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Home My WebLink AboutContract1000e r.r►r CAG -09-204 49 -AIA Document A101 TM -2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of theA day of December in the year 2009 (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Renton AIA standard form. An Additions and 1055 South Grady Way Deletions Report that notes added Renton, WA 98057 information as well as revisions to the Telephone: 425430-6608 standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and the Contractor: and where the author has added to or (Name, legal status, address and other information) deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect Landon Construction Group, LLC to its completion or modification. 5950 — 6`h Avenue South, Suite 200 AIA Document A201 T"-2007, Seattle, WA 98108 General Conditions of the Contract 206-764-7000 for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. for the following Project: (Name, location and detailed description) City Hall 5th & 6th Floor Renton City Hall 1055 South Grady Way Renton, WA 98057 The Architect: (Name, legal status, address and other information) Heery International, Inc. 1011 Western Avenue Suite #706 Seattle, WA 98004 Telephone Number: 206-587-0473 The Owner and Contractor agree as follows. AIA Document A101' — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the I maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (926495033) cm TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety (90) days ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American [nit. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (926495033) NW *MOO (Table deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) If the Contractor fails to complete the Work by the Substantial Completion Date (or such extension of that date which might be granted by the Owner) then Liquidated Damages in the amount of Two Hundred Dollars ($200.00) will be assessed for each calendar day that the Contractor exceeds the Substantial Completion Date. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Thirty Two Thousand, Five Hundred Thirty Seven Dollars and 00/100 ($ 132,537.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 4.3 Unit prices, if any: (Idents and state the unit price; state quantity limitations, ifany, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($ 0.00) § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: The City of Renton operates on a two-week cycle according to the 2009 and 2010 Accounts Payable Calendar, a copy - of which will be provided to the Contractor. Applications for payment must be received by the Owner a minimum of - one week prior to any Purchase Order cutoff date to be processed in that run. (Paragraphs deleted) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. AIA Document A101 TM — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 14:28:10 on 12/15/2009 under Order No. 1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (2018464118) § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five Percent (5.00%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall - be included as provided in Section 7.3.9 of AIA Document A201Tm-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five Percent (5%); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual, not a parry to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) AIA Document A101- — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (926495033) v.r § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) § 8.3 The Owner's representative: (Name, address and other information) Michael Nolan 1055 South Grady Way Renton, WA 98057 425-430-6608 mnolan@rentonwa.gov § 8.4 The Contractor's representative: (Name, address and other information) Gregory Bogard Landon Construction Goup, LLC AIA Document A101- — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized rJ reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 12/09/2009 under Order No. 1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (926495033) *QW 5950 6`h Avenue South, Suite #200 Seattle, WA 98108 206-764-7002 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date 00800 Special Condtions 10/26/09 00810 Insurance Provisions 10/26/09 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specification Exhibit: Project Manual, Renton City Hall 5`h & 6`h Floors Remodel (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings: Renton City Hall 5`h & Oh Floors Remodel (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages 1 10/30/09 1 2 11/06/09 1 Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: 1 AIA Document E201Tm-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: AIA Document A101TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the l maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (926495033) 9M Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 1 I of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007.) Type of insurance or bond Limit of liability or bond amount ($ 0.00) Performance and Payment Bond $140,669.96 This Agreement entered into as of the day and year first written above. OW (Signature) Denis Law, Mayor (Printed name and title) em" �J- l.Ja'z�� Attest: Bonnie Walton, City Clerk A.'� " �' ��. I CONTRACTOR Tgnature) rine e, u M a a,rw (Printe nam anti title) p fA�„ aal 1 1:7 U al±C} 1AC'Ir AIA Document A101 r — 2007. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (926495033) ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID ME DATE(MM/DD/YYYY) 1 LANDO-1 11/30/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TYPE OF INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hub International Northwest HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 3018 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bothell WA 98041-3018 GENERAL LIABILITYEACH Phone: 425-489-4500 Fax: 425-489-4501 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: western National Assurance Co. INSURER B. Century Surety INSURER Landon Construction Gro1��}p LLC 5950 6th Avenue South, Vpmo Seattle WA 98108 INSURER D: INSURER E: PREMISES (Eaoccurence) $ 50000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INbK LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY POLICY M/DD/YY EXPIRATION LIMITS REPRESENTATIVES. n _ - AUTHORIZEENT V —(-n3— GENERAL LIABILITYEACH OCCURRENCE $ 1000000 B X COMMERCIAL GENERAL LIABILITY CCP620646 09/21/09 09/21/10 PREMISES (Eaoccurence) $ 50000 MED EXP (Any one person) s5000 CLAIMS MADE a OCCUR II PERSONAL &ADV INJURY $ 1000000 X WA STOP GAP 1 I I X Per Proj/Per LOC GENERAL AGGREGATE ls2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG s2000000 POLICY X PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 A X ANY AUTO CPP1012874 09/20/09 09/20/10 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS i I (Per person) $ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS i (Per accident) $ PROPERTY DAMAGE $ � (Per accident) I GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1000000 B X OCCUR CLAIMS MADE CCP622118 09/21/09 09/21/10 AGGREGATE IS1000000 I$ $ DEDUCTIBLE X RETENTION $ 10000 $ WORKERS COMPENSATION AND - -i TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ SPECIAL PROVISIONS below j OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT: CITY OF RENTON. COVERAGE IS PRIMARY & NON-CONTRIBUTORY. SEE ATTACHED ENDORSEMENT. RE: CITY OF RENTON CITY HALL 5TH AND 6TH FLOORS RENOVATION CERTIFICATE HOLDER CANCELLATION CIRENT0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL CITY OF RENTON 1055 S. GRADY WAY IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR RENTON WA 98055 REPRESENTATIVES. n _ - AUTHORIZEENT V —(-n3— ACURU 25 (2001108) © ACORD CORPORATION 1988 Im CGL 1816 0106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - PRIMARY AND NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: CONTRACTORS LIMITED CLAIMS MADE GENERAL LIABILITY COVERAGE FORM CONTRACTORS LIMITED CLAIMS MADE AND REPORTED GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations include as an additional insured the person(s) or injury or damage arises has been put to its A. Section II — Who Is An Insured is amended to 2. That portion of "your work" out of which the include as an additional insured the person(s) or injury or damage arises has been put to its organization(s) shown in the Schedule, but only intended use by any person or organization with respect to liability for "bodily injury", "property other than another contractor or subcontractor damage" or "personal and advertising injury" engaged in performing operations for a caused, in whole or in part, by: principal as a part of the same project. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your C. It is agreed that the insurance provided for the behalf; benefit of the above additional insured(s) shall be primary and non-contributory, but only with in the performance of your ongoing operations for respect to liability for "bodily injury", "property the additional insured(s) at the location(s) damage" or "personal and advertising injury" designated above. caused, in whole or in part, by: B. With respect to the insurance afforded to these 1. Your acts or omissions; or additional insureds, the following additional 2. The acts or omissions of those acting on your exclusions apply: behalf; This insurance does not apply to "bodily injury" or in the performance of your ongoing operations for "property damage" occurring after: the additional insured(s) at the location(s) 1. All work, including materials, parts or designated above. equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CGL 1816 0106 Includes copyrighted material of Insurance Services Office, Inc. with its Page 1 of 1 ❑ permission. 0 ISO Properties, Inc., 2004 f� BOND #0500140 0n SECTION 00910 — PERFORMANCE BOND TO THE CITY OF RENTON FORM KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned Landon Construction Group, LLC as principal, and International Fidelity Insurance Company corporation organized and existing under the laws of the State of NJ 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 arejointlyand severally held and firmly bound to the City of One Hundred Thirty Two Thousand Five Renton in the penal sum $ Hundred Thirty Seven and no/100s * for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators of person representatives, as the case may be. * ($132,537.00) This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinance of the. City of Renton. Dated at F,11 0 ri , Washington, this (�o day of � / ! i'�'t� ("Zf 20 ° a Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG- providing for construction of City Hall 5th & 6th Floor Remodel Proiect Project Name the principal is required to furnish a bond for the faithful performance of the contract; and WHEREAS, the principal has accepted, or is about to accept, the contract, the undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, a 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. Landon Construction Group, LLC Principal Signature r`e�y f i ov' Name and -Title J International Fidelity Insurance Company Surety PO Box 3018, Bothell, WA 98041-3018 Sure dress Xf— .' is Signature Jim S. Kuich, Attorney-in-fact Agent's Name and Title (425)489-4500 Agent's phone number V� BOND TO THE CITY OF RENTON FORM, 00910-1 Tel (973) 624-7200 � OWER OF ATTORNI " INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint .... .. ... ... ..... .. .. ......... ........ .. ...... . JIM S. KUICH, ANDY'PRILL, SUSAN E CARROLL, M.J. COTTON, THERESA A. LAMB, 'NANCY J. OSBORNE STEVE WAGNER, DALE AHRENS, JIM W. DOYLE, JULIE M. GLOVER, DARLENE JAKIELSKI, BRANDON K. BUSH Bothell, WA. ....... ........ ................................................... ................ :............................................. .: its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and, amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting tailed and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 7 Y //4l\ IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be ^� Ge signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. c SEAL r y 1904 STATE OF NEW JERSEY County of Essex �ER� INTERNATIONAL FIDELITY INSURANCE COMPANY Secretary On this 16th day of October 2007, before me came the 'individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. OAFIQ� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, 41 at the City of Newark, New Jersey the day and year first above written. co O NOTARY PUI3LIC �- JEAS� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIf3INALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect I ter0 fi-AIA Document A201TM -2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) City Hall 5th & 6th Floor Remodel ADDITIONS AND DELETIONS: The author of this document has THE OWNER: added information needed for its (Name, legal status and address) completion. The author may also City of Renton have revised the text of the original 1055 South Grady Way AIA standard form. An Additions and Deletions Report that notes added Renton, WA 98057 information as well as revisions to the standard form text is available from the author and should be reviewed. A THE ARCHITECT: vertical line in the left margin of this (Name, legal status and address) document indicates where the author Heery International, Inc. has added necessary information 1011 Western Avenue and where the author has added to or Suite #706 deleted from the original AIA text. Seattle, WA 98004 This document has important legal Telephone Number: 206-587-0473 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 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 AIA Document A201 — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) *ANW 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A201- — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) INDEX (Numbers and Topics in Bold are Section Headings) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7.1, 14.1, 15.2 Addenda 1.1.1, 3.11.1 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5,7.3.9,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.10, 11.1.3 Approvals 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3.1, 7.1.2, 7.3.7, 7.4, 9.2.1, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12. 1, 12.2.1,13.5.1,13.5.2,14.2.2,14.2.4,15.1.3,15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4.1, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect's Additional Services and Expenses 2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.4.1, 3.1.3, 3.5.1, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3. 1, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2.1, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7.1, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 AIA Document A201 T — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No. 1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) cm Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1.1.1, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 7.4.1, 8.3.1, 9.3.1.1, 11.3.9 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3.1, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time 3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11. 3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Claims Subject to Arbitration 15.3.1, 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4. 1, 15.1.4 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 En Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Compliance with Laws 1. 6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1,It. 3,13.1,13.4,13.5.1,13.5.2,13.6,14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, The 1.1.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7.1, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 AIA Document A201 T — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) 0 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractor's Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1, Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor's Relationship with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 14.1, 15.1.6 Contractor's Submittals 3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1.1.8, 11.2 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 141111111110 Costs 2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2,9.9.1,10.2.1.2,10.2.5,10.4.1,11.3.1,12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5,11.3.7,14.1.3,14.2.4,15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2.1, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3.1, 2.4.1, 3.5,1, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Defective Work, Definition of 3.5.1 Definitions 1. 1, 2.1.1, 3.1.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4. 1. 1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2., 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3.1, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 AIA Document A20111 — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized rJ reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_7 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) O9 Equipment, Labor, Materials or 1. 1. 3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13. 1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4.1, 9.5.1, 9.7.1, 10.3.2, 10.4.1, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3.1, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17.1, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4.1 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Instruments of Service, Definition of 1.1.7 Insurance 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2, 11.4.1.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1, 11.4.1.5 Insurance Companies, Settlement with 11.4.10 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15. 1.1 Interpretations, Written 4.2.11, 4.2.12, 15.1.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1. 5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13.1, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 13.6.1, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 13.7, 15.4.1.1 Limitations of Liability 2.3.1, 3.2.2, 3.5.1, 3.12.10, 3.17.1, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2.1, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7.1, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 AIA Document A201TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No. 1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) Lon Loss of Use Insurance 11.3.3 Material Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 15.2.8 Mediation 8.3.1,10.3.5,10.3.6,15.2.1,15.2.5,15.2.6,15.3, 15.4.1 Minor Changes in the Work 1.1.1,3.12.8,4.2.8,7.1,7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1. 1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7. 1, 10.3.2, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3.1, 2.4.1, 3.5.1, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Notice 2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7.1, 9.10, 10.2.2, 11.1.3, 11.4.6, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 Notice, Written 2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7. 1, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1 Notice of Claims 3.7.4, 4.5, 10.2.8, 15.1.2, 15.4 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.3.1.5 Orders, Written 1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1 OWNER 2 `401, Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner's Authority 1. 5, 2.1.1, 2.3.1, 2.4.1, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3.1, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.3.3 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11.1, 3.17.1, 4.2.12, 5.3.1 Partial Occupancy or Use 9.6.6, 9.9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2.1, 9.3, 9.4, 9.5, 9.6.3, 9.7.1, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11.4 AIA Document A201T — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) cm Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 11.4.8, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Project, Definition of the 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1. 5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9. 1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Rejection of Work 3.5.1, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 3.2.1, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1. 1.2, 2.3, 2.4, 3.5.1, 3.7.4, 3.15.2, 4.2.6, 4.5, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 11.4.7, 12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of the 1.1.6 Specifications, The 1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Statute of Limitations 13.7, 15.4.1.1 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1. 2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 AIA Document A201TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 11.4.7, 11.4.8, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.4.5, 11.3.7 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5.1, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 11.4.9, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE C"n CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 4.4, 4.5, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1. 1. 1, 1. 5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 9.10.5, 11.4.7, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 11.4.3, 11.4.5, 11.4.7, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.4.5, 11.3.7 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7.1 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 AIA Document A201TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 14, 15.4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 AIA Document A201' — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 10 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) Im f ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding requirements. § 1.1.2 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 Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS 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 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. AIA Document A201T — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION 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 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information 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 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the AIA Document A201TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) En I portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 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 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor 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 Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 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 or entities other than the Contractor. AIA Document A201- — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) *48W § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall 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 loss or damage arising solely from those Owner -required means, methods, techniques, sequences or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) cm En § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. AIA Document A201T — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No. 1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) § 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; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and 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 a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. if the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 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 The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. AIA Document A201 T — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 16 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) '111111111111W 1400 § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the 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 that 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. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be 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 AIA Document A201- — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 17 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No. 1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) IV90# completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 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 waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 3.18. AIA Document A201- — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 18 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) *AW yam✓ § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an 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 Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate For Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work 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 provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither 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. AIA Document A201- — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 19 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) § 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 in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness 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 Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 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. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. AIA Document A201- — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 20 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) *4W , 900, § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 21 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) cm Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEAN UP 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. AIA Document A201- — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. Al rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 22 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) rrr ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to 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 Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in 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. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount AIA Document A201- — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 23 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No. 1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) 14W `fir for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or 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. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that 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. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has 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 will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. 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. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8 § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 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 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. AIA Document A201- — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 24 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) Lon Im § 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 that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2., for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable 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 AIA Document A201TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. Ali rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 25 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) 072 +.rrI 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 Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by 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 Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 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. AIA Document A201 T — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 26 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) *Moll *4800, § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, 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 Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. AIA Document A201- — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 27 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) Vow § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by 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. AIA Document A201' — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 28 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) `'y+ 'w § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the 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 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, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. AIA Document A201 T — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 29 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) '4r w v.r+ § 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 permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, 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), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. AIA Document A201- — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 30 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) 14Irr►' .Sao, § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. AIA Document A201- — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 31 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) "err+ N4000 § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment AIA Document A201 T — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 32 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 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. § 11.4.2 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 authorize a copy to be furnished. AIA Document A20111 — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 33 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) **W ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested 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 that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 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, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. AIA Document A2011"-2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 34 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) 1411se § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the 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 or by courier service providing proof of delivery 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 there under, 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 shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner's expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by AIA Document A201- — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 35 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) "111111lr° ,.✓ such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. 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 that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14. 1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 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 repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. AIA Document A201 T — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American [nit. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 36 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) Ii 0 § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 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 termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 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. AIA Document A201- — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 37 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) "wl/" 1"W ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parries seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a 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. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. AIA Document A201- — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3$ reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No. 1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) 'ice` 4r✓" § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1 § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. AIA Document A201- — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 39 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) § 15.3.3 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. § 15.4 ARBITRATION § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. AIA Document A201" — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 40 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) ,ow NO Additions and Deletions Report for AIA® Document A201 TM —2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:23:59 on 12/09/2009. PAGE City Hall 5th & 6th Floor Remodel (Name, legal status and address) City of Renton 1055 South Grady Way Renton, WA 98057 (Name, legal status and address) Heery International, Inc. 1011 Western Avenue Suite #706 Seattle, WA 98004 Telephone Number: 206-587-0473 Additions and Deletions Report for AIA Document A201- — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) Certification of Document's Authenticity AIAO Document D401 T M —2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:23:59 on 12/09/2009 under Order No. 1000389804—I from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA'D Document A201TM — 2007 - General Conditions of the Contract for Construction, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401- — 2003. Copyright© 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:23:59 on 12/09/2009 under Order No. 1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (961884243) M N N N cri C \ N 3 0 0 13 Q LL CO E N c m v z p c a w O E O C v E a W z 0 J n: 00 oz 0 z u D Q � rr�n U1 miZ 0 0 0 0 00 J ~ OO N Or4 r1l c� H 00 N � O L In L V V V V O p N N 0 C N j O M O � fi N 0 0 0 0 u u m m m m � 0 C ti 0 0 0 E E 0 0 x x C C v v � � O E U u m t0 N t�0 m Q o 'n 0 P WWII �3 a ° 0 v m z 0 0 z W >m m Q-�w pri - "m. gt m ON - a g X ; ., >_m m��a �� gym $-w ;o m " s�-< PDF 8 M G1 NA S < os� $ Q R >�iR em s fi lz2m WI 6. 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IF MIN SIZE ORAG YOU ARE LOOKING TH G AT S TOi �- 2!' . ZE. IT HAS BEEN REDUCED TO HASF 92E. DO NOT REFER TO THE INDI IWt TURAL SCALE C!i THE 00 ISI 1 P ASCE USES OVHiRh RA -C SCALE FOR Al DIMENSIONS OF THE ORAMNG N eA Egg cn o (D R A T m X' Friz 510 B 0' lei! _ . Es m 5 Lo p N D om --j x s f I" uJ o Z a A m c o SIXTH FLOOR PIAN - POWER KENNON P:\25005\2561-01\ACID\DWG\2561E3-6 01-11-1996 1602 haas rX vnP - r�o F a 0C _ �19 � I la e a N m A y Qy 0 e, 1 e III �Nm I lIL��I rn� 8 am \ V � Sr ¢8 Q vnP - r�o F a 0C _ �19 � I la e a N m A y Qy 0 e, 1 e III �Nm I lIL��I rn� �ym 20-z D z p A s a r D X o o C7 FTII Ex e fOp C FT -1 g cpd O N O N D� xm V/ cND b O I CO C o in ee a c O th w n. _ IE .tg '.. -n rn s Q s g' aE O THESE DRAWINGS HAVE BEEN PRINTED IN FULL SIZE AND HALF SIZE. IF THE DRAWING YOU ARE LOOKING AT IS NII 24' • 36'. IT HAS BEEN REDUCED TO HALF WE. DO NOT REFER TO THE ARCHITECTURAL SCALE ON THE INDIVIDUAL DRAWING OR DETAIL PLEASE USE APPROPRIATE GRAPHIC SCALE FOR ALL DIMENSIONS OF THE DRAWING �ym 20-z D z p A s a r D X o o C7 FTII Ex e fOp C FT -1 g cpd O N O N D� xm V/ cND b O I CO C o in ee a c O th w n. PANEL SCHEDULES KEMON P:\25005\2561-01\ACA5\DUG\2561 E6-6 12-29-1997 2017 hour 0 m m X z n m O z 1111111 0�8�9 1111111111 1011110111111111 -0111111101 111111011111 loll I I 01� IIS ��■IIS u� s 0 m m X z n m O z THESE DRAM HAVE BEEN PRINTED M FULL SIZE AND HALF SIZE. IF THE ORA NO YOU ARE LOOKING AT 6 RO 24' • 38', IT HAS BEEN REDUCED TO HALF SIZE. DO NOt REFER i0 THE ARCHITECTURAL SCALE ON THE INOMDUAL DRAWMG OR DETAIL. PLEASE USE APPROPRIATE MAPHIC SCALE FOR ALL DIMENSIONS OF WE DRAWING m CD y5tl ml� �;a� Om �m �z m om r X Oi a s IG i 6^^"Mr 030 � 1111111 0�8�9 1111111111 1011110111111111 -0111111101 111111011111 loll I I IIS ��■IIS u� THESE DRAM HAVE BEEN PRINTED M FULL SIZE AND HALF SIZE. IF THE ORA NO YOU ARE LOOKING AT 6 RO 24' • 38', IT HAS BEEN REDUCED TO HALF SIZE. DO NOt REFER i0 THE ARCHITECTURAL SCALE ON THE INOMDUAL DRAWMG OR DETAIL. PLEASE USE APPROPRIATE MAPHIC SCALE FOR ALL DIMENSIONS OF WE DRAWING m CD y5tl ml� �;a� Om �m �z m om r X Oi a s IG i 6^^"Mr 030 � 1111111 0 1111111111 11111111110111110 IIS ��■IIS 0 THESE DRAM HAVE BEEN PRINTED M FULL SIZE AND HALF SIZE. IF THE ORA NO YOU ARE LOOKING AT 6 RO 24' • 38', IT HAS BEEN REDUCED TO HALF SIZE. DO NOt REFER i0 THE ARCHITECTURAL SCALE ON THE INOMDUAL DRAWMG OR DETAIL. PLEASE USE APPROPRIATE MAPHIC SCALE FOR ALL DIMENSIONS OF WE DRAWING m CD y5tl ml� �;a� Om �m �z m om r X Oi a s IG i 6^^"Mr 030 � 1111111 1111111111 11111111110111110 IIS ��■IIS THESE DRAM HAVE BEEN PRINTED M FULL SIZE AND HALF SIZE. IF THE ORA NO YOU ARE LOOKING AT 6 RO 24' • 38', IT HAS BEEN REDUCED TO HALF SIZE. DO NOt REFER i0 THE ARCHITECTURAL SCALE ON THE INOMDUAL DRAWMG OR DETAIL. PLEASE USE APPROPRIATE MAPHIC SCALE FOR ALL DIMENSIONS OF WE DRAWING m CD y5tl ml� �;a� Om �m �z m om r X Oi a s IG i 6^^"Mr 030 � PANEL SCHEDULES KEMION P:\25005\2561-01\ACM\DWG\2561 E6-7 12-29-1997 2044 hags 0 T1 Z 0 m O z r THESE ORANINGS HAW BEEN PRINTED IN FULL SIZE AND HALF SIZE. 6 11 MA NO YOU ARE LOOKING AT IS NO 24' 1, 36'. IT HAS BEEN REDUCED TO HALF SIZE DO NOT REFER TO THE ARCHITECTURAL SCALE ON THE INDIWWAL MAMNO OR DETAIL PLEASE USE APPROPRIATE GRAPHIC SCALE FOR ALL DIMENSIONS OF THE DRAWING y 9C �Ivi V% C JQ Z D o sIIW fT1D FTI�m 3m =M �4�•pYl"�/ as° �CD J 111111111 1 1111110�� 1 �I Iloilo u31 Ell ply 11 11 110 IN 00:00 0 Mall THESE ORANINGS HAW BEEN PRINTED IN FULL SIZE AND HALF SIZE. 6 11 MA NO YOU ARE LOOKING AT IS NO 24' 1, 36'. IT HAS BEEN REDUCED TO HALF SIZE DO NOT REFER TO THE ARCHITECTURAL SCALE ON THE INDIWWAL MAMNO OR DETAIL PLEASE USE APPROPRIATE GRAPHIC SCALE FOR ALL DIMENSIONS OF THE DRAWING y 9C �Ivi V% C JQ Z D o sIIW fT1D FTI�m 3m =M �4�•pYl"�/ as° �CD J �1 Iloilo ..N Ell ply 11 00:00 Mall THESE ORANINGS HAW BEEN PRINTED IN FULL SIZE AND HALF SIZE. 6 11 MA NO YOU ARE LOOKING AT IS NO 24' 1, 36'. IT HAS BEEN REDUCED TO HALF SIZE DO NOT REFER TO THE ARCHITECTURAL SCALE ON THE INDIWWAL MAMNO OR DETAIL PLEASE USE APPROPRIATE GRAPHIC SCALE FOR ALL DIMENSIONS OF THE DRAWING y 9C �Ivi V% C JQ Z D o sIIW fT1D FTI�m 3m =M �4�•pYl"�/ as° �CD J ply THESE ORANINGS HAW BEEN PRINTED IN FULL SIZE AND HALF SIZE. 6 11 MA NO YOU ARE LOOKING AT IS NO 24' 1, 36'. IT HAS BEEN REDUCED TO HALF SIZE DO NOT REFER TO THE ARCHITECTURAL SCALE ON THE INDIWWAL MAMNO OR DETAIL PLEASE USE APPROPRIATE GRAPHIC SCALE FOR ALL DIMENSIONS OF THE DRAWING y 9C �Ivi V% C JQ Z D o sIIW fT1D FTI�m 3m =M �4�•pYl"�/ as° �CD J 00:00 Mall THESE ORANINGS HAW BEEN PRINTED IN FULL SIZE AND HALF SIZE. 6 11 MA NO YOU ARE LOOKING AT IS NO 24' 1, 36'. IT HAS BEEN REDUCED TO HALF SIZE DO NOT REFER TO THE ARCHITECTURAL SCALE ON THE INDIWWAL MAMNO OR DETAIL PLEASE USE APPROPRIATE GRAPHIC SCALE FOR ALL DIMENSIONS OF THE DRAWING y 9C �Ivi V% C JQ Z D o sIIW fT1D FTI�m 3m =M �4�•pYl"�/ as° �CD J FINAL PAYMENT FOLDER VENDOR #` V _ I -3:j�30 RETAINAGE #� CONTRACTOR- ADDRESS. ONTRACTORADDRESS. to CITY: PHONE: CONTACT PERSON. "RO VEMENT: 0Z ,A3 I CAG #' V ' AMOUNT: ■ 'Prime Contractor Contractor & Subcontractors Date Received ,'Pdme Intent to . ■Affidavit of Prevailing Wge■ .. •..� I ",Im"MWI �ill�� l -� I I 1 ■ "C ■ Citizen Comment: Campbell - James Campbell (King County) remarked that he lives on Shady Lake Greater Fairwood Community in the Fairwood area. He shared his experiences as an original Proposed Election Shady Lake Community Council member and noted that the community has held an annual public fishing derby for the past 23 years. He opined that residents in the Shady Lake area are ready to become a part of Renton. Mr. Campbell also noted that there is land available to create a community park in the area. Citizen Comment: Mankowski - Manny Mankowski (King County) remarked that he would like to see Greater Fairwood Community the entire Fairwood area annexed to Renton and stated that the Proposed Election only way to achieve that goal is to annex the Red Mill area or redraw the boundaries, and then annex the rest of the area at a later date. He remarked that he believes attempting to annex the entire area at one time will ultimately be unsuccessful. CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 12/7/2009. Council concur. 12/7/2009 Appointment: Municipal Arts Mayor Law reappointed the following individuals to the Municipal Commission Arts Commission for three-year terms expiring 12/31/2012: Britt McKenzie (Peterson), Evelyn Reingold, and Wesley Van Doren. Council concur. CAG: 09-171, 2009 Earlington City Clerk reported bid opening on 12/8/2009 for CAG -09-171, 2009 Sanitary Sewer Improvements, Earlington Water and Sanitary Sewer Improvements; 16 bids; Laser Underground & engineer's estimate $3,356,305.74; and submitted staff Earthworks recommendation to award the contract to the low bidder, Laser Underground & Earthworks Inc., in the amount of $2,162,511.12. Council concur. Executive: Office Assistant I Hire, Executive Department recommended hiring a part-time Office Print Shop Assistant I to assist with mail handling services. Council concur. Executive: D1950 Mail Inserting Executive Department recommended approval of a contract in the System, Pitney Bowes amount of $29,409 with Pitney Bowes to purchase a D1950 Mail Inserting System to replace the current equipment in the print shop. Council concur. Community Services: City Hall Community Services Department reported bid opening on Fifth & Sixth Floor Remodel, 11/10/2009 for the City Hall Fifth and Sixth Floor Remodel project; Landon Construction Group five bids; engineer's estimate $145,000; and submitted recommendation to award the contract to the low bidder, Landon Construction Group, in the amount of 5132.537.Counci concur. Printed on 02/05/2010 3 from Folio document t Verification of Documents Landon Council Approval 11/15/2010 L&I Release 02/22/2011 WA DOR Release NO Release -Retainage needs to be sent directly to DOR Employment Security Release 12/03/2010 Affidavit of Intent to pay Wages Paid Prevailing Wage Prime Contractor: Landon 07/07/2010 '� 01/19/2010 ✓ Subcontractors: Blue Sky Intgrtd 06/08/2010 " 06/08/2010 NW Fire Systems 11/09/2010 12/24/2009 ✓ Urban Electric 05/28/2010 ✓ 02/18/2010 T Bar Construction 06/01/2010 ✓ 03/25/2010✓ Retainage Release Filed Reviewed by Kari Roller 03/23/2011 Check Requftt for Non Vendor Refund or''"l bimbursement This form is to be used only for one time vendors. Please contact Accounts Payable if you have any questions regarding one time vendors. Check will be included in the next scheduled AAP check run and mailed after Council approval. C Check Request Info: Date of request: Y 3-24-11 Requestor's name: Requestor's department/division: Requestor's ext. #: Natalie Wissbrod Finance x6919 Payable to.- State o:State of Washington DOR - V# 089218 FOR Landon Construction Mail address for check.- PO heck:PO Box 47474, Olympia, WA 98504-7474 Check amount: Account number(s) to charge: Amount per account #: $9,762.34 316.000000.000.223.40.00.000 Reason for refund or reimbursement: Release retainage held on CAG 09-204 Project Complete Check handling request: Mail to contractor roval Signature: Requestor's Department Administrator, Division Director or designee: Signature: type name of signer on above line Date: *The person approving this check request must be an authorized signer. \Venton\data\Piaaa\DATA_Center\Foms\Finance\2007_Check Request for Non Vendor Refund or Reimbursement (online typeable). doc Online Tvpeabte Form, July 2007 'J- STATE OF WASHINGTON DEPARTMENT OF REVENUE CERTIFICATE OF LIEN REQUEST FOR RETAINAGE January 20, 2011 CITY OF RENTON NATALIE WISSBROD 1055 S GRADY WAY RENTON WA 98057 RE: CAG -09-204 CITY HALL 5TH & 6TH FLOOR REMODEL More than 45 days have passed since completion of the above public improvement contract. This project was performed by LANDON CONSTRUCTION GROUP LLC, UBI number 602 745 990. The Department of Revenue certifies that taxes, increases and penalties in excess of $15,000.00 are due and owing for this contract. The Department of Revenue further certifies that additional taxes, increases and penalties in excess of $183,000.00 are due and owing. Prevailing wage claims have first priority against the retainage if filed within the time period re uired. If there are no prevailing wage claims pending, retainage in the amount of $9,762.34 is due. If you have any questions regarding this request for retainage, you can reach me at (360) 725-7529. a� retti Public orks Contract Specialist, Audit cc: LANDON CONSTRUCTION GROUP LLC Audit Division • Public Works Section PO Box 47474 • Olympia WA 98504-7474 %J Sar✓ Council Meeting Minutes of Approval of Council meeting minutes of 11/15/2010. Council 11/15/2010 concur. Appeal: North Renton City Clerk reported appeal of Hearing Examiner's decision regarding Professional Building Rebuild, the North Renton Professional Building Rebuild application Moon, LUA-10-003 (LUA-10-003); appeal filed by Clifford Moon, MVH - Renton Properties, LLC, accompanied by required fee. Refer to Planning and Development Committee. CED: Tukwila Sounder Station, Community and Economic Development Department recommended City of Tukwila approval of an interlocal agreement with the City of Tukwila allowing Tukwila to serve as the lead agency for processing permits and land use applications. for the Tukwila Sounder Station project. Council concur. (See page 390 for resolution.) CAG: 09-204, City Hall 5th & 6th Community Services Department submitted CAG -09-204, City Hall Floor Remodel, Landon 5t.h & 6th Floor Remodel, and requested approval of the project, Construction Group authorization for final pay estimate in the amount of $16,662.77, commencement of a 60 -day lien period, and release of retained amount of $9,762.34 to Landon Construction Group, contractor, if all required releases are obtained. Council concur. CAG: 10-091, Renton Fire Station Community Services Department submitted CAG -10-091, Renton 17 Roof Replacement, Stanley Fire Station 17 Roof Replacement, and requested approval of the Roofing Company project, commencement of a 60 -day lien period, and release of retained amount of $6,156.77 to Stanley Roofing Company, Inc., contractor, if all required releases are obtained. Council concur. Human Resources: 2011/2012 Human Resources and Risk Management Department Healthcare Broker Services, RL recommended approval of a contract in the amount of $102,000 Evans Company with R.L. Evans Company for 2011/2012 healthcare broker services. Refer to Finance Committee. Human Resources: 2011 Claims Human Resources and Risk Management Department Processing, Healthcare recommended approval of a contract in the amount of $342,704 Management Administrators with Healthcare Management Administrators (HMA) for 2011 medical, dental, and prescription claims processing. Refer to Finance Committee. Police: Valley Special Weapons Police Department recommended approval of an interlocal and Tactics Team, Various agreement regarding the Valley Special Weapons and Tactics Team Agencies (VSWAT). Council concur. (See page 390 for resolution.) Police: Regulating Transit Center Police Department recommended adoption of an ordinance Conduct regulating conduct at the Transit Center, 219 Burnett Ave. S. Refer to Public Safety Committee. Printed on 03/23/2011 1 from Folio document O Natalie Wissbrod From: Michael J Nolan Sent: Friday, February 11, 2011 12:07 PM To: Natalie Wissbrod; 'SandyC@DOR.WA.GOV' Subject: RE: Payment detail Needed Attachments: Landon FS11 Summary.pdf; Landon City Hall Remodel Summary.pdf Sandy, Attached are the breakdown of payments for the two projects Landon Construction worked on for the City of Renton. (And these are the only projects they did for the City.) Fire Station 11: All the monies for the contractor and for sales tax were paid to Landon. The retainage is scheduled to be paid to International Fidelity, but currently the retainage has not been released. City Hall 5th & 6th Floor Remodel: Pay estimates one through four were paid to Landon (shown on the form as "Earnings Previously Paid Contractor" and "Sales Tax Previously Paid" and highlighted in yellow). Pay estimate number five was paid to International Fidelity (shown as "Earnings Due Contractor This Estimate" and "Sales Tax Due This Estimate" and highlighted in pink). The retainage is still being held by the City. Michael Nolan, AIA Facilities Coordinator I City of Renton Community Services Dept. Facilities Division Renton City Hall 16th floor 1055 S Grady Way I Renton, WA 98057 425-430-6608 office 1 425-766-6164 cell 1 425-430-6603 fax mnolan@rentonwa.sov From: Natalie Wissbrod Sent: Thursday, January 06, 20112:46 PM To: Michael J Nolan Subject: FW: Payment detail Needed Hi Michael, The DOR needs things broken down for Landon. Would you please read their email & get them what they need. Please send me copies to put with the file. Thanks, Natalie low IM City of Renton Finance Department PAYMENT TO CONTRACTOR DATE: November 8, 2010 TO: Tracy Schuld, Finance Department FROM: Michael Nolan, Community Services Dept CONTRACTOR: Landon Construction Group, LLC PROJECT NAME: City Hall 5th & 6th Floor Remodel CONTRACT NO.: CAG -09-204 ESTIMATE NO. S 1. CONTRACTOR EARNINGS THIS ESTIMATE $15,945.24 2. SALES TAX @ 9.5% $1,514.80 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $17,460.04 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $170,336.42 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $15,147.97 6. SUBTOTAL - CONTRACTOR PAYMENT $185,484.39 7. RETAINAGE ON PREVIOUS EARNINGS $8,965.08 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $797.26 9. SUBTOTAL - RETAINAGE $9,762.34 10. SALES TAX PREVIOUSLY PAID $17,033.64 11. SALES TAX DUE THIS ESTIMATE $1,514.80 12. SUBTOTAL $18,548.44 * (95% x Line 1) ** (RETAINAGE @ 5% GRAND TOTAL $213,795.17 FINANCE DEPARTMENT ACTION PAYMENT TO CONTRACTOR (LINES 5 AND 11) No. 5 $16,662.77 Account 316.220012.020.594.18.62.000 Project Code: Annexation= Z0001.0000.0000.0098 RETAINED AMOUNT (LINE 8) No. 5 $797.26 Account 316.220012.020.594.18.62.000 Project Code: Annexation= Z0001.0000.0000.0098 TOTAL THIS ESTIMATE: $17,460.03 CHARTER 116, LAWS OF 1965 I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT 1 AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM. SIGNED: P^ I P -ro cry 0 *V?-, ,--Tb I; Q Employment WASHINGTON STATE Security Department CONTRACTOR: LANDON CONSTRUCTION GROUP 13649 NE 126TH PL STE 201 KIRKLAND, WA 98034 TO: CITY OF RENTON-NATALIE WISSBROD 1055 S GRADY WAY RENTON, WA 98057 CERTIFICATE OF PAYMENT OF CONTRIBUTIONS PENALTIES AND INTEREST ON PUBLIC WORKS CONTRACT ES Reference No. 387686-009 The Employment Security Department hereby certifies those contributions, penalties and interest due from the above named contractor under the Employment Security Act have been paid in full or provided for with respect to the following public works contract: CAG -09-204 The Employment Security Department hereby certifies that it has no claim pursuant to RCW 50.24.130 against the public body named above for tax attributable to service performed for said public body by the above named contractor on the above described contract. The Employment Security Department releases its lien on the retained percentage, which is provided by RCW 60.28.040 for contributions, penalties and interest due from said contractor. This certificate does not release said contractor from liability for additional contributions, penalties and interest which may be later determined to be due with respect to the above mentioned contract. Dated at Olympia, Washington on December 3, 2010. COMMISSIONER EM.PLOYM,ENT SECURITY DEPARTMENT By � (Authorized Representative)' Original—Disbursing Officer Duplicate—Employer Triplicate—Central Office Files EMS 8449 760 R3-98 ��E $TATE O yH CY "BBU STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES CITY OF RENTON ATTN: NATALIE WISSBROD 1055 S GRADY WAY RENTON WA 98057 Certificate of Release of the State's Lien on Public Works Contracts With this letter, the Washington State Department of Labor & Industries approves of your release or payment of the contract amount retained from the following contractor --- LANDON CONSTRUCTION GROUP LLC 144,165-00 602 745 990 13649 NE 126TH PL STE 2010 KIRKLAND WA 98034-8715 --- related to the following public works contract: CITY HALL 5TH & 6TH FLR REMODEL CAG -09-204 This approval is for workers' compensation insurance premiums only. L&I's prevailing wage section separately requires all contractors on the project file an affidavit of wages paid. These affidavits must be approved before retainage can be released. In our opinion, all workers' compensation insurance premiums, increases, and penalties due to L&I from this contractor have been paid in full or are readily collectible without recourse to the state's lien on the retained percentage.** This letter's sole purpose is to communicate our release of the state's lien to the public official responsible for paying or authorizing the payment of public funds to the contractor named above. If we later determine that the contractor owes additional premiums related to the above-mentioned contract or other activities, the contractor is still liable for payment. ,Date gFcbe' 2011 at Olympia, Washington. Contract Release Specialist PATRICIA MCLAIN 360-902-5385 or MCLP235@LNI.WA.GOV ** Title 51 RCW authorizes L&I to collect workers' compensation insurance premiums, increases, and penalties. Chapter 60.28 RCW establishes L&I's priority regarding this lien. Chapter 39.12 RCW addresses L&I's requirement for affidavits of wages paid. Natalie Wissbrod %4W From: Michael J Nolan Sent: Tuesday, March 15, 2011 2:36 PM To: Natalie Wissbrod Cc: Tracy E Schuld; 'tschaak@ific.com' Subject: FW: SAIFSU0500140 Landon Construction Group Attachments: Release and Payment - SB.pdf; Release and Payment.pdf; Affidavits from Subs.pdf Hi Natalie, Here is a Release of Lien from T -Bar Construction for Fire Station 11 (CAG -09-084) and one from SB Quality Air for City Hall 5th & 6th Floor (CAG -09-204). I believe those are the only official liens that were filed against Landon Construction (I know SB Quality Air has contacted us multiple times so there may be some duplication in the file). I have also attached the last two affidavits for the City Hall project. Landon is still chasing down the last two affidavits for Fire Station 11. Is there anything else that is needed before we can release the retainage on both projects? Michael From: Tiffany Schaak I mailto:tschaakCaDIFIC.coml Sent: Tuesday, March 15, 2011 1:00 PM To: Michael J Nolan Subject: RE: SAIFSU0500140 Landon Construction Group Greetings Michael, Attached are copies of releases and payments to T -Bar and SB Quality. I am not familiar with Krause & Scheeler, please forward the contact information and/or advise them to contact us. Landon is responsible for the AIA forms, but please let me know if there are any difficulties. Do you have an estimate on when retention may be released? Thank you, Tiffany Tiffany Schaak I International Fidelity Insurance Company Senior Claims Counsel I Western Claims Division 1055 NVQ' Maple Street, Suite 102 Issaquah, WA 98027 (425) 392-8996 From: Michael J Nolan [mailto:Mnolan(a�Rentonwa.gov1 Sent: Tuesday, March 15, 2011 12:06 PM To: Tiffany Schaak Subject: SAIFSU0500140 Landon Construction Group Hello Ms. Schaak, We are getting close to the point where we could theoretically release the contract 5% retainage for both projects Landon worked on, Fire Station 11 and City Hall. However, we first need to verify that the existing liens have been resolved, otherwise we will be comps by state law to settle these claims out cue retainage funds. So I am writing to inquire as to whether your company has paid the outstanding claims by the two subcontractors. If so, I will need to obtain Lien Waivers from both subcontractors to verify this. There is also a third subcontractor, Krause & Scheeler, who contacted me just by phone, who claimed to have not been paid in full. I have a call into them to check on their status, but I will need to obtain a Lien Waiver from them, also. I had sent Landon the attached AIA forms to verify that all their contractors and suppliers had been paid, but I have not received anything back from them on either project. Will your company be taking care of these forms or do I need to pursue this with Landon? Feel free to contact me directly if you have any questions about this, Michael Nolan, AIA Facilities Coordinator I City of Renton Community Services Dept. Facilities Division Renton City Hall 16th floor 1055 S Grady Way I Renton, WA 98057 425430-6608 office 1 425-766-6164 cell 1 425-430-6603 fax mnolan@rentonwa.gov This. email has been scanned by the MessageLabs Email Security System. For more information please visit http_//www.messaQelabs.com/email S Ib 24 11 05:14p *4ww p.1 SS Quality Air, L.L.C. P.O. Box 26114 Federal Way, WA 98093 (253) 447-7365 / Fax (253) 449-7898 Fax February 23, 2011 City of Renton 1055 South Grady Way Renton, WA 98057 Fax (425) 430-6603 Facilities Department ATTN. Michael Nolan RE: Renton City Hall Tenant Improvement Project floors 5 & 6 Balance past due for HVAC work completed. Linda Sloan (253) 223-3455 Pages including- cover (12) Feb 24 11 05:14p p.2 City of Renton 1055 South Grady Way Facilities Department Renton, WA 98057 SB Quality- Air, L.L.C. P.O. Box 26114 Federal Way, WI 98993 ATTN: Michael Nolan February 23, 2011 Fax (425) 430-6603 Renton City Hall Tenant Remodel (HVAC) 1055 South Grady Way Renton, WA 98057 ( Floors 5 & 6) General Contractor: Landon Construction Group Balance due $5,951..00 13649 NE 126`i' Place STE 201 Kirkland, WA 98034 Contact: Tom Elwell (425) 482-6475 / (425) 482-2088 Michael, SB Quality Air, L.L.C. was contracted by Landon Construction to perform HVAC labor and materials on the above referenced project. All work was completed per contract. Since the date of completion SB Quality Air, L.L.C. has provided all of the necessary documentation to be paid on this project. Landon Construction has been unable to follow through with that payment, making it necessary for us to proceed with a Lien against the bond for this project.. Several months ago we received a letter fi-om IFIC Surety company informing us that they would be handling payment for this project. After many months of dialog and repeated requests for the same information from both IFIC and Landon Construction, we were assured by Tiffany Schaak, the claims manager on this case at IFIC that a check would be sent over -night to our physical address. This was at the end of November 2010. We have yet to receive payment and have attempted to contact Tiffany numerous times. We have continued also to involve Landon Construction and asked them to contact Tiffany with regards to payment on this matter. Neither of us have received a response to date. Today 1 contacted Diane Wagner in your department at Renton City Hall. I A gas advised to file a claim directly to the City of Renton by means of this letter to you. I am also providing documentation from Landon Construction, along with our original invoice as back up to this claim. Please contact nae if any further information is needed. Thank you for your prompt attention to this matter. Sincerely, Linda Sloan (253) 223-3455 lindas&bqualitjair.com Feb 24 11 05:14p *..r p.3 March 4,201,) Invoice #25981i Landon Construction Group, LLC 5950 6u' Avenue South, Suite 200 Seattle, WA 98108 ATTN: Greg Bogard 1 Tom E. Fax (206) 764-7005 Phone (206) 764-7000 Description: Renton City Hall / Floor 5 Public Works Floor b Community Economic Development and Service The following invoice is for labor and materials on the above referenced project as outlined below. Orieinal Contract Relocate (9) thermostats and (8) supply diffusers on the a floor $2,854.00 Chance order #1 Add (1) VAV box for new conference room Add new discharge plenum Add ATTO's with dampers Add flex, supply diffusers and return air grille Add seismic strapping Add thermostat Add Building Standard Alerton Controls TUX system** 5,951.00 Adjusted contract price 8,801.00* Payment reciieyed -2.850.00 Total balance due S5,951.00 Bid price excludes: Line voltage electrical, structural calculations and upgrades, gas piping, roof and wall penetrations and patching, saw cutting, low voltage fire panel work hazardous waste and abatement, air balancln& duct cleaning low voltage HVAC work painting of duct, ceiling grid world sous, heat pump relocations due to new wall locations, disconnects and motor starters, screening of mechanical equipment, fire smoke dampers, copper piping fire protection system, demo and disposal, no work in existing mechanical room, no warranty of existing equipment, condensate drains, access panels, housekeeping pads, refrigerantpiping, no energy code updating or building analyze, core drilling and x -raj s, fire stop patch; structural reinforcements, temporary heating, bond performance or payment bona; fusible link repair to any new or existingErre damper, no repair offlex duct or metal duct or equipment new or existing from independent air duct cleaners or balancers and W.S.S. T NOTE: *SB will provide thermostat low voltage wiring only *Pricing included for Building DDC & controls, however, work done by other ** Allowance for Alerton Controls TUX is $2,500. 00; the building owner will be responsible for anything that exceeds this amount `Subject to price increase on Phase 2 for any additional thermostat or supply dii f iser relocates If you have any questions feel free to call or email me. Thanks, Bart (206)779-8144 (cell) barts@sbqualityair.com Feb 24 11 05:14p p.4 NOTICE TO PUBLIC BODY OF CLAIM AGAINST BOND AND RETAINED PERCENTAGE PURSUANT TO RCW 39.08 AND RCW 60.28.010 CER17FIED MAIL, RETURN RECEIPT REQUESTED November 4, 2010 CITY OF KENT, CITY COUNCIL 1055 S GRADY WAY RENTON, WA 98057 RE. PROJECT KNOWN AS: RENTON CITY HALL, STH & 6TH FLOOR REMODEL 1055 S GRADY WAY, RENTON, WA NOTICE IS HEREBY GIVEN that the undersigned, SB QUALITY AIR LLC, has a claim in the sum of ($5,951,00) FIVE THOUSAND NINE HUNDRED FIFTY ONE DOLLARS & 00/100 dollars, against th bond taken from LANDON CONSTRUCTION GROUP INC, prindpal, and INTERNATIONAL FIDELrrf INSURANCE CO., surety. N0710E IS ALSO GIVEN that the undersigned has a claim in the sum of ($5,951.00) FIVE THOUSAND NINE HUNDRED FIFTY ONE DOLLARS & 00/100 dollars against the retained percentage taken from LANDON CONSTRUCTION GROUP INC. The above mentioned claim was for HVAC & OR RELATED MATERIALS & OR LABOR and other relates materials supplied as part for the work on contract # CAG 09-204, bond # 0500131. We also dafrr interest at the legal rate and attorneys fees should suit be necessary to collect our claim, 4YNIRIGHT, ent 56 QUALTTYAIR LL 4909 ORCA DR. NE. TACOMA, WA 98422 (253)874-2077 CC: LANDON CONSTRUCTION GROUP INC, 5950 6TH AVE S # 200, SEATTLE, WA 9,108 INTERNATIONAL FIDELITY INSURANCE CO., ONE NEWARK CENTER, 20TH FL., NEWARK, N) 07102 Order # 10-100909, dated October 26, 2010 CM INTERNATIONAL FIDELITY 10ANCE COMPANY - CLAIMS ACCOUNT ' PRINCIPAL NAME: Landon istruction', LLC L. 6601 PAYEE NAME: SB Quality Air, LLC BOND #: CLAIM ##: AMOUNT: BOND #: CLAIM #: AMOUNT: SAIFSU0500140 26064 5951.00 CHECK#: 000000000326428 DATED: 3/04/2011 326428 03 261, 28110 1:03 L LOD 2 2S+: 20 799 5DO 7 2078115 RECEIVED MAR Q 4 2011 FULL AND FINAL RELEASE & ASSIGNMENT IFIL-CLAims Whereas, the undersigned claimant entered into one or more subcontract(s), purchase order(s) or other agreements for the furnishing of labor and/or material in the prosecution of the work performed by or for the "PRINCIPAL/CONTRACTOR" identified below, for the public improvement or Project described below: PRINCIPAUCONTRACTOR: PROJECT DESCRIPTION: PROJECT LOCATED IN: PROJECT OWNER or BOND OBLIGEE: Landon Construction Group, LLC Renton City Hall City of Renton City of Renton Whereas, a payment bond and/or a performance bond bearing Bond # 0500140 (the "Bond") was issued by INTERNATIONAL FIDELITY INSURANCE COMPANY ("IFIC"), as surety, on behalf of the PRINCIPAL/CONTRACTOR, as principal, relating to the referenced Project; and Whereas, the undersigned claimant represents that the PRINCIPAL/CONTRACTOR has failed to make payment to the claimant fora $5,951.00 obligation assured by the Bond, for which failure of payment the undersigned has submitted a claim under the Bond (the "Claim"); and NOW, THEREFORE, in consideration and upon receipt of the sum of $5,951.00 to be paid, or directed, to the undersigned claimant by IFIC, as surety under the said Bond, and in consideration of potential defenses which IFIC may assert to have against such claim, the undersigned claimant hereby releases and discharges IFIC, and its successors, assigns, co -sureties, reinsurers, officers, directors, employees, agents, representatives, attorneys, engineers and consultants from any and all claims, causes of action, rights, duties, obligations and liability of whatsoever kind or nature in any way arising out of, incidental to and/or related in any manner to any and all subcontract(s), purchase order(s) and other agreements (and any change orders and extra work related thereto), arising out of, incidental to and/or related in any manner to the Project, the Bond, the Claim, and/or the administration of the Claim. AND, in further consideration thereof, the undersigned claimant reaffirms to and for the benefit of IFIC all obligations, warranties and guarantees which the undersigned may have and ever had under or in connection with its aforesaid subcontract(s), purchase order(s) and other agreement(s) (and any change orders or extra work related thereto) and agrees to perform in accordance with its (or their) terms any corrections, repairs, or replacements that may be required. And the undersigned claimant agrees to indemnify and hold harmless IFIC with regard to all claims by anyone for compensation for labor or material or services furnished for the claimant (such as by claimant's subcontractors and suppliers and laborers) for the prosecution of the claimant's work for the said Project. AND, in further consideration thereof, the undersigned claimant hereby assigns absolutely and irrevocably to IFIC, without recourse against the undersigned, all rights and claims which the undersigned may have against the PRINCIPAL/CONTRACTOR, PROJECT OWNER or BOND OBLIGEE and anyone else to compensation under, arising out of, incidental to or relating to the aforesaid subcontract(s), purchase order(s) or other agreement(s) (or otherwise to compensation for labor and material furnished for the said construction project); and the undersigned hereby appoints IFIC (and its successors and assigns) the true and lawful agent and attomcy-in- fact of the undersigned with full power of substitution and revocation with the power (but not the obligation) to ask for, demand, recover, collect and give release, discharge, acquittance, settlement or compromise for all (or at the option of the said agent any part of or none of) such compensation from any such person or entity. AND, in further consideration thereof, the undersigned claimant hereby agrees to assist and cooperate fully with IFIC in its exercise of the rights assigned to it herein, and to execute such other and further documents as may be reasonably required to implement the intention of this instrument, including but not limited to separate assignments of any stop notice or any mechanic's lien or public improvement lien filed by the undersigned in connection with the Project, and appropriate stipulations of discontinuance or other disposition of any litigation or other legal proceeding in which the undersigned is a party. The undersigned claimant hereby represents and warrants that all of its subcontractors, suppliers, laborers and lessors who supplied labor and/or materials to the Project have been paid in full; that the undersigned claimant has not before been paid any of the Claim which is the subject of this Release and Assignment; and that the undersigned claimant has made no assignment of right or interest in any portion of the Claim which is the subject of this Release and Assignment. By signing this Release you are agreeing to settle your claim not only for the injuries and/or damages related to this claim that are presently known to you but also any injuries and/or damages which you may have suffered of which you are not yet aware. By signing this Release you are precluded from bringing any further claim or legal action against the parties released for your injuries and/or damages related to the incident giving rise to this claim. IN WITNESS WHEREOF, on this c�. day of W WCi A— , 2011, the undersigned hereby acknowledges that I am the CEO/President or otherwise authorized party of the claimant named below and that I caused these presents to be duly executed with the authority and on behalf of the claimant. Claimant's Name: SB Quality Air, LLC 4925 Manta Vista Drive East Edgewood, WA 98372 O 1 By: Tammy N Miell Notary Public State of Washington My Appointment Expires 09/05/2012 Page 2 of 2 t✓ 1%W NOTICE TO PUBLIC BODY OF CLAIM AGAINST BOND AND RETAINED PERCENTAGE PURSUANT TO RCW 39.08 AND RCW 60.28.010 CERTIFIED MAIL, RETURN RECEIPT REQUESTED November 4, 2010 CITY OF !CENT, CITY COUNCIL 1055 S GRADY WAY RENTON, WA 98057 RE, PROJECT KNOWN AS: RENTON CITY HALL, STH & 6TH FLOOR REMODEL 1055 S GRADY WAY, RENTON, WA NOTICE IS HEREBY GIVEN that the undersigned, SB QUALITY AIR LLC, has a claim in the sum of ($5,951.00) FIVE THOUSAND NINE HUNDRED FIFTY ONE DOLLARS & 00/100 dollars, against the bond taken from LANDON CONSTRUCTION GROUP INC, principal, and INTERNATIONAL FIDELITY INSURANCE CO., surety. NOTICE IS ALSO GIVEN that the undersigned has a claim in the sum of ($5,951.00) FIVE THOUSAND NINE HUNDRED FIFTY ONE DOLLARS & 00/100 dollars against the retained percentage taken from LANDON CONSTRUCTION GROUP INC. The above mentioned claim was for HVAC & OR RELATED MATERIALS & OR LABOR and other related materials supplied as part for the work on contract # CAG-09�204, -bond #- 0500131. We also claim interest at the legal rate and attorneys fees should suit be necessary to collect our claim. 4YN RIGHT, ent SB QUALITY AIR LL 4909 ORCA DR. NE. TACOMA, WA 98422 (253)874-2077 CC: LANDON CONSTRUCTION GROUP INC, 5950 6TH AVE S # 200, SEATTLE, WA 98108 INTERNATIONAL FIDELITY INSURANCE CO., ONE NEWARK CENTER, 20TH FL., NEWARK, NJ 07102 Order # 10-1009091 dated October 26, 2010 crt cm International Fidelity Insurance Company Western Claims Division 1055 NW Maple Street, Suite 102 Issaquah, WA 98027 (425) 392-8996 WWW.ific.com September 1, 2010 Via Facsimile and U.S. Mail Greg Zimmerman Director of Public Works City of Renton 1055 South Grady Way Renton, WA 98055 Vwo RE: International Fidelity Insurance Company Principal: Landon Construction Group, LLC Bond No.: SAIFSU0500140 Obligee: City of Renton Project: City Hall 5`h & 6`h Floor Remodel Dear Mr. Zimmerman: Ad,k: FI S"eo-p d&" /0011/ International Fidelity Insurance Company, as Surety for the referenced project requested you to hold any payment that were, or may, become due to Landon Construction on the referenced project. Thank you for honoring our request. By this letter we hereby direct you to pay any and all funds that are currently due and any that may become due to the Surety at the following address: International Fidelity Insurance Company 1055 NW Maple Street, Suite 102 Issaquah, WA 98027 Please make the checks payable to International Fidelity Insurance Company and address thein to my attention. We base this directive on the enclosed request from Landon Construction Company and upon our rights as a performing Surety. It is our understanding that this project is complete with the exception of one issue surrounding the control package. Please advise if this issue has been resolved and if there are any other issues that prevent the release of retention. If you have any questions regarding this direction, please give me a call. Thank you for your anticipated cooperation. 1W low International Fidelity Insurance Company September 1, 2010 Page 2 of 2 Nothing contained herein shall be deemed to be an estoppels, waiver or modification of any of the Surety's rights and/or defenses. The Surety reserves all of its rights and/or defenses under any general contacts, agreements, bonds, or applicable law. Sincerely, �'Kyaa ty Insurance Company Senior Claims Counsel Western Claims Division Enclosure cc: Michael Nolan, Project Manager, City of Renton, via e-mail Landon Construction Group Steve Lepere, UW Regional Manager — Seattle Thomas McNally, Vice President HUB International Northwest, LLC City of Renton 1055 South Grady Way Renton, WA 98055 M F CONSTRUCTION GROUP, LLC Re: City Hall 5th & 6`h Floor Remodel project International Fidelity Insurance Company Bond no. 0500140 Owner's Representative: We hereby irrevocably request that all payments due or to become due on account of the contract between the City of Renton and Landon Construction Group, LLC for the referenced project be directed to and made payable to International Fidelity Insurance Company, 1055 NW Maple Street, Suite 102 Seattle, WA 98027, which company is surety on Performance and labor and Material Payment bonds given in connection with the aforesaid contract. There will be no modification or change in these instructions without the written authorization and consent of International Fidelity Insurance Company. LAND CONSTRUCTION COMPANY MAMA- P.O. : it International Fidelity Insurance Company 1055 NW Maple Street, Suite 102 Issaquah, WA 98027 (425) 392-8996 Attn: Tiffany Schaak, Senior Claims Counsel PA. Box 81205, Seattle, WA 98108 I mm.landoncg.com M International Fidelity Insurance Company Western Claims Division 1055 NW Maple Street, Suite 102 Issaquah, WA 98027 (425) 392-8996 ti"vw.ific.com August 18, 2010 Via Facsimile and U.S. Mail Greg Zimmerman Director of Public Works City of Renton 1055 South Grady Way Renton, WA 98055 wr RE: International Fidelity Insurance Company Principal: Landon Construction Group, LLC Bond No.: SAIFSU0500114 Obligee: City of Renton Project: Fire Station 11 Dear Mr. Zimmerman: da FI s"4�0 O&W 0011/ By letter dated July 28, 2010 the Surety requested you to hold any payment that were, or may, become due to Landon Construction on the referenced project. Thank you for honoring our request. By this letter we hereby direct you to pay any and all funds that are currently due and any that may become due to the Surety at the following address: International Fidelity Insurance Company 1055 NW Maple Street, Suite 102 Issaquah, WA 98027 Please make the checks payable to International Fidelity Insurance Company and address them to my attention. We base this directive on the enclosed request from Landon Construction Company and upon our rights as a performing Surety. If you have any questions regarding this direction, please give me a call. Thank you for your anticipated cooperation. Nothing contained herein shall be deemed to be an estoppels, waiver or modification of any of the Surety's rights and/or defenses. The Surety reserves all of its rights and/or defenses under any general contacts, agreements, bonds, or applicable law. l!"MM International Fidelity Insurance Company August 24, 2010 Page 2 of 2 Si Insurance Company Senior Claims Counsel Western Claims Division Enclosure cc: Landon Construction Group Steve Lepere, UW Regional Manager — Seattle Thomas McNally, Vice President HUB International Northwest, LLC 14w City of Renton 1055 South Grady Way Renton, WA 98055 Im CONSTRUCTION GROUP, LLC Re: Seismic Retrofit of Renton Fire Station I 1 International Fidelity Insurance Company Bond no. 0500114 Owner's Representative: We hereby irrevocably request that all payments due or to become due on account of the contract dated June 10th, 2009 between the City of Renton and Landon Construction Group, LLC for the referenced project be directed to and made payable to International Fidelity Insurance Company, 1055 NW Maple Street, Suite 102 Seattle, WA 98027, which company is surety on Performance and labor and Material Payment bonds given in connection with the aforesaid contract. There will be no modification or change in these instructions without the written authorization and consent of International Fidelity Insurance Company. LAND CONSTRUCTION COMPANY By: &A64__ -- Date: International Fidelity Insurance Company 1055 NW Maple Street, Suite 102 Issaqualr, WA 98027 (425) 392-8996 Attn: Tiffany Schaak, Senior Claims Counsel P.O. Box 81205, Seattle, WA 98108 1 m-Am.landoncg.com Email Or Mail to both:Washington,S+-Ae O Department venue Public WorkiampL'tion `—S, . Washington State y D hent of Labor and Industries a - C ll�t Release ` Job Order Contracting PO Box 47474 '�� ,.«w r' PO Box 44274 CAG -09-204 Olympia WA 98504-7474 Olympia, WA 98504-4272 NORTHWEST FIRE SYSTEMS LLC FAX (360)664-4159 FAX (360)902-6897 BLUE SKY INTGRTD TCHNLGS INC PWC@dor.wa.gov ContractRelease@Ini.wa.gov NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT City of Renton Attn: Natalie Wissbrod 1055 S Grady Way Renton, WA 98057 Contractor's UBI Number: 602 745 990 Date: Assigned to: Date Assigned: Nnti,-o is horohv oivon rolntivo to the comnletion of contract or nroiect described below 11/17/2010 Project Name 0.00 Contract Number Job Order Contracting City Hall 5th and 6th Floor Remodel 9,762.34 CAG -09-204 ❑ Yes [21 No Description of Work Done/Include Jobsite Address(es) NORTHWEST FIRE SYSTEMS LLC Addition of conference rooms, offices, and security walls and doors to accommodate additional work stations due to the Benson Hill Annexation. BLUE SKY INTGRTD TCHNLGS INC Contractor's Name Telephone Number Landon Construction Group 206-764-7001 Contractor Address 13649 NE 126th Place, Suite 201, Kirkland, WA 98034 If Retainage is Bonded, List Surety's Name (or attach a copy) International Fidelity Insurance Company Surety Agent's Address PO Box 3018, Bothell, WA 98041 Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted 12/14/2009 112/15/2009 108/26/2010 111/22/2010 Contract Amount Additions ( + ) Reductions (- ) Sub -Total Amount of Sales Tax Paid at 9.500% (If various rates apply, please send a breakdown) TOTAL D]---- 7 Cot -11 Q_hnnntr *_,Q Rolnw- 121,038.00 74,208.78 0.00 195,246.78 Liquidated Damages $ 0.00 Amount Disbursed $ 204,032.89 Amount Retained $ 9,762.34 $ 18,548.45 $ 213,795.23 NOTE: These two totals must be equal TOTAL $ 213,795.23 Subcontractor's Name: UBI Number: Affidavit ID (if known) URBAN ELECTRIC 602 548 602 T BAR CONSTRUCTION INC 601 517 747 NORTHWEST FIRE SYSTEMS LLC 602 799 167 BLUE SKY INTGRTD TCHNLGS INC 602 289 800 F215-038-000 10-2010 REV 31 0020e (10/11/10) Continued Ori page 2 PIPaeP T.iet all Caahenntrantnr Roin-- Subcontractor's Name: t-omaci Name: Ivlicnael Nolan UBI Number: W lAffidavit ID (if known) Title: Facilities Coordinator Email Address: mnolan@rentonwa.gov Phone Number: 425-430-6608 Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form to both DOR & L&I. DOR will forward copies of the form to Employment Security. For assistance with any questions, please contact: D.O.R (360) 725-7588 pwc@dor.wa.gov L&I (360) 902-4754 contractreleasea i.wa.gov E.S.D (360) 902-9780 pub]icworks@esd.wa.gov For tax assistance or to request this document in an alternate format, visit bttp://dor.wa.gov or call 1-800-647-7706. Teletype (TTY) users may call (360) 705-6718. F215-038-000 10-20I0 REV 31 0020e (I0/l 1110) Department of Labor and Industries �f-'`"-'« , Request for Contract Release Contract Release o PO Box 44274 2 - Olympia, WA 98504-4272 Jay( tNxn°y NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Do not pay retained funds until you have Department of Labor and Industries approval Contractor's Tax Registration No. (UBI No.) 602 745 990 From: Date: 11/8/10 Flame Address "l?abli Agency De argent Use Only City of Renton, 1055 South Grady Way, Renton, WA 98057 Assigned To: Date Assi ed Notice is hereby given relative to the completion of contract or project described below Project Name/Description of Project: City Hall 5th and 6th Floor Remodel Contract Number: CAG -09-204 Contract Amount: $204,032.83 Retained Amount: $9,762.34 Contractor's Name: Telephone Number: Landon Construction Group 206-764-7001 Contractor's Address: 13649 NE 126th Place, Suite 201, Kirkland, WA 98034 Date Contract Awarded: 1 Date Work Commenced: Date Work Completed: Date Work Accepted: 12/14/09 12/15/09 8/26/10 11/22/10 Surety or Bonding Company: International Fidelity Insurance Company Agent's Address: PO Box 3018, Bothell, WA 98041 Please list Subcontractors below: Continue Subcontractors list on other side. Subcontractor's Name UBI Number: URBAN ELECTRIC 602 548 602 T BAR CONSTRUCTION INC 601 517 747 NORTHWEST FIRE SYSTEMS LLC 602 799 167 >diSbursn Officer Comments: Contact Name: F215-038-000 Request for Contract Release 09-2009 in Phone Number: Email Address: M The Disbursing Officer must complete and submit this notice to the Department of Labor and Industries immediately after acceptance of the work done under this contract. Mail this notice to Department of Labor and Industries, Contract Release, PO Box 44274, Olympia, WA 98504-4274, or fax to (360) 902-6897 or e-mail to ContractReleaseLa)lni.wa.>zov. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of the Department's certificate of release, and then only in accordance with the certificate. For assistance contact Contract Release at (360) 902-5360. Please list Subcontractors below: Subcontractor's Name I UBI Number: BLUE SKY INTGRTD TCHNLGS INC F215-038-000 Request for Contract Release 09-2009 sTArg o� State of Waspegton 04 Department of Revenue 9 Q - x Audit Procedures & Administration m y", PO Box 47474 Olympia, Washington 98504-7474 Reg.No.: 'NM Date: NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To 1055 South Grady Way Renton, WA 98055-2132 Date Assigned Notice is hereby given relative to the completion of contract or project described below. Description of Contract Remodel of 5t and 6 th floors of City Hall Contractor's Name Landon Construction Group Phone No. 206-764-7001 Contractor's Address 13649 NE 1261 Place, Suite 201, Kirkland, WA 98034 Date Work Commenced 12/15/09 Date Work Completed 8/26/10 Date Work Accepted 11/22/10 Surety or Bonding Co. International Fidelity Insurance Company Agent's Address PO Box 3018, Bothell, WA 98041 Contract Amount: Additions or Reductions: Sales Tax: Total $ 121,038.00 $ 74,208.72 $ 18,548.45 $ 213,795.17 IM Phone No: Amount Disbursed: $ 204,032.83 Amount Retained: $ 9,762.34 Total: $ 213,795.17 (Disbursing Officer) The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504- 7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. FORM REV 31 0020 (12-92) Notice of Completion - DOR, 6th tlr. doc w✓ *✓' City of Renton Finance Department PAYMENT TO CONTRACTOR DATE: November 8, 2010 TO: Tracy Schuld, Finance Department FROM: Michael Nolan, Community Services Dept CONTRACTOR: Landon Construction Group, LLC PROJECT NAME: City Hall 5th & 6th Floor Remodel CONTRACT NO.: CAG -09-204 ESTIMATE NO. 5/, ,' 1. CONTRACTOR EARNINGS THIS ESTIMATE $15,945.24 2. SALES TAX @ 9.5% $1,514.80 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $17,460.04 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $170,336.42 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $15,147.97" 6. SUBTOTAL - CONTRACTOR PAYMENT $185,484.39 7. RETAINAGE ON PREVIOUS EARNINGS $8,965.08 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $797.26 9. SUBTOTAL - RETAINAGE $9,762.34 10. SALES TAX PREVIOUSLY PAID $17,033.64 11. SALES TAX DUE THIS ESTIMATE $1,514.80 12. SUBTOTAL $18,548.44 * (95% x Line 1) * (RETAINAGE @ 5% GRAND TOTAL $213,795.17 FINANCE DEPARTMENT ACTION PAYMENT TO CONTRACTOR (LINES 5 AND 11) No. 5 $16,662. Account 316.220012.020.594.18.62.000 Project Code: Annexation= Z0001.0000.0000.0098 RETAINED AMOUNT (LINE 8) No. 5 $797.26 Account 316.220012.020.594.18.62.000 Project Code: Annexation = Z0001.0000.0000.0098 TOTAL THIS ESTIMATE: $17,460.0 CHARTER 116, LAWS OF 1965 I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUS , DUE AND- NPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZE TO THE TIL{ , E AND CERTIFY T SAID CLAIM. SIGNED; �� a�� II/Ia Natalie Wissbrod From: Michael J Nolan Sent: Tuesday, November 16, 2010 2:18 PM To: Natalie Wissbrod Subject: RE: Ladon CAG 09-204 Attachments: RCH5_6 Payment to Contractor 5.pdf Natalie, Oops, my mistake. 316.220012.020.594.18.62.000 is the right account. Here is the corrected Payment to Contractor form. Michael From: Natalie Wissbrod Sent: Monday, November 15, 2010 2:48 PM To: Michael J Nolan Subject: Ladon CAG 09-204 Michael, It looks like all your other pay estimates went to 316.220012.020.594.18.62.000 you have this one going to 316.000000.02 0.5 94.76.63.000 Natalie 1 ....,ity of Rentor' Finance Departme,.0 PAYMENT TO CONTRACTOR DATE: November 8, 2010 TO: Tracy Schuld, Finance Department FROM: Michael Nolan, Community Services Dept CONTRACTOR: Landon Construction Group, LLC PROJECT NAME: City Hall 5th & 6th Floor Remodel CONTRACT NO.: G-09-204 1. CONTRACTOR EARNIGS THIS ESTIMATE 2. SALES TAX @ 9.5% 3. TOTAL CONTRACT AMO T THIS ESTIMATE 4. EARNINGS PREVIOUSLY PA CONTRACTOR 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE 6. SUBTOTAL - CONTRACTOR PAYMENT / 7. RETAINAGE ON PREVIOUS EARNINGS 8. ** RETAINAGE ON EARNINGS THISSTI 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL * (95% x Line 1) ** (RETAINAGE @ 5%) GRAND TOTAL FINANCE DEPARTMENT ACTION $15 45.24 1,514.80 $170,336.42 $15,147.97 PAYMENT TO CONTRACTO (LINES 5 AND 11) No 5 Account 316.000000.020.5 40.0076.63.000000 Project Code: AnnexationZ0001.0000.0000.0098 RETAINED AMOUNT (LI (8) No. 5 Account 316.000000.02 .5940.0076.63.000000 Project Code: Annexati n. = Z0001.0000.0000.0098 TOTAL THIS ESTIMA $8,965.08 $797.26 $17,033.64 $1,514.80 CHARTER 116, LAWS OF 1965 \ I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HA BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUEA NPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHOR[ D T THEN TE AND CERTIFY T SAID CLAIM. SIGNED: i� ESTIMATE NO. J5,, $17,460.04 $185,484.39 $9,762.34 $18,548.44 $213,795.17 $16,662.77 $797.26 $17,460.03 m 0 x 4 m 0 4 cn 0 m m q ,n 0 4 m In 0 m "D m z q cm V) cr t:r rip I I 1-1_,\\lANNkljljjjj 'Z- Jr 4LI ZZ 4- a V) cr t:r rip I I 1-1_,\\lANNkljljjjj 4LI ZZ 4•• --I — 0 0 + > 0 2 CS m rn cs t'i 0 > i m =r --4 m 11) Now > 0 -3 0 65 > -0 =7 1 0 1, r- 0 > 00 z n :r M 0 CL 0 z z 0 0 m on fl tn 0 EMD 0 > cr --h c ;v �i. M (D 7-, :r M 0 CL 0 z z 0 0 m on fl tn 0 EMD 0 > cr --h c ;v �i. M (D Affidavit of Wages Paid Received. 06/08/2010 Company Information: License History Industrial Insurance Premium Status Check Number. Company Signature: 0 Affidavit of Wages Paid Affidavit Id. 310044 Public Agency: Agency Contact Name: Agency Contact Phone: County: City: Job Site Address/Directions: Project Name: Contract Number: Date Intent Filed. Bid Due Date: Award Date: Job Start Date : Date Work Completed. Prime Contractor. Did Your Company Hire Subcontractors To Perform All Work? Did Your Company Hire Any Subcontractors? $ Amount of your contract (including sales tax): Number of Owners/Operators Who Performed Work: Did Employees Perform Work on This Project? COMPANY BLUE SKY INTGRTD TCHNLGS INC BLUESS1932LM 602 289 800 051,620-00 3315 S 116TH ST STE 121 SEATTLE, WA 98168 (206) 957-5100 102789099 Yes PROJECT RENTON, CITY OF MICHAEL NOLAN (425) 430-6608 KING Multiple Counties? No RENTON RENTON CITY HALL 5 & 6 09-1042 06/08/2010 11/24/2009 02/01/2010 05/01/2010 05/30/2010 LANDON CONSTRUCTION GROUP LLC LAN DOCG934P4 (206) 764-7000 No No $11,115.00 0 Yes Page 1 of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504-4540 Status: Approved on 11/22/2010 https:Hfortress.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID=310044 02/03/2011 Affidavit of Wages Paid M Does this project utilize American Recovery and Reinvestment Act No (ARRA) funds? More specifically, does this project utilize any weatherization No or energy efficiency upgrade funds (ARRA or otherwise)? Filed by. Greg Tazioli EMPLOYEES' WAGES Journey Level Trades/Occupations Page 2 of 2 County Trade Occupation Wage FringeWo Ho KING Electronic Technicians ELECTRONIC TECHNICIANS $30.24 $3.67 1 46 JOURNEY LEVEL Apprentice Trades/Occupations https:Hfortress.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID=310044 02/03/2011 Affidavit of Wages Paid I.ABC)R AND Received. 11/09/2010 I� Affidavit of Wages Paid Affidavit Id. 307484 Did Your Company Hire Subcontractors To Perform All Work? No Did Your Company Hire Any Subcontractors? No $ Amount of your contract $6,865.00 (including sales tax): Number of Owners/Operators 0 Who Performed Work: Page 1 of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504-4540 Status: Approved on 11/10/2010 https:Hfortress.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID=307484 02/03/2011 COMPANY Company Information: NORTHWEST FIRE SYSTEMS LLC NORTHFS928CR License History 602 799 167 Agency Contact Name: 874,868-01 Industrial Insurance 3315 S. 116TH STREET 11 Premium Status ,SUITE TU KWI LA, WA 98168 City: (206) 772-7502 Payment Type: Electronic Company Signature: Electronic Did Your Company Hire Subcontractors To Perform All Work? No Did Your Company Hire Any Subcontractors? No $ Amount of your contract $6,865.00 (including sales tax): Number of Owners/Operators 0 Who Performed Work: Page 1 of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504-4540 Status: Approved on 11/10/2010 https:Hfortress.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID=307484 02/03/2011 PROJECT Public Agency: RENTON, CITY OF 1055 S GRADY WAY RENTON, WA 98055 Agency Contact Name: Michael Nolan Agency Contact Phone: (425) 430-6608 County. KING Multiple Counties? No City: Renton Job Site Address/Directions: 1055 Grady Way -Renton, WA 98055 Project Name: Renton City Hall 5th and 6th floor remodel Contract Number. 09-1042 Date Intent Filed. 12/24/2009 Bid Due Date: 11/10/2009 Award Date: 11/24/2009 Job Start Date: 12/21/2009 Date Work Completed: 01/26/2010 Prime Contractor: LANDON CONSTRUCTION GROUP LLC LAN DOCG934P4 (206) 764-7000 Did Your Company Hire Subcontractors To Perform All Work? No Did Your Company Hire Any Subcontractors? No $ Amount of your contract $6,865.00 (including sales tax): Number of Owners/Operators 0 Who Performed Work: Page 1 of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504-4540 Status: Approved on 11/10/2010 https:Hfortress.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID=307484 02/03/2011 Affidavit of Wages Paid M Did Employees Perform Work on Yes This Project? Does this project utilize American Recovery and Reinvestment Act No (ARRA) funds? More specifically, does this project utilize any weatherization No or energy efficiency upgrade funds (ARRA or otherwise)? Filed by: Toni Prom EMPLOYEES' WAGES Journey Level Trades/Occupations Page 2 of 2 County Trade Occupation Wage FringeWo Ho KING SPRINKLER FITTERS (FIRE PROTECTION) JOURNEY LEVEL $44.19 $19.05 1 16 Apprentice Trades/Occupations https://fortress.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID=307484 02/03/2011 Aff*%vit of Wages Paid ►°m Affidavit of Wages Paid Page 1 of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504-4540 Received: Affidavit Id: Status: 07/07/2010 284236 Approved on 07/08/2010 Company Information: License History Industrial Insurance Premium Status COMPANY LANDON CONSTRUCTION GROUP LLC LANDOCG934P4 602 745 990 144,165-00 PO BOX 81205 SEATTLE, WA 98108 (206) 764-7000 Payment Type: Electronic Company Signature: Electronic Public Agency: Agency Contact Name: Agency Contact Phone: County. City: Job Site Address/Directions: Project Name: Contract Number. Date Intent Filed: Bid Due Date: Award Date: Job Start Date Date Work Completed: Prime Contractor., Did Your Company Hire Subcontractors To Perform All Work? Did Your Company Hire Any Subcontractors? $ Amount of your contract (including sales tax): Number of Owners/Operators Who Performed Work: Did Employees Perform Work on This PROJECT RENTON, CITY OF 1055 S GRADY WAY RENTON, WA 98055 MICHAEL NOLAN (425) 432-6608 KING Multiple Counties? No RENTON 1055 SW GRADY WAY-RENTON, WA 98057 CITY HALL 5TH & 6TH FLOOR RENOVATION CAG -09-204 01/19/2010 11/01/2009 11/12/2009 12/15/2009 04/09/2010 LANDON CONSTRUCTION GROUP LLC LANDOCG934P4 (206) 764-7000 No Yes $132,537.00 0 https://fortress.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID=284236 11/8/2010 Afl` yit of Wages Paid Project? Yes Does this project utilize American Recovery and Reinvestment Act No (ARRA) funds? More specifically, does this project utilize any weatherization or energy No efficiency upgrade funds (ARRA or otherwise)? Filed by: Michele Ableman SUBCONTRACTORS Page 2 of 2 Business Name UBI License Phone Number NORTHWEST FIRE SYSTEMS LLC 602799167 NORTHFS928CR (206) 772-7502 T BAR CONSTRUCTION INC 601517747 TBARCI"062134 (206) 682-1186 URBAN ELECTRIC 602548602 URBANE-948BL (206) 774-9768 AIR FLOW MECHANICAL INC 601718149 AIRFLM1040M4 (425) 776-9857 BRENT SMITH DRYWALL INC 600539940 BRENTSD165NT (425) 487-0103 BLUE SKY INTGRTD TCHNLGS INC 602289800 BLUESS1932LM 1 (206) 957-5100 EMPLOYEES' WAGES Journey Level Trades/Occupations County Trade Occupation Wage Fringe #WorlHou State KING CARPENTERS CARPENTER $35.39 $13.41 6 772 Apprentice Trades/Occupations Trade Occupation App Program Stag % Sta End County CARPENTERS CARPENTER INONE 1 4 75% 3001 4000 KING State Apprentice Name Reg # First Day on Proj. Last Day on Proj. ARTS Trade Wage Fringe WA MARCHAN, ELIAS O 142346 12/15/2009 01/22/2010 Carpenter $26.54 $13.41 WA MARCHAN, GILBERTO O 152680 12/15/2009 02/05/2010 Carpenter $26.54 $13.41 https://fortress.wa.gov/lni/pwiapub/AffidavitPrint. asp?ID=284236 11/8/2010 Affidavit of Wages Paid *no: �partat�ers u� ,`_ LAHOR .1N0 Affidavit of Wages Paid On Page 1 of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504-4540 Received: Affidavit Id. Status: 06/01/2010 279142 Approved on 06/01/2010 Company Information: License History Industrial Insurance Premium Status COMPANY T BAR CONSTRUCTION INC TBARCI" 06264 601 517 747 864,214-00 2939 4TH AVE S #104 SEATTLE, WA 98134 (206) 682-1186 Payment Type: Electronic Company Signature: Electronic Public Agency: Agency Contact Name: Agency Contact Phone: County: City. Job Site Address/Directions: Project Name: Contract Number., Date Intent Filed. Bid Due Date: Award Date: Job Start Date: Date Work Completed: Prime Contractor. Did Your Company Hire Subcontractors To Perform All Work? Did Your Company Hire Any Subcontractors? $ Amount of your contract (including sales tax): Number of Owners/Operators Who Performed Work: Did Employees Perform Work on This PROJECT RENTON, CITY OF 1055 S GRADY WAY RENTON, WA 98055 Michael Nolan (425) 432-6608 KING Multiple Counties? No Renton 1055 SW Grady Way -Renton, WA 98057 City Hall 5th & 6th FI Renovation CAG -09-204 03/25/2010 11/01/2009 11/12/2009 12/15/2009 04/15/2010 LANDON CONSTRUCTION GROUP LLC LANDOCG934P4 (206) 764-7000 No No $6,115.00 0 https://fortress.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID=279142 11/8/2010 Affidavit of Wages Paid Page 2 of 2 Project? Yes Does this project utilize American Recovery and Reinvestment Act No (ARRA) funds? More specifically, does this project utilize any weatherization or energy No efficiency upgrade funds (ARRA or otherwise)? Filed by. Meri E. Person EMPLOYEES' WAGES Journey Level Trades/Occupations County Trade Occupation Wage Fringe Wiorl Hou KING CARPENTERS ACOUSTICAL WORKER $35.66 1 $13.08 1 2 46.5 Apprentice Trades/Occupations https://fortress.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID=279142 11/8/2010 Affidavit of Wages Paid Affidavit of Wages Paid cm Page 1 of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504-4540 Received. Affidavit Id: Status: 05/28/2010 278419 Approved on 06/03/2010 Company Information: License History Industrial Insurance Premium Status COMPANY URBAN ELECTRIC URBANE*948BL 602 548 602 133,713-00 6402 S. 144th St. Suite #3 TUKWILA, WA 98168 (206) 774-9768 Payment Type: Electronic Company Signature: Electronic Public Agency: Agency Contact Name: Agency Contact Phone: County. City. Job Site Address/Directions Project Name: Contract Number., Date Intent Filed: Bid Due Date: Award Date: Job Start Date: Date Work Completed: Prime Contractor: Did Your Company Hire Subcontractors To Perform All Work? Did Your Company Hire Any Subcontractors? $ Amount of your contract (including sales tax): Number of Owners/Operators Who Performed Work: Did Employees Perform Work on This PROJECT RENTON, CITY OF 1055 S GRADY WAY RENTON, WA 98055 Michael Nolan (425) 432-6608 KING Multiple Counties? No Renton 1055 SW Grady Way -Renton, WA 98057 City Hall 5th & 6th Floor Renovation CAG -09-204 02/18/2010 11/01/2009 11/12/2009 12/15/2009 05/10/2010 LANDON CONSTRUCTION GROUP LLC LAN DOCG934P4 (206) 764-7000 No No $43,842.00 0 https:Hfortress.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID=278419 11/8/2010 Affidavit of Wages Paid Project? Yes Does this project utilize American Recovery and Reinvestment Act No (ARRA) funds? More specifically, does this project utilize any weatherization or energy No efficiency upgrade funds (ARRA or otherwise)? Filed by: Roxanne Hatfield EMPLOYEES' WAGES Journey Level Trades/Occupations Page 2 of 2 County Trade Occupation Wage Fringe #Hou Apprentice Name KING ELECTRICIANS - INSIDE JOURNEY LEVEL $40.81 $17.361 1 320 Apprentice Trades/Occupations Trade Occupation I App Program Stag % Sta End County ELECTRICIANS - INSIDE INONE 4 65% 3501 5000 KING State Apprentice Name Reg # First Day Last Day ARTS Wage Fringe on Proj. on Proj. Trade WA MENDOZA, MICHAEL E 156460 01/13/2010 01/25/2010 Construction Electrician $26.94 $13.32 https://fortress.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID=278419 11/8/2010 ,,,, ty of Renton Finance Departmer,,,,,K PAYMENT TO CONTRACTOR DATE: June 11, 2010 TO: Tracy Schuld, Finance Department FROM: Michael Nolan, Community Services Dept CONTRACTOR: Landon Construction Group, LLC PROJECT NAME: City Hall 5th & 6th Floor Remodel CONTRACT NO.: CAG -09-204 ESTIMATE NO. 4 1. CONTRACTOR EARNINGS THIS ESTIMATE $35,697.40 2. SALES TAX @ 9.5% $3,391.25 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $39,088.65 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $136,423.90 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $33,912.52 6. SUBTOTAL - CONTRACTOR PAYMENT $170,336.42 7. RETAINAGE ON PREVIOUS EARNINGS 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL * (95% x Line 1) ** (RETAINAGE @ 5%) GRAND TOTAL FINANCE DEPARTMENT ACTION PAYMENT TO CONTRACTOR (LINES 5 AND 11) Account 316.220012.020.594.18.62.000 Project Code: Annexation= Z0001.0000.0000.0098 RETAINED AMOUNT (LINE 8) Account 316.220012.020.594.18.62.000 Project Code: Annexation= Z0001.0000.0000.0098 TOTAL THIS ESTIMATE: $7,180.21 $1,784.87 $13,642.39 $3,391.25 $17,033.64 $196,335.14 ly No. 4 $37,303.7' No. 4 CHARTER 116, LAWS OF 1965 I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZ D TO, THENTIC AND CERTIFY TO SAID M. SIGNED: � $1,784.87 $39,0886 cm z U f� hl 0 M V7 R GN CO Q En 6a 1/i rl Q� �^ M tom, r - r Ec"m 10 w t/i 65 iA 63 %i.. 0 va w >3��0 in 6, 6R Ifi 6R c p� o�Md�n a .� � t W F`! cy A C u • O O U ed y t0 U L W U y � O a t a lu bio ma u c CL 3 �' --ia CLUz t- z V1 a t a z a c� ,III U f� hl 0 M V7 R GN CO -- pi vi Ch «� c� p, '>F rl Q� �^ M tom, r - r %i.. 0 va w v in 6, 6R Ifi 6R .� exp • O O w .r U U y � O a t a O o u Q Q to, - m u ¢ CL 3 �' --ia t- z V1 a t a mo = .d ONO cc w^WV +- '3a ?^v) o rzo,Imnn �o w 0 �.`•'� co y t- t1t1t--t11 .tW i� F V p v, y to CL : r i -t LU w CLL. CL ¢ s Z rl O r� tn� 8UJ c c a+� a �S 'L'U' A � rn o z a U w ja cc ►Ja- uWeoZm tr rr •O VV d z o o y �t- W o CC �t- �Jtn40 �� a U'�m -• Ci vi 4 vi b r oc of c *Ieor `wage APPLICATION AND CERTIFICATE FOR PAYMENT ON CONTRACT CERTIFICATE FOR PAYMENT. For parbd eom: 3/1 612 01 0 to 5121/2010 Contract fon Renton City Nail 8th and 61h Dow: 8/21/2010 Loeatat: 1055 South Grady Way, Renton, WA 98057 Cooke* No.: 4 09mraetmt: Lannon Construet1cn Group, LLC Prow No.: 091042 rxgrta»ContractMOW: $121,038.00 kM dmmp In Cm+raot Amowtt to oo*q: $67,091.71 Cawraaemeunt 5168,t29.71 ty4m to DETAIL VALUE EJifit*0 CL'M0 INVOKE 1 General Conditions $16.756.00 $16.756.00 toa% S16.756.00 $0.00 2 Payment & Peri mtance Bond 85,3w.00 55.300.00 t00% $5.300.00 $0.00 3 Irmwanoe / Bd0 Taxes / Fee $2,054.00 $2,054.00 t00% 52.054.00 $0.00 4 &*dm Risk Insurance $438.00 S430.00 lows 5436.00 $0.00 s Oemo90pn and Site Prep $9,863.00 S9.W3.00 tow. S9.963.00 SO.00 7 C erele Pakhktg $512.00 $512.00 roar. $612.00 50.00 s Roe1gt and Fir1bh Carpentry 56,962.00 $6.082.00 lorr% $6.283.80 5698.20 9 Bu# tng Inewla11on $2,076.00 $2.076.00 low. $2,076.00 $0.00 12 Doors/Froales and Hardware $20,812.00 S20.612.00 tee% S18.730.80 52,081.20 13 Glaft $3,398.00 S3.398.00 too. $3.058.20 $339.80 14 Gypsum Wallboard $14,026.00 $14,028.00 Iw% 512.625.20 $1,402.80 t6 Acoustical Calling TUe $6.509.00 $6.509.00 Itte% $6.509.00 $0.00 is Reslimt Floorktg and Base SM.00 $963.00 t00% $883.00 $0.00 17 PairtOrtg $8.925.00 Se.925.00 t00% $8.032.50 $592.50 to Whkebowd 8 Tackboards $1,824.00 $1,824.00 tows $1.824.00 $0.00 to PMOCIlDn Screens $182.00 $182.00 tee% SO.00 $182.00 21 Wktdew Coveting$ $1.240.00 $1.240.00 too•,: $1.240.00 50.00 22 Mechanical HVAC 8900.00 $810.00 sm $810.00 $0.00 23 Fire Sprk*im 56.930.00 S6.9W-00 t $6.930.00 $0.00 24 Plumbing $600.00 $600.00 tee% 5600.00 $0.00 2s Ektcttical $10.050.00 S9.585.00 ew: $9.585.00 $0.00 2s Change Order 1 $10.043.00 $10,043.00 toot: $10.043.00 $0.00 27 Change Order 2 $18.672.60 ,418rQ72 80 : $18.672.60 S0.00 28 Order 3 $38.378.11 5,30.700.89 w% $0.00 $30.700.89 SUBTOTAL $168,131.71 $179,301.49 fel6 $143,004.10 $36.297.39 TAX 8.50% SALESTAX 517.72.51 $17,(133.64 $13.585.39 $3448.25 TOTAL $2W 004.22 $198.335.13 $158,589.49 $39,745.64 Leos Retskape . 3% »........»..........«. 58.985.07 $7130.21 $1,814.86 NET 8187.970.08 $149.000.28, $37 .T8 Less Previous Paytnertds..» $149,439 28 Additional T ax 0.00% AMOUNT DUE Tats E8T8tAATIE i37 78 $37,9 M78 z kM Mmf"Y,.f6.AVtfM,Mw.l..,'►fNwMM M,..r 0"W"m MIM Mon mwo Nt.. . MI.. MM mow hmw.O..w,. w.,ulw,t,ar we, Mtrolxrt ou[ t»a tamsltt Laltden Constnttetlon Grown, LLC %IC.M+.c&�i+,n) ikcl.r .Wino) 'Cfty of Renton Finance Departmen'rw* PAYMENT TO CONTRACTOR DATE: March 16, 2010 TO: Tracy Schuld, Finance Department FROM: Michael Nolan, Community Services Dept CONTRACTOR: Landon Construction Group, LLC PROJECT NAME: City Hall 5th & 6th Floor Remodel CONTRACT NO.: CAG -09-204 ESTIMATE NO. 3 1. CONTRACTOR EARNINGS THIS ESTIMATE $74,844.51 2. SALES TAX @ 9.5% $7,110.23 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE t/ $81,954.74 4. EARNINGS PREVIOUSLY PAID CONTRACTOR 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE 6. SUBTOTAL - CONTRACTOR PAYMENT 7. RETAINAGE ON PREVIOUS EARNINGS 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL $65,321.64 $71,102.26 $3,437.98 $3,742.23 $6,532.16 $7,110.23 $136,423.90 $7,180.21 $13,642.39 * (95% x Line 1) ** (RETAIN@ 5%) GRAND TOt `L $157,246.50 FINANCg EPARTMENT ACTION PAYMENT TO CONTRACTOR (LINES 5 AND 11) No. 3 $78,212.49 Account 316.000000.020.5940.0076.63.000000 Project Code: Ann xation = Z0001.0000.0000.0098 RETAINED AM (LINE (LINE 8) No. 3 $3,742.23V/ k Account 316.00(.., ' ':020.5940.0076.63.000000 Project Code: Annexation = Z0001A+0 000.0098 TOTAL THIS ESTIMATE: t $81,954.72✓ CHARTER 116, LAWS OF 1965 THAT THE MATERIALS HAVE I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AN NPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZ T THENT E AND CERT Y TO SAID CLAIM. SIGNED j� 3 , 6 �/O 0 c 0 /�yWyr Iir 0 L+I z LUa 0 LL • W U Z Q 2 0 0 ..j CL a z z o z -I'd rt D 0 � �t�tttrrrii� NO .-+ c --' = Ch s IL��•�ttll,tt tt U �T a, j� C r i t��rl /tt�ltlt sj Cl j C — 1 L rte. rz -r; � Y r - h z 0 r fEzz _ U Q U. T 5 - �w J Z -I'd rt D 0 � �t�tttrrrii� NO .-+ --' = Ch s IL��•�ttll,tt tt �T a, j� C r i t��rl /tt�ltlt sj Cl j C — 1 L rte. rz -r; Y h es U 0 r fEzz ?C WLJ d LU G = z C] ¢ v FLu O uj O occ C, c� L a a w tT L z � a a `° x H W U EU`- H LLi V d to y G. =:) z o. C/) t-' a a, a D O N 0 Cn W U c t- x t... 1) LLJLIJ=F � - uC) a � � � UJ az cn CLt)wa� = .]in , a�.3 C.) +O 0 ad_aw d �$ a F w u CC z � d aa.. a 0 �o 'a 3 w oa z c F ud ¢ �d ^�U) Wit– ^.s= v CL ^q O CO W aO.s cc W �_ a U � 03 t-- cx: — � –i V1 '•1 �ay U n- M 4 � � � ^ - 1-i I Z LU IL G a 0 LL W Q W U H U a Cry. C `C.• .J-. .�. U L 7 .2 U r^:_ :J .G •- 7 ,"�. aa. C .�-73 cQ .-+ r i �1 rte. rz -r; Y h _ ?C WLJ d LU G = z C] ¢ v FLu O uj O occ C, c� L a a w tT L z � a a `° x H W U EU`- H LLi V d to y G. =:) z o. C/) t-' a a, a D O N 0 Cn W U c t- x t... 1) LLJLIJ=F � - uC) a � � � UJ az cn CLt)wa� = .]in , a�.3 C.) +O 0 ad_aw d �$ a F w u CC z � d aa.. a 0 �o 'a 3 w oa z c F ud ¢ �d ^�U) Wit– ^.s= v CL ^q O CO W aO.s cc W �_ a U � 03 t-- cx: — � –i V1 '•1 �ay U n- M 4 � � � ^ - 1-i I Z LU IL G a 0 LL W Q W U H U a Cry. C `C.• .J-. .�. U L 7 .2 U r^:_ :J .G •- 7 ,"�. aa. C .�-73 cQ cm CM APPLICATION AND CERTIFICATE FOR PAYMENT ON CONTRACT CERTIFICATE FOR PAYMENT. For period from; 1/27/2010 to 311512010 Contract for! Renton City Hall 5th and 6th Location: 1055 South Grady Way, Renton, WA 98057 Contractor. Landon Construction Group, LLC Date: 3/15/2010 Coddicate No.: It 3 Project No.: 09-1042 Original Contract Amount, $121,038.00 Net change in Contract Amount to Dale: 528,715.60 Adjusted Contract amount $149,753.60 ITEM No, SCHEDULE OF VALUES DETAIL ESTIMATED VALUE AMOUNT EARNED PREVIOUSLY CLAIMED THIS INVOICE 1 General Conditions $16,756,00 516.756.00 100% 59,550.92 $7,205.08 2 Payment & Performance Bond $5,300.00 55,300.00 100% $5.300.00 $0.00 3 Insurance / B&O Taxes if Fee $2,054.00 $2,054.00 100°, $2,054.00 $0.00 4 Builders Risk Insurance S436.00 S436.00 l00% S261.60 $174.40 5 Demolition and Site Prep $9,963.00 S9.963.00 IQW. $5.977.80 $3,985.20 7 Concrete Patching $512.00 $512.00 1Doe/. S000 $512.00 e Rough and Finish Carpentry $6,982.00 $6.283.80 sob $4.189.20 $2,094.60 9 Building Insulation $2,076.00 $2.076.00 tome 51.245.60 $830.40 12 Doors/Frames and Hardware $20,812.00 518.730.80 9o% S10.406.00 $8,324.80 13 Glazing $3,398.00 53.058.20 so 52.038.80 $1,019.40 14 Gypsum Wallboard $14,028.00 512.625.20 so;i $8.416.80 54,208.40 1s Acoustical Ceiling Tile $6,509.00 $6.509.00 1oo:e 53.254.50 $3,254.50 1s Resilient Flooring and Base $963.00 S963.00 100% S0.00 $963.00 17 Painting $8,925.00 $8,032.50 so% S5.355.00 $2,677.50 1s Whiteboard & Tackboards $1,824.00 $1,824.00 1,00% S1,094.40 $729.60 1s Projection Screens $182.00 $000 0% $0.00 $0.00 21 Window Coverings $1,240.00 51,240.00 l00% 50 00 $1,240.00 22 Mechanical HVAC $900.00 5810.00 90% S225.00 $585.00 23 Fire Sprinklers $6,930.00 56.930.00 look 53.465.00 $3,465.00 24 Plumbing $600.00 $600.00 100% S0.00 $600.00 25 Electrical $10,650.00 59.585.00 90% 55.325.00 $4,260.00 26 Change Order 1 $10,043.00 510.043.00 100% $0.00 $10,043.00 27 Change Order 2 $18,672.60 518.672.60 100% SO -00 $18,672.60 SUBTOTAL $149,755.60 $143,004.10 $68,159.62 $74,844.48 es% TAX 9.50% SALES TAX 514.226.78 $13,585.39 56,475.16 $7,110.23 $163,982.38 $156,589.49 $74,634.78 $81,954.71 TOTAL Less Retainage.. 5% ....... ... $7,150.21 " : $3,407.98 $3,742.23 NET, $149,439.28 �$71,226.80 $21248 Less Previous Payments,.... ,n " , , $71.226.8 50.00 $0.00 Addilional Tax 0.00°� $78,212.481. $78,212.48 AMOUNT DUE THIS ESTIMATE Tmc is Io ANY dxd ttre s-l-Iar. I:awrg compled zAh Me lem,s aW eondYbnt of The abcre menilancd eonbaCt.0 duo and patRM Vom the 04 - ft anqunl set atfir'AMOUNT DUE THIS ESTIMATE' Landon Construction Group, LLC tc,"T .0 Pum) (Mcluiect cr Enp�aeer) By By CITY OF RENTON C� MAR 112010 RECEIVED CITY CLERK'S OFFICE CC: 64 oe(. r NOTICE TO OWNER FIPORTAMIN READ BOTH SIDES OF TMS NOTICE CAREFuLLy. PROTECT YOURSELF FROM PA'RNG TWICE Late: - :2 / t (deicrii pt,iori opropextyeet address, or gen ai Io tin.) From: AT TIE REQiTE T OF: TIA LLL E 1_. (Name of person ordering the r %� professional services, materials, or equipment) 0�= C.�Ju';t`'lj'J � ' �;.;-�,�J` THIS IS NOT A LIEN: This notice is sent to you to tell you who is providing professional services, materials, or equipment for the improvement of your property and to advise you of the rights of these persons and your responsibilities. Also take note that laborers on your project may claim a lien without sending you a notice. OWNER/OCCUPIER OF EXISTING RESIDENTIAL PROPERTY Under Washington law, those who Rumish labor, professional services, materials, or equipment for the repair, remodel, or alteration of your owner -occupied principal residence and who are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien The lacer limits the amount that a lien claimant can claim against your property. Claims may only be made against that portion of the contract price you have not yet paid to your prime contractor as of the time this notice was given to you or three days after this notice was mailed to you. Review the back of this notice for more information and ways to avoid lien claims. COADI.ERCIAL ANDIOR NEW RESIDENTIAL PROPERTY We have or will be providing professional services, materials, or equipment for the improvement of your commercial or new residential project. In the event you or your contractor fail to pay us; we may file alien against your property. A lien may be claimed for all professional services, materials, or equipment furnished after a date that is sixty days before this notice was given to you or mailed to you, unless the improvement to your property is the construction of a new single-family residence, then ten days before this notice was given to you or mailed to you. Sender. I Address: S l�h 2ot REeml Ud.41, V,) A Telephone: Brief description of professional services, materials, or equipment provided or to be provided: (IMPORTANT INFORMATION ON RE'YERSE SIDE) STATUTORY NOTICE OF RIGHT TO CLAIM LIEN - page Z of 2 (1996) I 0'CO) ru L--' Ln C3 fz;7 O'co 3 U^, 0 0 03 M (32 rr > Ll Ln w co 00 CD - C) 7,11, z M RNmA I 7D C"o ru L--' Ln C3 fz;7 -4— U^, 0 M 7D ru L--' Ln C3 -4— U^, 0 03 M (32 rr Ll Ln w RNmA co CID O MW ED Er ru L--' Ln C3 0 03 M (32 rr Ll Ln w RNmA co CID O MW * ity of Renton Finance Departmef%* PAYMENT TO CONTRACTOR DATE: February 12, 2010 TO: Tracy Schuld, Finance Department FROM: Michael Nolan, Community Services Dept CONTRACTOR: Landon Construction Group, LLC PROJECT NAME: City Hall 5th & 6th Floor Remodel CONTRACT NO.: CAG -09-204 ESTIMATE NO. 2 1. CONTRACTOR EARNINGS THIS ESTIMATE $42,958.44 2. SALES TAX @ 9.5% $4,081.05 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $47,039.49 4. EARNINGS PREVIOUSLY PAID CONTRACTOR 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE 6. SUBTOTAL - CONTRACTOR PAYMENT 7. RETAINAGE ON PREVIOUS EARNINGS 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL * (95% x Line 1) ** (RETAINAGE @ 5%) GRAND TOTAL FINANCE DEPARTMENT ACTION PAYMENT TO CONTRACTOR (LINES 5 AND 11) No. 2 Account 316.000000.020.5940.0076.63.000000 Project Code: Annexation= Z0001.0000.0000.0098 RETAINED AMOUNT (LINE 8) No. 2 Account 316.000000.020.5940.0076.63.000000 Project Code: Annexation= Z0001.0000.0000.0098 TOTAL THIS ESTIMATE: $24,511.14 $40,810.50 $1,290.06 $2,147.92 $2,451.11 $4,081.05 CHARTER 116, LAWS OF 1965 I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUS,3;7 DUE AN9,4WPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZE67TO HENTI AND CERTIFY TO SAID CLAIM. SIGNED�� $65,321.64 $3,437.98 $6,532.16 $75,291.78 67 $44,891. $2,147.92 $47,039. q171 2, No V 5 U >o F ¢ o0 o� < z 3 Q��r ai QW --- LO R cm 0 LU _� uj o U. = v w~ U � U �. Ii. D . , W U 2 ,, „Wj h U C s f 41 D C7 S 01 CU Q d W —tF- w d C O ,t 0. �o ��"cN°�mca° a C 'p O :j W Of —F- __j —(a v 7► ..� Q CIO 1 O O N Q G9 ;.4 69 >- a Q _ LO P L oG C n O -o u Z zh25 Z c 5: O U J Uzi z Y91 ra. x R cm t`��urrrrrr�i NQ1� CP �rrr1li�N'� ri 1 O O H O a on ° o a � 3 v"r v) V)I tAI in1 a6s 1 4A1 l `"1 LU _� uj o U. = v w~ Q � U �. Ii. O . , W U 2 ,, „Wj h U C s f 41 Q m W.1 =may 0. C7 S 01 CU Q d W —tF- w d C O ,t 0. �o ��"cN°�mca° a C 'p O :j W Of —F- __j —(a v 7► ..� N V)I tAI in1 a6s 1 4A1 l `"1 r•i 4 tri �C r: oo C; Lou Le W - z is J Clui 2 UJ e z a-'0 N �aLCU)� W 00 M o — 9 Z uiCL 0 LL I— C? LL U uLi V Q LU _� uj o U. = v w~ Q � U �. Ii. O . , W U 2 ,, „Wj h U C s f 41 Q m W.1 =may 0. C7 S 01 CU Q d W —tF- w d C O ,t 0. �o ��"cN°�mca° a C 'p O :j W Of —F- __j —(a v 7► ..� r•i 4 tri �C r: oo C; Lou Le W - z is J Clui 2 UJ e z a-'0 N �aLCU)� W 00 M o — 9 Z uiCL 0 LL I— C? LL U uLi V Q APPLICATION AND CERTIFICATE FOR PAYMENT ON CONTRACT CERTIFICATE FOR PAYMENT. For period from: 12/28/2009 to 1/27/2010 Contract for. Renton City Hall 5th and 6th Location: 1055 South Grady Way, Renton, WA 98057 Contractor: Landon Construction Group, LLC Date: 1/27/2010 Certificate No.: # 2 Project No.: 09-1042 Original Contract Amount $121,041).00 r7;A Not change in Contract Amount to Date: $0.00 31 Adiustod Contract amount $121,080.00 ITEM No. SCHEDULE OF VALUES1AMOUNT DETAIL VALUE EARNED % PREVIOUSLY CLAIMED THIS INVOICE 1 General Conditions $16,756.00 59.550.92 57% $3.351.20 $6,199.72 2 Payment & Performance Bond $5,300.00 55,300.00 100% $1.060.00 $4,240.00 3 Insurance / B&O Taxes / Fee $2,054.00 52,054,00 f00% $410.80 $1,643.20 4 Builders Risk Insurance $436.00 $261.60 so% S87.20 $174.40 s Demolition and Site Prep $9,983.00 $5.977.80 eos< S4,981.50 $996.30 7 Concrete Patching $512.00 $0.00 0% $0.00 $0.00 e Rough and Finish Carpentry $6,982.00 54,189.20 66% $3,491.00 $698.20 e Building Insulation $2,076.00 51,245.60 so% $1.038.00 $207.60 12 Doors/Frames and Hardware $20,812.00 $10.406.00 50% $0.00 $10,406.00 13 Glazing $3,398.00 S2,038.80 6ora $0.00 $2,038.80 14 Gypsum Wallboard $14,028.00 58.416.80 6o% $3,507.00 $4,909.80 16 Acoustical Ceiling Tile $6,509.00 $3,254.50 5o% $3,254.50 $0.00 16 Resilient Flooring and Base $963.00 SO.00 0% $0.00 $0.00 17 Painting $8,925.00 $5,355.00 soei SO.00 $5,355.00 to Whitaboard&Tackboards $1,824.00 $1,094.40 60% SO.00 $1,094.40 1e Projection Screens $1 B2.00 $0.00 0% $0.00 $0.00 21 Window Coverings $1,240.00 50.00 0% SO.00 $0.00 22 Mechanical HVAC $900.00 5225.00 25% $225.00 $0.00 23 Fire Sprinklers $6,930.00 S3.455.00 5o% $1,732.50 $1,732.50 24 Plumbing $600.00 $600.00 t00% $0.00 $600.00 25 Electrical $10,650.00 $5,325.00 sox $2,662.50 $2,662.50 SUBTOTAL $121,040.00 $68,759.62 $25,801.20 $42,958.42 a7% TAX 9.50% SALES TAX $11,498.80 $6.532.16 $2,451.11 $4,081.05 $132,538.80 $75,291.78 $28,252.31 $47,039.47 TOTAL Less Retainage.. 5% ......................... $3,437.98 $1,290.06 $2,147.92 NET $71, .962,251 $44,891.55 Less Previous Payments.... $26,962.25'.3' Additional Tax 0.00°ro AMOUNT DUE THIS ESTIMATE gee $44,891.55 $44,891.55 This is to wtily that the eonlmdor. having w"led vAM M le/me and aond:ioac of tae 41W" mtMimcel eaabod. k duo and PmrWe Imtn the O -til, the wrcum fat aver 'AMOUNT DUE THIS ESTIMATE' Landon Construction Group, LLC omtadng ) Bim" u 0o cn cn I r-NWAOt p r n m n C7 `G �_ _C) C� < cr p �D n 0 y z C 90 CD CD y 0 0 m 0 O C CD m m0 Q. 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TOTAL CONTRACT AMOUNT THIS ESTIMATE $28,252.,32' 4. EARNINGS PREVIOUSLY PAID CONTRACTOR 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE 6. SUBTOTAL - CONTRACTOR PAYMENT 7. RETAINAGE ON PREVIOUS EARNINGS 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL * (95% x Line 1) ** (RETAINAGE @ 5%) GRAND TOTAL $0.00 $24,511.14 $0.00 $1,290.06 $0.00 $2,451.11 $24,511.14 $1,290.06 $2,451.11 $28,252.31 FINANCE DEPARTMENT ACTION 1 �Q PAYMENT TO CONTRACTOR (LINES 5 AND 11) No. 1 $26,962.2 Account 316:GG9066.020.5940 00000 Project Code: Annexation - D RETAINED AMOUNT (LINE 8) No. 1 $1,290.06 Account 316.000000.020.5940.0076.63.000000 Project Code: Annexation - TOTAL THIS ESTIMATE: $28,252• CHARTER 116, LAWS OF 1965 I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORI D T AU RATE AND CERTIFY TO SAID CLAIM. SIGNED: �� J /;") A R Z A oz J_ cm cm O _ /O V Pk C o 3 w G ' w � a ." x QLLi c o V O LO c!)/ 3 z ^ rn Q w l E - oho z c O v UlONu 0 N 'V• M, C>aICom. 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V 0 LZI A O Z O C aj m F y 0 v N t tol g = V o � � � � V L � i O s Cd a. U o o N y r F O O v W NUuua 0 U 'O °ya oNi y `o m N'- tE Off. O :.O U G C U g.: N .2 .�U X38 w ,- r � Si � aY 0 to U �is2= 3 wct c .0 UVii N � c¢oaw U V gto _ In CM APPLICATION AND CERTIFICATE FOR PAYMENT ON CONTRACT CERTIFICATE FOR PAYMENT. For period from: 1 2/1 5120 09 to 12/31/2009 contract for. Renton City Hail 5th and 6th Location: 1055 South Grady Way, Renton, WA 98057 Contractor: Landon Construction Group, LLC Date: 12/23/2009 Certificate No.: .1 # 01 Project No.: 09-1042 Original Contract Amount $121,040.00 Net change in Contract Amount to Date: $0.00 Adjusted Contract amount $121,040.00 •fro, .: ...: , .. :�.:.. P>2?All.- :...�..:... > ... :VALtJQ ...: _ :E4RNEJ�.:.:. ': t� MlMSq:.•.: hV •:: .. af�uOfr;E •. 1 General Conditions $16,756.00 $3,351.20 2o% $3,351.20 2 Payment & Performance Bond $5,300.00 $1,060.00 20% $0.00 $1,060.00 3 Insurance / B&O Taxes / Fee $2,054.00 $410.80 20% $0.00 $410,80 4 Builders Risk Insurance $436.00 $87.20 20% $0.00 $87.20 s Demolition and Site Prep $9,963.00 $4,981.50 5o% $0.00 $4,981.50 7 Concrete Patching $512.00 $0.00 0% $0.00 $0.00 s Rough and Finish Carpentry $6,982.00 $3,491.00 so% $0.00 $3,491.00 9 Building Insulation $2,076.00 $1.038.00 5o% $0.00 $1,038.00 12 Doors/Frames and Hardware $20,812.00 $0.00 0% $0.00 $0.00 13 Glazing $3,398.00 $0.00 0% $0.00 $0.00 14 Gypsum Wallboard $14.028.00 $3.507.00 25% $0.00 $3,507.00 1s Acoustical Ceiling Tile $6,509.00 $3,254.50 so% $0.00 $3,254.50 1s Resilient Flooring and Base $963.00 $0.00 0% $0.00 $0.00 17 Painting $8,925.00 $0.00 0% $0.00 $0.00 is Whiteboard&Tackboards $1,824.00 S0.00 0% $0.00 $0.00 19 Projection Screens $182.00 $0.00 0% $0.00 $0.00 21 Window Coverings $1,240.00 $0.00 0% $0.00 $0.00 22 Mechanical HVAC $900.00 $225.00 25% $0,00 $225.00 23 Fire Sprinklers $6,930.00 $1,732.50 25a(o $0.00 $1,732.50 24 Plumbing $600.00 $0.00 ai° $0.00 $0.00 25 Electrical $10,650.00 $2,662.50 2s°/a $0.00 $2,662.50 SUBTOTAL $121,038.00 $25,801.2021°/. $0.00 $25,801.20 TAX 9.50% SALES TAX "311.498.61 $2,451.11 $000 $2,451.11 $132,536.61 $28,252.31 $0.00 $28,252.31 TOTAL Less Retainage.. 6% ............ $1,290.06 $0.00 $1.290.06 NET $26,962.25 $0.00 $26,962.25 Less Previous Payments..... $0.00 Additional Tax 0.00% $0.00 $0.00 AMOUNT DUE THIS ESTIMATE $26,962.25 $28,962.25 Thls #$ to cerhfy that the contractor, having compliel Voth the terms and crmderons of 1M above menbdmd contraU, is d•.re and payable from the O-. er, the amowt act atler "AMOUNT DUE THIS ESTIMATc' Landon Construction Group, LLC (Coraroctrmo F.rm) (Archviect oc Engmaer) BY By Statement of Intent to Pay Prevailing Wages r Im Statement of Intent to Pay Prevailing Wage Page 1 of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504-4540 (360) 902-5335 Received: Intent Id: Status: 12/24/2009 270732 Approved on 01/06/2010 Company Information: License History Industrial Insurance Premium Status COMPANY NORTHWEST FIRE SYSTEMS LLC NORTHFS928CR 602 799 167 874,868-01 3315 S. 116TH STREET ,SUITE 11 TUKWILA, WA 98168 (206) 772-7502 Payment Type: Electronic Company Signature: Electronic Public Agency: Agency Contact Name: Agency Contact Phone: County: City. Job Site Address/Directions: Project Name: Contract Number. Bid Due Date: Award Date: Expected Job Start Date: Prime Contractor., Does Your Company Intend To Hire Subcontractors To Perform All Work? Does Your Company Intend To Hire Any Subcontractors? Apprentices? $ Amount of your contract (including sales tax): Number of Owners/Operators Performing Work on the Project that Own 30% or More of the Company. Will your company have employees PROJECT RENTON, CITY OF 1055 S GRADY WAY RENTON, WA 98055 Michael Nolan (425) 430-6608 KING Multiple Counties? No Renton 1055 Grady Way -Renton, WA 98055 Renton City Hall 5th and 6th floor remodel 09-1042 11/10/2009 11/24/2009 12/21/2009 LANDON CONSTRUCTION GROUP LLC LANDOCG934P4 (206) 764-7000 M No No $6,865.00 Time and Materials No N Yes https://fortress.wa.gov/lni/pwiapub/IntentPrint.asp?ID=270732 11/8/2010 Statement of Intent to Pay Prevailing Wages IM perform work on this project? Does this project utilize American Recovery and Reinvestment Act (ARRA) funds? No More specifically, does this project utilize any weatherization or energy efficiency upgrade funds (ARRA or otherwise)? No Filed by. Toni Prom EMPLOYEES' WAGES Journey Level Trades/Occupations Page 2 of 2 County Trade Occupation Wage I Fringe 1# Workers KING SPRINKLER FITTERS (FIRE PROTECTION) JOURNEY LEVEL $44.19 $19.05 1 https:Hfortress.wa.gov/lni/pwiapub/IntentPrint.asp?ID=270732 11/8/2010 Statement of Intent to Pay Prevailing Wages I o ;' ., pi I Received: 06/08/2010 Company Information: License History Industrial Insurance Premium Status Check Number. Company Signature: Public Agency: Agency Contact Name: Agency Contact Phone: County: City. Job Site Address/Directions: Project Name: Contract Number. Bid Due Date: Award Date: Expected Job Start Date: Prime Contractor.- Does ontractor. I� Intent Id: 295156 Does Your Company Intend To Hire Subcontractors To Perform All Work? Does Your Company Intend To Hire Any Subcontractors? Apprentices? $ Amount of your contract (including sales tax): Number of Owners/Operators Performing Work on the Project that Own 30% or More of the Company. Will your company have employees perform work on this project? Does this project utilize American Statement of Intent to Pay Prevailing Wage COMPANY BLUE SKY INTGRTD TCHNLGS INC BLUESSI932LM 602 289 800 051,620-00 3315 S 116TH ST STE 121 SEATTLE, WA 98168 (206) 957-5100 102789099 Yes PROJECT RENTON, CITY OF MICHAEL NOLAN (425) 430-6608 KING Multiple Counties? No RENTON RENTON CITY HALL 5 & 6 09-1042 11/24/2009 02/01/2010 05/01/2010 LANDON CONSTRUCTION GROUP LLC LANDOCG934P4 (206) 764-7000 No Yes $11,115.00 Time and Materials No L Yes cm Page 1 of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504-4540 (360) 902-5335 Status: Approved on 08/16/2010 https:Hfor-tress.wa.gov/lni/pwiapub/IntentPn'nt.asp?ID=295156 11/8/2010 Statement of Intent to Pay Prevailing Wages .r* Recovery and Reinvestment Act (ARRA) funds? No More specifically, does this project utilize any weatherization or energy efficiency upgrade funds (ARRA or otherwise) ? No Filed by. EMPLOYEES' WA GES Journey Level Trades/Occupations Page 2 of 2 County Trade Occupation Wage Fringe # Workers KING Electronic Technicians ELECTRONIC TECHNICIANS $30.24 $3.67 1 JOURNEY LEVEL https:Hfortress.wa.gov/lni/pwiapub/IntentPrint.asp?ID=295156 11/8/2010 Statement of Intent to Pay Prevailing Wages Received: Intent Id: 02/18/2010 277523 Company Information: License History Industrial Insurance Premium Status Statement of Intent to Pay Prevailing Wage COMPANY URBAN ELECTRIC URBANE" 948BL 602 548 602 133,713-00 6402 S. 144th St. Suite #3 TUKWILA, WA 98168 (206) 774-9768 Payment Type: Electronic Company Signature: Electronic Public Agency: Agency Contact Name: Agency Contact Phone: County. City. Job Site Address/Directions: Project Name: Contract Number. Bid Due Date: Award Date: Expected Job Start Date: Prime Contractor. Does Your Company Intend To Hire Subcontractors To Perform All Work? Does Your Company Intend To Hire Any Subcontractors? Apprentices? $ Amount of your contract (including sales tax): Number of Owners/Operators Performing Work on the Project that Own 30% or More of the Company. Will your company have employees PROJECT RENTON, CITY OF 1055 S GRADY WAY RENTON, WA 98055 Michael Nolan (425) 432-6608 KING Multiple Counties? No Renton 1055 SW Grady Way Renton, WA 98057 City Hall 5th & 6th Floor Renovation CAG -09-204 11/01/2009 11/12/2009 12/15/2009 LANDON CONSTRUCTION GROUP LLC LANDOCG934P4 (206) 764-7000 No No No $10,648.00 Time and Materials No U Yes fu Page I of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504-4540 (360) 902-5335 Status: Approved on 02/23/2010 https://fortress.wa.gov/lni/pwiapub/IntentPn'nt.asp?ID=277523 11/8/2010 Statement of Intent to Pay Prevailing Wages Page 2 of 2 f r tow *490 perform work on this project? Does this project utilize American Recovery and Reinvestment Act (ARRA) funds? No More specifically, does this project utilize any weatherization or energy efficiency upgrade funds (ARRA or , otherwise)? No Filed by. Roxanne Hatfield EMPLOYEES' WAGES Journey Level Trades/Occupations County Trade Occupation Wage I Fringe J# Workers KING JELECTRICIANS - INSIDE JOURNEY LEVEL $40.811 $17.471 2 https://fortress.wa.gov/lni/pwiapub/IntentPrint.asp?ID=277523 11/8/2010 of Intent to Pay Prevailing Wages Received: 01/19/2010 Intent Id. 273287 . Company Information: License History Industrial Insurance Premium Status cm Statement of Intent to Pay Prevailing Wage COMPANY LANDON CONSTRUCTION GROUP LLC LAN DOCG934P4 602 745 990 144,165-00 PO BOX 81205 SEATTLE, WA 98108 (206) 764-7000 Payment Type: Electronic Company Signature: Electronic Public Agency: Agency Contact Name: Agency Contact Phone: County: City: Job Site Address/Directions: Project Name: Contract Number. Bid Due Date: Award Date: Expected Job Start Date: Prime Contractor.- Does ontractor. Does Your Company Intend To Hire Subcontractors To Perform All Work? Does Your Company Intend To Hire Any Subcontractors? Apprentices? $ Amount of your contract (including sales tax): Number of Owners/Operators Performing Work on the Project that Own 30% or More of the Company. Will your company have employees PROJECT RENTON, CITY OF 1055 S GRADY WAY RENTON, WA 98055 MICHAEL NOLAN (425) 432-6608 KING Multiple Counties? No RENTON 1055 SW GRADY WAY-RENTON, WA 98057 CITY HALL 5TH & 6TH FLOOR RENOVATION CAG -09-204 11/01/2009 11/12/2009 12/15/2009 LANDON CONSTRUCTION GROUP LLC LAN DOCG934P4 (206) 764-7000 No Yes Yes $132,537.00 Time and Materials No 0 Yes Page I of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504-4540 (360) 902-5335 Status: Approved on 01/21/2010 https://fortress.wa.gov/lni/pwiapub/IntentPrint.asp?ID=273287 11/8/2010 of Intent to Pay Prevailing Wages Page 2 of 2 '► pet. irm work on this project? Does this project utilize American Recovery and Reinvestment Act (ARRA) funds? No More specifically, does this project utilize any weatherization or energy efficiency upgrade funds (ARRA or otherwise)? No Filed by. Michele Ableman EMPL O YEES' WA GES Journey Level Trades/Occupations County Trade I Occupation I Wage I Fringe 1# Workers KING ICARPENTERS ICARPENTER 1 $35.391 $13.411 3 https://fortress.wa.gov/lni/pwiapub/IntentPrint.asp?ID=273287 11/8/2010 Statement of Intent to Pay Prevailing Wages . f Received. 03/25/2010 Intent Id: 282321 Company Information: License History Industrial Insurance Premium Status Statement of Intent to Pay Prevailing Wage COMPANY T BAR CONSTRUCTION INC TBARCI*062B4 601 517 747 864,214-00 2939 4TH AVE S #104 SEATTLE, WA 98134 (206) 682-1186 Payment Type: Electronic Company Signature: Electronic Public Agency: Agency Contact Name: Agency Contact Phone: County. City: Job Site Address/Directions Project Name: Contract Number. Bid Due Date: Award Date: Expected Job Start Date: Prime Contractor. Does Your Company Intend To Hire Subcontractors To Perform All Work? Does Your Company Intend To Hire Any Subcontractors? Apprentices? $ Amount of your contract (including sales tax): Number of Owners/Operators Performing Work on the Project that Own 30% or More of the Company. Will your company have employees PROJECT RENTON, CITY OF 1055 S GRADY WAY RENTON, WA 98055 Michael Nolan (425) 432-6608 KING Multiple Counties? No Renton 1055 SW Grady Way -Renton, WA 98057 City Hall 5th & 6th FI Renovation CAG -09-204 11/01/2009 11/12/2009 12/15/2009 LANDON CONSTRUCTION GROUP LLC LAN DOCG934P4 (206) 764-7000 W No Yes $6,115.00 Time and Materials No 1 Yes Page 1 of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504-4540 (360) 902-5335 Status: Approved on 03/29/2010 https:Hfortress.wa.gov/lnl/pwiapub/IntentPn*nt.asp?ID=282321 11/8/2010 Statement of Intent to Pay Prevailing Wages r *4w perform work on this project? Does this project utilize American Recovery and Reinvestment Act (ARRA) funds? No More specifically, does this project utilize any weatherization or energy efficiency upgrade funds (ARRA or otherwise)? No Filed by. Meri E. Person EMPLOYEES' WAGES Journey Level Trades/Occupations iM Page County I Trade I Occupation I Wage I Fringe Imorkers KING ICARPENTERS JACOUSTICAL WORKER 1 $35.661 $13.081 3 https://fortress.wa.gov/lni/pwiapub/IntentPrint.asp?ID=282321 11/8/2010 Statement of Intent to Pay Prevailing Wages Page 1 of 2 r.r Prevailing Wage Section Department of Labor & Statement of Intent to Pay Industries Prevailing Wage PO Box 44540 d Olympia, WA 98504-4540 (360) 902-5335 Received: Intent Id: Status: 12/24/2009 270732 Approved on 01/06/2010 County: COMPANY Company NORTHWEST FIRE SYSTEMS LLC Information: NORTHFS928CR Contract Number., 602 799 167 License History 874,868-01 Award Date: 3315 S. 116TH STREET ,SUITE 11 Industrial Insurance TUKWILA, WA 98168 Premium Status (206) 772-7502 Payment Type: Electronic Company Signature: Electronic PROJECT Public Agency: RENTON, CITY OF https://fortress.wa.gov/lni/pwiapub/IntentPrint.asp?ID=270732 1/8/2010 1055 S GRADY WAY RENTON, WA 98055 County: KING Multiple Counties? No City: Renton Project Name: Renton City Hall 5th and 6th floor remodel Contract Number., 09-1042 Bid Due Date: 11/10/2009 Award Date: 11/24/2009 Prime Contractor: LANDON CONSTRUCTION GROUP LLC LANDOCG934P4 (206) 764-7000 Does Your Company Intend To Hire Subcontractors To Perform All Work? No Does Your Company Intend To Hire Any Subcontractors? No Apprentices? No $ Amount: $6,865.00 Time and Materials No Number of Owners 0 Will your company have employees Yes perform work on this project? Does this project utilize American Recovery and Reinvestment Act (ARRA) funds? No More specifically, does this project utilize any weatherization or energy efficiency upgrade funds https://fortress.wa.gov/lni/pwiapub/IntentPrint.asp?ID=270732 1/8/2010 Statement of Intent to Pay Prevailing Wages on (ARRA or otherwise)? No Filed by: Toni Prom EMPLOYEES' WAGES Journey Level Trades/Occupations Page 2 of 2 County Trade Occupation Wage I Fringe 1# Workers KING SPRINKLER FITTERS (FIRE PROTECTION) JOURNEY LEVEL $44.19 $19.05 1 https://fortress.wa.gov/lni/pwiapub/IntentPrint.asp?ID=270732 1/8/2010 Statement of Intent to Pay Prevailing Wages Statement of Intent to Pay Prevailing Wage am Received: 01/19/2010 Company Information: License History Industrial Insurance Premium Status Payment Type: Company Signature: Public Agency: Agency Contact Name: Agency Contact Phone: County: City: Job Site Address/Directions Project Name: Contract Number: Bid Due Date: Award Date: Expected Job Start Date: Prime Contractor., Intent Id: 273287 Does Your Company Intend To Hire Subcontractors To Perform All Work? Does Your Company Intend To Hire Any Subcontractors? Apprentices? $ Amount: Number of Owners/Operators Performing Work on the Project that Own 30% or More of the Company. Will your company have employees perform work on this project? COMPANY LANDON CONSTRUCTION GROUP LLC LAN DOCG934P4 602 745 990 144,165-00 PO BOX 81205 SEATTLE, WA 98108 (206) 764-7000 Electronic Electronic PROJECT RENTON, CITY OF 1055 S GRADY WAY RENTON, WA 98055 lM MICHAEL NOLAN (425) 432-6608 KING Multiple Counties? No RENTON 1055 SW GRADY WAY-RENTON, WA 98057 CITY HALL 5TH & 6TH FLOOR RENOVATION CAG -09-204 11/01/2009 11/12/2009 12/15/2009 LANDON CONSTRUCTION GROUP LLC LAN DOCG934P4 (206) 764-7000 No Yes Yes $132,537.00 Time and Materials No N Yes Page I of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504-4540 (360) 902-5335 Status: Approved on 01/21/2010 https://fortress.wa.gov/lni/pwiapub/IntentPrint.asp?ID=273287 1/25/2010 Statement of Intent to Pay Prevailing Wages Does this project utilize American Recovery and Reinvestment Act (ARRA) funds? No More specifically, does this project utilize any weatherization or energy efficiency upgrade funds (ARRA or otherwise)? No Filed by: Michele Ableman EMPLOYEES' WAGES Journey Level Trades/Occupations Page 2 of 2 County I Trade I Occupation I Wage I Fringe J#Workers KING ICARPENTERS ICARPENTER 1 $35.391 $13.411 3 https://fortress.wa.gov/lnl/pwiapub/IntentPrint.asp?ID=273287 1/25/2010 of Washington, Inc. 4419 Merry Ln. W • University Place, WA 98466 • (253) 564-7200 • Fax: (253) 566-7200 NOTICE TO CONTRACTOR BY SUBCONTRACTOR'S MATERIALMAN TO: LANDON CONSTRUCTION GROUP, LLC 5950 6" AVE S. #200 SEATTLE, WA. 98108 AND TO: CITY OF RENTON 1055 S. GRADY WAY RENTON, WA. 98057 YOU ARE HEREBY NOTIFIED that the undersigned has, at the request of URBAN ELECTRIC — 6402 S. 144TH ST #3 — TUKWILA, WA. 98168, commenced to deliver or furnish materials, supplies, and/or equipment, for use in the construction, alteration and/or repair of that certain building or structure known as RENTON CITY HALL — 5TH & 6TH FLR. which is located upon the property described as 1055 S. GRADY WAY — RENTON, WA. You are further notified that you and your bond will be held for payment for such materials, supplies or equipment so furnished. MATERIALS SUPPLIED: ELECTRICAL MATERIALS Dated this 28TH day of JANUARY, 2010 Name of firm: NORTH COAST ELECTRIC CO. 1301 E. 26TH ST TACOMA, WA. 98421 253-284-3737 Awl m rD M rD rD K o m � � La 0 0 00 a' n �aN 00 r0 v1 W n cm in WASHINGTON - NOTICE TO OWNER RCW 60.04.031 THIS IS NOT A LIEN Notice # 9,061-6112 CITY OF r2ENTON RLC6\1UID IMPORTANT: READ ALL PAGES OF THIS NOTICE CAREFULLY CITY CLERKS OFFIC6, PROTECT YOURSELF FROM PAYING TWICE [Owner/ Reputed Owner OR Public Agency * * CERTIFIED MAIL CITY OF RENTON 1055 S GRADY WAY RENTON, WA 98058 Original Contractor (or Reputed Contractor) WA-LANDOCG934P4 LANDON CONSTRUCTION GROUP LLC PO BOX 81205 SEATTLE WA 98108 Tel: 206-764-7000 Fax: 206.764.7005 License # / Class: WA-LANDOCG934P4 Construction Lender or BondingCompany CLAIMANT REQUESTS THAT ALL PARTIES PROVIDE IT WITH LENDER OR BOND INFORMATION Person or Entity Claimant has Contracted With S-0007849 LANDON CONSTRUCTION GROUP LLC PO BOX 81205 SEATTLE WA 98108 Tel: 206-764-7000 Fax: 206-764-7005 License # / Class: S-0007849 The undersigned notifies you that he has supplied materials or equipment or performed work or services as follows: Claimant STEELER, INC. 10023 MLK JUNIOR WAY SOUTH SEATTLE WA 98178 Tel: 206-725-2500 Fax: 206-722-4639 Claimant File #: 0007849 #738224 You are hereby notified that Claimant has furnished or will furnish labor, professional services, materials, machinery, fixtures, tools and / or equipment of the following general description: CONSTRUCTION MATERIALS AND SUPPLIES For improvement of property identified as follows and under contract with the Original Contractor or Subcontractor identified herein: RENTON CITY AHLL 1055 S GRADY WAY RENTON, WA And situtated upon that certain lot(s) or parcel(s) of land: KING County, Washington and / or identified by Assessor's Parcel Number 1723059023 An estimate of the total price of the labor, professional .. services, materials, machinery, fixture or tools furnished r� C J C 4 ,// e,(10 or to be furnished is: (2, L $ 3,000.00 1011 C hae % NO �c� 0�4 / THIS IS NOT A LIEN. This notice is sent to you to tell you who is providing professional services, materials, or equipment for the improvement of your property and to advise you of the rights of these NNow pdrsons and your responsibilities. Also take notice that laborers on your project may claim a lien without sending you a notice. OWNER / OCCUPIER OF EXISTING RESIDENTIAL PROPERTY Under Washington law, those who furnish labor, professional services, materials, or equipment for the repair, remodel, or alteration of you owner -occupied principal residence and who are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien. The law limits the amount that a lien claimant can claim against your property. Claims may only be made against that portion of the contract price you have not yet paid to your prime contractor as of the time this notice was given to you or three days after this notice was mailed to you. Review page 2 of this notice for more information and ways to avoid lien claims. COMMERCIAL AND / OR NEW RESIDENTIAL PROPERTY We have or will be providing professional services, materials or equipment for the improvement of your commercial or new residential project. In the event you or your contractor fail to pay us, we may file a lien against your property. A lien may be claimed for all professional services, materials, or equipment furnished after a date that is sixty days before this notice was given to you or mailed to you, unless the improvement to you property is the construction of a new single-family residence, then ten days before this notice was given to you or mailed to you. Date Prepared 06 -Jan -2010 WESTERN STATES LIEN COMPANY Record -No 9061-6112 By: ,Aima, 9. 001� Image File 9061-6112.TIF Authorized Representative and Designated Agent for Claimant On cm IMPORTANT INFORMATION FOR YOUR PROTECTION This notice is sent to inform you that we have or will provide professional services, materials or equipment for the repair, remodel, or alteration of you property. We expect to be paid by the person who ordered our services, but if we are not paid, we have the right to enforce our claim by filing a construction lien against your property. LEARN more about the lien laws and the meaning of this notice by discussing them with our contractor, suppliers, Department of Labor and Industries, the firm sending you this notice, your lender, or your attorney. COMMON METHODS TO AVOID CONSTRUCTION LIENS: There are several methods available to protect your property from construction liens. The following are two of the more commonly used methods. DUAL PAYCHECKS (Joint Checks): When paying your contractor for services or materials, you may make checks payable jointly to the contractor and the firms furnishing you this notice. LIEN RELEASES: You may require your contractor to provide lien releases signed by all the suppliers and subcontractors from whom you have received this notice. If they cannot obtain lien releases because you have not paid them, you may use the dual payee check method to protect yourself. You should take appropriate steps to protect your property from liens. Your prime contractor and your construction lender are required by law to give you written information about lien claims. If you have not received it, ask them for it. cm CORRECTION SHEET M claimant or its agent intends to file a Preliminary Notice of other Notice to Owner as provided by Statute. Such Statutes require that you provide correcting information within ten (10) days of request. For your convenience, such information, when available to us, is supplied to the best of our knowledge. If the information listed below is ncorrect or left blank, please make full and complete corrections in the space provided and return this form back :o us. Thank you for your attention to this Request. Record#: 9061-6112 Claimant: STEELER, INC. - - - OWNER OR REPUTED OWNER --- CITY-- CITY OF RENTON 1055 S GRADY WAY RENTON, WA 98058 - - - ORIGINAL / REPUTED GENERAL CONTRACTOR - LANDON CONSTRUCTION GROUP LLC PO BOX 81205 SEATTLE WA 98108 - - - CONSTRUCTION LENDER / BONDING CO --- NONE-- NONE KNOWN TO CLAIMANT - - - PROJECT INFORMATION --- RENTON -- RENTON CITY AHLL 1055 S GRADY WAY RENTON, WA 1723059023 - - - BONDED PROJECTS --- If-- CORRECTIONS If this is a Bonded (Private or Public Payment Bond) Project, please further provide the following additional information BONDING COMPANY NAME: BONDING COMPANY ADDRESS: BOND NUMBER(S): Fax Completed Form to 623-748-5429 or Mail to: PO Box 1751, Phoenix, AZ 85001-1751 Record #: 9061-6112 a t4t� C; not fn 00 O C.) ro 41 ja )DO V 0 C) rn as co 0 cn * C) CORRESPONDENCE SECTION November 22, 2010 k4w, Renton City Council Minutes Page 388 CAG: 09-204, City Hall 5th & Community Services Department submitted CAG -09-204, City Hall 5th & 6th 6th F or Remodel, Landon Floor Remodel, and requested approval of the project, authorization for final Construction Group pay estimate in the amount of $16,662.77, commencement of a 60 -day lien period, and release of retained amount of $9,762.34 to Landon Construction Group, contractor, if all required releases are obtained. Council concur. CAG: 10-091, Renton Fire Community Services Department submitted CAG -10-091, Renton Fire Station 17 .Station 17 Roof Replacement, Roof Replacement, and requested approval of the project, commencement of a Stanley Roofing Company 60 -day lien period, and release of retained amount of $6,156.77 to Stanley Roofing Company, Inc., contractor, if all required releases are obtained. Council concur. Human Resources: 2011/2012 Human Resources and Risk Management Department recommended approval Healthcare Broker Services, RL of a contract in the amount of $102,000 with R.L. Evans Company for Evans Company 2011/2012 healthcare broker services. Refer to Finance Committee. Human Resources: 2011 Human Resources and Risk Management Department recommended approval Claims Processing, Healthcare of a contract in the amount of $342,704 with Healthcare Management Management Administrators Administrators (HMA) for 2011 medical, dental, and prescription claims processing. Refer to Finance Committee. Police: Valley Special Weapons Police Department recommended approval of an interlocal agreement and Tactics Team, Various regarding the Valley Special Weapons and Tactics Team (VSWAT). Council Agencies concur. (Seepage 390 for resolution.) Police: Regulating Transit Police Department recommended adoption of an ordinance regulating conduct Center Conduct at the Transit Center, 219 Burnett Ave. S. Refer to Public Safety Committee. Airport: Maintenance Transportation Systems Division recommended acceptance of grant funds in Dredging & Shoreline the amount of $320,475 from the Washington State Salmon Recovery Funding Mitigation, SRFB Grant Board (SRFB) for the Maintenance Dredging and Shoreline Mitigation project at the Airport. City's match: $56,600 (paid for by King Conservation District WRIA grant). Council concur. Airport: Maintenance Transportation Systems Division recommended acceptance of grant funds in Dredging & Shoreline the amount of $65,274 from the King Conservation District WRIA Grant to cover Mitigation, King Conservation the cost of matching funds required for the Maintenance Dredging and District WRIA Grant Shoreline Mitigation project at the Airport. Council concur. MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Council President Pro -tem Briere presented a Committee of the Whole report Committee of the Whole recommending concurrence in the Administration's recommendation to adopt CED: State Legislative Agenda the 2011 State Legislative Agenda and Statement of Policy Positions as & Statement of Policy presented. Topics highlighted in the Agenda include transportation solutions, Positions fiscal stability, flood control and the Green River levee system, economic development/infrastructure funding, and strengthening the aerospace industry. The Committee further authorizes the Administration to work with State agencies and the Legislature to advance this Agenda. MOVED BY BRIERE, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. 9 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Final Pay Application City Hall 5th & 6th Floor Remodel CAG -09-204 Meeting: Regular Council - 22 Nov 2010 Exhibits: Submitting Data: Dept/Div/Board: Final Pay Application (No. 5) Community Services Payment to Contractor (COR Finance Dept. form) Notice of Completion of Public Works Contract (DOR) Staff Contact: Notice of Completion of Public Works Contract Michael Nolan (L&I) Recommended Action: Council concur. Fiscal Impact: Expenditure Required: $ $16,662.77 Transfer Amendment: $ NA Amount Budgeted: $ $1,500,000.00 Revenue Generated: $ NA Total Project Budget: $ $213,795.17 City Share Total Project: $ NA SUMMARY OF ACTION: The Community Services Department submits CAG -09-204, City Hall 5th & 6th Floor Remodel, for final pay estimate and release of retainage. The project started on 12/15/09 and was completed on 8/26/10. The contractor, Landon Construction Group, fulfilled the terms of their contract by remodeling the 5th & 6th floor in city hall to add conference rooms, offices, and security walls and doors to accommodate additional work stations necessitated by the Benson Hill annexation. STAFF RECOMMENDATION: Approveof the project, authorization for final pay estimate in the amount of $16,662.77, commencement of the 60 -day lien period, and release of the retained amount of $9,762.34 to Landon Construction Group, contractor, once all required releases are obtained. O _0N. W sz�z AID 0 n 10 C7 N Np rLU z 0 �•. U — =t Ir. Imo. .-� r r- Ir — 94, b �� • ISO A • - to A rt nt o aQ �i rt � `•nc n n rte. A LL :J V} ••-A i/3 lr to �t W f- • Y W s >- Q z ci'c o o Q w 0 cc W 0 o j ix <- 4Q Q q X CS ti= (n "e cn a Q W Q v? W U cc u - O^ ui V =l z :7 Q R C3 e7i ONO vj }- .� cn ¢ U W L r n O 0' !i V °'� qty .%)•-Z 30 U jJ Fvp cam•° a aZ:io Q �_ a�o:i Q_ U N v� n 0 W> ato n. N h n r Q G Q+ U ¢ 0 ' CC J I. - c• /y� I.Y Z Lu d .O0 .pC U` U z 0 Z n F.. w } �0. is O uj 0� L. a W U) W EE a 10 C7 N Np rLU 7 �•. U — =t Ir. Imo. .-� r r- Ir — 94, b �� • ISO 5 F.. w } �0. is O uj 0� L. a W U) W EE a t^1 C7 N -t 11 r! rLU 7 �•. U — =t Ir. Imo. .-� r r- Ir — � • aQ LL :J to �t W f- • Y W s >- Q z ci'c o o Q w 0 cc W 0 o j ix <- 4Q Q q X ti= (n "e cn a Q W Q v? W U cc u - t2 0 y •C ui V =l z C u k- 3 R C3 e7i ONO vj }- .� cn ¢ U m p. m j O O 0' .l V °'� qty .%)•-Z 30 U jJ Fvp cam•° a aZ:io Q �_ a�o:i Q_ U N v� n 0 W> ato n. N h n r Q G Q+ U ¢ 0 ' CC a, a I. - c• /y� I.Y Z Lu d .O0 .pC U W 00 Z C, t A — 0 ti I to •^ .o t v to C N ty cc o Q CC L' c d z ..� Er J?� 3} V n C C) ° ^ U ri— F.. w } �0. is O uj 0� L. a W U) W EE a %W'' City of Renton Finance Department ` PAYMENT TO CONTRACTOR DATE: November 8, 2010 TO: Tracy Schuld, Finance Department . FROM: Michael Nolan, Community Services Dept CONTRACTOR: Landon Construction Group, LLC PROJECT NAME: City Hall 5th & 6th Floor Remodel CONTRACT NO.: CAG -09-204 ESTIMATE NO. 5 1. CONTRACTOR EARNINGS THIS ESTIMATE $15,945.24 2. SALES TAX @ 9.5% $1,514.80 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $171460.04 4. EARNINGS PREVIOUSLY PAID CONTRACTOR 5. *EARNINGS DUE CONTRACTOR THIS ESTIMATE 6. SUBTOTAL - CONTRACTOR PAYMENT 7. RETAINAGE ON PREVIOUS EARNINGS 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL * (95% x Line 1) ** (RETAINAGE @ 5%) GRAND TOTAL FINANCE DEPARTMENT ACTION $170,336.42 $15,147.97 $8,965.08 $797.26 $17,033.64 $1,514.80 $185,484.39 $9,762.34 $18,548.44 $213,795.17 PAYMENT TO CONTRACTOR (LINES 5 AND 11) No. 5 $16,662.77 Account 316.000000.020.5940.0076.63.000000 Project Code: Annexation= Z0001.0000.0000.0098 RETAINED AMOUNT (LINE 8) No. 5 $797.26 Account 316.000000.020.5940.0076.63.000000 Project Code: Annexation= Z0001.0000.0000.0098 TOTAL THIS ESTIMATE: $17,460.03 CHARTER 116, LAWS OF 1965 f, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUENPAlD OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORI D TO THEN iAND CERTIFY T SAID CLAIM. SIGNED: ,t/�`/!� Ism �1rt OA 1, State of Washington Reg.No.: 4 Department of Revenue - = Audit Procedures & Administration Date: PO Box 47474 raw Olympia, Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To 1055 South Grady Way Renton, WA 98055-2132 Date Assigned Notice is hereby given relative to the completion of contract or project described below. Description of Contract City Hall 5th and 6th Floor Remodel Contractor's Name Landon Construction Group Phone No. 206-764-7001 Contractor's Address 13649 NE 126th Place, Suite 201, Kirkland, WA 98034 Date Work Commenced 12/15/09 Date Work Completed 8/26/10 Date Work Accepted 11/22/10 Surety or Bonding Co. International Fidelity Insurance Company Agent's Address PO Box 3018, Bothell, WA 98041 Contract Amount: Additions or Reductions: Sales Tax: Total 121,038.00 $ 74,208.72 $ 18.548.45 213.795.17 �3 Phone No: Amount Disbursed: $ 204,032.83 Amount Retained: $ 9,762.34 Total: $ 213,795.17 (Disbursing Officer) The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until Notice of Completion - DOR, 6th flr.doc a EM cm Department of Labor and Industries R��,t.,t, Request for Contract Release Contract Release o 4 PO Box 44274 Olympia, WA 98504-4272 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Do not pay retained funds until you have Department of Labor and Industries approval Contractor's Tax Registration No. (UBI No.) 602 745 990 Date: 11/8/10 From: Name & Address of Public Agency Department Use Only City of Renton, 1055 South Grady Way, Renton, WA 98057 Assigned To: Date Assigned: Notice is hereby kiven relative to the completion of contract or project described below Project Name/Description of Project: UBI Number: Contract Number: City Hall 5th and 6th Floor Remodel URBAN ELECTRIC CAG -09-204 Contract Amount: 601 517 747 NORTHWEST FIRE SYSTEMS LLC 602 799 167 $204,032.83 Retained Amount: $9,762.34 Contractor's Name: Telephone Number: Landon Construction Group 206-764-7001 Contractor's Address: 13649 NE 126th Place Suite 201, Kirkland, WA 98034 Date Contract Awarded: Date Work Commenced: 112/15/09 Pate Work Completed: Pate Work Accepted: 12/14/09 8/26/10 11/22/10 Surety or Bonding Company: International Fidelity Insurance Company Agent's Address: PO Box 3018, Bothell, WA 98041 Please list Subcontractors below: Continue Subcontractors list on other side. Subcontractor's Name UBI Number: Contact Name: URBAN ELECTRIC 602 548 602 T BAR CONSTRUCTION INC 601 517 747 NORTHWEST FIRE SYSTEMS LLC 602 799 167 Disbursing Officer Comments: Contact Name: Phone Number: Email Address: The Disbursing Officer must complete and submit this notice to the Department of Labor and Industries immediately after acceptance of the work done under this contract. Mail this notice to Department of Labor and Industries, Contract Release, PO Box 44274, Olympia, WA 98504-4274, or fax to (360) 902-6897 or e-mail to ContractReleaseglni.Wa.gov. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of the Department's certificate of release, and then only in accordance with the certificate. For assistance contact Contract Release at (360) 902-5360. Please list Subcontractors below: F215-038-000 Request for Contract Release 09-2009 m M Subcontractor's Name UBI Number: BLUE SKY INTGRTD TCHNLGS INC 602 289 800 F215-038-000 Request for Contract Release 09-2009 CiTY OF RENTON MAR 11 2010 RECEIVED CITY CLERK'S OFFICE r C?C: ZDV( . M, C�Ctf ( [,�v(oot 141 NOTICE TO OWNER. E"ORTAN T: READ BOTH SIDES .OF TM9 NOTICE CAREFIM7LY PROTECT YOURSELF FROMPA NG TWICE j t To:3' •.r' Date: 3- i (des-.. ' tion o grope# *, =t~ eet address, or gen&al Ioc From: , , i GQ "' f J, �S_F . } 1 t=eJe a:k I AT R_ QUET OF: W)I M � _ L.w E t_ (Name of person ordering the professional services, materials, or equipment) O }= L AeUC�;'1,J CC;-,",/ ;,V L) C 'J -i & eJ THIS IS NOT A LIEN: This notice is sent to you to tell you who is providing - professional services, materials, or equipment for the improvement of your property and to advise you of the rights of these persons and your responsibilities. Also take note that laborers on your project may claim -alien without sending you a notice. OWNER/OCCUPIER OF EXISTING RESIDENTIAL PROPER' Under Washington law, those who furnish labor, professional services, materials, or equipment -for the repair, remodel, or alteration of your owner -occupied principal residence and who are not paid, have a right to enforce their claim for payment against your propert-y. This claim is known- as a construction lien. The lam* limits the amount that a lien claimant can claim against your property. Claims may only be made against that portion of the contract price you have not yet paid to your prime contractor as of the time this notice was given to you or three days after this notice was mailed to you. Review the back of this notice for more information and ways to avoid lien claims. COACKERCIAL AIS}/CSR NEW RESEDENTML PROPERTY We have or will be providing professional services, materials, or equipment for the improvement of your commercial or new residential project. In the event you or your contractor .fail to pay us, we may file a lien against your property. A lien may be claimed for aL professional services, materials, or equipment furnished after a elate that is sixty, days before this notice was given to you or mailed to you, unless the improvement to your property is the construction of a new single-family resilience, then ten days before this notice was given to you or mailed to you_ Sender: P�1Y Ll Address: S 4.20k eral UdAll VM Telephone: Brief description of professional services, materials, or equipment provided or to be provided: i�lA r �nl..In:I to 4.1� .,.._.1 _\ ,� .. (IMPORTANT INFORNfATION ON REVERSE SME) STATM- ORY NOTICE OF RIGHT TO CLAIM LIEN - Page I of 2 (1996) LienRite'] CM 4419 Merry Ln. W. • University Place, WA 98466 • (253) 564-7200 • Fax; (253) 566-7200 NOTICE TO CONTRACTOR BY SUBCONTRACTOR'S MATERIALMAN TO: LANDON CONSTRUCTION GROUP, LLC 5950 6" AVE S. #200 SEATTLE, WA. 98108 AND TO: CITY OF RENTON 1055 S. GRADY WAY RENTON, WA. 98057 YOU ARE HEREBY NOTIFIED that the undersigned has, at the request of URBAN ELECTRIC — 6402 S.144 TH ST #3 — TUKWILA, WA. 98168, commenced to deliver or furnish materials, supplies, and/or equipment, for use in the construction, alteration and/or repair of that certain building or structure known as RENTON CITY HALL — 5TH & 6TH FLR. which is located upon the property described as 1055 S. GRADY WAY — RENTON, WA. You are further notified that you and your bond will be held for payment for such materials, supplies or equipment so furnished. MATERIALS SUPPLIED: ELECTRICAL MATERIALS Dated this 28TH day of JANUARY, 2010 Name of firm: NORTH COAST ELECTRIC CO. 1301 E. 26TH ST TACOMA, WA. 98421 rl L�C7 253-284-3737 M cm Notice # 9061-6112 WASHINGTON - NOTICE TO OWNER CITY OF r�EN T ON RCW 60.04.031 THIS IS NOT A LIEN J IN 20111 RFCEWED IMPORTANT: READ ALL PAGES OF THIS NOTICE CAREFULLY-'ITY CLERKS OFFICfE PROTECT YOURSELF FROM PAYING TWICE Owner / Reputed Owner OR Public A enc * * CERTIFIED MAIL CITY OF RENTON 1055 S GRADY WAY RENTON, WA 98058 Original Contractor or Reputed Contractor 'J'JA-LANDOCG934P4 LANDON CONSTRUCTION GROUP LLC PO BOX 81205 SEATTLE WA 98108 Tel: 206-764-7000 Fax: 206.764.7005 License # / Class: WA-LANDOCG934P4 Construction Lender or Bonding Company CLAIMANT REQUESTS THAT ALL PARTIES `fir PROVIDE IT WITH LENDER OR BOND INFORMATION Person or Entitv Claimant has Contracted With S-0007849 LANDON CONSTRUCTION GROUP LLC PO BOX 81205 SEATTLE WA 98108 Tel: 206-7647000 Fax: 206-764-7005 License # / Class: S-0007849 The undersigned notifies you that he has supplied materials or equipment or performed work or services as follows: Claimant STEELER, INC. 10023 MLK JUNIOR WAY SOUTH SEATTLE WA 98178 Tel: 206-725-2500 Fax: 206-722-4639 Claimant File M 0007849 #738224 You are hereby notified that Claimant has furnished or will furnish labor, professional services, materials, machinery, fixtures, tools and / or equipment of the following general description: CONSTRUCTION MATERIALS AND SUPPLIES For improvement of property identified as follows and under contract with the Original Contractor or Subcontractor identified herein: RENTON CITY AHLL 1055 S GRADY WAY RENTON, WA And situtated upon that certain lot(s) or parcel(s) of land: KING County, Washington and / or identified by Assessor's Parcel Number 1723059023 An estimate of the total price of the labor, professional services, materials, machinery, fixture or tools furnished or to be furnished is: G zd �r $ 3,000.00 P14t ' lie / NO IC^"►'f m4THISIS NOT A LIEN. This notice is sent to you to tell you who is providing professional services, materials, or *,,,4uipment for the improvement of your property and to advise you of the rights of these persons and your responsibilities. Also take notice that laborers on your proiect may claim a lien without sending you a notice. OWNER / OCCUPIER OF EXISTING RESIDENTIAL PROPERTY Under Washington law, those who furnish labor, professional services, materials, or equipment for the repair, remodel, or alteration of you owner -occupied principal residence and who are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien. The law limits the amount that a lien claimant can claim against your property. Claims may only be made against that portion of the contract price you have not yet paid to your prime contractor as of the time this notice was given to you or three days after this notice was mailed to you. Review page 2 of this notice for more information and ways to avoid lien claims. COMMERCIAL AND / OR NEW RESIDENTIAL PROPERTY We have or will be providing professional services, materials or equipment for the improvement of your commercial or new residential project. In the event you or your contractor fail to pay us, we may file a lien against your property. A lien may be claimed for all professional services, materials, or equipment furnished after a date that is sixty days before this notice was given to you or mailed to you, unless the improvement to you property is the construction of a new single-family residence, then ten days before this notice was given to you or mailed to you. Date Prepared 06 -Jan -2010 WESTERN STATES LIEN COMPANY Record -No 9061-6112 Image File 9061-6112.TIF Authorized Representative and Designated Agent for Claimant ro IM IMPORTANT INFORMATION FOR YOUR PROTECTION **0"' This notice is sent to inform you that we have or will provide professional services, materials or equipment for the repair, remodel, or alteration of you property. We expect to be paid by the person who ordered our services, but if we are not paid, we have the right to enforce our claim by filing a construction lien against your property. LEARN more about the lien laws and the meaning of this notice by discussing them with our contractor, suppliers, Department of Labor and Industries, the firm sending you this notice, your lender, or your attorney. COMMON METHODS TO AVOID CONSTRUCTION LIENS: There are several methods available to protect your property from construction liens. The following are two of the more commonly used methods. DUAL PAYCHECKS (Joint Checks): When paying your contractor for services or materials, you may make checks payable jointly to the contractor and the firms furnishing you this notice. LIEN RELEASES: You may require your contractor to provide lien releases signed by all the suppliers and subcontractors from whom you have received this notice. If they cannot obtain lien releases because you have not paid them, you may use the dual payee check iethod to protect yourself. `err You should take appropriate steps to protect your property from liens. Your prime contractor and your construction lender are required by law to give you written information about lien claims. If you have not received it, ask them for it. cm f CORRECTION SHEET ;laimant or its agent intends to file a Preliminary Notice of other Notice to Owner as provided by Statute. Such itatutes require that you provide correcting information within ten (10) days of request. For your convenience, ;uch information, when available to us, is supplied to the best of our knowledge. If the information listed below is ncorrect or left blank, please make full and complete corrections in the space provided and return this form back o us Thank you for your attention to this Request. Record #: 9061-6112 - - - OWNER OR REPUTED OWNER - - - CITY OF RENTON 1055 S GRADY WAY RENTON, WA 98058 Claimant: STEELER, INC. - - - ORIGINAL / REPUTED GENERAL CONTRACTOR - LANDON CONSTRUCTION GROUP LLC PO BOX 81205 SEATTLE WA 98108 - - - CONSTRUCTION LENDER / BONDING CO --- NONE -- NONE KNOWN TO CLAIMANT - - - PROJECT INFORMATION --- RENTON -- RENTON CITY ANLL 1055 S GRADY WAY RENTON, WA 1723059023 - - - BONDED PROJECTS - - - CORRECTIONS If this is a Bonded (Private or Public Payment Bond) Project, please further provide the following additional information BONDING COMPANY NAME: BONDING COMPANY ADDRESS: BOND NUMBER(S): Fax Completed Form to 623-748-5429 or Mail to: PO Box 1751, Phoenix, AZ 85001-1751 Record #: 9061-6112 tisY O� � F3 4NTo� Checklist Select One: X Contract ❑ Permit F—] Lease Staff Name: Michael Nolan Extension: Department/Division: Community Services/Facilities Addendum Number: to City Clerk Number: Contract Class: ❑ Receivable ❑X Payable [] Grant Contractor Name: Landon Construction Group, LLC City Clerk Number Number ❑ Agreement Contract Type (assigned by City Clerk) 6608 EDEN Approval Queue: (if applicable). Misc. (no $) Expiration Date 1 DEC i s 2nna Short Description: City Hall Fifth and 6th Floor Remodelcf ry R CEIIF:RcEDccFCE Full or Additional Description: Remodel of 5th and 6th floor to accommodate security lobbies and additional work stations. Legal Review (attach memorandum from City Attorney) Risk Management review for insurance (attach memorandum from Risk Management) insurance certificate and/or policy (attach original) ❑X Response to legal or Risk Management concerns (explain, in writing, how concerns have been met) r(p Co TILE K.NS ❑X Performance bond and verification memo from staff (for Public Works contracts only) ❑X Federal excluded parties list verification (Website: www.epls.gov; attach printout of search results) City business license number: 030243 Check EDEN or ask Finance Department. ❑X Accounts payable W-9 vendor form (obtain if not already on file with Finance Dept.) Submitted contracts are signed by contractor: ❑X Yes ❑ No If not, provide explanation below. Fiscal Impact: ❑X Expenditure or ❑ Revenue Amount Budgeted: Amount: $-'t3Z, 5 3 7 (line item; see below*): $ 1,500,000.00 Prior Council approval via agenda bill process required if: (see policies 250-02 and 800-12) ❑ Contract or addendum is $20,000 or over (non -Public Works) or $30,000 or over (Public Works). * Contract expenditure amount exceeds budgeted amount; fund transfer needed. Addendum is for the second and additional time extensions. D Interlocal Agreement (most Interlocal Agreements require Resolutions) Date of Council Approval: Resolution Number: Contractor determined via: ❑X Phone Bid/Written Quote ❑ CFB Ad (if applicable) (if applicable) ❑ Consultant Roster RFP/SOQ Ad ❑ Application F� Sole Source (ey words for City Clerk's electronic card file: ;ity Hall, Fifth and Sixth Floor Remodel, Benson Hill Annexation Print Form i Revised 07/23/2008 *WW of EXECUTIVE DEPARTMENT Q M E M O R A N D U M DATE: December 23, 2009 TO: Michael Nolan — Facilities FROM: Li Wan Li -Wong, Records Management Coordinator SUBJECT: CAG -09-204, Landon Construction Group — 5th & 6th Floor Remodel The attached original document has been fully executed and is being returned to you. Please transmit the original to the contractor and retain a copy for your file. The City Clerk has retained an original for the Pile. Thankyou! hAcityderkVecords coordinator\li\contract, lease, permit memos\fully executed contract memo - new - cag-09-204.doe December 14, 2009 +`„►+ Renton City Council Minutes r„W Page 382 Appointment: Municipal Arts Mayor Law reappointed the following individuals to the Municipal Arts Commission Commission for three-year terms expiring 12/31/2012: BrittMcKenzie (Peterson), Evelyn Reingold, and Wesley Van Doren. Council concur. CAG: 09-171, 2009 Earlington City Clerk reported bid opening on 12/8/2009 for CAG -09-171, 2009 Earlington Sanitary Sewer Improvements, Water and Sanitary Sewer Improvements; 16 bids; engineer's estimate Laser Underground & $3,356,305.74; and submitted staff recommendation to award the contract to Earthworks the low bidder, Laser Underground & Earthworks Inc., in the amount of $2,162,511.12. Council concur. Executive: Office Assistant I Executive Department recommended hiring a part-time Office Assistant I to Hire, Print Shop assist with mail handling services. Council concur. Executive: D1950 Mail Executive Department recommended approval of a contract in the amount of Inserting System, Pitney $29,409 with Pitney Bowes to purchase a D1950 Mail Inserting System to Bowes replace the current equipment in the print shop. Council concur. Community Services: City Hall Community Services Department reported bid opening on 11/10/2009 for the Fifth & Sixth Floor Remodel, City Hall Fifth and Sixth Floor Remodel project; five bids; engineer's estimate Landon Construction Group $145,000; and submitted recommendation to award the contract to the low - -,� bidder, Landon Construction Group, in the amount of $132,537. Council yob concur. CAG: 09-081, 2010 Basic Life Fire and Emergency Services Department recommended approval of Support Services, King County Amendment #1 to CAG -09-081, to accept $1,160,946 from King County for basic life support services for 2010. The City's share will be $860,223, King County Fire District #25 $101,719, and King County Fire District #40, $199,004. Council concur. Police: Jail Health Services, Police Department recommended approval of a contract in the amount of Occupational Health Services $206,121 with Occupational Health Services (Public Hospital District No. 1 of Mapping, Marshall & King County) for health services for Renton jail inmates for 2010. Council Associates concur. CAG: 09-092, 2009 Street Transportation Systems Division submitted CAG -09-092, 2009 Street Overlay Overlay With Curb Ramps, with Curb Ramps, and requested approval of the project, final pay estimate in Western Asphalt the amount of $27,934.39, and commencement of a 60 -day lien period, with Western Asphalt, Inc., contractor, if all required releases are obtained. Council concur. CAG: 09-134, Phase I Surface Utility Systems Division recommended approval of Addendum #1 to CAG -09 - Water Utility Storm System 134, with Marshall and Associates, in the amount of $119,518 to assist with Mapping, Marshall & additional scoped data collection and extend the contract through 12/31/2010. Associates Council concur. Utility: Hawk's Landing Storm Utility Systems Division recommended approval of a contract in the amount of & Water Improvements $115,775 with Gray and Osborne, Inc. for the design, permitting, and Design, Gray & Osborne preparation of plans and specifications for the Lake Washington Blvd. Hawk's Landing Storm and Water System Improvement project. Council concur. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CITY OF RENTON COUNCIL AGENDA Blt%of Submitting Data: For Agenda of: Dept/Div/Board.. Community Services / Facilities December 14, 2009 Agenda Status Staff Contact...... Michael Nolan, x6608 Consent .............. X Public Hearing.. Subject: 5th & 6th Floor Remodel, Renton City Hall Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: Small Works Roster Invitation to Bid (eCityGov.net) Study Sessions...... Form of Proposal (Bid) for the 5th & 6th Floor Remodel Information......... Bid Award Memo Recommended Action: Council concur. Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $132,537.00 Transfer/Amendment....... Amount Budgeted....... $150,000.00 Revenue Generated......... Total Project Budget $1,500,000.00 City Share Total Project.. SUMMARY OF ACTION: On November 10, 2009, proposals were received from five contractors for the project "Fifth and Sixth Floor Remodel, Renton City Hall" with the apparent low bidder being Landon Construction Group with a bid of $132,537.00. The proposals (bids) were solicited through the eCityGov.net site using their Small Works Roster which the City of Renton belongs to. This remodel is to accommodate additional planned staff due to the Benson Hill Annexation. STAFF RECOMMENDATION: Accept the apparent low bid from Landon Construction Group. Renton net/agnbill/ bh COMMUNITY SERVICES DEPARTMENT .!�3 - " '1 I M E M O R A N D U M DATE: November 16, 2009 TO: Bonnie Walton, City Clerk FROM: Michael Nolan, Facilities Coordinator SUBJECT: Small Works Roster Acceptance of Proposal (Bid), City Hall Fifth & Sixth Floor Remodel We would like to submit the results of the following project proposals (bids) for Council's review and approval. The proposals (bids) were solicited through the eCityGov.net site using their Small Works Roster which the City of Renton belongs to. • For Council Date: November 23, 2009 • Project Name: City Hall Fifth and Sixth Floor Remodel • Project Summary: This project involves the remodeling portions of the fifth and sixth floors to provide new security lobbies and to reconfigure existing floor plans to accommodate higher density of cubicles due to annexation. • Proposal Method: eCityGov.net small works roster • Proposal Opening Date: November 10, 2009 • Number of Bidders: Five (5) • Apparent Low Bidder: Landon Construction Group • Apparent Low Bid: $132,537.00 • Engineer's Estimate: $145,000.00 • Project Budget: This project is part of the overall Benson Hill Annexation budget of $1,500,000.00. • Funding Source: The Benson Hill Annexation budget (state reimbursement). • Bid Irregularities: None with this contractor • Staff Recommendation: Award the contract for the City Hall 5t' and 6th Floor Remodel to the apparent low bidder, Landon Construction Group, via council concur. Bid Award Memo 5th 6th flr 12-14-09 Lon Cc: Jay Covington, Chief Administrative Officer Iwen Wang, Finance/IS Administrator Terry Higashiyama, Community Services Administrator Communications Page 1 'of 1 e0ryGov Site Network: SharedProcurementPortal.com MyParksandRecreation. corn MyBwidingPernetcrr, NL+,Maps.ret NWPreperty net �Shared ProcurementPortal.cot•�n� -� A Servke of Home Application Bid/RFP Information Roster Information Home F Show only my messages Search Roster Back to List I Communication Email Details Change Password Log Off mnolan Subject: Invitation to Bid, Renton City Hall Message: You are invited to submit a bid for the Renton City Hall Fifth & Sixth Floor Remodel project. Bids will be received until 12:00 p.m., noon, Tuesday, November 10th, 2009. Bids may be emailed, faxed, or delivered in person to Michael Nolan, Renton City Hall, 1055 Grady Way, Renton, WA, 98055, phone (425) 430-6608, fax (425) 430-6603, email mnolan@rentonwa.gov . The project consists of remodeling areas on both the fifth and sixth floors of Renton City Hall including new offices, conference rooms, and lobby areas. The architect's project estimate is $145,000. Bid documents will be available Tuesday, October 27, 2009. Plans, addenda, and plan holders list for this project are available on-line through Builders Exchange of Washington, Inc, at www.bxwa.com. At the bxwa site, click on "Posted Projects'; "Small Public Works Roster", "City of Renton Small Works Projects". To access the bid documents you will need to enter: User name: cityhall Password: bensonhill (This is the first time the City of Renton has used the eCityGov.net Small Works Roster or a pass coded plan room at Builders Exchange, so bear with us as we work out all the details.) Questions about the project can be addressed to me via phone or email. Questions for the architect may be addressed to Judy Peterson at Heery International, 206-587-0473, jpeterso@heery.com A project walk-through will be held at City Hall at 10:00 AM on Wednesday, October 28, 2009. A second walk-through may be scheduled as needed. Meet in the first floor lobby of City Hail. Attendance by bidders is strongly recommended but not mandatory. Please note that the project Time of Completion is 90 calendar days for both phases. Only contractors with adequate resources and availability to meet this schedule should submit bids. Attachment: None K Wu..htn teatcity o(so"r f- d eCityGov Alliance I Contact Us Copyright "2008 eCStyGnv :fiance. https://sharedprocurementportal.com/roster/admin/Commi nication-aspx 11/24/2009 lM Michael Nolan - RE: Contract Review Lon Page 1 of 1 From: "Larry Warren" <ljwarren@seanet.com> To: "'Michael Nolan " <Mnolan@ci.renton.wa.us> Date: 11/21/2008 10:03 AM Subject: RE: Contract Review CC: "'Peter Renner"' <PRenner@ci.renton.wa.us>, "'Robin Robertson"' <RRobertson@ci.renton.wa.us> I would prefer to have all contracts submitted electronically. AIA Al 01, 2007 is approved as to legal form and this approval is a blanket approval unless the contract is substantially modified. I may have further comments on A201. From: Michael Nolan [mailto:Mnolan@ci.renton.wa.us] Sent: Friday, November 21, 2008 9:29 AM To: Warren, Larry Subject: Contract Review Hi Larry, I will be sending hard copies of these through the inter -office mail. But I thought I would try sending them electronically also to see if that might help expedite the process (my contractor has been VERY late in getting me his bond). Thanks, Michael Nolan, AIA Facilities Coordinator City of Renton, Facilities Division Renton City Hall 1055 South Grady Way Renton, WA 98057 425-430-6608 office 425-766-6164 cell 425-430-6603 fax mnolan(&ci.renton.wa.us file://C:\Documents and Settings\Mnolan.RENTON\Local Settings\Temp\GW}OOOOI.HTM 11/21/2008 *W01 , HUMAN RESOURCESp � iO� :\, <; AND RISK MANAGEMENT' M E M O R A N D U M DATE: December 7, 2009 TO: Michael Nolan FROM: R. Robertson, Risk manager SUBJECT: Landon Construction, LLC for Renton City Hall Fifth and Sixth Floor Remodel I have reviewed the certificate of insurance and supporting policy documents for the above-mentioned contract. The insurance coverage, evidenced for this contract, meets the City's risk management requirements. c:\documents and settings\mnolan.renton\local settings\temporary internet files\content.outlook\ttg39cvw\landon construction memo (2).docx CM Eon Community Services Department ♦ Facilities Division DATE: December 14, 2009 TO: Bonnie Walton, City Clerk FROM: Michael Nolan, Facilities Coordinator SUBJECT: Bond Verification, Landon Construction Group, LLC Jim Kuich of the Seattle office of International Fidelity Insurance Company, has verified that their company issued a bond to Landon Construction Group in the amount of $140,669.96. The bond number is 0500140. The phone call to verify the bond was made on December 14, 2009. Bond Verification, 5th & 6th Flr.doc EPLS Search Results EPLS Name Classification Exclusion Type Description Address(es) -- CT Action(s) -- Page 1 of 1 M Excluded Parties List Systcm Search Results Excluded By Partial Name : landon as of 14 -Dec -2009 7:31 PM EST Landon, Mark Terry Individual Reciprocal none Address Asheboro, NC, 27203 DUNS none Action Date Termination Date CT Code Agency EPLS Create Date EPLS Modify Date Action Date Termination Date CT Code Agency EPLS Create Date EPLS Modify Date k6 r-o;"� �5 �r 20 -May -1998 Indef. Z1 HHS 21 -May -1998 24 -Aug -1998 Indef. R OPM 06 -Jan -1999 https://www.epls.gov/epls/search.do?text=landon&status=current&getreport=true&print=true&page=l 12/14/2009 :' J rm CITY HALL FIFTH & SIXTH FLOORS REMODEL CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FACILITIES DIVISION 1055 SOUTH GRADY WAY RENTON, WASHINGTON 98057 .1, 2009 140vem�e✓ PROJECT MANUAL CM CITY HALL FIFTH & SIXTH FLOORS REMODEL en TABLE OF CONTENTS TITLE PAGES Tableof Contents................................................................................................................................1 DIVISION 0- BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE ;��7►�>i:7;L�1 00020 Synopsis of Bidding Information............................................................................................1 00030 Call for Bids...........................................................................................................................1 00100 Instructions to Bidders (AIA Document A701).......................................................................1 00300 Bid Form................................................................................................................................4 00310 Bid Break-Down....................................................................................................................1 00400 Non -Collusion, Anti -Trust, & Minimum Wage Form...............................................................1 00500 Contract Agreement (AIA Document A101).......................................................................... 6 00700 General Conditions (AIA Document A201)............................................................................1 00800 Special Conditions.................................................................................................................3 00810 Insurance Provisions.............................................................................................................3 00910 Performance/Payment Bond Form........................................................................................1 TABLE OF CONTENTS, TC -1 SECTIbPW00020 - SYNOPSIS OF BIDDING INFOR TION A. PROJECT: CITY HALL FIFTH & SIXTH FLOOR REMODEL Renton City Hall 1055 South Grady Way Renton, WA 98055 B. OWNER: City of Renton 1055 South Grady Way Renton, WA 98055 C. OWNERS REPRESENTATIVE: Michael Nolan, Facilities Coordinator 1055 South Grady Way Renton, WA 98055 Phone (425) 430-6608 FAX (425) 430-6603 D. ARCHITECT: Heery International, Inc 1011 Western Avenue, Suite 706 Seattle, WA 98104 Attn: Judy Peterson Phone (206) 587-0473 E. ARCHITECT'S PROJECT ESTIMATE: $145,000 F. BIDS DUE: November 10th, 2009, 12:00 PM (noon) To Michael Nolan via email, fax, or delivery Renton City Hall, Renton, WA. G. NOTICE TO PROCEED: Upon signing of Contract H. TIME OF CONSTRUCTION: 90 calendar days. I. PERFORMANCE BOND & PAYMENT BOND: 100% of contract amount. J. WAGES: Pay state prevailing wages rates. END OF SECTION SYNOPSIS OF BIDDING INFORMATION, 00020-1 NWOW VAIW City of Renton INVITATION TO BID City Hall Fifth & Sixth Floor Remodel Bids will be received until 12:00 p.m., noon, Tuesday, November 10th, 2009 , for the City Hall Fifth & Sixth Floor Remodel project. Bids may be emailed, faxed, or delivered in person to Michael Nolan, Renton City Hall, 1055 Grady Way, Renton, WA, 98055, phone (425) 430-6608, fax (425) 430-6603, email mnolan@rentonwa.gov . The project consists of remodeling areas on both the fifth and sixth floors of Renton City Hall including new offices, conference rooms, and lobby areas. The architect's project estimate is $145,000. Bid documents will be available Tuesday, October 27, 2009, Plans, addenda, and plan holders list for this project are available on-line through Builders Exchange of Washington, Inc., at www,bxwa.com. At the bxwa site, click on "Posted Projects"; "Small Public Works Roster", "City of Renton Small Works Projects". Questions about the project can be addressed to Michael Nolan, Facilities Coordinator, phone (425) 430- 6608, email mnolan d( rentonwa.gov . A project walk-through will be held at City Hall at 10:00 AM on Wednesday, October 28, 2009. A second walk-through may be scheduled as needed. Meet in the first floor lobby of City Hall. Attendance by bidders is strongly recommended but not mandatory. The City reserves the right to reject any and/or all bids and to waive any and/or all informalities. The City's Fair Practices, Non -Discrimination, and Americans with Disability Act policies shall apply. SCION 00100 - INSTRUCTIONS TO BIDD1, 1.01 STANDARD FORM Incorporate by this reference the Instructions to Bidders, 1997, AIA Document A701, as follows. Articles 1 through 8 inclusive are included as a part of this contract. The Bidders, Contractor and all Subcontractors shall read and be governed by them. 1.02 SUPPLEMENTARY INSTRUCTIONS A. The City's fair practices and non-discrimination policies, and State Prevailing Wage Rates apply to this project. B. A Notice To Proceed shall be given after the building permit is approved, the City Council, City Attorney, Risk Manager approves the Contract, and the Contract is signed by the Mayor. C. Upon Notification of Intent to Award Contract, the following documents must be submitted prior to commencement of the Work and no later than 10 days after receipt of Notification of Intent To Award Contract; D. Standard Form of Agreement (Section 00500) Bond To The City Of Renton (Section 00610) City of Renton Business License (Section 01130) Statement of Intent to Pay Prevailing Wages (Section 01130) Certificate of Liability Insurance (Section 00820); naming the City of Renton as additional insured. E. Project Time of Completion and amount of Liquid Damages are stated in the Form Of Proposal. F. Progress Payments will be subject to retainage of 5% as stated in the Standard Form of Agreement Owner and Contractor (Section 00500). 1.03 BIDDER SELECTION CRITERIA A. Contractor's Qualifications Statement", Section 00220 will be the basis of establishing bidder's responsiveness, and ability to perform the work for this project. B. The City reserves the right to reject any and all bids and waive any informalities or irregularities in bids received. END OF SECTION INSTRUCTIONS TO BIDDERS, 00100-1 in V. Document A701'm - 1997 Instructions to Bidders for the following PROJECT: (Name and location or address): blank documents THE OWNER: ADDITIONS AND DELETIONS: (Name and address): The author of this document has added information needed for its completion. The author may also have revised the text of the THE ARCHITECT: original AIA standard form. An (Name and address): Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. TABLE OF ARTICLES A vertical line in the left margin of this document indicates where 1 DEFINITIONS the author has added necessary information and where the author 2 BIDDER'S REPRESENTATIONS has added to or deleted from the original AIA text. 3 BIDDING DOCUMENTS This document has important legal consequences. 4 BIDDING PROCEDURES Consultation with an attorney is encouraged with respect to 5 CONSIDERATION OF BIDS` " its completion or modification. 6 POST -BID INFORMATION 7 PERFORMANCE BOND AND PAYMENT BOND 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR AIA Document A701*a —1997. Copyright ©1970,1974, 1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* 1 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 1059.51 on 08/18/2004 under Order No.1000117582_l which expires on 5/10/2005, and is not for User Notes: (4225410425) 172 0 ARTICLE 1 DEFINITIONS § 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract. § 1.2 Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, or in other Contract Documents are applicable to the Bidding Documents. § 1.3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections. § 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents. § 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids. § 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted. § 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents. § 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents. § 1.9 A Sub -bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work. ARTICLE 2 BIDDER'S REPRESENTATIONS § 2.1 The Bidder by snaking a Bid represents that: § 2.1.1 The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for'which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction. § 2.1.2 The Bid is made in compliance,with the Bidding Documents. §2.1.3 The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated'the Bidder's personal observations with the requirements of the proposed Contract Documents. § 2.1.4 The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception. ARTICLE 3 BIDDING DOCUMENTS § 3.1 COPIES § 3.1.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated therein. The deposit will be refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten days after receipt of Bids. The cost of replacement of missing or damaged documents will be deducted from the deposit. A Bidder receiving a Contract award may retain the Bidding Documents and the Bidder's deposit will be refunded. § 3.1.2 Bidding Documents will not be issued directly to Sub -bidders unless specifically offered in the Advertisement or Invitation to Bid, or in supplementary instructions to bidders. AIA Document A701 rs —1997. Copyright ©1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA! Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA! Document, or any portion of It, may result in severe civil and criminal penaftles, and will be prosecuted to the n=dmum extent possible under the low. This document was produced by AIA software at 10:59:51 on 08/18/2004 under Order No. 1000117582_1 which expires on 5110/2005, and is not for resale. User Notes: (4225410425) § 3.1.3 Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. § 3.1.4 The Owner and Architect may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents. § 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS § 3.2.1 The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Architect errors, inconsistencies or ambiguities discovered. § 3.2.2 Bidders and Sub -bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior to the date for receipt of Bids. § 3.2.3 Interpretations, corrections and changes of the Bidding Documents will be made by Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them. § 3.3 SUBSTITUTIONS § 3.3.1 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. § 3.3.2 No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the:proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution; is upon the proposer. The Architect's decision of approval or disapproval of a proposed substitution shall be final. § 3.3.3 If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner. § 3.3.4 No substitutions will be, considered after the Contract award unless specifically provided for in the Contract Documents. § 3.4 ADDENDA § 3.4.1 Addenda will be transmitted to all who are known by the issuing office to have received a complete set of Bidding Documents. § 3.4.2 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. § 3.4.3 Addenda will be issued no later than four days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. § 3.4.4 Fach Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid. ARTICLE 4 BIDDING PROCEDURES § 4.1 PREPARATION OF BIDS § 4.1.1 Bids shall be submitted on the forms included with the Bidding Documents. AIA Document A7017' —1997. Copyright ®1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIO Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:59:51 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005, and is not for resale. User Notes: (4225410425) CM § 4.1.2 All blanks on the bid form shall be legibly executed in a non -erasable medium. § 4.1.3 Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern. § 4.1.4 Interlineations, alterations and erasures must be initialed by the signer of the Bid. § 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change." § 4.1.6 Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner. § 4.1.7 Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the Bidder. The Bidder shall provide evidence of legal authority to perform within the jurisdiction of the Work. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder. § 4.2 BID SECURITY § 4.2.1 Each Bid shall be accompanied by a bid security in the form and amount required if so stipulated in the Instructions to Bidders. The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the: Bidder refuse to enter into such Contractor fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with Section 6.2. § 4.2.2 If a surety bond is required, it shall be written on AIA Document A310, Bid Bond, unless otherwise provided in the Bidding Documents,.and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and currentcopy of the power of attorney. § 4.2.3 The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected. § 4.3 SUBMISSION OF BIDS §4.3.1 All copies of the Bid, the,bid security, if any, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified withthe Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the Bid'is'submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof. § 4.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened. § 4.3.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. § 4.3.4 Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered. § 4.4 MODIFICATION OR WITHDRAWAL OF BID § 4.4.1 A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid. § 4.4.2 Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the parry receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the AIA Document A701TM —1097. Copyright 01970,1974,1978,1987&M 1997 by The American Institute of Architects. Ail rights reserved. WARMNG: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of It, may result In seven civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:59:51 on 08/18/2004 under Order No. 1000117582 1 which expires on 5/10/2005, and is not for resale. User Notes: (4225410425) signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date- and time - stamped by the receiving party on or before the date and time set for receipt of Bids. A change shall be so worded as not to reveal the amount of the original Bid. § 4.4.3 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. § 4.4.4 Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted. ARTICLE 5 CONSIDERATION OF BIDS § 5.1 OPENING OF BIDS At the discretion of the Owner, if stipulated in the Advertisement or invitation to Bid, the properly identified Bids received on time will be publicly opened and will be read aloud. An abstract of the Bids may be made available to Bidders. § 5.2 REJECTION OF BIDS The Owner shall have the right to reject any or all Bids. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection. § 5.3 ACCEPTANCE OF BID (AWARD) § 5.3.1 It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests. § 5.3.2 The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided inthe 'Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted. ARTICLE 6 POST -BID INFORMATION § 6.1 CONTRACTOR'S QUALIFICATION STATEMENT Bidders to whom award of a Contract ifi,under consideration shall submit to the Architect, upon request, a properly executed AIA Document A305, Contractor's Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bidding Documents. § 6.2 OWNER'S FINANCIAL CAPABILITY The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no later than seven days prior to the expiration of he time for withdrawal of Bids, furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Unless such reasonable evidence is furnished, the Bidder will not be required to execute the Agreement between the Owner and Contractor. § 6.3 SUBMITTALS § 6.3.1 The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, after notification of selection for the award of a Contract, furnish to the Owner through the Architect in writing: .1 a designation of the Work to be performed with the Bidder's own forces; .2 names of the manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work; and ..3 names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work. § 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents. § 6.3.3 Prior to the execution of the Contract, the Architect will notify the Bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the AIA Document A701Tu —1997. Copyright ®1970, 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* 5 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 109:51 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005, and is not for resale. User Notes,. (4225410425) user+ w..r Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited. § 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect. ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND § 7.1 BOND REQUIREMENTS § 7.1.1 If stipulated in thcBidding Documents, the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder's usual sources. § 7.1.2 If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to'the `Bid in determining the Contract Sum. § 7.1.3 If the Owner requires that bonds be secured from other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents. § 7.2 TIME OF DELIVERY AND" FORM OF BONDS § 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to be commenced prior thereto in response to a letter of intent, the Bidder shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 7.2.1. § 7.2.2 Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance Bond and Payment Bond. Both bonds shall be written in the amount of the Contract Sum. § 7.2.3 The bonds shall be dated on or after the date of the Contract. § 7.2.4 The Bidder shall require the:attomey-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. ARTICLE 6 FORM OF AGREEMENT: BETWEEN OWNER AND CONTRACTOR Unless otherwise required mi the Bidding Documents, the Agreement for the Work will be written on AIA Document A101, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum. AIA Document A701 TM —1997. Copyright 01970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. Ali rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:59:51 on 08/18/2004 under Order No. 1000117562_1 which expires on 5/1012005, and is not for resale. User Notes: (4225410425) SECTION 00300 - BID FORM FORM OF PROPOSAL (BID) for the Fifth & Sixth Floor Remodel Renton City Hall 1055 South Grady Way Renton, WA 98055 Bids Due: 12:00 P.M. (noon) Tuesday, November 10, 2009 To: Michael Nolan Sixth Floor of City Hall 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 and have examined the sites 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 and to perform all labor which may be required to complete said work within the time fixed, and upon the terms and conditions provided in said Contract Documents for consideration of the following amount: A. BASE BID For all work shown in the Contract Documents the sum of: $ Washington State Sales Tax: $ Grand Total Base Bid: B. CONDITIONS OF PROPOSAL 1. Determination of Low Bidder: The owner reserves the right to 'Award a Contract' based on the Contractor's Proposal Amounts for Base Bid and/or Breakdown, in whatever manner is in the Owner's best interest. 2. Overhead and Profit: All of the above Bid Prices shall include overhead and profit. BID FORM, 00300-1 C. PERIOD OF BID VALIDITY / ACCEPTANCE OF BID The undersigned hereby agrees that this BID as described in paragraph "A" shall be a valid and firm offering for the period of sixty (60) days from closing time for the "Receipt Of Bids." Acceptance of Bid: Within sixty (60) days after the opening of Form Of Proposal, the City will act either to accept the Proposal from the lowest responsive, responsible Bidder, or to reject all Bids. The City reserves the right to request extensions of such Bid acceptance period. The acceptance of a Bid will be evidenced by a written Notice of Intent to Award Contract to the Bidder whose Bid is under consideration for acceptance, together with a request to furnish a bond (if required), evidence of insurance to execute the agreement set forth in the Contract Documents, and other designated documents. D. EXECUTION OF CONTRACT If written "Notice of Intent to Award Contract" is mailed, telegraphed, facsimile, or delivered to the undersigned within the "period of Bid Validity" noted above, or any time thereafter before this Bid is withdrawn, the undersigned will, within ten (10) days after the date of such notification, execute a Contract in the form of the AIA Document A101 "STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR - STIPULATED SUM", 1997 edition. E. TIME FOR COMPLETION The undersigned hereby agrees to "FINAL COMPLETION" of all Work outlined in the Contract Documents within 90 calendar days of receiving the Notice To Proceed.. LIQUIDATED DAMAGES If the Contractor fails to complete the Work by the FINAL COMPLETION DATE (or such extension of that date which might be granted by the Owner), he agrees to abide by all provisions of the Contract. In addition, Liquidated Damages in the amount of Two Hundred Dollars ($ 200.00) will be assessed for each calendar day that the Contractor exceeds the "FINAL COMPLETION DATE." G. ADDENDUM RECEIPT Receipt of the following "ADDENDA" to the CONTRACT DOCUMENTS is acknowledged: Addendum No. Date Addendum No. Date Addendum No. Date BID FORM, 00300 - 2 Vmm H. EXECUTION OF PROPOSAL Name of Firm State License Registration No. Address_ City Telephone VAO State Zip Code FAX The undersigned designates the above as the firm and address to which "NOTICE OF CONTRACT AWARD" may be mailed, hand delivered or delivered via facsimile. NOTE: If a Bidder is a corporation, write state of incorporation; and if a partnership, give full names and addresses of all partners below: The undersigned certifies that the above is a firm and valid BID to accomplish all Work and comply with all requirements of the Contract Documents. Date Signature Name & Title END OF BID FORM BID FORM, 00300 - 3 "w' SECTION 00310 - BID BREAK-DOWNr In addition to the Bid Form, additional documentation must be provided in a break -down of the bid per CSI division. An example is attached, though any format is acceptable that follows the CSI divisions. BID FORM, 00300-1 SECTION 00400*40N-COLLUSION, ANTI-TRUST, AND M11"1UM WAGE FORM NON -COLLUSION AFFIDAVIT Being duly sworn, deposes and says, that he is the identical person who submitted the forgoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over the other Bidder or Bidders. AND CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having been duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract: that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: NON -COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT Name of Project Name of Bidders Firm Signature of Authorized Representative of Bidder Subscribed and sworn to before me on this day of 20 Notary Public in and for the State of Washington Residing at: NON -COLLUSION, ANTI-TRUST, AND MINIMUM WAGE FORM, 00400-01 SECTION 00310 - BID BREAK -DOWN In addition to the Bid Form, additional documentation must be provided in a break -down of the bid per CSI division. An example is attached, though any format is acceptable that follows the CSI divisions. BID FORM, 00300 -1 Constructio iBid Comparisoniv CSI NO. ITEM OF WORK DIV. 1 - GENERAL CONDITIONS 01100 01200 01300 01400 01500 01600 On Site Supervision Permits On Site Laborer Final Cleaning Project Closeout Office $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL - GENERAL CONDITIONS $0 $0 $0 DIV. 2 - SITE WORK & DEMOLITION 02100 02200 02300 Demolition Dumpsters $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL - SITE WORK & DEMOLITION $0 $0 $0 DIV. 3 - CONCRETE 03100 03200 03300 03400 03500 Concrete Cutting Backfill / Trenching / Pour Patch Existing Core Drills Sonar Testing / X -Ray $0 $0 $0 $0 $01 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL - CONCRETE $0 $0 $0 DIV. 4 - MASONRY 04100 04200 Masonry Repair $0 $0 $0 $0 $0 $0 TOTAL - MASONRY $0 $0 $0 DIV. 5 - METALS 05100 05200 05300 Structural Steel (Material Only) Structural Steel (Labor only $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL - METALS $0 $0 $0 DIV. 6 - WOOD & PLASTICS 06100 06200 06300 06400 Misc. Carpentry Misc. Carpentry Material Backing & Blocking $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL - WOOD & PLASTICS $0 sol $0 DIV. 7 THERMAL & MOISTURE PROCTECTION 07100 07200 07300 07400 07500 07600 07700 07800 Waterproofing Exterior Wall Insulation Roof Insulation Wall Insulation / Stick Pins Wall Sound Insulation Ceiling Sound Insulation Fire Caulking Membrane Roof (patching) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $01 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL - THERMAL & MOISTURE PRJ $0 $0 1 $0 • . CSI • ITEM OF WORK DIV. 8 - DOORS & WINDOWS 08100 08200 08300 08400 08500 08600 Doors / Frames / Hardware / Relite Ma Doors / Frames / Hardware / Relite La Locksets Coat Hooks Glass and Glazing $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL - DOORS & WINDOWS $0 $0 $0 DIV. 9 - FINISHES 09100 09200 09300 09400 09500 09525 09550 09575 09600 09700 09800 Structural Framing GWB Complete w/ Level 4 Finish Skim Coat - Level 5 Finish Acoustical Ceiling & Grid Floor Preparation Tile / Stone Flooring VCT / Sheet Flooring Installation Carpet Installation Painting Wall Covering $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $01 0 $0 $01 0 $0 $01 0 $0 $01 0 $0 $01 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL - FINISHES $0 $0 $0 DIV. 10 -SPECIALTIES 10100 10200 10300 Whiteboard / Tackboard Installation Projection Screen Installation $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL - SPECIALTIES $0 $0 $0 DIV. 11 - EQUIPMENT 11100 11200 $0 $0 $0 $0 $0 $0 TOTAL - EQUIPMENT $0 $0 $0 DIV. 12 FINISHES 12100 12200 12300 12400 12500 Casework Window Blinds Drapes Appliances (DW, GD, REFER, MW) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL - FURNISHINGS $0 $0 $0 DIV. 13 - SPECIAL CONSTRUCTION 13100 13200 $0 01 0 $0 $0 $0 TOTAL - SPECIAL CONSTRUCTION $0 $0 $0 • . CSI • ITEM OF WORK . DIV. 15 -MECHANICAL 15100 15200 15300 15400 15500 15600 Plumbing Hot Water Tank Fire Sprinkler Fire Extinguishers HVAC $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL - MECHANICAL $0 $0 $0 DIV. 16 - ELECTRICAL 16100 16200 16300 16400 16500 16600 Electrical Lighting Emergency Lighting Fire Alarms Audio Visual $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL - ELECTRICAL $0 $0 $0 Deducts Adds SUB TOTAL $0 $0 $0 $0 $0 $0 SUB TOTAL $0 $0 Overhead Contractor Fee $0 $0 $0 $0 $0 $0 TOTAL CONSTRUCTION AMOUNT $0 $0 $0 Sales Tax 9.50% GRAND TOTAL $0 $0 $0 'fid' ter+ SECTION 00500 - CONTRACT 101 STANDARD FORM Incorporated by reference is the Standard Form of Agreement Between the Owner and the Contractor Where the Basis of Payment is a Stipulated Sum, 1997, AIA Document A-101, as follows, Articles 1 through 9 inclusive. They are included as part of the contract. The Contractor and all subcontractors shall read and be governed by them. END OF SECTION CONTRACT, 00500-1 IIS IM SECTION 00700 - GENERAL CONDITIONS 101 STANDARD FORM Incorporated by reference are the General Conditions of the Contract for Construction, 1997, AIA Document A-201, 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. END OF SECTION GENERAL CONDITIONS, 00700-1 SECTION 00800 - SPECIAL CONDITIONa•+ The following supplements modify the "General Conditions of the Contract for Construction", AIA Document A201, 1997 edition, as a part of these Contract Documents. ARTICLE 1 - COMPLIANCE WITH WAGE RATES AND FILING OF "INTENT TO PAY PREVAILING WAGES" HEREINAFTER CALLED "INTENT" AND "AFFIDAVIT OF WAGES PAID" 1.1 " Prevailing Wages on Public Works" - The Contractor and Subcontractors shall comply with 39.12 RCW and amendments "Prevailing Wages on Public Works." 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 therewith. 1.2 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. Wage data is also available at http://www.Ini.wa.gov/TradesLicensing/PrevWage/default.asp The Contractor is responsible for paying the appropriate wage rates. 1.3 The Contractor, and all Subcontractors, on or before the date of commencement of work, shall file a statement under oath with the City 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. 1.4 Copies of all "Intents" shall be on file with the Contractor, the Industrial Statistician, and the City. 1.5 "Affidavits of Wages Paid" - upon completion of project, the Contractor shall fully execute and file "Affidavit of Wages Paid" with the Washington State Department of Labor and Industries and any other agencies required by law. Sample copy enclosed herein. Copies shall be provided to the City prior to Final Completion, Final Payment and release of Retainage. Each affidavit of wages paid must be certified by the Industrial Statistician of the Department of Labor and Industries before it is submitted. 1.6 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. ARTICLE 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 SPECIAL CONDITIONS, 00800-1 Contractor's Certificate of Registration shall be in full force and effect throughout the work project herein above enumerated, prior to starting work. ARTICLE 3 - NON-DISCRIMINATION The Contractor shall offer equal opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, or disability. ARTICLE 4 - 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 City Finance Department located on the First Floor of the City Hall Building, 1055 South Grady Way, Renton, WA. ARTICLE 5- SITE AND STREET CLEANING Contractors working dump trucks and/or other equipment on paved streets and roadways will be required to clean said streets at the conclusion of each day's operation or as directed by the City. If the area is not properly cleaned or the condition of the excavation warrants or if required by other City or State ordinances or requirements, the Owner shall direct the Contractor to provide facilities to remove clay or other deposits from the tires or between dual wheels before trucks and/or other equipment will be allowed to travel beyond the construction site. Any violation of the above requirements shall be sufficient ground for the Owner to order the area in question cleaned by others, the cost of the operation to be deducted from the Contract amount. It shall be the Contractor's responsibility to control dust at the construction site by watering as required or as directed by the Owner. All costs in connection with the above work shall be considered as incidental to the construction, and payment shall be considered to be included in the prices bid for the various items comprising this improvement. ARTICLE 6- PERFORMANCE BOND (CONTRACTOR'S CONTRACT BOND): The Contractor shall execute and deliver to the Owner a bond on the form included in this Contract Documents, with an approved surety company, as surety in the sum of the full amount of the contract price including the Washington State Sales Tax, in compliance with the Revised Codes of Washington, and any amendments thereto. The bond shall also guarantee the Contractor's material and workmanship on the project for a period of one (1) year from the date of the issuance of his Certificate of Substantial Completion by the Architect. ARTICLE 7- TRAFFIC SAFETY AND STREET USE: The Contractor shall be responsible for the provision of barricades and the safety guards and any other structures of improvement necessary for the complete protection of the public or workers including traffic study requirements as directed by the City in consultation with the Public Works SPECIAL CONDITIONS, 00800-2 In rn and Police Departments. The Contractor shall further abide by all rules and regulations of OSHA as amended or supplemented by WISHA. Contractor shall be responsible for any permits required due to construction activity or staging in the public right-of-way including, but not limited to, traffic control and flaggers as required by City Public Works Department. All costs in connection with the above work shall be considered as incidental to the construction, and payment shall be considered to be included in the prices bid for the various items comprising this improvement. ARTICLE 8- PERMITS: The Owner will pay directly for the Building Permit. It shall be the Contractor's responsibility to apply for and pay for the plumbing, mechanical, electrical and elevator permits and to secure all other Municipal, County, or State permits and licenses necessary or incident to the actual performance of the work under this Contract that have not been addressed in the contract documents, and shall, during the work progress, comply with all laws, ordinances, and governmental regulations pertaining to carrying out of the work. END OF SECTION SPECIAL CONDITIONS, 00800-3 +yrs u C r�� V400{ Insurance Requirements For City of Renton Please provide this document to your insurance agent The City of Renton requires the industry standard: • $1,000,000 Commercial General Liability, with $2,000,000 in the aggregate • $1,000,000 Auto Liability (Needed if a vehicle will be used in performance of work. This would include delivery of products to worksite) • $1,000,000 Excess Liability (if specified in contract; can be in tandem with CGL) • Proof of Workers' Compensation coverage (provide the number) • $1,000,000 Professional Liability (if specified in contract) Requirements unique to the City of Renton: • Name the City of Renton as a Primary and Non-contributory Additional Insured on the policy • Due to a statement found at the upper right of the ACORD form, pleaserp ovide the endorsement page(s) from the policy(ies), evidencing Primary & Non- contributory coverage • Modify the cancellation clause to state: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 45 days written notice to the certificate holder to the left." - per RCW 48.18.290. • Put descriptive text of the project in the "Description of Operations" box • The certificate holder should read: City of Renton ATTN: {enter your City contact's name here} 1055 South Grady Way Renton, WA. 98057 • For expeditious review and approval, please forward the Certificate of Insurance and pertinent endorsement page(s) to: City of Renton ATTN: Paulie Sulky HR&RM 1055 South Grady Way Renton, WA. 98057 Direct any questions, comments or concerns to: Paulie Sulky — 425.430.7661/ desk 425.430.7650/ main 425.430.7665/ fax psulky_Ccr ci.renton.wa.us SECTION 0091PERFORMANCE BOND TO THE CITY C4wKENTON FORM 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 , 20 Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG- providing for construction of Project Name the principal is required to furnish a bond for the faithful performance of the contract; and WHEREAS, the principal has accepted, or is about to accept, the contract, the undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. Principal Surety Signature Surety's Address Name and Title Agent's Signature Agent's Name and Title Agent's phone number BOND TO THE CITY OF RENTON FORM, 00910-1