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I • •CAG-03--173 . 1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year of-2M 2001] THIS DOCUMENT HAS IMPORTANT LEGAL AGREE CONSEQUENCES.CONSULTATION WITH (In words,indicate day,month and year) AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR BETWEEN the Owner: MODIFICATION.AUTHENTICATION OF (Name,address and other information) THIS ELECTRONICALLY DRAFTED AIA City of Renton DOCUMENT MAY BE MADE BY USING AIA Community Services Department DOCUMENT MI. 1055 S. Grady Way AIA Document A201-1997,General Renton, WA 98055 Conditions of the Contract for construction,is adopted in this document and the Contractor: by reference.Do not use with other (Name,address and otherinformation) general conditions unless this document is Advanced Construction modified. 14532 N. Creek Dr. Suite 618 Mill Creek,WA 98012 This document has been approved and endorsed by The Associated General The Project is: Contractors of America. (Name and location) Kiwanis Park Improvement Project 815 Union Avenue NE Renton. WA 98056 The Architect is: (Name,address and other information) Edlund Associates 15005 SE 171st-P.O. Box 58099 Renton,WA 98058 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 f. - entire and integrated agreement between the parties hereto and supersedes prior negotiations, �= representations or agreements, either written or oral. An enumeration of the Contract Documents,other than Modifications,appears in Article 8. 01997 AIA® AIA DOCUMENT A101-1997 ARTICLE 2 THE WORK OF THIS CONTRACT OWNER-CONTRACTOR AGREEMENT execute the Work described in the Contract Documents, except to for shall full . . The Contractor the extent specifically indicated in the Contract Documents to be the responsibility of others. The American Institute of Architects pe Y 1735 New York Avenue,N.W. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION Washington,D.C.20006-5292 1915, 1918, 1925, 1937, 1951, 1958, 19 1, 1963,1967, 1974, 1977, 1987,0 1997 by The American Institute d 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.expiration as noted below. User Document: 2003-266AA CONTRACT-ADVANCED CONSTRUCTION.AIA — 12124/2003. AIA License Number 1008538, which expires on 5/20/2004. 1 3.1 The date of commencemen f the Work shall be the date of this Agreement less a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date ofcommencement ifit differs from the date ofthis Agreement or,ifapplicable,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: THIS DOCUMENT HAS IMPORTANT LEGAL 3.2 The Contract Time shall be measured from the date of commencement. CONSEOUENCES.CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH Completion of the entire Work not later than RESPECT ITS COMPLETION OR 3.3 The Contractor shall achieve Substantial Com P MODIFICATION.AUTHENTICATION OF days from the date of commencement,or as follows: THIS ELECTRONICALLY DRAFTED AIA (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of DOCUMENT MAY BE MADE BY USING AIA commencement. Unless stated elsewhere in the Contract Documents,insert any requirements for earlier Substantial DOCUMENT D401. Completion ofcertain portions ofthe Work.) All work to be completed by March 5.2eN. z004y AIA Document A201-1997,General Conditions of the Contract for subject to adjustments of this Contract Time as provided in the Contract Documents. Construction,is adopted in this document (Insert provisions,if any,for liquidated damages relating to failure to complete on time or for bonus payments for by reference.Do not use with other early completion ofthe Work.) 8eneral conditions unless this document is For each calendar day after date established by the above allowed time that any modified. portion of the work remains incomplete and any portion of the building that remains unavailable for occupancy_(in the Owner's sole judgment). the Sum of Two Hundred This document has been approved and ($200.00) Dollars, not to be construed in any sense a penalty, but as fixed, agreed, endorsed by The Associated General liquidated damages occurred by the Owner for failure of the Contractor to meet the Contractors of America. schedule completion dates. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractors performance of the Contract.The Contract Sum shall be One Hundred Twelve Thousand, Five Hundred Ninety-Six Dollars and No Cents($ 112.596.00 ), subject to additions and deductions as provided in the Contract Documents. 4.4 The Gentme is based upen the fellowing altemates,if deser-ibed- (State the numbers or otheridentification ofaccepted alternates Ifdecisions on other alternates are to be made by the 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 Uftk pFkes,if any,are as fekws.: A ARTICLE 5 PAYMENTS It• 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor 01997 AIA® and Certificates for Payment issued by the Architect,the Owner shall make progress payments AIA DOCUMENT AIOI-1997 on account of the Contract Sum to the Contractor as provided below and elsewhere in the OWNER-CONTRACTOR AGREEMENT Contract Documents. The American Institute of Architects 1735 New York Avenue,N.W. 5.1.2 The period covered by each Application for Payment shall be one calendar month Washington,D.C.20006-5292 ending on the last day of the month,or as follows: 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, ® 1 97 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. expiration as noted below. User Document: 2003-266AA CONTRACT-ADVANCED CONSTRUCTION.AIA — 12/24/2003. AIA License Number 1008538, which expires on 5/2012004. 2 5.1.3 Pr-evided at-an •-fey PaymeRt4s reeeived 4he Aei 13et•tha - the menth.if an ApplicatieR for-Payment is received by the A—hiteet after-the applicatieR dale tice Kabove,-went:-shall-be-made-by 4he -net-hater-dian--days-aA f 4he A r-Ta Ciis pr--4- meeives keApplieatien Rt.--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 THIS DOCUMENT HAS IMPORTANT LEGAL payment date. CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH 5.1.4 Each Application for Payment shall be based on the most recent schedule of values RESPECT TO ITS COMPLETION OR submitted by the Contractor in accordance with the Contract Documents. The schedule of MODIFICATION.AUTHENTICATION OF values shall allocate the entire Contract Sum among the various portions of the Work. The THIS ELECTRONICALLY DRAFTED AIA schedule of values shall be prepared in such form and supported by such data to substantiate its DOCUMENT MAY BE MADE BY USING AIA accuracy as the Architect may require. This schedule,unless objected to by the Architect,shall DOCUMENT D407. be used as a basis for reviewing the Contractor's Applications for Payment. AIA Document AXI-7997,General Conditions of the contract for 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion Construction,is adopted in this document of the Work as of the end of the period covered by the Application for Payment. by reference.Do not use with other general conditions unless this document is 5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress modified. payment shall be computed as follows: This document has been approved and 1 Take that portion of the Contract Sum properly allocable to completed Work as endorsed by The Associated General P P P y P determined by multiplying the percentage completion of each portion of the Work by Contractors of America. the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of Five percent( 5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document Ami-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°/a); .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 A2oi-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 51.6 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 �f=" shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and (Subparagraph y.15 ofAM Document A2w-ly3v requires release of applicable retainage upon Substantial 01997 AIA® Completion of Work with consent ofsurety,ifany.) AIA DOCUMENT AIOI-1997 OWNER-CONTRACTOR AGREEMENT .2 Add,if final completion of the Work is thereafter materially delayed through no fault The of the Contractor, any additional amounts payable in accordance with Subparagraph 35 New lYork Avenue,N.W�hitects 9.10.3 of AIA Document Ami-1997. Washington,D.C.20006-5292 5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work,to reduce or limit the retainage resulting from the percentages inserted in Clauses 51.61 and 51.62 above, and this is not explained elsewhere in the Contract Documents,insert here provisions forsuch reduction orhmitation.) O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,0 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.expiration as noted below. User Document: 2003-266AA CONTRACT-ADVANCED CONSTRUCTION.AIA -- 12/24/2003. AIA License Number 1008538, which expires on 5/20/2004. Retain age shall be five percent 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 made by the Owner to the Contractor when: THIS DOCUMENT HAS IMPORTANT LEGAL 1 the Contractor has fully performed the Contract except for the Contractor's CONSEOUENCES.CONSULTATION WITH responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document AN ATTORNEY IS ENCOURAGED WITH A2oi-1997, and to satisfy other requirements, if any, which extend beyond final RESPECT TO ITS COMPLETION OR payment;and MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA .2 a final Certificate for Payment has been issued b the Architect. DOCUMENT MAY BE MADE BY USING AIA � y DOCUMENT D401. 5.2.2 The Owner's final payment to the Contractor shall be made no later than 3o days after AIA Document Apt-1997,General the issuance of the Architect's final Certificate for Payment,or as follows: Conditions of the Contract for Construction,is adopted in this document ARTICLE 6 TERMINATION OR SUSPENSION by reference.Do not use with other 6.1 The Contract may be terminated by the Owner or the Contractor as provided in 8eneral conditions unless this document is Article 14 of AIA Document A2oi-1997. modified. This document has been approved and 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document endorsed by The Associated General A2oi-1997. Contractors of America. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A2oi-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofmterest agreed upon,ifany.) Usurylaws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places ofbusiness,the location ofthe Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions ormodi6cations, and also regarding requirements such as written disclosures or waivers.) 7.3 The Owner's representative is: (Name,address and other information) Jon Jainaa. CIP Coordinator Community Services Department 1055 S. Grady Way �s+ r■ti" Renton.WA 98055 425-430-6600 01997 AIA® 7.4 The Contractors representative is: AIA DOCUMENT A10 P OWNER-CONTRACTOR AGREEMENT (Name,address and other information) A.J. Smith The American Institute of Architects Advanced Construction. Inc. 1735 New York Avenue,N.W. 14532 N. Creek Dr., Suite 618 Washington,D.C.20006-5292 Mill Creek. WA 98012 425-754-5493 fax) LIZ S-3,5-Y 80'1�! 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. expiration as noted below. User Document: 2003-266AA CONTRACT-ADVANCED CONSTRUCTION.AIA — 12/24/2003. AIA License Number 1008538, which expires on 5/20/2004. 4 ID#ADVANC1973KE 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS THIS DOCUMENT HAS IMPORTANT LEGAL 8.1 The Contract Documents, except for Modifications issued after execution of this CONSEQUENCES.CONSULTATION WITH Agreement,are enumerated as follows: AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement MODIFICATION.AUTHENTICATION OF Between Owner and Contractor,AIA Document A1o1-1997. THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the DOCUMENT MI. Contract for Construction,AIA Document A2o1-1997. AIA Document A201-1997,General Conditions of the Contract for 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Construction,is adopted in this document Project Manual dated November 12. 2003,and are as follows: by reference.Do not use with other general conditions unless this document is Document Title Pages modified. Section 01010 Summary of Work and Sequence 1 This document has been approved and Section 01015 Special Provisions 7 endorsed by The Associated General Section 01027 Application for Payment 1 Contractors of America. Section 01028 Change Orders 3 Section 01060 Regulatory Requirements 1 Section 01340 Shop Drawings, Product Data &Samples 1 Section 01400 Quality Control 1 Section 01430 Inspections&Tests 2 Section 01500 Construction Facilities. Utilities. and Temp Controls 3 Section 01570 Traffic Regulation 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 orrefer to an exhibit attached to this Agreement.) Section Title Pages 02050 Site Demolition 3 , 02511 Asphalt Paving 6 02520 Concrete Curbs. Gutters and Sidewalks 6 02810 Irrigation 16 02900 Landsca in 15 01997 AIA® � g AIA DOCUMENT A701-1997 OWNER-CONTRACTOR AGREEMENT 8.1.5 The Drawings are as follows,and are dated unless a different date is shown below: The American Institute of Architects (Eitherbst the Drawings here orreferto an exhibit attached to this Agreement) 1735 New York Avenue,N.W. Washington,D.C.20006-5292 Number Title Date L1 Planting Plan October 24. 2003 m 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. expiration as noted below. User Document: 2003-266AA CONTRACT-ADVANCED CONSTRUCTION.AIA — 12/24/2003. AIA License Number 1008538, which expires on 5/2012004. 5 i L2 Layd& October 24 20 L3 Gra . October 24,20 L4 Irrigation October 24, 2003 L5 Demo October 24. 2003 L6 Details October 24._2003 8.1.6 The Addenda,if any,are as follows: Number Date Pages THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH NONE AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR Portions of Addenda relating to bidding requirements are not part of the Contract Documents MODIFICATION.AUTHENTICATION OF unless the bidding requirements are also enumerated in this Article 8. THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 8.1.7 Other documents,if any,forming part of the Contract Documents are as follows: DOCUMENT MI. (List here any additional documents that are intended to form part of the Contract Documents AIA Document A2or- AIA Document A201 1997,General ryy7 provides that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample forts and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They Conditions of the Contract for should be listed here onlyifintended to be part ofthe Contract Documents) Construction,is adopted in this document by reference.Do not use with other general conditions unless this document is This Agreement is entered into as of the day and year first written above and is executed in at modified. least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract,and the remainder to the Owner. This document has been approved and �f� endorsed by The Associated General / O�_'"", � Contractors of America. fy�1 OWNER (rgnature) C 0 N T RAM h (signature) Kathy Keolker-Wheeler 3e®ee- , Mayor As-'s� (printed name and title) (Printed name and title) ATTEST Bonnie Walton, City Clerk f. ,. 01997 AIA® AIA DOCUMENT AIOI-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue,N.W. Washington,D.C.20006-5292 © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,0 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. expiration as noted below. User Document: 2003-266AA CONTRACT-ADVANCED CONSTRUCTION.AIA -- 12/24/2003. AIA License Number 1008538, which expires on 5/20/2004. 6 1 _ s1 3 C/�G-03 17.3 PROJECT MANUAL i for KIWANIS PARK IMPROVEMENT PROJECT 815 Union Avenue North iRenton, Washington � i 1 i O wner: CITY OF RE N TON COMMUNITY SERVICES ADMIN 1055 South Grady Way Renton, WA 98055 Jon Jainga, CIP Coordinator Ph: 425 430 6602 Fx: 425 430 6603 Date: November 12, 2003 I t PROJECT MANUAL for the i Kiwanis Park Improvement Project 815 Union Avenue North RENTON, WASHINGTON 98055 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: Edlund Associates 15005 SE 171st P.O. Box 58099 Renton, WA 98058 425-255-5726 425-255-4270 (Fax) Date: November 12, 2003 iKIWANIS PARK IMPROVEMENT PROJECT 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 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........................................................................48 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 02050 Site Demolition.........................................................................................................3 02511 Asphalt Paving.........................................................................................................6 02520 Concrete Curbs, Gutters and Sidewalks..................................................................2 02810 Irrigation ................................................................................................................ 16 02900 Landscaping .......................................................................................................... 15 2003-238aa TABLE OF CONTENTS PAGE 1 r i i a I BIDDING REQUIREMENTS, � CONTRACT FORMS, AND ' CONDITIONS OF THE CONTRACT 1 DIVISION 0 i 1 KIWANIS PARK IMPROVEMENT PROJECT SYNOPSIS OF BIDDING INFORMATION SECTION 00020 1. PROJECT: KIWANIS PARK IMPROVEMENT PROJECT 815 Union Avenue North 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 i4. BIDS DUE: Friday, November 21, 2003 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 Wednesday, November 12, 2003 Pre-Bid Site Walk-Thru Monday November 17, 2003 1:00 pm Bids Due by 2:30 PM Friday, November 21, 2003 Commence Construction Work December 15, 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. 2003-238aa 00020 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT t 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. CERTIFICATE OF INSURANCE: City of Renton requirements 10. WAGES: Pay state promulgated prevailing wages rates. 11. TYPE OF CONTRACT: Single lump-sum contract encompassing all work. END OF SECTION 1 ' 1 1 2003 238aa 00020 PAGE 2 KIWANIS PARK IMPROVEMENT PROJECT INVITATION TO BID 1 SECTION 00030 CITY OF RENTON 1 COMMUNITY SERVICES ADMINISTRATION KIWANIS PARK IMPROVEMENT PROJECT You are invited to submit a sealed bid for the work associated with the Kiwanis Park Improvement Project, 815 Union Avenue North, 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., Friday, November 21, 2003. 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. A single contract bid Work of this_ contract-includes site demolition of an existing parking lot, earthwork, grading, drainage, electrical, irrigation modifications and installation, asphalt/concrete construction of new pathway, landscaping, planting and sod installation 1 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 range is $110,000—$120,000, including tax. The City's fair practices/non-discrimination policies and State Prevailing Wage Rates apply to this project. Bid documents will be available Wednesday, November 12, 2003 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 17, 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. 2002-238aa 00030 PAGE 1 iKIWANIS PARK IMPROVEMENT PROJECT CALL FOR BIDS SECTION 00040 CALL FOR BIDS KIWANIS PARK IMPROVEMENT PROJECT RENTON,WASHINGTON Sealed bids for the Kiwanis Park Improvement Project will be received at the Office of the City Clerk, Renton City Hall, 7 Floor, 1055 South Grady Way, Renton, Washington 98055, until 2:30 p.m. November 216, 2003. 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 of an existing parking lot, earthwork, grading, drainage, electrical, irrigation modifications and installation, asphalt/concrete construction of new pathway, landscaping, planting and sod installation, construction of a new wooden rail system, and installation of new bollards. 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 WA 98055 Ph: 425 430 6600 beginning Wednesday, November 12 Grady Way, Renton, ( ) a a y, 2003. 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 17, 2003, at 1:00 p.m. at the site. Kiwanis Park is located at 815 Union Ave N. Renton, WA. Each bidder is fully responsible for familiarizing himself with the work and the site conditions. jA 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 bids 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: "Kiwanis Park Improvement Project." Bonnie Walton City Clerk To be published in: Daily Journal of Commerce November 7 and 14, 2003 END OF SECTION 2003-238aa 00040 PAGE 1 rKIWANIS PARK IMPROVEMENT PROJECT 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 of Base Bid and Additive Alternative#1 and Additive Alternative#2. 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.. 6. Certificate of Insurane—City of Renton requirements END OF SECTION I ' 2003-238aa 00110 1 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT INSTRUCTIONS TO BIDDERS ISECTION 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. 1 B. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 3. ADDENDA AND INTERPRETATIONS 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. 2003-238aa 00200 PAGE 1 I KIWANIS PARK IMPROVEMENT PROJECT r 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 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: "Kiwanis Park Improvement Project-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, 7t' Floor. Bids will be received until 2:30 pm, Friday, November 21, 2003. D. No telegraphic or fax modifications will be allowed. , 7. OPENING OF BIDS Bids shall be ublicl opened and an abstract of the Bids made available to the Bidders. P Y P 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. 2003-238aa 00200 PAGE 2 KIWANIS PARK IMPROVEMENT PROJECT 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) i • 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 Q G S 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. i 1 2003-238aa 00200 PAGE 3 KIWANIS PARK IMPROVEMENT PROJECT 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 i 2003-238aa 00200 PAGE 4 KIWANIS PARK IMPROVEMENT PROJECT BID FORM ' SECTION 00310 FORM OF PROPOSAL ( BID ) for the i KIWANIS PARK IMPROVEMENT PROJECT 815 Union Avenue North Renton, Washington Bids Due: 2:30 P.M. Friday, November 21, 2003. 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 "Kiwanis Park Improvement Project," 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 i 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 i 2003-238aa 00310 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT 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: #1 #2 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. 2003-238aa 00310 PAGE 2 KIWANIS PARK IMPROVEMENT PROJECT 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. jThe 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. I 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." 2003-238aa 00310 PAGE 3 KIWANIS PARK IMPROVEMENT PROJECT BID FORM SECTION 00310 1. 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 9 P and comply with all requirements of the Contract Documents. Date Signature Signed Printed Title , E . 2003-238aa 00310 PAGE 4 ' KIWANIS PARK IMPROVEMENT PROJECT 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). 6. Certificate of Insurance—City of Renton requirements tEND OF BID FORM 1 2003-238aa 00310 PAGE 5 _ J ' KIWANIS PARK IMPROVEMENT PROJECT NON-COLLUSION AFFADAVIT/MINIMUM WAGE FORM ' SECTION 00400 NON-COLLUSION AFFIDAVIT I 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: KIWANIS PARK IMPROVEMENT PROJECT Name of Bidders Firm Signature of Authorized Representative of Bidder Subscribed and sworn to before me on this day of 2003. Notary Public in and for the State of Washington Residing at: END OF SECTION 2003-238aa 00400 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT STATEMENT OF BIDDER'S QUALIFICATIONS SECTION 00420 it STATEMENT OF BIDDERS QUALIFICATIONS jName of Contractor........................................................................................................................................... 1 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: .......................................................................... 1 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 .................................... ....................................... ................................ ................. ................... .................................... ....................................... ................................ ................. ................... .................................... ....................................... ................................ ................. ................... .................................... ....................................... ................................ ................. ................... 2003-238aa 00420 ' PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT 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: ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... i ........................................................................................................................................................... ........................................................................................................................................................... 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: .............................................................................................................................. ........................................................................................................................................................... ........................................................................................................................................................... Dispositionof 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 2003-238aa 00420 , PAGE 2 KIWANIS PARK IMPROVEMENT PROJECT BID BOND FORM 1 SECTION 00500 ' Herewith find deposit in the form of a certified check, cashier's check, cash, or bid bond in the amount of$ , which amount is not less than five percent of the total bid. Sign here: Know All Men by These Presents: That we, as Principal, and as Surety, are held and firmly bound until the City of Renton, as Obligee, in the penal 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 an award to the Principal 9 Y P 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 2003-238aa 00500 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT 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. END OF SECTION "GENERAL CONDITIONS of the CONTRACT for CONSTRUCTION," PAGES 1-47, FOLLOW THIS SECTION 2003-238aa 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 CONSEOUENCES.CONSULTATION WITH AN 3. CONTRACTOR ATTORNEY 15 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 BY USING AIA 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 1.1.1,3.0 9.6.6,9.93,12.3 Additional Costs,Claims for 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 3.2,3.3.2,3•i2•8,3•i8,4.2.3,4.3.8,4.4.1,8.3.1, Advertisement or Invitation to Bid 01997 MAO ' 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 n opyngt 1911, 1 5, 1918, 1925, 1937, 1951, 1958, 196 , 19 , 1966, 1967, 1970, 197 , 1987, 0 7 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:2003-238aa 97a201 gent cond.aia--11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 1 I Aesthetic Effect 11.2,4.2-3,4.2.4,4.2.6,9.6-3,9.6.4,u.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 4.2.2,4.2.5,4.2.9,4.34,9.4.2,9.5.1,9.9.2, 11.4.1.1 9.10.1,13-5 , Applications for Payment Asbestos 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.39.7.1,9.8.5, 10.3.1 9.10,U.1.3,14.2.4,14-4.3 Attorneys'Fees Approvals 3.18.1,9.10.23 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 ' RESPECT TO ITS COMPLETION OR 4.1.1 1.1-7,5.2.1,ry Insurance AUTHENTICATION OF THIS Architect,Extent of Authority Boiler r and Machinery ELECTRONICALLY DRAFTED AIA 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 7.4,9.2,9.3.1,9.4,9.5,9.8.3 9.1o.1, 9.10.3,12.1, Bonds,Lien DOCUMENT MAYBE 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 73.6.4,9.6.7,9.10.3,u-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, 3.7.1 445.2.1,749-4.2,9.649.6.6 Capitalization Architect's Additional Services and Expenses 1,3 2.4,H-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 3.1.3,4.2,43-4,44,949-5 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 4.2.6,4.2.7,4.2.113 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,U-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 3.11,4.2.8,7,8.3.1,9.3.1.1,11.4.9 Architect's Interpretations 4.2.11,4.2.12,4.3.6 Claim,Definition of 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 +, 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.u,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 9-3,949-5,9-7,949-9, 10.2.6,10.3,11.3, Claims for Additional Cost 01997 AIA® 11.4.7,12,13.4.2,13.5 3.2.34.3.4,4.3.5,4.3.6,6.1.1,7.3.8,10.3.2 AIA DOCUMENT A201-1997 ' Architect's Relationship with Subcontractors Claims for Additional Time GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright , 1915, 1918, 19 5, 1937, 1951, 1958, 1961, 1963, 19 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:2003-238aa 97a201 genl cond.aia--11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 2 I II 3-2-3,4-34 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 3.2.3,318,43-10,6.1a,8.3-3,9.5.1,9.6-7,10-3.3, Contract Administration ' U.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,u.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 WITHAN ' 11.5.1 Contract Sum ATTORNEY 15 ENCOURAGED WITH Commencement of the Work,Definition of 3-8,4344-3-5,44-5,5.2-3,7.2,7.3,7.4,9.1, 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 1.6.1,3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8, 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 ' 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.31 3 9.10.4.2,12.2,13.7 Contractor,Definition of Compliance with Laws 3.1,6.1.2 1.6.1,3.2.2,3.6,3.7,3.12.10,3.13,4.11,448, 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 Contractors Employees Concealed or Unknown Conditions 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2. 4.3.4,8.3.1,10. 3,4.2.6,10.2, ' 3 10.3,11.1.1,u-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 1.6,3-4.2,3-12-8,3-14.2,4.1.2,4.3.4,4.6.4,9-3-2, Contractors and Owner's Forces ' 9.8-5,9.9.1,9.10.2,9.10.3,H-4-1, 13.2,13.4.2 3.12.5,3-14.2,4.2-4,6,H-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 H-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, Construction Change Directives 3-5.1,3.7.3,3.10,3.u,3-12,3.i6,3.18, 4.1.2,4.1.3, 1.1.1,3-12-8,4.2.8,4-3-9,7J,7.3,9.3.1.1 4.2,4-3-4,4-4-1,4-4.7,5.2,6.2.2,7,&3.1,9.2, Construction Schedules,Contractor's 9.3,9.4,9.5,9.7,9.8,9.9, 10.2.6,1o.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 Representationsr;� ' 5.4,14.2.2.2 1.5.2,3.5.1,312.6,6.2.2,8.2.1,9.3-3,9.8.2 Continuing Contract Performance Contractor's Responsibility for Those 4.3.3 Performing the Work 01997 AIA® Contract,Definition of 3-3.2,3-18,4.2.3,4-3.8,5-3-1,6.1.3,6.2,6.3,9-5.1, AIA DOCUMENT A201-1997 10 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION n opyng t 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:2003-238aa 97x201 gent cond.aia—11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 3 1 Contractors Review of Contract Documents 4.2.6,4.2-7,4.2.u,4.2.12,4-2-13,4-3-4,441, 1-5-2,3.2,3-7-3 4.4.5,4-4.6,-4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2, Contractor's Right to Stop the Work 9.4,9.5.1,9.&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 1,9.5,9.7,14.1-1.3 94• 4.3.10,14.1 Defective or Nonconforming Work,Acceptance, ' Contractor's Submittals Rejection and Correction of 3.10,3.11,3.12,4.2.7,5.21,5.23,7.3.6,9.2,9.3, 2.3,24 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 1.1,2.1.1,3.1,3.5.1,3.12.1,3.122,3.12.3,4.1.1, 1-2.2,3.3,3-4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, 4.3-1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1, 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 CONSEOUENCES.CONSULTATION WITH AN Coordination and Correlation Disputes ATTORNEY 15 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 DOCUMENT MAY BE MADE BY USING AIA Copyrights Drawings,Definition of DOCUMENT=I. 1.6,3.17 1.1.5 Correction of Work Drawings and Specifications,Use and This document has been approved and Ownership of endorsed by The Associated General 12.1.2,2-3,2.4,3-7.4,4.2.1,9.4.2,9.8.2,9.8-3,9.9.1,12 . 1.1.1,1.3,2.2-5,3.u,5.3 Contractors of America. Correlation and an 13.7.1'3 Effective Date of Insurance d Intent of the Contract 8.2.2,11.1.2 Documents 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, 2-4,3.2-3,3.7.4,3.8.2,3-15.2,4-3,5.4.2,6.1.1, 10.3,11.1.1,H-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 1.1.3,1.1.6,3.4,3.5.1,3.8.2,3.8-3,3-12,3-13,3.15.1, 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, 3.14.2,6.2.4,9.2.1-5,10.2.1.2,10.2.5,lo.6,u.1, 3.10,3.12,3.14,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3, ' 7.3.4,8.2,9.5,9.9.1,10.2,10.3,12.2,14.2,14.3 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 7.4.1,9.5.1,9.7.1,10.3.2,10.6.1,14.3.2 Damages,Claims for Failure of Payment , 3.2-3,3.18,4.3.1o,6.1.1,8.-1.3,9-5-1,9.6-7,10-3-3, 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 Damages for Delay Faulty Work � 6.1.s 8.3-3,9.5.1.6,9.7,10-3.2 (See Defective or Nonconforming Work) Date of Commencement the Work, Final Completion and Final Payment Definition of 4.2.1,4.2.9,4.3.2,9.8.2,9.10,U.1.2,H-1-3,U-4-1, 8.1.2 11.4.5,12.3.1,13.7,14.2.4,14.4.3 �. Date of Substantial Completion,Definition of Financial Arrangements,Owner's 8.1.3 2.2.1,13.2.2,14.1-1.5 Day,Definition of Fire and Extended Coverage Insurance 01997 AIA® 814 11.4 AIA DOCUMENT A201-1997 Decisions of the Architect GENERAL PROVISIONS GENERAL CONDITIONS OF THE ' CONTRACT FOR CONSTRUCTION n opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987,�5 -19 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. 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:2003-238aa 97x201 genl ' cond.aia--11!7/2003.AIA License Number 1008538,which expires on 5/2012004. 4 1 13.6 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.u,4.2.12,4-3.6 10.2.4,10.3,10.5 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,U.4.1.2,U-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.m4,3.12.10,4.2-7,4.3.3,6.1.3, 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,u.2,u.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 i.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 4.3.8,10.2,10.6 9.6.4,9.9.1,10.2.2,11.1,U.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.&',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,u 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,u-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 9.919-10,11.1.3,11.4.1.5,11.4.6,u.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, u.3 9.10.5 Insurance,Property Materials,Hazardous 10.2-5, 11.4 10.2.4,10.3,10.5 Insurance, Materials,Labor,Equipment and Stored Materials �1 P 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 Means,Methods,Techniques,Sequences and Insurance Companies,Consent to Partial Procedures of Construction Occupanry 1 9.9-1,H-4-1-5 3.3• ,3.12.10,4.2.2,4.2.7,9.4.2 Mechanic's Lien Insurance Companies,Settlement with 4.4.8 4 Intent of the Contract Documents Mediation 1.2.11 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 ))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:2003-238aa 97a201 gent cond.aia—11!1/2003.AIA License Number 1008538,which expires on 5/20/2004. 5 1.1.1,3.12.8,4.2.8,4.3.6,7.1,7.4 11.2 MISCELLANEOUS PROVISIONS Owner's Loss of Ilse Insurance 13 u•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,u.4.1 Owner's Right to Clean Up Mutual Responsibility . 6.3 6.2 Owners 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, Owners 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 Owners Right to Terminate the Contract ATTORNEY 15 ENCOURAGED WITH 2.2.1,2.3,2.4,3.2.3,3.3.1,3.7.22 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,u.1.3, Ownership and We of Drawings,Specifications MODIFICATION.AUTHENTICATION OF THIS u.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 ALA Notice,Written 1.1.1, 1.6,2.2.5,3.2.13 3.u.1,3.17.1,4.2.12,5.3 DOCUMENT MAY BE MADE BY USING AIA 2._3,2.4,3.3.1,3.9,3.12-9,3-12-10,4.3,4.4.83 Partial Occupancy or Use DOCUMENT D401. 4.6-5,5.2.1,&2.2,9.7,9.10,10.2.2,10.3, u.1.3, 9.6.6,9.9,u.4.1.5 This document has been approved and 11.4.6,U.2-2,12.2.4,13.3,14 Patching,Cutting and endorsed by The Associated General Notice of Testing and Inspections 3.14,6.2.5 Contractors of America. 13.5.12 13.5.2 Patents Notice to Proceed 3.17 8.2.2 Payment,Applications for Notices,Permits,Fees and 2.2.2,3.7.3.13,7.3.6.4,10.2.2 4.2-5,7.3.8,9.2,9.3,9.4,9.5.1,9.6-3,9.7.1, Observations,Contractors 9.8-5,9.10.1,9.10.3,9.10.5,u-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,u.4.1.5 9.10.1,9.10.3,13.7,14.1-1.3,14.2.4 Orders,Written Payment,Failure of 1.1.1,2.3,3.9,4.3.6,7,8.2.2,11.4.9,12.1,12.2, 4.3-6,9-5-1-3, 9.7,9.10.2,14-1.1-3214.2.1.2,13.6 13-5.2,14-3-1 Payment,Final OWNER 4.2.1,4.2.9,4.3.2,9.8.2,9.10,u.1.2,u.1.3,u.4.1, u.4.5,12.3.1,13.7,14.2-4)14.4.3 2 Payment Bond,Performance Bond and Owner,Definition of 11 5 2.1 7.3.6.4,9.6-7,9.10.3,u•4.9> Payments,Progress Owner,Information and Services Required of P the 4.3-3,9.3,9.6,9.8.5,9.10.3,13.6,14.2.3 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, PAYMENTS AND COMPLETION 9 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, Payments to Subcontractors 10.3.3,U.2,11-4,13-5-1,13-5.2,14.1-1.4,14-1.4 Owners Authority 5.4.2,9.5.1.3,9.6.2,9.6-3,9.6.4,9.6-7,u.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 5.4.1,6.12 6.3,7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2, 10.3.1 ,, U Bond and Payment Bond 9.5.1,g.g.1,9.10.2, 10.3.2,u.1.3,u.3.1,u.4.3, Performance u.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,u-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 CONTRACT FOR CONSTRUCTION » opyng t 1911, 1915, 1 18, 19 5, 1937, 1951, 1958, 1 1, 9 , 196 , 19 7, 1 70, 1976, 1987, O 1997 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: 2003-238aa 97a201 genl cond.aia--11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 6 OF Review of Shop Drawings,Product Data and I 10 Samples by Contractor Polychlorinated Biphenyl 3.12 10.3.1 Rights and Remedies Product Data,Definition of 1.1.22 2.32 2.42 3.5.12 3.15.22 4.2.6,4-3-4,4-52 4.62 3.12.2 5.3,5.4,6.1,6.3,7.3.1,8.32 9.5.12 9.72 10.2.5210.3, Product Data and Samples,Shop Drawings 12.2.2,12.2.4,13.4,14 3•u,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,io.6 THIS DOCUMENT HAS IMPORTANT LEGAL Insurance Samples,Definition of CONSEOUENCES.CONSULTATION WITH AN 11.3 3.12.3 ATTORNEY IS ENCOURAGED WITH li 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 D407. 4.2.10 9.2,9.3.1 Property Insurance Schedules,Construction This document has been approved and 10.2-5,11.4 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.22 6.1.3 endorsed by The Associated General i 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 1.6,3.2.2,3.6,3-7,3-12-10,3-13,4-1.1,4.4.8,4.6, 3.12.1 9.6-4,9.9.1,10.2.2,11.1,11.4,13.1, 13.4,13.5.1, Shop Drawings,Product Data and Samples 13-5.2,13.6,14 3-11,3.12,4.2.7 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 13.5 1-5-2,3-5-1,342.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1, Site Visits,Architect's 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 13.2.1 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 ma,1.1.6,1.1.7,1.2.2,1.6,3.u,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 9.3.1,9.6.2,9.8.529.9.1,9.10.2,9.10.3 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 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® 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 5 AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION n opyrig t 1911, 91 , 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: 2003-238aa 97a201 gent cond.aia--11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 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 Tests and Inspections 5.3,5.4,9.3.1.2,9.6,9.1010.2.1,11-4.7,11-4.8, 3.1-3,3-3.3,4.2-2,4.2.6,4.2.92 9.4.2,9.8.3,9.9.2, 14.1,14.2.1,14.3.2 9.10.1,10.3.2,n.4.1.1,12.2.1,13.5 Submittals TIME 1.6,3.10,3.11,3.12,4.2-7,5.2.1,5.2.3,7.3.6,9.2, 8 9.3,9.8,9.9.1,9.10.2,9.10.3,U-1.3 Subrogation,Waivers of Time,Delays and Extensions of 6.1.1,11.4.5,11.4.7 3.2-3,4-3.1,4.3.4,4.3.7,4.4.5,5.2-3,7.2.1,7-3-12 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 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.1o.3, Time Limits 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.u,3.12.5,3.15.1, 9.10.4.2,12.2,13.7 Substantial Completion,Definition of 4.2,4.3,4-4,4.5,4.6,5.225.3,5.4, 6.2-4,7.3, 9.8.1 7.4,8.2,9.22 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 9-919-10,U-1-3,U-4-1-5, 11.4.6,u-4-10,12.2,13.5, CONSEQUENCES.CONSULTATION WITH AN 13.7,14 ATTORNEY 15 ENCOURAGED WITH 5-2-3,5-2-4 Substitution of Architect Time Limits on Claims RESPECT TI ITS COMPLETION I IO N OF THIS 4.1.3 4.3.2,4.3.4,4.3.8,4.4,4.5,4.6 ELECTRONICALLY DRAFTED AIA Substitutions 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 DOCUMENT D401. Sub-subcontractor,Definition of UNCOVERING AND CORRECTION OF 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 4.3-4,8.3.1,10.3 3.9,10.2.6 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,&2,8.3.1,9-4.2,10, 12,14 ma,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 1 34.2 Suspension by the Owner for Convenience Waiver of Claims by the Contractor 14.4 4.3-10,9-10.5,B-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,H-4-3,U-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,U-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 4.3.102 5.4-1.1, 14.2 Warranty Termination of the Architect 3.5-4.2-9,4.3.5.3,9.3.3,9.&4,9.9.12 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 CONTRACT FOR CONSTRUCTION ))Copyright 19 , 1915, 1918, 1 5, 1937, 1951, 1 8, 1961, 1963, 1966, l 7, 1970, 1976, 1987, Q 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:2003-238aa 97x201 gent cond.aia—11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 8 Work,Definition of 4.6.5,5.2.1,8.2.2,9.7,9.10,10.2.2,10.3, u-1.3, 1.1.3 U-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,u.4.9,12.1,12.2, 9.8-5,9.9.1,9.10.2,9.10.3,u.4.1, 13.2,13.4.2 13.5.2,14.3.1 Written Interpretations 4.2.u,4.2.12,4-3.6 Written Notice 2.3,2-4,3.3-1,3.9,3.12.9,3.12-10,4-3,4-4-82 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 CONSEOUENCES.CONSULTATION WITH AN (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 wi. 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. l� 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, fAP++�i details,schedules and diagrams. 1.1.6 THE SPECIFICATIONS 01997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION » opyrig t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, Q 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:2003-238aa 97x201 gent cond.aia—11!7/2003.AIA License Number 1008538,which expires on 5/202004. 9 1 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 1.2.2 Organization of the Specifications into divisions, sections and articles, and ATTORNEY IS ENCOUR CONSULTATION ED WITH WITH AN rg P 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 form, prepared by the Architect and the Architect's consultants are Instruments of Service �•,�; ' through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings,Specifications 01"7 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 opyrig t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 7 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: 2003-238aa 97x201 gent cond.aia—11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 10 d u d other reserved rights, in addition to the them an will retain all common law, statutory an 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 WITH AN or other reserved rights. ATTORNEY 1S 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 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 Owners control shall be AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION » opyngt 1911, 1915, 1918, 1925, 1937, 151, 195 , 191, 1963, 1966, 1 , 1970, 1976, 1987, 91 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:2003-238aa 97x201 gent cond.aia—11/7/2003.AIA License Number 1008538,which expires on 5120/2004. 11 furnished by the Owner after receipt from the Contractor of a written request for such 1 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 CONSEOUENCES.CONSULTATION WITH AN ATTORNEY 15 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 THI5 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 Owners 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 Contract Documents relative to that portion of the Work,as well as the information furnished , . _ , by the Owner pursuant to Subparagraph 2.2.3, shall take field measurements of any existing � conditions related to that portion of the Work and shall observe any conditions at the site affecting it.These obligations are for the purpose of facilitating construction by the Contractor 01997 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 opyngt 1911, 1915, 191 , 1 5, 1937, 151, 15 , 191, 1963, 19 , 1967, 197U, 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:2003-238aa 97x201 gent cond.aia—11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 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 Contractors 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 3.21 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 WITH AN Contractor shall not be liable to the Owner or Architect for damages resulting from errors, ATTORNEY 15 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 Architect. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT MI. 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 W � and completion of the Work, whether temporary or permanent and whether or not V 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 » opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1 97 y T e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects 1 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:2003-238aa 97a201 genl cond.aia—11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 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 THIS DOCUMENT HAS IMPORTANT LEGAL evidence as to the kind and quality of materials and equipment. CONSEOUENCES.CONSULTATION WITH AN 3.6 TAXES ATTORNEY 15 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 Unless AthemAse previded-in-the Geztaet Deeidments, e Gentmete r-shag-R=-e- and-pay 4ef 4ke building-permit-and efheF pees-&n4 mental-fees;leases-and- . 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. , JB 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® AIA DOCUMENT A201-1997 costs attributable to correction. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION r opyng t 1911, 1915, 191 , 1925, 1937, 1951' 1958 1961, 1963, 1966,-1967, 1970, 7 7 , 19 7, 0 1 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. 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: 2003-238aa 97a201 gent cond.aia--11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 14 1 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 15 ENCOURAGED WITH 3.8.2.1 and(2)changes in Contractor's 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 ,4r 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 01997 AIA® 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 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, O 1 7 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. 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:2003-238aa 97a201 gent cond.aia—11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 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 WITH AN 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 MI. 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 t Submittals which are not marked as reviewed for compliance with the Contract D ocuments endorsed by The Associated General and approved b the Contractor may be returned b the Architect without action. Contractors of America. PP Y Y Y 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 (i) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of 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 .1 approval of a resubmission shall not apply to such revisions. +• - •_ PP s+aln a 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 oi997 AIMD Contract Documents fora 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 » opyng 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: 2003-238aa 97x201 genl cond.aia—11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 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 3.12.1o, 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 CONSEOUENCES.CONSULTATIONWITHAN design criteria required by the Contract Documents. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 3.13 USE OF SITE MODIFICATION.AUTHENTICATION OF THIS 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 Contractors tools,construction equipment,machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES, PATENTS AND COPYRIGHTS I ., ,z � 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend V++I�'� 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 01997 AIA® AIA DOCUMENT A2 manufacturers is required by the Contract Documents or where the copyright violations are - GENERAL CONDITIONS OF F THE n opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, Q 97 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:2003-238aa 97x201 geni cond.aia—11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 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 e xp enses are not covered by Pr oject 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.ENCOURAGED WITH WITH AN Such obligation shall not be construed to negate,abridge,or reduce other rights or obli obligations ATTORNEY IS ENCOURAGED w1R g g g g RESPECT TO ITS COMPLETION OR of indemnity which would otherwise exist as to a party or person described in this Paragraph MODIFICATION.AUTHENTICATION OF THIS 3'18' ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an DOCUMENT D401. 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 3.18.1 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 (i) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one-year period for correction of Work described in Paragraph 12.2.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. ,I 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work 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 CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1977—, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by TFe 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:2003-238aa 97x201 genl cond.aia--11!1/2003.AIA License Number 1008538,which expires on 5/20/2004. 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 Contractors 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 WITH AN authorized,the Owner and Contractor shall endeavor to communicate with each other through ATTORNEY 15 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 Subcontractors and material suppliers shall be through the Contractor. Communications by ELECTRONICALLY DRAFTED AIA and with separate contractors shall be through the Owner. DOCUMENT MAY BE MADE BY USING AIA 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 312. 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 ))Copyright 1911, 1915, 1918, 1925, 1 , 1 51, 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:2003-238aa 97a201 genl cond.aia—11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 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 THIS DOCUMENT HAS IMPORTANT LEGAL concerning the time within which interpretations required of the Architect shall be furnished in CONSEQUENCES.CONSULTATION WITHAN compliance with this Paragraph 4.2,then delay shall not be recognized on account of failure by ATTORNEY IS ENCOURAGED WITH the Architect to furnish such interpretations until 15 days after written request is made for RESPECT TO ITS COMPLETION OR them. 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 D4oi. 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 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later.Claims must be initiated by written notice to the Architect and the other party. 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Subparagraph 9.7.1 and Article 14,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. _ 4.3.4 Claims for Concealed or Unknown Conditions.If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical , conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 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 nd cause an increase or decrease in the Contractor's cost of, or time GENERAL CONDITIONS OF THE y CONTRACT FOR CONSTRUCTION » opyng t 1911, 1915, 1918, 1 25, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 19767, 1976, 1987, 0 9 7 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. 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: 2003-238aa 97a201 gent cond.aia—11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 20 1 L 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 u 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: 4.3.5.1 When extra work is performed under an approved Change Order CONSEOUENCES.CONSULTATION WITHAN and paid for by acceptable lump sum or mutually agreed prices. the Contractor will be ArroRNEYIS ENCOURAGED WITH limited to a markup of 10% overhead and profit including employment taxes. fringe RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS benefits, related labor costs on materials to be entered into the work, and on the ELECTRONICALLY DRAFTED A/A ownership or rental costs of construction plant and equipment employed during the DOCUMENT MAY BE MADE BY USING AIA time of the extra work. The markup does not apply to cost of materials. DOCUMENT D401. 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(i)a written interpretation from the Architect,(2)an order by the Owner to stop the Work where the Contractor was not at fault,(3)a written order for a minor change in the Work issued by the Architect,(4)failure of payment by the Owner,(5)termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3• 4.3.7 Claims for Additional Time 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time,written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work In the case of a continuing delay only one Claim is necessary. 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party,or of �• - .• others for whose acts such party is legally responsible,written notice of such injury or damage, s+a1r:: 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. 01997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION » Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1 61, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 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. 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:2003-238aa 97a201 gent cond.aia—11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. { 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. CONSEOUENCES.CONSULTATION WITH AN ATTORNEY IS 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 U51NG 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 The associated General initially to the Architect for decision.An initial decision by the Architect shall be required as a contractorrs s 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: (i)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 opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 19 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. 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:2003-238aa 97a201 gent cond.aia--11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 22 j 4.4.6 When a written decision of the Architect'states that(i)the decision is final but subject I 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 WITH AN Claim may proceed in accordance with applicable law to comply with the lien notice or filing ATTORNEY 15 ENCOURAGED WITH deadlines prior to resolution of the Claim by the Architect,by mediation or by arbitration. RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 4.5 MEDIATION DOCUMENT MAY BE MADE BY USING AIA 4.5.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic DOCUMENT MI. 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 I effect and except those waived as provided for in Subparagraphs 4.3.10,9.10.4 and 9.10.5, 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 01997 AIA® the board's majority opinion that the Contractor's filing of the protest or action is AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE nCopyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 97 y e CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects I 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 1 the date of expiration as noted below.expiration as noted below. User Document:2003-238aa 97a201 genl cond.aia--1111/2003.AIA License Number 1008538,which expires on 5/20/2004. 23 1 capricious or without reasonable foundation. In the latter case, all costs shall be bome 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 4.6a 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. THIS 4.6.4 Limitation on Consolidation or Joinder. No arbitration arising ut of or relating CON5E DOCUMENT CONSULTATION LEGAL g g CONSEQUENCES.CONSULTATION WITH AN to the Contract shall include,by consolidation or joinder or in any other manner,the Architect, ATTORNEY 15 ENCOURAGED WITH the Architects 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 i 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- ;�iI■;� subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF 01997 AIAO AIA DOCUMENT A201-1997 THE WORK GENERAL CONDITIONS OF THE ))Copyright FOR CONSTRUCTION opyrig t 1911, 1915, 1918, 925, 1937, 1951, 1958, 1961, 1963, 1 ,, 197 1976, 1 8 , O 1997 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. 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:2003-238aa 97a201 genl cond.aia--1111/2003.AIA License Number 1008538,which expires on 5/20/2004. 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. 1 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 THIS DOCUMENT HAS IMPORTANT LEGAL reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of THIS S DOCUMENT CONSULTATION WITH L performing the Work,the Contract Sum and Contract Time shall be increased or decreased by ATTORNEY IS ENCOURAGED WITH AN 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 I 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 +, 'M cause pursuant to Paragraph 14.2 and only for those subcontract agreements ; which the Owner accepts by notifying the Subcontractor and Contractor in writing;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond 01997 AIA® relating to the Contract. 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 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:2003-238aa 97a201 genl cond.aia—11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 25 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 t and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in ' Paragraph 4.3. THIS DOCUMENT HAS IMPORTANT LEGAL 6.1.2 When separate contracts are awarded for different portions of the Project or other CONSEQUENCES.CONSULTATION WITH AN 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 Owners own forces ELECTRONICALLY DRAFTED AIA and of each separate contractor with the Work of the Contractor, who shall cooperate with DOCUMENT MAYBE 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,n 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. i 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 '��it 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, 1 7 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. 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:2003-238aa 97x201 genl cond.aia—11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 26 1 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. 1 ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL THI5 DOCUMENT HAS IMPORTANT LEGAL 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and CONSEQUENCES.CONSULTATION WITHAN 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 7 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: A 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 I 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: 01"7"�"® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION vCopyng t 1 11, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 197 , 1997—, 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 1 the date of expiration as noted below.expiration as noted below. User Document:2003-238aa 97x201 genl cond.aia--11!1/2003.AIA License Number 1008538,which expires on 5/20/2004. 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 WITH AN 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 THIS 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 7.3.3.3,the Contractor DOCUMENT DV1. 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 t the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs.For any portion of such cost that remains in dispute,the Architect will make an interim determination for purposes of monthly certification for payment for those costs.That determination of cost shall adjust the Contract Sum on the same basis as a Change ,, Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Architect 01997 AIAO concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE ))Copyright FOR CONSTRUCTION opyrig t 1911, 1915, 1918, 1975-,-13r7, 1 51, 1958, 1961, 1963, 1966, 1 , 1970, 1976, 1987, V 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:2003-238aa 97x201 genl cond.aia-11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 28 L 1 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. CONSEOUENCES.CONSULTATION WITH AN ATTORNEY 15 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 THI5 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 Insert G: Liquidated Damages: Work shall begin when the Contractor receives a formal "Notice to Proceed" and shall proceed with promptness and dispatch and shall be completed within Forty-Five (45) calendar days. Notice to Proceed shall not be I given until the building permit is approved. the City Council, City Attorney. Risk Manager approve, and the Contractor provides Certificates of Insurance acceptable to the Owner in accordance with the requirements of Section 00810 and the General Conditions of the Contract for Construction - AIA Form A201. and construction schedule in accordance with Section 01310 and signed construction Contract with firm price. Insert H: For each calendar day after date established by the above allowed time that any portion of the work remains incomplete and any portion of the building that remains unavailable for occupancy (in the Owner's sole judgment), the sum of One Hundred ($100.00) Dollars. not to be construed in any sense a penalty. but as fixed, agreed. liquidated damages occurred by the Owner for failure of the Contractor to meet the schedule completion dates. 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 u 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 �R* ~ 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 7 AIND mortgages,mechanics liens and other security interests. AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, ® 199 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: 2003-238aa 97x201 genl cond.aia—11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 29 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. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3• , THI5 DOCUMENT 11,45 IMPORTANT LEGAL 8.3.3 This Paragraph 8.3 does not preclude recovery of damages for delay by either party CONSEOUENCES.CONSULTATION WITH AN under other provisions of the Contract Documents. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR ARTICLE 9 PAYMENTS AND COMPLETION MODIFICATION.AUTHENTICATION OF THIS 9.1 CONTRACT SUM ELECTRONICALLY DRAFTED AIA 9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments, DOCUMENT MAY BE MADE BY USING AIA is the total amount payable by the Owner to the Contractor for performance of the Work under DOCUMENT D401. the Contract Documents. This document has been approved and endorsed by The Associated General 9.2 SCHEDULE OF VALUES Contractors of America. 9.2.1 Before the first Application for Payment,the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents. Applications made after the day of the month or the time period established as the final day for acceptance will be considered in the next payment period. Application shall be made on AIA Form G702 and G703. breakdown of work delineated on Form G703 shall be detailed on Schedule of Values. Insert I: a. The Owner shall retain a sum equal to five percent (5%) of the amount , earned by the Contractor. as a trust fund for the protection and payment of any person or persons, mechanics. subcontractor. or material suppliers who shall perform any labor upon this Contract, and all persons who shall supply such person or persons of Subcontractors with provisions and supplies for carrying on of such work and the State of Washington with respect to taxes imposed pursuant to RCW Title 82 . which may be due from same Contractor. � Insert J: b. In accordance with the provisions of Chapter 60.28 RCW. above trust 0- , AIA® fund shall be retained for a minimum period of sixty (60) days following Final AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 11, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 19 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:2003-238aa 97x201 gent cond.aia—11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 30 i Completion and when the requirements of the Contract and requirements in Section 01700-Project Administration and Closeout have been fulfilled. Insert K: In the event these requirements are not met. the Owner may Day 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 attomey'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 additional provisions on this subject. 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 Construction Change Directives, or by interim determinations of the Architect, but not yet THIS DOCUMENT HAS IMPORTANT LEGAL included in Change Orders. CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH 9.3.1.2 Such applications may not include requests for payment for portions of the Work for RESPECT TO ITS COMPLETION OR which the Contractor does not intend to pay to a Subcontractor or material supplier, unless MODIFICATION.AUTHENTICATION OF THIS such Work has been performed by others whom the Contractor intends to pay. ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on DOCUMENT D401. account of materials and equipment delivered and suitably stored at the site for subsequent This document has been approved and incorporation in the Work If approved in advance by the Owner, payment may similarly be endorsed by The associated General made for materials and equipment suitably stored off the site at a location agreed upon in Contractors of America. writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue to the Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment,that the Work has progressed to the point indicated :. � and that, to the best of the Architect's knowledge, information and belief, the quality of the �V��' 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 01997 A'A® Completion, to results of subsequent tests and inspections, to correction of minor deviations AIA DOCUMENT A201-1997 from the Contract Documents prior to completion and to specific qualifications expressed by GENERAL CONDITIONS OF THE ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1, 1963, 1966, 1967, 1970, 197 , 7, 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:2003-238aa 97a201 genl cond.aia--11/7/2003.AIA License Number 1008538,which expires on 5/202004. 31 the Architect.The issuance of a Certificate for Payment will further constitute a representation t 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(i)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect THIS DOCUMENT HAS IMPORTANT LEGAL cannot agree on a revised amount,the Architect will promptly issue a Certificate for Payment CONSEOUENCES.CONSULTATION WITH AN for the amount for which the Architect is able to make such representations to the Owner.The ATTORNEY 15 ENCOURAGED WITH Architect may also withhold a Certificate for Payment or, because of subsequently discovered RESPECT TO ITS COMPLETION OR evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such MODIFICATION.AUTHENTICATION OF THIS extent as may be necessary in the Architect's opinion to protect the Owner from loss for which ELECTRONICALLY DRAFTED AIA Y rY P P DOCUMENT MAY BE MADE BY USING AIA resulting from acts and omissions described m the Contractor is responsible, including loss r g DOCUMENT D401. Subparagraph because of. 33�2, .1 defective Work not remedied; This document has been approved and .2 third party claims filed or reasonable evidence indicating probable filing of such endorsed by The Associated General claims unless security acceptable to the Owner is provided by the Contractor, Contractors of America. .3 failure of the Contractor to make P Ym properly a ents to Subcontractors or for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor, .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholdin g certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment M� 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 f, , _ , each Subcontrac to r payments to make a ents to Sub-subcontractors in a similar manner. A '~ 9.6.3 The Architect will,on request, furnish to a Subcontractor,if practicable,information 01997 AIA® regarding percentages of completion or amounts applied for by the Contractor and action AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1 11, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 19 7 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. 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: 2003-238aa 97x201 genl cond.aia—11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 32 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. 1 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 of the Contract Sum, payments received by the Contractor for Work properly performed by THIS DOCUMENT HAS IMPORTANT LEGAL Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or CONSEQUENCES.CONSULTATION WITH AN 1 suppliers who performed Work or furnished materials, or both, under contract with the ATTORNEY IS ENCOURAGED WITH Contractor for which payment was made by the Owner.Nothing contained herein shall require RESPECT TO ITS COMPLETION OR money to be placed in a separate account and not commingled with money of the Contractor, MODIFICATION.AUTHENTICATION OF THIS shall create any fiduciary liability or tort liability on the part of the Contractor for breach of ELECTRONICALLY DRAFTED AIA trust or shall entitle any person or entity to an award of punitive damages against the DOCUMENT MAY BE MADE BY USING AIA Contractor for breach of the requirements of this provision. DOCUMENT D407. 9.7 FAILURE OF PAYMENT This document has been approved and I 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the endorsed by The Associated General Contractor,within seven days after receipt of the Contractor's Application for Payment, or if Contractors of America. the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitration,then the Contractor may, upon seven additional days'written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay and start-up,plus interest as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION ' 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the 1 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 f�ire 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. 01997 AIA® 1 AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION n opyng 1 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:2003-238aa 97x201 genl cond.aia—11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 33 I 1 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. THIS DOCUMENT HAS IMPORTANT LEGAL 9.9 PARTIAL OCCUPANCY OR USE CONSEOUENCES.CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH 9.9.1 The Owner may occupy or use any completed or partially completed portion of the RESPECT TO ITS COMPLETION OR Work at any stage when such portion is designated by separate agreement with the Contractor, MODIFICATION.AUTHENTICATION OF THIS provided such occupancy or use is consented to by the insurer as required under Clause u.4.1.5 ELECTRONICALLY DRAFTED AIA and authorized by public authorities having jurisdiction over the Work Such partial occupancy DOCUMENT MAY BE MADE BY USING AIA or use may commence whether or not the portion is substantially complete, provided the DOCUMENT MI. 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 This document has been approved and insurance, and have agreed in writing concerning the period for correction of the Work and endorsed by The Associated General ' commencement of warranties required by the Contract Documents. When the Contractor Contractors of America. 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 , Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the , Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and,when the Architect finds the Work acceptable under the Contrail 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 01"7 AIA® the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and AIA DOCUMENT A201-1997 equipment, and other indebtedness connected with the Work for which the Owner or the GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION N opyngt 1911, 115, 191 , 12 , 137, 195 , 15 , 191, 1963, 166, 197, 1970, 1976, 197, ® 1997 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. 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:2003-238aa 97a201 gent cond.aia--11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 34 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 liens,claims,security interests or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner 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 THIS DOCUMENT HAS IMPORTANT LEGAL delayed through no fault of the Contractor or by issuance of Change Orders affecting final CONSEQUENCES.CONSULTATION WITH AN completion, and the Architect so confirms, the Owner shall, upon application by the ATTORNEY IS ENCOURAGED WITH Contractor and certification by the Architect, and without terminating the Contract, make RESPECT TO ITS COMPLETION OR payment of the balance due for that portion of the Work fully completed and accepted. If the MODIFICATION.AUTHENTICATION OF THIS remaining balance for Work not fully completed or corrected is less than retainage stipulated in ELECTRONICALLY DRAFTED AIA the Contract Documents, and if bonds have been furnished, the written consent of surety to DOCUMENT MAY BE MADE BY USING AIA payment of the balance due for that portion of the Work fully completed and accepted shall be DOCUMENT D401. submitted by the Contractor to the Architect prior to certification of such payment. Such This document has been approved and payment shall be made under terms and conditions governing final payment, except that it endorsed by The Associated General shall not constitute a waiver of claims. Contractors of America. 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: 1 liens,Claims,security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 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, 01997 AIA® relocation or replacement in the course of construction. AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 911, 1915, 1918, 1925, 1937, 1951, 1 58, 1 61, 1963, 1966, 1967, 1970, 1976, 1987, Q 199771—y—TT 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: 2003-238aa 97x201 genl cond.aia--11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 35 Insert L• 4 Other property at the site or adjacent thereto, including occupants of said property customers visitors and passersby from , iniury 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 M: It shall be the responsibility of the Contractor to comply with all requirements of the Occupational Safety and Health Act of 1971 (OSHA) and the Laws of Washington Relative to Industrial Safety and Health. The methods of compliance with safety and health precautions are the responsibility of the Contractor and are not shown on the Contract Drawing or described in the Technical Specification. THIS DOCUMENT HAS IMPORTANT LEGAL 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and CONSEOUENCES.CONSULTATION WITH AN performance of the Contract,reasonable safeguards for safety and protection,including posting ATTORNEY IS ENCOURAGED WITH danger signs and other warnings against hazards,promulgating safety regulations and notifying RESPECT TO ITS COMPLETION OR owners and users of adjacent sites and utilities. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 10.2.4 When use or storage of explosives or other hazardous materials or equipment or DOCUMENT D401. 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. This document has been approved and endorsed by The Associated General ' 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss Contractors of America. 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 Paragraph 318. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be 1 loaded so as to endanger its safety. 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 MW 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. V ,, 1W. .-4W 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 01"7 AIA® otherwise required by the Contract Documents, the Owner shall furnish in writing to the AIA DOCUMENT A201-1997 Contractor and Architect the names and qualifications of persons or entities who are to GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925,1937, 1951, 1958, 1961, 1963, 1966, 1967, 197U, 97 , 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:2003-238aa 97x201 gent cond.aia--11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 36 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. 1 When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-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 THIS DOCUMENT HAS IMPORTANT LEGAL if in fact the material or substance presents the risk of bodily injury or death as described in CONSEOUENCES.CONSULTATION WITHAN Subparagraph 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss ATTORNEY 15 ENCOURAGED WITH or expense is attributable to bodily injury, sickness, disease or death, or to injury to or RESPECT TO ITS COMPLETION OR destruction of tangible property (other than the Work itself) and provided that such damage, MODIFICATION.AUTHENTICATION OF THIS loss or expense is not due to the sole negligence of a party seeking indemnity. ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 10.4 The Owner shall not be responsible under Paragraph 10.3 for materials and substances DOCUMENT D401. brought to the site by the Contractor unless such materials or substances were required by the This document has been approved and Contract Documents. endorsed by The Associated General ' Contractors of America. 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 I 10.6.1 In an emergency affecting safety of persons or property,the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 1 claims under workers' compensation, disability benefit and other similar 1 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; ' claims �•. - f for damages because of bodily injury, sickness or disease,or death of any person other than the Contractors 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 01997 AIA®. 1 AIA DOCUMENT A201-1997 destruction of tangible property,including loss of use resulting therefrom; GENERAL CONDITIONS OF THE . CONTRACT FOR CONSTRUCTION .Copyright 1 11, 1915, 1918, 1925, 1937, 1951, 1958, 19 1, 1963, 1966, 1967, 1970, 197 , 19 87, 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:2003-238aa 97a201 genl cond.aia--11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 37 i .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 u.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. 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 THIS DOCUMENT HAS IMPORTANT LEGAL Paragraph u.1 shall contain a provision that coverages afforded under the policies will not be CONSEQUENCES.CONSULTATION WITHAN canceled or allowed to expire until at least 3o days prior written notice has been given to the ATTORNEY IS ENCOURAGED WITH Owner. If any of the foregoing insurance coverages are required to remain in force after final RESPECT TO ITS COMPLETION OR payment and are reasonably available,an additional certificate evidencing continuation of such MODIFICATION.AUTHENTICATION OF THIS coverage shall be submitted with the final Application for Payment as required by ELECTRONICALLY DRAFTED AIA Subparagraph 9.10.2. Information concerning reduction of coverage on account of revised DOCUMENT MAY BE MADE BY USING AIA limits or claims paid under the General Aggregate,or both,shall be furnished by the Contractor DOCUMENT D401. with reasonable promptness in accordance with the Contractor's information and belief. This document has been approved and 11.2 OWNER'S LIABILITY INSURANCE endorsed by The Associated General , 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual Contractors of America. 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 ' operations under the Contract. Unless otherwise required by the Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage,and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner.The minimum ' limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Clauses 11.1.1.2 through u.1.1.5. 11.3.2 To the extent damages are covered by Project Management Protective Liability ' insurance,the Owner,Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance.The policy shall provide for such waivers of subrogation by endorsement or otherwise. 11.3.3 The Owner shall not require the Contractor to include the Owner,Architect or other t 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 01"7 AIA® materials supplied or installed by others,comprising total value for the entire Project at the site AIA DOCUMENT A201-1997 on a replacement cost basis without optional deductibles. Such property insurance shall be GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 18, 1925, 1937, 1951, 1958, 1, 1963, 1966, 1967, 1970, 1976, 1987, 0 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:2003-238aa 97a201 genl cond.aia--11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 38 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 gao or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph u.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 N: Parties initiating claims against the Owner-provided insurance shall be financially responsible for the deductible portion of the adjustment. t11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including,without duplication of coverage,theft,vandalism,malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary ' buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and THIS DOCUMENT HAS IMPORTANT LEGAL Contractors services and expenses required as a result of such insured loss. CONSEQUENCES.CONSULTATION WITH AN 1 ATTORNEY IS ENCOURAGED WITH 11.4.1.2 If the Owner does not intend to purchase such property insurance required by the RESPECT TO ITS COMPLETION OR Contract and with all of the coverages in the amount described above, the Owner shall so MODIFICATION.AUTHENTICATION OF THIS g ELECTRONICALLY DRAFTED AIA inform the Contractor in writing prior to commencement of the Work The Contractor may DOCUMENT MAY BE MADE BY USING AIA then effect insurance which will protect the interests of the Contractor, Subcontractors and DOCUMENT D401. 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 This document has been approved and 1 purchase or maintain insurance as described above, without so notifying the Contractor in endorsed by The associated General writing,then the Owner shall bear all reasonable costs properly attributable thereto. Contractors of America. 11.4.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. 11.4.1.4 This property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. 11.4.1.5 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or companies providing property insurance have consented to 1 such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent,take no action with respect to partial occupancy or use that would cause cancellation,lapse or reduction of insurance. 1 11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the 1 Owner, this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work,and the Owner and Contractor shall be named insureds. 11.4.3 Loss of Use Insurance. The Owner, at the Owners option, may purchase and 1 maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused. 11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or.other special causes of loss be included in the property insurance policy,the Owner 01997 AIA® shall,if possible,include such insurance,and the cost thereof shall be charged to the Contractor AIA DOCUMENT A201-1997 ' by appropriate Change Order. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 191S, 1918, 192S, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 7 y e 1 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:2003-238aa 97a201 genl cond.aia—11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 39 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 u.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 n.4. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project.Each policy shall contain a provision that the policy will not be canceled ' or allowed to expire,and that its limits will not be reduced,until at least 3o days'prior written notice has been given to the Contractor. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (r) ATTORNEY IS ENCOURAGED WITH each other and an of their subcontractors,sub-subcontractors,agents and employees,each of RESPECT TI ITS COMPLETION IO Y g MODIFICATION.AUTHENTICATION OF THIS the other, and (2) the Architect, Architect's consultants, separate contractors described in ELECTRONICALLY DRAFTED AIA Article 6,if any,and any of their subcontractors,sub-subcontractors,agents and employees,for DOCUMENT MAY BE MADE BY USING AIA damages caused by fire or other causes of loss to the extent covered by property insurance DOCUMENT D401. obtained pursuant to this Paragraph n.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. This document has been approved and The Owner or Contractor,as appropriate,shall require of the Architect,Architect's consultants, endorsed by The Associated General separate contractors described in Article 6,if any, and the subcontractors,sub-subcontractors, Contractors of America. agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. ' 11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear,subject to requirements of any applicable mortgagee clause and of Subparagraph n.4.10. ' The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.4.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon , occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary.The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach,or in accordance with an arbitration award in which case the procedure shall be as provided in 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, 01997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION opyn8t111, 1915, 19 1925, 1937, 15 , 195T,-TWI, 19 966, 1967, 1970, 1976, 1987, Q 197 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: 2003-238aa 97x201 gent ' cond.aia—11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 40 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 O: Perfbrmance Bond and Labor and Materials Payment Bond - The Contractor agrees to comply with all requirements of Chapter 39.08 RCW. The Contractor shall secure and pay for a Performance Bond and a Labor and Materials Payment Bond issued by a bonding company licensed to transact business in the locality of the project on the City Bond Form "Bond to the City of Renton," aftached and executed in pursuance to Chapter 39.08 Revised Code of Washington and any THIS DOCUMENT HAS IMPORTANT LEGAL amendments thereto. The Bond Form must comply with all requirements of the City CONSEOUENCES.CONSULTATION WITH AN A ome . ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR Insert P: The surety bond shall be in the following penal sums: MODIFICATION.AUTHENTICATION OF THIS Insert Q: Performance Bond: 100% of agreement sum plus Washington State Sales ELECTRONICALLY DRAFTED AIA Tax DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. Insert R: Labor and Material Payment: 100% of agreement sum plus Washington State Sales Tax This document has been approved and 1 endorsed by The Associated General Insert S: The Contractor guarantees the excellence of both quality of work and Contractors of America. materat, and the payment of all obligations incurred until the provisions of the Contract Document are fulfilled. tInsert T: In lieu of furnishing a Material and Payment Bond on contracts of twenty-five thousand dollars or less. at the option of the Contractor. the City may in lieu of the bond, retain fifth percent of the contract amount for a period of sixty days after date of 1 final acceptance, or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW. whichever is later. - 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. tARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK ' 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents,it must,if required in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. ' 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract f Documents,costs of uncovering and replacement shall,by appropriate Change Order,be at the Owners expense. If such Work is not in accordance with the Contract Documents,correction shall be at the Contractors expense unless the condition was caused by the Owner or a separate 01997 AIA® contractor in which event the Owner shall be responsible for payment of such costs. AIA DOCUMENT A201-1997 ' GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 11, 1915, 1918, 1 5, 37, 15 , 1958, 1961, 1963, 1966, 1967, 197U, 7 , 98 , 0 7 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. 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 1 the date of expiration as noted below.expiration as noted below. User Document:2003-238aa 97x201 genl cond.aia--11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 41 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 THIS DOCUMENT HAS IMPORTANT LEGAL correct it promptly after receipt of written notice from the Owner to do so unless the Owner CONSEQUENCES.CONSULTATION WITH AN has previously given the Contractor a written acceptance of such condition. The Owner shall ATTORNEY 15 ENCOURAGED WITH give such notice promptly after discovery of the condition. During the one-year period for RESPECT TO ITS COMPLETION OR correction of Work, if the Owner fails to notify the Contractor and give the Contractor an MODIFICATION.AUTHENTICATION OF THIS opportunity to make the correction,the Owner waives the rights to require correction by the ELECTRONICALLY DRAFTED AIA Contractor and to make a claim for breach of warranty. If the Contractor fails to correct DOCUMENT MAY BE MADE BY U51NG AIA nonconforming Work within a reasonable time during that period after receipt of notice from DOCUMENT D401. the Owner or Architect,the Owner may correct it in accordance with Paragraph 2.4. This document has been approved and 12.2.2.2 The one-year period for correction of Work shall be extended with respect to endorsed by The Associated General portions of Work first performed after Substantial Completion by the period of time between Contractors of America. Substantial Completion and the actual performance of the Work. Insert U: 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 V• As directed by Architect replace entirely at no additional cost to Owner. any j work requiring repeated service other than normal maintenance during guarantee g e 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, , whether completed or partially completed,of the Owner or separate contractors caused by the -1 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 01997 Acne limitation with respect to other obligations which the Contractor might have under the AIA DOCUMENT A201-1997 Contract Documents.Establishment of the one-year period for correction of Work as described GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 0,-1976, 1 7, 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: 2003-238aa 97a201 genl ' cond.aia-11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 42 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. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 13.2 SUCCESSORS AND ASSIGNS ATTORNEY IS ENCOURAGED WITH 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, RESPECT TO ITS COMPLETION OR assigns and legal representatives to the other party hereto and to partners, successors, assigns MODIFICATION.AUTHENTICATION OF THIS and legal representatives of such other party in respect to covenants, agreements and ELECTRONICALLY DRAFTED AIA obligations contained in the Contract Documents. Except as provided in Subparagraph 13.2.2, DOCUMENT MAY BE MADE BY USING AIA neither party to the Contract shall assign the Contract as a whole without written consent of DOCUMENT D401. the other. If either party attempts to make such an assignment without such consent,that party This document has been approved and shall nevertheless remain legally responsible for all obligations under the Contract. endorsed by The associated General 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an Contractors of America. 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 M individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS ' 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having ws4 A ' jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor f 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 01997 AIA® ' timely notice of when and where tests and inspections are to be made so that the Architect may AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE ))Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 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 1 the date of expiration as noted below.expiration as noted below. User Document: 2003-238aa 97a201 genl cond.aia--11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 43 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 THIS DOCUMENT HAS IMPORTANT LEGAL Contractors expense. CONSEQUENCES.CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH 13.5.4 ms,Required certificates of testing,inspection approval shall,unless otherwise required RESPECT TO ITS COMPLETION OR q g or a PP q MODIFICATION.AUTHENTICATION OF THIS by the Contract Documents, be secured by the Contractor and promptly delivered to the ELECTRONICALLY DRAFTED AIA Architect. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT MI. 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 This document has been approved and testing. endorsed by The Associated General Contractors of America. 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 to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of , Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment;and , .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of f• _ 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 '"'AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION n opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 7 , 1987, 0 199 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. 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:2003-238aa 97a201 gent ' cond.aia—11!7/2003.AIA License Number 1008538,which expires on 5/20/2004. 44 L i 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 THIS DOCUMENT HAS IMPORTANT LEGAL notified the Contractor of the reason for withholding certification as provided in CONSEQUENCES.CONSULTATION WITH AN Subparagraph 9.4.1,or because the Owner has not made payment on a Certificate ATTORNEY 15 ENCOURAGED WITH for Payment within the time stated in the Contract Documents;or RESPECT TO ITS COMPLETION OR .4 the Owner has failed to furnish to the Contractor promptly, upon the MODIFICATION.AUTHENTICATION OF THIS Contractors request,reasonable evidence as required by Subparagraph 2.2.1. ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the DOCUMENT D401. Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other This document has been approved and persons or entities performing portions of the Work under direct or indirect contract with the endorsed by The Associated General Contractor,repeated suspensions,delays or interruptions of the entire Work by the Owner as Contractors of America. 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 1 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 failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' ' written notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Subparagraph 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor. 1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; ' .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction;or V;�; .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 01997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ))Copyright 111, 115, 11 , 1 5, 137, 1951, 1958, 1 1, 1963, 1966, 1967, 17 , 1976, 1 7, 01997 by Te 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:2003-238aa 978201 genl cond.aia--11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 45 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. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, ATTORNEY IS ENCOURAGED WITH including compensation for the Architect's services and expenses made necessary thereby,and RESPECT TO ITS COMPLETION OR other damages incurred by the Owner and not expressly waived,such excess shall be paid to the MODIFICATION.AUTHENTICATION OF THIS Contractor. If such costs and damages exceed the unpaid balance,the Contractor shall pay the ELECTRONICALLY DRAFTED AIA difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may DOCUMENT MAY BE MADE BY USING AIA be, shall be certified by the Architect, upon application, and this obligation for payment shall DOCUMENT D401. survive termination of the Contract. This document has been approved and Insert W 14.2.5. In the event of termination of the Contract because of Contractor's endorsed by The Associated Genera! Contractors of America. 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 .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience,the Contractor shall: , 1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and ,. preservation of the Work;and .3 except for Work directed to be performed prior to the effective date of P P P , termination stated in the notice,terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 01997"�"® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION u opyngt111, 195, 1918, 1925—, l-9-T7-, 1951, 195 , 1961, 1963, 196 , 1967, 1970, 1976, 1 197 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: 2003-238aa 97a201 genl , cond.aia—11!1/2003.AIA License Number 1008538,which expires on 5/20/2004. 46 Insert X: .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. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. MW r i .R*.;_ 01997 AIA® AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION n opyng t 1911, 191 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 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:2003-238aa 97x201 gent cond.aia—11/7/2003.AIA License Number 1008538,which expires on 5/20/2004. 47 KIWANIS PARK IMPROVEMENT PROJECT MODIFICATIONS TO GENERAL CONDITIONS ' SECTION 00810 I 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 r t 2003-238aa 00810 PAGE 1 1 ' KIWANIS PARK IMPROVEMENT PROJECT SPECIAL CONDITIONS ' SECTION 00900 1. COMPLIANCE WITH WAGE RATES AND FILING OF INTENT TO PAY PREVAILING WAGES" HEREINAFTER CALLED "INTENT"AND "AFFIDAVIT OF WAGES PAID" A. The Contractor and Subcontractors shall comply with 39.12 RCW and amendments 'Prevailing Wages on Public Works." For the most recent State Promulgated Wage Rates refer to the end of this section or the website www.ini.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 I 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. 2003-238aa 00900 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT r 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. 2003-238aa 00900 PAGE 2 ' KIWANIS PARK IMPROVEMENT PROJECT 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 WITH PREVAILING RATES FOR PUBLIC WORKS CONTRACTS FOLLOWING THIS SECTION 2003-238aa 00900 PAGE 3 State of Washington DEPARTMENT OF LABOR AND INDUSTRIES Prevailing Wage Section-Telephone(360)902-5335 PO Box 44540,Olympia,WA 98504-4540 Washington State Prevailing Wage Rates For Public Works Contracts ' The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects,workers'wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements is provided on the Benefit Code Key. KING COUNTY Effective 08-31-03 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code ' ASBESTOS ABATEMENT WORKERS JOURNEY LEVEL $31.86 1N 5D BOILERMAKERS JOURNEY LEVEL $33.32 1 BRICK AND MARBLE MASONS JOURNEY LEVEL $38.37 1M 5A CABINET MAKERS(IN SHOP) JOURNEY LEVEL $16.67 1 ' CARPENTERS ACOUSTICAL WORKER $38.06 1M 5D BRIDGE,DOCK AND WARF CARPENTERS $37.90 1M 5D CARPENTER $37.90 1M 5D CREOSOTED MATERIAL $38.00 1M 5D DRYWALL APPLICATOR $38.74 1M 5D FLOOR FINISHER $38.03 1M 5D FLOOR LAYER $38.03 1M 5D FLOOR SANDER $38.03 1M 5D MILLWRIGHT AND MACHINE ERECTORS $38.90 1M 5D PILEDRIVERS,DRIVING,PULLING,PLACING COLLARS AND WELDING $38.10 1M 5D SAWFILER $38.03 1M 5D SHINGLER $38.03 1M 5D ' STATIONARY POWER SAW OPERATOR $38.03 1M 5D STATIONARY WOODWORKING TOOLS $38.03 1M 5D CEMENT MASONS JOURNEY LEVEL $38.94 1M 5D DIVERS 8,TENDERS DIVER $79.57 IM 5D 8A DIVER TENDER $40.67 1M 5D DREDGE WORKERS ASSISTANT ENGINEER $37.22 1B 5D 8L ' ASSISTANT MATE(DECKHAND) $36.78 113 5D 8L BOATMEN $37.22 1 B 5D 8L ENGINEER WELDER $37.27 1B 5D 8L LEVERMAN,HYDRAULIC $38.66 113 5D 8L MAINTENANCE $36.78 113 5D 8L MATES $37.22 1B 5D 8L OILER $36.88 113 5D 8L DRYWALL TAPERS ' JOURNEY LEVEL $38.59 11 5B ELECTRICAL FIXTURE MAINTENANCE WORKERS JOURNEY LEVEL $18.69 1 II � Page 1 KING COUNTY Effective 08-31-03 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code ' ELECTRICIANS-INSIDE CABLE SPLICER $48.36 1D 6H CABLE SPLICER(TUNNEL) $52.24 1D 6H ' CERTIFIED WELDER $46.59 1D 6H CERTIFIED WELDER(TUNNEL) $50.30 1D 6H CONSTRUCTION STOCK PERSON $24.33 1D 6H JOURNEY LEVEL $44.83 1D 6H JOURNEY LEVEL(TUNNEL) $48.36 1D 6H ELECTRICIANS-MOTOR SHOP CRAFTSMAN $15.37 2A 6C JOURNEY LEVEL $14.69 2A 6C ELECTRICIANS-POWERLINE CONSTRUCTION ' CABLE SPLICER $47.12 4A 5A CERTIFIED LINE WELDER $42.90 4A 5A GROUNDPERSON $30.59 4A 5A HEAD GROUNDPERSON $32.34 4A 5A ' HEAVY LINE EQUIPMENT OPERATOR $42.90 4A 5A JACKHAMMER OPERATOR $32.34 4A 5A JOURNEY LEVEL LINEPERSON $42.90 4A 5A LINE EQUIPMENT OPERATOR $36.21 4A 5A POLE SPRAYER $42.90 4A 5A POWDERPERSON $32.34 4A 5A ELECTRONIC&TELECOMMUNICATION TECHNICIANS JOURNEY LEVEL $12.07 1 ELEVATOR CONSTRUCTORS ' MECHANIC $46.46 4A 6Q MECHANIC IN CHARGE $51.14 4A 6Q FABRICATED PRECAST CONCRETE PRODUCTS ALL CLASSIFICATIONS $11.35 2K 6S ' FENCE ERECTORS FENCE ERECTOR $18.71 1 FENCE LABORER $12,77 1 FLAGGERS , JOURNEY LEVEL $27.18 IN 5D GLAZIERS JOURNEY LEVEL $38.21 2E 5G HEAT&FROST INSULATORS AND ASBESTOS WORKERS MECHANIC $39.93 IF 5E HEATING EQUIPMENT MECHANICS MECHANIC $33.65 1 HOD CARRIERS&MASON TENDERS JOURNEY LEVEL $32.34 1 N 5D , INDUSTRIAL ENGINE AND MACHINE MECHANICS MECHANIC $15.65 1 INDUSTRIAL POWER VACUUM CLEANER JOURNEY LEVEL $9.07 1 ' INLAND BOATMEN CAPTAIN $33.50 1K 513 COOK $28.96 1K 5B DECKHAND $28.16 1K 513 ' ENGINEER/DECKHAND $30.61 1K 5B MATE,LAUNCH OPERATOR $32.05 1K 5B Page 2 ' KING COUNTY Effective 08-31-03 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code INSPECTION/CLEANING/SEALING OF SEWER&WATER SYSTEMS BY REMOTE CONTROL ' CLEANER OPERATOR,FOAMER OPERATOR $9.73 1 GROUT TRUCK OPERATOR $11.48 1 HEAD OPERATOR $12.78 1 TECHNICIAN $7.01 1 ' TV TRUCK OPERATOR $10.53 1 INSULATION APPLICATORS JOURNEY LEVEL $37.90 1M 5D IRONWORKERS JOURNEY LEVEL $41.02 1B 5A ' LABORERS ASPHALT RAKER $32.34 1N 5D BALLAST REGULATOR MACHINE $31.86 1N 5D BATCH WEIGHMAN $27.18 1N 5D ' BRUSH CUTTER $31.86 1N 5D BRUSH HOG FEEDER $31.86 1N 5D BURNERS $31.86 1N 5D CARPENTER TENDER $31.86 1 N 5D CASSION WORKER $32.70 1N 5D CEMENT DUMPER/PAVING $32.34 1N 5D CEMENT FINISHER TENDER $31.86 1N 5D CHANGE-HOUSE MAN OR DRY SHACKMAN $31.86 1N 5D CHIPPING GUN(OVER 30 LBS) $32.34 1N 5D CHIPPING GUN(UNDER 30 LBS) $31.86 1N 5D CHOKER SETTER $31.86 1N 5D CHUCK TENDER $31.86 1 N 5D ' CLEAN-UP LABORER $31.86 1N 5D CONCRETE DUMPER/CHUTE OPERATOR $32.34 1N 5D CONCRETE FORM STRIPPER $31.86 1N 5D CONCRETE SAW OPERATOR $32.34 1 N 5D CRUSHER FEEDER $27.18 1N 5D CURING LABORER $31.86 1 N 5D DEMOLITION,WRECKING&MOVING(INCLUDING CHARRED $31.86 1 N 5D DITCH DIGGER $31.86 1 N 5D DIVER $32.70 1N 5D ' DRILL OPERATOR(HYDRAULIC,DIAMOND) $32.34 1 N 5D DRILL OPERATOR,AIRTRAC $32.70 1 N 5D DUMPMAN $31.86 1N 5D EPDXY TECHNICIAN $31.86 1 N 5D ' EROSION CONTROL WORKER $31.86 1N 5D FALLER/BUCKER,CHAIN SAW $32.34 1N 5D FINAL DETAIL CLEANUP(i.e.,dusting,vacuuming,window cleaning;NOT $24.86 1 N 5D construction debris cleanup) FINE GRADERS $31.86 1 N 5D FIRE WATCH $27.18 1N 5D FORM SETTER $31.86 1 N 5D GABION BASKET BUILDER $31.86 1 N 5D GENERAL LABORER $31.86 1 N 5D GRADE CHECKER&TRANSIT PERSON $32.34 1 N 5D GRINDERS $31.86 1N 5D GROUT MACHINE TENDER $31.86 1 N 5D 1 Page 3 KING COUNTY Effective 08-31-03 ' (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code GUARDRAIL ERECTOR $31.86 IN 5D HAZARDOUS WASTE WORKER LEVEL A $32.70 IN 5D HAZARDOUS WASTE WORKER LEVEL B $32.34 IN 5D , HAZARDOUS WASTE WORKER LEVEL C $31.86 IN 5D HIGH SCALER $32.70 IN 5D HOD CARRIER/MORTARMAN $32.34 IN 5D JACKHAMMER $32.34 IN 5D ' LASER BEAM OPERATOR $32.34 IN 5D MANHOLE BUILDER-MUDMAN $32.34 IN 5D MATERIAL YARDMAN $31.86 1 N 5D MINER $32.70 1N 5D NOZZLEMAN,CONCRETE PUMP,GREEN CUTTER WHEN USING HIGH $32.34 1N 5D ' PRESSURE AIR&WATER ON CONCRETE&ROCK,SANDBLAST, GUNITE,SHOTCRETE,WATER BLASTER PAVEMENT BREAKER $32.34 1 N 5D PILOT CAR $27.18 1 N 5D ' PIPE POT TENDER $32.34 1 N 5D PIPE RELINER(NOT INSERT TYPE) $32.34 1 N 5D PIPELAYER&CAULKER $32.34 IN 5D PIPELAYER&CAULKER(LEAD) $32.70 IN 5D PIPEWRAPPER $32.34 IN 5D ' POT TENDER $31.86 IN 5D POWDERMAN $32.70 IN 5D POWDERMAN HELPER $31.86 IN 5D POWERJACKS $32.34 IN 5D ' RAILROAD SPIKE PULLER(POWER) $32.34 1 N 5D RE-TIMBERMAN $32.70 1N 5D RIPRAP MAN $31.86 IN 5D ' RODDER $32.34 IN 5D SCAFFOLD ERECTOR $31.86 IN 5D SCALE PERSON $31.86 1 N 5D SIGNALMAN $31.86 IN 5D SLOPER(OVER 20") $32.34 IN 5D SLOPER SPRAYMAN $31.86 IN 5D SPREADER(GLARY POWER OR SIMILAR TYPES) $32.34 IN 5D SPREADER(CONCRETE) $32.34 1 N 5D ' STAKE HOPPER $31.86 1 N 5D STOCKPILER $31.86 1N 5D TAMPER&SIMILAR ELECTRIC,AIR&GAS $32.34 1 N 5D TAMPER(MULTIPLE&SELF PROPELLED) $32.34 1 N 5D TOOLROOM MAN(AT JOB SITE) $31.86 1 N 5D , TOPPER-TAILER $31.86 1N 5D TRACKLABORER $31.86 1N 5D TRACK LINER(POWER) $32.34 1 N 5D TRUCK SPOTTER $31.86 1 N 5D TUGGER OPERATOR $32.34 1N 5D VIBRATING SCREED(AIR,GAS,OR ELECTRIC) $31.86 1N 5D VIBRATOR $32.34 1 N 5D VINYL SEAMER $31.86 1 N 5D ' WELDER $31.86 1 N 5D WELL-POINT LABORER $32.34 1 N 5D Page 4 ' ' KING COUNTY Effective 08-31-03 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code LABORERS-UNDERGROUND SEWER&WATER GENERALLABORER $31.86 IN 5D PIPE LAYER $32.34 1 N 5D LANDSCAPE CONSTRUCTION IRRIGATION OR LAWN SPRINKLER INSTALLERS $11.07 1 LANDSCAPE EQUIPMENT OPERATORS OR TRUCK DRIVERS $10.63 1 LANDSCAPING OR PLANTING LABORERS $8.42 1 LATHERS JOURNEY LEVEL $38.74 1M 5D MACHINISTS(HYDROELECTRIC SITE WORK) MACHINIST $16.84 1 METAL FABRICATION(IN SHOP) FITTER $15.86 1 LABORER $9.78 1 MACHINE OPERATOR $13.04 1 PAINTER $11.10 1 WELDER $15.48 1 MODULAR BUILDINGS CABINET ASSEMBLY $11.56 1 ELECTRICIAN $11.56 1 EQUIPMENT MAINTENANCE $11.56 1 PLUMBER $11.56 1 PRODUCTION WORKER $9.26 1 TOOL MAINTENANCE $11.56 1 UTILITY PERSON $11.56 1 WELDER $11.56 1 PAINTERS JOURNEY LEVEL $29.60 2B 5A PLASTERERS JOURNEY LEVEL $39.33 1R 5A PLAYGROUND&PARK EQUIPMENT INSTALLERS JOURNEY LEVEL $8.42 1 PLUMBERS&PIPEFITTERS JOURNEY LEVEL $47.81 1G 5A POWER EQUIPMENT OPERATORS ASSISTANT ENGINEERS $36.19 IT 5D 8L BACKHOE,EXCAVATOR,SHOVEL (3 YD&UNDER) $38.73 IT 5D 8L BACKHOE,EXCAVATOR,SHOVEL (OVER 3 YD&UNDER 6 YD) $39.19 IT 5D 8L �j BACKHOE,EXCAVATOR,SHOVEL(6 YD AND OVER WITH $39.70 IT 5D 8L BACKHOES, (75 HP&UNDER) $38.36 IT 5D 8L BACKHOES, (OVER 75 HP) $38.73 IT 5D 8L BARRIER MACHINE(ZIPPER) $38.73 IT 5D 8L BATCH PLANT OPERATOR,CONCRETE $38.73 IT 5D 8L BELT LOADERS(ELEVATING TYPE) $38.36 IT 5D 8L BOBCAT $36.19 IT 5D 8L ' $36BROOMS .1 9 IT 5D 8L BUMP CUTTER $38.73 IT 5D 8L CABLEWAYS $39.19 IT 5D 8L CHIPPER $38.73 IT 5D 8L COMPRESSORS $36.19 IT 5D 8L CONCRETE FINISH MACHINE-LASER SCREED $36.19 IT 5D 8L CONCRETE PUMPS $38.36 IT 5D 8L Page 5 �t KING COUNTY Effective 08-31-03 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code CONCRETE PUMP-TRUCK MOUNT WITH BOOM ATTACHMENT $38.73 IT 5D 8L CONVEYORS $38.36 IT 5D 8L CRANES, THRU 19 TONS,WITH ATTACHMENTS $38.36 IT 5D 8L CRANES, 20-44 TONS,WITH ATTACHMENTS $38.73 IT 5D 8L CRANES, 45 TONS-99 TONS,UNDER 150 FT OF BOOM(INCLUDING $39.19 IT 5D 8L JIB WITH ATACHMENTS) CRANES,100 TONS-199 TONS,OR 150 FT OF BOOM(INCLUDING JIB $39.70 IT 5D 8L , WITH ATTACHMENTS) CRANES,200 TONS TO 300 TONS,OR 250 FT OF BOOM(INCLUDING JIB $40.21 IT 5D 8L WITH ATTACHMENTS) CRANES,A-FRAME, 10 TON AND UNDER $36.19 IT 5D 8L CRANES,A-FRAME,OVER 10 TON $38.36 IT 5D 8L CRANES,OVER 300 TONS,OR 300'OF BOOM INCLUDING JIB WITH $40.73 IT 5D 8L ATTACHMENTS CRANES,OVERHEAD,BRIDGE TYPE(20-44 TONS) $38.73 IT 5D 8L CRANES,OVERHEAD,BRIDGE TYPE(45-99 TONS) $39.19 IT 5D 8L CRANES,OVERHEAD,BRIDGE TYPE(100 TONS&OVER) $39.70 IT 5D 8L CRANES,TOWER CRANE UP TO 175'IN HEIGHT,BASE TO BOOM $39.70 IT 5D 8L CRANES,TOWER CRANE OVER 175'IN HEIGHT,BASE TO BOOM $40.21 IT 5D 8L CRUSHERS $38.73 IT 5D 8L DECK ENGINEER/DECK WINCHES(POWER) $38.73 IT 5D 8L DERRICK,BUILDING $39.19 IT 5D 8L DOZERS,D-9&UNDER $38.36 IT 5D 8L DRILL OILERS-AUGER TYPE,TRUCK OR CRANE MOUNT $38.36 IT 5D 8L DRILLING MACHINE $38.73 IT 5D 8L ELEVATOR AND MANLIFT,PERMANENT AND SHAFT-TYPE $36.19 IT 5D 8L EQUIPMENT SERVICE ENGINEER(OILER) $38.36 IT 5D 8L FINISHING MACHINEIBIDWELL GAMACO AND SIMILAR EQUIP $38.73 IT 5D 8L FORK LIFTS,(3000 LBS AND OVER) $38.36 IT 5D 8L FORK LIFTS,(UNDER 3000 LBS) $36.19 IT 5D 8L GRADE ENGINEER $38.36 IT 5D 8L GRADECHECKER AND STAKEMAN $36.19 IT 5D 8L GUARDRAIL PUNCH $38.73 IT 5D 8L HOISTS,OUTSIDE(ELEVATORS AND MANLIFTS),AIR TUGGERS $38.36 IT 5D 8L HORIZONTAUDIRECTIONAL DRILL LOCATOR $38.36 IT 5D 8L HORIZONTAUDIRECTIONAL DRILL OPERATOR $38.73 IT 5D 8L HYDRALIFTS/BOOM TRUCKS(10 TON&UNDER) $36.19 IT 5D 8L HYDRALIFTS/BOOM TRUCKS(OVER 10 TON) $38.36 IT 5D 8L LOADERS,OVERHEAD(6 YD UP TO 8 YD) $39.19 IT 5D 8L LOADERS,OVERHEAD(8 YD&OVER) $39.70 IT 5D 8L LOADERS,OVERHEAD(UNDER 6 YD),PLANT FEED $38.73 IT 5D 8L LOCOMOTIVES,ALL $38.73 IT 5D 8L MECHANICS,ALL $39.19 IT 5D 8L MIXERS,ASPHALT PLANT $38.73 IT 5D 8L MOTOR PATROL GRADER(FINISHING) $38.73 IT 5D 8L MOTOR PATROL GRADER(NON-FINISHING) $38.36 IT 5D 8L MUCKING MACHINE,MOLE,TUNNEL DRILL AND/OR SHIELD $39.19 IT 5D 8L OIL DISTRIBUTORS,BLOWER DISTRIBUTION AND MULCH SEEDING $36.19 IT 5D 8L OPERATOR PAVEMENT BREAKER $36.19 IT 5D 8L PILEDRIVER(OTHER THAN CRANE MOUNT) $38.73 IT 5D 8L PLANT OILER(ASPHALT,CRUSHER) $38.36 IT 5D 8L POSTHOLE DIGGER,MECHANICAL $36.19 IT 5D 8L Page 6 �. KING COUNTY Effective 08-31-03 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code POWER PLANT $36.19 IT 5D 8L PUMPS,WATER $36.19 IT 5D 8L QUAD 9,D-10,AND HD-41 $39.19 IT 5D 8L REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING $39.19 IT 5D 8L EQUIP RIGGER AND BELLMAN $36.19 IT 5D 8L ROLLAGON $39.19 IT 5D 8L ROLLER,OTHER THAN PLANT ROAD MIX $36.19 IT 5D 8L ROLLERS,PLANTMIX OR MULTILIFT MATERIALS $38.36 IT 5D 8L ROTO-MILL,ROTO-GRINDER $38.73 IT 5D 8L SAWS,CONCRETE $38.36 IT 5D 8L SCRAPERS-SELF PROPELLED,HARD TAIL END DUMP,ARTICULATING $38.73 IT 5D 8L OFF-ROAD EQUIPMENT(UNDER 45 YD) SCRAPERS-SELF PROPELLED,HARD TAIL END DUMP,ARTICULATING $39.19 IT 5D 8L OFF-ROAD EQUIPMENT(45 YD AND OVER) SCRAPERS,CONCRETE AND CARRY ALL $38.36 IT 5D 8L SCREED MAN $38.73 IT 5D 8L SHOTCRETE GUNITE $36.19 IT 5D 8L SLIPFORM PAVERS $39.19 IT 5D 8L SPREADER,TOPSIDE OPERATOR-BLAW KNOX $38.73 IT 5D 8L SUBGRADE TRIMMER $38.73 IT 5D 8L TOWER BUCKET ELEVATORS $38.36 IT 5D 8L TRACTORS,(75 HP&UNDER) $38.36 IT 5D 8L TRACTORS,(OVER 75 HP) $38.73 IT 5D 8L TRANSFER MATERIAL SERVICE MACHINE $38.73 IT 5D 8L TRANSPORTERS,ALL TRACK OR TRUCK TYPE $39.19 IT 5D 8L TRENCHING MACHINES $38.36 IT 5D 8L TRUCK CRANE OILER/DRIVER(UNDER 100 TON) $38.36 IT 5D 8L TRUCK CRANE OILER/DRIVER(100 TON&OVER) $38.73 IT 5D 8L TRUCK MOUNT PORTABLE CONVEYER $38.73 IT 5D 8L WHEEL TRACTORS,FARMALL TYPE $36.19 IT 5D 8L YO YO PAY DOZER $38.73 IT 5D 8L POWER EQUIPMENT OPERATORS-UNDERGROUND SEWER& (SEE POWER EQUIPMENT OPERATORS) POWER LINE CLEARANCE TREE TRIMMERS JOURNEY LEVEL IN CHARGE $31.05 4A 5A SPRAY PERSON $29.39 4A 5A TREE EQUIPMENT OPERATOR $29.79 4A 5A TREE TRIMMER $27.60 4A 5A TREE TRIMMER GROUNDPERSON $20.28 4A 5A REFRIGERATION&AIR CONDITIONING MECHANICS MECHANIC $45.51 1G 5A RESIDENTIAL BRICK&MARBLE MASONS JOURNEY LEVEL $27.05 1 RESIDENTIAL CARPENTERS JOURNEY LEVEL $23.47 1 RESIDENTIAL CEMENT MASONS JOURNEY LEVEL $22.64 1 RESIDENTIAL DRYWALL TAPERS JOURNEY LEVEL $38.59 11 5B RESIDENTIAL ELECTRICIANS JOURNEY LEVEL $26.24 1 Page 7 I KING COUNTY i Effective 08-31-03 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code RESIDENTIAL GLAZIERS JOURNEY LEVEL $28.04 2E 5G RESIDENTIAL INSULATION APPLICATORS JOURNEY LEVEL $17.60 1 RESIDENTIAL LABORERS JOURNEY LEVEL $18.12 1 RESIDENTIAL PAINTERS JOURNEY LEVEL $18.36 1 RESIDENTIAL PLUMBERS&PIPEFITTERS JOURNEY LEVEL $22.95 1 RESIDENTIAL REFRIGERATION&AIR CONDITIONING JOURNEY LEVEL $45.51 1G 5A RESIDENTIAL SHEET METAL WORKERS JOURNEY LEVEL(FIELD OR SHOP) $19.48 1 RESIDENTIAL SOFT FLOOR LAYERS JOURNEY LEVEL $31.27 1B 5A RESIDENTIAL SPRINKLER FITTERS(FIRE PROTECTION) JOURNEY LEVEL $24.86 1B 5C RESIDENTIAL TERRAZZO/TILE FINISHERS JOURNEY LEVEL $26.30 1 RESIDENTIAL TERRAZZO/TILE SETTERS JOURNEY LEVEL $35.63 1H 5A ROOFERS JOURNEY LEVEL $34.53 1R 5A USING IRRITABLE BITUMINOUS MATERIALS $37.53 1R 5A SHEET METAL WORKERS JOURNEY LEVEL(FIELD OR SHOP) $45.18 11 6L SIGN MAKERS&INSTALLERS(ELECTRICAL) SIGN INSTALLER $23.36 1 SIGN MAKER $16.84 1 SIGN MAKERS&INSTALLERS(NON-ELECTRICAL) SIGN INSTALLER $17.31 1 SIGN MAKER $15.61 1 SOFT FLOOR LAYERS JOURNEY LEVEL $31.27 1B 5A SOLAR CONTROLS FOR WINDOWS JOURNEY LEVEL $12.44 1 5S SPRINKLER FITTERS(FIRE PROTECTION) JOURNEY LEVEL $45.84 1 B 5C STAGE RIGGING MECHANICS(NON STRUCTURAL) JOURNEY LEVEL $13.23 1 SURVEYORS CHAIN PERSON $9.35 1 INSTRUMENT PERSON $11.40 1 PARTY CHIEF $13.40 1 TELEPHONE LINE CONSTRUCTION-OUTSIDE CABLE SPLICER $25.42 2B 5A HOLE DIGGER/GROUND PERSON $13.51 213 5A INSTALLER(REPAIRER) $24.31 2B 5A JOURNEY LEVEL TELEPHONE LINEPERSON $23.53 2B 5A SPECIAL APPARATUS INSTALLER 1 $25.42 2B 5A SPECIAL APPARATUS INSTALLER II $24.87 2B 5A Page 8 KING COUNTY Effective 08-31-03 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code TELEPHONE EQUIPMENT OPERATOR(HEAVY) $25.42 2B 5A TELEPHONE EQUIPMENT OPERATOR(LIGHT) $23.53 2B 5A TELEVISION GROUND PERSON $12.73 26 5A TELEVISION LINEPERSON/INSTALLER $17.47 2B 5A TELEVISION SYSTEM TECHNICIAN $21.10 2B 5A TELEVISION TECHNICIAN $18.82 2B 5A TREE TRIMMER $23.53 2B 5A TERRAZZO WORKERS&TILE SETTERS JOURNEY LEVEL $35.63 1 H 5A TILE,MARBLE&TERRAZZO FINISHERS FINISHER $29.46 1H 5A TRAFFIC CONTROL STRIPERS JOURNEY LEVEL $30.40 1 K 5A TRUCK DRIVERS ASPHALT MIX(TO 16 YARDS) $35.89 IT 5D 8L ASPHALT MIX(OVER 16 YARDS) $36.47 IT 5D 8L DUMPTRUCK $35.89 IT 5D 8L DUMP TRUCK&TRAILER $36.47 IT 5D 8L OTHER TRUCKS $36.47 IT 5D 8L TRANSIT MIXER $23.45 1 WELL DRILLERS&IRRIGATION PUMP INSTALLERS IRRIGATION PUMP INSTALLER $17.71 1 OILER $12,97 1 WELL DRILLER $17.68 1 Page 9 KIWANIS PARK IMPROVEMENT PROJECT BOND TO THE CITY OF RENTON FORM SECTION 00910 KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned as principal,and corporation organized and existing under the laws of the State of as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum$ 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 Projed 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 2003-238aa 00910 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT 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) • Property Broad Form � Damage 9 • 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 2003-238aa 00920 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT 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. 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 material) 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—endeaueF to mail 45 days written notice to the certificate holder named to the left. But failWe to mail GUGh R9tiGe shall " 1 obligation eF liability of any kind upon the GempaRy, 46 ageRtS eF FepFesentatives 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. 2003-238aa 00920 PAGE 2 I KIWANIS PARK IMPROVEMENT PROJECT 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 2003-238aa 00920 PAGE 3 t i 1 ' 1 1 � GENERAL REQUIREMENTS � DIVISION 1 1 � 1 KIWANIS PARK IMPROVEMENT PROJECT 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 of an existing parking lot, earthwork, grading, drainage, electrical, irrigation modifications and installation, asphalt/concrete construction of new pathway, landscaping, planting and sod installation, construction of a new wooden rail system, and installation of new bollards. 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 easures to ensure public safety must be taken. ry P Y 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. l END OF SECTION 2003-238aa 01010 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT SPECIAL PROVISIONS SECTION 01015 PART1 GENERAL 1.01 SPECIAL PROVISIONS A. The following items, as Special Provisions of the Owner, are hereby made a part of this Contract Document in addition to the Conditions and �. Supplementary Conditions. B. Should conflicts occur between these Provisions and the Conditions and Supplementary Conditions, the Special Provisions govern. 1.02 ORGANIZATION & FORMAT OF SPECIFICATIONS A. Organization: Division and paragraph numbers, as listed in the "Table of Contents" of the Project Manual and the items of work included under the headings generally conform with the "Master Format" of the Construction Specification Institute. Numbering of paragraphs and divisions is merely for convenience and identification and may not be consecutive; the Contractor shall check his copies of the Contract Documents with the specification index and drawing index to be sure that they are complete. Trade headings are used in the specifications for convenience only. The Owner is not bound to define the limits of any subcontractors. B. Format: These specifications are of the abbreviated or"streamlined" type, and. j 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 2003-238aa 01015 PAGE 1 1 KIWANIS PARK IMPROVEMENT PROJECT j 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. 2003-238aa 01015 PAGE 2 KIWANIS PARK IMPROVEMENT PROJECT 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 2003-238aa 01015 PAGE 3 KIWANIS PARK IMPROVEMENT PROJECT j 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 : If h i L qu dated Damages 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 2003-238aa 01015 PAGE 4 iKIWANIS PARK IMPROVEMENT PROJECT 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, 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. 1 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 1 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. 2003-238aa 01015 PAGE 5 KIWANIS PARK IMPROVEMENT PROJECT , 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. 2003-238aa 01015 PAGE 6 KIWANIS PARK IMPROVEMENT PROJECT 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 j 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 f 2003-238aa 01015 PAGE 7 KIWANIS PARK IMPROVEMENT PROJECT APPLICATION FOR PAYMENT SECTION 01027 PART1 GENERAL ' 1.01 SECTION INCLUDES Submit Application for Payment based upon Schedule of Values previously submitted to and approved by the Owner's Representative. 1.02 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: AIA Doc G702 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"O." 3. At end of continuation sheets, list each Change Order approved prior to 1 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 2003-238aa 01027 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT CHANGE ORDERS SECTION 01028 PART1 GENERAL 1 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 jA. 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 1 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. 1 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. 2003-238aa 01028 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT 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. 2003-238aa 01028 PAGE 2 ' KIWANIS PARK IMPROVEMENT PROJECT CHANGE ORDERS SECTION 01028 B. Promptly revise construction schedules to reflect any change in Contract Time, I 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 2003-238aa 01028 PAGE 3 KIWANIS PARK IMPROVEMENT PROJECT REGULATORY REQUIREMENTS 1 SECTION 01060 PART1 GENERAL 1 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 1 inspection comments be made in writing and cite specific sections of code, rules or regulations being referenced. END OF SECTION l 2003-238aa 01060 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT SHOP DRAWINGS, PRODUCT DATA, &SAMPLES SECTION 01340 PART1 GENERAL 1.01 SECTION INCLUDES Submit Shop Drawings, Product Data and Samples required by the Contract Documents. 1 PART 2 PRODUCTS 2.01 PRODUCT DATA Clearly identify on each copy, as applicable: 1 • Pertinent products or models; performance characteristics 2.02 SAMPLES jOffice 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. 1 6.- Satisfactory performance of your work, and the like. END OF SECTION 2003-238aa 01340 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT 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 1 specified acceptable standards and with Contract Documents. END OF SECTION 2003-238aa 01400 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT INSPECTIONS &TESTS SECTION 01430 PART1 GENERAL 1.01 SCOPE When testing is required, special inspection and laboratory services obtained by the 1 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 1 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 1.05 DUTIES OF INSPECTORS AND TESTING SERVICES A. General: Inspection and testing services may be engaged by the Owner for the Ichecking 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. I4. Material make-up: Test for compliance with specifications. 1.06 CONTRACTOR'S RESPONSIBILITY jA.. 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. 2003-238aa 01430 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT 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 t 1 1 t 1 1 1 1 1 1 2003-238aa 01430 PAGE 2 KIWANIS PARK IMPROVEMENT PROJECT CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS SECTION 01500 PART1 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 i 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. NOTE: Contractor to install 6-foot chain fencing (temporary fencing) to protect the construction area. C. Provide barricades as required by governing authorities for protection of the public in the public right-of-way. Maintain usable sidewalk access as much as practical during 1 demolition operations. D. Provide for maintaining vehicular traffic around site, and prevent spillage of materials on public streets. 2003-238aa 01500 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT , 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 L 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 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. AUTOMOBILE 09 PARKING ' Workers' automobiles may be parked in the secured staging area in the parking lot adjacent to the site. I 2003-238aa 01500 PAGE 2 ' KIWANIS PARK IMPROVEMENT PROJECT CONSTRUCTION FACILITIES, UTILITIES, AND TEMPORARY CONTROLS SECTION 01500 1 1.10 POLLUTION CONTROL 1 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 2003-238aa 01500 PAGE 3 KIWANIS PARK IMPROVEMENT PROJECT TRAFFIC REGULATION SECTION 01570 PART GENERAL 1 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. 2003-238aa 01570 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT 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 i ail 1 2003-238aa 01570 PAGE 2 ' KIWANIS PARK IMPROVEMENT PROJECT PRODUCT SUBSTITUTIONS SECTION 01630 tPART1 GENERAL 1.01 RELATED DOCUMENTS tA. 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. 2003-238aa 01630 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT , 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. 2003-238aa 01630 PAGE 2 ' KIWANIS PARK IMPROVEMENT PROJECT PRODUCT SUBSTITUTIONS SECTION 01630 PART 2 PRODUCTS 1 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. 2003-238aa 01630 PAGE 3 KIWANIS PARK IMPROVEMENT PROJECT 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) 1 ' 1 1 1 2003-238aa 01630 PAGE 4 KIWANIS PARK IMPROVEMENT PROJECT PRODUCT SUBSTITUTIONS SECTION 01630 SUBSTITUTION REQUEST FORM Attention: Jon Jainga, Capital Project Coordinator Project: Kiwanis Park Improvement Project Contractor: Date: We hereby submit for consideration the following product/material instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM II 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: I 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. 2003-238aa 01630 PAGE 5 KIWANIS PARK IMPROVEMENT PROJECT 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. i1.02 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 at all times for inspection by Owner and not used for construction purposes. Upon completion of the project and before final payment, the Contractor shall forward the Record Documents showing clearly all "as-built" notations including dimensions to accurately locate all of the above including changes, to the Owner. The recording of information is the responsibility of the Contractor and shall be done at no additional cost to the Owner. 1.05 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. 2003-238aa 01700 PAGE 1 KIWANIS PARK IMPROVEMENT PROJECT ' 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 t remedy efects listed the Contractor shall a to the Owner the cost of an Y � PY Y 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 , 2003-238aa 01700 PAGE 2 ' KIWANIS PARK IMPROVEMENT PROJECT 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 Owner 12. Final Acceptance Letter(identifying warranty date) ' Owner 13. Lien Documentatin—45 days after Final Acceptance a. Certification of No Liens Contractor 14. Cert. of Occupancy issued by Permit Agency ' Contractor 15. Final Affidavit of Wages Paid I Contractor 16. Dept. of Labor& Industries a. Insurance Release b. Workmen's Compensation Release 2003-238aa 01700 PAGE 3 KIWANIS PARK IMPROVEMENT PROJECT ' 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.) .9 ) Owner 22. Processing of Retainage Payment begins a minimum of 45 days following date of , Y 9 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: ' (we) hereby certify that all work has been performed and materials supplied in accordance with the plans, specifications and contract documents for the KIWANIS ' PARK IMPROVEMENT PROJECT, 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; ' 2003-238aa 01700 PAGE 4 , KIWANIS PARK IMPROVEMENT PROJECT 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 liens have been filed, a release of lien has been filed with the Owner; e. All moneys due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund, the State Department of Revenue, hospital associations and/or others have been paid; f. All provisions of nondiscrimination as called for in the contract documents have been complied with. 1.10 FINAL APPLICATION FOR PAYMENT Submit final Application for Payment in accordance with procedures and requirements ' of Owner. a. Submit"Affidavit of Wages Paid"from Contractor and all subcontractors. b. Lien waiver from General Contractor for entire contract. C. Proof of Payment of taxes from the State Dept of Revenue ' END OF SECTION 2003-238aa 01700 PAGE 5 I � i t i i r � SITEWORK 1 DIVISION 2 1 1 KIWANIS IMPROVEMENT PROJECT SITE DEMOLITION SECTION 02050 PART 1 —GENERAL 1.01 SUMMARY A. Where the plans call for demolition of an item, the item shall be completely removed from the site and disposed of in a legal manner. B. Work specified in this section includes, but is not limited to, the following: 1. Demolition and removal of existing asphalt and/or concrete pavement, curbs and gutters. 2. Proper disposal of all permanently removed materials. C. The other contract documents complement the work of this section. D. Requirements of the General and Special Conditions and Division 1 apply to the work of this section. 1.02 RELATED SECTIONS Coordinate work specified in other parts of the Project Manual, including: 1.03 REFERENCES A. WSDOT-APWA: 1996 Standard Specifications for Road, Bridge, and Municipal Construction including Supplements. B. City of Renton Supplemental Specifications for Road, Bridge and Municipal Construction adopted May 19, 1997. C. City of Renton Standard Plans 1.04 PERMITS Permits, fees and inspections are to be obtained by the Contractor, at no additional cost to the Owner. 1.05 SUBMITTALS A. Submit demolition procedures and operational sequence. Include permits for transport and disposal of debris. B. In accordance with Division 1, submit as-built record drawings indicating locations of utility lines and related appurtenances. 1.06 DIMENSIONS AND LAYOUT A. The Contractor is responsible for preserving benchmarks and stakes and replacing, at no additional cost to the Owner, any that are displaced or missing as a result of the Contractor's operations. B. The Contractor is responsible for review of Owner's records relative to the existing underground utilities. The Contractor is responsible to avoid damaging existing facilities and shall repair all damaged utilities at no cost to the Owner. C. The Contractor is to notify the Owner's representative immediately of underground utilities encountered which are not shown on the Owner's record. 2003-238aa 02050 PAGE 1 KIWANIS IMPROVEMENT PROJECT SITE DEMOLITION SECTION 02050 1.07 SEQUENCING AND SCHEDULING A. Sequence and schedule work the work of this Section with other work of this contract. B. Existing utilities must remain in service at all times. PART 2— PRODUCTS Not used. PART 3— EXECUTION 3.01 EXAMINATION A. Demolition shall be as required for the installation of contract work. The Contractor shall be responsible for protection and proper storage of materials. All costs associated with replacement of damaged materials shall be at no cost to the Owner. B. Promptly remove and dispose, in a legal manner, demolished materials. Stockpiling that does not meet grading, safety and health requirements of applicable codes, creates a nuisance problem, or poses a threat to public or private properties will not be allowed. 3.02 EROSION/POLLUTION CONTROL Required erosion/pollution control facilities in accordance with Division 2 shall be in place prior to beginning the work of this section. 3.03 SCHEDULES A. Removal of structures and obstructions shall be in accordance with WSDOT- APWA Section 2-02. B. Where required, the break line for removal of existing paving shall be established by saw cutting. The depth of the saw cut shall produce a uniform break line, which is straight vertically and horizontally without spalling, cracking or damaging paving outside the removal limits. If during the course of work the saw cut edge is damaged or destroyed, the Contractor shall, at no additional cost to the Owner, provide additional saw cutting to the damaged or destroyed edge to provide a uniform joint where new paving or patching will join existing paving. C. Removal of existing utilities shall be by the Contractor, as indicated on the drawings. D. Underground utilities abandoned in place shall have open ends plugged with commercial concrete for a uniform distance of 2 pipe diameters. Care shall be used in placing the concrete in the pipe to see that the opening of the pipe is completely filled and thoroughly plugged. E. See irrigation plan and specifications for information about abandoning irrigation equipment. 2003-238aa 02050 PAGE 2 ' KIWANIS IMPROVEMENT PROJECT SITE DEMOLITION SECTION 02050 3.04 CALL BEFORE YOU DIG Contractors are responsible for timely advance notification to utility owners and locator service for any construction in right-of-way or utility easements. The utilities one-call Underground Location Center phone number is 1-800-424-5555. A minimum of two working days (48 hours) advance notice is required. 3.05 CLEAN-UP A. Upon completion of the work of this section, remove rubbish, trash, and debris resulting from operations. B. Remove equipment and tools; leave site in a neat and orderly condition. END OF SECTION a 2003-238aa 02050 PAGE 3 I � I KIWANIS IMPROVEMENT PROJECT ASPHALT PAVING SECTION 02511 PART 1 —GENERAL 1.01 SUMMARY A. General Information: 1. The other contract documents complement the requirements of this section. 2. Requirements of Division 0 and Division 1 apply to the work of this section. B. Work includes, but is not limited to, the following: 1. New paved parking, pathways, walkways, play areas, fire lane, bus lane, and other areas shown. 2. Patching and/or repair of existing asphalt areas. 1.02 RELATED SECTIONS Coordinate related requirements specified in other parts of the Project Manual. 1.03 REFERENCES A. WSDOT-APWA: 1996 Standard Specifications for Road, Bridge, and Municipal Construction. B. ASTM D1557: Methods of Test for Moisture-Density Relations of Soils, Using 10 lb (4.5kg) Rammer and 18 inch (457 mm) drop. C. APAW: Designs and Specifications for Asphalt Concrete Pavements and Bases, 1980 edition. D. City of Renton Supplemental Specifications for Road, Bridge, and Municipal Construction, adopted May 19, 1997. E. City of Renton Standard Plans 1.04 SYSTEM DESCRIPTION A. This work shall consist of one or more courses of plant-mixed asphalt concrete placed on a prepared foundation or base in accordance with these specifications and in reasonably close conformity with the lines, grades, thickness, and typical cross sections shown in the plans or established by the Architect. B. Asphalt concrete shall be composed of asphalt and aggregate which, with or P P without addition of mineral filler and blending sand as may be required, shall be mixed in the proportions specified to provide a homogenous, stable and workable mixture. 1.05 SUBMITTALS A. Submit mix design for Class B and ATB Hot Mix Asphalt that has been approved for use by the Washington State Department of Transportation within 90 days from the date of this contract. B. Furnish certification that the materials comply with the specification requirements; include laboratory tests verifying compliance. Mixing plant to be a member of the Asphalt Paving Association of Washington and be approved by Owner or Architect. 1.06 QUALITY ASSURANCE A. Obtain permits and required inspections as required by regulatory agencies; pay all associated fees. 2003-238aa 02511 PAGE 1 KIWANIS IMPROVEMENT PROJECT ASPHALT PAVING SECTION 02511 1.07 DELIVERY AND HANDLING In accordance with Section 5-04 of WSDOT-APWA and as applicable to ready-mix. 1.08 PROJECT SITE CONDITIONS Environmental Requirements will be in accordance with referenced standard specifications and the following: A. Do no paving in rain or when subgrade or base is wet or frozen. B. Do not apply tack coats when air temperature is below 50 degrees F or when base is wet. C. Apply asphalt paving only when air temperature is above 40 degrees F and when base is dry. 1.09 SEQUENCING/SCHEDULING Phase-in properly with construction phases, and perform work at a time that is mutually agreed upon by Owner. 1.09 WARRANTY A Note that work correction is to include aggregate separation, soft spots, and excess porosity. B. Repair cracks; repair unsatisfactory elevation irregularities immediately upon notification; replace any paving not draining properly. C. Asphalt showing signs of soft spots or cracking shall be removed, including sub- grade, and replaced prior to subsequent application of asphalt. 1.10 PERMITS Permits, fees, and inspections are to be obtained by the Contractor, at no additional cost to the Owner. PART 2— PRODUCTS 2.01 GENERAL Comply with "Quality Assurance" provisions, "References," Specifications and Manufacturer's Data. Where these may be in conflict, the more stringent requirements govern. 2.02 CRUSHED SURFACING BASE COURSE Base course, per WSDOT/APWA 9.03.9(3), shall be installed over the subgrade as indicated. 2.03 CRUSHED SURFACING TOP COURSE Top course, per WSDOT/APWA 9.03.9(3), shall be installed over the base course as indicated. 2.04 LIQUID ASPHALT Liquid Asphalt for tack coats and treatment of aggregate base shall be grade RC 250 and shall comply with section 5-02 of WSDOT-APWA. 2003-238aa 02511 PAGE 2 KIWANIS IMPROVEMENT PROJECT ASPHALT PAVING SECTION 02511 2.05 ASPHALT CONCRETE A. Aggregate shall be Type Class B, conforming to Section 9-03.8 of the WSDOT- APWA. Asphalt binder shall comply with Section 9-02-1 of WSDOT-APWA. Asphalt concrete mixing and proportioning shall comply with Section 9-03.8 of WSDOT-APWA with section 9-03.8(6)A deleted and replaced by: 1. The percentage of mineral filler shall be Oto 2 percent. 2. The asphalt percentage of the complete mixture shall be 7.0 to 7.5 percent. 3. The sand-silt ration shall be 5.5 to 10.5 4. Aggregate gradings within the above ranges shall be such that there will be a minimum of 2 percent of the total aggregate retained between any successive pair of sieves finer than the U.S. No. 10. The gradings shall be of such uniformity that the fractions of aggregate passing the %4 inch and U.S. No 10 during the day's run shall conform to the following limitations: a. Maximum variation in percentage of material passing 1/4: inch square 10. b. Maximum variation in percentage of material passing U.S. No. 10 square 8 B. Tennis court paving shall be Type Class G, conforming to section 9-03.8 of the WSDOT-APWA. 2.06 SOIL STERILANT When specified or requested by the Owner, the following materials or approved equal shall be used in accordance with the manufacturers specifications and WSDA regulations: • Casoron 50W • Pramitol25E 2.07 SEAL COAT Fog seal coat to be an SS or CSS emulsified asphalt, diluted with an equal amount of water. PART 3_EXECUTION 3.01 EXAMINATION A. Verify installation conditions as satisfactory to receive work. Do not install until unsatisfactory conditions are corrected. Beginning work constitutes acceptance of conditions as satisfactory. B. Construction shall conform to the details, dimensions, and grades specified. Maximum variations in finished grade of pavement shall be +/- 0.05 feet. C. Areas to be paved shall be graded and compacted in accordance with 02200 Earthwork. 2003-238aa 02511 PAGE 3 KIWANIS IMPROVEMENT PROJECT , ASPHALT PAVING SECTION 02511 3.02 PREPARATION A. Protect surrounding areas and surfaces to preclude damage. 1. Protect work of other trades 2. Should defacement or damage occur, repair or replace as directed. B. Preparation of Asphaltic Patches: 1. Where existing asphalt concrete upon granular concrete base is required to be removed due to deterioration and/or settlement, or for installation of new facilities, the area shall be uniformly defined in size and shape. The existing asphalt shall be removed by cutting pavement vertically at a sufficient distance of at least 6 inches over the undisturbed base surface, and then the affected pavement shall be broken up and removed. 2. The granular base under the removed asphalt pavement shall be restored so as to correct the conditions that caused the deterioration or settlement, and this shall be shown on the plans. 3.03 SOIL STERILANT Areas to be paved shall be sterilized with a uniform application of approved chemical at the application rates indicated on the product label. Application shall be made per manufacturer recommendations. Application of soil sterilants shall be in accordance with Section 8-02.3(2) of WSDOT—APWA. 3.04 CRUSHED SURFACING BASE AND TOP COURSE A. Placing of crushed surfacing base and top course shall comply with Section 4-04 of the WSDOT-APWA. Relative dry compaction shall be a minimum of 95 percent of maximum dry density as determined in accordance with ASTM D1557. See plans for thickness. B. Prior to asphalt concrete placement, the prepared surface shall be treated in accordance with Section 5-04.3 of WSDOT-APWA. 3.05 ASPHALT CONCRETE A. Placement of asphalt shall be in accordance with Section 5-04 of WSDOT-APWA. Existing surfaces shall be prepared in accordance with Section 5-04.3(5). Spreading, finishing and compaction shall be in accordance with Sections 5- _ 04.3(9) and 5-04.3(10). 1. Patching of existing asphalt paved surfaces shall match with the existing paving thickness (depth) 2. Overlays of existing asphalt paved surfaces: Over existing sound surfaces. If soft spots are present in existing pavement, dig area out to a firm foundation. Refill with suitable soil, compact, and repave to required thickness aligning to surface with newly repaved areas. See plans for thickness. Two-inch lifts maximum. 3. See plans for other asphalt thicknesses. 2003-238aa 02511 PAGE 4 KIWANIS IMPROVEMENT PROJECT ASPHALT PAVING SECTION 02511 B. Joints shall be constructed in accordance. with Section 5-04.3(11). Surface smoothness shall be in accordance with Section 5-04.3(13). Paving shall be accomplished in accordance with the weather limitations outlined in Section 5- 04.3(16). C. Sampling and testing of asphalt concrete shall be in accordance with Sections 5- 043.(10)B and 5-04.3(12). 3.06 SEAL COAT A. Apply the diluted emulsion at the rate of 0.10 gallons per square yard of surface. The surface to be free of dust and loose material prior to application. Apply to paved surfaces. B. Application of emulsion shall be made carefully to avoid contact with non-target areas such as concrete curbing and sidewalks, catch basins, utility boxes and light standards. Emulsion that comes in contact with non-target areas shall be completely removed immediately. 3.07 FINAL UTILITY ADJUSTMENT A. Utility covers, which are located in asphalt roadways, parking areas or pathways, shall be temporarily placed at subgrade elevation prior to placing of crushed surfacing material. B. Final adjustment of covers and access entries shall be made following final paving by. 1. Saw cutting or neat-line jack hammering of the pavement around lids and covers. Opening should not be larger than 12 inches beyond the radius of the cover. 2. Removing base material, surfacing course and frame, adding raising bricks, replacing frame and cover to finish grade. Where applicable, set frame square with surrounding architectural elements to create an organized and tidy appearance. 3. Filling and mechanically compacting around the structure and frame with crushed surfacing material or ATB, or pouring a 5-inch minimum thickness of concrete to within 2 inches of the top. 4. Filling remaining 2 inches with asphalt concrete Class B hot mix, compacted and sealed to provide a dense, uniform surface. 3.08 MARKINGS Specified in Division 2. 3.09 CLEANING A. After completion of paving operations, clean surfaces of excess or spilled asphaltic materials. B. Do not permit vehicular traffic on asphaltic paving until it has cooled and hardened and in no case sooner than six hours after placement. 2003-238aa 02511 PAGE 5 KIWANIS IMPROVEMENT PROJECT , ASPHALT PAVING SECTION 02511 3.10 CRUSHED SURFACING A. Placing of crushed surfacing base and/or top course for access road shall comply with Section 4-04 of WSDOT-APWA. Relative dry compaction shall be a minimum of 95 percent of maximum dry density as determined in accordance with ASTM D1557. See plans for materials and thickness. B. Finish surface to be free of irregularities and shall be within 0.05 foot of design grade. END OF SECTION III 2003-238aa 02511 PAGE 6 KIWANIS IMPROVEMENT PROJECT CONCRETE CURBS, GUTTERS AND SIDEWALKS SECTION 02520 PART 1 —GENERAL 1.01 SUMMARY A. General Information: 1. The other Contract Documents complement the requirements of this Section. 2. Requirements of Division 0 and Division 1 apply to the work of this section. B. Work includes, but is not limited to, the construction of cement concrete curbs and concrete pads located as indicated in specifications and plans. 1.02 RELATED SECTIONS Coordinate related requirements specified in other parts of the Project Manual. 1.03 REFERENCES A. WSDOT-APWA: 1996 Standard Specifications for Road, Bridge, and Municipal Construction B. City of Renton Supplemental Specifications for Road, Bridge, and Municipal Construction, adopted May 19, 1997 C. City of Renton Standard Plans 1.04 SUBMITTALS Provide concrete mix submittal. 1.05 PERMITS Permits, fees and inspections are to be obtained by the Contractor, at no additional cost to Owner. PART 2—PRODUCTS 2.01 CEMENT CONCRETE CURB AND GUTTER, EXTRUDED CURB Portland cement, concrete aggregate, reinforcing steel, joint filler and curing compounds shall conform to WSDOT-APWA Sections 6-02 and 8-04. 2.02 CEMENT CONCRETE SIDEWALKS, WALKWAYS AND DRIVEWAYS Cement concrete, Portland cement, aggregates, joint filler and curing materials shall conform to WSDOT APWA Sections 6-02 and 8-14. PART 3— EXECUTION 3.01 EXAMINATION A. Verify installation conditions as satisfactory to receive work. Do not install until unsatisfactory conditions are corrected. Beginning work constitutes acceptance of conditions as satisfactory. B. Construction shall conform to the details, dimensions, and grades specified. C. Verify proper compaction of subgrades. 2003-238aa 02520 PAGE 1 KIWANIS IMPROVEMENT PROJECT , CONCRETE CURBS, GUTTERS AND SIDEWALKS SECTION 02520 3.02 PREPARATION Field Measurements: A. Verify and coordinate with WSDOT-APWA and City of Renton Standards requirements. B. Verify existing dimensions and shapes. Conform to existing where applicable. 3.03 INSTALLATION A. Cement concrete curbs, gutters, and sidewalks shall be installed in accordance with WSDOT-APWA Section 8-04.3. The work shall be performed in a manner that results in a curb or curb and gutter constructed to specified line and grade, uniform in appearance and structurally sound. Curbs found with bulges, ridges, low spots in the gutter or other defects shall be removed and replaced at the Contractor's expense. When checked with a 10-foot straightedge, grade shall not deviate more than 1/8 inch, and alignment shall not vary more than % inch. B. Extruded cement concrete curb shall be installed in accordance with WSDOT- APWA Section 8-04.3. C. Cement concrete sidewalks and walkways shall be installed in accordance with WSDOT-APWA Section 8-14.3. Sidewalks shall be divided into panels by scoring '/ inch deep per WSDOT-APWA and City of Renton standards. D. Cement concrete driveways shall be installed in accordance with WSDOT-APWA Section 8-14.3. 3.04 CLEANING Leave premises clean and free of residue of work of this section. , END OF SECTION 2003-238aa 02520 PAGE 2 KIWANIS IMPROVEMENT PROJECT IRRIGATION SECTION 02810 PART 1 —GENERAL 1.01 RELATED DOCUMENTS Drawings and general provisions of the contract, including General and Supplementary Conditions and Division 1 specification sections, apply to this section. 1.02 SUMMARY This section includes valves, piping, sprinklers, specialties, accessories, controls, and Iwiring for lawn and shrubbery irrigation systems. 1.03 DEFINITIONS A. Pipe sizes used in this section are nominal pipe size (NPS) in inches. Tube sizes are standard size in inches. Equivalent SI (metric) sizes are indicated in millimeters (mm) in parentheses. B. Supply Piping: Piping from water source to connection to irrigation system pressure piping. Piping is under same pressure as water supply. Piping in this category is not included in this section. C. Pressure Piping: Piping downstream from supply piping to and including control valves. Piping is under irrigation system pressure. Piping in this category includes pressure regulators, water meters, and backflow preventers, when used. D. Circuit Piping: Piping downstream from control valves to irrigation system sprinklers, emitters, devices, and drain valves. Piping is under pressure (less than pressure piping) during flow. E. Control Valve: Manual or automatic (electrically operated) valve for control water flow to irrigation system zone. F. Drain Piping: Downstream from circuit piping drain valves. Piping is not under pressure. G. Drain Valve: Manual or automatic (pressure operated) drain valve for draining of irrigation system circuit piping. 1.04 SYSTEM PERFORMANCE REQUIREMENTS A. Minimum water coverage will be not less than: 1. Turf Areas: 100 percent 2. Other Planting Areas: 100 percent B. Components and Installation: Capable of producing piping systems with the following minimum working pressure ratings except where indicated otherwise: 1. Pressure Piping: 200 psig (1380 kPa) 2. Circuit and Drain Piping: 200 psig (1380 kPa) 1.05 SUBMITTALS A. General: Submit the following according to the Conditions of the Contract and Division 1 specification sections. 2003-238aa 02810 PAGE 1 KIWANIS IMPROVEMENT PROJECT IRRIGATION SECTION 02810 B. Product data including pressure rating, rated capacity, settings, and electrical data of selected models for the following: 1. Valves, including general-duty, underground, manual and automatic control, and quick coupler types, and valve boxes. 2. Sprinkler assemblies including bodies nozzles check valves emitters drip tubes and devices. 3. Triple swing joint riser assemblies 4. Controls, including controller wiring diagrams. 5. Wiring. 6. Area pressure piping drains. C. Wiring diagrams for electrical controllers, valves, and devices. D. Maintenance data for inclusion in Operating and Maintenance Manual specified in Division 1 section "Contract Closeout"for the following: 1. Automatic control valves 2. Sprinkler assemblies 3. Controllers E. Record Documents: Prepare and provide per Section 01720 project record documents. 1. Update record drawings daily. 2. Make record drawings available in irrigation contractor's job site office for access at all times. 1.06 QUALITY ASSURANCE 1 A. Comply with requirements of utility supplying water for prevention of backflow and back-siphonage. B. Comply with requirements of authority with jurisdiction for irrigation systems. C. Installer Qualifications: Engage an experienced installer who has completed irrigation systems similar in material, design, and extent to that indicated for project that have resulted in construction with a record of successful in-service performance. D. Listing/Approval Stamp, Label, or Other Marking: On equipment, specialties, and accessories made to specified standards. E. Listing and Labeling: Equipment, specialties, and accessories that are listed and labeled. 1. The terms Listed and "Labeled": As defined in National Electrical Code,"' I Article 100. 2. Listing and Labeling Agency Qualifications: A "Nationally Recognized Testing Laboratory" (NRTL) as defined in OSHA Regulation 1910.7. F. Product Options: Irrigation system piping, specialties, and accessories are based on specific types, manufacturers, and models indicated. Components with equal performance characteristics produced by other manufacturers may be considered, provided deviations in dimensions, operation, and other characteristics do not 2003-238aa 02810 PAGE 2 KIWANIS IMPROVEMENT PROJECT IRRIGATION SECTION 02810 change design concept or intended performance as judged by the Architect. The burden of proof of product equality is on the Contractor. Refer to Division 1 Section "Product Substitutions." 1.07 PROJECT CONDITIONS Perform site investigation, research public utility records, and verify existing utility locations. Verify that irrigation system piping may be installed in compliance with original design and referenced standards. 1.08 SEQUENCING AND SCHEDULING Coordinate irrigation systems work with Owner as required to eliminate conflicts with park visitor and/or employee activities. 1.09 EXTRA MATERIALS Deliver extra materials to Owner. Furnish extra materials matching products installed as described below. Package them with protective covering for storage, and label clearly describing contents. 1. Quick coupling valves: Furnish quantity of units equal to 10 percent of amount of each size installed. 2. Sprinkler assemblies: Furnish quantity of units, including bodies and nozzles, equal to 10 percent of amount of each type installed. 3. Triple swing joint riser assemblies: Furnish quantity of assemblies equal to 10 percent. 4. Emitters, drip tube, and devices: Furnish quantity of units equal to 10 percent of amount of each type installed. 5. Valve access keys: Furnish one (1) tee handle key for curb stop at water meter, one (1) key handle to operate ball isolation valves and one (1) key to operate remote control valve adjustment. 6. Quick-coupler operating keys: Furnish two (2) quick coupler key assemblies fitted with hose swivel and gate valve, and one (1) quick coupler key to be utilized for"Winterization Blowout." PART 2— PRODUCTS 2.01 MANUFACTURERS Subject to compliance with requirements; provide products by one of the following: A. Gate valves for underground installation: 1. American Darling Valve Div., American Cast Iron Pipe Co. 2. Clow Valve Co. Div., McWane, Inc. 3. Kennedy Valve Div., McWane, Inc. 4. Stockham Valves & Fittings, Inc. 5. Waterous Co. 2003-238aa 02810 PAGE 3 1 KIWANIS IMPROVEMENT PROJECT ' IRRIGATION SECTION 02810 B. Corporation Stops for Underground Installation: 1. Ford Meter Box Co., Inc. 2. Hays Div. Romac Industries. 3. A.Y. McDonald Mfg. Co. 4. Mueller Co., 5. Grinnell Corp. C. PVC ball valves for pit installation: Spears Sch. 80 D. Automatic control valves: 1. Buckner, Inc. 2. Imperial Underground Sprinkler Co. 3. L.R. Nelson Corp. 4. Rain Bird Sprinkler Mfg. Corp. 5. Toro Co. 6. Weathermatic Sprinkler Div., Telsco Industries. E. Valve boxes: 1. Fogtite Meter Seal, Inc. 2. Pipe, Inc. 3. Utility Vault Company, Division of Oldcastle Precast 4. Ametek by Plymouth Products Div., AMETEK. 5. Brooks Products, Inc., Polyplastics Div. 6. Carson Industries, Inc. F. Quick coupler valves and keys: 1. Buckner, Inc. 2. L.R. Nelson Corp. 3. Rain Bird Sprinkler Mfg. Corp. 4. Toro Co. 5. Weathermatic Sprinkler Div., Telsco Industries G. Sprinkler assemblies: 1. Buckner, Inc. 2. Hunter Industries. 3. L.R. Nelson Corp. 4. Rain Bird Sprinkler Mfg. Corp. 5. Toro Co. 6. Weathermatic Sprinkler Div., Telsco Industries. H. Controllers: 1. Rain Bird 2. Toro 3. Sentinel by The Toro Company. 4. Weathermatic Sprinkler Div., Telsco Industries. 2003-238aa 02810 PAGE 4 KIWANIS IMPROVEMENT PROJECT IRRIGATION SECTION 02810 I. Remote irrigation control equipment: 1. TRC Systems 2. Rainbird J. Manual control valves or manual drain stop and waste valves: 1. Mueller Co. 2. Ford Meter Co. 2.02 PIPES AND TUBES A. Refer to Part 3 Article "Piping Applications" for identification of systems where pipe and tube materials specified below are used. B. Copper Tube: ASTM B 88 (ASTM B 88M), Types L and M (Metric designations: Types B and C), water tube, annealed and drawn tempers, with plain ends. C. Polyvinyl Chloride (PVC) Plastic Pipe: ASTM D 1785, PVC 1120, Schedule 40, 160 psig (1100 kPa) minimum pressure rating for 8-inch (200 mm) and smaller sizes, with plain ends. I D. Polyvinyl Chloride (PVC) Plastic Pipe: ASTM D 1785, PVC 1120, Schedule 80, 250 psig (1725 kPa) minimum pressure rating for 8-inch (200 mm) and smaller sizes, with plain and threaded ends. E. Polyvinyl Chloride (PVC) Plastic Pipe: ASTM D 2241; PVC 1120, SDR 17, 250 psig (1725 kPa) minimum pressure rating, with plain ends. F. Polyvinyl Chloride (PVC) Plastic Pipe: ASTM D 2241; PVC 1120, SDR 21, 200 psig (1380 kPa) minimum pressure rating, with plain ends. G. Polyvinyl Chloride (PVC) Plastic Pipe: ASTM D 2241; PVC 1120, SDR 26, 160 psig (1100 kPa) minimum pressure rating, with plain ends. 2.03 PIPE AND TUBE FITTINGS A. Refer to Part 3 Article "Piping Applications" for identification of systems where pipe and tube fitting materials specified below are used. B. Polyvinyl Chloride (PVC) Plastic Pipe Fittings: ASTM 2467, Schedule 80, threaded. C. Polyvinyl Chloride (PVC) Plastic Pipe Fittings: ASTM 2467, Schedule 80, socket ' type. D. Polyvinyl Chloride (PVC) Plastic Pipe Fittings: ASTM D 2466, Schedule 40, socket- type. 2.04 JOINING MATERIALS A. Solvent Cement: ASTM F 656 primer and ASTM D 2564 solvent cement in color other than orange. B. Gaskets for Plastic Flanged Joints: Materials recommended by plastic pipe and fittings manufacturer. 2.05 CONTROL VALVES A. Description: Manufacturer's standard control valves for circuits, of type and size 'indicated, and as follows: 1. Provide plastic bodies, unless otherwise indicated. 2. Isolation valves: All PVC isolation valves shall be of heavy bodied PVC ' construction having buttress threaded external adjustment nut; Teflon balled seats, Buna-N, EDPM or Viton O-ring options, high impact polypropylene 1 handles with safety mechanism to prevent leakage in event of handle failure, 2003-238aa 02810 PAGE 5 KIWANIS IMPROVEMENT PROJECT t IRRIGATION SECTION 02810 Safe-T Shear Stem, full Schedule 80 Bore, 250 PSI pressure rating up to 2 inches size, 150 PSI pressure rating for 3 and 4" sizes, NSF listed for potable water usage, available in solvent weld or threaded connection, fully repairable non-blocked valve. Spears 2400 series PVC Single Entry Ball Valve sized as indicated. No substitutions allowed without written permission of Landscape Architect. 3. Manual control valves: Stop & Waste type, resilient seated ball valves, fitted for key operation, %" unless indicated otherwise. Install with gravel sump or connection to drainline as indicated in details on construction documents. 4. Automatic control valves: Glass-filled, nylon-reinforced Diaphragm type, normally closed, with manual flow adjustment, and operated by 24 volt AC solenoid. a. Maximum cold water working pressure 150 psi. b. Dual ported diaphragm to allow equal pressure on both sides of diaphragm wall regardless of line pressure. C. Diaphragm constructed of nylon-reinforced rubber. d. Non-corrosive exhaust orifice with an opening larger than the diaphragm ports so that any pieces of sand or silt passing through the diaphragm will not be trapped beneath the solenoid actuator. e. One-piece solenoid design with captured plunger and spring for easy servicing. f. Valve body and cover shall be glass-filled plastic. Cover retention mechanism shall be '/4" stainless steel studs. g. Manual internal and external bleed mechanism. 5. Quick-coupling valves: Factory-fabricated, 2-piece assembly. Include coupler water-seal valve; removable upper body with spring-loaded or weighted, rubber-covered cap. Install on triple swing joint assembly with anti- rotation device as indicated in details on construction documents. Provide quick coupling key with 1-inch resilient seated ball valve and 1-inch hose swivel with ASME B1.20.7 3/4 11.5NH threads for garden hose on outlet and required threaded brass nipples. Locking top option: Include vandal-resistant, locking feature with two matching keys. 6. Winterization blowout connection quick coupling valve: Factory fabricated, 2- piece assembly. Include coupler water seal valve, removable upper body with spring loaded or weighted, rubber cap. Install on triple swing joint assembly with Anti-rotation device as indicated in Details on Construction Documents. Provide quick coupling key of equal size. Locking top option: Include vandal-resistant, locking feature with two matching keys. B. Control valve boxes: Polyethylene (PE), acrylonitrile-butadiene-styrene (ABS), t fiberglass, polymer concrete, or precast concrete box and cover. Size as required for application. 2003-238aa 02810 PAGE 6 KIWANIS IMPROVEMENT PROJECT IRRIGATION ' SECTION 02810 1. Wrap mirafi fabric around all openings in control valve boxes prior to backfilling to prevent dirt from entering valve box around pipes, etc. 1 2. Drainage backfill: Cleaned gravel or crushed stone, graded from 7/8 inch (16 mm) maximum to 1/4 inch (6 mm) minimum. 1 C. Service boxes for key-operated control valves: 1. Boxes located within paved areas: Cast-iron box with telescoping top section of length required for depth of bury of valve. Include cover with lettering "WATER," and bottom section with base of size to fit over curb stop and barrel approximately 3 inches (75 mm) in diameter. 2. Boxes located within lawn or planting areas: 6-inch W. PVC sleeve cut to length required for depth of bury of valve. Cover top of sleeve with 10-inch round valve box set flush with finish grade. 3. Boxes located within lawn or planting areas installed for access to Spears isolation valves: PVC sleeve sized as required (12-inch W. for 3-inch valves) to accommodate valve handle and barrel, cut to length required for depth of bury of valve. Cover top of sleeve with 10-inch round valve box or standard rectangular valve box set flush with finish grade. 1 4. Include valve key, 36 inches (915 mm) long with tee handle and key end to fit valve. 2.06 SPRINKLERS Description: Manufacturer's standard sprinklers designed to provide uniform coverage over entire area of spray shown on drawings at available water pressure, as follows: A. Bodies: 1. High impact plastic except where other material is specified. 2. Stainless steel riser option for high-vandalism prone turf areas. ' 3. Easy arc adjustment of 40-360 degrees through top of sprinkler for part circle models. 4. Water lubricated gear drive mechanism. 5. Heavy duty stainless steel retraction springs. 6. Stainless steel trip gears. 7. Standard black rubber cover or optional purple rubber cover for non-potable applications. 8. Optional check valve eliminates puddling due to low-head drainage. 9. Pressure activated wiper seal. 10. Female flow tube threads. 11. Nozzles interchangeable from front without special tools. 12. Radius adjustment of up to 25% without changing nozzle. 1 B. Nozzles: 1. Contain three ports for optimum short, mid and long-range coverage. 2. Minimum operating pressure 30 psi. 1 3. Multiple color-coded nozzle sizes available for design flexibility. 2003-238aa 02810 PAGE 7 - J KIWANIS IMPROVEMENT PROJECT , IRRIGATION SECTION 02810 2.07 AUTOMATIC CONTROL SYSTEM A. Description: Low-voltage centrally operated satellite controller system, made for control of irrigation system automatic control valves. Controller operates on 120 volts a.c. building power system, provides 24 volts a.c. power to control valves, and includes stations for at least the number of control valves indicated. B. Interior control enclosures: Drip-proof enclosure with locking cover and two j matching keys. Enclosure construction complies with NFPA 70 and NEMA 250, Type 12. 1. Material: Enameled-steel, sheet metal. 2. Material: Stainless steel, sheet metal. 3. Mounting: Free standing type for concrete-pad mounting. 4. Mounting: Surface type for wall mounting. C. Transformer: Internal type, and suitable for converting 120 volts a.c. building power to 24 volts a.c. power. Input 120V a.c. 60 HZ, 1.0 amps @ 120 volt AC. Output 24V a.c. 60 HZ, .50 amps (24 VA) per station, 1.0 amps (24VA) total. UL listed, CSA and CUL certified. Refer to manufacturer's literature for most up to date electrical data. D. Sentinel Central and Satellite Controllers 1. Central unit manages up to 999 satellite controllers per database, up to ' 27952 stations. 2. Satellite unit manages up to 48 stations per satellite per database. 3. Up to 16 irrigation programs 4. Provides 2-way communication for monitoring and feedback of satellite conditions. 5. Extensive Alarm capabilities 6. Protects against user errors 7. Alerts user to system communication errors 8. Hand held radio capability 9. Troubleshooting kit available E. Wiring: UL 493, solid copper conductor, insulated cable, suitable for direct burial. 1. Feeder circuit cables: Type UF, No. 14 AWG minimum, between building and controllers. Verify that wire sizing is adequate for application. 2. Low-voltage, branch circuit cables: Type UF, No. 14 AWG minimum, between controllers and automatic control valves. Jacket color is other than feeder circuit cable jacket color. Furnish cables with jackets of different colors for multiple cable installation in same trench. Verify that wire sizing is adequate for application. 3. Splicing Materials: a. Splices above grade: screw type connectors. b. Splices below grade direct burial wire: 3-M DBY or DBR. 2003-238aa 02810 PAGE 8 KIWANIS IMPROVEMENT PROJECT IRRIGATION SECTION 02810 2.08 REMOTE IRRIGATION CONTROL EQUIPMENT Permanent controller connector: 24 station capacity, weather resistant, permanently mounted on building exterior wall, jacketed multi-conductor cable with spade lug terminals, and "D" sub-miniature connector with gold plated contacts . Housing of engineering thermoplastic incorporating a socket head cap screw as a locking 1 mechanism. Provide cable length or hard wire as required to connect irrigation controller to exterior wall connector. 2.09 PIPE BEDDING Sand Pipe Bedding: Utilize screened concrete sand free of particles larger than W O.D. 2.10 THRUST BLOCKS A. All thrust blocks shall be 2500 PSI concrete. B. Install as indicated on plan and where any field modifications result in the need for ' such support. C. All pipes shall be protected from contact with concrete thrust blocks by minimum 6- 1 mil PVC plastic or other approved barrier unless otherwise indicated. 2.11 TURF RESTORATION 1 A. Turf shall be restored as indicated in the contract documents. B. Sod: Sod shall be purchased from a grower with sandy fields. All sod shall be stacked flat and be delivered on pallets. No rolls will be accepted. Country Green Turf Farms or equal. Substitutions must be approved by Landscape Architect and owner prior to delivery. C. Hydroseed: Premium quality, not pre-germinated hydroseed, containing wood fiber mulch as supplied by Country Green Turf Farms, The Briar Group or equal. Substitutions must be approved by Landscape Architect and owner prior to delivery. PART 3— EXECUTION 3.01 EXAMINATION Investigate and verify available water supply, water pressure and flow characteristics. IAdvise Architect of any potential problems prior to commencement of work. 3.02 PREPARATION Set stakes to identify proposed sprinkler locations. Obtain Landscape Architect's approval before excavation. 3.03 EARTHWORK A. Trenching: All mainline pipe shall be installed in trenches sufficiently wide to permit tamping tools for backfilling alongside both sides of the pipe. The pipe shall be shall be laid on stable soil with the trench bottom evenly graded. Ledge rock, boulders and large stones shall be removed to provide no contact with the pipe. Excavations remaining from the removal of large rocks shall be refilled and compacted with select material. 2003-238aa 02810 PAGE 9 I KIWANIS IMPROVEMENT PROJECT t IRRIGATION SECTION 02810 B. Backfilling: Mainline and lateral pipe shall have a minimum/maximum cover as specified in Section (02810-3.8 Piping Installation) of clean backfill. If 115 volt wire j and pipe are in same trench wire shall be at code depth below the pipe. Backfill material shall be free from any roots, wood or any type of vegetative or organic material. WHERE INSUFFICIENT FINE MATERAL IS AVAILABLE FOR BACKFILLING OVER AND UNDER PIPING FOR A MINIMUM OF 4 INCHES, THE PIPES SHALL BE SAND-BEDDED WITH SAND NO LESS THAN 4 INCHES OVER, UNDER AND ON SIDES OF PIPE. SAND WILL BE PROVIDED BY IRRIGATION CONTRACTOR AS INCIDENTAL TO THIS PORTION OF THE CONTRACT. Backfilling of mainlines shall be accomplished in 6-inch lifts, compacting each lift to no more than eighty-five percent (85%) density at optimum moisture content. Backfill with 4 inches over pipe, compacting alongside and under the pipe with appropriate compactors. Additional lifts shall be 6 inches maximum and compacted before adding the next loose lift. Backfill procedures shall insure that the trench shall show no future settlement. Contractor shall obtain the approval from the Landscape Architect for the first mainline compacting effort. NOTE: All areas to receive lawn or planting shall be compacted to a density equal to that of surrounding undisturbed areas to ensure consistent plant growth following construction. Under no circumstances shall compaction in lawn or planting areas ' exceed 85% density at optimum moisture content. 3.04 SLEEVING A. Install piping in sleeves where crossing sidewalks, roadways, parking lots, and railroads. B. Install piping sleeves by boring or jacking under existing paving, where possible. 3.05 PIPING APPLICATIONS A. Use pipe, tube, fittings, and joining methods according to the following , applications. B. Pressure piping underground: Use all sizes—Schedule 40 PVC plastic, socket- type pipe fittings; and solvent-cemented joints. C. Circuit Piping: Use all sizes—Class 200 , PVC plastic, socket-type fittings; and solvent-cemented joints. D. Branches and Offsets at Sprinklers and Devices: All sizes—Schedule 40 PVC plastic, socket-type pipe fittings; and solvent-cemented joints. E. Drain Piping: ASTM D 2241, SDR 21 or 26, polyvinyl chloride (PVC) plastic pipe; ASTM D 2466, Schedule 40, PVC plastic, socket-type fittings; and solvent- cemented joints. F. Sleeves: All sizes—High density corrugated polyethylene smooth interior pipe. 4 through 10-inch diameters shall meet strength requirements of AASHTO M252. Material shall conform to ASTM D1248 Type III, Category 4, Grade P33, Class C. 2003-238aa 02810 PAGE 10 KIWANIS IMPROVEMENT PROJECT IRRIGATION SECTION 02810 Pipe point and fittings shall conform to AASHTO M252 or AASHTO M294. (Rancor HI-Q or equal). Sleeves shall be a minimum of twice the diameter of the pipe to be placed within the sleeve. In areas where length of sleeve exceeds 20' use Schedule 40, PVC plastic pipe with ASTM D 2466, Schedule 40, PVC plastic, socket type fittings, and solvent-cemented joints. 3.06 JOINT CONSTRUCTION A. Threaded Joints: Thread pipes with tapered pipe threads according to ASME B1.20.1, apply tape or joint compound, and apply wrench to valve ends into j which pipes are being threaded. I B. Polyvinyl Chloride (PVC) Piping Solvent-Cemented Joints: Construct joints according to ASTM D 2672 and ASTM D 2855. C. Handling of Solvent Cements, Primers, and Cleaners: Comply with procedures in IASTM F 402 for safe handling when joining plastic pipe and fittings with solvent cements. D. Dissimilar Materials Piping Joints: Construct joints using adapters that are compatible with both piping materials, outside diameters, and system working pressure. Refer to "Piping Systems - Common Requirements" Article for joining 1 dissimilar metal piping. 3.07 PIPING SYSTEMS - COMMON REQUIREMENTS A. General Locations and Arrangements: Drawings indicate general location and arrangement of piping systems. Indicated locations and arrangements were used to size pipe and calculate friction loss, and in other design considerations. Install I piping as indicated, except where deviations to layout are approved on coordination drawings. Do not install any valves, backflow preventers or Pressure Piping outside of property lines. B. Install pressure piping at a uniform slope of 6 inches per 100 feet (1:200) minimum, down to drain points. Drain valves are required on pressure piping at all low points on the system. Indicate locations by dimension from fixed objects on Record Documents. Install circuit piping to specified cover depths paralleling finish grade profile. System will be winterized by displacing water with compressed air. Drain valves are not required on circuit piping unless specifically noted on drawings. C. Install components having pressure rating equal to or greater than system operating pressure. D. Install piping free of sags and bends. E. Locate groups of pipes parallel to each other, spaced to permit valve servicing. F. Install fittings for changes in direction and branch connections. G. Piping Connections: Except as otherwise indicated make piping connections as specified below. 2003-238aa 02810 PAGE 11 J KIWANIS IMPROVEMENT PROJECT IRRIGATION SECTION 02810 1. Install unions, in piping 2 inches (50 mm) and smaller, adjacent to each valve and at final connection to each piece of equipment having 2-inch (50 mm) or smaller threaded pipe connection. 2. Install flanges, in piping 2-1/2 inches (65 mm) and larger, adjacent to flanged valves and at final connection to each piece of equipment having flanged pipe connection. 3. Install dielectric fittings to connect piping of dissimilar metals. 3.08 PIPING INSTALLATION A. Install underground polyvinyl chloride (PVC) plastic pipe according to ASTM D 2774. B. Lay piping on solid sub-base, free of rocks larger than 2 inches in diameter and/or ' any sharp edged objects, uniformly sloped without humps or depressions. Install polyvinyl chloride (PVC) plastic pipe in dry weather when temperature is above 40 deg. F (4 deg. C). Allow joints to cure at least 24 hours at temperature above 40 deg. F (4 deg. C) before testing, unless otherwise recommended by manufacturer. 1 C. Drain Pockets: Excavate to sizes indicated. Backfill with cleaned gravel or crushed stone, graded from 7/8 inch (16 mm) to 1/4 inch (6 mm) minimum, drain material to ' 12 inches (300 mm) below grade. Cover drain material with sheet of Miraifi 140N filter fabric or equal and backfill remainder with excavated material. D. Minimum Cover: Provide following minimum cover over top of buried piping: j 1. Pressure Piping: Minimum depth of 24 inches (600 mm),up to a maximum 30" (750 mm) below finished grade, or not less than 18 inches (460 mm) below average local frost depth. 2. Circuit Piping: 12 inches (300 mm) minimum, 16" (400 mm) maximum. 3. Drain Piping: 12 inches (300 mm)minimum. , 4. Sleeves: 24 inches (600 mm)minimum, 30" (750 mm) maximum. E. Tunneling: Install pipe under streets or other obstructions that cannot be disturbed, by tunneling, boring, or jacking. F. Install piping under sidewalks and paving in sleeves. G. All pressure and circuit piping lines shall be installed in straight lines as indicated in contract documents. Crooked trenches or shortcuts will not be accepted without prior written approval of Landscape Architect. 3.09 VALVE APPLICATIONS A. Drawings indicate valve types to be used. Where specific valve types are not ' indicated, following requirements apply: B. Buried Valves 2 Inches (50 mm) and Smaller: Bronze-body, curb stop, with tee ' head, service box and shutoff rod. 2003-238aa 02810 PAGE 12 KIWANIS IMPROVEMENT PROJECT IRRIGATION SECTION 02810 3.10 VALVE INSTALLATION A. Valves: Install underground valves in valve boxes. B. Curb Stops: Install underground curb stops in service boxes. ' C. Control Valves: Install in valve boxes, arranged for easy adjustment and removal. Install union on downstream side of valve. Set boxes square to each other and in relation to other elements such as curbs, walks and buildings. 3.11 SPRINKLER INSTALLATION A. Flush circuit piping with full head of water and install sprinklers after hydrostatic test is completed. Head spacing shall not exceed that recommended by manufacturer with as uniform water coverage as possible. Avoid over-spray onto building and hard surface pavements. iB. Install lawn sprinklers at manufacturer's recommended heights. C. Install shrubbery sprinklers at heights indicated. D. Locate part-circle sprinklers to maintain a minimum distance of 4 inches (100 mm) from walls and 2 inches (50 mm) from other boundaries, unless otherwise indicated. 3.12 AUTOMATIC CONTROL SYSTEM INSTALLATION A. Install controllers according to manufacturer's written instructions and as indicated. B. Install free-standing controllers on concrete pads. Where dimensions are not I indicated, furnish bases not less than 36 inches (915 mm) by 24 inches (610 mm) by 4 inches (100 mm) thick, and not less than 6 inches (150 mm) greater in each direction than overall dimensions of controller. C. Install control wiring in same trench with piping unless otherwise noted. D. Direct burial splicing of 24-volt a.c. wires not allowed. Contain all 24-volt a.c. wire splices including a 24" expansion curl on each leg within a valve box. Note location by dimension of all boxes on the record documents. 3.13 CONNECTIONS A. Connect piping to sprinklers, devices, valves, control valves, specialties, and accessories. B. Connect water supplies to irrigation systems. Include backflow preventer. C. Electrical Connections: Connect to power source, controllers, and automatic control valves. 1 D. Minimum requirements for electrical installations are specified in Division 16. E. Ground systems according to Division 16 Section "Grounding." 2003-238aa 02810 PAGE 13 KIWANIS IMPROVEMENT PROJECT ' IRRIGATION SECTION 02810 3.14 FIELD QUALITY CONTROL Required inspections/approvals by Landscape Architect: A. Staked head locations with 1 x 2 x 12 inch wood stakes or new/straight wire stakes with colored flags attached; and lime lines or painted lines indicating piping layout on ground prior to trenching. B. Pressure piping line visual inspection and pressure testing prior to back-filling; all 24 volt a.c. control wires to be installed prior to this visit. 1. Cap and subject the piping to a static pressure of 50 psig (345 kPa) above the operating pressure without exceeding the pressure rating of the piping system materials. Isolate test source and allow to stand for 4 hours. Leaks , and loss in test pressure constitute defects that must be repaired. Testing: perform hydrostatic test of piping and valves before backfilling trenches. Piping may be tested in sections to expedite work. 2. Repair leaks and defects with new materials and retest system or portion thereof until satisfactory results are obtained. C. Circuit piping visual inspection and pressure testing prior to back-filling pipes. 1. Cap and subject the piping to a static pressure of the existing water service line. Drip leaks in swing joints risers allowed. Leaks in piping or glued joints shall be repaired. 2. Repair leaks and defects with new materials and retest system or portion thereof until satisfactory results are obtained. 4. Operational Test: Perform Operational testing after hydrostatic testing is , complete, backfill is in place, and sprinklers are adjusted to final position. 1. Water coverage of all lawn and planting areas: if any lawn or planting areas appear to have exceptional wet or dry coverage areas as determined by the Landscape Architect (L.A.), the L.A. shall perform a Water Audit executed in accordance with the Irrigation Association (I.A.) "Certified Landscape Irrigation Auditor' procedures to determine the Distribution Uniformity (DU) of the irrigation zone(s) in question. If, based on the Water Audit, the DU factor is determined to be less than 70 percent the Contractor shall perform installation corrections as deemed necessary by the Landscape Architect to improve the DU coverage performance to 70 percent or above. Contractor shall adjust and L.A. shall re-audit the irrigation system as required until specified performance is achieved. Note: The Landscape Architect will perform a total of four (4) Contractor-requested on-site visit/irrigation system inspections without additional charge. Landscape Architect will bill Contractor at a rate of $65.00 per hour for additional irrigation inspections resulting from Contractor incomplete or incorrect work. 2. Check operation of automatic Controller and valves. 2003 238aa 02810 PAGE 14 KIWANIS IMPROVEMENT PROJECT IRRIGATION SECTION 02810 3.15 CLEANING AND ADJUSTING A. Flush dirt and debris from piping before installing sprinklers and other devices. ' B. Adjust automatic control valves to provide flow rate of rated operating pressure required for each sprinkler circuit. C. Carefully adjust lawn sprinklers so they will be flush with, or not more than, '/2 inch (13 mm) above, finish grade after completion of landscape work. D. Adjust settings of controllers and automatic control valves. 3.16 COMMISSIONING A. Starting Procedures: Follow manufacturer's written procedures. If no procedures are prescribed by manufacturers, proceed as follows: 1. Verify that specialty valves and their accessories have been installed correctly and operate correctly. 2. Verify that specified tests of piping are complete. 3. Check that sprinklers and devices are correct type. 4. Check that damaged sprinklers and devices have been replaced with new materials. 5. Check that potable water supplies have correct type backflow preventers. 6. Energize circuits to electrical equipment and devices. 7. Adjust operating controls. I B. Operational Testing: Perform operational testing after hydrostatic testing is completed, backfill is in place, and sprinklers are adjusted to final position. 3.17 DEMONSTRATION A. Demonstrate to Architect that system meets coverage requirements and that automatic controls function properly. B. Demonstrate to Owner's maintenance personnel operation of equipment, sprinklers, specialties, and accessories. Review operating and maintenance information. C. Provide 7 days written notice in advance of demonstration. 3.18 TURF RESTORATION A: All turf areas disturbed by trenching, machine damage, staging facilities, etc. resulting from this project shall be restored to original condition. B. Provide straight, cleanly cut edges of existing grass that will remain to facilitate smooth transition of restoration work. 1 C. Subgrade all areas to be restored to a depth of 6 inches below finish grade. D. Backfill top 6 inches with existing topsoil excavated during this project. Removal of all rocks greater than % inch in diameter, sticks, roots and debris. If the contractor believes the quality of existing soil is not acceptable for restoring lawn areas in accordance with paragraph F below, he or she shall bring it to the attention of the Landscape Architect and Owner prior to commencement of turf restoration. 2003-238aa 02810 PAGE 15 KIWANIS IMPROVEMENT PROJECT IRRIGATION SECTION 02810 E. Install Hydroseed or sod as specified in contract documents. F. All restored turf areas shall be warranted by the Contractor for a minimum of six months or until new plantings demonstrate adequate density and vigor and are accepted by Landscape Architect and Owner. During such time Contractor shall be responsible for all re-seeding, re-sodding, fertilization, chemical application, etc. ' necessary to establish healthy turf. END OF SECTION , 2003-238aa 02810 PAGE 16 ' KIWANIS IMPROVEMENT PROJECT LANDSCAPING SECTION 02900 ' PART 1 —GENERAL 1.01 RELATED DOCUMENTS Drawings and general provisions of the contract, including General and Supplementary Conditions and Division 1 specification sections, apply to this section. 1 1.02 SUMMARY A. This Section includes the following: 1 1. Trees. 2. Shrubs. 3. Ground covers. 4. Lawns. 5. Planting Soil and soil amendments. 6. Fertilizers and mulches. 7. Stakes and guys. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 2 Section "Site Clearing" for protection of existing trees and site clearing. 2. Division 2 Section "Demolition" for removal of existing asphalt and concrete. ' 3. Division 2 Section "Earthwork" for excavation, filling, rough grading, and subsurface aggregate drainage and drainage backfill. 4. Division 2 Section "Asphalt Paving" for asphalt paving. 4. Division 2 Section "Concrete Curbs, Gutters and Sidewalks" for concrete paving. 5. Division 2 Section "Irrigation Systems" for uniform distribution of water to planting areas, coordination of piping layout in relation to plant locations, and equipment placement at finish grades. ' 1.03 SUBMITTALS A. General: Submit each item in this article according to the Conditions of the Contract and Division 1 specification sections. B. Product certificates signed by manufacturers certifying that their products comply with specified requirements. 1. Manufacturer's certified analysis for standard products. I 2. Analysis for other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable. 3. Label data substantiating that plants, trees, shrubs, and planting materials comply with specified requirements. C. Certification of grass seed from seed vendor for each grass-seed mixture stating the botanical and common name and percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging. Certification of each seed mixture for sod, identifying sod source, including name and telephone number of supplier. 2003-238aa 02900 PAGE 1 J KIWANIS IMPROVEMENT PROJECT , LANDSCAPING SECTION 02900 , D. Qualification data for firms and persons specified in the "Quality Assurance article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and address of architects and owners, and other information specified. E. Material test reports from qualified independent testing agency indicating and interpreting test results relative to compliance of the following materials with requirements indicated. Analysis of imported planting soil. (See Section 02900-1.4 Quality Assurance ' F. Planting schedule indicating anticipated dates and locations for each type of planting. 1.04 QUALITY ASSURANCE A. Installer Qualifications: Engage an experienced installer who has completed ' landscaping work similar in material, design, and extent to that indicated for this project and with a record of successful landscape establishment. 1. Installer's Equipment: Installer shall have unlimited access to all equipment (backhoe, bobcat, etc.) necessary for completion of the landscape work on this Project. This equipment shall be readily available for use by the installer's crew members on the project site from commencement of landscape work until final approval of landscape work had been made by the Landscape Architect. 2. Installer's Field Supervision: Require installer to maintain an experienced ' full-time supervisor on the project site during times that landscaping is in progress. Supervisor shall be able to read, write and speak English fluently. B. Provide quality, size, ,enus species, and variety of trees and shrubs indicated 9 P Y complying with applicable requirements of ANSI Z60.1 American Standard for Nursery Stock." C. Planting Soil I Analysis: Furnish a soil analysis made by a qualified independent ' soil-testing agency stating percentages by weight of organic matter, by volume of inorganic matter (silt, clay, and sand), deleterious material; pH; and mineral and plant-nutrient content of planting soil. Report suitability of planting soil for growth of applicable planting material. State recommended quantities of nitrogen, phosphorus, and potash nutrients and any limestone, aluminum sulfate, or other soil amendments to be added to produce a satisfactory planting soil. D. Measurements: Measure trees and shrubs according to ANSI Z60.1 with branches and trunks or canes in their normal position. Do not prune to obtain required sizes. Take caliper measurements 6 inches (150 mm) above ground for trees up to 4- i inch (100-mm) caliper size, and 12 inches (300 mm) above ground for larger sizes. Measure main body of tree or shrub for height and spread; do not measure branches or roots tip-to-tip. 2003-238aa 02900 PAGE 2 ' KIWANIS IMPROVEMENT PROJECT LANDSCAPING SECTION 02900 E. Pre-installation Conference: Conduct conference at project site to comply with requirements of Division 1 Section "Project Meetings." Attendees to include landscape subcontractor, earthwork subcontractor, general contractor and landscape architect. 1.05 DELIVERY, STORAGE, AND HANDLING A. Packaged Materials: Deliver packaged materials in containers showing weight, analysis, and name of manufacturer. Protect materials from deterioration during delivery and while stored at site. B. Sod: Deliver freshly cut turf sod. Sod shall be covered with a tarp or other protective measure during transport to the site. Do not deliver sod to the site until the day it is to be installed. Protect sod from becoming dried out once delivered to the site. C. Trees and Shrubs: Deliver freshly dug trees and shrubs. Do not prune before delivery, except as approved by Architect. Protect bark, branches, and root systems from sun scald, drying, sweating, whipping, and other handling and tying damage. Do not bend or bind-tie trees or shrubs in such a manner as to destroy natural shape. Provide protective covering during delivery. Do not drop trees and shrubs during delivery. ' Immediately after digging bare-root stock, pack root system in wet soil or sawdust to keep root system moist until planting. D. Handle balled and burlapped stock by the root ball. ' E. Deliver trees, shrubs, ground covers, and plants after preparations for planting have been completed and install immediately. If planting is delayed more than 6 hours after delivery, set planting materials in shade, protect from weather and ' mechanical damage, and keep roots moist. 1. Heel-in bare-root stock. Soak roots in water for 2 hours if dried out. 2. Set balled stock on ground and cover ball with soil, peat moss, sawdust, or other acceptable material. 3. Do not remove container-grown stock from containers before time of planting. 4. Water root systems of trees and shrubs stored on site with a fine-mist spray. Water as often as necessary to maintain root systems in a moist condition. 1.06 PROJECT CONDITIONS 1 A. Utilities: Determine location of above grade and underground utilities and perform work in a manner that will avoid damage. Hand excavate, as required. Maintain grade stakes until removal is mutually agreed upon by parties concerned. 1 B. Excavation: When conditions detrimental to plant growth are encountered, such as rubble fill, adverse drainage conditions, or obstructions, notify Architect before Iplanting. 2003-238aa 02900 PAGE 3 KIWANIS IMPROVEMENT PROJECT , LANDSCAPING SECTION 02900 ' 1.07 COORDINATION AND SCHEDULING A. Coordinate installation of planting materials during normal planting seasons for each type of plant material required. B. Do not install any plant materials until an irrigation coverage test has been performed and authorization to proceed with planting has been given by the Landscape Architect. i 1.08 WARRANTY A. General Warranty: The special warranty specified in this article shall not deprive the Owner of other rights the Owner may have under other provisions of the contract documents and shall be in addition to, and run concurrent with, other warranties made by the Contractor under requirements of the contract documents. B. Special Warranty: Warrant the following living plant materials for a period of one year after date of substantial completion against defects including death and unsatisfactory growth, except for defect resulting from lack of maintenance, neglect, or abuse by Owner; abnormal weather conditions unusual for warranty period; or incidents that are beyond Contractor's control. 1. Trees 2. Shrubs 3. Ground covers ' 4. Lawns C. Remove and replace dead planting materials immediately unless required to plant ' in the succeeding planting season. D. Replace planting materials that are more than 25 percent dead or in an unhealthy condition at end of warranty period. E. A limit of one replacement of each plant material will be required, except for losses ' or replacements due to failure to comply with requirements. 1.09 TREE AND SHRUB MAINTENANCE A. Maintain trees and shrubs by pruning, cultivating, watering, weeding, fertilizing, tightening and repairing stakes and guy supports, and resetting to proper grades or vertical position, as required to establish healthy, viable plantings. Spray as required to keep trees and shrubs free of insects and disease. Maintain trees and shrubs for 30 days following substantial completion. B. Postfertilization: Apply supplemental applications of 8-10-8 fertilizer or similar commercial nursery blend that will provide actual nitrogen of at least 3 lb. per 1000 sq. ft. (.05 kg per 100 sq. m.) of planting bed area per year. Apply an equal supplemental application in March and June not to exceed the above annual application rate. C. Watering: Use the automatic irrigation system to keep ground cover areas uniformly moist to a minimum depth of 12 inches. Follow the procedures outlined in the "Landscape Water Management Handbook and Irrigation Scheduling Software" developed by Irrigation Training and Research Center, California 2003-238aa 02900 PAGE 4 jKIWANIS IMPROVEMENT PROJECT LANDSCAPING SECTION 02900 Polytechnic State University, San Luis Obisbo, California, 93407. Determine water application rates by local evapo-transpiration rates, plant water requirements and soil grade characteristics to determine irrigation scheduling for each zone throughout the site. 1.10 GROUND COVER MAINTENANCE A. Maintain ground cover by watering, weeding, fertilizing, and other operations as required to establish healthy, viable plantings for 30 days following substantial completion. B. Postfertilization: Apply supplemental applications of 8-10-8 fertilizer or similar commercial nursery blend that will provide actual nitrogen of at least 3 lb. per 1000 sq. ft. (0.5 kg per 100 sq. m.) of planting bed area per year, not to be duplicated with areas included by 1.9 above. Apply supplemental applications in March and June, not to exceed the annual application rate. C. Watering: Use the automatic irrigation system to keep ground cover areas uniformly moist to a depth of 8 inches. Follow the procedures outlined in the "Landscape Water Management Handbook and Irrigation Scheduling Software" developed by Irrigation Training and Research Center, California Polytechnic State University, San Luis Obisbo, California, 93407. Determine water application rates ' by evapo-transpiration rates, plant water requirements and soil grade characteristics to determine irrigation scheduling for each zone throughout the site. ' 1.11 LAWN MAINTENANCE A. Begin maintenance of lawns immediately after each area is planted and continue until acceptable lawn is established, but for not less than 30 days after date of substantial completion of project. B. Maintain and establish lawns by watering, fertilizing, weeding, mowing, trimming, 1 replanting, and other operations. Regrade, replace and roll bare or eroded areas with fresh sod as necessary to produce a uniformly smooth lawn surface. C. Watering: Use the automatic irrigation system to keep ground cover areas uniformly moist to a depth of 8 inches. Follow the procedures outlined in the "Landscape Water Management Handbook and Irrigation Scheduling Software" developed by Irrigation Training and Research Center, California Polytechnic State University, San Luis Obispo, California, 93407. Determine water application rates by evapo-transpi ration rates, plant water requirements and the soil grade characteristics to determine irrigation scheduling for each zone throughout the site. D. Mow lawns as soon as there is enough top growth to cut with mower set at specified height for principal species planted. Repeat mowing as required to maintain specified height without cutting more than 40 percent of the grass height. Remove no more than 40 percent of grass-leaf growth in initial or subsequent mowings. Do not delay mowing until grass blades bend over and become matted. Do not mow when grass is wet. 2003-238aa 02900 PAGE 5 KIWANIS IMPROVEMENT PROJECT LANDSCAPING SECTION 02900 E. Postfertilization: Fertilize lawn as needed throughout the maintenance period to appearance. Apply maintain a healthy pp pp y fertilizer to lawn after it has been freshly mowed and when grass is dry. Use 28-7-14 fertilizer or similar commercial turf blend that will provide actual nitrogen of at least 1 lb. per 1000 sq. ft. (0.5 kg per 100 sq. m) of lawn area per ' year, applied in five applications. 1.12 MAINTENANCE OPERATIONS Maintenance operations shall be performed by the landscape installation contractor unless approved otherwise by the Owner. PART 2— PRODUCTS 2.01 TREE AND SHRUB MATERIAL A. General: Furnish nursery-grown trees and shrubs conforming to ANSI Z60.1, with healthy root systems developed by transplanting or root pruning. Provide well- shaped, fully branched, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. B. Grade: Provide trees and shrubs of sizes and grades conforming to ANSI Z60.1 fort a of trees and shrubs required. Trees and shrubs of a larger size may be YP q 9 Y used if acceptable to Architect, with a proportionate increase in size of roots or balls. C. Label at least one tree and one shrub of each variety and caliper with a securely attached, waterproof tag bearing legible designation of botanical and common ' name. 2.02 SHADE AND FLOWERING TREES , A. Shade Trees: Single-stem trees with straight trunk, well-balanced crown, and intact leader, of height and caliper indicated, conforming to ANSI Z60.1 for type of trees required. Branching height shall be 1/3 to 1/2 of tree height. B. Small Trees: Small upright or spreading type, branched or pruned naturally according to species and type, and with relationship of caliper, height, and , branching recommended by ANSI Z60.1, and stem form as follows: 1. Form: Single stem 2. Form: Multi-stem, clump, with 2 or more main stems 3. Form: Multi-stem, shrub, with multiple stems C. Provide balled and burlapped trees except where bare-root trees are indicated. Container-grown trees will be acceptable in lieu of balled and burlapped trees subject to meeting ANSI Z60.1 limitations for container stock. 2003-238aa 02900 PAGE 6 ' KIWANIS IMPROVEMENT PROJECT LANDSCAPING SECTION 02900 2.03 DECIDUOUS SHRUBS A. Form and Size: Deciduous shrubs with not less than the minimum number of canes required by and measured according to ANSI Z60.1 for type, shape, and height of shrub. B. Provide balled and burlapped deciduous shrubs except where bare-root deciduous shrubs are indicated. Container-grown deciduous shrubs will be acceptable in lieu of balled and burlapped deciduous shrubs subject to meeting ANSI Z60.1 limitations for container stock. 2.04 CONIFEROUS EVERGREENS A. Form and Size: Normal-quality, well-balanced, coniferous evergreens, of type, height, spread, and shape required, conforming to ANSI Z60.1. B. Provide balled and burlapped coniferous evergreens. Container-grown coniferous evergreens will be acceptable in lieu of balled and burlapped coniferous evergreens subject to meeting ANSI Z60.1 limitations for container stock. ' 2.05 BROADLEAF EVERGREENS A. Form and Size: Normal-quality, well-balanced, broadleaf evergreens, of type, height, spread, and shape required, conforming to ANSI Z60.1. 1 B. Provide balled and burlapped broadleaf evergreens. Container-grown broadleaf evergreens will be acceptable in lieu of balled and burlapped broadleaf evergreens subject to meeting ANSI Z60.1 limitations for container stock. 2.06 GROUNDCOVERS Provide ground covers established and well rooted in removable containers or integral peat pots and with not less than the minimum number and length of runners required by ANSI Z60.1 for the pot size indicated. 2.07 GRASS MATERIALS A. Turfgrass Sod: Provide a premium sand based, non-netted sod (Premium Turfgrass, Country Green Farms, Olympia WA or approved equal) grown from fresh, clean, dry, new-crop seed complying with the Association for Official Seed Analysts' "Rules for Testing Seeds" for purity and germination tolerances. B Seed Mixture: Provide turfgrass grown from grass species and varieties, proportions by weight, and minimum percentages of purity, germination, and maximum percentage of weed seed as indicated below: Premium Turfgrass Sod 1. 50% Perennial Turf Type Ryegrass by weight; 98% purity; 90% germination. a. BRIGHTSTAR perennial ryegrass I b. MANHATTAN II E perennial ryegrass c. SHERWOOD perennial ryegrass d. QUICKSTART perennial ryegrass e. NOMAD perennial ryegrass f. CUTTER perennial ryegrass g. ADVENT perennial ryegrass 1 2003-238aa 02900 PAGE 7 KIWANIS IMPROVEMENT PROJECT LANDSCAPING SECTION 02900 2. 30% Hybrid Kentucky bluegrass by weight; 98% purity; 90% germination. a. CHATEAU Kentucky bluegrass b. P105 Kentucky bluegrass C. RAM I Kentucky bluegrass d. MERIT Kentucky bluegrass e. A-34 Kentucky bluegrass ' 3. 20% Hard Fescue by weight; 98% purity; 90% germination. a. SR3100 hard fescue b. AURORA hard fescue C. RELIANT hard fescue d. SPARTAN hard fescue C. Hydroseeding Fiber Mulch: Biodegradable, dyed-wood cellulose-fiber mulch, ' nontoxic, free of plant growth or germination inhibitors, with maximum moisture content of 15 percent and a pH range of 4.5 to 6.5. D. Non-asphaltic Tackifier: Colloidal tackifier recommended by fiber-mulch manufacturer for slurry application, nontoxic and free of plant growth or germination inhibitors. E. Grass Seed: Seed Mixture: Fresh, clean, new-crop, premium grade grass seed complying with , the `Association of Official Seed Analysts' "Rules for Testing Seeds" for purity and germination tolerances, and with species, varieties, and proportions by weight, as indicated below: ' Premium Turfgrass Seed Mixture: 1. 50% Perennial Turf Type Ryegrass by weight; 98% purity; 90% germination ' a. BRIGHTSTAR perennial ryegrass b. MANHATTAN II E perennial ryegrass C. SHERWOOD perennial ryegrass , d. QUICKSTART perennial ryegrass e. NOMAD perennial ryegrass f. CUTTER perennial ryegrass g. ADVENT perennial ryegrass 2. 30% Hybrid Kentucky bluegrass by weight; 98% purity; 90% germination a. CHATEAU Kentucky bluegrass b. P105 Kentucky bluegrass C. RAM I Kentucky bluegrass d. MERIT Kentucky bluegrass e. A-34 Kentucky bluegrass 3. 20% Hard Fescue by weight; 98% purity; 90% germination a. SR3100 hard fescue b. AURORA hard fescue C. RELIANT hard fescue d. SPARTAN hard fescue 2003-238aa 02900 PAGE 8 KIWANIS IMPROVEMENT PROJECT LANDSCAPING SECTION 02900 2.08 PLANTING SOIL A. Planting soil shall be a sand based mix (Lloyd Enterprises Greens Mix, Specialty Soils Premium Planting Soil or approved equal), which conforms to the following specifications: 1. Planting soil and / or "prior sites" shall be 100% free of noxious weed sourcing: i.e. Horsetail, Quack-grass, Morning Glory, Shepherd's Purse, Sour weed, Blackberries, etc. 2. Planting soil shall be thoroughly mixed prior to delivery to the job site. 3. Planting soil shall have a pH range of 5.0 to 6.5 with dolomitic limestone added as necessary to attain this range. 4. Planting soil particle distribution shall conform to the following (oven dry) mechanical analysis gradations: • % Passing '/2" sieve 100% • % Passing 3/8" sieve 75% • % Passing #8 sieve 50% • Maximum % Passing #40 sieve25% 5. Planting soil shall contain by volume (compacted measurement) no more than 20% nor less than 15% cured, screened lawn and garden compost. All compost shall pass a 7/16" screen. Organic content of planting soil by weight shall be 5%- 7% measured by weight loss on incineration of an oven ' dry sample. B. Contractor shall submit to the Landscape Architect a '/4 cubic foot sample of the proposed planting soil with an accompanying soil test report (refer to Section 1.4 QUALITY ASSURANCE) indicating: soil pH, mechanical particle distribution by volume, organic content by weight and any soil amendment recommendations. Landscape Architect written approval required prior to delivery of planting soil to the job site. 2.09 SOIL AMENDMENTS A. Lime: ASTM C 602, Class T, agricultural limestone containing a minimum 80 percent calcium carbonate equivalent, with a minimum 75 percent passing a No. 60 (250 micrometer) sieve shall be incorporated as required to obtain pH requirements noted in Section 2.8 PLANTING SOIL. Provide lime in the form of dolomitic limestone. B. Herbicides: EPA registered and approved, of type recommended by manufacturer; used according to label direction and in harmony with IPM practices. C. Water: Potable 2.10 FERTILIZER A. Commercial Shrub Fertilizer: Commercial-grade complete fertilizer of neutral character, consisting of fast- and slow-release nitrogen, 50 percent derived from natural organic sources of urea-form, phosphorous, and potassium in the following composition: 2003-238aa 02900 PAGE 9 KIWANIS IMPROVEMENT PROJECT r LANDSCAPING SECTION 02900 1. Composition: Nitrogen, phosphorous, and potassium in an 8-10-8 ratio unless otherwise recommended in soil reports from a qualified soil-testing agency. ' 2. Planting Tablets: as manufactured by Agriform International Chemicals, Inc. 20-10-5 n-p-k ratio, 21 gram for trees, shrubs and ground -covers. Apply at following rates: a. Trees-2 tablets for each inch of trunk diameter at base. b. Shrubs-2 tablets for each 12 inches of height and/or spread. C. G r ou nd Covers—Up to 1 gallon container 1 tablet. , d. Ground Covers—Up to 2-gallon container 2 tablets. e. Up to 5-gallon container 3 tablets. B. Commercial Turf Fertilizer: Granular fertilizer consisting of 50 percent water- insoluble, slow release nitrogen, phosphorus, and potassium in the following composition: Fertilizer will have a composition of nitrogen, phosphorus, and potassium in a 10-20-20 ratio unless otherwise recommended in soil reports from a qualified soil-testing agency. 2.11 PLANTING MULCHES ' A. Organic Mulch: Organic mulch, free from deleterious materials and suitable as a top dressing of trees and shrubs, consisting of one of the following: ' B. Type: Medium Fine Ground Bark (Sawdust Supply, Seattle, WA or equal), containing no white wood or oversized particles. , 2.12 STAKES AND GUYS A. Upright and Guy Stakes: Rough-sawn, sound, new hardwood, redwood, or pressure-preservative-treated softwood, free of knots, holes, cross grain, and other defects, 2 by 2 inches (50 by 50 mm) by length indicated, pointed at one end. B. Guy and Tie Wire: ASTM A 641 (ASTM A 641 M), Class 1, galvanized-steel wire, 2- strand, twisted, 0.106 inch (2.7 mm) in diameter. PVC Chainlock is acceptable for trees up to 3" Caliper. C. Guy Cable: 5-strand, 3/16-inch (4.8-mm) diameter, galvanized-steel cable, with zinc-coated turn buckles, 3-inch- (75-mm-) long minimum, with two 318-inch- (10- ' mm-) galvanized eyebolts. D. Hose Chafing Guard: Reinforced rubber or plastic hose at least 1/2 inch (13 mm) in diameter, black, cut to lengths required to protect tree trunks from damage. E. Flags: Standard surveyor's plastic flagging tape, white, 6 inches (150 mm) long. F. Horizontal Cross Braces: Rough-sawn, sound, new hardwood, redwood or pressure-preservative treated softwood, free of knots, holes, cross grain and other , defect, 1 by 4 inches by length required at each tree. 2003-238aa 02900 PAGE 10 , ' KIWANIS IMPROVEMENT PROJECT LANDSCAPING SECTION 02900 2.13 MISCELLANEOUS MATERIALS Anti-desiccant: Water-insoluble emulsion, permeable moisture retarder, film forming, for ' trees and shrubs. Deliver in original, sealed, and fully labeled containers and mix according to manufacturer's instructions. iPART 3— EXECUTION 3.01 EXAMINATION Examine areas to receive landscaping for compliance with requirements and for conditions affecting performance of work of this section. Be especially aware of planting ' soil depth requirements and preparation of sub-grades. Do not proceed with installation until unsatisfactory conditions have been corrected. 1 3.02 PREPARATION Lay out individual tree and shrub locations and areas for multiple plantings. Stake locations, outline areas, and secure Landscape Architect's acceptance prior to planting ' installation. Make minor location adjustments as may be required. 3.03 LAWN PLANTING PREPARATION A. Limit subgrade preparation to areas that will be planted in the immediate future. ' B. Loosen subgrade to a minimum depth of 10 inches. Remove stones larger than 1- 1/2 inches (38 mm) in any dimension and sticks, roots, rubbish, and other extraneous materials. C. All lawn areas to receive six (6) inches minimum compacted depth (measured after light rolling and natural settlement) of planting soil as required to meet finish grade contours spot elevations shown on Civil Grading Plan and/or minimum depths indicated on planting plan sections and/or details. Do not spread planting soil ' when sub-grade or planting soil is frozen or muddy. Place approximately 1/3 the thickness of planting soil required. Work into the top half of loosened sub-grade to create a transition layer and then place remainder of planting soil mixture to provide specified finish grade. D. Preparation of Unchanged Grades: Where lawns are to be planted in areas ' unaltered or undisturbed by excavating, grading, or surface soil stripping operations, prepare soil as follows: 1. Remove and dispose of existing grass, vegetation, and turf. Do not turn over into soil being prepared for lawns. 2. Loosen surface soil to a depth of at least 10 inches. Apply required soil amendments and initial fertilizers and mix thoroughly into top 4 inches (100 mm) of soil. Prior to conducting this work, locate and protect existing tree roots and utilities within lawn areas. 3. Clean surface soil of roots, plants, sods, stones, clay lumps, and other extraneous materials harmful to plant growth. 2003-238aa 02900 PAGE 11 L KIWANIS IMPROVEMENT PROJECT ' LANDSCAPING SECTION 02900 4. Remove waste material, including grass, vegetation, and turf, and legally dispose of it off the Owner's property. E. Grade lawn and grass areas to a smooth, even surface with loose, uniformly fine texture. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit fine grading to areas that can be planted in the immediate future. Remove trash, debris, and stones larger than 1 inch (25 mm) in any dimension, and other objects that may interfere with planting or maintenance operations. F. Moisten prepared lawn areas before planting when soil is dry. Water thoroughly ' and allow surface to dry before planting. Do not create muddy soil. G. Place sod in rows with staggered joints. Fine-rake ahead of installation to provide loosened soil texture for thorough bond. Tuck edges of sod together to prevent shrinkage gaps. Cut edges against hard surfaces and planting areas to provide clean flowing edge lines. Immediately apply water and roll to insure thorough contact between planting soil and sod soil. Keep sod and planting soil moist until rooting contact is established. Fill and re-roll any areas indicated settlement. Stake or staple sod on any sloped areas inclined to slide. 3.04 GROUND COVER AND PLANTING BED PREPARATION A. Loosen subgrade of planting bed areas to a minimum depth of 0 inches. Remove , stones larger than 1.5 inches (38 mm) in any dimension and sticks, roots, rubbish, and other extraneous materials. B. All ground cover and/or planting bed areas to receive six (6) inches minimum ' compacted depth (measured after light rolling and natural settlement) of planting soil as required to meet finish grade contours and spot elevations shown on Civil ' Grading Plan and/or minimum depths indicated on planting plan sections and/or details. Do not spread planting soil when sub-grade or planting soil is frozen or muddy. 1. Place approximately 1/3 the thickness of planting soil required. Work into the top half of loosened sub-grade to create a transition layer, and then place remainder of planting soil mixture to provide specified finish grade. 2. After rough grading, spread Commercial Shrub Fertilizer (8-10-8) over all ' ground cover and/or planting areas at rate of 20 pounds per 1,000 square feet along with recommended soil amendments and incorporate them into , the top six (6) inches of planting soil. 3.05 EXCAVATION FOR TREES AND SHRUBS A. Pits and Trenches: Excavate with vertical sides and with bottom of excavation slightly raised at center to assist drainage. Loosen hard subsoil in bottom of .excavation. , 1. Bare-Root Trees and Shrubs: Excavate at least 18 inches wider than root spread and deep enough to allow setting of roots on a layer of planting soil and with collar set at same grade as in nursery, but 1 inch above finish soil grade, unless otherwise indicated. Setting Layer: Allow 9 inches (225 mm) of planting soil. 2003-238aa 02900 PAGE 12 ' KIWANIS IMPROVEMENT PROJECT LANDSCAPING SECTION 02900 2. Balled and Burlapped Trees and Shrubs: Excavate approximately 2 times as wide as ball diameter and equal to ball depth, plus allow a setting layer depth of 9 inches (225 mm) of planting soil. 3. Container-Grown Trees and Shrubs: Excavate to 2 times container width and equal to depth, plus allow a setting-layer depth of 6 inches (150 mm) of planting soil. 4. Where drain the is shown or required under planted areas, excavate to top of porous backfill over tile. ' B. Dispose of subsoil removed from landscape excavations. Do not mix with planting soil or use as backfill. ' C. Obstructions: Notify Architect if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations. D. Drainage: Notify Architect if subsoil conditions evidence unexpected water seepage or retention in tree or shrub pits. E. Fill excavations with water and allow to percolate out, before placing setting layer and positioning trees and shrubs. 3.06 PLANTING TREES AND SHRUBS ' A. Set balled and burlapped stock plumb and in center of pit or trench with top of ball raised above adjacent finish grades as indicated. 1. Place stock on setting layer of compacted planting soil. ' 2. Remove burlap and wire baskets from tops of balls and partially from sides, but do not remove from under balls. Remove pallets, if any, before setting. Do not use planting stock if ball is cracked or broken before or during ' planting operation. 3. Place backfill around ball in layers, tamping to settle backfill and eliminate voids and air pockets. When pit is approximately half backfilled, water ' thoroughly before placing remainder of backfill. Install planting tablets at rate recommended in Section 2.10.A.2. Repeat watering until no more is absorbed. Water again after placing and tamping final layer of backfill. ' B. Set container-grown stock plumb and in center of pit or trench with top of ball raised above adjacent finish grades as indicated. 1. Carefully remove containers so as not to damage root balls. 2. Place stock on setting layer of compacted planting soil. 3. Place backfill around ball in layers, tamping to settle backfill and eliminate voids and air pockets. When pit is approximately half backfilled, water thoroughly before placing remainder of backfill. Install planting tablets at rate recommended in Section 2.10.A.2. Repeat watering until no more is absorbed. Water again after placing and tamping final layer of backfill. C. Set bare-root stock on cushion of planting soil. Spread roots without tangling or turning toward surface, and carefully work backfill around roots by hand. Puddle ' with water until backfill layers are completely saturated. Install planting tablets at 2003-238aa 02900 PAGE 13 KIWANIS IMPROVEMENT PROJECT ' LANDSCAPING SECTION 02900 rate recommended in Section 2.10.A.2. Plumb before backfilling, and maintain ' plumb while working backfill around roots and placing layers above roots. Remove injured roots by cutting cleanly; do not break. Set collar 1 inch (25 mm) below ' adjacent finish grade, unless otherwise indicated. D. Dish and tamp top of backfill to form a 3-inch (75-mm) high mound around the rim ' of the pit. Do not cover top of root ball with backfill. E. Wrap trees of 2-inch (50-mm) caliper and larger with trunk-wrap tape. Start at base of trunk and spiral cover trunk to height of first branches. Overlap wrap, exposing half the width, and securely attach without causing girdling. Inspect tree trunks for injury, improper pruning, and insect infestation and take corrective ' measures required before wrapping. 3.07 TREE AND SHRUB PRUNING ' Prune, thin, and shape trees and shrubs as directed by Architect. 3.08 TREE AND SHRUB GUYING AND STAKING A. Upright Staking and Tying: Stake all trees under 3 inches. Use a minimum of 2 ' stakes'of length required to penetrate at least 24 inches below finish grade to extend at least 72 inches (1800 mm) above grade. Set vertical stakes and space to avoid penetrating balls or root masses. Horizontal cross braces shall level and ' nailed firmly to each vertical stake. Use a rubber strap to support the tree trunk against the horizontal. B. Guying and Staking: Guy and stake all trees more than 2-1/2 inches caliper ' unless otherwise indicated. Securely attach no fewer than 3 guys to stakes 30 inches (760 mm) long, driven to grade. Duckbill anchors of correct size for tree , are acceptable Attach flags to each guy wire, 30 inches (760 mm) above finish grade. C. Conifers under 6 ft. shall be staked with a single 2-by-2 stake driven in at a 30 ' degree angle. Use a rubber strap to support the trunk against the stake. All conifers greater than 6 ft. in height shall be guyed as indicated above. D. It shall be the responsibility of the Contractor to insure stability for all plant material ' throughout the guarantee period. 3.09 PLANTING GROUND COVER AND PLANTS A. Space ground cover and plants as indicated. B. Dig holes large enough to allow spreading of roots. Install planting tablets at rate recommended in Section 2.10.A.2. Work soil around roots to eliminate air pockets and leave a slight saucer indentation around plants to hold water. Water ' thoroughly after planting, taking care not to cover plant crown with wet soil. 2003-238aa 02900 PAGE 14 KIWANIS IMPROVEMENT PROJECT LANDSCAPING SECTION 02900 ' 3.10 MULCHING A. Mulch backfilled surfaces of pits, trenches, planted areas, and other areas ' indicated. B. Organic Mulch: Apply an average thickness of 2 inches (50 mm) of organic mulch and finish level with adjacent finish grades. Do not place mulch against trunks or stems. 3.11 INSTALLATION OF MISCELLANEOUS MATERIALS A. Apply anti-desiccant using power spray to provide an adequate film over trunks, branches, stems, twigs, and foliage. B. When deciduous trees or shrubs are moved in full-leaf, spray with anti-desiccant at nursery before moving and again 2 weeks after planting. ' 3.12 CLEANUP AND PROTECTION A. During landscaping, keep pavements clean and work area in an orderly condition. ' B. Protect landscaping from damage due to landscape operations, operations by other contractors and trades, and trespassers. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged ' landscape work as directed. 3.13 DISPOSAL OF SURPLUS AND WASTE MATERIALS ' Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of it off the Owner's property. END OF SECTION 2003-238aa 02900 PAGE 15 L