed. 3.05 FIELD QUALITY CONTROL Or A. Testing: Perform testing of completed piping in accordance with local authorities having jurisdiction. END OF SECTION r 02630- 5 .. THOMAS TEASDALE PARK SECTION 02730 GRANULAR SURFACING " PART 1 -GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to work of this Section. wr 1.02 SUMMARY rr,n A. This Section includes the following: 1. Furnish all labor, materials and equipment necessary for installation, as indicated on the drawings and in these specifications, of sand-organic surfacing for curtain drain area, infield soil surfacing (Add Alt#2), top dressing sand (Add Alt#1) and crushed rock surfacing. Sand organic surfacing, top dressing sand and infield soil surfacing shall be permeable. The topdressing sand and the sand-organic surfacing shall be seeded " and irrigated (see related Sections). 2. Coordinate with Contractors performing related work on this job. •' B. Related Sections include the following: Section'02300 Earthwork Section 02630 Storm Drainage System Section 02810 Irrigation Section 02900 Planting +rr 1.03 SUBMITTALS A. General: Submit the following according to the Conditions of the Contract and Division 1 Specification Sections. B. Certified test report of sieve analysis for the following: 1. Top Sand (for sand organic surfacing). 2. Infield Soil. 3. Composted Yard Waste (for sand organic surfacing). 4. Top Dressing Sand (for turf renovation). 5. Crushed Rock Surfacing. Submit initial test reports<minimum 7 days prior to importing material to site. Obtain approval from Owner in writing prior to importation. Continually test all granular surfacing materials during importation and immediately provide copies of all results to Owner. C. Certified test report of sieve analysis; organic matter content (%by weight), nutrient analysis, and pH for the following: 1. Composted yard waste (for sand-organic surfacing). 2. Sand-organic surfacing mixture. D. Samples of all materials listed in 1.03 B, and 1.03 C, 1/2 cubic foot each; and 1/2 cubic foot sample of sand-organic surfacing mixed at the specified proportions. Submit minimum 14 days prior to importing material to site, 10 days prior to mixing. 02730-1 .r THOMAS TEASDALE PARK SECTION 02730 GRANULAR SURFACING E. Evidence that herbicide applicators are licensed in Washington State and have a minimum of two years experience, submit minimum 14 days prior to herbicide application. F. Product data and manufacturer's recommendations for each herbicide used, submit minimum of 14 days prior to.herbicide application. 1.04 QUALITY ASSURANCE A. Acceptance of related work: Beginning work in this section indicates acceptance by the Contractor of all other previously installed related work. wri B. Testing: 1. Initial report: Prior to importation of any of the permeable granular alb surfacing material, the Contractor shall provide the Owner with a certified test report of pH and or sieve analysis for each for the products listed in 1.03 B and C above. All testing shall be performed by a licensed independent testing lab. Acceptable to the Owner. The Owner shall determine compliance with sieve requirements. No material shall be brought on site until the initial sieve analysis has been approved by the Owner in writing. 2. Continual testing: During the course of importation of all granular surfacing materials, the Contractor shall be responsible for continually testing the materials to'insure that they can continue to meet the ' specifications. Copies of the results of all testing are to be immediately provided to the Owner and the Landscape Architect. The Owner will have the option to take additional random samples for testing. In the event that any sample tested reveals non-qualifying material is being imported the Contractor shall cease all importation, determine through testing the extent of the problem, and>remove the non-qualifying material at no cost so to the Owner. Importation will resume only when tests from a new source show compliance and are approved. Any delays or damage to completed work due to removal non-qualifying material are the responsibility of the Contractor. 3. Compaction approval: Notify Owner's Representative at least 48 hours before inspection of compaction density is required. Verification of specified compaction density is required prior to commencement of subsequent construction,which would cover the compacted areas. 4. Qualification of personnel: Provide personnel thoroughly trained and experience in skills required, including finishing of surfaces and operation of the required equipment, who are familiar with the design and application work described in this Section. rr 1.05 REFERENCES A. General: Conform to the following standard specifications: we 1. American Society for Testing Materials: ASTM E-11 Sieve Size for Soil Testing ASTM D-75 Sampling Material ASTM D-422 Particle Size Analysis 02730-2 THOMAS TEASDALE PARK SECTION 02730 GRANULAR SURFACING ASTM D-1140 Washed Sieve Testing for#200 ASTM C-136 Fine and Course Aggregate Sieve Analysis PART 2 - PRODUCTS 2.01 GENERAL A. Infield mix surfacing shall be placed in areas designated on the layout plan. Depth of r�r material shall be as indicated on drawings. See Additive Alternate#2. s B. Crushed rock surfacing shall be placed in area designated on the layout plan. Depth of material shall be as indicated on drawings. C. Sand-organic surfacing shall be;placed over the permeable piping in the curtain drain system as designated on the layout and drainage plans.``<Depth of material shall be as indicated on drawings. D. Top dressing sand shall be placed in the turf renovation areas as designated on the planting and layout plan. Installation procedure and depth of material shall be as indicated in Section 02900. See Additive Alternate#1. r• E. See 02900 Planting for topsoil to be used in turf areas. 2.02 SAND ORGANIC SURFACING A. The sand-organic surfacing shall be a mixture of 90% sand and 10% composted yard waste by volume, and shall be free of deleterious materials. Mixing shall occur off site with approved equipment and materials shall be dry when mixed. Mix shall be a uniform blend of the components. Total organic matter content in the mixture shall be between 1%o and 2% by weight. 1. Top Sand: shall conform to the following analysis using Tyler Standard Screens - U.S. Series Equivalent Number. Sieve Size Percent Passing by weight #4 100% #10 95-100% #16 85-100% #30 75-90% #60 15-30% #100 0-5% #200'(wet) 0-1.5% 2. Composted Yard Waste: Material derived from aerobic decomposition of recycled plant waste fully composted; material shall be composted and shall have a moisture content of between 20% and 40%; no visible free water or dust shall be produced when handling the material;fresh sawdust or fresh wood by products shall not have been added after the composting process has begun. No recycled sanican waste shall be used. Yard waste shall be from permitted composting facility. Pure organic matter content shall be between 30% and 50% by weight. 02730-3 THOMAS TEASDALE PARK SECTION 02730 GRANULAR S'URFACI'NG 100% of composted yard waste shall pass the 7/16 inch screen and 50% shall pass the 1/4 inch screen. Material shall be maintained at 15% oxygen level throughout the composting process. Available from Cedar Grove or approved equal. B. Irrigation Coordination: Do not locate irrigation heads within the sand organic surfacing area. install all irrigation piping prior to curtain drain installation. See irrigation .- underdrainage crossing detail. 2.03 INFIELD SOIL SURFACING (ADD ALT#2) A. The Infield Soil Surfacing shall be asingle, uniform layer of infield soil, and shall be free of deleterious materials. 1. Infield Soil:A permeable blend of different native soils combined using an efficient soil mixing machine to conform to the following analysis using Tyler Standard series —U.S. Equivalent Number: Sieve Size Percent Passing by weight #4 100% # 10 95-100% w #20 90-100% # 50 65-75% #100 30-50% wt #200 (wet sieve) 19-21% #270 (wet sieve) 15-17% B. Irrigation Coordination: Do not locate irrigation heads within the infield soil surfacing area. Install quick coupler piping prior to infield soil surfacing installation. 2.04 CRUSHED ROCK SURFACING A. General: Five eighths inch (5/8") minus crushed rock shall conform to requirements of Section 9-03.9(3), Crushed Surfacing of the "Standard Specifications." Recycled Concrete Rubble not acceptable as a substitute or additive. 2.05 TOP DRESSING SAND (ADD ALT# 1) A. General Conform to the requirements for"Top Sand" defined in 2.02 A in this Section. wr 2.05 FILL A. Fill material to be used as subgrade under crushed rock and infield soil surfacing as required shall conform to Section 02300, 2.01. 2.06 SOIL STERILANT W A. General: Soil sterilant shall be Dichlobenil ("Casaron")type, or approved equal, for use under crushed rock surfacing only. at 02730-4 r .. THOMAS TEASDALE PARK SECTION 02730 GRANULAR SURFACING .r PART 3 -'EXECUTION 3.01 G'ENE'RAL A. Order of Construction: Contractor shall complete subgrade and irrigation where required under granular surfacing (except quick coupler) prior to,placing the surfacing. Coordinate work to meeting the seeding and turf renovation schedule for the outfield. B. Qualifications of Installers: Use only experienced personnel thoroughly trained and experienced in installing the materials<specified in this Section. The superintendent, supervisory personnel and technical personnel must be familiar with the design and application of the work described for this Section. 3.02 PREPARATION A. Acceptance of adjacent and underlying work: The Contractor shall verify adequate compaction, <correct surface slopes and grades within the specified tolerances, accurate asphalt and concrete pavement layout and accurate fence line layout. B. Protection: Use all measures necessary to protect adjacent work from contamination by granular surfacing installation procedure. C. Familiarization: The Contractor acknowledges familiarity with the nature of the work and conditions at the site, the confirmation and conditions of the ground,the character of the equipment needed during the execution of the work and all other matters that can in any .. way affect the work or the cost thereof under this contract. D. Survey and Layout: The Contractor shall layout the work in this Section from established existing improvements on site as indicated on the drawings. Maintain grade stakes until subgrades and/or finish grades are approved by the Owner's Representative. E. Approvals: Any grading or subgrading work requiring testing for compaction or approval of gradient or surface conditions shall not be covered or enclosed by any subsequent stage of construction prior to required approvals. F. Subgrade: Prior to the installation of the irrigation quick coupler line within the infield surfacing area and the importation of any infield surfacing, provide a smooth firm subgrade free of rocks above subgrade surface, graded to the specified tolerances and compacted to a minimum 90%. During installation and after completion of irrigation in infield surfacing area, remove excess soils, regrade and recompact as necessary to provide a firm, smooth unyielding subgrade to facilitate the unimpeded flow of water. Tire tracks, ruts, ridges or loose unconsolidated surface soils will not be allowed. G. Sampling and Inspection: 1. Prior to the importation of any of the permeable granular materials (infield soil, sand-organic and topdressing sand) provide the Owner with a certified test report of the sieve analysis for the product per 1.03, 1.04 and 1.05. 2. During the course of importation of the granular materials, the Contractor shall be responsible for continually testing the materials to insure that they continue to meet the specifications. 02730-5 THOMAS TEASDALE PARK SECTION 02730 GRANULAR SURFACING + 3. In the infield surfacing area, grade stakes on a 50' grid should be set and maintained until finish compact grades have been achieved and approved for each step of the installation. 3.03 SAND ORGANIC SURFACING A. General: 1. Install on approved subgrade after curtain drainage system and irrigation lines are completed and approved. 2. Subgrade must be smooth, compacted to 90%, and must not impede water flow into curtain drain system. B. Sand-Organic Mixture: 1. Place sand-organic mixture layer over the areas designated. Minimum sand-organic mix depth shall be as indicated on drawings. Grades shall be flush with adjacent natural turf surface. Carefully deposit and spread rw surfacing over subgrade and pea gravel trench. 'Contractor shall take all necessary precautions to protect storm drainage system and irrigation piping during placement, grading and compaction operations. 2. Compaction: Settle with water and roll as necessary to achieve smooth finished surface prior to seeding. 3 .04 INFIELD SOIL SURFACING (ADD ALT#2) A. General: 1. Install on approved subgrade after installation of irrigation quick coupler line and irrigation adjacent to the infield (except heads) is completed and approved. 2. Subgrade must be smooth, compacted to 90% and must not have any rrr standing water on it. B. Infield Soil: 1. After subgrade has been finish graded and approved, spread a layer of infield soil over the areas designated. Infield soil shall be a uniform depth as indicated on drawings after compaction and settlement. The surface is to be finish graded to a tolerance of+/-0.05 ft in 10 L.F. 'Special care is to be exercised to form a clean edge at the perimeter of the infield and match adjacent turf elevations,perfectly. Thoroughly clean all excess infield soil from infield surface after compaction test to insure that all depressions which may result in puddling have been eliminated from the infield soil surface. 2. Compaction: Settle with water and roll as necessary to achieve smooth finished surface. 3.05 TOP DRESSING SAND (ADD ALT#1) A. General: See Section 02900, 3.03 for use of topdressing sand in turf restoration. 02730-6 wr THOMAS TEASDALE PARK SECTION 02730 GRANULAR SURFACING 3.06 CRUSHED ROCK SURFACING A. Apply sterilant to all areas to receive crushed surfacing at manufacturers recommended application rate. Restrict application to only those areas to receive crushed rock surfacing being cautious to avoid adjacent turf areas. r. B. Place and compact (to 95%), crushed rock to depth as indicated and conforming to the grades shown on the drawings. �. C. Provide surfacing that is smooth, regular, pitched properly for drainage, and without soft spots, waves, rills, dips or pockets. 3.07 CLEAN UP A. General: Clean up all resulting debris and place all excess excavated material on site. B. Debris:Allow no debris to accumulate on site, roadway, or walks; haul away and dispose of off site as soon as removed. Immediately clean streets of spilled dirt and debris and keep drains open. wr END OF SECTION ion�ww w. rr ow 02730-7 THOMAS TEASDALE PARK SECTION 02810 IRRIGATION PART'1 -GENERAL w 1.01 SCOPE A. This Section specifies all work Contractor shall provide for salvage and/or preservation of existing irrigation components and construction of a new irrigation system including furnishing all labor, materials, equipment and services>necessary for a functional irrigation system as shown on the Drawings and specified herein. .�. 1.02 SYSTEM PERFORMANCE REQUIREMENTS A. Layout of the system as shown on drawings is schematic. Follow as closely as possible. Modify locations as required by,plant materials, utilities and other obstructions. B. Full and complete head to head irrigation coverage is required. Make adjustments to layout, irrigation zone pressure, or as needed, to achieve full coverage of irrigated areas without overspray onto roadways, sidewalks or buildings. 1.03 SUBMITTALS A. Submit product data in accordance with Section 01300 a minimum of 30 working days before beginning work, unless otherwise approved. Include data for all products to be installed in these systems. Include material showing manufacturer's name, catalog numbers, catalog cuts, technical data manufacturers' installation, operation and maintenance instructions for each product. B. Point of Connection Water Pressure Test: Test water pressure at the irrigation system point of connection a minimum of 10 days prior to beginning work. Submit written results of test to Owner's Representative. C. Site Inspection Report: Submit statement confirming a site inspection has been ,r conducted, noting discrepancies between ground measures and plans, hazards or site conditions which will interfere with installation or operation of the system prior to beginning of work. See drawing notes regarding verification of existing irrigation components. D. Record Drawings 1. Maintain a complete set of record drawings, corrected daily, to show design and specification changes, and location of system components. Submit copies as requested. 2. At completion, submit reproducible Mylar plan at the same scale as the construction plans, indicating the elevations of mainlines,valves, ;backflow preventers, zone outlines and other system elements, indicate locations with dimensions from building, curb lines or other fixed site features. �r E. Submit three sets of keys, hose swivels, quick coupler operating keys, and unique tools or devices needed to access, operate, adjust or maintain the system. Obtain receipt • indicating location and custodian of each set. 02810-1 THOMAS TEASDALE PARK SECTION 02810 IRRIGATION F. Operating and Maintenance Data 1. Submit the name and address of permanent service organizations maintained or trained by the manufacturers that will render service within eight hours of receipt of notification of service request. 2. Zone Map: Submit an irrigation plan for the site indicating, by varying colors, the area of coverage for each control valve. Indicate the number and location of the valve. The number is to correspond to that on the controller for that zone. 3. Submit controller timing schedule indicating on a weekly basis the day, time and duration of watering for each control valve. 4. Provide the zone map and controller timing schedule, folded into a plastic envelope, of a size capable of being installed in the door of the controller. 5. Submit operating and maintenance guides for the entire system and for each piece of equipment in the system. Instructions for system winterization are to be included. 1.04 QUALITY ASSURANCE A. Comply with requirements of utility supplying water for prevention of backflow and back siphonage. raw B. Comply with>requirements of authority with jurisdiction for irrigation systems. C. Installer Qualifications: Engage an experienced installer who has completed irrigation W systems similar in material, design, and extent to that indicated for projects that have resulted in construction with a record of successful in-service performance. 1.05 PROJECT CONDITIONS A. Environmental Requirements: Perform work under environmental conditions suitable for the tasks being undertaken. B. Existing Conditions: 1. Visit the site and note conditions which affect work under this Section. 2. Locate all utilities, lines and piping in the work area. Provide adequate protection during all phases of work. 3. Repair utilities, lines, and piping damaged by this work to the satisfaction of the Owner of the line, at no change in Contract Price. 4. Notify Owner's Representative of unsatisfactory conditions. Proceed with work only after conditions have been corrected. 5. Field Measurements: Take field measurements of irrigated areas to determine if differences occur between plans and ground dimensions. Notify Owner's Representative of differences before proceeding with work. to 6. Irrigation is not permitted during the following conditions: a. When the temperature is less than 35 degrees F or greater than 90 degrees F. b. When the planting area's soil is saturated, frozen, or dry. C. When wind velocities are greater than 30 mph. 02810-2 rw THOMAS TEASDALE,PARK SECTION 02810 IRRIGATION 1.06 SEQUENCING AND SCHEDULING A. Complete irrigation system installation and make fully operational before landscape seeding and sodding takes place. B. Thirty days prior to beginning work, submit a work schedule to include: dates, location, and type of work to be performed. .r 1.07 WARRANTY A. Refer to the General and Supplementary General Conditions. B. Additional Requirements: 1. Repair settling of trenches. Include complete>srestoration of plantings, mulch, grades, pavements or other improvements. 2. Correct irrigation system problems or damage within five working days of notice until final acceptance of the irrigation system. VW 1.08 RELATED DOCUMENTS A. Drawings and general,provisions of the Contract, including General and Supplementary " ' Conditions and'Division 1 Specification Sections, apply to work of this Section. PART 2 >PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS rw A. As shown on the Drawings or specified herein. Alternate materials will be acceptable if approved in writing by Owner. B. Other Manufacturers: Submit substitution request in accordance with the requirements of the General Conditions. 2.02 MATERIALS A. Mainline (pressure pipe) and lateral line(circuittzone'pipe): All irrigation mainlines and lateral lines shall be Schedule 40 PVC, virgin, high impact, polyvinyl chloride (PVC) as indicated on drawings. The pipe shall conform to commercial standards ASTM D 1785. Pipe shall be marked with:manufacturer's name, class of pipe and NSF seal. Pipe walls shall be uniform and shiny. Pipe and fittings must be non-toxic, free from taste and odor and self-extinguishing and conform to the following minimums: 1. Tensile strength 78°F 6000psi 2. lzod impact strength (notices) 15 ft. lb./in. 3. Modulus of elasticity 300,000 psi 4. Compressive strength 8,500 psi 5. Flexural strength 10,500 psi 02810-3 air THOMAS TEASDALE PARK SECTION 02810 IRRIGATION B. Lines under paved areas that are not sleeved shall be PVC Schedule 80 conforming to standards of ASTM 1785. C. '/2" Poly pipe and fittings shall be thick wailed polyethylene pipe specifically designed for connection of irrigation heads to lateral lines. D. Sleeves: Irrigation sleeves shall be Class 200 PVC, minimum 6"size. E. Pipe Fittings: 1. All PVC pipe fittings shall be solvent weld type except where swing joints, risers, etc., require threaded fittings. All threaded fittings shall conform to standards of ASTM D 2466(Schedule 80). F. Jointing Materials: 1. PVC solvent cement, NSF61 approved solvent for PVC through 4-inch, meeting requirements of ASTM D2564. 2. PVC primer and cleaner, compatible for use with PVC pipe. 3. Teflon tape sealer, 3/4 or 1/2-inch wide, shall be used at all threaded joints as needed. Use no pipe dope. 4. All plastic to metal connections shall use schedule 80 male adapters. G. Valves: 1. Isolation valves: Red &White brass gate valves or as approved. Sri 2. Electrical solenoid valves shall Rainbird PEB-CP or PEB-CP-PRS plastic per valve key for 24 volt systems. Include proprietary pressure regulating device if noted on the plan. H. Valves Boxes: 1. For Control Valves: Carson Jumbo or approved equivalent with T-type lid on box. 2. For backflow preventers: See Civil drawings. 3. For all quick-couplers and flow sensor: Carson model 1419.Standard valve box with T-type lid. I. Backflow Preventer/Booster Pump: Existing, no work required. J. Controller: 1. Automatic Controller: Existing to be upgraded. Upgrade existing 24 station unit to 36 station capacity using one (1) 12 station modular unit, per manufacturer's recommendations. Contact manufacturer's representative Mark Berry at HD Fowler, 206-255-1647. K. Spray Heads: Acceptable Manufacturers: 1. Rain Bird 1800-SAM or 1800-SAM-PRS Series per plan. 2. Rainbird Rotors, per plan. L. Quick Couplers: Quick couplers shall be Rainbird 44L'RC with matching key and swivel hose ell. r 02810-4 THOMAS TEASDALE PARK SECTION 02810 I'RR'IGATION M. Low Voltage Control Wire and Connectors: 1. All buried control wire must be insulated copper designed for 24 volts or higher. Minimum size of wire is AWG#14. Common wire shall be of the same size or larger than control wire. Control wire shall be red, common wire shall be white. Size of longer wire runs requiring gauges larger than AWG#14 shall be sized according to electric valve manufacturer's recommendation and irrigation controller's recommendation. N. Other Materials 1. Drain Rock: Washed, round river pea gravel, no fines. 2. "Air Compressor"Valve: Size to fit quick coupling valve keys. 3. Irrigation Zone Tags: 'Christy's model ID-STD-Y2 4. Spray Head Swing Joints: Hunter SJ-512 factory assembled three-way swing joint assembly, or approved alternate. 5. Rotor Swing Joints: Rainbird TSJ-12 pre-manufactured swing joint. 6. Valve Keys, 3 feet long(minimum), with tee handle and'key end to fit manual valves. 7. Quick coupler keys and hose swivel ells,brass, size and type to fit quick coupler shown on the Drawings. O. Provide other materials, not specifically described but required for a complete and proper installation, as selected by Contractor subject to the approval of Owner. VW PART 3 - EXECUTION g 3.01 EXAMINATION to A. Investigate and determine available water supply pressure and flow characteristics. Verify available wires from controller to site through existing mainline sleeve. Report results of all required tests to Owner's Representative before beginning installation fm work. 3.02 PROTECTION ow A. Provide protection for system components at all times. Keep rock, gravel, debris, and all other foreign materials from entering piping, valves and other equipment. B. Provide barriers, crossings, markers and other devices necessary to protect materials and pedestrians at open trenches, holes, stockpiles, etc. C. Install irrigation after completion of subgrade and drainage work, and prior to installation of infield soils and topsoil. +� 3.03 INSTALLATION A. Trenches: ,. 1. Excavate trench bottoms with uniform slopes, 4" minimum width. Bottoms shall be smooth and free of rocks or other objects which might damage pipe. 02810.5 r THOMAS TEASDALE PARK SECTION'02810 IRRIGATION 2. Make trenches wide enough to allow for tamping around pipe. 3. Excavate trenches to a depth allowing for pipe slopes to drains, sand setting'bed and the following minimum coverage depths: r a. Pressure Laterals: 18 inch depth minimum. 24" maximum depth. b. Pressure Mainlines: 24 inch depth minimum. 30" maximum depth. C. Pressure Mainlines Under Paving: 24 inch depth minimum. d. Common and Control Wire: Install below mainlines or 18 inches where wire is not in a pipe trench. 4. Do not lay pipe on unstable materials in wet trench or when trench or other conditions are unsuitable. + + B. Pipe: 1. Lay pipe and make connections in accordance with irrigation industry standard practices and manufacturer's recommendations. 2. Solvent weld all non-threaded joints. Use Teflon tape or Teflon Dope to seal threaded joints as needed. Do not glue in temperatures below 35' F. 3. Slope pipe at 1/2 percent minimum toward drain valves. 4. Clean interior of pipe before installation. Keep pipe clean during and after laying by plugs or other means. 4. No fittings are to be closer than 6"apart. 5. Set lines 6 inches apart in common trenches whenever possible, side by side, two lines maximum per trench. 6. Manual drain valves shall be installed at all low points of the irrigation system. A two cubic-foot gravel sump shall be installed at each drain valve. 7. Provide thrust blocks on all 3" mainline as detailed. C. Sleeves: 1. Install sleeves in all locations where piping and control wiring pass under paved areas and curbs or through walls. Extend sleeve 12 inches beyond edge of +�Ir paving, curb, or wall. Cap and mark the location with temporary 2"x 4"fir stake, 18 inches above grade. Remove stake once pipe and wires have been routed through sleeves and sleeve has been permanently marked by Owner's ■r Representative. 2. Set top of sleeve 18-inch minimum below top of sub-grade below paved, mulched, graveled or other surfaces. Fill 3 inches below, around and above . pipe, to top of trench with masons sand. Compact to density required for pavement subgrade. D. Backfill 1. Fill trench with clean, excavated site soil. Thoroughly compact to give support to the pipe and prevent subsidence of backfill materials. 2. Fill piping with water at approximately 25 psi during backfilling operations. 3. Backfill trenches to finish grade minus 2", place backfill carefully around and over piping. Lay and compact in layers not over 6 inches thick. 4. Remove all excess excavated material from the project site. 5. Topdress trenches with 2" depth topsoil to flush with finish grade, fertilize, and overseed all disturbed areas per Planting Specifications 2.01A, 2.03, and 2.07. 02810-6 THOMAS TEASDALE PARK SECTION'02810 IRRIGATION E. Controller 1. Install expansion modules as recommended by<Manufacturer. Controller may have to be removed and sent to factory for necessary upgrade. 2. Verify successful radio communication with remote units. 3. Label all wires at controller, including spares. Indicate direction of spares. r. F. Control Wire 1. Route red control and white common wires from controller to control valves and make connections at each end. 2. Tape control wires together at 10-foot intervals. 'Provide 24"expansion loop every 100 feet of wire. Allow 24" of extra wire at controller and each valve. 3. Splice only at the valves, not between valves or between valve and controller. 4. Route wire below main line wherever possible_ Where not routed below mainline, install 4-6 inch wide yellow plastic warning tape 6 inches above the control wire. G. Automatic Control Valves 1. Install complete with valve boxes as shown on drawings, no closer than 24" apart. 2. Thoroughly flush supply lines before installing valves. 3. Attach I.D. tag in an approved manner. H. Irrigation Heads 1. install as shown on drawings and as recommended;;by manufacturers. 2. No head shall be closer than 4"from walk, curb or wall. w 3. Make minor changes in head location as necessary to achieve full<head to head coverage. Adjust spray patterns and pressure to achieve coverage and eliminate over-spray onto pavements or buildings. 4. Flush line before installing irrigation heads. 5. All irrigation heads must be accessible for adjustment. :0 3.04 FIELD QUALITY CONTROL A. Testing: 1. Notify Owner's Representative in writing at least three work days prior to all tests and inspections. Inspection reports must be made for all tests. 2. Thoroughly flush piping before testing and installation of sprinklers. 3. Hydrostatically test all exposed mainline piping, valves,joints and fittings at '100 psi for one hour prior to<inspection by Owner's Representative. if;pressure loss occurs, inspect the entire system, make watertight and retest until no pressure loss occurs for a one-hour testing>period. All tests shall be performed with control valves in operating configuration (flow control open), and control valve isolation valves open. 4. Pressure test must show no pressure loss for the specified period and be +�■► approved by the Owner's Representative before backfill of trenches will be allowed. 5. Any subsequent breach of integrity, such as a break or addition to the main line, will require a retest. 02810-7 �w THOMAS TEASDALE PARK SECTION 02810 IRRIGATION B. Inspection: Upon completion of the installation and adjusting of the irrigation system, notify the Owner's Representative for a system inspection. At that time, present the following: 1. Zone by zone system demonstration. 2. Location of major system components. 3. Winterization and maintenance procedures. 4. Procedures for setting the controller. 5. Location of Zone Map and Controller Schedule. 3.05 ADJUSTING AND TIMING A. Adjust and balance irrigation system to provide uniform coverage and prevent overspray onto pavements and structures. B. Set timing on irrigation controller before final inspection. Obtain recommendations of landscaping work installer before setting timing. 3.06 CLEAN UP A. Area shall be kept free of debris during the course of this project. B. Remove all debris, dirt, rock, etc. Sweep roadways and wash walls upon completion of work daily. C. Clean all glue spills off hardscapes, etc. END OF SECTION wt �w 02810-8 .. THOMAS TEASDALE PARK SECTION 02820 TEMPORARY CHAIN LINK FENCING PART 1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, 'including General and Supplementary Conditions and Division 1 Specification Sections, apply to work of this Section. 1.02 SUMMARY A. This Section includes the following: 1. Furnish all labor, equipment and materials>necessary for the provision and installation of temporary six foot (6') high chain link fencing on both side of the pedestrian pathway to the activity center and as necessary around,project areas to be protected from trespass. 2. Although not specifically indicated, furnish and install all supplementary or miscellaneous items, appurtenances and devices incidental to, or necessary for complete installation. B. Related Sections include the following: Section 02220 Demolition and Site Preparation 1.03 SUBMITTALS A. General: None required. PART;2 PRODUCTS 2.01 CHAIN LINK MESH A. General: CLFMI, Standard Industrial 9 gauge, ASTM A 392, 2 inch diamond mesh interwoven wire, top and bottom selvage knuckle end closed. Galvanize after fabrication. rrr 2.02 STEEL POSTS A. Corner Posts: 'Posts shall be 2.375 inch outside diameter at 3.65 pounds per linear foot. 2.03 FITTINGS AND ACCESSORIES A. Ties or Clips: 9 gauge galvanized steel, minimum 2 wraps per connection, sufficient in number for attaching fabric at minimum 15 inch intervals to corner posts. B. Provide for Contractor access as required. 2.04 FINISHES A. Steel Pipe Posts: Hot-dip galvanized zinc coating, ASTM F 1083, minimum 2.0 oz psf. B. Chain Link Mesh: Hot-dip galvanized coating, ASTM A 392, 1.2 oz psf weight. .r. 02820-1 r. THOMAS TEASDALE PARK SECTION 02820 TEMPORARY CHAIN LINK FENCING PART 3 EXECUTION 3.01 EXAMINATION A. Verify the location of project areas to be protected and pedestrian access route to the activity center. Coordinate with Owner. B. fence Height:'6' above finish grade. C. Post Spacing:At intervals not exceeding 10 feet o.c. D. Post Installation: Drive posts plumb to refusal. Protect existing utilities and tree roots from damage. E. Fabric: Attach fabric to posts with specified ties. END OF SECTION .r .ri 02820-2 ... THOMAS TEASDALE PARK SECTION 02870 SITE FURNISHINGS 1" PART 1 GENERAL 1.01 RELATED DOCUMENTS Am A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to work of this Section. ON 1.02 SUMMARY A. This Section includes the following: 1. furnish all labor, equipment and materials necessary for the installation of miscellaneous site improvement items, including, but not limited to the salvaged metal gate from this Contract. 2. Although not specifically indicated, furnish and install all supplementary or miscellaneous items, appurtenances and devices incidental to, or necessary for complete installation. 1.03 REFERENCES A. Reference Standards: ASTM C 94 Standard Specifications for Ready-Mixed Concrete 1.04 SUBMITTALS rr A. General: Submit the following according to the Conditions of the Contract and Division 1 Specifications Sections. B. Shop Drawings: 1. Re-installation of existing metal gate with new concrete footings. 1.05 RELATED SECTIONS Section 02200 Demolition and Site Preparation 1.06 QUALITY ASSURANCE A. Installer Qualifications: Company and employees specializing in work of this Section, with minimum 3 years documented experience. B. Footing Installation: Coordinate with other trades Do not contaminate topsoil or surfacing materials with subgrade materials or concrete slurry. PART'2 - PRODUCTS 2.01 METAL GATE A. General: Reuse existing salvaged metal gate. r. 02870-1 THOMAS TEASDALE"PARK SECTION 02870 SITE FURNISHING'S rr 2.02 C.I.P. CONCRETE FOOTINGS A. General:ASTM C'94 ready mix concrete, minimum fc= 3,000 psi at 28 days, 5 bags (94 pounds) cement per cubic yard, maximum 4 inch slump. PART 3 - EXECUTION 3.01 GEN'E'RAL A. Locate and install all site furnishings in accordance with the drawings and specifications obtaining approval from the Owner's Representative where called for prior to installation. B. All site furnishings to be set level, plumb and square unless otherwise noted. C. Where there is a conflict between manufacturer's recommendations for installation and the drawings, consult with Owner's Representative before proceeding. 3.02 METAL GATE A. General: Install salvaged metal gate in its current location. Mark location for approval prior to installation. Knock existing footings off of posts. Size new concrete footings minimum 24" diameter by 36" depth. Tops of footings shall be troweled smooth, flush with finished grade, and sloped to drain away from posts. END OF SECTION r�r .r so .r 02870-2 rr` �. THOMAS TEASDALE PARK SECTION 02900 PLANTING PART 1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract,>including General and Supplementary Conditions and Division 1 Specification Sections, apply to work of this Section. 1.02 SUMMARY A. This Section includes the following: 1. Furnish all labor, materials and equipment necessary for installation of planting as indicated, including but not limited to installation of topsoil, finish grading, fertilizing, liming, drill seeding, sod around irrigation heads, turf restoration(Add Alt#1), cleanup and maintenance through Final Acceptance, and one-year warranty. " B. Related Sections include the following: Section 02300 Earthwork Section 02730 Granular Surfacing Section 02630 Storm,Drainage Section 02810 Irrigation •r 1.03 REFERENCES A. General Conform with the following standard specifications, except as supplemented or r modified hereinafter: 1. Plant Names: "Report," issued by American Joint>Committee on Horticultural Names, most recent edition, and hereinafter called AJCHN. Names not present in this listing shall conform to accepted nomenclature in the nursery trade. 2. Quality Standards: "American Standard for Nursery Stock," issued by the American National Standards Institute and hereinafter called ANSI Z20.1- latest edition. 3. American Society for Testing Materials Standards: ASTM E-11 Sieve Size for Soil Testing ASTM 'D-75 Sampling Material ASTM D-422 Particle Size Analysis ASTM D-1140 Washed Sieve Testing for#200 ASTM C-136 Fine and Course Aggregate Sieve Analysis 1.04 INSPECTION A. General: Owner reserves right to reject material at any time until final inspection and acceptance. Remove rejected material immediately from site. Produce upon request sales receipts for all material and certificates from federal, state and other authorities. 1.05 MATERIALS A. General: Whenever any material is specified by name/number, such specifications are for the purpose of facilitating a description of materials and establishing quality, and shall be deemed and construed to be followed by the words "or approved equal." No 02900-1 THOMAS TEAS'DALE PARK SECTION 02900 PLANTING substitutions will be permitted which have not been submitted for prior approval to Owner's Representative. Furnish sufficient descriptive literature and/or samples for any material submitted as"equal"substitutes. B. Materials: Furnish plant materials in accordance with Washington State Grading Code for No. 1 Grade; well established and vigorous normal habit of growth, must be free from disease, approved for quality, size and variety upon delivery at site. Verify prior to'bid ' date all sources of supply. Insure availability of listed species, variety and quality. Conform with size requirements indicted on drawings or specified, and with requirements of ANSI Z60.1. 1.06 CONTRACTOR A. General: Contractor must have 3 to 5 years of experience in landscape work of'highest professional quality of a similar nature; must have adequate facilities and personnel for indicated work; and must become acquainted with all other work related to site improvements, and any other work which might affect preparation for installation of work in this Section. 1.07 SUBMITTALS A. Manufacturer's Certificates of Conformance: 1. Seed 2. Fertilizer 3. Limestone 4. Topsoil 5. For topdressing sand, see Section 02730, Granular Surfacing and Additive Alternate#1. 6. For sand organic surfacing, see Section 02730, Granular Surfacing in B. Test Certificates: Submit the following certified test reports to enable Owner's Representative to determine compliance with specification: „ 1. Imported topsoil (including sieve analysis, nutrient analysis, salt content and organic matter content by weight); 2. Imported topsoil sand component (sieve analysis); 3. Imported topsoil compost component (sieve analysis; organic matter content by weight); 4. For to;pdressing sand, see Section 02730, Granular Surfacing and Additive Alternate#1. 5. For sand organic surfacing,see Section 02730, Granular Surfacing Submit reports and obtain approval prior to mixing at plant and importing to site. C. Samples: Provide the following for Architect approval: 1. Topsoil, 1 CF bag (components mixed per required proportions) 2. Topsoil components, I CF bag of each. (3 total) 3. Topdressing Sand, see Section 02730 and Additive Alternate#1. 4. Sand Organic'Surfacing,see Section 02730 .r Submit samples and obtain approval prior to mixing at plant and importing to site. 02900-2 THOMAS TEASDALE PARK SECTION 02900 PLANTING D. Schedule for Installation: Provide a construction schedule that conforms to the required deadline for drill seeding prior to September 12, 2008. 1.08 PROTECTION A. General: Protect adjacent property, public walks, curbs and pavement from damage. Do + + not place soil directly on paved surfaces. Locate all underground utilities prior to commencement of work. Repair at Contractor's expense damaged utilities, edging, curbs, paving, walks, walls, structures, or existing plantings. Keep street and on-site storm drainage system ,protected, open and free flowing. Protect existing soils from erosion. Do not store materials outside the indicated limits of work. Remove and legally dispose of excess materials. Erect necessary signs and barriers against pedestrian/vehicular traffic. 1.09 DELIVERY A. General: Protect plant material from wind, drought, unusual weather or vandalism. Deliver fertilizer and lime to the site in original unopened containers'bearing manufacturer's chemical analysis, name, trade name, trademark, and indication of conformance to state and federal laws. Instead of containers, fertilizer may be furnished in bulk with certificate indicating the above information. Protect seed from dehydration, contamination and heating during delivery, storage and handling. Store seed, lime, and fertilizer in cool dry location away from contaminants. 'Do not drop or dump materials from vehicles. 1.10 GUARANTEE A. General:All plant material shall be guaranteed by the Contractor for a period of one year from date of final acceptance, to be in 'healthy condition. 1. Inspections: Make periodic inspections, at no extra cost to the Owner, during<guarantee period. Determine what changes if any should be made in Owner's maintenance program. `r 2. Replacement at guarantee period conclusion: Replace, at no cost to the Owner, and as soon as weather conditions permit, dead plants and plants not in vigorous, thriving condition. Replacements to be of same species and to be subject to all indicated requirements. Fertilize and reseed areas not in a normal'healthy growing condition. 1.11 CODES AND R'EGULATI'ONS A. General: comply with all applicable city, county, state and federal codes and regulations. PART 2 PRODUCTS 2.01 TOPSOIL A. General: Topsoil shall be free draining, fertile, friable sandy loam, and shall supply the following composition requirements:weed and seed free;pH between 5.5 and 7.5; maximum particle size to 1/2 inch, with 97% to 100% passing the 3/8 inch screen; soluble salts shall not exceed 4.0 mmho; free of clay lumps, litter and toxic matter harmful to,plant growth. Pure organic matter content'of topsoil mixture shall not exceed 02900-3 THOMAS TEASDALE PARK rllb SECTION,02900 PLANTING 10%'by weight (granular surfacing per Section 02730>excluded). Components shall conform to the requirements indicated. Percentages below are by volume. Mixing of the soil components shall not occur on site. ai Sand Yard Waste Sandy Loam Topsoil (for"turf areas 60% 15% 25% with topsoil" per layout plan) B. Sand: Conform to the following analysis using Tyler Standard Screens - Equivalent U.S. Series Number: r Sieve Size Percent Passinq by Weight #4 100% #10 95-100% #16 85-100% #30 75-90% #60 15-30% #100 0-5% #200 (wet sieve) 0-1.5% C. Composted Yard Waste: Material derived from aerobic;decomposition of recycled plant waste fully composted; material shall be composted on a paved surface and shall have a moisture content of between 20% and 40%; no visible free water or dust shall be wi produced when handling the material; fresh sawdust or fresh wood by products shall not have been added after the composting process has begun_ No recycled sanican waste shall be used. Yard waste shall be from permitted composting facility. Pure organic ., matter content shall be between 30% and 50% by weight. 100% of composted yard waste shall pass the 7/16 inch screen and a<minimum 50% shall pass the 1/4" screen. Material shall be maintained at a 15% oxygen level throughout the composting process. Available from Cedar Grove or approved equal. D. Sandy Loam: Shall be derived from the "A" horizon of naturally occurring, free draining, friable soils. Soils with a high clay content will be rejected. Submit separate sample for approval prior to mixing. 2.02 SAND ORGANIC SURFACING " A. General: See Section 02730. wir 2.03 TOPDRESSING SAND (ADD ALT#1) A. General: See Section 02730. 2.03 FERTILIZER . r�r► A. All Seeded Areas: 1. Installation Fertilizer (Fertilizer'A') , 02900-4 .. THOMAS TEASDALE PARK SECTION 02900 PLANTING 4 Total available Nitrogen 10% by weight (of which 50% is derived from controlled release sources including Ureaform or Methylene Urea) Total available Phosphorus 20% by weight Total available Potassium 20% by weight 10-20-20 as manufactured by United Horticultural Supply (253) 351-6432, ' or equal. 2. Maintenance Fertilizer: a. Initial Fertilizer(Fertilizer'B') Total available Nitrogen 21% by weight (of which 50% if derived from controlled release sources ., including Ureaform or Methylene Urea) Total available Phosphorous 0% by weight Total available Potassium 0% by weight 21-0-0 as manufactured by United Horticultural Supply (253) 351-6432, or equal. b. Follow-up Fertilizer(Fertilizer'C') Total available Nitrogen 18% by weight (of which 50% if derived from controlled release sources including Ureaform or Methylene Urea) Total available Phosphorous '3% by weight r" Total available Potassium 16% by weight Total iron content 1%to 3% by weight 18-3-16 as manufactured by United Horticultural Supply (253) 351-6432, or equal, and add iron as necessary to meet requirements. 2.04 LIMESTONE A. General: Dolomite or"Neutra-Nuggets" by Essential Minerals. 2.05 CHEMICALS A. General: Herbicide, insecticide and fungicide, as recommended by State Agricultural Extension Service,to be EPA registered and state approved. To be furnished for preemergence and postemergence applications as required and approved. 2.06 WATER A. General: Free of substances harmful to plant growth, delivered through the permanent irrigation system or temporary irrigation as required. 2.07 SEED A. General: Seed shall be "Blue Tag"or certified quality. Deliver in unopened containers with mixture seed content and inert material content plainly marked on outside of container. Seed mix: 02900-5 wo THOMAS TEASDALE PARK SECTION 02900 PLANTING Mixture % of Min. % Pure Min. % of Max Weed % by Weight Ingredient Pure Seed Seed in Mix Germination Seed % 33.3% Fiesta 11 98% 32.7% 90% 1% Perennial Rye 33.3% Dasher 11 98% 32.7% 90% 1% Perennial Rye 33.3% Blazer 11 98% 32.7% 90% 1`% Perennial Rye B. Submittals: A complete analysis of the seed shall be submitted to the Consultant for approval including percent of;pure seed, germination, other crop seed, inert and weed seed, and the germination test date. Total weed seed for mixture shall not exceed one percent (1%). 2.08 SOD A. Sod for use around irrigation heads in new turf areas: Sod shall have the following characteristics: a mature root system, maximum two years old, free of weeds, machine cut to a pad thickness of 3/4"excluding top growth, vigorous top growth, no mesh, and shall not be dormant. Broken and unevenly cut sod pads will not be accepted. Sod pads must be uniform in size and must support their own weight when held vertically. Transport flat, not rolled. Submit supplier for approval prior to delivery to site. Seed mixture shall be perennial rye grass with minimum four different grass,species. Submit grass species names and characteristics for approval. .r PART 3 -<EXECUTION 3.01 TOPSOIL AND FINISH GRADING A. General: Prepare subgrade in all turf areas which are to receive imported topsoil by scarifying to 4" depth and removing rocks and debris over 1 1/2" in diameter. Subgrade soils should be free-draining and without any impervious soils or other materials harmful to plant growth. It is the Contractor's responsibility to notify the Owner's Representative of any subgrade conditions deleterious to plant growth. Lightly roll subgrade smooth in turf areas prior to placing topsoil. B. Spread Topsoil: Do no spread topsoil with frozen or excessively wet or dry. Topsoil depth after settlement: 1. Turf area with Topsoil: 5" minimum depth after settlement. 2. For Sand-Organic Surfacing see Section 02730 3. For Topdressing Sand see 3.03 below and Additive Alternate#1. C. Fine Grading: 1. , General: Fine grade per Section 02300 Earthwork and as indicated on drawings. Rake entire surface to a smooth and even grade, remove all rocks over 1" diameter, remove all grass roots and debris. Conform to grading tolerances defined in Section 02300. Fine graded areas shall include all areas disturbed by work in this Contract which are to be planted. 2. Turf Areas: Flush with surrounding grades and pavements. 02900-6 am THOMAS TEASDALE PARK SECTION 02900 PLANTING 3. Additional requirements for sand-organic surfaced areas: See Section 02730. 3.02 CHEMICALS A. Application: 1. Notify Owner one week prior to application. Three days prior to chemical application, erect fencing and post signage as necessary to prevent trespassing. Signage content and location as directed by Owner. 2. Equip hydraulic equipment for liquid application of chemicals with leak- proof tanks.and positive agitation method. Calibrate and meter equipment so that application of chemicals in specified amounts can be determined. Equip equipment with gauges and valves capable of maintaining constant application pressures. 3. Apply all herbicides and other chemicals in accordance with EPA label restrictions and recommendations and federal and state laws. Make daily reports to the Owner's Representative stating areas treated with each chemical, the quantity applied and spray mixture or formulation used. Application at each site shall be under the supervision of a certified applicator. 4. Apply in well-ventilated areas. Avoid inhalation, injection, or spilling on clothing or skin. Wear protective in accordance with manufacturer's + Material Safety Data Sheet recommendations. Do not exceed permissible exposure limit. 5. Dispose of excess chemicals and containers in accordance with federal and state Laws. 6. Apply so damage will not result to personnel or property from either direct spray or drifting of chemicals both on and off property. 3.03 TURF RESTORATION (ADD ALT#1) A. Preparation: Following completion and acceptance of "regrading in the outfield, the °1r existing turf areas designated for restoration on drawing Sheet L1.0 shall be prepared as follows. Qualified contractor: Gene Howe, Sportsturf Northwest, Woodinville WA, (425) 883-8873, or equal. rrr 1. Mow established outfield turf to a height of 1" and remove clippings. 2. Verticut 3. Aerating: a. Prior to aerating, flag all irrigation heads to assist in protecting them during aeration. Repair or replace any irrigation heads damaged during aeration. b. Aerate turf with an approved power aerator equipped with 1-%" hollow tines on 2" centers. Rake up and remove cores from surface. C. Topdress outfield with W topdressing sand. Water field with irrigation system (20 minimum each zone). After field dries topdress again with %4" topdressing sand. d. Fertilization: Apply fertilizer A at the rate of 8 lbs./1000 SF. Finish surfaces by raking smooth and even. err 02900-7 THOMAS TEASDALE 'PARK SECTION 02900 PLANTING B. After completion of the preparation above, fill the remaining depressions with topdressing sand to create a uniform smooth field surface. Provide 10 C.Y. of sand, in addition to the specified topdressing sand, for filling minor depressions. C. Seeding: Drill seed per 3.04>below, except do not apply fertilizers "B" and "C". D. Topsand Sampling and Inspection: See Section 02730, Granular Surfacing 3.04 SEEDING OF TURF A. Seed Bed<Preparations: Apply Installation Fertilizer"A"at the rate of 10 lbs. per 1,000 square feet, and dolomite limestone at the rate of 30 lbs. per 1,000 square feet. Rake to incorporate. Finish surfaces by raking smooth and even; lightly compact with roller. Level , out surface undulations and irregularities to tolerances specified in Section 02200 and recompact as necessary. B. Sod installation at irrigation heads in sand-organic and topsoil surfaced areas: Install an 18" square piece of sod around each irrigation head, edges within 9" of head. Sod soil surface shall be flush with adjacent sand-organic and topsoil surface. C. Drill Seeding: Plant seed in designated areas of site. Sow seed at rate of 10 lbs. per 1,000 square feet. Sow half seed in one direction, then sow half at right angles over same area. No seeding during adverse weather, or when winds exceed 5 miles per hour. Will An approved drill shall be used. Water slowly and thoroughly. Initial watering with a hose and fine spray nozzle only. 'Keep seed bed moist throughout germination_ .r D. Timing: Seed only from April 1st to October 1st or as approved by Owner's Representative. Seeding shall occur in accordance with the Owner approved schedule, and prior to September 12, 2008. irr E. Protection: Protect against harm from wind, storm water and trespassing. Treat and re- seed damaged portions as required. Erect fencing and post signage indicating new ,,rr seeding as necessary to prevent trespassing. F. Mowing: Mow new turf and restored turf areas. When grass reaches a'height of 3"the Contractor is to mow with a reel type mower to a height of 2" and remove clippings. Establishment>mowing is to be continued for a minimum of three mowings."See 3.06 for additional mowing requirements. G. Watering: 1. Thoroughly irrigate new and restored turf areas immediately after each application of Fertilizer'B'. Schedule irrigation applications minimum twice daily during maintenance period, duration based on daily weather conditions. 2. The Contractor is responsible for watering all new turf to keep it in a healthy condition. The Contractor shall coordinate with the Owner regarding allowable times to operate the irrigation system. There shall be no overspray allowed outside the limits of planted areas unless approved otherwise. Contractor shall test available water pressure at all new quick couplers to determine temporary system limitations. 02900-8 THOMAS TEASDALE PARK SECTION 02900 PLANTING `w H. Reseeding:As soon as weather permits and after March 15th, 2009, all bare spots larger than 4 sq. in., and any areas of turf which fail to esta'bl'ish a healthy uniform stand of specified grasses, shall be re-seeded at a rate of lbs./1,000 sf. r 1. Initial Maintenance Fertilization (Fertilizer"B"): Apply fertilizer at the rate of 2 lbs. per 1„000 square feet after the first mowing. Apply once each week through the second mowing, minimum two applications. Apply only in areas with automatic irrigation. Do not apply Fertilizer"B° between October 15th and March 15th J. Follow-up Maintenance Fertilization (Fertilizer"C"): Apply fertilizer at a rate of 6 lbs. per 1,000 square feet three weeks after the second mowing. 3.05 CLEAN UP A. Remove from site all surplus soils and other debris resulting from planting and grading operations. 3.06 PLANT ESTABLISHMENT AND FINAL ACCEPTANCE A. Preliminary Inspection and Acceptance: When the work specified in this Section has been completed, an inspection will be made within seven (7) days of the Contractor's request. The Owner will generate a "punch>list" of items that will require revisions or + completion to comply with the contract documents. Preliminary acceptance of the landscaping will be given when items on the punch list have been completed to the satisfaction of the Owner. err B. Establishment Period and Maintenance: The Establishment Period will commence on the date of Preliminary Acceptance, and will extend until Final Acceptance of the entire project. Maintenance during this period shall include: 1. Watering: Make necessary adjustments to watering schedule to accommodate seasonal changes. Water areas of new turf so that they receive adequate water for survival of the plants in a healthy condition. 2. Mowing: Mow lawn areas to a height of 2”when the average height reaches 3". Remove clippings. Mow weekly until>Final Acceptance, minimum 3 times. 3. Re-seeding: Re-.seed spots larger then 4 inches square not having a uniform stand of grass. 4. fertilization: Should the establishment period extend to 12 months beyond the date of Substantial Completion, apply fertilizer"B"at manufacturer's recommended rate to turf areas on or about the 15th of May, July,'September and November. 5. Weeding: Control weed growth in lawn areas with appropriate herbicides, applied per these specifications. ,., C. Final Inspection and Acceptance: Final inspection of the work in this Section will be made at the time of the Final Inspection of the entire project.A final "punch list"will be issued. Final Acceptance of the landscaping will be contingent upon Final Acceptance of r the entire project. ww END OF SECTION 02'900-9 +�r r PREVAILING WAGES ••M State of Washington DEPARTMENT OF LABOR AND INDUSTRIES Prevailing Wage Section Telephone(360)902-5335 PO Box 44540,Olympia,WA 98504-4540 +rr Washington State Prevailing Wage Rates For Public Works Contracts The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. rr On public works projects,workers'wage and benefit rates must add to not less than this total A brief description of overtime calculation requirements is provided on the Benefit Code Key. ,. KING COUNTY Effective 03-02-08 rir (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAG Code Code Code err ASBESTOS ABATEMENT WORKERS JOURNEYLEVEL $36.24 1H 5D BOILERMAKERS JOURNEY LEVEL $33.32 1 BRICK AND MARBLE MASONS JOURNEYLEVEL $43.75 1 M 5A CABINET MAKERS(IN SHOP) Nrr JOURNEYLEVEL $16:67 1 CARPENTERS ACOUSTICAL WORKER $43.91 IM 5D BRIDGE,DOCK AND'WARF CARPENTERS $43.75 1M 5D CARPENTER $43.75 IM 5D CREOSOTED MATERIAL $43.85 IM 5D DRYWALL APPLICATOR $43.79 1 M 5D FLOOR FINISHER $43.75 IM 5D FLOOR LAYER $43.75 IM 5D FLOOR SANDER $43.75 1 M 5D MILLWRIGHT AND MACHINE ERECTORS $44.75 1M 5D PILEDRIVERS,DRIVING,PULLING,PLACING COLLARS AND WELDING $43.95 1M 5D SAWFILER $43.75 1M 5D SHINGLER $43.75 1M 5D rrr STATIONARY POWER SAW OPERATOR $43.75 1M 5D STATIONARY WOODWORKING TOOLS $43.75 1M 50, CEMENT MASONS JOURNEYLEVEL $44.58 1'M 50 DIVERS&TENDERS DIVER $85.75 1 M 5D 8A DIVER TENDER $44.22 1M 5D DREDGE WORKERS ASSISTANT ENGINEER $44.59 IT 5D 8L ASSISTANT MATE(DECKHAND) $44.08 IT 5D 8L BOATMEN $44.59 IT 5D 8L +� ENGINEER WELDER $44.64 IT 5D 8L LEVERMAN,HYDRAULIC $46.21 IT 5D 8L MAINTENANCE $44.08 IT 5D 8L MATES $44.59 IT 5D 8L OILER $44.21 IT 5D 8L DRYWALL TAPERS JOURNEYLEVEL $43.59 1E 5P ELECTRICAL FIXTURE MAINTENANCE WORKERS JOURNEYLEVEL $18.69 1 err Pagel KING COUNTY Effective 03-02-08 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code ELECTRICIANS-INSIDE CABLE SPLICER $55.05 1E 5A CABLE SPLICER(TUNNEL) $58.86 1E 5A CERTIFIED WELDER $53.16 1E 5A CERTIFIED WELDER(TUNNEL) $57.15 1E 5A CONSTRUCTION STOCK PERSON $28.83 1E 5A JOURNEY LEVEL $51.25 1E 5A JOURNEY LEVEL(TUNNEL) $55.05 1E 5A ELECTRICIANS-MOTOR SHOP CRAFTSMAN $15.37 2A 6C JOURNEY LEVEL $14.69 2A 6C ELECTRICIANS-POWERLINE CONSTRUCTION CABLE SPLICER $56.53 4A 5A CERTIFIED LINE WELDER $51.64 4A 5A so GROUNDPERSON $37.15 4A 5A HEAD GROUNDPERSON $39.19 4A 5A HEAVY LINE EQUIPMENT OPERATOR $51.64 4A 5A JACKHAMMER OPERATOR $39.19 4A 5A JOURNEY LEVEL`LINEPERSON $51.64 4A 5A LINE EQUIPMENT OPERATOR $43.83 4A 5A POLE SPRAYER $51.64 4A 5A POWDERPERSON $39.19 4A 5A ELECTRONIC TECHNICIANS ELECTRONIC TECHNICIANS JOURNEY LEVEL $31.00 1 ELEVATOR CONSTRUCTORS wiI MECHANIC $60.85 4A 6Q MECHANIC IN CHARGE $66.25 4A 6Q FABRICATED PRECAST CONCRETE PRODUCTS ALL CLASSIFICATIONS $13.15 2K 5B FENCE ERECTORS FENCE ERECTOR $1 8.71 1 FENCE LABORER $12.77 1 �Ilil FLAGGERS JOURNEY LEVEL $31.01 1H 5D GLAZIERS JOURNEY LEVEL $43.76 1H 5G HEAT&FROST INSULATORS AND ASBESTOS WORKERS MECHANIC $46.59 is 5J HEATING EQUIPMENT MECHANICS MECHANIC $33.65 1 HOD CARRIERS&MASON TENDERS JOURNEY LEVEL $36.75 1H 5D INDUSTRIAL ENGINE AND MACHINE MECHANICS MECHANIC $15.65 1 INDUSTRIAL POWER VACUUM CLEANER JOURNEY LEVEL $9.24 1 INLAND BOATMEN CAPTAIN $38.87 1K 5B COOK $32.73 1K 513 DECKHAND $32.42 1K 5B ENGINEER/DECKHAND $35.20 1K 5B MATE,LAUNCH OPERATOR $36.85 1K 5B Page 2 KING COUNTY Effective 03-02-08 nr (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code r INSPECTION/CLEANING/SEALING OF SEWER&WATER SYSTEMS BY REMOTE CONTROL CLEANER OPERATOR,FORMER OPERATOR $31.49 1 GROUT TRUCK OPERATOR $11.48 9 HEAD OPERATOR $24.91 1 TECHNICIAN $19.33 1 TV TRUCK OPERATOR $20.45 1 INSULATION APPLICATORS JOURNEYLEVEL $43.75 1M 5D IRONWORKERS rn JOURNEY'LEVEL $47.92 10 5A LABORERS ASPHALT RAKER $36.75 1H 5D BALLAST REGULATOR MACHINE $36.24 1H 5D BATCH WEIGHMAN $31.01 1 H 5D BRUSH CUTTER $36.24 1H 5D BRUSH HOG FEEDER $36.24 1H 5D BURNERS $36.24 1H 5D CARPENTER TENDER $36.24 1H 5D CASSION WORKER $37.20 1H 5D CEMENT DUMPER/PAVING $36.75 1H 5D CEMENT FINISHER TENDER $36.24 1H 5D CHANGE-HOUSE MANOR DRY SHACKMAN $36.24 1H 5D CHIPPING GUN(OVER 30 LBS) $36.75 1H 5D CHIPPING GUN(UNDER 30 LBS) $36.24 1H 5D CHOKER SETTER $36.24 1H 5D CHUCK TENDER $36.24 1 H 5D CLEAN-UP LABORER $36.24 1'H 5D CONCRETE DUMPER/CHUTE OPERATOR $36.75 1 H 5D CONCRETE FORM STRIPPER $36.24 1H 5D CONCRETE SAW OPERATOR $36.75 1H 5D CRUSHER FEEDER $31.01 1H 5D CURING LABORER $36.24 IIH 5D DEMOLITION,WRECKING&MOVING(INCLUDING CHARRED MATERIALS) $36.24 1 H 5D DITCH DIGGER $36.24 1 H 51D r0 DIVER $37.20 1'H 5D DRILL OPERATOR(HYDRAULIC,DIAMOND) $36.75 1H 5D DRILL OPERATOR,AIRTRAC $37.20 1 H 5D DUMPMAN $36.24 1 H 5D EPDXY TECHNICIAN $36.24 1H 5D EROSION CONTROL WORKER $36.24 1 H 5D FALLER/BUCKER,'CHAIN SAW $36.75 1H 5D FINAL DETAIL CLEANUP(i.e.,dusting,vacuuming,window cleaning;NOT $28.45 1 H 5D construction debris cleanup) FINE GRADERS $36.24 1H 5D FIRE WATCH $31.01 1H 513 dw FORM SETTER $36.24 1H 5D GABION BASKET BUILDER $36.24 1 H 5D GENERAL LABORER $36.24 1'H 5D GRADE CHECKER&TRANSIT PERSON $36.75 1H 5D GRINDERS $36.24 1H 5D GROUT MACHINE TENDER $36.24 1H 5D +wr Page 3 s KING COUNTY Effective 03-02-08 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Coe GUARDRAIL ERECTOR $36.24 1H 5D HAZARDOUS WASTE WORKER LEVEL A $37.20 1'H 5D HAZARDOUS WASTE WORKER LEVEL B $36.75 1 H 5D HAZARDOUS WASTE WORKER LEVEL C $36.24 1 H 5D HIGH SCALER $37.20 1 H 5D HOD!CARRIERIMORTARMAN $36.75 1H 5D JACKHAMMER $36.75 1H 5D Ili LASER BEAM OPERATOR $36.75 1H 5D MANHOLE BUILDER-MUDMAN $36.75 1H 5D MATERIAL YARDMAN $36.24 1 H 5D MINER $37.20 1H 5D NOZZLEMAN,CONCRETE PUMP,GREEN CUTTER WHEN USING HIGH $36.75 1H 5D PRESSURE AIR&WATER ON CONCRETE&ROCK,SANDBLAST, GUNITE,SHOTCRETE,WATER BLASTER PAVEMENT BREAKER $36.75 1H 5D PILOT CAR $31.01 1H 5D PIPE POT TENDER $36.75 1'H 5D PIPE RELINER(NOT INSERT TYPE) $36.75 1H 5D PIPELAYER&CAULKER $36.75 1H 5D PIPELAYER&CAULKER(LEAD) $37.20 1H 5D PIPEWRAPPER $36.75 1H 5D POT TENDER $36.24 1H 5D POWDERMAN $37.20 1H 5D POWDERMAN HELPER $36.24 1H 5D POWERJACKS $36.75 1H 5D RAILROAD SPIKE PULLER(POWER) $36.75 1H 5D RE-TIMBERMAN $37.20 1H 5D RIPRAP MAN $36.24 1H 5D RODDER $36.75 1H 5D SCAFFOLD ERECTOR $36.24 1H 5D SCALE PERSON $36.24 1H 5D SIGNALMAN $36.24 1H 5D too I SLOPER(OVER 20") $36.75 1H 5D SLOPER SPRAYMAN $36.24 1H 5D SPREADER(GLARY POWER OR SIMILAR TYPES) $36.75 1H 5D SPREADER(CONCRETE) $36.75 1H 5D Irli STAKE HOPPER $36.24 1H 5D STOCKPILER $36.24 1H 5D TAMPER&SIMILAR ELECTRIC,AIR&GAS $36.75 11-1 5D TAMPER(MULTIPLE&SELF PROPELLED) $36.75 1H 5D TOOLROOM MAN(AT JOB SITE) $36.24 1H 5D TOPPER-TAILER $36.24 1H 5D TRACK LABORER $36.24 1H 5D r TRACK LINER(POWER) $36.75 1H 5D TRUCK SPOTTER $36.24 1H 5D TUGGER OPERATOR $36.75 1H 5D VIBRATING SCREED(AIR,GAS,OR ELECTRIC) $36.24 1H 5D VIBRATOR $36.75 1H 5D VINYL SEAMER $36.24 1H 5D WELDER $36.24 1H 5D WELL-POINT LABORER $36.75 1H 5D Page 4 go KING COUNTY Effective 03-02-08 +111110 (See Benefit Code Key) Over PREVAILING Time Holiday Note w Classification WAGE Code Coe Code LABORERS-UNDERGROUND SEWER&WATER GENERAL LABORER $36.24 1H 5D PIPE LAYER $36.75 1H 5D LANDSCAPE CONSTRUCTION IRRIGATION OR LAWN SPRINKLER INSTALLERS $13.56 1 LANDSCAPE EQUIPMENT OPERATORS OR TRUCK DRIVERS $28.17 1 LANDSCAPING OR PLANTING LABORERS $17.87 1 LATHERS JOURNEYiLEVEL $43.79 1M 5D METAL FABRICATION(IN SHOP) FITTER $15.86 1 LABORER $9.78 1 MACHINE OPERATOR $13.04 1 PAINTER $11.10 1 WELDER $15.48 1 MODULAR BUILDINGS CABINET ASSEMBLY $11.56 1 tir1 ELECTRICIAN $11.56 1 EQUIPMENT'MAINTENANCE $11.56 1 PLUMBER $11.56 1 PRODUCTION WORKER $9.40 1 TOOL MAINTENANCE $11.56 1 UTILITY PERSON $11.56 1 WELDER $11.56 1 PAINTERS JOURNEY LEVEL $33.94 2B 5A PLASTERERS JOURNEY:LEVEL $43.10 1R 5B PLAYGROUND&PARK EQUIPMENT INSTALLERS JOURNEY LEVEL $8.42 1 PLUMBERS&PIPEFITPERS as JOURNEYLEVEL $57.34 1G 5A POWER EQUIPMENT OPERATORS ASSISTANT ENGINEERS $42.14 IT 5D 8L BACKHOE,EXCAVATOR,SHOVEL (3 YD&UNDER) $44.92 IT 5D 8L BACKHOE,EXCAVATOR,SHOVEL (OVER 3 YD&UNDER 6 YD) $45.41 IT 5D 8L BACKHOE EXCAVATOR,SHOVEL(6 YD AND WITH $45.96 IT 5D 8L ATTACHMENTS) wx BACKHOES, (75 HP&UNDER) $44.50 IT 5D 8L BACKHOES, (OVER 75 HP) $44.92 IT 5D 8L BARRIER MACHINE(ZIPPER) $44.92 IT 5D 8L BATCH PLANT OPERATOR,CONCRETE $44.92 1 T 5D 8L BELT LOADERS(ELEVATING TYPE) $44.50 IT 5D 8L BOBCAT(SKID STEER) $42.14 IT 5D 8L BROOMS $42.14 IT 5D 8L BUMP CUTTER $44.92 IT 5D 8L CABLEWAYS $45.41 IT 5D 8L CHIPPER $44.92 IT 5D 8L COMPRESSORS $42.14 IT 5D 8L im CONCRETE FINISH MACHINE-LASER SCREED $42.14 IT 5D 8L CONCRETE PUMPS $44.50 IT 5D 8L CONCRETE PUMP-TRUCK MOUNT WITH BOOM ATTACHMENT $44.92 1 T 5D 8L wr Page 5 KING COUNTY Effective 03-02-08 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code CONVEYORS $44.50 1T 5D 8L CRANES, THRU 19 TONS,WITH ATTACHMENTS $44.50 IT 5D 8L CRANES, 20-44 TONS,WITH ATTACHMENTS $44.92 IT 5D 8L CRANES, 45 TONS-99 TONS,UNDER 150 FT OF BOOM(INCLUDING JIB $45.41 IT 5D 8L WITH ATACHMENTS) CRANES,100 TONS-199 TONS,OR 150 FT OF BOOM(INCLUDING JIB $45.96 IT 5D 8L WITH ATTACHMENTS) CRANES,200 TONS TO 300 TONS,OR 250 FT OF BOOM(INCLUDING JIB $46.53 IT 5D 8L WITH ATTACHMENTS) CRANES,A-FRAME, 10 TON AND UNDER $42.14 IT 5D 8L CRANES,A-FRAME,OVER 10 TON $44.50 IT 5D 8L CRANES,OVER 300 TONS,OR 300'OF BOOM INCLUDING JIB WITH $47,09 IT 5D 8L ATTACHMENTS CRANES,OVERHEAD,BRIDGE TYPE(20-44 TONS) $44.92 IT 5D 8L CRANES,OVERHEAD,BRIDGE TYPE(45-99 TONS) $45.41 IT 5D 8L CRANES,OVERHEAD,BRIDGE TYPE(100 TONS&OVER) $45.96 IT 5D 8L CRANES,TOWER CRANE UP TO 175'IN HEIGHT,BASE TO BOOM $45.96 1T 5D 8L CRANES,TOWER CRANE OVER 175'>IN HEIGHT,BASE TO BOOM $46.53 IT 5D 8L CRUSHERS $44.92 IT 5D 8L wt DECK ENGINEER/DECK WINCHES(POWER) $44.92 IT 5D 8L DERRICK,BUILDING $45.41 IT 5D 8L DOZERS,D-9&UNDER $44.50 IT 5D 8L DRILL OILERS-AUGER TYPE,TRUCK OR CRANE MOUNT $44.50 IT 5D 8L DRILLING MACHINE $44.92 IT 5D 8L ELEVATOR AND MANLI'FT,PERMANENT AND SHAFT-TYPE $42.14 IT 5D 8L EQUIPMENT SERVICE ENGINEER(OILER) $44.50 1T 5D 8L FINISHING MACHINE/BIDWELL GAMACO AND SIMILAR EQUIP $44.92 IT 5D 8L FORK LIFTS,(3000 LBS AND OVER) $44.50 IT 5D 8L FORK LIFTS,(UNDER 3000 LBS) $42.14 IT 5D 8L GRADE ENGINEER $44.50 IT 5D 8L GRADECHECKER AND STAKEMAN $42.14 IT 5D 8L GUARDRAIL PUNCH $44.92 IT 5D 8L HOISTS,OUTSIDE(ELEVATORS AND MANLIFTS),AIR TUGGERS $44.50 IT 5D 8L HORIZONTAUDIRECTIONAL DRILL LOCATOR $44.50 IT 5D 8L HORIZONTAUDIRECTIONAL DRILL OPERATOR $44.92 IT 5D 8L HYDRALIFTS/BOOM TRUCKS(10 TON&UNDER) $42.14 IT 5D 8L HYDRALIFTS/BOOM TRUCKS(OVER 10 TON) $44.50 IT 5D 8L LOADERS,OVERHEAD(6 YD UP TO 8 YD) $45.41 1 T 5D 8L LOADERS,OVERHEAD(8 YD&OVER) $45.96 1 T 5D 8L LOADERS,OVERHEAD(UNDER 6 YD),PLANT FEED $44.92 IT 5D 8L LOCOMOTIVES,ALL $44.92 IT 5D 8L MECHANICS,ALL $45.41 IT 5D 8L MIXERS,ASPHALT PLANT $44.92 IT 5D 8L MOTOR PATROL GRADER(FINISHING) $44.92 IT 5D 8L MOTOR PATROL GRADER(NON-FINISHING) $44.50 IT 5D 8L MUCKING MACHINE,MOLE,TUNNEL DRILL AND/OR SHIELD $45.41 IT 5D 8L OIL DISTRIBUTORS, BLOWER DISTRIBUTION AND MULCH SEEDING $42.14 IT 5D 8L OPERATOR PAVEMENT BREAKER $42.14 IT 5D 8L PILEDRIVER(OTHER THAN CRANE MOUNT) $44.92 IT 5D 8L PLANT OILER(ASPHALT,CRUSHER) $44.50 IT 5D 8L POSTHOLE DIGGER,MECHANICAL $42.14 IT 5D 8L POWER PLANT $42.14 IT 5D 8L Page 6 Aw KING COUNTY Effective 03-02-08 wry (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification r WAGE Code Code Code - PUMPS,'WATER $42.14 IT 5D 8L QUAD 9,D-10,AND HD-41 $45.41 IT 5D 8L REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING $45.41 IT 5D 8L f EQUIP RIGGER AND BELLMAN $42.14 IT 5D 8L ROLLAGON $45.41 IT 5D 8L ROLLER,OTHER THAN PLANT ROAD MIX $42.14 IT 5D 8L • ROLLERS,PLANTMIX OR MULTILIFT'MATERIALS $44.50 IT 5D 8L ROTO-MILL,ROTO-GRINDER $44.92 IT SD 8L SAWS,CONCRETE $44.50 IT 5D 8L f SCRAPERS-SELF PROPELLED, HARD TAIL END DUMP,ARTICULATING $44.92 IT 5D 8L OFF-ROAD EQUIPMENT(UNDER 45 YD) SCRAPERS-SELF PROPELLED,HARD TAIL END DUMP,ARTICULATING $45.41 IT 5D 8L OFF-ROAD EQUIPMENT(45 YD AND OVER) SCRAPERS,CONCRETE AND CARRY ALL $44.50 1 T 5D 8L SCREED MAN $44.92 IT 5D 8L SHOTCRETE GUNITE $42.14 IT 5D 8L SLIPFORM'PAVERS $45.41 IT 5D 8L SPREADER,TOPSIDE OPERATOR-BLAW KNOX $44.92 IT 5D 8L SUBGRADE TRIMMER $44.92 IT 5D 8L TOWER BUCKET ELEVATORS $44.50 IT 5D 8L TRACTORS,(75 HP&UNDER) $44.50 IT 5D 8L TRACTORS,(OVER 75 HP) $44.92 IT 5D 8L TRANSFER MATERIAL SERVICE MACHINE $44.92 IT 5D 8L TRANSPORTERS,ALL TRACK OR TRUCK TYPE $45.41 IT 5D 8L TRENCHING MACHINES $44.50 IT 5D 8L TRUCK CRANE OILER/DRIVER(UNDER 100 TON) $44.50 IT 5D 8L TRUCK CRANE'OILER/DRIVER(100 TON&OVER) $44.92 IT 5D 8L TRUCK MOUNT PORTABLE CONVEYER $44.92 IT 5D 8L WHEEL TRACTORS,FARMALL TYPE $42.14 IT 5D 8L YO YO PAY DOZER $44.92 1 T 5D 8L POWER EQUIPMENT OPERATORS-UNDERGROUND SEWER&WATER (SEE POWER EQUIPMENT OPERATORS) POWER LINE CLEARANCE TREE TRIMMERS JOURNEY LEVEL IN CHARGE $37.61 4A 5A SPRAY PERSON $35.73 4A 5A TREE EQUIPMENT OPERATOR $36.19 4A 5A TREE TRIMMER $33.68 4A 5A TREE TRIMMER GROUNDPERSON $25.43 4A 5A REFRIGERATION&AIR CONDITIONING MECHANICS MECHANIC $55.41 1'G 5A RESIDENTIAL BRICK&MARBLE MASONS JOURNEY LEVEL $27.05 1 RESIDENTIAL CARPENTERS JOURNEY LEVEL $23.47 1 RESIDENTIAL CEMENT MASONS JOURNEY LEVEL $22.64 1 RESIDENTIAL DRYWALL TAPERS JOURNEY LEVEL $43.59 1E 5P RESIDENTIAL ELECTRICIANS JOURNEYLEVEL $26.24 1 RESIDENTIAL GLAZIERS JOURNEY LEVEL $31.99 1H 5G Page 7 KING COUNTY Effective 03-02-08 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code RESIDENTIAL INSULATION APPLICATORS JOURNEY LEVEL $17.60 1 RESIDENTIAL LABORERS JOURNEY LEVEL $18.12 1 W RESIDENTIAL PAINTERS JOURNEY LEVEL $18.36 1 RESIDENTIAL PLUMBERS&'PIPEFITTERS JOURNEY LEVEL $22.95 RESIDENTIAL REFRIGERATION&AIR CONDITIONING MECHANICS JOURNEY LEVEL $55.41 1G 5A will RESIDENTIAL SHEET METALWORKERS JOURNEY LEVEL(FIELD OR SHOP) $19.48 1 RESIDENTIAL SOFT FLOOR LAYERS JOURNEY LEVEL $36.08 1'13 5A RESIDENTIAL SPRINKLER FITTERS(FIRE PROTECTION) JOURNEY LEVEL $31.01 1B 5C RESIDENTIAL TERRAZZOfTILE FINISHERS JOURNEY LEVEL $26.30 1 RESIDENTIAL TERRAZZO/TILE SETTERS JOURNEY LEVEL $41.96 1M 5A ROOFERS JOURNEYLEVEL $36.78 1'R 5A USING IRRITABLE BITUMINOUS MATERIALS $39.78 1R 5A SHEET METAL WORKERS JOURNEY LEVEL(FIELD OR SHOP) $51.97 1E 6L 11111111 SHIPBUILDING&SHIP REPAIR BOILERMAKER $31.46 1H 6W CARPENTER $30.74 1B 6X 46 ELECTRICIAN $30.37 1B 6X HEAT&FROST INSULATOR $46.59 is 5J LABORER $29.26 1 B 6X MACHINIST $30.29 1B 6X ad OPERATOR $30.22 1B 6X PAINTER $32.34 1B 6X PIPEFITTER $30.22 1B 6X Io RIGGER $30.33 16 6X SANDBLASTER $30.22 1B 6X SHEET METAL $30.48 1'B 6X SHIPFITTER $30.32 1B 6X �I TRUCKER $30.17 1B 6X WAREHOUSE $30.20 1 B 6X WELDER/BURNER $30.32 1B 6X SIGN MAKERS&INSTALLERS(ELECTRICAL) SIGN INSTALLER $22.92 1 SIGN MAKER $21.36 1 SIGN MAKERS&INSTALLERS(NON-ELECTRICAL) rrii SIGN INSTALLER $27.28 1 SIGN MAKER $33.25 1 SOFT FLOOR LAYERS JOURNEY LEVEL $36.08 1B 5A SOLAR CONTROLS FOR WINDOWS JOURNEY LEVEL $12.44 1 5S Page 8 dw KING COUNTY Effective 03-02-08 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code r� - SPRINKLER FITTERS(FIRE PROTECTION) JOURNEYLEVEL $55.64 1X 5C STAGE RIGGING MECHANICS(NON STRUCTURAL) JOURNEY LEVEL $13.23 1 SURVEYORS CHAIN PERSON $9.35 1 INSTRUMENT PERSON $11.40 1 PARTY CHIEF $13.40 I TELECOMMUNICATION TECHNICIANS TELECOMMUNICATION TECHNICIANS JOURNEY LEVEL $22.76 1 TELEPHONE LINE CONSTRUCTION-OUTSIDE CABLE SPLICER $30.66 2B 5A HOLE DIGGERIGROUND PERSON $17.19 2B 5A INSTALLER(REPAIRER) $29.41 2B 5A JOURNEY LEVEL TELEPHONE LINEPERSON $28.53 2B 5A SPECIAL APPARATUS INSTALLER 1 $30.66 2B 5A SPECIAL APPARATUS INSTALLER II $30.05 2B 5A TELEPHONE EQUIPMENT OPERATOR(HEAVY) $30.66 2B 5A TELEPHONE EQUIPMENT OPERATOR(LIGHT) $28.53 2B 5A TELEVISION GROUND PERSON $16.31 2B 5A TELEVISION LINEPERSON/INSTALLER $21.68 2B 5A TELEVISION SYSTEM TECHNICIAN $35.78 26 5A TELEVISION TECHNICIAN $23.19 2B 5A TREE TRIMMER $28.53 2B 5A TERRAZZO WORKERS&TILE SETTERS JOURNEY LEVEL $41.96 1M 5A TILE,MARBLE&TERRAZZO FINISHERS FINISHER $35.79 1B 5A TRAFFIC CONTROL STRIPERS JOURNEY LEVEL $36.40 1K 5A TRUCK DRIVERS err ASPHALT MIX(TO 16 YARDS) $41.19 IT 5D 8L ASPHALT MIX(OVER 16 YARDS) $41.90 IT 5D 8L DUMP TRUCK $41.19 IT 5D SL DUMP TRUCK&TRAILER $41.90 IT 5D 8L OTHER TRUCKS $41.90 IT 5D 8L TRANSIT MIXER $23.45 1 WELL DRILLERS&IRRIGATION PUMP INSTALLERS IRRIGATION PUMP INSTALLER $17.71 1 OILER $12.97 1 WELL DRILLER $18.00 1 orr rw Page 9