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. CAG-02-193 1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payme'n/t is a STIPULATED SUM AGREEMENT made as of the ? day of in th9 year of 2003 THIS DOCUMENT HAS IMPORTANT LEGAL (In words,indicate day,month and year) CONSEQUENCES.CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH B E TW E E N the Owner: RESPECT TO ITS COMPLETION OR (Name,address and otherinformation) MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA City of Renton DOCUMENT MAY BE MADE BY USING AIA Community Services Department DOCUMENT D401. 1055 S. Grady Way Renton, WA 98055 AIA Document A201-1997,General Conditions of the Contract for and the Contractor: Construction,is adopted in this document (Name,address and other information) by reference.Do not use with other Athletic Fields. Inc. general conditions unless this document is 21620 SE May Valley Road modified. Issaquah. WA 98027 This document has been approved and endorsed by The Associated General The Project is: Contractors of America. (Name and location) Veterans Memorial Park Development The Architect is: (Name,address and other information) Calvin Jordan and Associates 15049 NE Bel-Red Road Bellevue, WA 98007 The Owner and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract 'w Documents,other than Modifications,appears in Article 8. ;#, # ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to 01997 AIA® the extent specifically indicated in the Contract Documents to be the responsibility of others. AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The American Institute of Architects 3.1 The date of commencement of the Work shall be the date of this Agreement unless a 1735 New York Avenue,N.W. different date is stated below or provision is made for the date to be fixed in a notice to proceed Washington,D.C.20006-5292 issued by the Owner. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, m 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below.expiration as noted below.expiration as noted below.User Document: 2003-OOIAA VETERANS PARK CONTRACT-ATHLETIC FIELDS.AIA--2/4/2003.AIA License Number 1008538,which expires on 9/3/2003. 1 (Insert the date ofcommencement ifit differs from the date of this Agreement or,ifapplicab/e,state that the date will be fixed in a notice to proceed.) Date will be fixed in a Notice to Proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests,the Owner's time requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than THIS DOCUMENT HAS IMPORTANT LEGAL days from the date of commencement,or as follows: CONSEQUENCES.CONSULTATION WITH (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of AN ATTORNEY 15 ENCOURAGED WITH commencement. Unless stated elsewhere in the Contract Documents,i an uirements for earlier Substantial RESPECT TO ITS COMPLETION OR Completion ofcertain portions ofthe Work) MODIFICATION.AUTHENTICATION OF All work to be completed b 2003. _ (�/ " THIS ELECTRONICALLY DRAFTED AIA �s� t ZOOS DOCUMENT MAY BE MADE BY USING AIA subject to adjustments of this Contract Time as pro ided in the Contract Documents. DOCUMENT D401. (Insert provisions,if any,for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) AIA Document A201-1997,General For each calendar day after date established by the above allowed time that any Conditions of the Contract for portion of the work remains incomplete and any portion of the building that remains Construction,is adopted in this document by reference.Do not use with other unavailable for occupancy (in the Owner's sole judgment). the Sum of Two Hundred general conditions unless this document is ($200.00) Dollars, not to be construed in any sense a penalty, but as fixed, agreed, modified. liquidated damages occurred by the Owner for failure of the Contractor to meet the schedule completion dates. This document has been approved and endorsed by The Associated General Contractors of America. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Ninety- Five Thousand, Seven Hundred Thirty-One Dollars and 20 Cents($ 195.731.20 ), subject to additions and deductions as provided in the Contract Documents. 44 The GenaaEt Sufn4s based u-peft fellewing a es;4-aft),whiek are ed{/ in the Gentf:arzt Doeuments and are hereby aeeepted by the Ownen. (State the numbers or other identification ofaccepted alternates.If decisions on other alternates are to be made by t Owner subsequent to the execution of this Agreement,attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires) 43 l; ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS -* 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor I� 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 01997 AIA® Contract Documents. AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT 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: The American Institute of Architects 1735 New York Avenue,N.W. Washington,D.C.20006-5292 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below.expiration as noted below.expiration as noted below.User Document:2003-OOIAA VETERANS PARK CONTRACT-ATHLETIC FIELDS.AIA--2/4/2003.AIA License Number 1008538,which expires on 9/3/2003. 2 5.1.3 hided pliemien-fe Paymeatis-eeeived*4he " ret- - n�. above,-p"ent-j64-lie-made*4ke @Nffle met-leteF-tin--days-afteF 4ke "� hint- \\ meeives-tke Appheatieft fe w--The Owner shall provide the Contractor with an Accounts Payable Calendar listing the cutoff dates for submissions of an Application for Payment. An Application for Payment must be submitted to the Architect a minimum of two (2) weeks before a cutoff date to be included in that billing cycle payment date. TH15 DOCUMENT HAS IMPORTANT LEGAL 5.1.4 Each Application for Payment shall be based on the most recent schedule of values CONSEOUENCE5.CONSULTATION WITH submitted by the Contractor in accordance with the Contract Documents. The schedule of AN ATTORNEY 15 ENCOURAGED WITH values shall allocate the entire Contract Sum among the various portions of the Work. The RESPECT TO ITS COMPLETION OR schedule of values shall be prepared in such form and supported by such data to substantiate its MODIFICATION.AUTHENTICATION OF accuracy as the Architect may require. This schedule,unless objected to by the Architect,shall TH15 ELECTRONICALLY DRAFTED AIA be used as a basis for reviewing he Contractor's Applications for Payment. DOCUMENT MAY BE MADE BY USING AIA g pP y DOCUMENT D401. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion AIA Document A201-1997,General of the Work as of the end of the period covered by the Application for Payment. Conditions of the contract for Construction,is adopted in this document 5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress by reference.Do not use with other payment shall be computed as follows: general conditions unless this document is modified. 1 Take that portion of the Contract Sum properly allocable to completed Work as This document has been approved and determined by multiplying the percentage completion of each portion of the Work by endorsed by The Associated General the share of the Contract Sum allocated to that portion of the Work in the schedule of Contractors of America. values, less retainage of Five percent ( 5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A201-1997• .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of Five percent( 5%); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997• 5.1.7 The progress payment amount determined in accordance with Subparagraph 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 ;A,— claims;and ■ (Subparagraph 9.8.5 ofAIA Document A2or-1997 requires release of applicable retainage upon Substantial Completion of Work with consent ofsurety,ifany.) 01997 AIA® .2 Add,if final completion of the Work is thereafter materially delayed through no fault AIA DOCUMENT A101-1997 of the Contractor, any additional amounts payable in accordance with Subparagraph OWNER-CONTRACTOR AGREEMENT 9.10.3 of AIA Document A201-1997. The American Institute of Architects 1735 New York Avenue, N.W. 5.1.8 Reduction or limitation of retainage,if any,shall be as follows: Washington,D.C.20006-5292 ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, m 1997 by The American Institute-6 Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below.expiration as noted below.expiration as noted below.User Document:2003-001AA VETERANS PARK CONTRACT-ATHLETIC FIELDS.AIA--2/4/2003.AIA License Number 1008538,which expires on 9/3/2003. 3 (If it is intended,prior to Substantial Completion of the entire Work,to reduce or limit the retainage resulting from the percentages inserted in Clauses 5t.6.t and 5j.6.2 above, and this is not explained elsewhere in the Contract Documents insert hereprmisionsforsuch reduction orhmitation.) Retainage shall be five percent(5%)of the contract sum until final payment 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 THIS DOCUMENT HAS IMPORTANT LEGAL made by the Owner to the Contractor when: CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 1 the Contractor has fully performed the Contract except for the Contractor's MODIFICATION.AUTHENTICATION OF responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document THIS ELECTRONICALLY DRAFTED AIA A201-1997, and to satisfy other requirements, if any, which extend beyond final DOCUMENT MAY BE MADE BY USING AIA payment;and DOCUMENT D401. .2 a final Certificate for Payment has been issued by the Architect. AIA Document A201-1997,General Conditions of the Contract for 3 Affadavits of Wa es Paid have been certified b the Washington State De t. construction,D adopted in this document 9 y 9 p by reference.Do not use with other of Labor and Industries. general conditions unless this document is modified. 4 Proof of Taxes paid has been certified by the Washington State Dept. of Revenue. This document has been approved and endorsed by The Associated General 5 Proof of release of any labor. material or other claims against retainage has Contractors of America. been submitted to the City. 6 Passage of the statutory time for filing lien claims without any such filing or if there are any lien claims filed, failure to prosecute those claims within statutory times or if timely prosecuted. final judgment. 5.2.2 The Owner-'s final pay+ftent to the Gentmeter-shall bee Made He WeE than 3 �. the is uanee of the Arcmceet Siinal Get4i}eate srPa3ffiew,of as 8 6w9: ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997• 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A2o1-1997• ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 ,6. or another Contract Document, the reference refers to that provision as amended ors supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date 0 997 AIA® payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing AIA DOCUMENT A101-1997 from time to time at the place where the Project is located. OWNER-CONTRACTOR AGREEMENT (Insert rate ofinterest agreed upon,ifany.) The American Institute of Architects 1735 New York Avenue,N.W. Usurylaws and requirements under the Federal Truth in Lending Act,similarstate and local consumer credit laws and Washington,D.C.20006-5292 other regulations at the Owner's and Contractor's principal places ofbusiness,the location of the Project and elsewhere 1915,1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, O 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below.expiration as noted below.expiration as noted below.User Document:2003-OOIAA VETERANS PARK CONTRACT-ATHLETIC FIELDS.AIA--2/4/2003.AIA License Number 1008538,which expires on 9/3/2003. 4 may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 The Owner's representative is: (Name,address and otherinformation) Jon Jainoa CIP Coordinator Communily Services Department 1055 S. Grady Way Renton,WA 98055_ 425-430-6600 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH 7.4 The Contractors representative is: AN ATTORNEY IS ENCOURAGED WITH (Name,address and other information) RESPECT TO ITS COMPLETION OR Craig Starra MODIFICATION.AUTHENTICATION OF Athletic Fields, Inc. THIS ELECTRONICALLY DRAFTED AIA 21620 SE May Valley Road DOCUMENT MAY BE MADE BY USING AIA Issaquah, WA 98027 DOCUMENT D401. 425-917-0758 AIA Document A201-1997,General 425-917-0759 (faxl Conditions of the Contract for ID#AthleFi994MJ Construction,is adopted in this document by reference.Do not use with other 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten general conditions unless this document is days written notice to the other party. modified. 7.6 Other provisions: This document has been approved and endorsed by The Associated General Contractors of America. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement,are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,AIA Document A1o1-1997• 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Document A201-1997• 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated November 12. 2002,and are as follows: Document Title Pages Section 00900 Special Conditions 3 Section 00910 Bond to the City of Renton Form 1 Section 00920 Insurance & Related Requirements 3 ., Section 01010 Summary of Work& Sequence 1 Section 01015 Special Provisions 7 � Section 01027 Application for Payment 1 01997 AIA® Section 01028 Change Orders 3 AIA DOCUMENT A101-1997 Section 01060 Regulatory Requirements 1 OWNER-CONTRACTOR AGREEMENT Section 01340 Shop Drawings Product Data& Samples 1 Section 01400 Quality Control 1 The American Institute of Architects 1735 New York Avenue,N.W. Section 01430 Inspections&Tests 2 Washington,D.C.20006-5292 Section 01500 Constr. Facilities Utilities&Temp. Controls 3 Q 1915, T9W, 1925, 1937, 195 , 1958, 1961, 9 3, 1967, 1974, 1977, 1987, O 19-9-7-by The American Institute or Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below.expiration as noted below.expiration as noted below.User Document:2003-001AA VETERANS PARK CONTRACT-ATHLETIC FIELDS.AIA--2/4/2003.AIA License Number 1008538,which expires on 9/3/2003. 5 Section 01570 Traffic Rea&kn 2 Section 01630 Product Substitutions 5 Section 01700 Project Closeout 5 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3,and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages THIS DOCUMENT HAS IMPORTANT LEGAL 02200 Excavation. Backfllin and Compaction 4 CONSEQUENCES.CONSULTATION WITH g p AN ATTORNEY IS ENCOURAGED WITH 02700 Utilities 4 RESPECT TO ITS COMPLETION OR 02810 Landscape Sprinkler System 6 MODIFICATION.AUTHENTICATION OF 02900 Landscaping 8 THIS ELECTRONICALLY DRAFTED AIA 03300 Concrete 10 DOCUMENT MAY BE MADE BY USING AIA 16050 Electrical 5 DOCUMENT D401. AIA Document A201-1997,General Conditions of the Contract for 8.1.5 The Drawings are as follows,and are dated unless a different date is shown below: Construction,is adopted in this document (Either list the Drawings here or refer to an exhibit attached to this Agreement.) by reference.Do not use with other general conditions unless this document is Number Title Date modified. Al Site Plan November 8. 2002 This document has been approved and A2 Foundation Plan November 8. 2002 endorsed by The Associated General A3 Grading and Drainage Plan November 8. 2002 Contractors of America. A4 Details November 8. 2002 L1 Landscape Plan November 8. 2002 L2 Irrigation Plan November 8. 2002 E1 Electrical Plan November 8 2002 8.1.6 The Addenda,if any,are as follows: Number Date Pages Addendum#1 November 20, 2002 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 8. 8.1.7 Other documents,if any,forming part of the Contract Documents are as follows: ..... (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A2or- 1"7 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 ifintended to be part of the Contract Documents.) IN ■ M�, .f This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the 01997 AIA® Arc ' ct for use in the administration of the Contract,and the re Oder to the Owner. AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 735 New York Avenue,N.W. MON ER (Signature) C NTRACTOR (Signature) Washington,D.C.20006-5292 Jesse Tanner, Mayor rP� Ui c Arri icu— (punted name and title) (Dintedr Ahne and title) O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, O 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below.expiration as noted below.expiration as noted below.User Document:2003-001AA VETERANS PARK CONTRACT-ATHLETIC FIELDS.AIA--2/4/2003.AIA License Number 1008538,which expires on 9/3/2003. 6 ATTEST Bonnie Walton, City Clerk THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997,General Conditions of the Contract for Construction,is adopted in this document by reference.Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. *w ®1997 AIA® AIA DOCUMENT AIOI-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue,N.W. Washington,D.C.20006-5292 O 1915, 1918, 1925, 1937, 1951, 1958, 1961,1963, 1967, 1974, 1977, 1987, O 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. 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Modifications to the Project Manual Item 1: Section 00020, Item #6: 6. TIME OF CONSTRUCTION: Forty-five (45) calendar days. No construction is permitted during the lead time. Liquidated damages thereafter at fifty dollars ($50) per day. REPLACE IN ITS ENTIRETY WITH: 6. TIME OF CONSTRUCTION: One hundred five (105) calendar days. Project must be completed by April 20, 2003. Liquidated damages thereafter at two hundred dollars ($200) per day. Item 2: Section 00030, second paragraph: The project work includes site demolition, earthwork, grading, drainage installation, electrical, irrigation modifications and installation, concrete, landscaping, coordination of sculpture installation, and installation of site furnishings, uplighting and tiles. REPLACE LAST PHRASE WITH THE FOLLOWING: ..*installation of site furnishings and uplighting. City's representative will perform installation of dedication tiles (installation by other). Item 3: Section 00040, second paragraph: Work of this Contract includes site demolition, earthwork, grading, drainage installation, electrical, irrigation modifications and installation, concrete, landscaping, coordination of sculpture installation, and installation of site furnishings, uplighting and tiles. 2001-282aa Addendum#1 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT ADDENDUM#1 REPLACE LAST PHRASE WITH THE FOLLOWING: ...installation of site furnishings and uplighting. City's representative will perform installation of dedication tiles (installation by other). Item 4: Section 01010, Part 1, 1.01, A.: A. General Description of Work: This project includes site demolition, earthwork, grading, drainage installation, electrical, irrigation modifications and installation, concrete, landscaping, coordination of sculpture installation, and installation of site furnishings, uplighting and tiles. REPLACE LAST PHRASE WITH THE FOLLOWING: ...installation of site furnishings and uplighting. City's representative will perform installation of dedication tiles (installation by other). Modifications to Plan Sheets Item 1: Sheet A-3: Add the following specifications for brass strips called out on sheet A-3: "Standard Heavytop," 2 inches high by 1/2 inch wide, brass top, manufactured by Manhattan American Terrazzo Strip Company, Inc. (336-622-4247), available through Terrazzo & Stone Supply, Bellevue, WA (425-644-1666). ADDENDUM #1 = 2 PAGES TOTAL 2001-282aa Addendum#1 PAGE 2 1 f f f PROJECT MANUAL for the f f Veterans Memorial Park f Development Third & Main Streets RENTON, WASHINGTON 98055 f Owner: CITY OF RENTON COMMUNITY SERVICES ADMIN 1055 South Grady Way Renton, WA 98055 Jon Jainga, CIP Coordinator Ph: 425 430 6602 Fx: 425 430 6603 Architect: Cal Jordan Associates, Inc. 15049 NE Bel/Red Road Bellevue, WA 98007 425-643-3123 425-643-4607 (Fax) Date: November 12, 2002 VETERANS MEMORIAL PARK DEVELOPMENT TABLE OF CONTENTS TITLE NUMBER OF PAGES Tableof Contents .................................................................................................................... 1 DIVISION O - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT 00020 Synopsis of Bidding Information ..............................................................................2 00030 Invitation to Bid........................................................................................................1 00040 Call for Bids............................................................................................................. 1 00110 Bidder's Checklist.................................................................................................... 1 00200 Instructions to Bidders .............................................................................................4 00310 Bid Proposal (also inserted separately)....................................................................5 00400 Non-Collusion, Anti-Trust, Minimum Wage Form (also inserted separately)............ 1 00420 Statement of Bidder's Qualifications (also inserted separately) ...............................2 00500 Bid Bond Form (also inserted separately)................................................................ 1 00705 General Conditions of the Contract........................................................................47 00810 Modifications to General Conditions......................................................................... 1 00900 Special Conditions...................................................................................................3 00910 Bond to the City of Renton Form ............................................................................. 1 00920 Insurance & Related Requirements .........................................................................3 DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work and Sequence............................................................................1 01015 Special Provisions....................................................................................................7 01027 Application for:Payment...........................................................................................1 01028 Change Orders........................................................................................................3 01060 Regulatory Requirements........................................................................................ 1 01340 Shop Drawings, Product Data & Samples................................................................ 1 01400 Quality Control......................................................................................................... 1 01430 Inspections & Tests .................................................................................................2 01500 Construction Facilities, Utilities, and Temporary Controls ........................................3 01570 Traffic Regulation ....................................................................................................2 01630 Product Substitutions...............................................................................................5 01700 Project Closeout..................................................................... ...............................5 DIVISION 2—SITEWORK 02200 Excavation, Backfilling and Compaction ..................................................................4 02700 Utilities.....................................................................................................................4 02810 Landscape Sprinkler System ...................................................................................6 02900 Landscaping ............................................................................................................8 DIVISION 3 —CONCRETE 03300 Concrete................................................................................................................ 10 DIVISION 16— ELECTRICAL 16050 Electrical..................................................................................................................5 2002-282aa TABLE OF CONTENTS PAGE 1 r x RIL ��v rvy fr .t s Am� , � 10. �' s� " 's r aUIR 4 14, +a ,z � �, uwM1 x r z+'+"1+�� r Sy. xR � •'�� a ,� a t ,�,..C" � '�,''" rS},Su�. �„ L �tsi� > •'M1 M1=• `sn t� � `m*� �:r 7�s i � +'�'kq'H. °��� .�`fix.��� 'f'1�. � 'a��` `r n.-. u� Yt r # � 4 + � k gyp xr �fiw� # wg 1,W, VETERANS MEMORIAL PARK DEVELOPMENT SYNOPSIS OF BIDDING INFORMATION SECTION 00020 1. PROJECT: VETERANS MEMORIAL PARK DEVELOPMENT 3rd and Main Streets Renton, WA 98055 2. OWNER: City of Renton 1055 South Grady Way Renton, WA 98055 3. OWNERS REPRESENTATIVE: Jon Jainga, Capital Project Coordinator Community Services Administration Renton City Hall, 5th Floor 1055 South Grady Way Renton, WA 98055 Phone (425) 430-6602 FAX (425) 430-6603 j4. BIDS DUE: Monday, November 25, 2002 by 2:30PM Renton City Hall -Seventh Floor—Office of the City Clerk After Bids are received and time-stamped by the City Clerk, the bids will be opened in Conference Room # 521 on the Fifth Floor of City Hall 5. TENTATIVE SCHEDULE OF WORK: The following dates represent the tentative schedule for the Work to be performed under this contract: Plans Available for Bidding Tuesday, November 12, 2002 Pre-Bid Site Walk-Thru Monday November 18, 2002 1:00 pm Bids Due by 2:30 PM Monday, November 25, 2002 Commence Construction Work January 6, 2003 6. TIME OF CONSTRUCTION: Forty-five (45) calendar days. No construction is permitted during the lead time. Liquidated damages thereafter at fifty dollars ($50) per day. 2002-282aa 00020 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT SYNOPSIS OF BIDDING INFORMATION SECTION 00020 7. BID SECURITY: Minimum 5% of bid submitted as cash, certified check, bid bond, or cashiers check 8. PERFORMANCE BOND & PAYMENT BOND: 100% of contract amount 9. WAGES: Pay state promulgated prevailing wages rates. 10. TYPE OF CONTRACT: Single lump-sum contract encompassing all work. END OF SECTION 2002-282aa 00020 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT INVITATION TO BID SECTION 00030 CITY OF RENTON COMMUNITY SERVICES ADMINISTRATION VETERANS MEMORIAL PARK DEVELOPMENT You are invited to submit a sealed bid for the work associated with development of the Veterans Memorial Park, 3rd and Main Streets, Renton, Washington. Bids will be received at the Office of the City Clerk, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton, WA, 98055 until 2:30 P.M., Monday, November 25, 2002. The bids will then be publicly opened and read aloud in the 5th Floor Conference Room #521 of City Hall. Bids received after the specified time and date will not be considered. The project work includes site demolition, earthwork, grading, drainage installation, electrical, irrigation modifications and installation, concrete, landscaping, coordination of sculpture installation, and installation of site furnishings, uplighting and tiles. 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 estimated construction cost is $300,000 including tax. The City's fair practices/non-discrimination policies and State Prevailing Wage Rates apply to this project. Bid documents will be available Tuesday, November 12, 2002 and may be obtained at the Community Services Administration Office, Renton City Hall, Fifth Floor, 1055 South Grady Way, Renton (Phone: 425 430 6600), at a non-refundable cost of $25 per set. Mailing cost is $15 extra per set. Checks only are accepted, payable to the City of Renton. Questions about the project shall be addressed to Jon Jainga, City of Renton, Community Services Administration, 1055 Grady Way, Fifth Floor, Renton, WA, 98055, phone (425) 430-6602, fax (425) 430-6603. A pre-bid site walk-through will be held on Monday, November 18, at 1:00 PM at the site. Each bidder is fully responsible for familiarizing himself with the work and the site conditions. 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. 2002-282aa 00030 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT CALL FOR BIDS SECTION 00040 CALL FOR BIDS VETERANS MEMORIAL PARK DEVELOPMENT RENTON,WASHINGTON Sealed bids for development of the Veterans Memorial Park will be received at the Office of the City Clerk, Renton City Hall, 7th Floor, 1055 South Grady Way, Renton, Washington 98055, until 2:30 PM on Monday, November 25, 2002. Bids will then be opened and publicly read aloud in the 5th Floor Conference Room #521 of City Hall. Work of this Contract includes site demolition, earthwork, grading, drainage installation, electrical, irrigation modifications and installation, concrete, landscaping, coordination of sculpture installation, and installation of site furnishings, uplighting and tiles. Plans and specifications may be examined at local Plan Centers and obtained at City of Renton Community Services Department on the Fifth Floor, Renton City Hall, 1055 South Grady Way, Renton, WA 98055 (Ph: 425 430 6600) beginning Tuesday, November 12, 2002. A non- refundable amount of $25.00 (check only, payable to City of Renton) will be charged for each set of Contract Documents. If mailed, there is an additional non-refundable fee of $15.00 per set to cover postage. A pre-bid site walk-through will be held on Monday, November 18, 2002, at 1:00 PM at the site. Each bidder is fully responsible for familiarizing himself with the work and the site conditions. A Bid Bond in the amount of 5% of the total amount of each bid must accompany each bid. The City reserves the right to reject any and all bids and waive any informalities or irregularities in bids received. The City's fair practices and non-discrimination policies and State Prevailing Wage Rates apply to this project. All proposals shall be mailed or hand delivered to: City of Renton Attn: City Clerk Renton City Hall 1055 S. Grady Way Renton, WA 98055 Bids shall be in a sealed envelope marked: "VETERANS MEMORIAL PARK DEVELOPMENT." Bonnie Walton City Clerk To be published in: Daily Journal of Commerce November 8 and 15, 2002 END OF SECTION 2002-282aa 00040 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT SECTION 00110 BIDDER'S CHECKLIST BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms, which must be executed in full as required and submitted with the bid: 1. Proposal: The bid price shall be stated in terms of a total lump. Illegible figures may invalidate the bid. 2. Proposal Signature Sheet To be filled in and signed by the Bidder. 3. Bid Bond No bond form other than the form provided within these specifications shall be acceptable to the contracting agency. The form shall be executed by the Bidder and the surety company unless bid is accompanied by a certified check. The proposal bond shall not be altered, conditioned, or modified in any way. The amount of this bond shall be not less than five percent (5%) of the total amount bid and may be shown in dollars or on a percentage basis. 4. Statement of Bidder's Qualifications To be filled in and signed by the bidder. 5. Non-Collusion Affidavit To be signed and submitted with the bid. Failure to complete the aforementioned forms and to submit said forms with the bid, shall be due cause for rejection of bid. END OF SECTION 2002-282aa 00110 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT INSTRUCTIONS TO BIDDERS SECTION 00200 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 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. 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 construction of the Project. D. A total of forty-five (45) calendar days will be allowed for the construction portion of this project. It is anticipated that Notice to Proceed will be issued thirty (30) days after the receipt of bids. 2. CONDITIONS OF THE WORK A. Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligations to furnish all material and labor necessary to carry out the provisions of his contract. B. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of t any other contractor. ■ 3. ADDENDA AND INTERPRETATIONS A. No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. B. Every request for such interpretation should be in writing addressed to the Owner's Representative, and to be given consideration must be received at least four (4) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed and faxed no later than two (2) days prior to the date fixed for the opening of bids. Failure of any bidder to receive such addenda or interpretation shall not relieve any such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. 2002-282aa 00200 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT INSTRUCTIONS TO BIDDERS SECTION 00200 4. SUBSTITUTIONS A. The materials, products, and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. B. The Owner's Representative shall have the final decision on the acceptability of substituted products. Refer to Section 01630 of the Specifications for Product Substitutions. 5. PREPARATION OF BIDS 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 g, 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 address, and the name: "Veterans Memorial Park Development- Sealed Bid Enclosed" B. All bids must be self-explanatory. No opportunity will be offered for oral explanation except as the City may request further information on particular points. C. Bids shall be submitted to the City Clerk's Office, Renton City Hall, 1055 South Grady Way, 7th Floor. Bids will be received until 2:30 pm, Monday, November 25, 2002. D. No telegraphic or fax modifications will be allowed. 7. OPENING OF BIDS Bids shall be publicly.opened and an abstract of the Bids made available to the Bidders. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bids received. The City further reserves the right to Award a Contract in whatever manner is in the City's best interest. 8. AWARD OF BID A. It is the intent of the Owner to award a Contract to the lowest responsible Bidder 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. 2002-282aa 00200 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT INSTRUCTIONS TO BIDDERS SECTION 00200 9. POST BID INFORMATION AND DOCUMENT SUBMITTAL A. The Bid Guarantee shall be a certified check, a cashier's check, or a bid bond made payable to the Owner for an amount equal to at least 5% of the Base Bid. The Owner reserves the right to hold the bid guarantees of all bidders until the successful bidder has entered into the contract and furnished the required guarantee bond, or for a period of 45 days, whichever is the shorter time. B. The bidder winning the award of this project will be required to submit the following documents to the City, within ten (10) days of Notice of Contract Award: • Standard Form of Agreement—AIA Form A101 • Certificates of Insurance (see Section 00920 for requirements) • City of Renton Business License • Performance Bond and Payment Bond (see Section 00910 for form) • City of Renton Affidavit of Compliance (see Section 00400 for form) • Affidavit of Intent to Pay Prevailing Wages. C. Should a bidder fail to enter into contract and furnish required documents within fourteen (14) days after his proposal has been accepted, his bid guarantee shall be retained by the Owner as liquidated damages, not as a penalty. 10. NOTICE TO PROCEED Notice To Proceed shall be given after the City Council, City Attorney, and Risk Manager approve the Contract and the Contract is signed by the Mayor. 11. TIME OF CONSTRUCTION After the designated date of Start of Work, the Contractor shall proceed with promptness and diligence. The Contractor has forty-five (45) calendar days to complete the construction work. All work shall be physically complete within forty-five (45) days of Notice to Proceed, unless otherwise notified by Owner. 12. LIQUIDATED DAMAGES For each calendar day after date established by the above allowed time that any portion of the work remains incomplete (in the City's sole judgment), the sum of Fifty Dollars ($50.00) (not to be construed in any sense a penalty) is the agreed liquidated damages incurred by the City for failure of the Contractor to meet the scheduled completion dates. 13. CHANGE ORDER A. When extra work is performed under an approved Change Order and paid for by acceptable lump sum or mutually agreed prices, the contractor will be limited to a 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. 2002-282aa 00200 PAGE 3 VETERANS MEMORIAL PARK DEVELOPMENT INSTRUCTIONS TO BIDDERS SECTION 00200 14. QUALIFICATIONS OF BIDDING A. Each bidder must furnish a statement of his construction experience and general ability to perform the work on the "Statement of Bidder's Qualifications" form included in the Specifications. B. The Owner may take such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligation of the contract and to complete the work contemplated therein. In addition, the Contractor covenants that he is registered and licensed as required by the laws of the State of Washington. 15. QUALIFICATIONS OF SUBCONTRACTORS The Owner reserves the right to approve or reject the subcontractors identified in the Bid Forms, after bid opening, providing the Contractor has the right to decide not to enter into the contract if the Owner so exercises the right to disqualify a subcontractor. 16. SECURITY FOR FAITHFUL PERFORMANCE Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds, as required by RCW 39.08.010, as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be duly authorized by a surety company satisfactory to the Owner. 17. CITY OF RENTON It should be noted that the City of Renton as project Owner is distinct in dealings and responsibilities from the City of Renton as building official and regulatory agency regarding compliance with existing ordinances, etc. 18. EQUAL OPPORTUNITY EMPLOYER The City of Renton is an Equal Opportunity Employer. END OF SECTION 2002-282aa 00200 PAGE 4 VETERANS MEMORIAL PARK DEVELOPMENT BID FORM SECTION 00310 FORM OF PROPOSAL ( BID ) for the VETERANS MEMORIAL PARK DEVELOPMENT 3rd and Main Streets Renton, Washington Bids Due: 2:30 P.M. Monday, November 25, 2002. L To: Renton City Hall City Clerk, Seventh Floor 1055 South Grady Way Renton, WA 98055 The undersigned hereby certifies that they have carefully examined the Contract Documents as defined in the General Conditions entitled "Veterans Memorial Park Development," 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 which may be required to complete said work within the time fixed, and upon the terms and conditions provided in said Contract Documents for consideration of the following amounts: A. LUMP SUM BID: 1. BASE BID: For all work shown in the Contract Documents 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 2002-282aa 00310 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT 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: 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 (45) forty-five 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 / DEDUCTIVE ALTERNATES: None. C. PRINCIPAL SUBCONTRACTORS: The undersigned proposes to use the following subcontractors to complete the work as shown on the drawings and described in the specifications. FIRM TASK VALUE OF WORK D. CONDITIONS OF PROPOSAL: A. DETERMINATION OF THE LOW BIDDER: The owner reserves the right to 'Award a Contract' to the Contractor submitting the lowest bid within the funds available for work included in the Total Base Bid and in whatever manner is in the Owner's best interest. 2002-282aa 00310 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT BID FORM SECTION 00310 E. PERIOD OF BID VALIDITY/ACCEPTANCE OF BID A. 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." B. BID ACCEPTANCE Acceptance of Bid: Within forty-five (45) days after the opening of Form Of Proposal, the City will act either to accept the Proposal from the lowest responsive, responsible Bidder, or to reject all Bids. The City reserves the right to request extensions of such Bid acceptance period. The acceptance of a Bid will be evidenced by a written Notice of Intent to Award Contract to the Bidder whose Bid is under consideration for acceptance, together with a request to furnish a bond, evidence of insurance to execute the agreement _set forth in the Contract Documents, and other designated documents. F. EXECUTION OF CONTRACT A. 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 Al 01 "STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR- STIPULATED SUM", 1997 edition. B. If the business is a Corporation, name of the corporation should be listed in full and both President and Secretary must sign the contract, OR if one signature is permitted by Corporation by-laws, a copy of the by-laws shall be furnished to the City and made a part of the contract document. If the business is a partnership, full name of each partner should be listed, followed by d/b/a (doing business as) and firm or trade name; any one partner may sign the contract. If business is an Individual Proprietorship, the name of the owner should appear, followed by d/b/a and the name of company. G. TIME FOR COMPLETION The undersigned hereby agrees to "FINAL COMPLETION" of all Work outlined in the Contract Documents within forty-five (45) calendar days after receipt of Notice to Proceed. H. LIQUIDATED DAMAGES A. If the Contractor fails to complete the Work by the FINAL COMPLETION DATE (or such extension of that date which might be granted by the Owner), he agrees to abide by all provisions of the Contract including Section 01700 — Project Administration and Closeout. In addition, Liquidated Damages in the amount of Fifty Dollars ($ 50.00) will be assessed for each calendar day that the Contractor exceeds the "FINAL COMPLETION DATE." 2002-282aa 00310 PAGE 3 VETERANS MEMORIAL PARK DEVELOPMENT BID FORM SECTION 00310 I. ADDENDUM RECEIPT A. Receipt of the following "ADDENDA" to the CONTRACT DOCUMENTS is acknowledged: Addendum No. Date Addendum No. Date Addendum No. Date J. EXECUTION OF PROPOSAL Name of Firm State License Registration No. Address City State Zip Code Telephone ( ) FAX ( ) The undersigned designates the above as the firm and address to which "NOTICE OF CONTRACT AWARD" may be mailed, hand delivered or delivered via facsimile. NOTE: If a Bidder is a corporation, write state of incorporation; and if a partnership, give full names and addresses of all partners below: The undersigned certifies that the above is a firm and valid BID to accomplish all Work and comply with all requirements of the Contract Documents. Date Signature Signed Printed Title 2002-282aa 00310 PAGE 4 VETERANS MEMORIAL PARK DEVELOPMENT BID FORM SECTION 00310 K. ENCLOSURES PROVIDED BY CONTRACTOR A. 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 E l r 2002-282aa 00310 PAGE 5 VETERANS MEMORIAL PARK DEVELOPMENT NON-COLLUSION AFFADAVIT/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. AND CERTIFICATION RE:ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually borne by the purchaser. Therefor,vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract,except as to overcharges resulting from anti-trust violations commencing after the date of the bid,quotation,or other event establishing the price under this order or contract. In addition,vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser,subject to the aforementioned exception. AND . MINIMUM WAGE AFFIDAVIT FORM I,the undersigned, having been duly swom,deposed,say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer,workman,or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract:that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: NON-COLLUSION AFFIDAVIT,ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT: VETERANS MEMORIAL PARK DEVELOPMENT Name of Bidders Firm signature of Authorized Representative of Bidder Subscribed and sworn to before me on this day of 2002. Notary Public in and for the State of Washington Residing at: END OF SECTION 2002-282aa 00400 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 STATEMENT OF BIDDERS QUALIFICATIONS Nameof Contractor........................................................................................................................................... Address: ........................................................................................................................................... ........................................................................................................................................................... PhoneNumber: ................................................. Fax: ................................................. Washington State Department of Labor and Industries Workmen's Compensation Account No.: ........................................................................................................................................................... Washington State Department of Licenses Contractor's Registration No..................................................................................................................................................... Expiration Date: ...............:......... Number of years the contractor has been engaged in the construction business under the present firm name indicated:................................................. Gross dollar amount of work under contract: ................................................................................ Gross dollar amount of contracts not completed: .......................................................................... Type of work generally performed by contractor: ......................................................................... ........................................................................................................................................................... List your five public projects of a similar nature that have been completed by the contractor and the gross dollar amount of each project: Bid Contact& Year Project Name Agency Phone No. Completed Amount .................................... ....................................... ................................ ................. ................... .................................... ....................................... ................................ ................. ................... 2002-282aa 00420 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 List of major pieces of equipment which are owned by the Contractor and which will be available and required for use on this project: ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... BankReferences:............................................................................................................................... Have you changed bonding companies within the last three years................................................... Ifso,why? (Optional): ................................................................................................................... .......................................................................................................................................................... Have you ever sued or been sued by the client on any public works contract for a special district,municipality, county,or state government?..................................................................................... Who?............................................................................................................................................... Forwhat reason: .............................................................................................................................. ........................................................................................................................................................... Disposition of case,if settled: ............................................................................................................ ........................................................................................................................................................... Name of Superintendent to be used on the project and how long with your company:..................... ........................................................................................................................................................... Bidder: ............................................................................................. (Printed Name of Bidder) By: ................................................................................................ (Signature of Authorized Official) Title: ................................................................................................ END OF SECTION 2002-282aa 00420 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT 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 II Men b These Presents: That we, as Principal, and as Surety, are held and firmly bound until the City of Renton, as Obligee, in the penal sum of Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS DAY OF , 20_. Principal Surety Received return of deposit in the sum of$ END OF SECTION 2002-282aa 00500 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT GENERAL CONDITIONS SECTION 00705 1. GENERAL CONDITIONS OF THE CONTRACT A. STANDARD FORM The General Conditions of the Contract for Construction, AIA Document A201 as referenced and as follows, Articles 1 through 14 inclusive. They are included as part of the contract. The Contractor and all subcontractors shall read and be governed by them, with enclosed "Modifications to General Conditions" in Section 00810. 1 END OF SECTION "GENERAL CONDITIONS of the CONTRACT for CONSTRUCTION," PAGES 1-46 FOLLOW THIS SECTION i t t 2002-282aa 00705 PAGE 1 1997 Edition - Electronic Format AIA Document A201 - 1997 General Conditions of the Contract for Construction TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITHAN 3. CONTRACTOR ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 4. ADMINISTRATION OF THE CONTRACT MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 5. SUBCONTRACTORS DOCUMENT MAY BE MADE BYU51NGAIA DOCUMENT D401. 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS This document has been approved and ' endorsed by The Associated General 7. CHANGES IN THE WORK Contractors of America. 8, TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT INDEX Addenda Acceptance of Nonconforming Work 1.1-1,3.11 9.6.6,9.9.3,11.3 Additional Costs,Claims for ar�rr ' Acceptance of Work 4.3-4,4.3-5,4-3.6,6.1.1,10.3 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3,12.3 Additional Inspections and Testing Access to Work 9.8.3,12.2.1,13.5 3.16, 6.2.1,12.1 Additional Time,Claims for % Accident Prevention 4.3.4,4.3.7,8.3.2 4.2.3,10 ADMINISTRATION OF THE CONTRACT Acts and Omissions 3.1.3,4,9.4,9.5 2 2 12.8,3.18,4.2• ,4.3.8,4.4.1,8. 1, Advertisement or Invitation to Bid ®1997 AIA® 3• ,3.3• ,3• 3 3• AIA DOCUMENT A201- 1997 9.5-1,10.2-5,13-4.2,13.7,14.1 1.1.1 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 1 Aesthetic Effect 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4,11.4.7 4.2.13,4.5.1 Architect's Representations Allowances 9.4.2,9.5.1,9.10.1 3.8 Architect's Site Visits All-risk Insurance 4.2.2,4.2.5,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2, 11.4.1.1 9.10.1,13.5 Applications for Payment Asbestos 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, 10.3.1 9.10,11-1.3,14.2-4,14-4.3 Attorneys'Fees Approvals 3.18.1,9.10.2,10.3.3 2.4,3.1.3,3.5,3.10.2,3.12,4.2.7,9.3.2,13.4.2, Award of Separate Contracts 13.5 6.1.1,6.1.2 Arbitration Award of Subcontracts and Other Contracts for 4.3.3,4.4,4.5.1,4.5.2,4.6,8.3.1,9.7.1,11.4.9, Portions of the Work 11.4.10 5.2 Architect Basic Definitions THIS DOCUMENT HAS IMPORTANT LEGAL 4.1 1.1 CONSEQUENCES.CONSULTATION WITH AN Architect,Definition of Bidding Requirements ATTORNEY IS ENCOURAGED WITH 4.1.1 1.1.1,1.1-7,5.2.1,11-5.1 RESPECT TO ITS COMPLETION OR Architect,Extent of Authority Boiler and Machinery Insurance MODIFICATION.AUTHENTICATION OF THIS 2.4,3.12.7,4.2,4.3.6,4.4,5.2,6.3>7.1.2,7.3.6, 11.4.2 ELECTRONICALLY DRAFTED AIA 7.4,9.2,9.3.1,9.4,9.5,9.8.3,9.10.1, 9.10.3,12.1, Bonds,Lien DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 12.2.1,13.5.1,13.5.2,14.2.2,14.2.4 9.10.2 Architect,Limitations of Authority and Bonds,Performance,and Payment This document has been approved and Responsibility 7.3.6.4,9.6.7,9.10.3,11.4.9,11.5 endorsed by The Associated General 2.1.1,3.3.3,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1, Building Permit Contractors of America. 4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13, 3.7.1 4.4,5.2.1,7.4,9.4.2,9.6.4,9.6.6 Capitalization Architect's Additional Services and Expenses 1.3 2.4,11.4-1.1,12.2.1,13-5.2,13-5.3,14.2.4 Certificate of Substantial Completion Architect's Administration of the Contract 9.8.3,9.8.4,9.8.5 3.1.3, 4.2,4.3.4,4.4,9.4,9.5 Certificates for Payment Architect's Approvals 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1, 2.4,3.1.3,3.5.1,3.10.2,4.2.7 9.10.1,9.10.3,13-7,14-1-1-3,14.2-4 Architect's Authority to Reject Work Certificates of Inspection,Testing or Approval 3.5.1,4.2.6,12.1.2,12.2.1 13.5.4 Architect's Copyright Certificates of Insurance 1.6 9.10.2,11-1.3 Architect's Decisions Change Orders 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1, 1.1.1,2.4.1,3.4.2,3.8.2.3,3.11.1,3.12.8,4.2.8, 4.4.5,4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2, 4.3.4,4-3.9,5-2-3,7.1,7.2,7.3,8.3-1,9.3-1.1, 9.4,9.5.1,9.8.4,9.9.1,13.5.2,14.2.2,14.2.4 9.10.3,11.4-1.2,11-4.4,11-4.9,12.1.2 Architect's Inspections Change Orders,Definition of 4.2.2,4.2.9,4.3.4,9.4.2,9.8.3,9.9.2,9.10.1,13.5 7.2.1 Architect's Instructions CHANGES IN THE WORK 3.2.3,3.3.1,4.2.6,4.2.7,4.2.8,7.4.1,12.1,13.5.2 3.11,4.2.8, 7,8.3.1,8.3.1.1,11.4.9 Architects Interpretations Claim,Definition of 4.2.11,4.2.12,4.3.6 Architect's Project Representative 4.3.1 4 210 Claims and Disputes Architect's Relationship with Contractor 3.2.3,4.3,4.4,4.5,4.6,6.1.1,6.3,7.3.8,9.3.3, ++ , A 1.1.2,1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2, 9.10.4,10.3.3 3.5.1,3.7.3,3.10,3.11,3.12,3.16,3.18,4.1.2,4.1.3, Claims and Timely Assertion of Claims 4.2,4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2, 4.6.5 9.3,9-4,9.5,9.7,9.8,9.9, 10.2.6,10.3,11.31 Claims for Additional Cost 01997 AIA® 11.4.7,12,13.4.2,13.5 3.2.3,4.3.4,4.3.5,4.3.6,6.1.1,7.3.8,10.3.2 AIA DOCUMENT A201-1997 Architect's Relationship with Subcontractors Claims for Additional Time GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION >)Copyrig t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by T Fe- American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 2 3.2-3,4.3-4,4.3.7,6.1.1,8.3.2,10-3.2 1.1.2 Claims for Concealed or Unknown Conditions CONTRACT, TERMINATION OR 4.3.4 SUSPENSION OF THE Claims for Damages 5.4-1.1,11-4.9, 14 3.2-3,3J8,4.3.1o,6.1.1,8.3-3,9.5.1,9.6-7,10-3.3, Contract Administration 11-1.1,11-4.5,11-4.7,14-1.3,14.2.4 3-1-3,4,9-4,9-5 Claims Subject to Arbitration Contract Award and Execution,Conditions 4.4-1,4.5.1,4.6.1 Relating to Cleaning Up 3.7.1,3.10,5.2,6.1,11.1.3,11.4.6,11.5.1 3.15,6.3 Contract Documents,The Commencement of Statutory Limitation Period 1.1,1.2 13.7 Contract Documents,Copies Furnished and Use Commencement of the Work,Conditions of Relating to 1.6,2.2.5,5.3 2.2.1,3.2.1,3.4.1,3.7.1,3.10.1,3.12.6,4.3.5,5.2.1, Contract Documents,Definition of THIS DOCUMENT HAS IMPORTANT LEGAL 5.2.3,6.2.2,8.1.2,8.2.2,8.3.1,11.1, 11.4.1,11.4.6, 1.1.1 CONSEQUENCES.CONSULTATION WITH AN 11.5.1 Contract Sum ATTORNEY IS ENCOURAGED WITH Commencement of the Work,Definition of 3.8,4.3.4,4.3.5,4.4.5,5.2.3,7.2,7.3,7.4,9.1, RESPECT TO ITS COMPLETION OR 8.1.2 9.4.2,9.5.1.4,9.6.7,9-7)10-3.2,11-4.1, 14.2.4, MODIFICATION.AUTHENTICATION OF THIS Communications Facilitating Contract 14,3.2 ELECTRONICALLY DRAFTED AIA Administration Contract Sum,Definition of DOCUMENT MAY BE MADE BY USING AIA 3.9.1, 4.2.4 9.1 DOCUMENT D401. Completion,Conditions Relating to Contract Time 1.6.1,3.4.1,3.11,3.15,4.2.2,4.2.9,8-z,9.4.2,9.8, 4.3.4,4.3.7,4.4.5,5.2.3,7.2.1.3,7.3,7.4,8.1.1, This document has been approved and 9.9.1,9.10,12.2,13.7,14-1.2 8.2,8.3.1,9.5.1,9.7,10.3.2,12.1.1, 14.3.2 endorsed by The Associated General COMPLETION, PAYMENTS AND Contract Time,Definition of Contractors of America. 9 8.1.1 Completion,Substantial CONTRACTOR 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 3 9.10-4.2,12.2,13.7 Contractor,Definition of Compliance with Laws 3.1,6.1.2 1.6.1,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8, Contractor's Construction Schedules 4.6-4,4.6.6,9.6-4,10.2.2,11.1,11.4,13.1,13.4, 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 13-5.1,13.5-2,13.6,14-1.1,14.2.1.3 Contractor's Employees Concealed or Unknown Conditions 3.3.2,3.4.3,3.8•1,3.9,3J8•2,4.2.3,4.2.6,10.2, 4.3-4,8.3.1,10.3 10.3,11-1.1,11-4.7,14.1,14.2.1.1, Conditions of the Contract Contractor's Liability Insurance 1.1.1,1.1.7,6.1.1,6.1.4 11.1 Consent,Written Contractor's Relationship with Separate 1.6,3.4.2,3•i2•8,3.14.2,4.1.2,4.3-4,4-6.4,9.3-2, Contractors and Owner's Forces 9.8-5,9.9.1,9.10.2,9.10.3,11-4.1, 13.2,13-4.2 3.12.5,3.14.2,4.2.4,6,11-4.7,12.1.2,12.2.4 CONSTRUCTION BY OWNER OR BY Contractor's Relationship with Subcontractors SEPARATE CONTRACTORS 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, 1.1-4,6 11.4-1.2,11-4.7,11-4.8 Construction Change Directive,Definition of Contractor's Relationship with the Architect 7.3.1 1.1.2,1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2, wow Construction Change Directives 3-5-1,3.7.3,3.10,3.11,3.12,3.16,3.18, 4.1.2,4.1.3, 1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 4.2,4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2, Construction Schedules,Contractor's 9.3,9.4,9.5,9.7,9.8,9.9, 10.2.6,10.3,u.3, 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 11.4.7,12,13.4.2,13.5 Contingent Assignment of Subcontracts Contractor's Representations :�„• ;�� 5.4,14.2.2.2 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 Continuing Contract Performance Contractors Responsibility for Those 43.3 Performing the Work 01997 AIA® Contract,Definition of 3.3.2,3•i8,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, AIA DOCUMENT A201-1997 10 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 19 1, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 3 Contractor's Review of Contract Documents 4.2.6,4.2.7,4-2.11,4.2.12,4.2-13,4.3-4,4-4-1, 1.5.2,3.2,3.7.3 4.4.5,4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.23 Contractors Right to Stop the Work 9.4,9.5.1,9.8.4,9.9.1,13.5.2,14.2.2,14.2.4 9.7 Decisions to Withhold Certification Contractor's Right to Terminate the Contract 9.4.1,9.5,9.7,14.1-1.3 4.3.10,14.1 Defective or Nonconforming Work,Acceptance, Contractor's Submittals Rejection and Correction of 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2,9.3, 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6, 9.8.2,9.8-3,9.9.1,9.10.2,9.10.3, 11-1.3,11-5.2 9.8.2,9.9.3,9.10.4,12.2.1,13.7.1.3 Contractor's Superintendent Defective Work,Definition of 3.9,10.2.6 3.5.1 Contractor's Supervision and Construction Definitions Procedures 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, 4.3.1,5.1,6.1.2, 2.1,7.3.1,7.3.6,8.1, 7. 9.1,9.8.1 6.2.4,7.1-3,7.3-4,7.3.6,8.2,10,12,14 Delays and Extensions of Time Contractual Liability Insurance 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, THIS DOCUMENT HAS IMPORTANT LEGAL 11.1.1.8,11.2,11.3 7.4.1,7.5.1,8.3,9.5.1,9.7.1,10.3.2, 1o.6.1,14.3.2 CONSEQUENCES.CONSULTATION WITH AN Coordination and Correlation Disputes ATTORNEY IS ENCOURAGED WITH 1.2,1.5.2,3.3.1,3.10,3.12.6,6.1.3,6.2.1 4.1.4,4.3,4.4,4.5,4.6,6.3,7.3.8 RESPECT TO ITS COMPLETION OR Copies Furnished of Drawings and Documents and Samples at the Site MODIFICATION.AUTHENTICATION OF THIS Specifications 3.11 ELECTRONICALLY DRAFTED AIA 1.6,2.2.5,3.11 Drawin g s,Definition of DOCUMENT MAY BE MADE BY USING AIA Copyrights DOCUMENT D401. 1.1.5 1.6,3.17 Drawings and Specifications,Use and This document has been approved and 2.3,2. Correction ,3 Work Ownership of endorsed by The Associated General .7.4,4.2.1,9.4.2,9.8.2,9.8.3,9.9.1, 1.1.1,1.3,2.2.5,3.11,5.3 Contractors of America. Correlation and Intent of the Contract 12. Effective Date of Insurance a3n 13.7'1.3 Documents 8.2.2,11.1.2 1.2 Emergencies Cost,Definition of 4.3-5, 10.6,14.1-1.2 7-3.6 Employees,Contractor's Costs 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6,10.2, 2.4,3.2.3>3.7.43 3.8.2,3.15.2,4.3,5.4.2,6.1.1, 10.3,11.1.1,11.4.7,14.1,14.2.1.1 Equipment,Labor,Materials and 6.2.3,7.3.3.3,7.3.6,7.3.7>7.3.8,9.10.2,10.3.2, 10.5,11.3,11.4,12.1,12.2.1,12.2-4,13.5,14 1.1-3,1.1.63 3.4>3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, Cutting and Patching 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3, 6.2-5,3.14 9.5.1.3,9.10.2,10.2.1,10.2-4,14.2.1.2 Execution and Progress of the Work Damage to Construction of Owner or Separate Contractors 1,1.3,1.2.1,1.2.2,2.2.3,2.2.5,3.1,3.3,3.4,3.5,3.7, 1 3.14.2,6.2.4,9.2.1.5,10.2.1.2,10.2.5,10.6,11.1, 3-10,3.12>3. 4,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3, 7.3.4,8.2,9.5,9.9.1,10.2,10.3,12.2,14.2,14.3 11.4,12.2.4 Extensions of Time Damage to the Work 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3> 3.14.2,9.9.1,10.2.1.2,10.2.5,10.6,11.4,12.2.4 Damages,Claims for 7.4.1,9.5.1,9.7.1,10.3.2,lo.6.1,14.3.2 Failure of Payment 3.2.3,3.18,4.3.1o,6.1.1,8.3.33 9.5.1,9.6.7,10.3.3, 4.3.6,9.5.1.3,9.7,9.10.2,14.1-1.3,14.2.1.2,13.6 11-1.1,11-4.5,11-4.7,14-1.3,14.2.4 Faulty Work Damages for Delay 6.1.1,8.3-3,9.5.1.6,9.7,10-3.2 (See Defective or Nonconforming Work) Date of Commencement of the Work, Final Completion and Final Payment Definition of 4.2.1,4.2.9,4.3.2,9.8.2,9.10,11.1.2,11.1.3,11.4.1, 8.1.2 11.4.5,12.3.1,13.7,14.2.4,14.4.3 �, 4 Date of Substantial Completion,Definition of Financial Arrangements,Owner's f�+ " 8.1.3 2.2.1,13.2.2,14.1-1.5 Day,Definition of Fire and Extended Coverage Insurance 11.4 01997 AIA® 8.1.4 GENERAL PROVISIONS AIA DOCUMENT A201-1997 Decisions of the Architect GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION Kopyng t 1911, 1915, 1918, 1925, 1937, 1951, 958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 4 1 13.6 1 Governing Law Interpretation 13.1 1.2.3, 1.4,4.1.1,4.3.1,5.1,6.1.2,8.1.4 Guarantees(See Warranty) Interpretations,Written Hazardous Materials 4.2.11,4.2.12,4.3.6 10.2.4,10.3,1o.5 Joinder and Consolidation of Claims Required Identification of Contract Documents 4.6.4 1.5.1 Judgment on Final Award Identification of Subcontractors and Suppliers 4.6.6 5.2.1 Labor and Materials,Equipment Indemnification 1.1-3,1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13, 3.17,3.18,9.10.2,10-3.3,10.5,11-4.1.2,11-4.7 3.15.1,42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3, Information and Services Required of the Owner 9.5.1.3,9.10.2,10.2.1,10.2-4,14.2.1.2 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, Labor Disputes 6.1-4,6.2-5,9.3.2,9.6.1,9.6-4,9.9.2, 9.10.3, 8.3.1 THIS DOCUMENT HAS IMPORTANT LEGAL 10-3.3,11.2,11.4,13-5.1,13-5.2,14.1-1.4,14-1.4 Laws and Regulations CONSEQUENCES.CONSULTATION WITHAN Injury or Damage to Person or Property 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, ATTORNEY IS ENCOURAGED WITH 4.3.8,10.2,1o.6 9.6-4,9.9.1,10.2.2,11.1,11.4,13.1, 13-4,13-5-1, RESPECT TO ITS COMPLETION OR Inspections 13-5.2,13.6,14 MODIFICATION.AUTHENTICATION OF THIS 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.2, Liens ELECTRONICALLY DRAFTED AIA 9.8.3,9.9.2,9-10.1,12.2.1,13.5 2.1.2,4.4.8,8.2.2,9.3.3,9.10 DOCUMENT MAY BE MADE BY USING AIA Instructions to Bidders Limitation on Consolidation or Joinder DOCUMENT D401. 1.1.1 4.6.4 Instructions to the Contractor Limitations,Statutes of This document has been approved and 3.2.3,3.3.1,3.8.1,4.2.8,5.2.1,7,12,8.2.2,13.5.2 4.6.3,12.2.6,13.7 endorsed by The Associated General Insurance Limitations of Liability Contractors of America. 3.18.1,6.1.1,7.3.6,8.2.1,9.3.2,9.8.4,9.9.1, 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.10,3.17,3.18, 9.10.2, 9.10.5,11 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4, 9.6.7, Insurance,Boiler and Machinery 9.10.4,10-3.3,10-2.5,11.1.2,11.2.1,11-4.7,12.2-5, 11.4.2 13.4.2 Insurance,Contractor's Liability Limitations of Time 11.1 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, Insurance,Effective Date of 4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.4,7.3, 8.2.2,11.1.2 7.4,8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8, Insurance,Loss of Use 9.9,9.10,11-1.3,11.4.1.5,11.4.6,11.4.10,12.2,13.5, 11.4.3 13.7,14 Insurance,Owner's Liability Loss of Use Insurance 11.2 11.4.3 Insurance,Project Management Protective Material Suppliers Liability 1.6,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6, 11.3 9.10.5 Insurance,Property Materials,Hazardous 10.2.5, 11.4 10.2.4,10.3,10.5 Insurance,Stored Materials Materials,Labor,Equipment and 9.3.2,11.4.1.4 1.1.3,1.1.6,1.6.1,3.4,3.5.1,3.8.2,3.8.23,3.12,3.13, INSURANCE AND BONDS 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1, 7.3.6,9.3.2,9.3.3, 11 9.5.1.3,9.10.2,10.2.1,10.2-4,14.2.1.2 r. Means,Methods,Techniques,Sequences and Insurance Companies,Consent to Partial Procedures of Construction Occupancy 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 9.9-1,U-4-1.5 Mechanic's Lien Insurance Companies,Settlement with 4.4•g �o 11.4.10 Mediation Intent of the Contract Documents 1.2.1,4.2.7,4.2.12,4.2.13,7.4 4.4.1,4.4.5,4.4.6,4.4.8,4.5,4.6.1,4.6.2,8.3.1, 01997 AIA® Interest 10.5 AIA DOCUMENT A201-1997 Minor Changes in the Work GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION » opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, m 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 5 E 1.1.1,3.12.8,4.2.8,4.3.6,7.1,7.4 11.2 MISCELLANEOUS PROVISIONS Owner's Loss of Use Insurance 13 11.4.3 Modifications,Definition of Owner's Relationship with Subcontractors 1.1.1 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2,14.2.2 Modifications to the Contract Owner's Right to Carry Out the Work 1.1.1,1.1.2,3.7.3,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1, 2.4,12.2-4-14.2.2.2 9.7,10.3.2,11.4.1 Owner's Right to Clean Up Mutual Responsibility 6.3 6.2 Owner's Right to Perform Construction and to Nonconforming Work,Acceptance of Award Separate Contracts 9.6.6,9.9.3, 12.3 6.1 Nonconforming Work,Rejection and Owner's Right to Stop the Work Correction of 2.3 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.8.2,9.9.3, Owner's Right to Suspend the Work THIS DOCUMENT HAS IMPORTANT LEGAL 9.10.4,12.2.1,13.7.1.3 14.3 CONSEQUENCES.CONSULTATION WITH AN Notice Owner's Right to Terminate the Contract ATTORNEY IS ENCOURAGED WITH 2.2.1,2.3,2.4,3.2.3,3.3.1,3.7.2,3.7.4,3.12.9,4.3, 14.2 RESPECT TO ITS COMPLETION OR 4.4.8,4.6.5,5.2.1,8.2.2,9.7,9.10,10.2.2,11-1.3, Ownership and Use of Drawings,Specifications MODIFICATION.AUTHENTICATION OF THIS 11-4.6,12.2.2,12.2-4,13.3,13-5.1,13-5.2,14.1,14.2 and Other Instruments of Service ELECTRONICALLY DRAFTED AIA Notice,Written 1.1.1, 1.6,2.2.5,3.2.1,3.11.1,3.17.1,4.2.12,5.3 DOCUMENT MAY BE MADE BY USING AIA 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8, Partial Occupancy or Use DOCUMENT D401. 4.6-5,5.2.1,8.2.2,9.7,9.10,10.2.2,10.3, 11.1.3, 9.6.6,9.9,11.4-1.5 11-4.6,12.2.2,12.2-4, 13.3,14 Patching,Cutting and This document has been approved and Notice of Testing and Inspections endorsed by The Associated General 13-5.1,13-5.2 3.14,6.2.5 Contractors of America. Notice to Proceed Patents 3.17 8'2'2 Payment,Applications for Notices,Permits,Fees and 4.2.5,7.3.8,9.2>9.3,9-4,9.5.1,9.6-3,9.7.1, Observationnss,,Contractor's 2.2.2, 7.3.6.4,10.2.2 9.8-5,9.10.1,9.10.3,9.10.5,11-1.3,14.2-4,14-4.3 Payment,Certificates for 1.5.2,3.2,3.7.3,4.3.4 Occupancy 4.2.5,4.2.9,9.3-3,9.4,9.5,9.6.1,9.6.6,9.7.1,2.2.2,9.6.6,9.8,11.4.1.5 9•10.1,9.10.3,13.7,14.1-1.3,14.2.4 Orders,Written Payment,Failure of 1.1.11 2.3,3.9,4.3.6,7,8.2.2,11.4.9,12.1,12.2, 4-3.6,9-5-1-3, 9.7,9.10.2,14.1-1.3,14.2.1.2,13.6 13-5.2,14-3.1 Payment,Final OWNER 4.2.1,4-2.9,4-3.2,9.8.2,9.10,11.1.2,11.1.3,11.4.1, 2 11.4.5,12.3.1,13.7,14.2.4,14.4.3 Owner,Definition of Payment Bond,Performance Bond and 2.1 7.3.6.4,9.6.7,9.10.3,11.4.9, 11.5 Owner,Information and Services Required of Payments,Progress the 4.3.3,9.3,9.6,9.8.5,9.10.3,13.6,14.2.3 2.1.2,2.2,3.2.1,3.12.4, 12.10,4.2. , PAYMENTS AND COMPLETION 4 3• 7 4.3.3,6.1.3, 6.1.4,6.2-5,9.3.2,9.6.1,9.6-4,9.9.2,9.10.31 9 Pa Payments to Subcontractors 10-3.3,11.2,11.4,13-5.1,13-5.2,14.1-1.4,14-1.4 Owner's Authority 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7,11.4.8, �• 1.6,2.1.1,2.3,2.4,3.4.2,3.8.1,3.12.10,3.14.2, 14.2.1.2 4.1.2,4.1-3,4.2-4,4.2.9,4.3.6,4.4-7, 5.2-1,5.2-4, PCB 5.4.1,6.1,6.3,7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2, 10.3.1 9.5-1,9.9.1,9-10.2, 10.3.2,11.1.3,11.3.1,11.4.3, Performance Bond and Payment Bond f � 11.4.10,12.2.2,12.3.1,13.2.2,14.3,14.4 7.3.6.4,9.6.7,9.10.3,11.4.9, 11.5 Owner's Financial Capability Permits,Fees and Notices 2.2.1,13.2.2,14.1-1.5 2.2.2,3.7,3.13,7.3.6-4,10.2.2 01997 AIA® Owner's Liability Insurance PERSONS AND PROPERTY, PROTECTION AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE »Copyng 1 1911, 1915, 1918, 1925, 1937, 1951, 1958, -1961, 1963, 1966, 1967, 1970, 1976, 1987, m 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--1118/2002.AIA License Number 1008538,which expires on 9/3/2003. 6 OF Review of Shop Drawings,Product Data and 10 Samples by Contractor Polychlorinated Biphenyl 3.12 10.3.1 Rights and Remedies Product Data,Definition of 1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6,4.3.4,4.5,4.6, 3.12.2 5.3,5.4,6.1,6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5,10.3, Product Data and Samples,Shop Drawings 12.2.2,12.2.4, 13.4,14 3.11,3.12,4.2.7 Royalties,Patents and Copyrights Progress and Completion 3.17 4.2.2,4.3.3,8.2,9.8,9.9.1,14.1.4 Rules and Notices for Arbitration Progress Payments 4.6.2 4.3-3,9.3,9.6,9.8-5,9-10.3,13.6,14.2.3 Safety of Persons and Property Project,Definition of the 10.2,1o.6 1.1.4 Safety Precautions and Programs Project Management Protective Liability 3.3.1,4.2.2,4.2.7,5.3.1, 10.1,10.2,1o.6 THIS DOCUMENT HAS IMPORTANT LEGAL Insurance Samples,Definition of CONSEQUENCES.CONSULTATION WITHAN 11.3 3.12.3 ATTORNEY IS ENCOURAGED WITH Project Manual,Definition of the Samples,Shop Drawings,Product Data and RESPECT TO ITS COMPLETION OR 1.1.7 3.11,3.12,4.2.7 MODIFICATION.AUTHENTICATION OF THIS Project Manuals Samples at the Site,Documents and ELECTRONICALLY DRAFTED AIA 2.2.5 3.11 DOCUMENT MAY BE MADE BY USING AIA Project Representatives Schedule of Values DOCUMENT D401. 4.2.10 9.2,9-3-1 This document has been approved and Property Insurance Schedules,Construction endorsed by The Associated General 10.2.5, 11.4 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 Contractors of America. PROTECTION OF PERSONS AND Separate Contracts and Contractors PROPERTY 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1, 10 11.4.7, 12.1.2,12.2.5 Regulations and Laws Shop Drawings,Definition of 3.12.1 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, Shop Drawings,Product Data and Samples 9.6.4,9.9.1,10.2.2,11.1,11.4,13.1, 13.4,13.5.1, 3.11,3.12,4.2.7 13.5.2,13.6,14 Rejection of Work Site,Use of 3.5-1,4.2.6,12.2.1 3.13,6.1.1,6.2.1 Releases and Waivers of Liens Site Inspections 9.10.2 1.2.2,3.2.1,3.3.3,3.7.1,4.2,4.3.4,9.4.2,9.10.1, Representations Site Visits,Architect's 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1, 9.8.2,9.10.1 4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1,13.5 Representatives Special Inspections and Testing 2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.10,5.1.1,5.1.2, 4.2.6,12.2.1,13.5 13 21 Specifications,Definition of the Resolution of Claims and Disputes 1.1.6 4.4,4.5,4.6 Specifications,The Responsibility for Those Performing the Work 1.1.1, 1.1.6,1.1.7,1.2.2,1.6,3.11,3.12.10,3.17 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, Statute of Limitations 10 4.6-3,12.2.6,13.7 Retainage Stopping the Work 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 2.3,4.3.6,9.7,10.3,14.1 Review of Contract Documents and Field Stored Materials �. Conditions by Contractor 6.2.1,9.3.2,10.2.1.2,10.2.4,11.4.1.4 + •icy 1.5.2,3.2,3.7.3,3.12.7,6.1.3 Subcontractor,Definition of Review of Contractor's Submittals by Owner and 5.1.1 Architect SUBCONTRACTORS 01997 AIA® 10.1,3.10.2,3.11,3.12,4.2,5.2,6.1. 2,9. .2 AIA DOCUMENT A201-1997 3• 3,9• 8 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced ' with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 7 Subcontractors,Work by TERMINATION OR SUSPENSION OF THE 1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2, CONTRACT 9.6.7 14 Subcontractual Relations 5.3,5.4,9.3.1.2,9.6,9.1010.2.1,11-4.7,11-4.8, Tests and Inspections 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 14.1,14.2.1,14.3.2 Submittals 9.10.1,10.3.2,11.4.1.1,12.2.1,13.5 1.6,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2 TIME 9.3,9.8,9.9.1,9.10.2,9.10.3,11.1.3 8 Subrogation,Waivers of Time,Delays and Extensions of 6.1.1,11-4.5, 11.4.7 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, Substantial Completion 7.4-1,7.5-1,8.3,9.5.1,9.7.1,10.3.2, 1o.6.1,14.3.2 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, Time Limits 9.10-4.2,12.2,13.7 2.1.23 2.2,2.43 3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, Substantial Completion,Definition of 4.234-3,4.4,4.5,4.6,5-2,5.3,5.4, 6.2-4,7.3, 9.8a 7.4,8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9-6,9.7,9.8, THIS DOCUMENT HAS IMPORTANT LEGAL Substitution of Subcontractors 9.9,9-10,11-1.3,11.4-1.5, 11-4.6,11.4-10,12.2,13.5, CONSEQUENCES.CONSULTATION WITH AN 5.2.3,5.2.4 13.7,14 ATTORNEY IS ENCOURAGED WITH Substitution of Architect Time Limits oil Claims RESPECT TO ITS COMPLETION OR 4.3.2,4.3.4,4.3.8,4.4,4.5,4.6 MODIFICATION.AUTHENTICATION OF THIS 4'� Substitutions DRAFTED AIA of Materials Title to Work DOCUMENT MAY BE MADE BY USING AIA 3.4.2,3.5.1,7.3.7 9.3.2,9-3.3 Sub-subcontractor,Definition of UNCOVERING AND CORRECTION OF DOCUMENT D401. 5.1.2 WORK This document has been approved and Subsurface Conditions 12 endorsed by The Associated General 4.3.4 Uncovering of Work Contractors of America. Successors and Assigns 12.1 13.2 Unforeseen Conditions Superintendent 3.9,10.2.6 4.3-4,8.3.1,10.3 Unit Prices Supervision and Construction Procedures 4.3.9,7.3.3.2 1.2.2, 3.3, 3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, Use of Documents 6.2-4,7.1-3,7.3.6,8.2,8.3.1,9.4.2,10, 12,14 1.1.1,1.6,2.2-5,3-12.6,5-3 Surety Use of Site 4-4.7,5.4-1.2,9.8-5,9.10.2,9-10.3,14.2.2 3.13,6.1.1,6.2.1 Surety,Consent of Values,Schedule of 9.10.2,9.10.3 9.2,9.3.1 Surveys Waiver of Claims by the Architect 2.2.3 13.4.2 Suspension by the Owner for Convenience Waiver of Claims by the Contractor 14.4 4.3.10,9.10.5,11.4.7,13.4.2 Suspension of the Work Waiver of Claims by the Owner 5.4.2 14.3 4.3.10,9.9.3,9.10.3,9.10.4,11-4.3,11-4.5,11-4.7, Suspension or Termination of the Contract 12.2.2.1,13-4.2,14.2.4 4.3.6,5.4.1.1,11.4.9,14 Waiver of Consequential Damages Taxes 4.3.10,14.2.4 3.6,3.8.2.1,7.3.6.4 Waiver of Liens Termination by the Contractor 9.10.2,9.10.4 4.3-10, 14.1 Waivers of Subrogation Termination by the Owner for Cause 6.1.1,11.4.5, 11.4.7 4.3.10,5.4.1.1, 14.2 Warranty -5;• 'f Termination of the Architect 3.5,4.2.93 4.3.5.33 9.3.3,9.8.4,9.9.1,9.10.4, 4.1.3 12.2.2,13.7.1.3 Termination of the Contractor Weather Delays 01997 AIA® 14.2'2 4.3.7.2 AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE Kopyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 966, 1967, 1970, 1976, 1987, O 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 8 Work,Definition of 4.6.5,5.2.1,8.2.2,9.7,9.10,10.2.2,10.3, 11.1.3, 1.1.3 11-4.6,12.2.2,12.2-4, 13.3,14 Written Consent Written Orders 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 1.1.1,2.3,3.9,4.3.6,7,8.2.2,11.4.9,12.1,12.2, 9.8.5,9.9.1,9.10.2,9.10.3,11.4.1, 13.2,13.4.2 13.5.2,14.3.1 ' Written Interpretations 4.2.11,4.2.12,4.3.6 Written Notice 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8, ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS THIS DOCUMENT HAS IMPORTANT LEGAL The Contract Documents consist of the Agreement between Owner and Contractor CONSEQUENCES.CONSULTATION WITHAN (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other ATTORNEY IS ENCOURAGED WITH Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, RESPECT TO ITS COMPLETION OR other documents listed in the Agreement and Modifications issued after execution of the MODIFICATION.AUTHENTICATION OF THIS Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2) ELECTRONICALLY DRAFTED AIA a Change Order,(3) a Construction Change Directive or(4) a written order for a minor change DOCUMENT MAY BE MADE BY USING AIA in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the DOCUMENT D401. Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders,sample forms,the Contractor's bid This document has been approved and or portions of Addenda relating to bidding requirements). endorsed by The Associated General Contractors of America. 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind(1) between the Architect and Contractor, (2)between the Owner and a Subcontractor or Sub-subcontractor, (3) between the Owner and Architect or(4) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. '.i 1.1.5 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 01997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 191 , 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, m 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 9 The Specifications are that portion of the Contract Documents consisting of the written requirements for materials,equipment,systems,standards and workmanship for the Work,and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is a volume assembled for the Work which may include the bidding requirements,sample forms,Conditions of the Contract and Specifications. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 1.2.2 Organization of the Specifications into divisions, sections and articles, and ATTORNEY IS ENCOURAGED WITH arrangement of Drawings shall not control the Contractor in dividing the Work among RESPECT TO ITS COMPLETION OR Subcontractors or in establishing the extent of Work to be performed by any trade. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known DOCUMENT MAY BE MADE BY USING AIA technical or construction industry meanings are used in the Contract Documents in accordance DOCUMENT D401. with such recognized meanings. This document has been approved and 1.3 CAPITALIZATION endorsed by The Associated General 1.3.1 Terms capitalized in these General Conditions include those which are (i) specifically Contractors of America. defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any' and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE 1.6.1 The Drawings, Specifications and other documents, including those in electronic t+� form, prepared by the Architect and the Architect's consultants are Instruments of Service f•. - .• through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications 01997 AIA® and other documents prepared by the Architect or the Architect's consultants, and unless AIA DOCUMENT A201- 1997 otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 10 them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Architect,on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors,Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice,if any,shown on the Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be THIS DOCUMENT HAS IMPORTANT LEGAL construed as publication in derogation of the Architect's or Architect's consultants' copyrights CONSEQUENCES.CONSULTATION WITHAN or other reserved rights. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR ARTICLE 2 OWNER MODIFICATION.AUTHENTICATION OF THIS 2.1 GENERAL ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred DOCUMENT D401. 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 This document has been approved and matters requiring the Owner's approval or authorization. Except as otherwise provided in endorsed by The Associated General Subparagraph 4.2.1, the Architect does not have such authority. The term "Owner" means the Contractors of America. Owner or the Owner's authorized representative. 2.1.2 The Owner shall furnish to the Contractor within Fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate,give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall,at the written request of the Contractor,prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract.Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. After such evidence has been furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. 2.2.2 Except for permits and fees,including those required under Subparagraph 3.7.1,which are the responsibility of the Contractor under the Contract Documents,the Owner shall secure and pay for necessary approvals,easements,assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. ;r- 2.2.4 � Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Any other information or services 01997 AIA® relevant to the Contractor's performance of the Work under the Owner's control shall be AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION » opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, m 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 11 furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity,except to the extent required by Subparagraph 6.1.3. THIS DOCUMENT HAS IMPORTANT LEGAL 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK CONSEQUENCES.CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the RESPECT TO ITS COMPLETION OR Contract Documents and fails within a seven-day period after receipt of written notice from MODIFICATION.AUTHENTICATION OF THIS the Owner to commence and continue correction of such default or neglect with diligence and ELECTRONICALLY DRAFTED AIA promptness, the Owner may after such seven-day period give the Contractor a second written DOCUMENT MAY BE MADE BY USING AIA notice to correct such deficiencies within a three-day period. If the Contractor within such DOCUMENT D401. three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, This document has been approved and correct such deficiencies. In such case an appropriate Change Order shall be issued deducting endorsed by The Associated General from payments then or thereafter due the Contractor the reasonable cost of correcting such Contractors of America. deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor"means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to 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 other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 Since the Contract Documents are complementary,before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other 1 Contract Documents relative to that portion of the Work,as well as the information furnished , A;;+#� � by the Owner pursuant to Subparagraph 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it.These obligations are for the purpose of facilitating construction by the Contractor ®1997 AIA® and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract AIA DOCUMENT A201-1997 Documents; however, any errors, inconsistencies or omissions discovered by the Contractor GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 196 , 19 0, 197 , 1987, O 1997 y T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 12 shall be reported promptly to the Architect as a request for information in such form as the Architect may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect,but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances,building codes,and rules and regulations,but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2,the Contractor shall pay such costs and damages to THIS DOCUMENT HAS IMPORTANT LEGAL the Owner as would have been avoided if the Contractor had performed such obligations.The CONSEQUENCES.CONSULTATION WITHAN Contractor shall not be liable to the Owner or Architect for damages resulting from errors, ATTORNEY IS ENCOURAGED WITH inconsistencies or omissions in the Contract Documents or for differences between field RESPECT TO ITS COMPLETION OR measurements or conditions and the Contract Documents unless the Contractor recognized MODIFICATION.AUTHENTICATION OF THIS such error, inconsistency, omission or difference and knowingly failed to report it to the ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA Architect. DOCUMENT D401. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES This document has been approved and 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill endorsed by The Associated General and attention.The Contractor shall be solely responsible for and have control over construction Contractors of America. means,methods,techniques,sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means,methods,techniques,sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe,the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor,the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. ' 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water, heat, utilities, transportation, and other facilities and services necessary for proper execution ' - and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 01997 AIA® 3.4.2 The Contractor may make substitutions only with the consent of the Owner, after AIA DOCUMENT A201- 1997 evaluation by the Architect and in accordance with a Change Order. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 13 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements,including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 3.6 TAXES ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 3.6.1 The Contractor shall pay sales,consumer,use and similar taxes for the Work provided MODIFICATION.AUTHENTICATION OF THIS by the Contractor which are legally enacted when bids are received or negotiations concluded, ELECTRONICALLY DRAFTED AIA whether or not yet effective or merely scheduled to go into effect. DOCUMENT MAY BE MADE BY USING AIA Insert A: 3.6.2 Contractor shall submit records of taxes paid to the Department of DOCUMENT D401. Revenue in conformance with State requirements Retainage of final payment will be This document has been approved and released after State Department of Revenue affidavit is received from the State and endorsed by The Associated General other contractual requirements are met. Contractors of America. 3.7 PERMITS, FEES AND NOTICES 3.7.1 less "'chcernyise pr-eN,ided--it34heGatttrc"aet DeEutmenis,4he zvxiir-acte —,hA ,eet*xa- a-ftd-pay-fey-the it-aii4 otheF-permits-ate -fees f Senses-a*4- inspeetiens neeessa seear-ed aftef exeEtifien ofthe lenlrarl and hi h legally 1 ,1 wheft bids are d . The Contractor shall apply and pay for all necessary permits or licences required for the execution of the Work except that the Owner shall apply and pay for the building permit demolition permit plan check fee environmental impact statement checklist fees. traffic mitigation fees fire mitigation fees parks mitigation fees wetland buffer mitigation fees and L.I.D. fees 3.7.2 The Contractor shall comply with and give notices required by laws,ordinances,rules, regulations and lawful orders of public authorities applicable to performance of the Work._ The Contractor's Operations shall meet requirements of applicable Federal State law and all safety regulations set forth in "Safety Standards for Construction" and "General Safety Standards." published and in effect at the time of receipt of bids as promulgated by the Department of Labor and Industries 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith,the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. ,'.' "r 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,building codes,and rules and regulations without such notice to the Architect and Owner,the Contractor shall assume appropriate responsibility for such Work and shall bear the 01997 AIA® costs attributable to correction. AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1969,-1967, 1970, 1976, 1987, O 1997 by e CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 14 i i 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: 1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site,labor,installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; .3 whenever costs are more than or less than allowances,the Contract Sum shall be THIS DOCUMENT HAS IMPORTANT LEGAL adjusted accordingly by Change Order. The amount of the Change Order shall CONSEQUENCES.CONSULTATION WITH AN reflect (1) the difference between actual costs and the allowances under Clause ATTORNEY IS ENCOURAGED WITH 3.8.2.1 and(2)changes in Contractors costs under Clause 3.8.2.2. RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in ELECTRONICALLY DRAFTED AIA sufficient time to avoid delay in the Work. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 3.9 SUPERINTENDENT This document has been approved and 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants endorsed by The Associated General who shall be in attendance at the Project site during performance of the Work. The Contractors of America. superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,Specifications,Addenda,Change Orders and other Modifications,in good order and marked currently to record field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required f�„• ; 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. ®1997 AIA® 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION »Copyrig t 191 , 19 5, 1918, 19 5, 1937, 1951, 1958, 1961, 1963, 196 , 196 , 1970, 1976, 1987, O 199 y The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until ' the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 15 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor,Sub-subcontractor,manufacturer,supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials,equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the THIS DOCUMENT HAS IMPORTANT LEGAL Contract Documents. Review by the Architect is subject to the limitations of Subparagraph CONSEQUENCES.CONSULTATION WITHAN 4.2.7. Informational submittals upon which the Architect is not expected to take responsive ATTORNEY 15 ENCOURAGED WITH action may be so identified in the Contract Documents. Submittals which are not required by RESPECT TO ITS COMPLETION OR the Contract Documents may be returned by the Architect without action. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 3.12.5 The Contractor shall review for compliance with.the Contract Documents, approve DOCUMENT MAY BE MADE BY USING AIA and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals DOCUMENT D401. required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. This document has been approved and Submittals which are not marked as reviewed for compliance with the Contract Documents endorsed by The Associated General and approved by the Contractor may be returned by the Architect without action. Contractors of America. 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data,Samples or similar submittals until the respective submittal has been approved by the Architect. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (>) 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 s , approval of a resubmission shall not apply to such revisions. . 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the 01997 A1A® Contract Documents for a portion of the Work or unless the Contractor needs to provide such AIA DOCUMENT A201- 1997 services in order to carry out the Contractor's responsibilities for construction means,methods, GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION »Copyng t 1911, 1915, 1918, 1925, 193 , 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by The— American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/812002.AIA License Number 1008538,which expires on 9/3/2003. 16 techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all 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 such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract THIS DOCUMENT HAS IMPORTANT LEGAL Documents. The Contractor shall not be responsible for the adequacy of the performance or CONSEQUENCES.CONSULTATION WITHAN design criteria required by the Contract Documents. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 3.13 USE OF SITE MODIFICATION.AUTHENTICATION OFTHN 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA ordinances,permits and the Contract Documents and shall not unreasonably encumber the site DOCUMENT D401. with materials or equipment. This document has been approved and 3.14 CUTTING AND PATCHING endorsed by The Associated General 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to Contractors of America. complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor;such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools,construction equipment,machinery and surplus materials. 3.15.2 If the Contractor fails to cleanup as provided in the Contract Documents,the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in i preparation and progress wherever located. 3.17 ROYALTIES, PATENTS AND COPYRIGHTS ' 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof,but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or '0 AIA ' manufacturers is required b the Contract Documents or where the copyright violations are AIA DOCUMENT A201-1997 q Y PYng GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 17 contained in Drawings,Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design,process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Paragraph 11.3, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim,damage, loss or expense is attributable to bodily injury,sickness, disease or death, or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,regardless of whether THIS DOCUMENT HAS IMPORTANT LEGAL or not such claim, damage,loss or expense is caused in part by a party indemnified hereunder. CONSEQUENCES.CONSULTATION WITH AN Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations ATTORNEY IS ENCOURAGED WITH of indemnity which would otherwise exist as to a party or person described in this Paragraph RESPECT TO ITS COMPLETION OR 3J8. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 3.18.2 In claims against any person or entity indemnified under this Paragraph 3J8 by an DOCUMENT D407. employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under This document has been approved and Subparagraph 3J8.> shall not be limited by a limitation on amount or type of damages, endorsed by The Associated General compensation or benefits payable by or for the Contractor or a Subcontractor under workers' Contractors of America. compensation acts,disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect"means the Architect or the Architect's authorized representative. 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. 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be an Owner's representative (>) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one-year period for correction of Work described in Paragraph 12.2. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (i) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work 01997 AIA® completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 18 and (3)to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 4.2.4 Communications Facilitating Contract Administration. Except as otherwise THIS DOCUMENT HAS IMPORTANT LEGAL provided in the Contract Documents or when direct communications have been specially CONSEQUENCES.CONSULTATION WITHAN authorized,the Owner and Contractor shall endeavor to communicate with each other through ATTORNEY IS ENCOURAGED WITH the Architect about matters arising out of or relating to the Contract.Communications by and RESPECT TO ITS COMPLETION OR with the Architect's consultants shall be through the Architect. Communications by and with MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA Subcontractors and material suppliers shall be through the Contractor. Communications by DOCUMENT MAY BE MADE BY USING AIA and with separate contractors shall be through the Owner. DOCUMENT D401. 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the This document has been approved and Architect will review and certify the amounts due the Contractor and will issue Certificates for endorsed by The Associated General Payment in such amounts. Contractors of America. 4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3,Whether or not such Work is fabricated,installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors, material and equipment suppliers,their agents or employees,or other persons or entities performing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 01997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by Me — American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 19 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner, for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concerning performance under and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in THIS DOCUMENT HAS IMPORTANT LEGAL compliance with this Paragraph 4.2,then delay shall not be recognized on account of failure by CONSEQUENCES.CONSUL TATION WITH AN the Architect to furnish such interpretations until 15 days after written request is made for the IS ENCOURAGED WITH them. RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and DOCUMENT MAY BE MADE BY USING AIA reasonably inferable from the Contract Documents and will be in writing or in the form of DOCUMENT D401. drawings. When making such interpretations and initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either This document has been approved and and will not be liable for results of interpretations or decisions so rendered in good faith. endorsed by The Associated General Contractors of America. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Time Limits on Claims. Claims by either party must be initiated within u days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later.Claims must be initiated by written notice to the Architect and the other party. 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Subparagraph 9.71 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. i 4.3.4 Claims for Concealed or Unknown Conditions.If conditions are encountered at the site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical '% 'A conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than u days after first 01997 AIA® observance of the conditions. The Architect will promptly investigate such conditions and, if AIA DOCUMENT A201-1997 they differ materially and cause an increase or decrease in the Contractor's cost of, or time GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 y T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 20 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 so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted,but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time,the adjustment shall be referred to the Architect for initial determination,subject to further proceedings pursuant to Paragraph 4.4• 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph io.6. THIS DOCUMENT HAS IMPORTANT LEGAL Insert B: 4.1,5.1 When extra work is performed under an approved Change Order CONSEQUENCES.CONSULTATION WITHAN and paid for by acceptable lump sum or mutually agreed prices the Contractor will be ATTORNEY IS ENCOURAGED WITH limited to a markup of 10% overhead and profit including employment taxes. fringe MODIFIT TION. UTHEETIONOR benefits related labor costs on materials to be entered into the work and on the MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA ownership or rental costs of construction plant and equipment employed during the DOCUMENT MAYBE MADE BY USING AIA time of the extra work The markup does not apply to cost of materials. DOCUMENT D40I. Insert C: When extra work is performed as above by a subcontractor to the General This document has been approved and ' Contractor, the General Contractor shall be limited to a 10% markup on the endorsed by The Associated General subcontractor's work. Contractors of America. Insert D: No further markup shall be permitted to cover the Contractor's costs for bonding insurance and the like. 4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to(1) a written interpretation from the Architect,(2) an order by the Owner to stop the Work where the Contractor was not at fault,(3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner,(5)termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3• 4.3.7 Claims for Additional Time 43.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time,written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible,written notice of such injury or damage, .+,�. � whether or not insured,shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. ®1997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 21 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted. 4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: 1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons;and .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 THIS DOCUMENT HAS IMPORTANT LEGAL the Work. CONSEQUENCES.CONSULTATION WITHAN ATTORNEY 15 ENCOURAGED WITH This mutual waiver is applicable,without limitation,to all consequential damages due to either RESPECT TO ITS COMPLETION OR party's termination in accordance with Article 14.Nothing contained in this Subparagraph 4.3.10 MODIFICATION.AUTHENTICATION OF THIS shall be deemed to preclude an award of liquidated direct damages, when applicable, in ELECTRONICALLY DRAFTED AIA accordance with the requirements of the Contract Documents. DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Architect. Claims,including those alleging an error or omission by the This document has been approved and Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred endorsed by The Associated General initially to the Architect for decision.An initial decision by the Architect shall be required as a Contractors of America. condition precedent to mediation,arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless 3o days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In evaluating Claims,the Architect may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data,if any, the + , Architect will either reject or approve the Claim in whole or in part. . 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or 01997 AIA® Contract Time or both. The approval or rejection of a Claim by the Architect shall be final and AIA DOCUMENT A201- 1997 binding on the parties but subject to mediation and arbitration. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, m 1997 by The— American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mein pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 22 4.4.6 When a written decision of the Architect states that(i)the decision is final but subject to mediation and arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 3o days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 3o days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor.If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. 4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or the Owner may,but is not obligated to,notify the surety,if any,of the nature and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Architect or the Owner may,but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. THIS DOCUMENT HAS IMPORTANT LEGAL 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such CONSEQUENCES.CONSULTATION WITHAN Claim may proceed in accordance with applicable law to comply with the lien notice or filing ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR deadlines prior to resolution of the Claim by the Architect,by mediation or by arbitration. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 4.5 MEDIATION DOCUMENT MAY BE MADE BY U51NG AIA 4.5.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic DOCUMENT D401. effect and except those waived as provided for in Subparagraphs 4.3.10, 9.10.4 and 9.10.5 shall, after initial decision by the Architect or 3o days after submission of the Claim to the Architect, This document has been approved and be subject to mediation as a condition precedent to arbitration or the institution of legal or endorsed by The Associated General equitable proceedings by either party. Contractors of America. 4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association.The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. 4.5.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 4.6 ARBITRATION 4.6.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.10,9.10.4 and 9.1o.5, shall, after decision by the Architect or 3o days after submission of the Claim to the Architect, be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Paragraph 4.5• �— Insert E• If a dispute arises out of or relates to this contract or the breach thereof. and ' if said dispute cannot be resolved through administrative procedures and mediation, the Contractor shall advise the Architect in writing that arbitration is desired according to the mediation rules of the American Arbitration Association. Insert F• The costs of such arbitration shall be borne equally by all parties unless it is ®1991 A'A® the board's majority opinion that the Contractor's filing of the protest or action is GE DOCUMENT A2 -1997 NERAL CONDITION S OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 23 capricious or without reasonable foundation. In the latter case all costs shall be borne by the Contractor. 4.6.2 Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association,and a copy shall be filed with the Architect. 4.6.3 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.4.6 and 4.6.1 as applicable,and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.6.4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN to the Contract shall include,by consolidation or joinder or in any other manner,the Architect, ATTORNEY IS ENCOURAGED WITH the Architect's employees or consultants, except by written consent containing specific RESPECT TO ITS COMPLETION OR reference to the Agreement and signed by the Architect, Owner, Contractor and any other MODIFICATION.AUTHENTICATION OF THIS person or entity sought to be joined.No arbitration shall include,by consolidation or joinder or ELECTRONICALLY DRAFTED AIA in any other manner, parties other than the Owner, Contractor, a separate contractor as .DOCUMENT MAY BE MADE BY USING AIA described in Article 6 and other persons substantially involved in a common question of fact or DOCUMENT D401. law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall This document has been approved and be included as an original third party or additional third party to an arbitration whose interest endorsed by The Associated General or responsibility is insubstantial.Consent to arbitration involving an additional person or entity Contractors of America. shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 4.6.5 Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. 4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub- subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF 01997 AIA® THE WORK AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 24 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 will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect,after due investigation,has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN performing the Work,the Contract Sum and Contract Time shall be increased or decreased by ATTORNEY IS ENCOURAGED WITH the difference, if any, occasioned by such change, and an appropriate Change Order shall be RESPECT TO ITS COMPLETION OR issued before commencement of the substitute Subcontractor's Work. However,no increase in MODIFICATION.AUTHENTICATION OF THIS the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has ELECTRONICALLY DRAFTED AIA acted promptly and responsively in submitting names as required. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. This document has been approved and endorsed by The Associated General 5.3 SUBCONTRACTUAL RELATIONS Contractors of America. 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, 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 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 which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub- subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS ®� 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for A ov cause pursuant to Paragraph 14.2 and only for those subcontract agreements , which the Owner accepts by notifying the Subcontractor and Contractor in ls� writing;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond 01997 AIA® relating to the Contract. AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION »Copyng T 1111, 1111, 1918, 1925, 1937, 19,11, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, - 199 y e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. Washington,D.C.20006-5292 States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 25 i 5.4.2 Upon such assignment, if the Work has been suspended for more than 3o days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 43• THIS DOCUMENT HAS IMPORTANT LEGAL 6.1.2 When separate contracts are awarded for different portions of the Project or other CONSEQUENCES.CONSULTATION WITHAN construction or operations on the site, the term Contractor in the Contract Documents in ATTORNEY IS ENCOURAGED WITH each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces ELECTRONICALLY DRAFTED AIA and of each separate contractor with the Work of the Contractor, who shall cooperate with DOCUMENT MAY BE MADE BY USING AIA them. The Contractor shall participate with other separate contractors and the Owner in DOCUMENT D401. reviewing their construction schedules when directed to do so. The Contractor shall make any This document has been approved and revisions to the construction schedule deemed necessary after a joint review and mutual endorsed by The Associated General agreement. The construction schedules shall then constitute the schedules to be used by the Contractors of America. Contractor,separate contractors and the Other until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces,the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3,this Article 6 and Articles io,a and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor,the Contractor shall,prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or , ',, defective construction of the Contractor.The Owner shall be responsible to the Contractor for 15;; " costs incurred by the Contractor because of delays, improperly timed activities,damage to the Work or defective construction of a separate contractor. 01997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 26 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Subparagraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor,separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL THIS DOCUMENT HAS IMPORTANT LEGAL 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and CONSEQUENCES.CONSULTATION WITH AN without invalidating the Contract, by Change Order, Construction Change Directive or order ATTORNEY IS ENCOURAGED WITH for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere RESPECT TO ITS COMPLETION OR in the Contract Documents. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and DOCUMENT MAY BE MADE BY USING AIA Architect; a Construction Change Directive requires agreement by the Owner and Architect DOCUMENT D401. and may or may not be agreed to by the Contractor; an order for a minor change in the Work This document has been approved and may be issued by the Architect alone. endorsed by The Associated General Contractors of America. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order,Construction Change Directive or order for a minor change in the Work. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor and Architect,stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment,if any,in the Contract Sum;and .3 the extent of the adjustment,if any,in the Contract Time. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3• 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive,without invalidating the Contract, order changes 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 "k 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: ®'99' nin® ] g AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 27 .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be THIS DOCUMENT HAS IMPORTANT LEGAL recorded as a Change Order. CONSEQUENCES.CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH 7.3.6 If the Contractor does not respond promptly or disagrees with the method for RESPECT TO ITS COMPLETION OR adjustment in the Contract Sum, the method and the adjustment shall be determined by the MODIFICATION.AUTHENTICATION OF TH15 Architect on the basis of reasonable expenditures and savings of those performing the Work ELECTRONICALLY DRAFTED AIA attributable to the change, including, in case of an increase in the Contract Sum, a reasonable DOCUMENT MAY BE MADE BY USING AIA allowance for overhead and profit. In such case, and also under Clause DOCUMENT D401. P 7.3.3.3> the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting This document has been approved and together with appropriate supporting data. Unless otherwise provided in the Contract endorsed by The Associated General Documents,costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: Contractors of America. 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 consumed; .3 rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work;and .5 additional costs of supervision and field office personnel directly attributable to the change. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement M with part or all of such costs.For any portion of such cost that remains in dispute,the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change 1, , Order, subject to the right of either party to disagree and assert a claim in accordance with j#Y� Article 4. ■rte 7.3.9 When the Owner and Contractor agree with the determination made by the Architect 01997 AAA® concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, m 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 28 agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents.Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided,Contract Time is the period of time, including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. THIS DOCUMENT HAS IMPORTANT LEGAL 8.1.2 The date of commencement of the Work is the date established in the Agreement. CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance RESPECT TO ITS COMPLETION OR with Paragraph 9.8. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless DOCUMENT MAY BE MADE BY USING AIA otherwise specifically defined. DOCUMENT D401. This document has been approved and 8.2 PROGRESS AND COMPLETION endorsed by The Associated General 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By Contractors of America. executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article a to be furnished by the Contractor and Owner.The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner,the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. V'�''�� 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of 01997 AIA® Paragraph 4.3. AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 29 8.3.3 This Paragraph 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment,the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 9.3 APPLICATIONS FOR PAYMENT ATTORNEY IS ENCOURAGED WITH 9.3.1 At least ten days before the date established for each progress payment,the Contractor RESPECT TO ITS COMPLETION OR shall submit to the Architect an itemized Application for Payment for operations completed in MODIFICATION.AUTHENTICATION OF THIS accordance with the schedule of values. Such application shall be notarized, if required, and ELECTRONICALLY DRAFTED AIA supported by such data substantiating the Contractor's right to payment as the Owner or DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents. Applications This document has been approved and made after the day of the month or the time period established as the final day for endorsed by The Associated General acceptance will be considered in the next payment period Application shall be made Contractors of America. on AIA Form G702 and G703. breakdown of work delineated on Form G703 shall be detailed on Schedule of Values. Insert G: a. The Owner shall retain a sum equal to five percent (5%) of the amount earned by the Contractor, as a trust fund for the protection and payment of an person or persons, mechanics, subcontractor. or material suppliers who shall perform any labor upon this Contract and all persons who shall supply such person or persons of Subcontractors with provisions and supplies for carrying on of such work and the State of Washington with respect to taxes imposed pursuant to RCW Title 82 which may be due from same Contractor. Insert H: b. In accordance with the provisions of Chapter 60.28 RCW above trust fund shall be retained for a minimum period of sixty (60) days following Final Completion and when the requirements of the Contract and requirements in Section 01700-Project Administration and Closeout have been fulfilled Insert I: In the event these requirements are not met the Owner may pay a percentage of the retainage holding back that quantity of money reasonable to complete the unfinished items Retainage held may cover costs including but shall not be limited to, the following: material suppliers and laborer's liens tax liens cost and attorney's fees to defray the cost of foreclosing all of the liens costs and Architect's fees to defray cost of additional Construction Administration services Refer to Specifications Section 01700, Project Administration and Closeout for Rv additional provisions on this subject. ff 9.3.1.1 As provided in Subparagraph 7.3.8, such applications may include requests for payment on account of changes in the Work which have been properly authorized by 01997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by T e CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia-- 11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 30 Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned Pon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITHAN 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment ATTORNEY IS ENCOURAGED WITH OR will ass to the Owner no later than the time of payment.The Contractor further warrants a RESPECT ITS COMPLETION P P � f t that MODIFICATION.AUTHENTICATION OF THIS upon submittal of an Application for Payment all Work for which Certificates for Payment ELECTRONICALLY DRAFTED AIA have been previously issued and payments received from the Owner shall, to the best of the DOCUMENT MAY BE MADE BY USING AIA Contractor's knowledge, information and belief, be free and clear of liens, claims, security DOCUMENT D401. interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and This document has been approved and equipment relating to the Work. endorsed by The Associated General Contractors of America. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue to the Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However,the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or 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 M the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account , of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the 01997 AIA® representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect AIA DOCUMENT A201-1997 is unable to certify payment in the amount of the Application, the Architect will notify the GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION NCopyrig t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, m 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 31 Contractor and Owner as provided in Subparagraph 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 subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 3.3.2,because of: .l defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; THIS DOCUMENT HAS IMPORTANT LEGAL .5 damage to the Owner or another contractor; CONSEQUENCES.CONSULTATION WITH AN .6 reasonable evidence that the Work will not be completed within the Contract ATTORNEY IS ENCOURAGED WITH Time, and that the unpaid balance would not be adequate to cover actual or RESPECT TO ITS COMPLETION OR liquidated damages for the anticipated delay;or MODIFICATION.AUTHENTICATION OF THIS .7 persistent failure to carry out the Work in accordance with the Contract ELECTRONICALLY DRAFTED AIA Documents. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 9.5.2 When the above reasons for withholding certification are removed, certification will This document has been approved and be made for amounts previously withheld. endorsed by The Associated General 9.6 PROGRESS PAYMENTS Contractors of America. 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 promptly pay each Subcontractor, upon receipt of payment from the Owner,out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work,the amount to which said Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum 01997 AIA® of the Contract Sum, payments received by the Contractor for Work properly performed by AIA DOCUMENT A201-1997 Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects IN quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 32 suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitration,then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up,plus interest as provided for in THIS DOCUMENT HAS IMPORTANT LEGAL the Contract Documents. CONSEQUENCES.CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH 9.8 SUBSTANTIAL COMPLETION RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or ELECTRONICALLY DRAFTED AIA designated portion thereof is sufficiently complete in accordance with the Contract Documents DOCUMENT MAY BE MADE BY USING AIA so that the Owner can occupy or utilize the Work for its intended use. DOCUMENT D401. 9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner This document has been approved and agrees to accept separately, is substantially complete, the Contractor shall prepare and submit endorsed by The Associated General to the Architect a comprehensive list of items to be completed or corrected prior to final Contractors of America. payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 9.8.3 Upon receipt of the Contractors list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. 9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them 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. 01997 AIA® 9.9 PARTIAL OCCUPANCY OR USE AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION »Copyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 33 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Clause 11.4.1.5 and authorized by public authorities having jurisdiction over the Work.Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,retainage,if any,security, maintenance,heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached,by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and THIS DOCUMENT HAS IMPORTANT LEGAL Architect shall jointly inspect the area to be occupied or portion of the Work to be used in CONSEQUENCES.CONSULTATION WITH AN order to determine and record the condition of the Work. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA Work shall not constitute acceptance of Work not complying with the requirements of the DOCUMENT MAY BE MADE BY U51NG AIA Contract Documents. DOCUMENT D40I. 9.10 FINAL COMPLETION AND FINAL PAYMENT This document has been approved and 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and endorsed by The Associated General acceptance and upon receipt of a final Application for Payment, the Architect will promptly Contractors of America. make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner)have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 3o 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 establishing payment or satisfaction of obligations, such as receipts, releases and waivers of �s 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 k1#4 made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien,including all costs and reasonable attorneys'fees. 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially 01997 AIA® AIA DOCUMENT A201-1997 delayed through no fault of the Contractor or by issuance of Change Orders affecting final GENERAL CONDITIONS OF THE ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 34 completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens,Claims,security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; THIS DOCUMENT HAS IMPORTANT LEGAL or 3 terms of special warranties required by the Contract Documents. CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier MODIFICATION.AUTHENTICATION OF THIS shall constitute a waiver of claims by that payee except those previously made in writing and ELECTRONICALLY DRAFTED AIA identified by that payee as unsettled at the time of final Application for Payment. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS This document has been approved and endorsed by The Associated General 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all Contractors of America. 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 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-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. Insert J: 4. Other property at the site or adjacent thereto, including occupants of said propel/ customers visitors and passersby from nJury and discomfort. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. Insert K: It shall be the responsibility of the Contractor to comply with all requirements of the Occupational Safety and Health Act of 1971 (OSHA) and the Laws of Washington Relative to Industrial Safety and Health. The methods of compliance with ;; ,�A safety and health precautions are the responsibility of the Contractor and are not " +ali:;w shown on the Contract Drawing or described in the Technical Specification. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and 01997 AIA® AIA DOCUMENT A201-1997 performance of the Contract,reasonable safeguards for safety and protection,including posting GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 35 E danger signs and other warnings against hazards,promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3,except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under THIS DOCUMENT HAS IMPORTANT LEGAL Paragraph 3.18. CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization RESPECT TO ITS COMPLETION OR at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA superintendent unless otherwise designated by the Contractor in writing to the Owner and DOCUMENT MAY BE MADE BY U51NG AIA Architect. DOCUMENT D401. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be This document has been approved and loaded so as to endanger its safety. endorsed by The Associated General Contractors of America. ry 10.3 HAZARDOUS MATERIALS 10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and,in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the i� Contractor's reasonable additional costs of shut-down, delay and start-up, which adjustments shall be accomplished as provided in Article 7. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless .. . _ .. the Contractor,Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys'fees,arising out of or resulting from performance of the Work in the affected area 01997 AIA® if in fact the material or substance presents the risk of bodily injury or death as described in AIA DOCUMENT A201-1997 Subparagraph 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION <opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 36 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) and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. 10.4 The Owner shall not be responsible under Paragraph 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. 10.5 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.6 EMERGENCIES 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at THIS DOCUMENT HAS IMPORTANT LEGAL the Contractor's discretion, to prevent threatened damage, injury or loss. Additional CONSEQUENCES.CONSULTATIONWITHAN compensation or extension of time claimed by the Contractor on account of an emergency ATTORNEY 15 ENCOURAGED WITH shall be determined as provided in Paragraph 4.3 and Article 7. RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS ARTICLE 11 INSURANCE AND BONDS ELECTRONICALLY DRAFTED AIA 11.1 CONTRACTOR'S LIABILITY INSURANCE DOCUMENT MAY BE MADE BY USING AIA 11.1.1 The Contractor shall purchase from and maintain in a company or companies DOCUMENT D401. lawfully authorized to do business in the jurisdiction in which the Project is located such This document has been approved and insurance as will protect the Contractor from claims set forth below which may arise out of or endorsed by The Associated General result from the Contractor's operations under the Contract and for which the Contractor may Contractors of America. be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property,including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; and .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater.Coverages,whether written on an occurrence or claims-made basis,shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. "1 , 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance policies required by this Paragraph u.l shall contain a provision that coverages afforded under the policies will not be 01991 AIA® canceled or allowed to expire until at least 3o days' prior written notice has been given to the AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911-,—l-915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mein pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 37 Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available,an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate,or both,shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE 11.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owners, Contractor's and Architect's vicarious liability for construction THIS DOCUMENT HAS IMPORTANT LEGAL operations under the Contract. Unless otherwise required by the Contract Documents, the CONSEQUENCES.CONSULTATION WITH AN Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of ATTORNEY IS ENCOURAGED WITH purchasing and maintaining such optional insurance coverage, and the Contractor shall not be RESPECT TO ITS COMPLETION OR responsible for purchasing any other liability insurance on behalf of the Owner.The minimum MODIFICATION.AUTHENTICATION OF THIS limits of liability purchased with such coverage shall be equal to the aggregate of the limits ELECTRONICALLY DRAFTED AIA required for Contractors Liability Insurance under Clauses 11.1.1.2 through 11.1.1.5• DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 11.3.2 To the extent damages are covered by Project Management Protective Liability insurance,the Owner,Contractor and Architect waive all rights against each other for damages, This document has been approved and except such rights as they may have to the proceeds of such insurance.The policy shall provide endorsed by The Associated General for such waivers of subrogation by endorsement or otherwise. Contractors of America. 11.3.3 The Owner shall not require the Contractor to include the Owner,Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Paragraph u.1. 11.4 PROPERTY INSURANCE 11.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk"all-risk"or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others,comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project. Insert L: Parties initiating claims against the Owner-provided insurance shall be financially responsible for the deductible portion of the adjustment 11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including,without duplication of coverage,theft,vandalism,malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary min buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and 01997 AIA® Contractors services and expenses required as a result of such insured loss. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 38 11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing,then the Owner shall bear all reasonable costs properly attributable thereto. 11.4.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. 11.4.1.4 This property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. 11.4.1.5 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. U N WITHAN until the insurance company or companies providing property insurance have consented to ATTORNEY IS ENCOUR AGED WITH such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor RESPECT TO ITS COMPLETION OR shall take reasonable steps to obtain consent of the insurance company or companies and shall, MODIFICATION.AUTHENTICATION OF THIS without mutual written consent, take no action with respect to partial occupancy or use that ELECTRONICALLY DRAFTED AIA would cause cancellation,lapse or reduction of insurance. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall This document has been approved and specifically cover such insured objects during installation and until final acceptance by the endorsed by The Associated General Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Contractors of America. Sub-subcontractors in the Work,and the Owner and Contractor shall be named insureds. 11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused.The Owne Nvaives all-riglAs of ae ien-against the Gentr-aeter-for-lass of use e4he Owner-'s 1, 1 1 or- other-1, ,1 11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy,the Owner shall,if possible,include such insurance,and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project,or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.4.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.4.6 Before an exposure to loss may occur,the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.4. Each policy * , $ii shall contain all generally applicable conditions, definitions, exclusions and endorsements .,;. . - .11 related to this Project.Each policy shall contain a provision that the policy will not be canceled �nr or allowed to expire, and that its limits will not be reduced, until at least 3o days' prior written notice has been given to the Contractor. 01997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 39 E 11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (>.) each other and any of their subcontractors,sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6,if any,and any of their subcontractors,sub-subcontractors,agents and employees,for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Paragraph 11.4 or other property insurance 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. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as ATTORNEY 15 ENCOURAGED WITH fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may RESPECT TO ITS COMPLETION OR appear,subject to requirements of any applicable mortgagee clause and of Subparagraph 11.4.10. MODIFICATION.AUTHENTICATION OF THIS The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the ELECTRONICALLY DRAFTED AIA Contractor, and by appropriate agreements, written where legally required for validity, shall DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D40I. require Subcontractors to make payments to their Sub-subcontractors in similar manner. This document has been approved and 11.4.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon endorsed by The Associated General occurrence of an insured loss, give bond for proper performance of the Owner's duties. The Contractors of America. cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.6. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. 11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved as provided in Paragraphs 4.5 and 4.6. The Owner as fiduciary shall, in the case of arbitration, make settlement with insurers in accordance with directions of the arbitrators.If distribution of insurance proceeds by arbitration is required,the arbitrators will direct such distribution. 11.5 PERFORMANCE BOND AND PAYMENT BOND 11.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. Insert M: Performance Bond and Labor and Materials Payment Bond - The Contractor agrees to comply with all requirements of Chapter 39.08 RCW The Contractor shall secure and pay for a Performance Bond and a Labor and Materials ti Payment Bond issued by a bonding company licensed to transact business in the 11*2 P_ locality of the Droiect, on the City Bond Form "Bond to the City of Renton," attache(i =; and executed in pursuance to Chapter 39.08 Revised Code of Washington and any amendments thereto. The Bond Form must comply with all requirements of the City 01997 AIA® Attorney. AIA DOCUMENT A201- 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987—C) 1997 by e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--111812002.AIA License Number 1008538,which expires on 9/3/2003. 40 Insert N: The surety bond shall be in the following penal sums Insert O: Performance Bond: 100% of agreement sum plus Washington State Sales Tax Insert P: Labor and Material Payment: 100% of agreement sum plus Washington State Sales Tax Insert Q: The Contractor guarantees the excellence of both quality of work and materal. and the payment of all obligations incurred until the provisions of the Contract Document are fulfilled. 11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. THI5 DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITHAN ARTICLE 12 UNCOVERING AND CORRECTION OF WORK ATTORNEY IS ENCOURAGED WITH 12.1 UNCOVERING OF WORK RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF TH15 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to ELECTRONICALLY DRAFTED AIA requirements specifically expressed in the Contract Documents, it must, if required in writing DOCUMENT MAY BE MADE BY USING AIA by the Architect, be uncovered for the Architect's examination and be replaced at the DOCUMENT D401. Contractor's expense without change in the Contract Time. This document has been approved and 12.1.2 If a portion of the Work has been covered which the Architect has not specifically endorsed by The Associated General requested to examine prior to its being covered, the Architect may request to see such Work Contractors of America. and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall,by appropriate Change Order,be at the Owner's expense. If such Work is not in accordance with the Contract Documents,correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligations under Paragraph 3.5, if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after 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 01997 AIA® the Owner or Architect,the Owner may correct it in accordance with Paragraph 2.4. AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ,Copyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 41 E 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. Insert R Where items on the Architect's"Punch List" have not been corrected prior to expiration of the guarantee period it shall nevertheless be the responsibility of the Contractor to permanently correct items and the Contract shall not be fully performed until such permanent corrections are made All corrective work performed by the Contractor in remedying defective work shall be subject to the same guarantee requirements of the original work for a period of one year from the date of completion of the corrective work. Insert S• As directed by Architect replace entirely, at no additional cost to Owner_ any work requiring repeated service other than normal maintenance during guarantee THIS DOCUMENT eeriod. CONSEQUENCES.CONSULTATION WITH AN 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR Work performed by the Contractor pursuant to this Paragraph 12.2. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 12.2.3 The Contractor shall remove from the site portions of the Work which are not in DOCUMENT MAY BE MADE AI BY USING AIA accordance with the requirements of the Contract Documents and are neither corrected by the DOCUMENT D401. Contractor nor accepted by the Owner. This document has been approved and 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, endorsed by The Associated General whether completed or partially completed, of the Owner or separate contractors caused by the Contractors of America. Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents.Establishment of the one-year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable.Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. --- 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, $. ..x assigns and legal representatives to the other party hereto and to partners, successors, assigns .r- and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Subparagraph 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of 01997 AIA®AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION »Copyng t 1911, 1915, 1918, 1925, 1937, 951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, ® 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 42 the other.If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing construction financing for the Project. In such event,the lender shall assume the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address 1 known to the party giving notice. 13.4 RIGHTS AND REMEDIES THIS DOCUMENT HAS IMPORTANT LEGAL 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies CONSEQUENCES.CONSULTATION WITH AN available thereunder shall be in addition to and not a limitation of duties, obligations, rights ATTORNEY IS ENCOURAGED WITH and remedies otherwise imposed or available by law. RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS L 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a ELECTRONICALLY DRAFTED AIA waiver of a right or duty afforded them under the Contract, nor shall such action or failure to DOCUMENT MAY BE MADE BY USING AIA act constitute approval of or acquiescence in a breach thereunder,except as may be specifically DOCUMENT D401. agreed in writing. This document has been approved and 13.5 TESTS AND INSPECTIONS endorsed by The Associated General 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Contractors of America. Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests,inspections and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority,and shall bear all related costs of tests,inspections and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1,the Architect will,upon written authorization from the Owner,instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs,except as provided in Subparagraph 13.5.3,shall be at the Owner's expense. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing,inspection or approval shall,unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. ®1997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 43 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior THIS DOCUMENT HAS IMPORTANT LEGAL to the relevant date of Substantial Completion, any applicable statute of CONSEQUENCES.CONSULTATION WITH AN limitations shall commence to run and any alleged cause of action shall be ATTORNEY IS ENCOURAGED WITH deemed to have accrued in any and all events not later than such date of RESPECT TO ITS COMPLETION OR Substantial Completion; MODIFICATION.AUTHENTICATION OF TH15 .2 Between Substantial Completion and Final Certificate for Payment. As ELECTRONICALLY DRAFTED AIA to acts or failures to act occurring subsequent to the relevant date of Substantial DOCUMENT MAY BE MADE BY USING AIA Completion and prior to issuance of the final Certificate for Payment, any DOCUMENT D401. applicable statute of limitations shall commence to run and any alleged cause of This document has been approved and action shall be deemed to have accrued in any and all events not later than the endorsed by The Associated General date of issuance of the final Certificate for Payment;and Contractors of America. .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Paragraph 3.5,the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner,whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub- subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: 1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government,such as a declaration of national emergency which requires all Work to be stopped; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1,or because the Owner has not made payment on a Certificate , for Payment within the time stated in the Contract Documents;or f• ; f .4 the Owner has failed to furnish to the Contractor promptly, upon the >•■i■� Contractor's request,reasonable evidence as required by Subparagraph 2.2.1. 01997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 44 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the ! Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph 14.3 constitute in the aggregate more than loo percent of the total number of days scheduled for completion,or 12o days in any 365-day period,whichever is less. 14.1.3 If one of the reasons described in Subparagraph 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days'written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials,equipment,tools,and construction equipment and machinery,including reasonable overhead,profit and damages. 14.1.4 If the Work is stopped for a period of 6o consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN failed to fulfill the Owner's obligations under the Contract Documents with respect to matters ATTORNEY IS ENCOURAGED WITH important to the progress of the Work, the Contractor may, upon seven additional days' RESPECT TO ITS COMPLETION written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.3. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 14.2 TERMINATION BY THE OWNER FOR CAUSE DOCUMENT D401. 14.2.1 The Owner may terminate the Contract if the Contractor: 1 persistently or repeatedly refuses or fails to supply enough properly skilled This document has been approved and workers or proper materials; endorsed by The Associated General .2 fails to make payment to Subcontractors for materials or labor in accordance with Contractors of America. the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances,or rules,regulations or orders of a public authority having jurisdiction;or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. ! 14.2.2 When any of the above reasons exist,the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: 1 take possession of the site and of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4;and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the !�_ Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the �■r�■� 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 01997 AIA® be, shall be certified by the Architect, upon application, and this obligation for payment shall AIA DOCUMENT A201-1997 survive termination of the Contract. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION »Copyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue,N.W. States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 45 Insert T: 14.2.5. In the event of termination of the Contract because of Contractor's failure to carry out the work. the Contractor shall have no claim against the Owner for profits or damages. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: 1 that performance is,was or would have been so suspended,delayed or interrupted by another cause for which the Contractor is responsible;or THIS DOCUMENT HAS IMPORTANT LEGAL .2 that an equitable adjustment is made or denied under another provision of the CONSEQUENCES.CONSULTATION WITHAN Contract. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE MODIFICATION.AUTHENTICATION OF THIS 14.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY U51NG AIA without cause. DOCUMENT D401. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's This document has been approved and convenience,the Contractor shall: endorsed by The Associated General .1 cease operations as directed by the Owner in the notice; Contractors of America. .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work;and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice,terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. Insert U: .4 The "proven loss" shall be limited to the time period up to the notification of contract termination. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. 1 J 1 9W, 01997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington,D.C.20006-5292 copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-282aa veterans mem pk.aia--11/8/2002.AIA License Number 1008538,which expires on 9/3/2003. 46 VETERANS MEMORIAL PARK DEVELOPMENT 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 A. ARTICLE 11 - INSURANCE AND BONDS 1. Refer to Conditions in Section 00920 and modify where necessary to include these insurance requirements. END OF SECTION 2002-282aa 00810 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT SPECIAL CONDITIONS SECTION 00900 11 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.gov/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 Schedule of Prevailing Wage Rates determined by the Industrial Statistician of the Department of Labor and Industries, are available on the website listed above or may be obtained from Washington State Department of Labor and Industries. C. In case any wage dispute arises as to what are the prevailing rates of wages for work of a similar nature, and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for dispute resolution to the Department of Labor and Industries. The findings shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended. Current prevailing wage data will be furnished by the Industrial Statistician upon request. Requests shall be made to the State of Washington Department of Labor and Industries. The Contractor is responsible for paving the appropriate wage rates. D. The Contractor, and all Subcontractors, on or before the date of commencement of work, shall file a statement under oath with the Owner and with the Director of Labor and Industries certifying the rate of hourly wages paid to each classification of laborers, workers, or mechanics employed to perform work under this Contract shall not be less than the prevailing rate of wages determined by the Washington State Labor and Industries. Such statement and any supplemental statements which may be necessary shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries. E. Prior to commencing work, the Contractor and each and every Subcontractor hall file a sworn statement of"Intent to Pay the Prevailing Wages," including fringe benefits for each job classification to be utilized. Sample copy enclosed herein. 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. 2002-282aa 00900 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT SPECIAL CONDITIONS SECTION 00900 Copies of the Affidavits shall be provided to the City prior to Final Completion and Final Payment. Each affidavit of wages paid must be certified by the Industrial Statistician of the Department of Labor and Industries before it is submitted. H. All costs and fees for and associated with the "Intent to Pay Prevailing Wages" and "Affidavits of Wages Paid" are to be paid by the Contractor. 2. STATE LICENSING LAW The Contractor agrees to comply with all requirements of Chapter 18.27 RCW. The Contractor agrees and covenants to furnish unto the Owner proper evidence that the Contractor has fully complied with the State Licensing Law of the State of Washington, Chapter 18.27 RCW, and a Contractor's Certificate of Registration shall be in full force and effect throughout the work project herein above enumerated, prior to starting work. 3. NON-DISCRIMINATION A. It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, age, or disability, when the City of Renton can reasonably accommodate the disability of employees and applicants for employment and fair, non- discriminatory treatment to all citizens. B. EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities including recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job- related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. C. COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. D. AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate 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. 2002-282aa 00900 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT SPECIAL CONDITIONS SECTION 00900 E. CONTRACTORS OBLIGATIONS - Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. 4. ENVIRONMENTAL LEGISLATION A. The following list represents those federal, state, and local statutes, ordinances, regulations and orders dealing with preservation of public natural resources and prevention of environmental pollution currently know to the Owner and that may effect or are effected by the proposed work. Bidders shall review such materials 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 II - Puget Sound Clean Air Agency. 4. Local: Applicable city ordinance and regulations. B. The successful Bidder shall comply with applicable portions of the listed statutes, ordinances, regulations, conditions, and such other regulatory measures dealing with the prevention of environmental pollution and the preservation of public natural resources. 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 2002-282aa 00900 PAGE 3 VETERANS MEMORIAL PARK DEVELOPMENT BOND TO THE CITY OF RENTON FORM SECTION 00910 KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned ® as principal, and corporation organized and existing under the laws of ■ the State of as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum$ for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or person representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinance of the City of Renton. Dated at ,Washington,this day of , 2002 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 Signature Signature Title Title END OF SECTION 2002-282aa 00910 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT 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 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 (3) Workers'Compensation • Statutory Benefits - Show Washington Labor& Industries Number (4) Umbrella Liability • Excess of Commercial General Liability and Automobile Liability. Coverage should be as broad as primary. PART 2. CONTRACTORS INSURANCE REQUIREMENTS The CONTRACTOR shall carry the following limits of liability as required below: ' 1. Commercial General Liability General Aggregate* $2,000,000 Products/Completed Operations Aggregate $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Stop Gap Liability $1,000,000 *General Aggregate to apply per project 2002-282aa 00920 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT INSURANCE & RELATED REQUIREMENTS SECTION 00920 2. Automobile Liability Bodily Injury/Property Damage $1,000,000 (Each Accident) 3. Workers' Compensation Statutory Benefits - Show Washington Labor & Industries Number 4. Umbrella Liability Each Occurrence Limit $1,000,000 General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 PART 3. ADDITIONAL REQUIREMENTS CONTRACTOR shall Name CITY OF RENTON, and its officers, officials, agents, employees and volunteers as Additional Insureds (ISO Form CG 2010 or equivalent). CONTRACTOR shall provide CITY OF RENTON Certificates of Insurance and copies of policies, if at our sole discretion it is deemed appropriate Further, all policies of insurance described above shall: 1. Be on a primary basis nor contributory with any other insurance coverage and/or self- insurance carried by CITY OF RENTON. 2. Include a Waiver of Subrogation Clause. 3. Severability of Interest Clause (Cross Liability) 4. Policy may not be non-renewed, canceled or materially changed or altered unless forty- five (45) days prior written notice is provided to CITY OF RENTON. Notification shall be provided to CITY OF RENTON by certified mail. An example of an,acceptable cancellation clause is as follows: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will—eRdeaveFte 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 such coverage is in force. 2002-282aa 00920 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT INSURANCE & RELATED REQUIREMENTS SECTION 00920 6. Required insurance coverage shall be maintained throughout the term of this contract, except Automobile Liability and Workers' Compensation, for a period of two (2) years after the date of substantial completion of the project. 7. On all Certificates of Insurance, the Certificate Holder shall be listed as "City of Renton, Washington, Attention: Bill Rasmussen, Project Manager" END OF SECTION 2002-282aa 00920 PAGE 3 r 5. e x s.a' �'. a'%-f� 3"".",rv, e ✓,G'�- , ns,.z � ,arz � wry u�,�, �, '� �_� � ,�sc. ,��a✓'F�,y * j:,"# '�'"s»f"*� ,*�. >s � � o- > �'g ;��,i�`�r ��a fir` '',� k �. '�a r. 1 <F O s,;�,,X i .� .wwCk r' p. �2✓ait� #✓x ry„�=4�a " � .- � � . p.+.��t in ' d .�,r{��� w' '�.w"a,S• n,, t s:r �� � a � � a 3:�✓ �� .X �. " "� �� '``� w �t . ;'� $�� Y�'r'sfiq�. '�'b�i, x'Y' ". y ...s�, `� { �, t..a,,��f -t �'✓ f�a F`�.s �' a -_�„ �. v w }� % k F 3 VVCO v PIN- i h + "QR it f ue r .p .r xa# .H, `` NN n F #n x" �, ,.�: �v � �.. � �y'. c'7�';?•�.r�ps 3.'3a`�';�, a„' e .rZ<A r `.- a:� q , rVETERANS MEMORIAL PARK DEVELOPMENT SUMMARY OF WORK AND SEQUENCE SECTION 01010 PART 1 - GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. General Description of the Work: This project includes site demolition, earthwork, grading, drainage installation, electrical, irrigation modifications and installation, concrete, landscaping, coordination of sculpture installation, and installation of site furnishings, uplighting and tiles. B. Unless otherwise indicated, the work includes, but is not limited to the following: 1. Providing and payment for labor, materials, equipment, tools, machines, facilities, and services necessary for proper execution and completion of work. 2. Paying required taxes. 3. Maintaining required egress in accordance with governing Codes and Ordinances throughout the work. C. Do not employ on work: 1. Unfit persons or persons not skilled in assigned tasks. 1.02 CONTRACT A. Construct work under a single fixed-price Contract. See Bid Form. 1.03 WORK SEQUENCE and SHARED AREAS A. All efforts shall be made to perform all work without abnormally disturbing, inconveniencing, or interrupting the usage of adjacent facilities, pedestrians, and vehicular traffic. B. All necessary measures to ensure public safety must be taken. 1.04 OBJECTIONS TO APPLICATION OF PRODUCTS A. Contractor and subcontractors submitting bids for this Project are required to thoroughly familiarize themselves with specified products and installation procedures and submit to Owner any objection in writing no later than seven (7) days prior to Bid Date. Submittal of Bid constitutes acceptance of products and procedures specified. rEND OF SECTION 2002-282aa 01010 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT SPECIAL PROVISIONS ISECTION 01015 PART 1 GENERAL 1.01 SPECIAL PROVISIONS A. The following items, as Special Provisions of the Owner, are hereby made a part of this Contract Document in addition to the Conditions and Supplementary Conditions. B. Should conflicts occur between these Provisions and the Conditions and Supplementary Conditions, the Special Provisions govern. 1.02 ORGANIZATION & FORMAT OF SPECIFICATIONS A. Organization: Division and paragraph numbers, as listed in the "Table of Contents" of the Project Manual and the items of work included under the headings generally conform with the "Master Format" of the Construction Specification Institute. Numbering of paragraphs and divisions is merely for convenience and identification and may not be consecutive; the Contractor shall check his copies of the Contract Documents with the specification index and drawing index to be sure that they are complete. Trade headings are used in the specifications for convenience only. The Owner is not bound to define the limits of any subcontractors. B. Format: These specifications are of the abbreviated or "streamlined" type, and frequently include incomplete sentence. Words such as "shall," "shall be," "the Contractor shall" and similar mandatory phrases are noted on the drawings. Phrases following a heading for material or item of equipment and listing required features or characteristics of the item shall be construed as meaning, "The item shall be...." or "The item shall include...," and the Contractor shall provide all items, articles, materials, and operations listed; including all labor, material, equipment and incidentals required for satisfactory installation and 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. The respective manufacturer's or manufacturers' standard specification for 2002-282aa 01015 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT SPECIAL PROVISIONS SECTION 01015 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 York, N.Y. 10018 APWA: American Public Works Association, Washington State Chapter, Olympia, Wa. 98504 ASTM: American Society for Testing & Materials, 1916 Race St., Philadelphia, Pa. AWI: Architectural Woodwork Institute, 13924 Braddock Road, Centreville, Va. 22020 AWS: American Welding Society, 33 West 39th Street, New York, N.Y. 100d18 AWWA: American Water Works Association, 2 Park Avenue, New York, N.Y. 10000 CRSI: Concrete Reinforcing Steel Institute, 38 South Dearborn St., Chicago, III. CS: Commercial Standard of the U.S. Department of Commerce, Washington, D.C. 20025 CSI: Construction Specifications Institute, 1717 Massachusetts Ave. N.W., Washington, D.C. 20036 DPFA: Douglas Fir Plywood Association, now known as American Plywood Association, P.O. Box 1337, Tacoma, Wash. 98401. 2002-282aa 01015 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT SPECIAL PROVISIONS SECTION 01015 IEEE: Institute of Electrical & Electronic Engineers, 33 West 39th St., New York, N.Y. 10018 IPCEA: Insulated Power Cable Engineers Association, 283 Valley Road, Montclair, New Jersey 07042 NEMA: National Electrical Manufacturer's Association, 155 East 44th At., New York, N.Y. 10017 NFPA: National Fire Protection Association, 60 Betterymarch St., Boston, Mass. 02110 NWMA: National Woodwork Manufacturers Association, 400 West Madison Wn., Chicago, III. 60600 PS: Product Standard of U.S. Dept. of Commerce, Washington, D.C. 20025 SSPC: Steel Structures Painting Council, 4400 Fifth Ave., Pittsburgh, Pa. 15213 UBC: Uniform Building Code of International Conference of Building Officials, 530 South Workman Hill Road, Whittier, California 90601 UL: Underwriter's Laboratories, 333 Pfinsten Road, Northbrook, III. 60062 WPWA: Washington Public Works Association WWPA: Western Wood Products Association, Yeon Building, Portland, Oregon 97204 WSDOT: Washington State Department of Transportation 1.04 PROTECTION A. Protection of Employees: in order to protect the lives and health of its employees under the Contract, the Contractor shall comply with all pertinent provisions of the Occupational Safety and Health Administration including the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act, as pertains to health and safety standards; the Washington Industrial Safety and Health Act; and shall maintain 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 breaking of water mains or service pipes and shall be responsible for determining actual locations of public and private utilities in the field and 2002-282aa 01015 PAGE 3 VETERANS MEMORIAL PARK DEVELOPMENT SPECIAL PROVISIONS SECTION 01015 checking with the appropriate agencies involved. The Contractor shall be solely responsible for any damage resulting from his operations. C. Payment by the Owner for materials or equipment stored on site or off site, or for work, does not relieve the Contractor of his responsibility to incorporate said materials and equipment into the work, and for protecting these materials, equipment and work from damage, theft, or destruction. 1.05 NUMBER OF SPECIFIED ITEMS REQUIRED Wherever in these specifications, an article, device or piece of equipment is referred to in the singular number, such reference applies to all and as many such articles as are shown on the drawings or required to complete the installation. 1.06 CONTRACT RESTRICTION A. Time of Completion: The work of this Contract shall commence immediately after the effective date of the Notice to Proceed and shall be fully completed within the specified number of calendar days. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the Contract of Work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the Work embraced in this Contract shall be commenced on a date to be specified in the Notice to Proceed. The Contractor agrees that said Work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the Work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. B. Liquidated Damages: If the said Contractor shall neglect, fail or refuse to complete the Work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay to the Owner an amount of money for each calendar day of delay after the time set, not as a penalty but as liquidated damages for loss of use of the facility. The amount of money shall be as described in Instructions to the Bidders. Said amount shall be retained from time to time by the Owner from current periodic estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specification wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner: Provided further, that the Contractor shall not be charged with 2002-282aa 01015 PAGE 4 VETERANS MEMORIAL PARK DEVELOPMENT SPECIAL PROVISIONS SECTION 01015 liquidated damages or any excess cost when the delay in completion of the work is due: 1. To any preference, priority or allocation order duly issued by the Government, and 2. To unforseeable cause beyond the control and without the fault or negligence of the Contractor, including but not limited to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, r quarantine restrictions, strikes, freight embargoes, and severe weather, ■ and 3. To any delays of subcontractors or suppliers occasioned by any of the causes specified in subsections 1 and 2 of this paragraph; Provided further, that the Contractor shall within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner, in writing, of the cause of delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. C. The foregoing provision for liquidated damages is in addition to and not in limitation of any other rights or remedies available to the Owner. 1.07 PRE-CONTRACT CONFERENCE After opening of Bids and before the signing of the Contract, the successful Bidder shall meet with the Owner within 10 days of bid opening to coordinate the Progress Schedule and to discuss other requirements that may be of concern to any of the parties involved; conditions mutually agreed upon at this conference may be incorporated into the Contract. 1.08 PAYMENTS A. Progress Payments: Progress payments will be made based upon the value of the work performed and of the materials suitably stored at the siteas determined by the Owner less the aggregate of any previous payments and retainage. Refer to Section 01027 for Application for Payment. B. Retainage will be held back at 5% of each pay request. Retainage will be held in an account at the direction of the Contractor, per the forms included in these documents. Any costs associated with holding these funds in any account shall be borne by the Contractor. Retainage shall be available to the Owner to meet obligations which the Contractor incurs but does not meet, or to meet obligations to the Owner incurred through conditions of the contract. Retainage does not relieve the Contractor of any obligations of the contract, nor of any financial obligation which retainage is not sufficient to meet. Retainage or use of retainage shall not reduce the Contractors requirements under the contract. 2002-282aa 01015 PAGE 5 VETERANS MEMORIAL PARK DEVELOPMENT SPECIAL PROVISIONS SECTION 01015 1.09 INSTRUCTIONS All instructions will be given to the Contractor, or to his authorized agent, by the Architect for distribution to subcontractors or tradesmen on the Work; in like manner all communication from subcontractors and tradesmen on the Work to the Owner or Architect will be given through the Contractor; no subcontractors or tradesmen shall contact the Owner or Architect to discuss the Work, except as the Contractor may arrange. 1.10 HAZARDOUS AND TOXIC SUBSTANCES A. Raw Sewage Liquids: Raw sewage liquids, without solids, removed from a manhole or sewer main may be disposed of in a City owned sewer manhole with the approval by the Owner's field representative for each manhole location. B. The following toxic substances may not be disposed into the City's sewage system and must be disposed off site per all applicable laws and regulations at the expense of the Contractor: 1. Solids: Any solids removed from the manhole being serviced, including, but not limited to, rocks, concrete, vegetation, wood products and by- products. 2. Flammable or Explosive Material: Flammable liquids, solids, or gases capable of causing or contributing to explosion or supporting combustion in any sewerage facilities including, but not limited to, the following: fuel oil, waste crankcase oil, and acetylene generation sludge. 3. Odorous Substances: Any noxious or malodorous gas or substance which either by itself or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry by authorized personnel to pump stations and other sewerage facilities. 4. Toxic Vapor: Any gas or substance which either by itself or by interaction with other wastes can produce a toxic vapor. These substances include, but are not limited to, chlorinated hydrocarbons, hydrogen sulfide, sulfur dioxide, and cyanide compounds. 5. Corrosive Substances: Any gas or substance which either by itself or by interaction with other waste may cause corrosive structural damage to sewer works or treatment facilities, but in no case wastes with a PH lower than 5.5. 6. Excessive Waste: Wastes at a flow rate and/or pollutant discharge rate which are excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency. 7. Slurry Type Materials: Materials such as concrete slurry or liquid epoxy mix or other substance that may harden in the sewer system. 2002-282aa 01015 PAGE 6 VETERANS MEMORIAL PARK DEVELOPMENT SPECIAL PROVISIONS SECTION 01015 C. Toxic Waste Materials: Material removed from any sewage utility which has contact with the raw sewage or vapors is considered toxic waste material and must be disposed of in a proper manner as outlined by the State. This material shall not be disposed of in the City. D. The City does not provide a waste site for this project. The Contractor is responsible for legal disposal of all waste materials. 1.11 CONDITION OF WORKSITE The Contractor shall examine the premises and conditions of the site affecting the Work and shall compare them to conditions as represented in the Contract Documents. Should conflicts or inconsistencies between the actual conditions and the Contract Documents be noted, the Contractor shall notify the Owner and await his directions. 1.12 APPARENT CONTRADICTIONS It is mutually agreed and understood between the Owner and the Contractor that if any instance of contradiction between drawings of different scale, or between drawings and specifications, or between sections of the specifications, the more stringent requirements shall be interpreted as being in the Contract Sum. 1.13 OWNER OCCUPANCY The Owner reserves the right to use or to occupy the Project or any part thereof or to use the equipment installed under the Contract, prior to final payment and acceptance of the Work or any part thereof. Such use shall not negate or change the responsibility of the Contractor to the Owner for satisfactory completion of the Work, nor shall it negate any insurance provisions specified to be carried in full force until the time of acceptance. END OF SECTION 2002-282aa 01015 PAGE 7 VETERANS MEMORIAL PARK DEVELOPMENT 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. 1.02 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: AIA Doc G702 1. Fill in required information. a. Include Change Orders approved prior to Application submittal date. b. Fill in summary of dollar values to agree with respective total indicated on any continuation sheets. C. Original signatures on all copies by responsible officer of Contract firm; notarized. B. Continuation Sheets: AIA Doc G703 1. Totally fill in all schedule component work items. Show item number/scheduled dollar value/item Schedule of Values/01370. 2. Fill in dollar value in each column for each scheduled line item. a. Round off values to nearest dollar/Tally Sheet. b. If no work has been performed, show"0." 3. At end of continuation sheets, list each Change Order approved prior to submission date. a. List by Change Order Number, and description, as for an original component item of work. b. Show WSST as a separate item and including a separate item for each change order. 1.03 SUBMITTAL PROCEDURE A. Submit four copies of Application for Payment at times stipulated in Agreement between Owner and Contractor. Allow stipulated time for processing. B. When Owner's Representative finds Application properly completed and correct, he transmits Payment Certificate to applicable department for payment. END OF SECTION 2002-282aa 01027 PAGE 1 tVETERANS MEMORIAL PARK DEVELOPMENT CHANGE ORDERS SECTION 01028 PART GENERAL 1.01 SECTION INCLUDES Promptly implement change order procedures including: 1. Submittals 2. Documentation of change in Contract Sum/Price and Contract Time 3. Change procedures 4. Construction change directives 5. Unit price change orders 6. Execution of change orders 7. Correlation of contractor submittals 1.02 SUBMITTALS A. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or subcontractors of changes to the Work. B. Change Order Forms: AIA G701. 1.03 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME A. Submit detailed records of work to be done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. C. On request, provide additional data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 2002-282aa 01028 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT CHANGE ORDERS SECTION 01028 1.04 CHANGE PROCEDURES A. Owner will advise of minor changes in the Work not involving an adjustment to Contract sum or Contract Time as authorized by The General Conditions to the Contract, Paragraph 7.4. B. The Owner's Representative may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change and the period of time during which the requested price will be considered valid. Contractor will prepare and submit an estimate within 5 days. C. The Contractor may propose a change by submitting a request for change to the Owner, describing the proposed change and its full effect of the Work, with a statement describing the reason for the change, and the effect of the Contract/Sum Price and contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. 1.05 CONSTRUCTION CHANGE DIRECTIVE - EMERGENCY CONDITIONS A. Owner may issue a document, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order only under emergency conditions or as authorized by the Owner. B. The document will describe changes in the Work, and will designate method of determining any change in Contract Sum or Contract Time. C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. E. Promptly execute the change in Work. 1.06 UNIT PRICE CHANGE ORDER For pre-determined unit prices and quantities, the Change Order will be executed on a fixed unit price basis. 1.07 EXECUTION OF CHANGE ORDERS Execution of Change Orders: Owner will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. 1.08 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum. 2002-282aa 01028 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT CHANGE ORDERS SECTION 01028 B. Promptly revise construction schedules to reflect any change in Contract Time, revise sub-schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. END OF SECTION 2002-282aa 01028 PAGE 3 VETERANS MEMORIAL PARK DEVELOPMENT 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: 1. Uniform Building Code and City of Renton amendments to Code and Related Standards, 1994 Edition, published by the International Conference of Building Officials. 2. WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2000 Edition. 3. Rules and Regulations for the State/City/County Board of Health, as applicable. 4. Department of Labor and Industries Regulations. 5. Environmental Requirements: All work to be performed in compliance with relevant statutes and regulations dealing with prevention of environmental pollution and preservation of public natural resources. 6. Energy Requirements: Comply with insulation and energy conservation requirements of State of Washington, WAC 51.11. D. Specification of Higher Standards: Drawings and Specifications govern whenever Drawings and Specifications require higher standards than are required by governing codes, regulations, and the like. E. Jurisdiction Inspection Reports: Contractor shall immediately submit a copy to the architect and owner upon receipt of all on-going inspection reports made by the city, county, or state regulatory agencies pertaining to the construction and construction procedures. Contractor shall request from inspection agency that all inspection comments be made in writing and cite specific sections of code, rules or regulations being referenced. END OF SECTION 2002-282aa 01060 Ak PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT SHOP DRAWINGS, PRODUCT DATA, &SAMPLES R 1 EN L SECTION 01340 PAT G ERA 1.01 SECTION INCLUDES Submit Shop Drawings, Product Data and Samples required by the Contract Documents. PART 2 PRODUCTS 2.01 PRODUCT DATA Clearly identify on each copy, as applicable: • Pertinent products or models; performance characteristics 2.02 SAMPLES Office samples shall be of sufficient size and quantity to clearly illustrate: • Products' functional characteristics with integrally related parts and attachment devices; and full range of color and texture. 2.03 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in the submittals required by the Architect and resubmit until approved. B. Shop Drawings and Product Data: Revise initial drawings or data, and resubmit as specified for the initial submittal. 2.04 ARCHITECT'S REVIEW RESPONSIBILITIES Reviewing is only for general conformance and compliance with Project Design concept and Contract Documents. Any action shown is subject to Contract Documents' requirements. Contractor is responsible for: 1. Dimensions (confirm and correlate at job site). 2. Fabrication processes; construction techniques. 3. Quantities, space requirements, coordination of work with that of other trades. 4. Union jurisdiction, infringements of patent rights. 5. Possible cause of injury to persons or property. 6. Satisfactory performance of your work, and the like. END OF SECTION 2002-282aa 01340 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT QUALITY CONTROL SECTION 01400 PART1 GENERAL 1.01 REQUIREMENTS INCLUDE A. General Quality Control B. Workmanship C. Manufacturer's Instructions D. Testing Laboratory Services 1.02 QUALITY CONTROL, GENERAL Maintain quality control over subcontractors and suppliers, manufacturers, products, services, site conditions, delivery schedules, and workmanship, to produce work of specified quality. 1.03 WORKMANSHIP A. Comply with industry standards B. Perform work by persons qualified to produce workmanship of specified quality. C. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking. 1.04 MANUFACTURERS' INSTRUCTIONS Comply with instructions in full detail, including each step in sequence. Should instructions conflict with Contract Documents, request clarification from Owner before proceeding. 1.05 TESTING LABORATORY SERVICES A. Owner will employ and pay for services of an Independent Testing Laboratory to perform inspections, tests, and other services required by individual Specification Sections and by governing authorities. B. Services will be performed in accordance with requirements of governing authorities and with specified standards. C. Reports will be submitted to Architect/Engineer/Owner in triplicate giving observations and results of tests, indicating compliance or non-compliance with specified acceptable standards and with Contract Documents. END OF SECTION 2002-282aa 01400 PAGE 1 tVETERANS MEMORIAL PARK DEVELOPMENT INSPECTIONS &TESTS SECTION 01430 PART 1 GENERAL 1.01 SCOPE When testing is required, special inspection and laboratory services obtained by the Owner are solely an assurance that Contract Document provisions are met. Results of Owner-procured tests and inspections may be made available to the Contractor as a convenience only. In no way is this to be construed as relieving the Contractor of his obligations to provide materials and workmanship in accordance with the specifications. 1.02 COSTS Except as specified elsewhere, the Owner will select and pay for all initial services of the testing laboratory for tests not required by public regulatory authorities. When initial tests indicate non-compliance with the Contract Documents, the costs of initial tests associated with that non-compliance will be deducted by the Owner from the Contract Sum. All subsequent re-testing will be performed by the same testing laboratory and the costs of any test not in compliance will be deducted from the Contract Sum. 1.03 CODE COMPLIANCE TESTING Inspections and tests required by codes, ordinances or by a plan approval authority, and made by a legally constituted authority, shall be the responsibility of and shall be paid for by the Contractor, unless otherwise provided in the Contract Documents. 1.04 SUBMITTALS Promptly process and distribute all required copies of test reports and related instructions. 1.05 DUTIES OF INSPECTORS AND TESTING SERVICES A. General: Inspection and testing services may be engaged by the Owner for the checking and testing of the following phases of the Work. B. Site work and Utilities: 1. Compaction of Fill: Test fill after compaction for required densities. 2. Earthwork: Inspect excavations for conformance with specifications. 3. Depth and Class of material: Test paving and surfacing for specified depth, class, and compaction. 4. Material make-up: Test for compliance with specifications. 1.06 CONTRACTOR'S RESPONSIBILITY A. Notification: 1. Notify Owner's Representative at least 48 hours before inspection will be required. 2. Notify testing laboratory sufficiently in advance of operations (not less than 48 hours) to allow for laboratory assignment of personnel and scheduling of tests. 2002-282aa 01430 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT 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 2002-282aa 01430 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS SECTION 01500 PART 1 GENERAL 1.01 REQUIREMENTS INCLUDE: A. Barriers B. Protection of Property C. Erosion and Sediment Control D. Cleaning During Demolition E. Noise Control F. Automobile Parking G. Pollution Control 1.02 PROTECTION OF UTILITIES & PROPERTY A. The Contractor is responsible for location and protection of all existing utilities. The Contractor shall at its own expense carefully protect from injury trees (other than those authorized for removal under clearing operations), building, telephone, telegraph or power and light poles, water lines, conduit, drains, culverts or any other structures and improvements at no cost to the Owner, leaving them in as good condition as they were prior to his interference, determined by the Architect; and the Contractor shall be liable for any damages or claims arising from these interferences with said structures. The Contractor shall make every effort to avoid damage to or breaking of water mains or service pipes and shall be responsible for determining actual locations of public and private utilities in the field and checking with the appropriate agencies involved. The Contractor shall be solely responsible for any damage resulting from his operations. B. The Contractor will make every effort to avoid disruptions and disturbances to public areas during construction. 1.03 BARRIERS A. Make provisions to prevent public entry to the site, and to protect existing sidewalks, plantings, and adjacent properties from damage by demolition operations. B. Provide temporary fencing and other installations as required to prevent public entry into the project area. The Contractor is responsible to protect the project area from unauthorized entry. 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. 2002-282aa 01500 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS SECTION 01500 1.04 PROTECTION OF ADJACENT PROPERTIES A. Provide temporary protection of existing improvements in public ROW areas beyond the property lines. Protect improvements from demolition traffic and movement of heavy objects. B. Protect during the entire project: 1. Adjacent structures, sidewalks, and alley 2. Utilities adjacent to the site. 3. Trees and shrubs, except those to be removed. C. Repair or replace any damaged items. 1.05 EROSION & SEDIMENT CONTROL A. Set up temporary erosion control facilities as needed and required to prevent sediments entering into the existing storm water system and lake. B. Separate sedimentation from water before discharging into storm system. 1.06 CLEANING DURING DEMOLITION A. Control accumulation of waste materials and rubbish dumping. Periodically dispose ose off- site in authorized dump sites. B. Clean adjacent public rights-of-way if necessary as a result of the contractors operations. 1.07 FIELD OFFICES AND SHEDS None required. 1.08 NOISE CONTROL A. Verify with City the allowable noise producing demolition work hours for each day of the week. Comply with local noise ordinances if more stringent than noted herein. B. In addition to the Noise Ordinance requirements, to reduce the noise impact of demolition on nearby properties, limit the hours of demolition to between 7:00 a.m. and 5:00 p.m. 1.09 AUTOMOBILE PARKING Workers' automobiles may be parked in the secured staging area in the parking lot adjacent to the site. 2002-282aa 01500 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS SECTION 01500 1.10 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by any construction operations. B. Excess dust created during demolition work shall be reduced to a minimum by spraying of water. END OF SECTION 2002-282aa 01500 PAGE 3 VETERANS MEMORIAL PARK DEVELOPMENT 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 PART2 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A. Traffic Cones and Drums, Flares, Lights and Traffic Control Barriers: As required by the City. B. Flagman Equipment: As required by the city. PART 3 EXECUTION 3.01 REFUSE CONTAINERS Locate refuse containers on-site, where possible, to prevent interference with public traffic and public parking. 3.02 FLAGMEN Provide trained and equipped flagmen to regulate traffic when construction operations or traffic encroach on public right of ways. 3.03 FLARES AND LIGHTS Use flares and lights during hours of low visibility to delineate traffic lanes and to guide vehicular and pedestrian traffic. 3.04 HAUL ROUTES Consult with city authorities, establish acceptable public thoroughfares to be used for haul routes and site access. 2002-282aa 01570 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT TRAFFIC REGULATION SECTION 01570 3.05 TRAFFIC SIGNS AND SIGNALS A. At approaches to site and on-site, install at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B. Relocate as Work progresses, to maintain effective traffic control measures. 3.06 REMOVAL Remove equipment and traffic control devices when no longer required. Repair damage caused by installation. 3.07 STREET USE PERMITS Obtain street use permits for the work, traffic revisions, and haul routes, as may be required. END OF SECTION 2002-282aa 01570 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT PRODUCT SUBSTITUTIONS SECTION 01630 PART1 GENERAL 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. B. Substitutions: Requests for changes in products, materials, equipment, and methods of construction required by Contract Documents proposed by the Contractor after award of the Contract are considered requests for "substitutions". The following are not considered substitutions: 1. Substitutions requested by Bidders during the bidding period, and accepted prior to award of Contract as directed by the Owner, are considered as included in the Contract documents and are not subject to requirements specified in this Section for substitutions. 2. Revisions to Contract Documents requested by the Owner or Owner's Representative. 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 15 days after Notice to Proceed has been issued. Requests received more than 15 days after commencement of the Work may be considered or rejected at the discretion of the Owner's Representative. 1. Submit 3 copies of each request for substitution for consideration. Submit requests on the Substitution Request Form included at the end of this Section. 2002-282aa 01630 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT PRODUCT SUBSTITUTIONS SECTION 01630 2. Identify the product, or the fabrication or installation method to be replaced in each request. Include related Specification Section and Drawing numbers. Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate: a. Product Data, including Drawings and descriptions of products, fabrication and installation procedures. b. Samples, where applicable or requested. C. A detailed comparison of significant qualities of the proposed substitution with those of the work specified. Significant qualities may include elements such as size, weight, durability, performance and visual effect. 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. Action of Owner's Representative: Within one week of receipt of the request for substitution, the Owner's Representative will request additional information or documentation necessary for evaluation of the request. Within 2 weeks of receipt of the request, or one week of receipt of the additional information or documentation, which ever is later, the Owner's Representative will notify the Contractor of acceptance or rejection of the proposed substitution. If a decision on use of a proposed substitute cannot be made or obtained within the time allocated, use the product specified by name. Acceptance will be in the form of a Change Order. 2002-282aa 01630 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT 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's Representative; otherwise requests will be returned without action except to record non-compliance with these requirements. 1. Extensive revisions to Contract Documents are not required. 2. Proposed changes are in keeping with the general intent of Contract documents. 3. The request is timely, fully documented and properly submitted. 4. The request is directly related to an "or equal" clause or similar language in the Contract Documents. 5. The specified product or method of construction cannot be provided within the Contract Time. The request will not be considered if the product or method cannot be provided as a result of failure to pursue the Work promptly or coordinate activities properly. 6. The specified product or method of construction cannot receive necessary approval by a governing authority, and the requested substitution can be approved. 7. A substantial advantage is offered the Owner, in terms of cost, time, energy conservation or other considerations of merit, after deducting offsetting responsibilities the owner may be required to bear. Additional responsibilities for the owner may include additional compensation to the Owner's Representative for redesign and evaluation services, increased cost of other construction by the Owner or separate Contractors, and similar considerations. 8. The specified product or method of construction cannot be provided in a manner that is compatible with other materials, and where the Contractor certifies that the substitution will overcome the incompatibility. 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. 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. 2002-282aa 01630 PAGE 3 VETERANS MEMORIAL PARK DEVELOPMENT PRODUCT SUBSTITUTIONS SECTION 01630 B. The Contractor's submittal and Owner's Representative acceptance of Shop Drawings, Product Data or Samples that relate to construction activities not complying with the Contract Documents does not constitute an acceptable or valid request for substitution, nor does it constitute approval. PART 3 EXECUTION NOT APPLICABLE END OF SECTION (AFTER FORM) 2002-282aa 01630 PAGE 4 VETERANS MEMORIAL PARK DEVELOPMENT PRODUCT SUBSTITUTIONS SECTION 01630 SUBSTITUTION REQUEST FORM Attention: Jon Jainga, Capital Project Coordinator Project: Veterans Memorial Park Development Contractor: Date: We hereby submit for consideration the following product/material instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete dimensional information and technical data, including laboratory tests, if applicable per section 01630, 1.04 Submittals. Include complete information on changes to Drawings and Specifications which proposed substitution will require for its proper installation. Submit with request all necessary samples and substantiating data to prove equal quality, performance, and appearance to that specified. Clearly mark Manufacturer's literature to indicate equality in performance. Indicate differences in quality of materials and construction. Fill in blanks below: Does the substitution affect dimensions shown on the Drawings? YES NO If YES, clearly indicate changes: Does the substitution alter the Contract Sum for the project? YES NO If YES, clearly indicate the dollar amount of change and whether substitution is an addition to or subtraction from the awarded Contract Price. 2002-282aa 01630 PAGE 5 tVETERANS MEMORIAL PARK DEVELOPMENT PROJECT CLOSE-OUT SECTION 01700 PART1 GENERAL 1.01 SCOPE At or near completion of construction of the project, certain items, or work and submittals as specified elsewhere, are required prior to the Owner's acceptance and final payment for the project which include, but are not limited to, the following; and as outlined in Paragraph 1.10 of this Section. 1.02 CLEAN UP Exterior Surfaces: Remove construction equipment and temporary facilities from premises; clean and disinfect areas occupied by sanitary conveniences; remove temporary connection to services and restore to "original" condition. Remove all construction debris and excess materials. Complete all final maintenance requirements and leave all pavements within the limits of work in a broom clean condition. 1.03 GUARANTEES A. Provide one year warranty in writing. B. Guarantees and warranties shall begin at the time specified in the Owner's letter of substantial completion. 1.04 PROJECT RECORD The contractor is to mark set of drawings to show accurate measurements of all underground and hidden utilities and services related to the project; record all changes of direction and locations and dimensions and elevations. Clearly mark set as "Record Documents: Contractors' Set" and maintain in good condition, available tat all times for inspection by Owner and not used for construction purposes. Upon completion of the project and before final payment, the Contractor shall forward the Record Documents showing clearly all "as-built" notations including dimensions to t accurately locate all of the above including changes, to the Owner. The recording of information is the responsibility of the Contractor and shall be done at no additional cost to the Owner. 1.05 OPERATION & MAINTENANCE DATA General Building Manual: Furnish 3 finished copies of manual listing Contractor and subcontractors, including addresses and telephone numbers and name of contact person, all materials installed in the irrigation system. Include manufacturer's and suppliers' names, addresses, phone numbers, contact persons, and model numbers; all pertinent data required for replacement ordering or duplication at later date; list in order of how specified on typewritten 8-1/2 x 11 inch pages. Bind in hardback, cloth- covered binding with name of project, date of completion and acceptance and Owner's name, address and telephone number imprinted on cover. Deliver to Owner at time of acceptance of the work. 2002-282aa 01700 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT PROJECT CLOSE-OUT SECTION 01700 1.06 FINAL INSPECTION A. In accordance with the General Conditions, and after receipt of written notice that the work is ready for final inspection and acceptance and receipt of the final application for payment, the Owner will make such inspection in the presence of the Contractor and furnish the Contractor with a "Punch List" of any items found incomplete or not in conformance with the contract documents. The Contractor shall remedy such defects within 30 days of his receipt of the list and the Owner will make one subsequent inspection of the work. B. Should correction not be made within the allotted 30 days and should additional inspections of the work be required due to failure of the Contractor to remedy defects listed, the Contractor shall pay to the Owner the cost of any additional Engineer's construction management costs on their published per hour rate of the actual cost of the expenses, plus travel expenses by private automobile at the rate of 32.0 cents per mile. Such sum shall be deducted from the Contractor's final payment. When the Owner finds the work acceptable under the final certificate for payment stating that, to the best of his knowledge, information and belief, and the basis of his observations, the work has been completed in accordance with the terms and conditions of the contract documents, then the entire balance found to be due to the Contractor, and noted in said final certificate less amounts indicated above, is due and payable in accordance with the General Conditions. 1.07 CORRECTION OF WORK DURING GUARANTEE PERIOD A. Corrections: Where items on the Owner's "Punch List" have not been corrected prior to expiration of the specified guarantee period, it shall nevertheless be the responsibility of the Contractor to permanently correct said items after the specified guarantee period, and the Contract shall not be fully performed until such permanent corrections are made. B. Guarantee Period: All corrective work performed by the Contractor in remedying defective work during the guarantee period following the Owner's acceptance of the project shall be subject to the same guarantee requirements of the original work for a period as specified for the original work, from the date of completion of the corrective work. Further, the Contractor shall pay to the City for the Owner the amounts noted in paragraph 1.06 for inspections to assure performance of remedial work in accordance with Contract Documents. Such payment shall be immediately reimbursed to the Ownerupon receipt by the Contractor of an itemized billing. 1.08 PROJECT CLOSE-OUT PROCEDURES CHECKLIST: RESPONSIBILITY The contractor shall provide those OF. items so specified as his responsibility. Owner 1. Preliminary Punch List Owner 2. Beneficial Occupancy 2002-282aa 01700 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT PROJECT CLOSE-OUT SECTION 01700 RESPONSIBILITY The contractor shall provide those OF: items so specified as his responsibility. Owner 3. Beneficial Occupancy or Final Contractor 4. Acceptance, accept responsibility for: a. Insurance b. Utilities Owner 5. Final Punch List Contractor 6. 100% Completion of Specification Requirements a. Clean-up 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 Owner 10. Acceptance of Work Letter Owner 11. City Council Final Acceptance t Owner 12. Final Acceptance Letter (identifying warranty date) Owner 13. Lien Documentatin —45 days after Final Acceptance a. Certification of No Liens LContractor 14. Cert. of Occupancy issued by Permit Agency Contractor 15. Final Affidavit of Wages Paid Contractor 16. Dept. of Labor& Industries a. Insurance Release b. Workmen's Compensation Release 2002-282aa 01700 PAGE 3 VETERANS MEMORIAL PARK DEVELOPMENT PROJECT CLOSE-OUT SECTION 01700 RESPONSIBILITY The contractor shall provide those OF: items so specified as his responsibility. Contractor 17. Affidavit of Payment of Debts and Claims (AIA G706) Contractor 18. Affidavit of Release of Liens (AIA G706A) Contractor 19. Certificate of State Sales Taxes Paid Contractor 20. Consent of Surety to Final Payment (AIA G707) Owner 21. Notice of Completion &Acceptance (Exec. Sig.) Owner 22. Processing of Retainage Payment begins a minimum of 45 days following date of Final Acceptance a. After Certification of Compliance is filed b. After Release from State Dept of Labor& Industries C. After Release from State Employment Security Dept d. After Release from State Dept of Revenue e. After Receipt of all approved Affidavit Wages Paid from Contractor 1.09 CERTIFICATE OF COMPLIANCE No final payment shall be made until the Contractor shall file with the City of Renton prior to acceptance of the work, a Certification of Compliance and release of liens in forms substantially as follows: I (we) hereby certify that all work has been performed and materials supplied in accordance with the plans, specifications and contract documents for the VETERANS MEMORIAL PARK DEVELOPMENT, and that: a. Not less than the prevailing rates of wages as ascertained by the governing body of the contracting agency has been paid to laborers, workmen and mechanics employed on this work; b. There have been no unauthorized substitutions of subcontractor; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the Owner prior to the start of such subcontracted work; C. No subcontract was assigned or transferred or performed by any subcontractor other than the original subcontractor, without prior notice having been submitted to the Owner together with the names of all subcontractors; 2002-282aa 01700 PAGE 4 VETERANS MEMORIAL PARK DEVELOPMENT PROJECT CLOSE-OUT SECTION 01700 d. All claims for material and labor and other services performed in connection with the contract documents have been paid; and for those claims for which 1 liens have been filed, a release of lien has been filed with the Owner; e. All moneys due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund, the State Department of Revenue, hospital 1 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 ($2,500.00) utilized in the performance of this project have 1 been reported; g. All provisions of nondiscrimination as called for in the contract documents have been complied with. 1 1.10 FINAL APPLICATION FOR PAYMENT Submit final Application for Payment in accordance with procedures and requirements of Owner. a. Submit"Affidavit of Wages Paid"from Contractor and all subcontractors. b. Lien waiver from General Contractor for entire contract. 1 C. Proof of Payment of taxes from the State Dept of Revenue END OF SECTION i 1 1 1 1 t 1 1 1 2002-282aa 01700 PAGE 5 r- � 'a.c £ ?'M4P3a �'su'is .t.Sr €Z �`�`•�s s�'�,- . -w,� � ��� t F Ca "' „�K7 g s Ty-r a i�1 �f`s 1 r is'ei v" x4 r y�t.,,�sa.� � � .�➢' t r v r z r vd fi xA 7 svp Qwm ,ak r w v u x Ache,— k S �' k � '3aL��F ' ",�y;�a �.�. €.: Fs 4 x `��Y '* ' x :rxr *�#'��• y ,'� "- r��`>, } a+ " � u*'. k 'Y """t. wt'k. r.�:-Y�g •s.a:x -h a x t d '� %' ww�n °". fx yst' f� ti ,-., ,,�'` vi DO .�' ', �'rr : k t sY r. t k §f r n7�' r Y ♦ 7 a. ' � '�in ��$� � � F :t { f�� �. �.� :♦ *A �s' c a ryq 5 y ry� y Ft -� '.�. 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J r Sys s.r r°", �xn,+KP ,'"' ,�°S:- ?. #v2" r h E*A ,✓✓ �"� ' 7 n sw` a r v ci` Paz#' z. ,� ,' t`., k s 3 u ,s it 'i$ *� �'. s ,3t -wr w r+ ewe r i, 11 . � � a � ` z� ty r �, t S iz,# ,ft's' �,r #,,�, a t svt a r"' r pR� y" F5 a4 > r �5 a �ti"� � a # i-;,rv,", tv4",+ .{, -1'z tom` S r.o; `w a y4s a x ,� r J'�� „t r xs+'°^' }-s.µ9 . '' t ` # 1 x g,,� �i�a i r'r i ,N ` x X : �,�i33r,r3 jnb� R $z3 x45x fir„: s z ' a .. 54.' .✓s.' "�+#r'§ n '`s` '.�iS '�`'*6."s`3u� `�n ;, ,5$m * 3 4'a,�'. _; _. _ ._, a' _. _ __ —1 _ a__.-,-_ .. .. VETERANS MEMORIAL PARK DEVELOPMENT EXCAVATION, BACKFILLING &COMPACTION SECTION 02200 PART GENERAL 1.01 GENERAL A. Related Documents: The General Conditions and the Special Conditions shall apply to the work specified in this section. B. Description of Work: The work of this section shall include all labor, materials and equipment required to complete the Excavating, Backfilling & Compaction work as shown on the drawings and as specified herein. C. Work Included: The work of this section shall include, but is not limited to the following: 1. Excavation and backfilling of footings and foundations; 2. Excavation for Flagpole Pole Bases; 3. Dust & Erosion Control 4. Rough and finish grading. D. Job Conditions: 1. Site Conditions: The building pad has been provided by others. The building pad is approximately 12" (± 0.2 foot) below finished floor. The Contractor shall assume the pad has been placed in accordance with the requirements of these specifications, with the specified structural fill material, and compacted to 95% of the maximum dry density as defined and determined by the American Society of Testing and Materials (ASTM), Designation D-698 (Standard Proctor). 2. Dust Control: Use all means necessary to control dust on and near the work if such dust is caused by the Contractor's operations during ' performance of the work or if resulting from the condition in which the Contractor leaves the site. 3. Protection: Use all means necessary to protect all items designated to remain. In the event of damage, immediately make all repairs and replacements necessary to the approval of the Architect and at no cost to the Owner. 4. Erosion Control Measures: Contractor shall institute erosion control measures as necessary to prevent runoff to adjacent properties and streets. The Contractor shall be responsible for the cleaning up of adjacent properties or streets that are adversely impacted by runoff resulting from his construction activities on the site. 2002-282aa 02200 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT EXCAVATION, BACKFILLING & COMPACTION SECTION 02200 PART 2 - MATERIALS 2.01 GENERAL A. Approval Required: Any fill material required shall be q subject to the approval of the Architect. B. Notification: For approval of any required fill material, notify he Architect a Y t least four (4) working days in advance of intention to import material, designate the proposed borrow area, and permit the Architect to sample as necessary from the borrow area for the purpose of making acceptance tests to prove the quality of the material. 2.02 FILL MATERIAL A. Imported Structural Fill: All imported structural fill shall be clean, well-graded sand and gravel containing less than 5 percent passing the U.S. Standard No. 200 sieve based on a wet sieve analysis of that portion passing the 3/4-inch sieve. B. On-Site Fill Material: All on-site fill material shall be non-organic, predominately granular soil containing less than 5 percent passing the U.S. Standard No. 200 sieve based on a wet sieve analysis of that portion passing the 3/4-inch sieve. On-site material with a greater percentage of silt and fine sand shall be limited to use during the summer and early fall when the moisture content can be maintained near optimum. (Optimum moisture content is that moisture content which results in the greatest compacted dry density.) Any large cobbles or other material (greater than about 3 inches in diameter) shall be removed. C. Other Material: All other materials, not specifically described but required for a complete and proper installation, shall be as selected by the Contractor subject to the approval of the Architect. PART 3 - EXECUTION 3.01 GENERAL A. Familiarization: Prior to all work of this section, the Contractor shall become thoroughly familiar with the site, the site conditions, and all portions of the work falling within this section. Failure to do so shall not alleviate the Contractor from completing the work in accordance with the drawings and specifications. B. References in these specifications to specific percentage values for required compaction of soils are a percentage of the maximum dry density as defined and determined by the American Society of Testing and Materials (ASTM), Designation D-698 (Standard Proctor). 2002-282aa 02200 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT EXCAVATION, BACKFILLING & COMPACTION SECTION 02200 C. Testing: 1. Initial Testing: The Owner, at his expense, may engage the services of an approved testing laboratory or soils engineer to verify that the compaction density percentages specified herein have been achieved. 2. Failure and Retesting: If any of the areas tested fail to meet specifications in any way, they shall be excavated and re-filled and compacted as directed by the Architect at no additional expense to the Owner. The area in question shall then be retested by the Owner's testing lab or Soils Engineer and the cost of this retest shall be paid for by the Contractor, either by direct payment or by change order. 3.02 STRUCTURAL EXCAVATION A. Structural excavations shall include excavations required for footings. B. The bottom of excavation shall be within +0.10 feet of the elevations shown on the drawings. The bottom of all structural excavations shall be cleaned to t remove all rocks over 3 inches in diameter and loosened soil. 1. All excavations shall be carried to the required depth. Should the Contractor, through his own negligence or other fault, excavate below the desired depths, he shall replace such excavation with approved materials and method at his own expense. 2. The Architect shall be notified as soon as excavations for footings or foundations are made, in order that inspections can be made prior to building forms and pouring concrete. 3. All excavations must be clean, and dry with a firm and unyielding surface at time of placing concrete. Remove excess excavated materials from site. C. Backfill: 1. Backfill shall not be placed against just one side of concrete walls until the concrete has developed sufficient strength to resist the loading imposed by the backfill. Any abutting concrete walls or beams shall also have attained sufficient strength. In any case, the backfill placement shall not begin prior to 72 hours after concrete placing. 2. Where backfill is to be placed against both sides of concrete walls, the backfill shall be brought up evenly on both sides of the wall. 3.03 EXCESS WATER CONTROL A. Unfavorable Weather: Do not grade during unfavorable weather conditions. Do not resume operations until moisture content and fill density are satisfactory to the Architect. B. Flooding: Provide berms or channels to prevent flooding of subgrade. Promptly remove all water collecting in depressions. C. Softened Subgrade: Where soil has been softened or eroded by flooding or placement during unfavorable weather, remove all damaged areas and recompact as specified for fill and compaction. 2002-282aa 02200 PAGE 3 VETERANS MEMORIAL PARK DEVELOPMENT EXCAVATION, BACKFILLING & COMPACTION SECTION 02200 D. Dewatering: 1. Provide and maintain at all times during construction ample means and devices with which to promptly remove and dispose of all water from every source entering the excavations or other parts of the work. 2. Dewater by means which will ensure dry excavations and the preservation of the final lines and grades of bottoms of excavations. 3.04 EROSION CONTROL A. Contractor shall maintain erosion control measures already in place in a satisfactory condition until such time as the filling, compaction and grading work is completed and all exposed areas are covered or landscaped. END OF SECTION 2002-282a a 02200 PAGE 4 VETERANS MEMORIAL PARK DEVELOPMENT UTILITIES SECTION 02700 PART 1 -GENERAL 1.01 GENERAL A. Related Documents: The General Conditions and the Special Conditions shall apply to the work specified in this Section. B. Description of Work: The work of this section shall include all labor, materials and equipment required to complete the site utilities work as shown on the drawings and as specified herein. C. Work Included: The work of this section shall include, but is not limited to, the following: 1. Trenching and backfilling for contractor-installed utilities 2. Trenching and backfilling for electrical 3. Site Storm Drainage 4. Electrical conduit D. Associated Work Specified Elsewhere: 1. Irrigation System: See Section 2810, Landscape Sprinkler System. E. Quality Assurance: 1. Codes: All work shall be performed in accordance with the 2002 Standard Specifications for Road, Bridge and Municipal Construction, prepared by the Washington State Department of Transportation. F. Submittals: Submit four (4) copies of manufacturer's data on all required piping and conduit materials prior to start of construction. PART 2 - PRODUCTS 2.01 GENERAL A. Specifications: References in these Specifications to the "Standard Specifications shall mean the 2002 Standard Specifications for Roads, Bridge, and Municipal Construction, by the Washington State Department of Transportation. e B. All materials shall be delivered in sound condition. Care should be taken to protect any exterior coatings and linings during all phases of the work. Place no material of any kind inside any piece of pipe or fitting during handling, storage or transit. Materials shall be stored in a protected area. C. Any damaged item shall be repaired, as directed, if in the opinion of the Architect it can be made; otherwise, the damaged section shall be replaced at the expense of the Contractor. 2002-282aa 02700 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT UTILITIES SECTION 02700 D. All conduit systems shall be constructed from the materials shown and to the lines, grades and dimensions shown. Where not shown, the conduits shall be located to avoid interference with other features or utilities. 2.02 MATERIALS A. Trenching and Backfilling: 1. Bedding Material: Shall be clean sand/gravel mixture free from organic matter and conforming to Section 9-03.12(3) of the Standard Specifications. 2. Trench Backfill: a. Shall be naturally occurring or screened gravel, essentially free from various types of wood waste or other extraneous or objectionable materials conforming to Section 9-03.12 of the Standard Specifications. b. Material shall be obtained from required excavations or other Contractor-furnished sources approved by the Architect. B. Storm Drainage: Shall be solid PVC Drain Line conforming to ASTM D 2729. C. Trench Drain. Shall be No. Z-883 — 6-inch wide perm-trench shallow drainage system with a Z-886-BZ cast bronze grate as manufactured by Zurn Industries (206-464-1925), or approved equal. Provide accessories as required for complete installation. D. Electrical Conduit: 1. Buried Conduit: PVC conduit shall be type 2, and shall be resistant to low temperature and grade 1 UL rated Schedule 40. PVC conduit system fittings, couplings, etc. shall be of the same manufacturer as the conduit. 2. Exposed Conduit: Shall be Rigid Steel Conduit (RGS), hot-dipped galvanized with threaded couplings and connectors. PART 3 - EXECUTION 3.01 GENERAL A. General: Site utility work shall include the installation of the underground utilities to a point 5 feet from the building. The utilities from approximately 5 feet outside the building into the building shall be the responsibility of the corresponding subcontractor. B. Standard Specifications: All work shall be erformed in accordance dance with the 2002 Standard Specifications for Road, Bridge and Municipal Construction, prepared by the Washington State Department of Transportation. C. Coordination: Coordinate all utility installation and connections with appropriate utility companies and the City of Burlington. Patching of asphalt or concrete shall be in accordance with the Standard Specifications. 2002-282aa 02700 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT UTILITIES SECTION 02700 D. All conduit or piping and fittings shall be installed in strict accordance with manufacturer's recommendations, the drawings, these specifications, and in the best commercial trade practice. Any special tools required for laying, jointing, cutting, etc., shall be supplied and properly used. All pipe or conduit shall be thoroughly cleaned before laying and shall be kept clean until accepted in the completed work and when laid, shall conform accurately to the lines and grades given. At all times during pipe or conduit laying operations, the trench shall be kept free of water. E. In case defects are revealed by inspection, the Contractor shall replace the defective pieces and shall bear the expense. F. Compaction: References in these specifications to specific percentage values for required compaction of soils are a percentage of the maximum dry density as defined and determined by the American Society of Testing and Materials (ASTM), Designation D-698. The Owner will engage the services of an approved testing laboratory to verify that the compaction density percentages specified herein have been achieved. 3.02 TRENCH EXCAVATION A. The trench shall be excavated to permit proper placement of the pipe or conduit E to the alignment and grade shown on the drawings or specified. Excavation depth shall include an allowance for the required bedding. Trench bottom shall be cleaned of all loosened soil and rocks. Shape and dimension of the trench shall allow one foot on each side of all piping or conduit. If, without written authorization, the trench is excavated below the required depth, it shall be backfilled at the Contractor's expense with bedding material specified in Section 2.02 and compacted. B. Material obtained from excavation and meeting the backfill requirements may be used for backfill. Excess suitable material may be used in required fill. Material not meeting backfill requirements or fill requirements shall be disposed of off-site by the Contractor. 3.03 TRENCH DRAIN A. Install per manufacturer's recommendations, secured on a 4-inch thick concrete footing. Install a bottom drain connection out of trench drain with a 450 elbow and connect to the 4-inch site storm drain. 3.04 BACKFILL A. Trenches shall not be backfilled until the Architect has determined that installation and testing requirements have been met. Pipe or conduit bedding shall be brought up evenly on both sides of the pipe or conduit to avoid lateral displacement of the piping or conduit and damage to the joints. 2002-282aa 02700 PAGE 3 VETERANS MEMORIAL PARK DEVELOPMENT UTILITIES SECTION 02700 B. All piping and conduit shall be bedded with sand and gravel as specified in Section 2.02. Minimum thickness of the compacted bedding layer under the pipe shall be 6 inches. Compaction shall be to at least 85% of maximum density. C. After the piping or conduit is in lace on the bedding,p P g p g, ding material shall be placed uniformly along each side of piping or conduit in layers not exceeding 6- inch loose depth, compacting each layer to at least 85% of maximum density. The 6-inch thick layers shall be continued until piping or conduit is covered by at least 12 inches of bedding. Remaining portion of the trench shall be backfilled with trench backfill material as specified in Section 2.02, placed in maximum 1- foot thick layers and compacted to at least 85% of maximum density. D. Where piping or conduit crosses under paved or concrete areas, the trench backfill material shall be compacted to at least 95% of maximum density. 3.05 SITE RESTORATOIN A. Site Restoration: Upon completion of all work, the site shall be cleaned up and restored to a condition equal to or better than that existing prior to start. All debris shall be removed and disturbed earth shall be compacted. END OF SECTION 2002-28 2aa 02700 PAGE 4 VETERANS MEMORIAL PARK DEVELOPMENT LANDSCAPE SPRINKLER SYSTEM SECTION 02810 iPART 1 - GENERAL 1.01 GENERAL A. Related Documents: The General Provisions of the Contract, including the General and Special Conditions shall apply to the work specified in this Section. B. Description of Work: The work of this section shall include all labor, materials, equipment and appliances required to complete the design and installation of a Landscape Sprinkler System as indicated on the drawings and as specified herein. 1. Work Included: a. Installation of Landscape Sprinkler System. b. Automatic Controls. C. Connection to Water Service. 2. Work Specified in Other Sections: a. Section 02900 - Landscaping 1.02 REFERENCES A. General: Publications of the issues listed below, but referred to thereafter by tbasic designation only, form a part of this specification to the extent indicated by references thereto. B. American Standards Institute (ANSI): 1. ANSI B 16.3 - 1977: Malleable Iron Screwed Fittings, 150 to 300 pounds. C. American Society for Testing and Materials (ASTM): 1. ASTM A 120-73: Specifications for Black and Hot- Dipped Zinc-coated (Galvanized) Welded and Seamless Pipe for Ordinary Uses. 2. ASTM B 88-75: Specifications for Seamless Copper Water Tube. 3. ASTM D 1785-74: Specification for PVC and CVPC Plastic Pipe Schedules 40, 60 and 120. 4. ASTM D 2466-74: Specification for Socket-Type PVC and CVPC Plastic Pipe and Fittings. 5. ASTM D 2564-73: Specification for Solvent Cements for PVC Plastic Pipe and Fittings. 6. ASTM D 2855-73: Standard for Making Solvent- Cemented Joints with PVC Pipe and Fittings. D. Federal Specifications: 1. WW-V-51 E: Valve, Angle, Check and Globe, Bronze (125, 150 and 200 pound, Threaded Ends, Solder End and Brazed, for Land Use). 2. WW-V-54D: Valve, Gate, Bronze (125, 150 and 200 pound, Threaded Ends, Solder End and Brazed, for Land Use). 3. WW-V-58D: Valves, Gate, Cast Iron: Threaded and Flanged (for Land Use). 2002-282aa 02810 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT LANDSCAPE SPRINKLER SYSTEM SECTION 02810 E. International Association of Plumbing and Mechanical Officials F. National Electrical Code (NEC) 1.03 SUBMITTALS A. Shop Drawings: Before materials of this section are delivered to the job site, submit to the Architect a complete materials list of all items proposed to be furnished and installed under the section for conformance with the specifications. B. Manufacturer's Literature: Submit four (4) copies of manufacturer's technical data and installation and maintenance instructions for the Landscape Irrigation System. 1. Pipe and Fittings 2. Valves 3. Sprinkler Heads 4. Backflow Preventer 5. Automatic Controller 6. Manual Drain. C. Project Record: Provide a separate and complete record drawing of the installed irrigation system showing the location of all heads, pipes, drains, valves, etc. 1.04 QUALITY ASSURANCE The Contractor must be a licensed lawn sprinkler contractor. The sprinkler system must be installed by a journeyman lawn sprinkler mechanic or journeyman plumber experienced in the installation of lawn sprinkler systems. All electrical work must be done by a licensed electrical contractor. 1.05 OPERATING INSTRUCTIONS A. Maintenance Manual: Furnish two (2) copies of the following information bound in a suitable binder. 1. Index to Manual. 2. Shop Drawing of the System Layout. 3. Manufacturer's Literature describing the System. 4. Operating Instruction. 5. Installation Instruction. 6. Parts List with Prices. 7. Guarantees. B. Instructions: Provide services of competent instructors to give instructions to Owner personnel at the site. 20 - 02 282aa 02810 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT LANDSCAPE SPRINKLER SYSTEM SECTION 02810 PART 2 - PRODUCTS 2.01 MATERIALS A. General: All materials required for a complete and proper irrigation system. Installation shall be new, first quality and subject to the approval of the Architect. B. Pressure Pipe (above grade, interior use): Galvanized steel pipe, ASTM A- 120, standard weight (Schedule 40) C. Pressure Pipe (below grade, exterior use): Polyvinyl- chloride ASTM D 1785, Schedule 40 D. Zone Pipe (downstream from zone valves): Polyvinyl- chloride ASTM D 2441, SDR-21, pressure rate for 200 psi E. Fittings: Polyvinylchloride ASTM D 2466, Schedule 40 F. Valves: 1. Gate Valves, 3 inch and larger: WW-V-58, Bronze, Type I, Class A, 125 pound, threaded end connection 2. Gate Valves, under 3 inch: WW-V-54, Bronze, Type I or II, Class A, 125 pound, screwed end connection, with "O" ring seal and operating nut 3. Globe Valves: WW-V-51, Bronze, Type I (globe) or Type II (angle) Class A, 125 pound, threaded with renewable disc 4. Key Operated Valves: Manual globe valves, fitted for key operations 5. Valve Keys: 3 feet long with tee handles and keyed to fit valves 6. Automatic Zone Valves: Globe valves (Bronze or Plastic) with operation by controller voltage motor or solenoid, normally closed, manual flow and pressure adjustment with a 4-second minimum closing time; able to adjust the water pressure individually for each valve system, as manufactured by Rainbird or approved equal 7. Manual Drain Valves: 3/4" Ball Valve with detachable key; enclosed in 2- inch plastic pipe with a locking cap, Buckner#72 G. Backflow Preventer: City to install. H. Pressure Reducing Valve Module: As manufactured by "Rainbird." I. Sprinkler Heads: Brass or PVC, pop-up adjustable type, guaranteed against corrosive action of soil and water, as manufactured by "Rainbird" or approved equal. Provide fixed and pattern screw adjustment. J. Miscellaneous: 1. Valve Boxes: Pre-cast concrete (Fog-Tite#1) or plastic PVC (Ametek) with provisions for securing lid 2. Drain Gravel: Washed; 3 inch maximum, 3/4 inch minimum 3. Pea Gravel: Washed; 3/8 minus 4. Sand Fill: Coarse sand, No. 8 maximum, not more than 3% under No. 200 sieve. 2002-282aa 02810 PAGE 3 VETERANS MEMORIAL PARK DEVELOPMENT LANDSCAPE SPRINKLER SYSTEM SECTION 02810 5. Building Paper: 30 pound asphalt saturated felt. 6. Dielectric Fittings: Manufacturer's standard per UPC. 7. Control Wire: Wire must be insulated single strand copper wire designed for 24 to 50 volts, meet ASTM B-3 specifications and be UL approved as Type U.F. (Underground Feeder). Red, white, orange and black wire colors must be available. 8. Locater Wire: 12 GA., single strand, bare copper wire. 2.02 AUTOMATIC CONTROL SYSTEM A. General: 24 Volt (low voltage) system manufactured expressly for control of automatic zone valves as manufactured by "Rainbird" or approved equal, as specified on the drawings. B. Case: Per NEC with locking cover. C. Transformer: To convert building service voltage to control voltage (117 volt input with 26.5 volt output). D. Zone Control: Each circuit variable from 5 to 60 minutes. Provide switch for manual or automatic operation of each circuit. E. Timing Device: Adjustable, 24-hour with 7- and 14-day clocks to operate at any time of the day and skip any day within a 7- or 14-day period. Provide a timing cycle switch or button to advance controller manually. PART 3 - INSTALLATION 3.01 SYSTEM DESIGN A. General: 1. Excavate straight and true with bottom uniformly sloped to low points. 2. Protect existing lawns and plantings. Remove and replant as necessary to complete installation. Replace damaged lawn areas and plants with new to match existing. B. Trench Depth: 3 inches below invert of pipe. C. Minimum Cover(measured from finished grade): 1. Pressure Pipe: 36 inches. 2. Zone Pipe: 12 inches. D. Backfill: Backfill 6 inches over top of pipe with pea gravel. Complete backfill with clean material from excavation. Remove organic material and rocks larger than 1 inch in size. Place in 12-inch lifts compacting each lift to 90% density. 2002- 282aa 02810 PAGE 4 VETERANS MEMORIAL PARK DEVELOPMENT LANDSCAPE SPRINKLER SYSTEM SECTION 02810 3.02 INSTALLATION: A. General: Conform to UPC. B. Backflow Preventer: Installed by City. C. Zone Valves: 1. Install in valve box at a depth of 6 inches below finish grade in lawn areas and flush in planting areas, neatly arranged with access for adjustment and removal. 2. Provide union on both sides of valve. D. Piping: 1. Lay pipe on solid foundation, uniformly sloped, without pockets. 2. PVC Pipe: Make joints and install per ASTM D 2855 in dry weather. 3. Zone Piping: Slope to drain valve at 1/2 inch in 10 feet, minimum. 4. Flush all piping before installation of any valves. 5. No PVC pipe may be threaded or connected to a threaded fitting without an adapter. 6. Install locater wire (12 Ga single-strand bare copper wire) on top of each pipe run for possible future detection search. Secure wire to top of pipe with tape at 10-foot intervals before backfilling. E. Manual Drain: 1. Locate at the low point of each valve system. 2. Excavate to provide for 1 cubic foot pocket below valve. 3. Backfill with drain gravel to 12 inches below grade. 4. Cover gravel with building paper. 5. Backfill remainder with excavated material and 6 inches of topsoil. F. Sprinkler Heads: 1. Flush zone lines with full head of water. 2. Install heads after hydrostatic test is complete. 3. Heads: Install heads flush as per manufacturer's recommended heights. Provide 6-inch riser extensions for all heads in planting areas. 4. Head Locations: Maintain minimum distances for part circle heads at 1 to 2 inches from paved surfaces and 4 inches from walls. G. Dielectric Protection: Where water pipes of dissimilar metal are joined, make connection with dielectric fitting. H. Controller: Locate controller, 50 inches above floor, as located on the plans and adjacent to an 110v electrical outlet. Provide a 2-inch conduit from the controller to a planting area outside the building. I. Control Wire: 1. Control wires are to be taped together at 5-foot intervals; then this bundle is to be taped to the bottom of the supply line at ten (10) foot intervals with at least three wraps of electrical tape. 2002-282aa 02810 PAGE 5 VETERANS MEMORIAL PARK DEVELOPMENT LANDSCAPE SPRINKLER SYSTEM SECTION 02810 2. Splices will be permitted only at the valves and never between valves or valve and controller. There must be a separate lead or"hot" wire to each automatic valve. One common wire will be acceptable. 3. As the control wires are being installed on the bottom of the PVC supply line with electrical tape every ten (10) feet (as described above), a bare locator copper wire will be installed on top of the PVC supply and zone lines. 3.03 TEST AND INSPECTION A. Hydrostatic test water of all piping and valves in the presence of Owner's representative to a minimum constant pressure of 125 psi for a period of 30 minutes. It is recommended the test be performed before pipe and joints are backfilled. To be valid, all tests must be performed under the direction and supervision of an Owner's representative or the Architect. B. Backfilling: 1. In refilling trenches, the earth fill around the pipe and fittings shall be free from stones and well tamped. 2. Trenches shall be thoroughly water-settled. The trenches shall be backfilled uniformly with the surrounding grade, raked to a slight mound, then rolled with a 250-lb. roller or compacted with a vibrator. C. Operational Test. Perform operational and coverage test after hydrostatic test has been completed, and backfill is complete and the heads adjusted to final position. Adjust head placement to insure proper water coverage as approved by the Owner's representative or the Architect. D. Final Inspection: 1. Before the sprinkler system will be accepted, the contractor, in the presence of the Owner/Architect, shall perform a water coverage test to determine if the water coverage and operation of the system is complete and satisfactory. 2. If any part of the system is inadequate due to the Contractor's poor workmanship or materials, it shall be repaired or replaced at the Contractor's expense and the test repeated until accepted. END OF SECTION 2002-282aa 02810 PAGE 6 t VETERANS MEMORIAL PARK DEVELOPMENT LANDSCAPING SECTION 02900 PART 1 -GENERAL 1.01 GENERAL A. Related Documents: The General Conditions and the Special Conditions shall apply to the work specified in this section. B. Description of Work: The work of this section shall include all labor, materials and equipment required to complete the landscaping work as shown on the drawings and as specified herein. C. Work Included: The work of this section shall include, but is not limited to the following: 1. Installation of topsoil 2. Sodding of lawn areas 3. Planting of plants 4. Bark mulch in shrub beds D. Work Specified in Other Sections: 1. Section 02810 - Landscape Sprinkler System 1.02 STANDARDS A. Conform to the standards of the American Standards Institute USA Z60.1 USA Standard for Nursery Stock. 1.03 QUALITY ASSURANCE A. Substitutions: If specified landscape materials are not obtainable, the Contractor shall submit to the Landscape Architect proof of non-availability and a proposal for the use of alternate/equivalent plant material. B. Analysis and Standards: A manufacturer's certified analysis shall be provided to the Landscape Architect for those products commonly packaged. For all other materials, the Contractor shall provide an analysis prepared by a recognized laboratory. C. Planting Soil: Before delivery of planting soil to the project site, the Contractor shall furnish the Landscape Architect a written statement giving the geographical location of all the properties from the location the planting soil was obtained. D. Plant Material: The Contractor shall provide only the plant material that has been grown in a recognized nursery in accordance with good horticultural practice. All stock provided shall be healthily and vigorous and shall have been grown under climatic conditions similar to those in the locality of the project. The stock shall be free of disease, insects, eggs, larvae and defects including, but not limited to, knots, sun-scald, injuries, abrasions and disfigurement. 2002-282aa 02900 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT LANDSCAPING SECTION 02900 E. Sizes: Provide plant material of the sizes shown or specified. Plant material of a larger size may be used if acceptable to the Landscape Architect and the root or root balls are increased proportionally. F. Inspection: The Landscape Architect reserves the right to inspect plant material either at the place of growth or at the site before planting for compliance with the specifications. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Packaged Materials: Packaged materials shall be delivered in containers showing weight, analysis and name of manufacturer. Protect materials from deterioration during delivery and while stored at the site. B. Plant Material: 1. General: Provide freshly dug plant material. Do not use plant material that has been in cold storage or heeled-in. Do not prune prior to delivery. Do not bend or bind-tie trees or shrubs in such manner as to damage bark, break branches or destroy natural shape. Provide protective covering during delivery. 2. Deliver plant material after preparations for planting have been completed and plant immediately. If planting is delayed more than 6 J hours after delivery, set trees and shrubs in shade, protect from weather and mechanical damage and keep roots moist. 3. Do not remove container-grown stock from containers until actual planting of stock. 4. Label at least one plant of each variety with a securely attached waterproof tag bearing legible designation of botanical and common name. Location of tagged plants shall be identified on a drawing and submitted to the Owner. + ' C. Planting Time: Plant or install materials during normal planting seasons for each type of landscape work required. Correlate planting with specified maintenance periods to provide maintenance until assumption of maintenance by the Owner. D. Coordination with Lawns: Plant trees and shrubs after final grades are established and prior to planting of lawns, unless otherwise acceptable to the Owner. If planting of plant material occurs after lawn work, protect lawn areas and promptly repair damage to lawns resulting from planting operations. 1.05 WARRANTY A. Guarantee plantings through the specified maintenance period and until final acceptance. B. Guarantee plant material for a period of one full growing season after the date of acceptance against defects including death and unsatisfactory growth with the exception for neglect by Owner, abuse or damage. 2002-282aa 02900 PAGE 2 t VETERANS MEMORIAL PARK DEVELOPMENT LANDSCAPING SECTION 02900 C. Remove and replace plant material found to be dead or in unhealthy condition during the guarantee period. Replace missing plant material at the end of the guarantee period. Furnish and plant replacements that comply with requirements shown and specified. Also, replace any plant materials that are in doubtful condition at the end of the guarantee period as determined by the Owner. D. Plant material guarantee period shall be one full growing season considered from April 15 to October 1. PART 2 - PRODUCTS 2.01 SOIL MATERIALS A. Topsoil: Topsoil shall be sandy loam. It shall be fertile, friable natural loam common to the area with a Ph factor between 5 and 7. It shall be obtained from naturally well-drained areas free of admixtures of clay, subsoil, rocks larger than 1-1/2 inches in diameter, sticks and other foreign material. B. Planting Soil (3-Way Mix): Planting soil for backfilling of all plant material shall be a 3-way mix consisting of one part rotted manure, two parts sandy loam and one part peat moss by volume. 1. Manure: Shall consist of well-rotted (at least one year) unleached cattle manure not containing more than 1/3 shavings or sawdust. It shall be free of noxious weed, grass seed, roots, limbs or other foreign material and shall be thoroughly pulverized prior to use. 2. Peat Moss: Shall be Type 2, as manufactured by Canadian Sphagnum or approved equal, packaged in waterproof, non-overlaid bags, clearly labeled as to weight, manufacturer and content. 2.02 SOIL AMENDMENTS A. Lime: Natural Limestone containing not less than 85% of total carbonated ground, so that not less than 90% passes a 90-mesh sieve and not less than 50% passes a 100-mesh sieve. B. Peat Humus: FS Q-P-166 and with the texture and Ph range suitable for the intended use. C. Commercial Fertilizer: Complete fertilizer of natural character with some elements derived from organic sources and containing the following percentages of available plant nutrients: 1. Trees and Shrubs: Provide fertilizer with not less than 10% available phosphoric acid and from 3% to 5% total nitrogen and from 3% to 5% soluble potash. Agriform Planting Tablets 20-20-15 or approved equal. 2. Lawn Areas: Use 10-20-20 fertilizer with not less than 4% phosphoric acid and not less than 2% potassium and the percentage of nitrogen required to provide not less than 1 pound of actual nitrogen per 2002-282aa 02900 PAGE 3 VETERANS MEMORIAL PARK DEVELOPMENT LANDSCAPING SECTION 02900 1000 square feet of seeded area. Provide nitrogen in a form that will be available to the grass during the initial period of growth. 2.03 PLANT MATERIAL A. Quality: All plants shall be nursery grown or normal habit of growth, healthy, vigorous and free of disease, insect eggs and larvae. Plants shall not be pruned prior to delivery. Grading of plant material shall be in according with the code of standards of the American Association of Nurserymen. Nomenclature shall conform with Standardized Plant Names, 2nd Edition, 1942. Names not present in this listing shall conform to accepted nomenclature in the nursery trade. B. Plant Size: Plant sizes shall be at least equal to the minimum size specified. Any undergrade plants shall be removed and replaced prior to acceptance. C. Container Stock: Container stock shall have been grown in its delivery container for not less than six months, but for not more than two years. Any rootbound material will not be accepted. Container stock shall not be handled by trunks, stems or tops. D. Balled and Burlapped Stock: Balled and burlapped stock shall be dug with firm, natural balls of earth of sufficient diameter and depth to encompass the fibrous and feeding root system necessary for the plant's full recovery. Root balls shall be firmly wrapped with burlap and bound with twine or within accordance with the Standard of the American Association of Nurserymen. 2.04 SOD A. General: Sod shall be grown from fresh, clean, new-crop seed complying with the tolerance for purity and germination established by the Official Seed Analysis of North America. Provide sod of the grass species, proportions and minimum percentages of purity, germination and a minimum percentage of weed seed. B. Sod: Sod shall be equal to a Premium Blend as available from Emerald Turf Grass Farm, Sumner, WA or JB Sod, Redmond, WA. Sod shall be grown on fumigated soil for one year and transported on palettes. Prevent sod from drying out prior to installation. 2.05 OTHER MATERIALS A. Bark Mulch: Shall be fine grade (5/8" minus) Fir bark or approved pp equal. 2.06 DELIVERY AND STORAGE A. Temporary Storage: Plant at once all plant material delivered and accepted. Plants that cannot be planted within one day after delivery shall be "heeled-in" in accordance with accepted horticultural practice. 2002-282aa 02900 PAGE 4 VETERANS MEMORIAL PARK DEVELOPMENT LANDSCAPING SECTION 02900 PART 3 - EXECUTION 3.01 LAWN AREAS A. Preparation: 1. Clean subgrade of all debris and stones larger than two inches. 2. Scarify subgrade to a maximum depth of six inches. 3. Grade subgrade to uniform levels and grades leaving depth specified for topsoil. B. Placing Topsoil: 1. Place uniformly over lawn areas to a depth of 6 inches. 2. Apply lime when the soil Ph is below 7 and spread at a uniform rate of 30 pounds per 1000 square feet. 3. Rototill lawn area to a depth of 8 inches to integrate topsoil and the lime into the subbase. Where space permits, use a tractor mounted three point suspension rotovator (Howard or equal). C. Rake and level lawn area to remove rocks and debris larger than 1-1/2 inches in diameter. D. Sod Preparation 1. After the lawn areas have been brought to level finish grade, apply 10- 20-20 fertilizer at the rate of 30 #/1000 SF. 2. Rototill the fertilizer into the subgrade to a minimum depth of 4 inches. 3. After mixing is completed at cross dimensions; drag to even grade, then roll for firmness to a depth of 1 inch below adjacent grade. E. Sodding: 1. Lay sod on moist topsoil with tight joints and to grade. Use plywood staging to lay sod to insure uniform lawn surface. Stagger sod joints to minimize cross joints. In warm weather, keep sodded areas moist by periodic spraying. 2. Sod shall be installed within 24 hours after cutting at the sod farm. F. Clean Up: Undertake during progress of work and upon completion. Remove cans, surplus materials and any debris resulting from landscape work; planting areas shall be neatly dressed and finished; walks, paved areas, adjacent walls, windows, and all work areas flushed clean. 3.02 PLANTING OPERATIONS A. Preparing Topsoil: Thoroughly mix materials before placement. Do not mix materials in pits, bins, trenches or beds. B. Excavation for Plants: 1. Bare-Root Plants: Pits to be at least 24 inches larger than the maximum spread of the roots with at least 12 inches below the roots of the plant as placed. 2002-282aa 02900 PAGE 5 VETERANS MEMORIAL PARK DEVELOPMENT LANDSCAPING SECTION 02900 2. Balled and Burlapped or Containerized Plants (less than 12 inches in diameter): Pits to be at least 24 inches greater and at least 8 inches deeper than the diameter of the rootball. 3. Balled and Burlapped or Containerized Plants (greater than 12 inches in diameter): Pits to be at least 36 inches greater and at least 12inches deeper than the diameter of the rootball. 4. Groundcovers: Pits to be at least twice the diameter and 6 inches deeper than the container. C. Planting: 1. Place and compact prepared topsoil in the bottom of pit or trench to bring plant in the same relation to and cut or roll back wrapping on balled plants from top sides of ball so that the earth around roots remains unbroken. 2. Fertilize shrubs with one 20-10-15 planting tablet and fertilize trees with two 20-10-15 planting tablets. 3. Set plants plumb and straight. Backfill with 3-way mix around roots and balls, and settle by watering and tamping. Shape surface around isolated plants to a basin shape to hold and retain water. 4. Bring beds to a smooth, even surface that will conform to established grades after full settlement has occurred. 3.03 FINISHING A. Pruning: Remove limbs, branches, canes and runners which require trimming as to leave a clean cut flush with trunk or adjacent stem. Do not prune plants until after site inspection. Paint cuts over 1/2 inch in diameter with an approved asphaltic type tree paint. B. Cultivating: Edge and cultivate trenches and shrub beds to lines and within the areas shown on the drawings. Edge and cultivate area around isolated plants at least 6 inches beyond of pit. C. Mulching: After planting and cultivating has been completed, apply a 2-inch layer of bark mulch to all shrub bed areas. D. Clean Up: Undertake during progress of work and upon completion. Remove cans, surplus materials and any debris resulting from landscape work; planting areas shall be neatly dressed and finished; walks, paved areas, adjacent walls, windows, and all work areas flushed clean. 3.04 MAINTENANCE A. Owner's representatives may assist in watering, but this shall not relieve the Contractor from any contract responsibilities. B. Maintenance of plant material shall run concurrently with the lawn maintenance period or a minimum of 60 calendar days after the planting of the last plant or lawn area. Maintenance includes protection, proper watering, plant pocket berming, pruning, staking, pesticide spraying, fertilizing, plant replacement , reseeding and other necessary functions to bring all plant 2002-282aa 02900 PAGE 6 E VETERANS MEMORIAL PARK DEVELOPMENT LANDSCAPING SECTION 02900 materials to a vigorous and healthy state. Guarantee period is to extend for one full growing year after final inspection and acceptance. Replacements of do a plant will extend the maintenance period as stipulated above. L 1. Lawn: Maintenance of lawn areas to start immediately after seeding and continue through the 2nd mowing, or until the entire landscape project is provisionally accepted. Maintenance includes proper watering, fertilizing, mulching, leaf removal, cutting, rolling, pesticide and fungicide spraying, reseeding and other functions necessary to bring the turf, at final inspection, to a healthy vigorous growing lawn of good expected coverage. Any maintenance period as stipulated. 2. Planting: Planting shall be protected and maintained until final acceptance of all work. Maintenance shall include watering, weeding cultivation, mulching, tightening and repairing of guys, removal of dead material, resetting plants to proper grades or upright position and restoration of the planting saucer, and other necessary operations. 3. Fertilizer: After first cutting of entire lawn area, fertilize with 10-20-20 at the rate of 25 pounds per 1000 square feet. irk 3.05 REPLACEMENT '^' A. p Y Replace an planted trees, shrubs and/or groundcover that are dead or are in am an unhealthy or unsightly condition or have lost their natural shape. B. All necessary replacements shall be identical to original specification unless Architect has approved a substitution in accordance with this specification. Make all replacements before requesting final inspection. 3.06 INSPECTION FOR ACCEPTANCE A. Inspection: Inspection of the planting to determine completion of contract work, exclusive of the possible replacement of plants, will be made by the Architect at the conclusion of the maintenance period upon written notice requesting such inspection submitted by the Contractor at least 5 days prior to the anticipated date. The condition of sod will be noted and determination made by the Architect as to whether maintenance shall continue in any part. B. Acceptance. Aft p After inspection, the Contractor will be notified in writing by the Architect of acceptance of all work of this division, exclusive of the possible replacement of plants subject to guarantee, or if there are any deficiencies of the requirements for completion of the work. Sod maintenance or other work remaining to be done shall be subject to re-inspection before acceptance. C. Acceptance in Part: The work of lawn and planting may be accepted in part by the Architect upon written application by the Contractor, provided this work offered for acceptance comprised all of the work of this division entirely completed, including sod maintenance, but exclusive of the possible replacement of plants, located within a continuous area which is a substantial portion definitely separated from the remainder of the site by roads, walks, fences, other structural barrier, or readily defined topographical features. 2002-282aa 02900 PAGE 7 VETERANS MEMORIAL PARK DEVELOPMENT LANDSCAPING 3.07 PLANT GUARANTEE AND REPLACEMENT SECTION 02900 A. Guarantee: Plants shall be guaranteed for one full growing season after the final inspection and acceptance and shall be alive and in satisfactory growth at the end of that period. The growing season shall be considered the period from April 15 to October 1. B. Replacement: At the end of the guarantee period, inspection will be made ade by the Architect upon written notice requesting such inspection submitted by the Contractor at least 7 days before the anticipated date. Any plant required under this contract that is dead or not in satisfactory growth or is missing, as determined by the Architect, shall be removed from the site, due to the Contractor's negligence. C. Materials and Operations: All replacements shall be plants of the same kind and size as specified in the plant list. They shall be furnished and planted as specified herein. END OF SECTION 2002-282aa 02900 PAGE 8 4 k n r W: a � d x'kh° bt 4 a#IV 9 ei s Y"f'k iY N wt Y� S MI k mot, i 4' i 7: b rc k' 'y K'� ti VETERANS MEMORIAL PARK DEVELOPMENT CONCRETE SECTION 03300 PART 1 -GENERAL 1.01 GENERAL A. Related Documents: The General Conditions and the Special Conditions shall apply to the work specified in this section. B. Description of Work: The work of this section shall include all labor, materials and equipment required to complete the concrete work as shown on the Drawings and as specified herein. C. Work Included: The work of this section shall include, but is not limited to the following: 1. Concrete footings, foundation walls and stem walls; 2. Concrete slabs, including compacted crushed rock base; 3. Concrete flag pole bases. D. Quality Assurance: 1. Codes and Standards: Comply with the provisions of the following codes, specifications and standards, except as otherwise shown or specified: a. ACI 301, "Specifications for Structural Concrete for Buildings" b. ACI 311, "Recommended Practice for Concrete Inspection". C. ACI 318, "Building Code Requirements for Reinforced Concrete". d. ACI 347, "Recommended Practice for Concrete Formwork" e. ACI 304, "Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete" f. Concrete Reinforcing Steel Institute, "Manual of Standard Practice" g. ACI 211, "Standard Practices for Selecting Proportions for Normal, Heavyweight, and Mass Concrete" h. ASTM C-94, "Standard Specification for Ready-Mixed Concrete" 2. In case of conflict between the referenced standards, the more stringent requirements shall govern. 3. Workmanship: The Contractor is responsible for correction of concrete work that does not conform to the specified requirements, including strength, tolerances and finishes. Correct deficient concrete as directed by the Architect. 4. Submittals: a. Submit to the Architect two (2) copies of manufacturer's printed batching and mixing instructions. b. Shop Drawings: Submit five (5) copies of shop drawings for steel reinforcing indicating all critical dimensions for determining fit and placement in the concrete work. All shop drawings must be approved prior to fabrication. 5. Inspection (By Owner): The Owner may engage the services of a testing agency to conduct inspection and testing of the concrete work and its placement to determine its compliance with these Specifications. The Contractor shall cooperate at all times with testing agency and provide required testing samples and access to all necessary areas of the Work. 2002-282aa 03300 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT CONCRETE SECTION 03300 PART 2 - PRODUCTS 2.01 MATERIALS A. Form Materials: 1. Forms: Unless otherwise shown or specified, construct all formwork for exposed concrete surfaces with plywood, metal, metal-framed plywood- faced or other acceptable panel-type materials, to provide continuous straight, smooth, exposed surfaces. Furnish in largest practicable sizes to minimize number of joints. Provide form material with sufficient thickness to withstand pressure of newly placed concrete without bow or deflection. Use overlaid plywood complying with U.S. Product Standard PS-1 "B-B High Density Overlaid Concrete Form," Class I. 2. Form Coatings: Provide commercial formulation form-coating compounds that will not bond with, stain, nor adversely affect concrete surfaces, and will not impair subsequent treatments of concrete surfaces requiring bond or adhesion, nor impede wetting of surfaces to be cured with water or curing compound. B. Reinforcing Materials: 1. Reinforcing Bars: Deformed steel bars, ASTM A615, Grade 60, f,,= 60,000 PSI. Exceptions shall be column"ties, bars to be field bent, and any other bars specifically so noted on the drawings shall be Grade 40, fy= 40,000 psi. 2. Welded Wire Mesh: Welded plain cold-drawn steel wire fabric, ASTM A185. 3. Steel Wire: ASTM A82, Plain cold-drawn steel. 4. Supports for Reinforcement: Provide supports for reinforcement including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing bars in place. Use wire bar type supports complying with CRSI recommendations, unless otherwise specified. Wood, brick and other devices will not be acceptable. C. Concrete Materials: 1. Portland Cement: ASTM C150, Type 1-A, unless otherwise acceptable to the Architect. Use only one brand of cement throughout the project. 2. Aggregates: ASTM C33, and as herein specified. Provide aggregates from a single source. Local aggregates not complying with ASTM C33 but which have been shown by special test or actual service to produce concrete of adequate strength and durability may be used when acceptable to the Architect. 3. Water: Clean, fresh, drinkable. 4. Air-Entraining Admixture: ASTM C260. 5. Superplasticizer: Shall be WRDA 19 Water-Reducing Admixture, complying with ASTM C494, Type A as manufactured by W.R. Grace Concrete Products, or approved equal. Calcium chloride will not be permitted in concrete, unless otherwise authorized in writing by Architect. i 2002-282aa 03300 PAGE 2 VETERANS MEMORIAL PARK DEVELOPMENT CONCRETE SECTION 03300 D. Curing Materials: 1. Liquid Curing and Sealing Compounds: Shall conform to ASTM C309. Curing compounds shall be specifically designed to not inhibit adhesion of various floor finishes. Do not use liquid curing compounds where hardeners/sealers are specified to be used. 2. Sheet Materials: Shall conform to ASTM C171. E. Related Materials: 1. Expansion Joint: Shall be 1/2-inch thick fiber board pre-molded expansion joint with a 3/8-inch bronze metal cap. 2. Compacted Crushed Rock: Shall be crushed surfacing in accordance with Section 9-03.9(3) of the 2002 "Standard Specifications for Road, Bridge and Municipal Construction," prepared by the Washington State Department of Transportation. 3. Concrete Sealer- Interior: Shall be Lapidolith chemical hardener and Penetrating Sealer 20 as manufactured by Sonneborn Building Products Div., or approved equal. F. Proportioning and Design of Mixes: 1. Design mixes to provide concrete with the following properties, as indicated on drawings and schedules: a. Structural Concrete (footings, foundation, floor slabs and walls): Concrete shall attain a 28-day strength of f C= 2,500si and mix shall contain not less than 5-1/2 sacks of cement per cubic yard, nor more than 5-1/2 gallons of water per sack of cement. b. Exterior Concrete (sidewalks and equipment pads): Concrete shall attain a 28 day strength of f = 2,500 psi and mix shall contain not less than 5-1/2 sacks of cement per cubic yard, nor more than 7 gallons of water per sack of cement. 2. Admixtures: a. Use air-entraining admixture in all concrete exposed to weather, unless otherwise shown or specified. Add air-entraining admixture at the manufacturer's prescribed rate to result in concrete at the point of placement having air content within the following limits (± 1 • 5% for 1'/2'to 2'/2' aggregate • 6% for 3/4" to 1" aggregate • 7% for 3/8"to 1/2" aggregate b. Use admixtures for water-reducing and set-control in strict compliance with the manufacturer's directions. Use amounts of admixtures as recommended by the manufacturer for climatic conditions prevailing at the time of placing. Adjust quantities and types of admixtures as required to maintain quality control. 3. Slump Limits: Proportion and design mixes to result in concrete slump at the point of placement for the following limits: • Floor slabs: 3" min., 4" max. • Footings &Walls: 4" min., 5" max. 4. Ready-Mix Concrete: a. Comply with the requirements of ASTM C94, and as herein specified. b. Delete the references for allowing additional water to be added to the batch for material with insufficient slump. Addition of water to the 2002-282aa 03300 PAGE 3 VETERANS MEMORIAL PARK DEVELOPMENT t CONCRETE SECTION 03300 batch will not be permitted. (Additional water may be added at the site if the quantity added is included in the total quantity of water required as a part of the design mix and is approved by the Architect) C. During hot weather or under conditions contributing to rapid setting of concrete, a shorter mixing time than specified in ASTM C94 may be required. PART 3 - EXECUTION 3.01 GENERAL A. Site Conditions: The rough grading for the building pad has been completed by others. The building pad is approximately 10 inches (± 0.83 foot) below finished floor. The Contractor may assume the pad has been placed in accordance with the requirements of these specifications, with the specified structural fill material, and compacted to 95% of the maximum dry density as defined and determined by the American Society of Testing and Materials (ASTM), Designation D-698 (Standard Proctor). B. Preparation: 1. To minimize differential settlement, it is essential that earth surfaces upon which footings or slabs will be placed be compacted to the approval of the Architect and in accordance with the compaction requirements established in Paragraph 3.11 of this section. 2. Verify that all compaction is complete and approved prior to placing compacted crushed rock or excavation for footings. C. Excavation: Excavate to the established lines and grades. Remove all loose soil. Where soft spots are encountered, remove all defective material and replace with lean concrete at no additional cost to the Owner. 3.02 FORMS A. Formwork: 1. Design, erect, support, brace, and maintain formwork to support vertical and lateral loads that might be applied until such loads can be supported by the concrete structure. Construct formwork so concrete members and structures are of correct size, shape, alignment, elevation and position. 2. Design formwork to be readily removable without impact, shock, or damage to cast-in-place concrete surfaces and adjacent materials. 3. Construct forms complying with ACI 347, to sizes, shapes, lines, and dimensions shown, and to obtain accurate alignment, location, grades, level, and plumb work in finished structures. Provide for keyways, recesses, screeds, sleeves, anchorages, inserts, and other features required in work. Use selected materials to obtain required finishes. Solidly butt joints and provide back-up at joints to prevent leakage. 2002-282aa 03300 PAGE 4 VETERANS MEMORIAL PARK DEVELOPMENT CONCRETE SECTION 03300 B. Form Ties: Use factory-fabricated, adjustable-length, removable or snap-off metal form ties, designed to prevent form deflection, and to prevent spalling concrete surfaces upon removal. C. Provisions for Other Trades: Provide openings in concrete formwork to accommodate work of other trades. Determine size and location of openings, recesses and chases from trades providing such ties. Accurately place and securely support items built into forms. D. Cleaning: Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt or other debris just before concrete is placed. 3.03 REINFORCEMENT A. Placing Steel Reinforcement: 1. Comply with the specified codes and standards, and Concrete Reinforcing Steel Institute's details and methods of reinforcement placement and supports, and as herein specified. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials that reduce or destroy bond with concrete. Accurately position, support, and secure reinforcement against displacement by formwork, construction, or concrete placement operations. Locate and support reinforcing by metal chairs, runners, bolsters, spacers, and hangers, as required. Place reinforcement to obtain at least the minimum coverages for concrete protection. Arrange, space and securely tie bars and bar supports to hold reinforcement in position during concrete placement operations. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. Do not place reinforcing bars more than 2 inches beyond the last leg of continuous bar support. Do not use supports as bases for runways for concrete conveying equipment and similar constructions loads. 2. Concrete protection (cover) for reinforcing steel shall be as follows: • Footings and other unformed surfaces, earth face..................3 inches • Formed surfaces in direct contact with earth...........................2 inches • Beams, columns, and surfaces exposed to weather .........1-1/2 inches • Slabs and walls (interior face) ..................................................3/4 inch 3.04 JOINTS A. Construction Joints: Locate and install construction joints, which are not shown on the drawings, so as not to impair the strength and appearance of the structure, as acceptable to the Architect. B. Pre-Molded Control Joints: Shall be "Zip Strip" pre-molded control joints. 3.05 MISCELLANEOUS MATERIALS A. Placing Compacted Crushed Rock: Carefully place and compact the crushed rock in areas to receive concrete slabs on grade, uniformly attaining the thickness indicated on the Drawings, and providing all required transition planes. 2002-282aa 03300 PAGE 5 VETERANS MEMORIAL PARK DEVELOPMENT , CONCRETE SECTION 03300 B. Embedded Metal: Miscellaneous metal to be embedded in concrete shall be placed accurately and held in correct position while the concrete is placed. The surfaces of metalwork in contact with or embedded in concrete shall be thoroughly cleaned of all rust, dirt, grease, loose scale, grout, mortar, and other foreign matter. All metalwork shall have proper fit and shall be job measured where necessary. 3.06 CONCRETE POURING A. Concrete Placement: 1. Pre-Placement Inspection: Before placing concrete, inspect and complete the formwork installation, reinforcing steel, and items to be embedded or cast-in. Thoroughly wet wood forms immediately before placing concrete, . as required where form coatings are not used. 2. General: Comply with ACI 304, and as herein specified. Deposit concrete continuously or in layers of such thickness that no concrete will be placed on concrete that has hardened sufficiently to cause the formation of seams or planes of weakness within the section. If a section cannot be placed continuously, provide construction joints as herein specified. Deposit concrete as nearly as practicable to its final location to avoid segregation due to rehandling or flowing. 3. Placing Concrete in Forms: Deposit concrete in forms in horizontal layers not deeper than 24 inches, and in a manner to avoid inclined construction joints. Where placement consists of several layers, place each layer while preceding layer is still plastic to avoid cold joints. Consolidate placed concrete by mechanical vibrating equipment supplemented by hand- spading, rodding or tamping. Use equipment and procedures for consolidation of concrete in accordance with the recommended practices of ACI 304, to suit the type of concrete and project conditions. Do not use vibrators to transport concrete inside of forms. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than the visible effectiveness of the machine. Place vibrators to rapidly penetrate the placed layer of concrete and at least 6 inches into the preceding layer. Do not insert vibrators into lower layers of concrete that have begun to set. At each insertion, limit the duration of vibration to the time necessary to consolidate the concrete and complete embedment of reinforcement and other embedded items without causing segregation of the mix. 4. Placing Concrete Slabs: Deposit and consolidate concrete slabs in a continuous operation, within the limits of construction joints, until the placing of a panel or section is completed. Consolidate concrete during placing operations so that concrete is thoroughly worked around reinforcement into corners. Bring surface to the correct level with a straightedge and strikeoff. Use bull floats or darbies to smooth the surface, leaving it free of humps or hollows. Do not sprinkle water on the plastic surface. Do not disturb the surfaces prior to beginning finishing operations. Maintain reinforcing in the proper position during concrete placement operations. 5. Cold Weather Placing: Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures, in compliance with ACI 306, and as herein specified. When 2002-282aa 03300 PAGE 6 VETERANS MEMORIAL PARK DEVELOPMENT CONCRETE SECTION 03300 air temperature has fallen to or is expected to fall below 40°F, uniformly heat all water and aggregates before mixing as required to obtain a concrete mixture temperature of not less than 50°, and not more than 80°F at point of placement. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. Do not use calcium chloride, salt and other materials containing antifreeze agents or chemical accelerators, unless otherwise accepted in writing by the Architect. 3.07 FINISHING A. Monolithic Slab Finishes: 1. Non-Slip Broom Finish: Apply non-slip broom finish to exterior sidewalks and ramps. Immediately after trowel finishing, slightly roughen concrete surface by sweeping with fiber bristle broom perpendicular to the circle and traffic route. 2. Exposed Aggregate Finish: After concrete has achieved a compressive strength of 1000 psi, apply scrubbed finish. Wet concrete surfaces thoroughly and scrub with stiff fiber or wire brushes, using water freely, until top mortar surface is removed and aggregate is uniformly exposed. Rinse scrubbed surfaces with clean water. Maintain continuity of finish on each surface or area of work. Remove only enough concrete mortar from surfaces to match design reference sample or mockup. Remove cement matrix to dull surface sheen and expose face of fine aggregate (3/8 inch) with no significant reveal. Expose medium aggregate (7/8 inch) with occasional exposure of coarse aggregate and uniform color with a maximum reveal of 1/16 inch. Finish to expose rock in a uniform pattern. B. Concrete Curing and Protection: 1. General: a. Protect freshly placed concrete from premature drying and excessive cold or hot temperature, and maintain without drying at a relatively constant temperature for a period of time necessary for hydration of cement and proper hardening. Provide protection for freshly placed concrete to prevent acts of vandalism. b. Start initial curing as soon as free water has disappeared from concrete surface after placing and finishing. Weather permitting, keep continuously moist for not less than 72 hours. Begin final curing procedures immediately following initial curing and before concrete has dried. Continue final curing for at least 7 days and in accordance with ACI 301 procedures. Avoid rapid drying at end of final curing period. 2. Curing Methods: Perform curing of concrete by moist curing or moisture- retaining cover, as herein specified. Do not use membrane curing compounds on surfaces. a. Provide moist curing by following methods: 1) Keep concrete surface continuously wet by covering with water. 2) Continuous water-fog spray. 3) Covering concrete surface with specified absorptive cover, thoroughly saturating cover with water and keeping continuously 2002-282aa 03300 PAGE 7 VETERANS MEMORIAL PARK DEVELOPMENT CONCRETE SECTION 03300 wet. Place absorptive cover to provide coverage of concrete surfaces and edges, with 4-inch lap over adjacent absorptive covers. b. Provide moisture-retaining cover curing as follows: 1) Cover concrete surfaces with moisture-retaining cover for curing concrete, placed in widest practicable width with all edges lapped at least 3" and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape. C. Unformed Surfaces: Initially cure unformed surfaces, such as slabs, by moist curing. Final cure unformed surfaces, unless otherwise specified, by methods specified above, as applicable. 3.08 REMOVAL OF FORMS A. Removal of Forms: 1. Formwork for foundation walls may be removed after cumulatively curing at not less than 50°F, for 24 hours after placing concrete, provided concrete is sufficiently hard so it will not be damaged by form removal operations, and provided that curing and protection operations are maintained. B. Reuse of Forms 1. Clean and repair surfaces of forms to be reused in the work. Split, frayed, delaminated or otherwise damaged form-facing material will not be acceptable. Apply new form coating compound material to concrete contact form surfaces as specified for new formwork. 2. When forms are extended for successive concrete placement thoroughly clean surfaces, remove fins and laitance, and tighten forms to close joints. Align and secure joints to avoid offsets. 3.09 CONCRETE REPAIR A. Miscellaneous Concrete Items: 1. Filling In: Fill in holes and openings left in concrete structures for passage of work by other trades, unless otherwise shown or directed, after work of other trades is in place. Mix, place, and cure concrete, as herein specified, to blend with in-place construction. Provide other miscellaneous concrete filling shown or required to complete the work. B. Concrete Surface Repairs: 1. Patching Defective Areas a. Repair and patch defective areas with cement mortar immediately after removal of forms, but only when acceptable to Architect. b. Cut honeycomb, rock pockets, and voids over 1/2 inch in diameter, and holes left by tie rods and bolts, down to solid concrete, but in no case to a depth of less than 1 inch. Make edges of cuts perpendicular to the concrete surface. Before placing cement mortar, thoroughly clean, dampen with water, and brush-coat the area to be patched with neat cement grout. 2002-282aa 03300 PAGE 8 VETERANS MEMORIAL PARK DEVELOPMENT CONCRETE SECTION 03300 2. Repair of Unformed Surfaces: a. Test unformed surfaces, such as monolithic slabs, for smoothness and to verify surface plane to tolerances specified for each surface and finish. Correct low and high areas as herein specified. Test unformed surfaces sloped to drain for trueness of slope, in addition to smoothness, using a template having required slope. b. Repair finished unformed surfaces that contain defects which -adversely affect durability of concrete. Surface defects, as such, include crazing, cracks in excess of 0.01 inch wide or which penetrate to reinforcement, spalling, pop-outs, honeycomb, rock pockets, and other objectionable conditions. C. Correct high areas in unformed surfaces by grinding, after concrete has cured at least 14 days. Correct low areas in unformed surfaces during, or immediately after completion of surface finishing operations by cutting out low areas and replacing with fresh concrete. Finish repaired areas to blend into adjacent concrete. d. Proprietary patching compounds may be used when acceptable to Architect. E e. Repair defective areas, except random cracks and single holes not exceeding 1 inch in diameter, by cutting out and replacing with fresh concrete. Remove defective areas to sound concrete with clean, square cuts and expose reinforcing steel with at least 3/4-inch clearance all around. Dampen concrete surfaces in contact with patching concrete bonding agent. Place patching concrete before grout takes its initial set. Mix patching concrete of same materials to provide concrete of the same type or class as original concrete. Place, compact, and finish to blend with adjacent finished concrete. Cure in the same manner as adjacent concrete. E6 f. Repair isolated random cracks and single holes not over 1 inch in diameter by dry-pack method. Groove top of cracks and cut-out holes to sound concrete and clean off dust, dirt and loose particles. Dampen cleaned concrete surfaces and brush with neat cement grout coating. Place dry-pack before cement grout takes its initial set. Mix dry-pack, consisting of one part Portland Cement to 2-1/2 parts fine aggregate (passing a No. 16 mesh sieve) using only enough water as required for handling and placing. Compact dry-pack mixture in place and finish to match adjacent concrete. Keep patched areas continuously moist for not less than 72 hours. Repair methods not specified above may be used subject to acceptance of the Architect. 3.10 SEALING OF CONCRETE A. Exterior: Seal exterior exposed concrete slabs with sealer in strict accordance with Manufacturer's recommendations. 3.11 BACKFILLING AND COMPACTION A. Backfilling: 1. In all excavations, use satisfactory excavated or borrowed material that has been sampled, tested and approved. Place backfill and fill materials in 2002-282aa 03300 PAGE 9 L VETERANS MEMORIAL PARK DEVELOPMENT CONCRETE SECTION 03300 layers not more than 8 inches in loose depth for material compacted by heavy compaction equipment and not more than 4 inches in loose depth for material compacted by hand operated tampers. 2. Place backfill and fill materials evenly adjacent to structures, to the required elevations. Take care to prevent wedging action of the backfill against structures by carrying the material uniformly along the structure to approximately the same elevation in each lift. B. Compaction: Compact each layer of backfill and structural fill material at 95% maximum dry density in accordance with ASTM D1557. END OF SECTION 2002-282aa 03300 PAGE 10 777 .x sm a ,sky �z c" 1i m. F s Y . t LEV , �DIV rA "' .mom M1 x f ; r k w ,. VETERANS MEMORIAL PARK DEVELOPMENT ELECTRICAL SECTION 16050 PART 1 - GENERAL 1.01 GENERAL A. Related Documents: The General Conditions and the Special Conditions shall apply to the work specified in this section. B. Description of Work: The work of this section shall include all labor, materials, equipment and appliances required to complete the electrical work as indicated on the drawings and as specified herein. C. Materials and Equipment: Materials and equipment shall be new and of the best quality used for the purpose in good commercial practice. D. U.L. Approval: All material and equipment within the scope of the U.L. Re- examination Service shall be approved by the Underwriters' Laboratories for the purpose for which they are used and shall bear their label. E. Storage: All material and equipment shall be stored in a manner so as to prevent damage or corrosion. PART 2 - PRODUCTS 2.01 MATERIALS A. Raceways and Fittings: 1. Galvanized Rigid Steel Conduit (GRC): Hot dip galvanized after thread cutting. Manufacture in conformance with Federal Specification WWC-581 (latest revision) and ANSI Specification C80.1. 2. Intermediate Metal Conduit (IMC): Hot dip galvanized after thread cutting. Manufacture in conformance with Federal Specification WWC-581 (latest revision) and ANSI Specification C80.1. 3. Electrical Metallic Tubing (EMT): Hot dip galvanized and chromate coated. Manufacture in conformance with Federal Specification WWC-563 (latest revision) and ANSI Specification C80.3. 4. Flexible Conduit: Reduced wall flexible steel conduit. Hot dip galvanized. Manufacture in conformance with Federal Specification WWC-566 5. Flexible Metal Conduit (wet locations): Shall be liquid tight flexible metal conduit. 6. Union Joints in Rigid Conduit: Running threads will definitely not be allowed. 7. Fittings for all Raceways: Made especially for the purpose used, of the same material and finish as that of the raceway. 8. Device and Outlet Boxes, in General: Shall be galvanized steel, with single or multiple device flush ring as required for finish involved. Minimum size shall be 4-inch square, 1-1/2 inches deep unless specified otherwise, but depth shall be as necessary to accommodate conduits, conductors and devices per code. 2002-282aa 16050 PAGE 1 VETERANS MEMORIAL PARK DEVELOPMENT ELECTRICAL SECTION 16050 B. 600 -Volt Conductors and Connections: 1. 600 -Volt Conductors: Minimum size shall be No. 12 AWG unless noted otherwise. Insulation shall be 600V type THW or THHN for all wiring. 2. Splices: Splices shall not be permitted between boxes. 3. Solderless Connectors: Minnesota Mining & Mfg. Co. "Scotchlok," Thomas & Betts or approved equal. No. 6 AWG and larger shall use Burndy, Penn Union, O-Z, or approved equal. Insulate with heat shrink cap. 4. Cable ties: Cable ties shall be Thomas & Betts "Ty-Rap", or equal. Provide in all panelboards, switchboards, wireways, relay panels and other enclosures where conductors should be neatly grouped and laced. C. Wiring Devices: 1. Scope: Provide all wiring devices. 2. Color of Switch Handles and Receptacle Faces: Color shall be ivory, for devices. 3. Switches: Switches shall be specification grade, 15-amp, single-pole, 3- way or 4-way as required with handle set vertically. Mount at 48 inches above floor, unless noted otherwise. 4. Duplex Receptacles (Non-Weatherproof): Duplex receptacles shall be specification grade device, rated at 15-amp, 125 volt, grounded type. Units shall be mounted vertically at 12 inches above floor, unless noted otherwise. 5. Weatherproof Receptacles: Shall be duplex receptacles mounted in a metal weather proof box. Face plate shall have individual, spring loaded doors. Receptacle shall be mounted so that doors open upward. Receptacle shall be a GFI type. D. Device Plates: 1. Scope: Provide plate for each wiring device, for each signal or communication outlet. 2. Device Plates on Flush Devices, in General: Plastic by Leviton, or approved equal. 3. Plates on Concealed Wiring in Unfinished Areas: Mechanical rooms shall be galvanized pressed steel. 4. Plates on Exposed Wiring: Metal, of the same manufacturer as the conduit fittings; specifically suited for device and fittings used. E. Grounding: 1. Scope: Provide a grounding system complying with the codes and ordinances specified. Grounding connections shall be provided for the following: a. Distribution panelboards and panelboard ground buses. b. All conduit or other raceways. c. All motors. d. All lighting fixtures. e. Grounding terminals of all receptacles. f. Miscellaneous grounds required by Code. 2. Ground R: "Copperweld," 3/4-inch diameter, 10 feet long. 3. Size of Ground Wire: In all cases, shall not be less than that required under National Electric Code requirements. 2002-282aa 16050 PAGE 2 ii VETERANS MEMORIAL PARK DEVELOPMENT ELECTRICAL IF SECTION 16050 4. Ground Jumper: Provide a ground conductor in all flexible conduit. PART 3 - EXECUTION MP 3.01 GENERAL A. Installation of Raceways: 1. General: The installation of all raceways shall be done in a neat manner, concealed wherever possible. All empty conduits shall have nylon pull wires. 2. Description: The work shall include the entire electrical wiring systems for the building, including lighting, and power. 3. Raceways Types: a. Rigid steel conduit: Rigid steel conduit may be used for all interior wiring in masonry, in wet areas where installed exposed, and for main service feeders, except as noted or specified otherwise. b. Electrical Metallic Tubing: Electrical metallic tubing shall be used for wiring in masonry or stud construction, in furred ceilings, and crawl spaces. C. Rigid Plastic Conduit: Embedded conduits may be PVC. Rigid galvanized steel conduit shall be coupled at the Stubups so that the RGS is embedded at least 18 inches. A ground conductor, sized per code for the application, shall be provided in all rigid PVC raceway. 4. Installation: a. Neatness: The layout of all raceways shall be carefully planned by the Contractor to insure an installation that is neatly done and workmanlike. Any work showing improper care in planning will be ordered removed by the Architect and shall be replaced in a neat and proper manner at no additional cost to the Owner. b. Installation of Wiring in Frame Construction: Drilling or cutting of structural members shall not be permitted. C. Sealing of Raceways: All conduit which passes through building roof, or through outside walls of building, shall be sealed on the end inside the building using a pliable duct-sealing mastic, non-hardening compound packed around the wire in the conduit. Compound shall be a type specifically designed for such service on electrical wiring systems. B. Installation of Outlet Boxes and Devices: 1. Boxes: Boxes shall be supported securely and independently. Mount boxes on building surfaces or support with Trapeze hangers. Junction boxes shall not be used unless the number of bends in the associated raceway, pulling length, or circuit requires. Boxes shall be located so as to be accessible. 2. Height of Devices: Mounting height to top of devices shall be as follows; set vertical unless noted otherwise: a. Switches in general: 48 inches vs 2002-282aa 16050 PAGE 3 VETERANS MEMORIAL PARK DEVELOPMENT ELECTRICAL SECTION 16050 b. Receptacles in general: 12 inches Weatherproof: 16 inches horizontal C. Special mounting heights as noted on the drawings. 3. Adjacent Outlets: Where outlets are shown adjacent to each other at the same mounting height, they shall be installed under a common device plate, except when outlets are of difference voltages, such as telephone and duplex receptacles. 4. Installation of Devices: Devices shall be securely fastened to outlet boxes with face flush with plate. Device plates shall be plumb, and where located adjacent to the other, shall be exactly the same height. 5. Outlet Locations: Before installing outlets, contractors shall check architectural details, door swings, metal enclosures, ducts, pipes and other mechanical equipment. The location of outlets centered on any architectural feature shall be exact. 6. Exterior Wall Outlets: Conduit shall not enter the bottom of exterior wall outlet boxes. Conduits shall enter the side and top only. 7. Attachment Devices: Attachment shall be provided for mounting outlet boxes in metal stud wall construction; shall be same material as boxes. All boxes shall be rigidly secured in proper location. C. Wiring 600 -Volt or Less: 1. Scope: Provide all required wiring for complete electrical work. 2. Branch Circuit Wiring: No. 12 Minimum unless noted otherwise. 3. System of Wiring: a. 208-Volt, 3-phase, 4-wire b. Color coding to be approved by the Electrical Inspector D. Power Wiring 600 -Volt or Less: 1. Scope: Provide power wiring including service to each power unit, line voltage control wiring and low voltage control wiring as required. 2. Equipment Connections: Mechanical Subcontractor shall provide motors, equipment and any special control equipment as described in these specifications. Electrical Subcontractor shall verify equipment nameplate data and wiring requirements, and connect all equipment requiring electrical connections. After connecting, equipment shall be tested for proper operation. 3. Control Wiring and Components: Electrical Subcontractor shall provide all control wiring, except that provided by Mechanical Subcontractor. Electrical Subcontractor shall obtain from the Mechanical Subcontractor complete wiring details and shall wire components in accordance with diagrams. E. Sound Control: Unless specifically detailed otherwise on the drawings, outlet boxes mounted in a common wall facing into different areas, shall be offset, separated by a stud and connected only with flexible conduit, a minimum of 24" in length. 2002-282aa 16050 PAGE 4 VETERANS MEMORIAL PARK DEVELOPMENT ELECTRICAL SECTION 16050 F. Tests and Test Records: 1. Provide all instrumentation and labor, and conduct all tests recommended by the equipment manufacturers, tests required by codes or laws, and all further tests required by the Architect. Record all test data and provide copies to Architect. Obtain signed receipt. 2. Witnessing Tests: Test each electrical system in the presence of the Architect to demonstrate the system operation. 3. Test Equipment Data Records: Provide a typewritten record of all test results. Deliver two copies to the Architect. END OF SECTION a 2002-282aa 16050 PAGE 5