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HomeMy WebLinkAbout1100 N WEST AVE_1497_2026 Haller & Bill Quake Memorial Park ADA Compliance Remodel FOR; The City of Arlington 238 North Olympic Avenue Arlington,.Washington 98223 PROJECT MANUAL ARCHITECT Ross&McClure 1223 Commercial Street Bellingham,Washington 98225 (206)676-7733 Fax (206) 738-0448 LBid Set: July 5, 1994 L flEr'EIVEID (,,jr? OF AO-INO'fON L .L - - • r _ ` • • � � I • - � � 1 � • � � � I • • �_ • � 1 . �. • . . . L • r � L. _ _ � � � �� HALLER AND QUAKE MEMORIAL PARK ADA COMPLIANCE REMODEL JOB NO. 9433 TABLE OF CONTENTS BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT Document 00020 Invitation To Bid 00020-1 to -3 00100 Instructions To Bidders 00100-1 to -5 00300 Bid Form 00300-1 00400 Supplements to Bid Forms • Bid Bond (AIA Document A310) • Certification Regarding Lobbying • Certification of Non-Segregated Facilities • Non-Collusion Affidavit 00500 Agreement Form • AIA Document A101 00500-1 to -8 00600 Bonds and Certificates • Performance Bond, Labor and Material Bond AIA Document A311 • Contract Bond • Retainage Investment Option 00700 General Conditions • AIA Document A201 00700-1 to -24 00800 Supplementary Conditions 00800-1 to -3 • SGC Subgrantee General SGC-1 to -14 Conditions • Federal Labor Standards Provisions • Payment of Prevailing Wage Rates • Federal Prevailing Wage Rates • Snohomish County DOL-1 to -8 Wage Rates • Benefit Codes DOL-1 to -8 Detailed Specifications Pages-1 to -9 END OF TABLE OF CONTENTS Table of Contents - 1 'T ,r. 1• r 'f I i `i 1 HALLER AND QUAKE MEMORIAL PARK ADA COMPLIANCE REMODEL JOB NO. 9433 r I DOCUMENT 00020 INVITATION TO BID r The Project and contract Documents are titled: C F Haller And Quake Memorial Park ADA Compliance Remodel w Arlington, Wa. 98223 The Owner is : The City of Arlington 238 North Olympic Avenue Arlington, Wa. 98223 The Architect is: Ross & McClure 1223 Commercial Street Bellingham, Wa. 98225 DESCRIPTION OF THE PROJECT: The Work of this Contract includes the interior & exterior J remodeling of existing restrooms to comply with ADA at Quake Memorial Park & Haller Park. The approximate construction cost for all of the work contemplated in this contract is $21, 500 plus Washington State Sales Tax, at 1994 costs . t DRAWINGS AND PROJECT MANUAL: General Contractors may obtain Drawings and Project Manuals from the City of Arlington, 238 North Olympic Avenue 98223, for a refundable deposit of $25. 00 per set of documents . A set of documents includes Drawings and a project manual . Bidding Documents may also be viewed at the following locations . 00020-1 1 _ I •: I HALLER AND QUAKE MEMORIAL PARK ADA COMPLIANCE REMODEL JOB NO. 9433 WCR Plan Center 923 West Holly Street Bellingham, Washington (206) 738-0370 or 800-660-0477 Fax. (206) 738-0371 Snohomish County Plan Center 2607 Wetmore Avenue Everett, Washington (206) 258-1303 Fax. (206) 259-3832 Associated General Contractors 1200 Westlake North Seattle, Washington (206) 258-2021 or 800-562-2868 BID FORM Bid Form, to be entitled for consideration, must be in accordance with the following instructions : 1 . Bid Form shall be in the form provided. All blank spaces in Bid Form shall be fully filled, the signature shall be in longhand, and the completed form shall be without interlineation, alteration, or erasure. 2 . Bid Form shall not contain any recapitulation of the Work to be performed. No oral, telegraphic, or telephone proposals or modifications will be considered. 3 . Bid Form shall be addressed to the Owner, and shall be delivered to The City of Arlington, 238 North Olympic Ave.Arlington, Wa. 98223, enclosed in an opaque sealed envelope marked "Bid Form" and bearing the title of the Work and the name of the bidder, no later than 3 : 00 P .M. Wednesday. Julv 27. 1994 . 4 . Bids will be publicly opened and read immediately after the time of receipt . Bidders may be present at the opening, but no further notice will be given except in the event of a change of opening time. 5 . Each Bid Form shall be accompanied by the following completed documents: a) Certification of Non-Segregated Facilities . b) Non-Collusion Affidavit . 00020-2 HALLER AND QUAKE MEMORIAL PARK ADA COMPLIANCE REMODEL JOB NO. 9433 BID SECURITY: Bid Security is required with the bid in an amount not less than 5 percent of the amount bid for the Stipulated Sum, made out payable to The City of Arlington. Bid Security may be Bid Bond, cashier' s check, certified check, or money order. Of Bid Bond it shall be on Form of Bid Bond, AIA Document A310, latest edition. REJECTION OF BIDS : The bidder acknowledges the right of the Owner to reject any of all bids, to waive any informality or irregularity in any bid received, and to accept other than the lowest bid. In addition, the bidder recognizes the right of the Owner to reject a bid if the bidder failed to furnish any required bid security, or to submit the data required by the bidding documents, or if the bid is in any way incomplete or irregular. AWARD OF CONTRACT: The bidder to whom the award is make will be promptly notified after Snohomish County Grants Administration approval . Within 10 calendar days from the date of such notification, he shall execute the Standard Form of Agreement Between Owner and Contractor, AIA Document A101, Latest edition, copy attached. TIME FOR COMPLETION: The Contract Time allotted for completion of the Project shall be 60 calendar days for Substantial Completion with Final Completion 30 days thereafter from the date of Notice to Proceed. GUARANTY BONDS: Guaranty Bonds are required, in the forms provided, and the bidder' s attention is drawn thereto. PREVAILING WAGES AND FEDERAL REQUIREMENTS This Project is subject to both State and Federal Prevailing wages, whichever are greater. The City of Arlington is an equal opportunity employer. The Project is funded in part by Snohomish County Community Development Block Grant Funds. Contractors/Subcontractors must also comply with Executive Order 11246 as amended by Executive Order 11375 regarding affirmative action and equal opportunity. 00020-3 I � � HALLER AND QUAKE MEMORIAL PARK ADA COMPLIANCE REMODEL JOB NO. 9433 Contractors/Subcontractors must also comply with Section 3 of the Housing and Urban Development Act of 1968 .A prebid telephone conference regarding Federal requirements may by held by calling Construction Contract Specialist, Snohomish County Grants Administration (206) 388-3521 prior to bid opening. PRE-BID CONFERENCE A pre-bid conference for all Bidding General Contractors, will be held on Thursday, July 14. 1994 at 10 : 00 A.M. AT Arlington City Hall 238 North Olympic Avenue. Arlington, wa. Bidding Contractors are required to attend. Interested subcontractors are invited to attend. Snohomish County Grants Administration' s Construction Contract Specialist will be in attendance to answer questions regarding Federal Requirements. FUNDING The Project is funded (in part) by Snohomish County Community Development Block Grant funds. EQUAL OPPORTUNITY The City of Arlington is an Equal Opportunity Employer. Contractors/Subcontractors must comply with Executive Order 11246 as amended by Executive Order 11375 regarding affirmative action and equal opportunity. OTHER REQUIREMENTS Contractors/Subcontractors must comply with Section 3 of the Housing and Urban Development Act of 1968 . END OF DOCUMENT 00020-4 Id 1 I I I T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S CANDLE AIA Document A701 Instructions to Bidders 1987 EDITION TABLE OF ARTICLES 1. DEFINITIONS 6. POST-BID INFORMATION 2. BIDDER'S REPRESENTATIONS 7. PERFORMANCE BOND AND PAYMENT BOND 3. BIDDING DOCUMENTS 8. FORM OF AGREEMENT BETWEEN OWNER 4. BIDDING PROCEDURES AND CONTRACTOR 5. CONSIDERATION OF BIDS MCAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. Copyright 1970, 1974, 1978, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C.20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A701 •INSTRUCTIONS TO BIDDERS•FOURTH EDITION•AIA® • ©1987•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A701-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. ► 9 a 0 I INSTRUCTIONS TO BIDDERS fARTICLE 1 has correlated the Bidder's personal observations with the DEFINITIONS requirements of the proposed Contract Documents. 2.1.4 The Bid is based upon the materials,equipment and sys- 1 1.1 Bidding Documents include.the Bidding Requirements and tems required by the Bidding Documents without exception. ' the proposed Contract Documents.The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, the bid ARTICLE 3 form, and other sample bidding and contract forms. The pro- BIDDING DOCUMENTS posed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Con- 3.1 COPIES r tract (General, Supplementary and other Conditions), Draw- ings,Specifications and all Addenda issued prior to execution of 3.1.1 Bidders may obtain complete sets of the Bidding Docu- the Contract. ments from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if r 1.2 Definitions set forth in the General Conditions of the Con- any, stated therein. The deposit will be refunded to Bidders tract for Construction, AIA Document A201, or in other Con- who submit a bona fide Bid and return the Bidding Documents tract Documents are applicable to the Bidding Documents. in good condition within ten days after receipt of Bids. The 1.3 Addenda are written or graphic instruments issued by the cost of replacement of missing or damaged documents will be r Architect prior to the execution of the Contract which modify deducted from the deposit. A Bidder receiving a Contract 1 or interpret the Bidding Documents by additions, deletions, award may retain the Bidding Documents and the Bidder's clarifications or corrections. deposit will be refunded. 1.4 A Bid is a complete and properly signed proposal to do the 3.1.2 Bidding Documents will not be issued directly to Sub- Work for the sums stipulated therein,submitted in accordance bidders or others unless specifically offered in the Advertise- with the Bidding Documents, ment or Invitation to Bid, or in supplementary instructions to bidders. 1.5 The Base Bid is the sum stated in the Bid for which the Bid r der offers to perform the Work described in the Bidding Docu- 3.1.3 Bidders shall use complete sets of Bidding Documents in menu as the base,to which Work may be added or from which preparing Bids; neither the Owner nor Architect assumes Work may be deleted for sums stated in Alternate Bids. responsibility for errors misinterpretations resulting from the use of incomplete sets off Bidding Documents. 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 3.1.4 In making copies of the Bidding Documents available on Bid if the corresponding change in the Work, as described in the above terms, the Owner and the Architect do so only for the Bidding Documents, is accepted. the purpose of obtaining Bids on the Work and do not confer a license or grant permission for any other use of the Bidding 1.7 A Unit Price is an amount stated in the Bid as a price per Documents. unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents. 3.2 INTERPRETATION OR CORRECTION OF 1.8 A Bidder is a person or entity who submits a Bid. BIDDING DOCUMENTS 1.9 A Sub-bidder is a person or entity who submits a bid to a 3.2.1 The Bidder shall carefully study and compare the Bid- Bidder for materials, equipment or labor for a portion of the ding Documents with each other, and with other work being Work, 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 l ARTICLE 2 to the Architect errors, inconsistencies or ambiguities discovered. BIDDER'S REPRESENTATIONS 3.2.2 Bidders and Sub-bidders requiring clarification or inter- pretation of the Bidding Documents shall make a written 2.1 The Bidder by making a Bid represents that: request which shall reach the Architect at least seven days prior to the date for receipt of Bids. 2.1.1 The Bidder has read and understands the Bidding Docu- 3.2.3 Interpretations, corrections and changes of the Bidding ments and the Bid is made in accordance therewith. Documents will be made by Addendum. Interpretations, cor- 2.1.2 The Bidder has read and understands the Bidding Docu- rections and changes of the Bidding Documents made in any ments or contract documents, to the extent that such docu- other manner will not be binding, and Bidders shall not rely ' mentation relates to the Work for which the Bid is submitted, upon them.. for other portions of the Project,if any,being bid concurrently l , or presently under construction. 3.3 SUBSTITUTIONS 2.1.3 The Bidder has visited the site, become familiar with 3.3.1 The materials,products and equipment described in the local conditions under which the Work is to be performed and Bidding Documents establish a standard of required function, 1 AIA DOCUMENT A701 -INSTRUCTIONS TO BIDDERS-FOURTH EDITION AIA® -©1987-THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A701-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. dimension,appearance and quality to be met by any proposed of the bid security,state the Bidder's refusal to accept award of substitution. less than the combination of Bids stipulated by the Bidder.The Bidder shall make no additional stipulations on the bid form 3.3.2 No substitution will be considered prior to receipt of nor qualify the Bid in any other manner. Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of 4.1.7 Each copy of the Bid shall include the legal name of the Bids. Such requests shall include the name of the material or Bidder and a statement that the Bidder is a sole proprietor,part- equipment for which it is to be substituted and a complete nership, corporation or other legal entity. Each copy shall be description of the proposed substitution including drawings, signed by the person or persons legally authorized to bind the performance and test data,and other information necessary for Bidder to a contract. A Bid by a corporation shall further give an evaluation.A statement setting forth changes in other mate- the state of incorporation and have the corporate seal affixed.A vials, equipment or Other portions of the Work including Bid submitted by an agent shall have a current power of changes in the work of other contracts that incorporation of attorney attached certifying the agent's authority to bind the the proposed substitution would require shall be included.The Bidder. burden of proof of the merit of the proposed substitution is upon the proposer.The Architect's decision of approval or dis- 4.2 BID SECURITY approval of a proposed substitution shall be final. 4.2.1 If so stipulated in the Advertisement or Invitation to Bid, 3.3.3 If the Architect approves a proposed substitution prior or supplementary instructions to bidders, each Bid shall be to receipt of Bids, such approval will be set forth in an Adden- accompanied by a bid security in the form and amount dum. Bidders shall not rely upon approvals made in any other required, pledging that the Bidder will enter into a Contract manner. with the Owner on the terms stated in the Bid and will, if 3.3.4 No substitutions will be considered after the Contract required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. award unless specifically provided in the Contract Documents. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security 3.4 ADDENDA shall be forfeited to the Owner as liquidated damages, not as a penalty.The amount of the bid security shall not be forfeited to 3.4.1 Addenda will be mailed or delivered to all who are the Owner in the event the Owner fails to comply with Sub- known by the issuing office to have received a complete set of paragraph 6.2.1. Bidding Documents. 4.2.2 If a surety bond is required, it shall be written on AIA 3.4.2 Copies of Addenda will be made available for inspection Document A310, Bid Bond, unless otherwise provided in the wherever Bidding Documents are on file for that purpose. Bidding Documents,and the attomey-in-fact who executes the 3.4.3 No Addenda will be issued later than four days prior to bond on behalf of the surety shall affix to the bond a certified the date for receipt of Bids except an Addendum withdrawing and current copy of the power of attorney. the request for Bids or one which includes postponement of 4.2.3 The Owner will have the right to retain the bid security the date for receipt of Bids. of Bidders to whom an award is being considered until either 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that (a)the Contract has been executed and bonds,if required,have the Bidder has received all Addenda issued,and the Bidder shall been furnished, or (b) the specified time has elapsed so that acknowledge their receipt in the Bid. Bids may be withdrawn, or(c)all Bids have been rejected. 4.3 SUBMISSION OF BIDS ARTICLE 4 4.3.1 All copies of the Bid, the bid security, if any, and other documents required to be submitted with the Bid shall be BIDDING PROCEDURES enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified 4.1 FORM AND STYLE OF BIDS with the Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the 4.1.1 Bids shall be submitted on forms identical to the form Bid is submitted. If the Bid is sent by mail, the sealed envelope included with the Bidding Documents. shall be enclosed in a separate mailing envelope with the nota- tion "SEALED BID ENCLOSED" on the face thereof. 4.1.2 All blanks on the bid form shall be filled in by typewriter or manually in ink. 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 4.1.3 Where so indicated by the makeup of the bid form,sums time and date for receipt of Bids will be returned unopened. shall be expressed in both words and figures,and in case of dis- crepancy between the two, the amount written in words shall 4.3.3 The Bidder shall assume full responsibility for timely govern. delivery at the location designated for receipt of Bids. 4.1.4 Interlineations,alterations and erasures must be initialed 4.3.4 Oral, telephonic or telegraphic Bids are invalid and will by the signer of the Bid. not receive consideration. 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change." 4.4 MODIFICATION OR WITHDRAWAL OF BID 4.1.6 Where two or more Bids for designated portions of the 4.4.1 A Bid may not be modified, withdrawn or canceled by Work have been requested,the Bidder may,without forfeiture the Bidder during the stipulated time period following the time AIA DOCUMENT A701 •INSTRUCTIONS TO BIDDERS•FOURTH EDITION•AIA° •©1987•THE 3 A701-1987 AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. r and date designated for the receipt of Bids,and each Bidder so required and submitted as a prerequisite to the issuance of Bid- agrees in submitting a Bid. ding Documents. 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 6.2 OWNER'S FINANCIAL CAPABILITY r the party receiving Bids at the place designated for receipt of 6.2.1 The Owner shall, at the request of the Bidder to whom If Bids. Such notice shall be in writing over the signature of the award of a Contract is under consideration and no later than Bidder or by telegram; if by telegram, written confirmation seven days prior to the expiration of the time for withdrawal of over the signature of the Bidder shall be mailed and postmarked Bid furnish to the Bidder reasonable evidence that financial on or before the date and time set for receipt of Bids.A change arrangements have been made to fulfill the Owner's obligations shall be so worded as not to reveal the amount of the original under the Contract. Unless such reasonable evidence is fur- Bid. nished, the Bidder will not be required to execute the Agree- 4.4.3 Withdrawn Bids may be resubmitted up to the date and ment between the Owner and Contractor. r l time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 6.3 SUBMITTALS 4.4.4 Bid security, if required,shall be in an amount sufficient 6.3.1 The Bidder shall,as soon as practicable after notification f for the Bid as modified or resubmitted. of selection for the award of a Contract, furnish to the Owner I through the Architect in writing: .1 a designation of the Work to be performed with the ARTICLE 5 Bidder's own forces; CONSIDERATION OF BIDS .2 names of the manufacturers, products and the sup- pliers of principal items or systems of materials and 5.1 OPENING OF BIDS equipment proposed for the Work; and .3 names of persons or entities(including those who are 5.1.1 Unless stated otherwise in the Advertisement or Invita- to furnish materials or equipment fabricated to a tion to Bid, the properly identified Bids received on time will special design)proposed for the principal portions of be opened publicly and will be read aloud. An abstract of the the Work. Bids will be made available to Bidders.When it has been stated 6.3.2 The Bidder will be required to establish to the satisfac- that Bids will be opened privately,an abstract of the same infor- tion of the Architect and Owner the reliability and responsibil- mation may,at the discretion of the Owner,be made available to the Bidders within a reasonable time. ity of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents. 5.2 REJECTION OF BIDS 6.3.3 Prior to the award of the Contract, the Architect will i notify the Bidder in writing if either the Owner or Architect, 5.2.1 The Owner shall have the right to reject any or all Bids, after due investigation,has reasonable objection to a person or reject a Bid not accompanied by a required bid security or by entity proposed by the Bidder. if the Owner or Architect has other data required by the Bidding Documents, or reject a Bid reasonable objection to a proposed person or entity,the Bidder i which is in any way incomplete or irregular. may,at the Bidder's option,(1)withdraw the Bid,or(2)submit an acceptable substitute person or entity with an adjustment in 5.3 ACCEPTANCE OF BID(AWARD) the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the j 5.3.1 It is the intent of the Owner to award a Contract to the adjusted bid price or disqualify the Bidder. In the event of lowest responsible Bidder provided the Bid has been submitted either withdrawal or disqualification, bid security will not be in accordance with the requirements of the Bidding Documents forfeited. and does not exceed the funds available.The Owner shall have 6.3.4 Persons and entities proposed by the Bidder and to the right to waive informalities or irregularities in a Bid received whom the Owner and Architect have made no reasonable and to accept the Bid which,in the Owner's judgment,is in the objection must be used on the Work for which they were pro- Owner's own best interests. posed and shall not be changed except with the written con- 1 5.3.2 The Owner shall have the right to accept Alternates in sent of the Owner and Architect. any order or combination, unless otherwise specifically pro- vided in the Bidding Documents,and to determine the low Bid- der on the basis of the sum of the Base Bid and Alternates ac- ARTICLE 7 � cepted. PERFORMANCE BOND AND ARTICLE 6 PAYMENT BOND 7.1 BOND REQUIREMENTS POST-BID INFORMATION 7.1.1 If stipulated in,the Bidding Documents, the Bidder shall 6A CONTRACTOR'S QUALIFICATION STATEMENT furnish bonds covering the faithful performance of the Con- 6.1.1 Bidders to whom award of a Contract is under con- tract and payment of all obligations arising thereunder. Bonds l sideration shall submit to the Architect, upon request, a prop may be secured through the Bidder's usual sources. erly executed AIA Document A305, Contractor's Qualification 7.1.2 If the furnishing of such bonds is stipulated in the Bid- Statement, unless such a Statement has been previously ding Documents, the cost shall be included in the Bid. If the AIA DOCUMENT A701 •INSTRUCTIONS TO BIDDERS•FOURTH EDITION•AIA° •©1987•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A701-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. furnishing of such bonds is required after receipt of bids and 7.2.3 The bonds shall be dated on or after the date of the before execution of the Contract, the cost of such bonds shall Contract. be added to the Bid in determining the Contract Sum. 7.2.4 The Bidder shall require the attomey-in-fact who 7.1.3 If the Owner requires that bonds be secured from other executes the required bonds on behalf of the surety to affix than the Bidder's usual sources,changes in cost will be adjusted thereto a certified and current copy of the power of attorney. as provided in the Contract Documents. 7.2 TIME OF DELIVERY AND FORM OF BONDS ARTICLE 8 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution FORM OF AGREEMENT BETWEEN of the Contract. If the Work is to be commenced prior thereto OWNER AND CONTRACTOR in response to a letter of intent, the Bidder shall,prior to com- mencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in 8.1 FORM TO BE USED accordance with this Subparagraph 7.2.1. 7.2.2 Unless otherwise provided, the bonds shall be written 8.1.1 Unless otherwise required in the Bidding Documents, on AIA Document A312, Performance Bond and Payment the Agreement for the Work will be written on AIA Document Bond. Both bonds shall be written in the amount of the Con- A101, Standard Form of Agreement Between Owner and Con- tract Sum. tractor Where the Basis of Payment Is a Stipulated Sum. AIA DOCUMENT A701 •INSTRUCTIONS TO BIDDERS•FOURTH EDITION•AIA® •©1987•THE 5 A701-1987 AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. HALLER AND QUAKE MEMORIAL PARK ADA COMPLIANCE REMODEL JOB NO. 94331 SECTION 00300 BID FORM The City of Arlington 238 North Olympic Avenue Arlington, WA 98223 Gentlemen: Having carefully examined the General Conditions, Drawings and Specifications entitled Haller & Bill Quake Memorial Park ADA Compliance Remodel, dated July 5, 1994 and the Addenda (if any) numbered , as well as the premises and the^conditions affecting the Work, the Undersigned proposes to provide each unit of Work for the Stipulated Sums as follows : Applicable Washington State Sales Tax is not included in the bid and will be added to each progress payment request. BASE BID ($ 1 If the Undersigned is notified of the acceptance of this Bid within thirty calendar days of the time set for opening of the Bid, the Undersigned agrees to execute a Contract for the above Work for the above-stated compensation in the form of the Contract attached hereto and to commence Work within ten days after the execution thereof. The Undersigned agrees if awarded the Contract, to complete it within 60 calendar days for Substantial Completion with Final Completion 30 days thereafter from the date of Notice to Proceed. The major subcontractors to be used are: Concrete: Painting: Plumbing: Electrical : Bid Form Continued Very truly yours, Washington Contractors License No: Date: END OF DOCUMENT 00300 - 1 THE AMERICAN INSTITUTE OF ARCHITECTS ar\n AIA Document A310 SAmPLE Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) (Title) AIA DOCUMENT A310• BID BOND•AIA®• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. ATTACHMENT IV' i ICERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any -cooperative agreement, -anfd the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. l (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, . a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connect ion- this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Stadand Form—LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. ( 3 ) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers ( including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements ) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352 , title 31, U. S . Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10 ,00O and not more than $100 , 000 for each such failure. Page 1 of 4 Federal Register / Vol. 54. No. 243 / Wednesday, December 20, 1989 / Notices 52323 c DISCLOSURE OF LOBBYING ACTIVITIES Approved OMB f174&0046 � Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type. ❑ a. contract ❑ a. bid/o a. initial filing ffef/appucadon b. material change b. grant b. initial award For Material Change Only: C. cooperative agreement � �-�� d. ban Po year quarter e. loan guarantee date of last report f. loan insurance 4 Name and Address of Reporting Effiige S. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier ,if known: Congressional District,if known: Congressional District,if known: 6. Federal Department/Agency 7. Fedexal Program Name/Description: CFDA Number,if applicable: tt. Federal Action Number,if known: 9. Award Amount,if known: S - 10. a. Name and Address of lobbying Entity h Individuals Performing Servif:es(including address if frf individual, last name, first name,b 11 different from No. 10a1 Oast name,first name,MP: affsh C_onhnuation Sheets)SF-W-A d necessary) 11. Amount of Payment(check aft that apply►-. 13. Type of Payment fchedr all that apply): ❑ actual ❑ planned ❑ a. retainer ❑ b, one-time fee 12. Form of Payment (check all that apply): ❑ c. commission ❑ d. contingent fee ❑ a. cash ❑ e. deferred ❑ b. in-kind;specify: nature ❑ f. other;specify: value 14. Brief Description of Services Performed or to be Performed and Date(s)of Service,including officer(s),employee(s). or Member(s)contacted,for Payment Indicated in flea+11: ' attach Continuation Sheri s SF-LLL-,t.7 necesswyj 15. Continuation Sheet(s)SF-111-A attached: ❑Yes ❑ No 16. psAm.n Mon wqu.a W deouds tlra lone N audsnhad by Ode 71 u.s.c. Signature: "IC 17s7.This disdomm d 10bdrl^/WAW'6"L•eutWW r.p.r.nudon d tact upon v*,kh s.h—wY/laced by dw fd"8W �n dsu Print Name. tramaction,raa wads at asstaf.d trste.llsia dadowr.M ro I , ,Prwrst to 71 U.S.0 1757.TM Mdof.nnisn wo be s60snaill to dw Conper aaesr Vale: ` arsw+llr and.4 bs ae A&W b.tee"-w-r MI V� whD fair to II rd.w mind dhcbw-Oa b'"b4@0 u a da ysLfr d na k'dun Telephone No.: Date: S ro,000 and rM Leo..than SWOAW b oads welt fai,fw. �,� s:> Aullswieed la Local Reproduction I I Page 2 of 4 5L364 reueral xeglster / Vol. o4, No. 640 / weanesaay, Uecemoer ZU, 1969 / Notices t _11 a■ INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACnVIT1ES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 3! U.S.C. section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for nfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or Rt employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material charge report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the ' outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the approp^ate classification of this repot,. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name,if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number; grant announcement number, the contract, grant, or loan award number; the app!ication/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award'loan commitment for the prime entity identified in item 4 or 5. - { t 10. (a)Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. '> (b)Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name,and Middle Initial (MI). n 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the f' lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. .lf payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. _t 13. Check the appropriate box(es). Check all boxes that apply. If other,specify nature. `'' I 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to t perform, and the dates)of any services rendered. Include all preparatory and related activity, not just time spent in _ t actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), .,> .F employee(s),or Member(s)of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name,title,and telephone number. ` w Public reporting burden for this collection of information is estimated to average 30 mintues per response,including time for reviewing s; F instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of : information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046).Washington,D.C.20503. M Page 3 of 4 " Federal December 20 d d Register / Vol. 54, No. 243 / Wednesday, , 1989 / Notices 52325 s Approved by OMB DISCLOSURE OF LOBBYING ACTIVITIES 034B..0046 CONTINUATION SHEET Page of Reporting Entitr. i �I i i i �I �I Au0wdz d for LMA Reprodwdos I� slww"Form-ULA Page 4 of 4 �I I ,I I� Attachment 1 t CERTIFICATION OF NONSEGREGATED FACILITIES ---------------------------------------- The bidder certifies that s/he does not maintain or provide for her/his employees any segregated facilities at any of her/his establishments, and that s/he does not permit her/his employees to perform their services at any locations, under her/his control, where segregated facilities are maintained. The bidder certifies further that s/he will not maintain or provide for her/his employees any segregated facilities -at any of her/his establishments, and that s/he will not permit her/his employees to perform their services at any location under her/his control where segregated facilities are maintained. The bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segreated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The bidder agrees that, except where s/he has obtained identical certification from proposed subcontractors prior to the award of ubcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that s/he will retain such certifications in her/his files. NOTE: The penalty for making false statements in offers is prescribed in 18 USV 1001. DATE :--------------------- 19 (Name of Bidder ) By .......................... Official Address : Title ---------------------- ------------------------------ ----------------------------- (Name of Project) ------------------------- (City, State, Zip) ---------------------------------------- Must be included without alteration. MUET_ACCOMPANY_EACH_BID Attachment 2 N O N - C O L L U S I O N C E R T I F I C A T I O N STATE OF WASHINGTON ) SS. COUNTY OF ) of NAME TITLE being first duly sworn, on oath her/his COMPANY says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named: and s/he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to self an advantage over any other bidder or bidders. her/him Contractor cbp-6 T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S o ALA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM I 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted s in this document by reference. Do not use with other general conditions unless this document is modified. II This document has been approved and endorsed by The Associated General Contractors of America. I AGREEMENT made as of the day of in the year of Nineteen Hundred and BETWEEN the Owner: (Name and address) 1 I and the Contractor: (Name and address) The Project is: (Name and location) The Architect is: I (Name and address) The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue,N.W.,Washington,D.C.20006.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION•AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings, Specifications,addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured,and shall be the date of this Agreement,as first written above,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.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement.Also insert any requirements firr earlier Substantial Completion of cer- lain portions of the Work, if not slated elsou-here in the Contract Documents.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any+,for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT - TWELFTH EDITION-AIA® - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Dollars (S ), subject to additions and deductions as provided in the Con- rract 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 decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until u+iiich that amount is valid.) 1 4.3 Unit prices, if any, are as follows: r= L L� L AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION •AIA® • ©1987 ITHE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 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. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the day of a month,the Owner shall make payment to the Contractor not later than the day of the month.If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the 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 and 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. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. 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 total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %).Pending final determination of cost to the Owner of changes in the Work,amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 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 percent( %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to percent( %)of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 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 resulling front tlx 1wrcentews inserted in SubJxtra- grtt/ebs 5.6.1 and 5.6.2 above, and Ibis is not etvp1ained elsewhere in the Contract Lkxwr tents, insert here provisions fur such reduction or limitation.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION •AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW_,WASHINGTON,D.C.20006 A101-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. i ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when(1) I the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any,which necessarily survive final payment;and(2)a final Certificate for Payment has been issued by the Architect;such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: 9 Y I ARTICLE 7 I MISCELLANEOUS PROVISIONS ( 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) 1 . (Usury laws and requirements under the Federal Truth in Lending AU,similar state and local consumer credit laws and other regulations at the owner's and contractor's principal places of business.lbe location of the Project and elsewhere may allect the validity of Ibis provision.Legal advice should be obtained with respect to deletions or mod(ications, and also regarding requirements such as written disclosures or waivers,) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION• AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.200o6 A101-1987 5 I WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor,AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction,AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement,) Section Title Pages AIA DOCUMENT At01 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION •AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W.,WASHINGTON,D.C.200o6 A101-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. F 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date �r. I 9.1.6 The addenda, if any, are as follows: Number Date Pages I . l_ 1_ L j Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are Lalso enumerated in this Article 9. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION •AIA® • ©1987 L THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents, The General Conditions provide that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement.They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. OWNER CONTRACTOR (Signature) (Signature) (Printed name and title) (Printed name and title) AIA DOCUMENT At01 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N,W„WASHINGTON,D.C.200o6 A101-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. E f r e � i THE AMERICAN INSTITUTE OF ARCHITECTS 4 AIA Document A311 Performance Bond 1 KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, r (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. I WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for + (Here insert full name,address and description of project) l in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARYWO ED •THE AMERICAN INSTITUTE OF ARCHITECTS,1715 N Y AVE , N W_,WASHINGTON, D C. 20006 1 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price; to be in default under the Contract, the Owner having but not exceeding, including other costs and damages performed Owner's obligations thereunder, the Surety for which the Surety may be liable hereunder, the amount may promptly remedy the default, or shall promptly set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less 2) Obtain a bid or bids for completing the Contract in the amount properly paid by Owner to Contractor. accordance with Its terms and conditions, and upon de- Any suit under this bond must be instituted before termination by Surety of the lowest responsible bidder, the expiration of two (2) years from the date on which or, if the Owner elects, upon determination by the final payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. Signed and sealed this day of 19 r Princip.ih (Seal; (Witnm%) I Title) (Surely) Isca4 (Wilnes.) I TUr1 AIA DOCUMENT A311 • PERrORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA rEBRUARY 1970 EO.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 2 9APPLE THE AMERICAN INSTITUTE OF ARCHITECTS It,�11 AIA Document A311 I Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE j OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of (Here insert a sum equal to at least one-half of the contract price) Dollars ($ for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for (Here insert full name,address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON, D. C.20006 3 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,subject,however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified maili postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses c) Other than in a state court of competent jurisdiction of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the b an claimant: district in which the Project, or any part thereof, is sit- by y uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this day of 19 (Principal) (Seal) (Wilncss) (Till(-) (Surely) [seal) (Wiln(-ss) (Title) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA O A FEBRUARY 1970 ED •THE AMERICAN INSTITUTE OF ARCHITECTS,17:i.5 N Y.AVE.,N.W.,WASHINGTON,D. C.21x)06 `f HALLER AND QUAKE MEMORIAL PARK ADA COMPLIANCE REMODEL JOB NO. 94331 CONTRACT BOND CITY OF ARLINGTON KNOW ALL PERSONS BY THESE PRESENTS : That we, the undersigned as principal, and a 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 Arlington in the penal sum of $ for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington. DATED at , Washington, this day of 19 Nevertheless, the conditions of the above obligation are such that: WHEREAS, the City of Arlington has let or is about to let to the said bounded Principal, a certain contract, for (which contract is referred to herein and is made part hereof as though attached hereto) , and WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOW THEREFORE, if said Principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth within such extension 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 carrying on of said work, and shall indemnify and hold the City of Arlington harmless from any direct or indirect damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract within a period of one year after its acceptance thereof by the City of Arlington, then and in that event this obligation shall be void; but otherwise it shall be -and remain in full force and effect . Approved: City of Arlington Principal Title. - 1 HALLER AND QUAKE MEMORIAL PARK CONTRACT BOND ADA COMPLIANCE REMODEL JOB NO. 94331 Approved as to form: For the Surety Name: Title: Address : - 2 Attachment 11 CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE 1. In accordance with RCW 60.28 .010, I hereby elect to have the retained percentage of this contract held in a fund by the Owner until sixty (60) days following final acceptance of the work. Date Signed 2 . I hereby elect to have the retained percentage placed in escrow with a bank or trust company by the Owner until sixty (60) days after the final acceptance of said improvement or work as completed under contract with the escrow holder in form acceptable to the Owner. The Owner does not provide an escrow form for this purpose. An escrow form can be acquired from a bank or an escrow company. Date Signed I hereby designate As the repository for the escrow of said funds. I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute. The Owner shall not be liable in any way for any costs or fees in connection therewith. This agreement is subject to all applicable provisions of Chapter 60.28 RCW. Date Signed cbp-9 rll/93 i i �� I ,, M T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S s`•. a � AIA Document A201 General Conditions of the Contract I for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1 1987 EDITION fTABLE OF ARTICLES l 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY 13. MISCELLANEOUS PROVISIONS SEPARATE CONTRACTORS 14. TERMINATION OR SUSPENSION OF THE _ 7. CHANGES IN THE WORK CONTRACT 1 . I This document has been approved and endorsed by the Associated General Contractors of America. { Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1966, 1967, 1970, 1976,©1987 by The American Institute of Architects, 1735 111 New York Avenue,N.W.,Washington,D,C.,20006.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W,WASHINGTON,D.C.20006 A201-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. INDEX' Acceptance of Nonconforming Work . . . . . . . . . 9.6.6,9.9.3,12.3 .Building Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7.1 Acceptance of Work .. . . . . . . . . . 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 Capitalization. . . . . . . . . . . . . . . . . ... . . .... . .. .... .. . ... 1.4 Access to Work.... . . . . . . . . . . •.••. . . . . . . . . 3.16,6.2.1,12.1 Certificate of Substantial Completion . . . . . . . . . . . . . . . . . . . . 9.8.2 Accident Prevention. . . ... . .... . . . . .... . ... . ... . . . 4.2.3,10 Certificates for Payment. .... . . 4.2.5,4.2.9,9.3.3,9.4,9.5,9,6.1, Acts and Omissions . 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 4,3.9, 8.3.1' 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Certificates of Inspection,Testing or Approval . . ... 3.12.11, 13.5.4 Addenda .. ... . ... ... . . ... . . ... . . . . . . ... .... . . 1.1.1,3.11 Certificates of Insurance . . . . .. .. . ... . . . . .. 9.3.2,9.10.2, 11.1.3 Additional Cost,Claims for . ... ... . . 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 Change Orders.. . . . . 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.3,5.2.3, Additional Inspections and Testing.. . . . . . 4.2.6,9.8.2, 12.2.1,13.5 7.1,7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2, Additional Time,Claims for... . . . . . . . . .. 4.3.6,4.3.8,4.3.9,8.3.2 11.3.4, 11.3.9, 12.1.2 ADMINISTRATION OF THE CONTRACT . ..... . 3.3.3.4,9.4,9.5 Change Orders,Definition of.... . . .......... . . . . ..... . 7.2.1 Advertisement or Invitation to Bid . . . . . . . .. ..... . . ...... 1.1.1 Changes. . . . . . . . . . . . . . . . . . .. . ..... . . . ... ...... . . ... 7.1 Aesthetic Effect.... .... . . ... . . . . . . . ... . . .. . .. . 4.2.13,4.5.1 CHANGES IN THE WORK . .. . 3.11,4.2.8,7,8.3.1,9.3.1.1, 10.1.3 Allowances . . . . 3.8 Claim,Definition of. . . . . ... . . . . . . . .... . . •... .. ..... . 4.3.1 All-risk Insurance. . ... . . .... . . . . . . .. . . . ... . . ... . .. 11.3.1.1 Claims and Disputes . . . . . . . . . . . 4.3,4.4,4.5,6.2.5,8.3.2, Applications for Payment . . 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, 9.3.1.2, 9.3.3, 9,10.4, 10.1.4 9.8.3, 9.10.1, 9.10.3, 9.10.4, 1 1.1.3, 14.2.4 Claims and Timely Assertion of Claims . . . . . . ..... . . . . . 4.5.6 Approvals . . .. 2.4,3.3.3,3.5,3.10.2,3,12.4 through 3.12.8,3.18.3, Claims for Additional Cost . . . . . . . 4.3.6,4.3.7.4.3.9,6.1.1, 10.3 4.2.7, 9.3.2, 1 1.3.1.4, 13.4.2, 13.5 Claims for Additional Time. .. . . . . . . . . . 4.3.6,4.3.8,4.3.9,8.3.2 Arbitration ..... .... . . ... . . 4.1.4,4.3.2,4.3.4,4.4.4,4.5, Claims for Concealed or Unknown Conditions.. . . . ...... 4.3.6 8.3.1, 10.1.2, 11.3.9, 11.3.10 Claims for Damages. . .3.18, 4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, 10.1.4 Architect . . . . . . .... . . ... . .. . . .. . ...... .. . .... . 4.1 Claims Subject to Arbitration........ . ....,,.. 4.3.2,4.4.4,4.5.1 Architect,Definition of. . . . . . . . . . . . . . . . . . . . . . . ... . . . . . 4.1.1 Cleaning Up .... .. ... . . . . . . ..... . . ...... . . . . . . . 3.15,63 Architect,Extent of Authority. . . . . . . . 2.4,3.12.6,4.2,4.3.2,4.3.6, Commencement of Statutory Limitation Period . . . . . . .... 13.7 4.4, 5.2,6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 9.2, 9.3.1, Commencement of the Work,Conditions Relating to . . . . . . . 2.1.2, 9.4, 9.5, 9.6.3,9.8.2,9.8.3,9.10.1,9.103, 12.1, 12.2.1, 2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1, 13.5.1. 13.5.2, 14.2.2, 14.2.4 6.2.2, 8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Architect,Limitations of Authority and Responsibility . 3.3.3,3.12.8, Commencement of the Work,Definition of..... . ...... . . . 8.1.2 3.12.11, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, Communications Facilitating Contract 4.2.13, 4.3.2, 5.2.1, 7.4, 9.4.2, 9.6.4,9.6.6 Administration . . . . . . . . . . . . . . .... • ..... 3.9.1,4.2.4,5.2.1 Architect's Additional Services and Expenses ... . ... ... 2.4,9.8.2, Completion,Conditions Relating to . . . . . .. 3.1 1,3.15,4.2.2,4.2.9, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.1 4,3.2, 9.4.2, 9.8, 9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1 Architect's Administration of the Contract.. ... . . . . . 4.2,4.3.6, COMPLETION,PAYMENTS AND... . .. ... . .. .. . . ....• . . . 9 4.3.7, 4.4, 9.4,9.5 Completion,Substantial,. . . . .... 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, Architect's Approvals 2.4,3.5.1,3.10,2,3.12.6,3.12.8,3.18.3,4.2.7 9.8, 9.9.1, 12.2.2, 13.7 Architect's Authority to Reject Work. . . . 3.5.1,4.2.6, 12.1.2,12.2.1 Compliance with Laws . . . . 1.3,3.6,3.7,3.13,4.1.1, 10.2.2, 11.1, Architect's Copyright . . . . . . 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Concealed or Unknown Conditions.. . . ... . . . ..... . ...... . 4.3.6 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, Conditions of the Contract ..... . . . .. . . .. . .. . 1,1.1, 1.1.7,6.1,1 9.2, 9.4,9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Consent,Written . . . . ... . . .. .... . . . 1.3.1,3.12.8,3.14.2,4.1.2, Architect's Inspections .,.. ... ... . 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2,9.9.1, 9.10.2, 9.10.3,10.1.2, 10.1.3, 9.9.2, 9.10.1, 13.5 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Architect's Instructions.. 4.2.6,4.2.7,4.2.8,4,3.7,7.4.1,12.1,13.5.2 CONSTRUCTION BY OWNER OR BY SEPARATE Architect's Interpretations. . . . . ... .... . ... . 4.2.11,4.2.12,4.3.7 CONTRACTORS . . . . . . . .. .. . . ..... . . . . . . . .... 1,1.4,6 Architect's On-Site Observations 4.2.2,4.2.5,4.3.6,9.4.2, Construction Change Directive,Definition of. ... . . ... .. . . . 7.3.1 9.5.1, 9.10.1, 13.5 Construction Change Directives . ... 1.1.1,4.2.8,7.1,7.3,9.3.1.1 Architect's Project Representative . . . . . . . . . . ... . . . . . . . 4.2.10 Construction Schedules,Contractor's . .. . . . . . . . . . . . . 3.10,6.1.3 Architect's Relationship with Contractor . . , . . . . 1.1.2,3.2.1,3.2.2, Contingent Assignment of Subcontracts 5.4 3.3.3, 3.5.1.3.7.3,3.11.3.12.8, 3.12.11, 3,16, 3.18, 4.2.3, 4.2.4, Continuing Contract Performance . . . . . . .. . . . .. . . ..... 4.3.4 4.2,6, 4.2.12, 5.2,6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Contract,Definition of.. . . . . . . . . . .. .. . . . .... . . .... . ., 1.1.2 Architect's Relationship with Subcontractors. . . . 1.1.2,4.2.3,4.2.4, CONTRACT, TERMINATION OR 4.2.6, 9.6.3, 9.6.4, 1 1.3.7 SUSPENSION OF THE . . . . . .... . ...... ,, 4.3.7,5.4.1.1,14 Architect's Representations. . . . . ... . . . . • • . 9.4.2,9.5.1,9.10.1 Contract Administration . . . . . . . . . . . . . . . . . . . . . 3.3.3,4,9.4,9.5 Architect's Site Visits . . . . . . . . 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, Contract Award and Execution,Conditions Relating to . . . - . . 3.7.1, 9.8:2, 9.9.2, 9.10.1, 13.5 3.10, 5.2, 9.2, 11.1.3, 11.3,6, 11.4.1 Asbestos .. . .... . ..... . . .... .. ... ... . . .... . . ..... .. 10.1 Contract Documents,The .. . . ..... . . .. . . . . .... . . 1.1, 1.2,7 Attornevs'Fees ... . ..... . . . .... . .. . . . .. 3.18.1,9.10.2, 10.1.4 Contract Documents,Copies Furnished and Use of. . . 1.3,2.2.5,5.3 Award of Separate Contracts.. . . ... . . . .. . . .. . .. .. . . . . .. 6.1.1 Contract Documents,Definition of .. . . . . . .. ...... . .... . 1.1.1 Award of Subcontracts and Other Contracts for Contract Performance During Arbitration. .. .... . . ... 4.3.4,4.5.3 Portions of the Work .. . . . .. . ... . . . .. . . . . ... . ... . . . 5.2 Contract Sum . . ..... . . ... . . ... . . 3.8,4.3.6,4.3.7,4.4.4,5.2.3, Basic Definitions. . . ... . . . . .... ... . . . .... . ..... . ..... 1.1 6.1.3, 7.2, 7.3,9.1, 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Bidding Requirements. . . . . . . . ... ..... 1.1.1,1.1.7,5.2.1,11,4.1 ContrwtSum,Definition of. . . . . . . .. . . . . . . . . . . . .... . . . . . 9.1 Boiler and Machinery Insurance .. ... ... . . . ... . . . . . . . 11.3.2 Contract Time . . . . . . . . . . . . . . . . . 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, Bonds,Lien . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . .. . ..... 9.10.2 8.2.1, 8.3.1, 9,7, 12.1.1 Bonds,Performance and Payment.,... 7.3.6.4.9.10.3, 1 1.3.9,11.4 Contract Time,Definition of.. .... ... ... . . . .. ... ... . . AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 2 A201-1987 AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW..WASHINGTON,D,C,20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. CONTRACTOR . . . . .... . . . . . . . . . . . . . . ... . . . ... .. . . . . . . 3 Emergencies . . ... . .... . ...... . . ..... .... .. ... 4.3.7,10.3 Contractor,Definition of . . . . . .... . . . . . . . . . . . . . . . . 3.1,6.1.2 Employees,Contractor's . . . ,.. .. .. 3.3.2,3.4.2,3.8,1,3.9,3.18.1, Contractor's Bid. . . . .. . . . . . . . .. . .. . .... . . . . . . . . . . .. . 1.1.1 3.18.2, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 r- Contractor's Construction Schedules . . . . . . .. . .. . . 3.10,6.1.3 Equipment,Labor,Materials and . . .. . . . .. . 1,1.3, 1.1.6,3,4,3.5.1, Contractor's Employees . . . . . . . 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3, 3.8.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1,4.2.7, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 6.2.1, 1,.3.6, 9.3.2, 9.3.3, 11.3, 12.2.4, 14 Contractor's Liability Insurance............... . . . . • • • . 11.1 Execution and Progress of the Work .. . .. . . 1.1.3, 1.2.3,3 2,3.4.1, Contractor's Relationship with Separate Contractors 3.5.1, 4.2.2, 4.2,3, 4.3.4, 4.3.8, 6.2.2., 7.1.3, and Owner's Forces . . . . . . 2.2.6,3.12.5,3.14.2,4.2.4,6,12.2.5 7.3.9, 8.2, 8.3, 9.5, 9.9.1, 10.2, 14.2. 14.3 Contractor's Relationship with Subcontractors . . . . . . . 1.2.4,3.3.2, Execution, Correlation and Intent of the 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contract Documents . . . . . . . . . . . . . . . .. . . .. . . . . . 1.2,3.7.1 Contractor's Relationship with the Architect 1.1.2,3.2.1,3.2.2, Extensions of Time ...... .. ... .. 4.3.1,4.3.8,7.2.1.3,8.3, 10.3.1 r 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.8 3.16, 3.18, 4.2.3, 4.2.4, 4.2.6, Failure of Payment by Contractor r` : ,. ,. ,;; . .; . 95.1.3, 14,2.1.2 4.2.12, 5.2, 6,2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Failure of Payment by Owner , 4.3.7,9.7, 14.1.3 Contractor's Representations. . 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Faulty Work(See Defective or Nonconforming Work) Contractor's Responsibility for Those Final Completion and Final Payment . , ... . . 4.2.1,4.2.9,4.3.21 Performing the Work . . ...,. ....• .• • • . 3.3.2,3,111,4.23,10 4.3.5,9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Contractor's Review of Contract Documents . .. . .. 1.2.2,3.2,3.7.3 Financial Arrangements,Owner's. ,... .... .. ,. ..... . . . . . 2.2.1 Contractor's Right to Stop the Work . . • 9.7 Fire and Extended Coverage Insurance . 11.3 Contractor's Right to Terminate the Contract . .. ..... . . . . . . 14.1 GENERAL PROVISIONS.... ...... .. . . . ..... ... . . ....... 1 Contractor's Submittals ,,. ,. . . 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, Governing Law .. 1 7.3,6, 9.2, 9.3.1., 9.8.2,9.9.1, 9.10.2, . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. .. 9.10.3, 10.1.2, 11.4.2, 11.4.3 Guarantees(See Warranty and Warranties) Contractor's Superintendent . 3.9,10.2.6 Hazardous Materials. . . . .. . . . .. . . . . . . . . . . . . .. . . . 10.1, 10.2.4 Contractor's Supervision and Construction Procedures.,... , 1.2A, Identification of Contract Documents . ... . . . . . . . . . . . . . .. 1.2.1 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Identification of Subcontractors and Suppliers ..... ........ 5.2.1 Contractual Liability Insurance. . .. . . ... . . . . . . . . 11.1.1.7,11.2.1 Indemnification ....... 3.17,3.18,9.10.2, 10.1.4, 11.3.1.2, 11.3.7 Coordination and Correlation . 1.2.2,1.2.4,3.3.1, Information and Services Required of the Owner. . . . . 2,1.2,2.2, 3.10, 3.12.7, 6.1.3, 6.2.1 4.3A, 6.1.3, 6.1.4,6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2, Copies Furnished of Drawings and Specifications ... 1.3,2.2.5,3.11 9.10.3, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2 Correction of Work ... . . . . . . . . . . . . . . . . . . 2.3,2.4,4.2.1,9.8.2, Injury or Damage to Person or Property . .... . , .. .,.. ,. . 4.3.9 1 9.9.1, 12.1.2, 12,,2, 13.7.1.3 Inspections... .. . .. .. . . . . . . . . . . . . . .. 3.3.3,3.3.4,3.?.1,4.2.2, Cost,Definition of . 7.3.6, 14.3.5 4.2.6, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2,9.1'0.1, 13.5 Costs ,. 2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.3.6,4.3.7,4.3.8.1,5.2.3, Instructions to Bidders.. . . . . . . . . . .. . . . ... .. . . .. ...... 1.1.1 6.1,1,6.2.3,6.3,7.3.3,3,7.3.6,7.3.7,9.7,9.8.2,9.10.2,11.3.1.2, Instructions to the Contractor. . .. 3.8.1,4.2.8,5.2.1,7, 12.1, 13.5.2 11.3.1.3,11.3.4,11.3.9,12.1, 12.2.1, 12.2,4, 12.2.5, 13.5,14 Insurance. . . .. . . 43.9,6,1,1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2, 11 Cutting and Patching...... . . . .. . . . . . . . . . . . . . . . . 3.14,6.2,6 Insurance,Boiler and Machinery . 11.3.2 Damage to Construction of Owner or Separate Contractors 3.14.2, Insurance,Contractor's Liability .. .. . . . ............... 11.1 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Insurance,Effective Date of . . ... . . . .. . . .. . . . . . . . 8.2.2, 1 1.1.2 Damage to the Work , ,,,, 3.14.2,9.9.1, 10.2.1.2,10.2.5, 10.3, 11,3 Insurance,Loss of Use... . . . . . . . . . .. . ... . .......... 1 1.3.3 Damages,Claims for . . 3,18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4 Insurance,Owner's Liability. . ,,.. .......... ... . ...... 11.2 Damages for Delayy. ... . . . . . . . . . . . . . . . . 6.1.1,8.3.3,9.5.1.6,9.7 Insurance,Property. . . . . . ........ .. . . . . . . . . ,. 10.2.5,11.3 Date of Commencement of the Work,Definition of. . . . . . . . . 8.1.2 Insurance,Stored Materials .,.. . ,. . ... ,. . .,., ,, 9.3.2, 1 1.3.1.4 Date of Substantial Completion,Definition of. . . . .. ..... ,., 8.1.3 INSURANCE AND BONDS . 11 I Day,Definition of,.,,,....• .. . . . ,. .... . . . . . . . . . . . . . • 8.1.4 Insurance Companies,Consent to Partial Occupancy ,.9.9.1, 1 1.3.1 1 11 Decisions of the Architect. . . . . . 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Insurance Companies,Settlement with. . ,... . . . . . ,. . . . . 1 1.3.10 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1,9.2, Intent of the Contract Documents . . ,,,,,,,,,,,, ,, 1.2.3,3.12.4, 9.4, 9.5.1, 9.8.2,9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 4.2.6, 4.2.7, 4.2.12, 4.2.13, 7.4 Decisions to Withhold Certification .. .. ...... 9.5,9.7, 14.1.1.3 Interest.... ...... .. .. . .. . . . . ... . . ... . .. . . . ... ... . . 13.6 I Defective or Nonconforming Work,Acceptance, lRejection and Correction of . . . . . . . . . ,. . 2.3,2,4,3.5.1,4.2.1, Interpretation,,. . . . . . 1.2.5, 1.4,1.5,4.1.1,4,3,1,5.1,6,1.2,8.1,4 4.2,6, 4.3.5, 9.5.2,9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3 Interpretations,Written 4.2,11,4.2.12,4.3.7 Defective Work,Definition of ,.... .,. . . . . . . . . . ,. 3.5.1 Joinder and Consolidation of Claims Required .. . . . . . . . . . . . 4.5.6 I Definitions..... . 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, Judgment on Final Award . . . . . . . . . ..... .. 4.5.1,4.5.4.1,4.5.7 4.3.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.1,9.1, 9.8.1 Labor and Materials,Equipment . . ,. I.1.3, 1.1.6,3.4,3.5.1,3.8.2, Delays and Extensions of Time . . . . . . .. . . 4.3-1,4.3.8.1,4.3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 6.1.1, 6.2.3, 7.2.1, 7.3.1, 7.3,4, 7.3.5, 7.3.8, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 7.3.9, 8.1.1,8.3, 10.3.1, 14.1.1.4 Labor Disputes . . . . . . . . .. ... .. . .. .. . . ..... . . . . . . . . .. 8.3,1 Iy Disputes ... . . .. . . . . . 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2 Laws and Regulations , I.3,3.6,3.7,3.13,4.1.1,4.5.5,4.5.7, lDocuments and Samples at the Site . 3.11 9.9.1, 10.2.2, 11.1, 1 1.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6 Drawings,Definition of . . . ,. ,. . .. . . . .... ..... . . . ...,, 1.1.5 Liens ...... .. . . . . . .. . . . 2.1.2,4.3.2,4.3.5.1,8.2.2,9.3.3,9.10.2 Drawings and Specifications,Use and Ownership of,. . ., I.1.1, 1.3, Limitation on Consolidation or Joinder . . . . . . ,,. ,... . . . 4.5.5 2.2.5, 3.11, 5.3 Limitations,Statutes of ._ _ 4.5.4.2,12.2.6, 13.7 Duty to Review Contract Documents and Field Conditions..... 3.2 Limitations of Authority. . . .... . ..... ..... . . 3.3,1,4.1.2,4.2.1, Effective Date of Insurance . . . . . . . . . . . . . . . . . . . ... 8.2.2, 11,1,2 4.2.3, 4.2.7, 4.2.10, 5.2.2, 5.2.4, 7.4, 11.3.10 f AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W„WASHINGTON,D.C.20006 A201-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Limitations of Liabilityy ... . . 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11, Owner's Right to Perform Construction and to 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12,6.2.2,9.4.2,9.6.4, 9.10.4, Award Separate Contracts . . . ... ......... 6.1 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2 Owner's Right to Stop the Work. . . . . 2.3,4.3.7 Owner's Right to Suspend the Work . ............ . .... . . . 14.3 Limitations of Time,General 2.2.1,2.2.4,3.2.1,3.7.3, Owner's Right to Terminate the Contract . .. . . ... . . ... .... 14.2 3.8.2, 3,10, 3.12.5, 3.15.1, 4.2.1, 4.2.7, 4.2.11, 4.3.2, Ownership and Use of Architect's Drawings, Specifications 4.3.3, 4.3.4,4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 5.2.3, 6.2A, 7.3.4, 7.4, and Other Documents.. .. ...... . . .... 1.1.1,1.3 2.2.5,> 8.2, 9.5, 9.6.2, 9.8, 9 9,9.10, 11.1.3, 11.3.1, 11.3.2, 11.3.5, Partial Occupancy or Use . . . . . ......... 9.6.6,9.9, 1 1.t.3,.1 I 1 1 11.3.6, 12.2.1, 12,2.2, 13.5, 13.7 Patching,Cutting and . _ . . . Limitations of Time.Specific .., ...... 2.1.2,2.2.1,2.4,3.10,3.1 1, Patents,Royalties and ....... 3.17 . . . . ...... .......... . 3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, Payment,Applications for _ . ......., .... . . =i,25.9.2,9.3,9.-4, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 9.5.1, 9.8.3, 9.10.1. 9.10.3, 9.10.4, 14?.4 11.3,10, 11_3.11, 12.2.2, 12.2.4, 12,2.6, 13.7, 14 Payment,Certificates for ... ... . . ... 4.2.5,4.2,9,9.3.3,9.4,9.5, Loss of Use Insurance ...... ...... . . ... .• • • • • •... 11.3.3 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 1-4.1.1.3, ]4,2.-1 Material Suppliers .. . ... .... . . . . 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1, Payment,Failure of... . . . . . . . ............. ... 4.3.7,9.5.1-3, 9.3.1, 9.3.1.2, 9.3.3, 9.4.2, 9.6.5, 9.10.4 9.7, 9.10.2, 14,L.1.3, 14,2,1? Materials,Hazardous .. . . . ..., . . . . ., ... . . . ...... 10.1,10.2.4 Payment,Final .. . . . . . 4 2 1,4 2 9,4.3.2,4.3.5,9.10, 11.1.2, Materials,Labor,Equipment and . . ,.. 1.1.3, 1.1.6,3.4,3.5.1,3.8.2, 1 1.1.3, 11.3.5, 12.3.1 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, Payment Bond,Performance Bond and 7.3.6A, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 9.10.3, 11.3.9, 11.4 Means, Methods, Techniques, Sequences and Payments,Progress . . _ 4.3.4,9.3,9.6, Procedures of Construction . . . . . .. . . . 3.3.1,4.2.3,4.2.7,9.4.2 9.8.3, 9.10.3, 13.6, 14.2.3 Minor Changes in the Work. ... . .. . ,. 1.1.1,4.2.8,4.3.7,7.1,7.4 PAYMENTS AND COMPLETION . . .. . ............. .. 9, 14 MISCELLANEOUS PROVISIONS ... . . .. ... ....... . . ..... 13 Payments to Subcontractors . ................ .. . 5.-4.2,9.5.1.3, Modifications,Definition of ........ . . .. . . . ... . .. ...... 1.1.1 9.6.2, 9.6,3, 9.6,4, 11.3.8, 14.2.1.2 Modifications to the Contract . .. ........ 1.1,1, 1.1.2,3.7.3,3.11, PCB... . . . ......... ...... ... . . ........ ...... . ..... I ll,1 4.1.2, 4.2.1, 5.2.3, 7, 8,3,1, 9.� Performance Bond and Payment Bond.... ...... . ...... 7.3.6.4, Mutual Responsibility . . . . .. . . . .. . . . . . . . . .. . I....... . . 6.2 9.10.3, 11.3.9, 1].-1 Nonconforming Work,Acceptance of . . . ...... ..... . ... 12.3 Permits,Fees and Notices ..... . . 2,1,3.7,3.1 3,7.3.0.-1, 10.2.2 Nonconforming Work,Rejection and Correction of ...... .. 2.3.1, PERSONS AND PROPERTY,PROTECTION OF ...... ... . .. 10 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3 Polychlorinated Biphenyl .. . . - . . . . . ... . ........... 10.1 Notice.. .. . . ...... . 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, Product Data,Definition of- _ ',.12.2 3.12,9, 3,1 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4,1,1, 8?.2, 9.4.11 Product Data and Samples,Shop Drawings 3.11,3.12,4.2.- 9.5.1, 9.6.1, 9.7, 9,10, 10.1,2, 10.2.6, 11.1.3, 11.3, 12.2.2, Progress and Completion . . . . . . . . . . . . . -4.2.2,-1 3.-1,8.2 12.2.4, 13.3, 13.5.1, 13.5.2, ]4 Progress Payments .. . . . . 4 3-4,9 3, Notice,Written . ...... ........ 2.3,2.4,3.9,3.12.8,3.12.9,4.3, 9.6, 983,9 10.3, 13 6, 1-1 2 3 4.4.4, 4.5, 5.2.1, 5.3, 5.4,1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, Project,Definition of the. .......... .. .. . . . . . . . 1.1.4 10.1.2, 10?.6, 11.1,3, 1 1.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Project Manual,Definition of the . . . . 1.1.7 Notice of Testing and Inspections ........ . ....... 13.5.1, 13.5.2 Project Manuals ....... . . . . . , .. . ... .. ... . . ... .. .. . . 2 2 5 Notice to Proceed. . . . . ....... . . . . . ... ... . ......... .. 8.2.2 Project Representatives .. ............. .... . . ... . . . . . 4?.10 Notices,Permits,Fees and .. . ... 2.2.3,3.7,3.13,7.3.6.-i, 10?2 Property Insurance . . . .. . .. . .. . . . ... . ........ 10.2.5,11.3 Observations,Architect's On-Site .. . .. . . . .......... 4.2.2,4.2.5, PROTECTION OF PERSONS AND PROPERTY.. . ..... . . . . . 10 4.3.6, 9.4.2, 9.5.1, 9.10.1, 135 Regulations and Laws .. . ......... 1.3,3.6,3.7,3.13,4.1.1,45.5, Observations,Contractor's..... . . . . ......... . . ... 1.2.2,3.2.2 4.5.7, 10.2.2, I]A, 11.3, ]3.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Occupancy... .. ...... ....... ... .. . . 9.6.6,9.8.1,9.9, 1 1.3.1 1 Rejection of Work .. ...... ...... ...... ..... 3.5.1,4.2.6, 12.2 On-Site Inspections by the Architect .. ... .. . . . 4.2.2,4.2.9,4.3.6, Releases of Waivers and Licns......... . . ... . . ......... 9.10? 9.4.2, 9.8.2, 9.9.2, 9.10.1 Representations ........ ... . . ... . ..... ... 1?.2,3.5.1,3.12.7, On-Sire Observations by the Arcllilecl ... . .. ... 4.2.2,4'.5,4.3.6, 6 2.2, 8 2 1. 9.3 3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 9.4.2. 9.5.1, 9.10.1, 13.5 Representatives........ . . .... .............. 2.1.1,3.1.1,3.9, Orders,Written . ........... 2.3,3 9,4.3.7,7,8.2.2, 11.3.9, 12.1, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1,2, 13.2.1 12.2, 13.5.2, 14.3.1 Resolution of Claims and Disputes ............... . . . 4.4,4.5 OWNER...... . . . . . .. .... . . . . . . . .... . . . . . ..... ... . ... 2 Responsibility for Those Performing the Work ............ 3.3.21 4.2.3, 6.1.3, 6.2, 10 Owner,Definition of ... . . .............. .... . .. . ...... 2.1 Retainage . . . 9.3.1,9.6.2,9.8,3,9.9.1.9.10.2,9.10.3 Owner,Information and Services Required of the. . . . . . .. 2.1.2, Review of Contract Documents and Field 2.2, 4.3.4, 6, 9, 10.1.4, 11.2, 11.3, 13.5.1, 14.1.15, 14,1.3 Conditions by Contractor. . . . 1.2.2,3.2,3.7.3,3.1 2.7 Ov,'ner's Authority. . .. . .... . 3.8.1,4.1.3,4.2.9,5.2.1,5?.4,5.-4.1, Review of Contractor's Submittals by ..3.1, 8.2.2, 9.3.1, 9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1 Owner and Architect - 3.10.1,3.10.2,3.11,3.12, Owner's Financial Capabilityy....... . ... ...... .. 2.2.1, 14.1.1.5 4.2.7, 4.2.9, 5.2.1, 5?.3, 9.2, 9.8.2 Owner's Liability Insurance .. . . . ....... ... . . . ...... . . 11.2 Review of Shop Drawings, Product Data Owner's Loss Of Use Insurance......... . .. . ...... .. . . . 1 1.3.3 and Samples by Contractor. ................ ..... . . 3.12.5 Owner's Relationship with Subcontractors .... . .......... 1.1.2, Rights and Remedies .. ... .... I... 1.1.2,2.3,2.4,3.5.1,3.15.2, 5.2.1, 5.4.1, 9.6.4 4.2.6, 4.3.6, 45, 5.3, 6.1, 6.3, 7.3.1, 8,3.1, 9.5.1, 9.7, 10.2.5, Owner's Right to Carry Out the Work..... , . . 2.4,12.2.4, 14.2.2.2 10-3, 12.2.2, 12.2.4, 13.4, 14 Owner's Right to Clean Up .... . . . . . . . . .. .... .......... 6.3 Royalties and Patents.. . . . . .... ... . . ......... .... ... 3.17 AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION-FOURTEENTH EDITION 4 A201-1987 AIAO -©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D,C,20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Rules and Notices for Arbitration . . . . . . . . . .. . . .. . . . . . . 4.5.2 Suspension by the Owner for Convenience . . . ..... . .. . . 14.3 Safety of Persons and Property . . . . . . . . ... . . . . . . . .. . . . 10.2 Suspension of the Work .. . ,. . . .. .... 4.3.7,5.4.2. 14,1.1.4, 14.3 Safety Precautions and Programs . . . . . . . .... 4.2.3,4.2.7,10.1 Suspension or Termination of the Contract . . . . . . v,3.7,5.4.1.1, 14 Samples,Definition of . . . . . . . . . . . . . . . . . . . . . .. . . .. . . 3.12.3 Taxes . . ... . . . . .. . ,. .... .. . .. . . ...... , ... . . . 3.6,7.3.6.4 Samples,Shop Drawings,Product Data and . . . 3.11,3.12,4.2.7 Termination by the Contractor . .... . . . . .. . . . . ....... .. 14.1 Samples at the Site,Documents and . .... . . . ... . . . . . . .. 3.11 Termination by the Owner for Cause. . . . . . . ..... . 9.4.1.1,14.2 Schedule of Values . . . ... . . . . .. . ... . . . . . .. . . . . . . 9.2,9.3.1 Termination of the Architect . . ,.. ... ... ... ..• .. . . ... . . 4.1.3 Schedules,Construction . . . . . .... . .. . . . ... . • . . . . . .. 3,10 Termination of the Contractor . .. . ......• . • . . . . .. ... ,. 14.2 2 1r Separate Contracts and Contractors . . . . . . .. . . 1.1.4,3.14.2,4.2.4, TERMINATION OR SUSPENSION OF THE CONTRACT . . . . . . 14 ( . 4.5.5,6, 11.3.7, 12.1.2, 12.2.5 Tests and Inspections . . . . . 3.3.3,4.2.6,4.2.9,9.4.2,12.2.1,13.5 Shop Drawings,Definition of. .. . . . . . . . . .. .. . . . . . . . . . . 3.12.1 TIME . . .. . . .. . . . . .. . ... . ... . . . • . . . . . ..... . .. . . • . . • . 8 Shop Drawings,Product Data and Samples . . . , 3.11,3.12,4.2.7 Time,Delays and Extensions of . ........... . • 4.3.8,7.2.1,8.3 Site,Use of. .... . . . . . .• . .. . . . . . . ... . . . .. . 3.13,6.1.1,6.2.1 Time Limits,Specific . . . . . .... 2.1.2,2.2.1,2.4,3.10,3.1 1,3.15.1, Site Inspections . . .1.2.2,3.3.4,4.2.2,4.2.9,4.3.6,9.8.2,9.10.1, 13.5 4,2,1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3,5, 7.3.9, 8.2, 9.2, 9.3.1, Site Visits,Architect's .. . ,. ..... . . . . . . . 4.2.2,4.2.5,4,Z.9,4.3.6, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1,3, 11.3.6, 11.3.10, 9.4.2, 9.5.1, 9.8.2,9.9.2, 9.10.1, 13.5 11.3.11, 12.2.2, 12,2,4, 12.2.6, 13.7, 14 Special Inspections and Testing .... . . . . . . . ... 4.2.6,12.2.1, 13.5 Time Limits on Claims. . . . . .. .. 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5 Specifications,Definition of the. . . . . . . . . . . . . . . . . . . . . . . 1.1.6 Title to Work . . .. . . .. ..... . . . . • .... .... .. : . 9.3.2,9.3.3 Specifications,The . . . . . . . . . . 1.1.1,1.1.6, 1,1.7, 1.2.4, 1.3,3.11 UNCOVERING AND CORRECTION OF WORK . 12 Statutes of Limitations .. . . . . . .. . . . . .. . . • . . 4.5.4.2,12.2.6, 13.7 Uncovering of Work ,. . . . . ,. . 12.1 . . . . . . . ... Stopping the Work. . ....... . . . . 2.3,4,3.7,9.7,10.1.21 10.3, 14.1 Unforeseen Conditions ......• • • • • • • • • • .. . . . 4.3.6,8.3.1, 10.1 Stored Materials .. .. • . . .. :6.2.1,9.3.2,10.2.1.2,11.3.1.4, 12.2.4 Unit Prices .: .... ..... ,.. . ....• ••• • .. • • 7,1.4,11.3.3.2 Subcontractor,Definition of. . 5.1.1 Use of Documents . 1.1.1,1.3,2.2.5,3.12.' 5.3 SUBCONTRACTORS 5 Use of Site 3.13,6.1.1,6.2.1 Subcontractors,Work by. . . . . . . . ... . . . . . . . 1.2.4,3.3.2,3.12.1, Values,Schedule of . . . . .... . . . . . . . . . . . . . ... .... 9.2,9,3.1 4.2.3, 5.3, 5.4 Waiver of Claims:Final Payment. . . . . . . . . . . 4.3.5,4.5.1,9.10.3 ( Subeontraetual Relations. ,. . . . . . . . ,,-.. 5.3,5.4,9.3.1.2,9.6.2, Waiver of Claims by the Architect,.... ...• . • • • • . • • • • ... 13.4.2 I 9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.3.2 Waiver of Claims by the Contractor.. . .. . . . . 9.10.4, 1 1.3.7, 13.4.2 Submittals . . ..,. . . . 1,3,3.2.3,3.10,3.11,3.12,4.2.7,5.2.1,5,2.3, Waiver of Claims by the Owner . . . ... ........ 4.3.5,4.5.1,9.9.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.1.3 9.10.3, 11.3.3, 11.3.5, 1 1.3.7, 13.4.2 r Subrogation,Waivers of..... . . . . . . . . ... 6.1.1, 11.3.5,11.3.7 Waiver of Liens. . ,. . ... . . . . . . . ... ,.........,. . .... 9.10.2 Substantial Completion. . ,. ,... ..... 4.2.9,4.3.5.2,8.1.1,8.1.3, Waivers of Subrogation. . . . ....... . . . . . . . . 6.1.1, 11.3.5, 1 1.3.7 8.2.3,9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Warranty and Warranties. . . . . . . . . . . . ... .,. ,.,. .. . 3.5,4.2.9, Substantial Completion,Definition of. . . . . . . . ..... .. . ,. . . 9.8.1 4.3.5.3,9.3.3, 9.8.2, 9.9.1, 12,2.2, 13.7.1.3 Substitution of Subcontractors ..... . . . . . • • . . . . .. .. 5.2.3,5.2.4 Weather Delays . ... . . . . . . . . . .. ... ........ . . . . . . .. 4.3.8.2 Substitution of the Architect... . . . . . . . . . . . .. ....... . . . . 4.1.3 When Arbitration May Be Demanded . . . . . . . . . . . . . . . .. . 4.5.4 - Substitutions of Materials . . . . . ., .., , , .. . . . . . ....... 3.5.1 Work,Definition of . . . . . . . . . . . . . . . .. . . . .. ..... . . . ... 1.1.3 Sub-subcontractor,Definition of . . . . .. . .......... . .. . . . 5.1.2 Written Consent .. . . . . . . . ..... 1.3.1,3.12.8,3.14.21 4.1.2,4.3.4, Subsurface Conditions . .. . . .. . ....... ... .. .. . . . . . .... 4.3.6 4.5,5, 9.3.2, 9.8.2, 9.9.1,9.10.2, 9.10.3, 10.1.2, 10-1.3, Successors and Assigns . . . . . . ... ... ........ . . . . . . 13.2 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Superintendent . . . . . . . . .. .. . . . . . . . . . .. . .. .• . 3.9, 10.2.6 Written Interpretations .. . . .. . . . ... .. ... ,. 4.2,1 1,4.2.12,4.3.7 Supervision and Construction Procedures . 1.2.4,3.3,3.4, Written Notice 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4, 4.2.3, 4.3.4, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2,9.4.1, 9.5.1,9.7, 9.10, 10.1.2, Surety ,..... .. 4.4.1,4.4.4.5.4.1.2,9,10;,9,10.3, 14.2.2 10.2.6, 1 1.1.3, 11.3, 12,2,2, 12.2.4, 13.3, 13.5.2, 14 Surveys...Consent of . . . .... . . . . . . . . . . . . . 9.9.1,9.10.2,9.10.3 Written Orders. . . . . . . . . . . . ....... ... . . . . .. .. 2.3,3.9,4.3.7, Surat�,Consentof. . . . . . .....• .• 2.2.2,3,18.3 7, 8.2.2, 1 1.3 9, 12,1, 12.2, 13.5.2, 14.3.1 l_ AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N,W„WASHINGTON,D.C.20006 A201-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 ment, construction systems, standards and workmanship for the Work, and performance of related services. GENERAL PROVISIONS 1.1.7 THE PROJECT MANUAL 1.1 BASIC DEFINITIONS The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample 1.1.1 THE CONTRACT DOCUMENTS forms, Conditions of the Contract and Specifications. The Contract Documents consist of the Agreement between 1.2 EXECUTION, CORRELATION AND INTENT Owner and Contractor(hereinafter the Agreement),Conditions of the Contract(General,Supplementary and other Conditions), 1.2.1 The Contract Documents shall be signed by the Owner Drawings, Specifications, addenda issued prior to execution of and Contractor as provided in the Agreement. If either the the Contract, other documents listed in the Agreement and Owner or Contractor or both do not sign all the Contract Modifications issued after execution of the Contract. A Modifi- Documents, the Architect shall identify such unsigned Docu- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change menu upon request. Directive or(4)a written order for a minor change in the Work 1.2.2 Execution of the Contract by the Contractor is a repre- issued by the Architect. Unless specifically enumerated in the sentation that the Contractor has visited the site, become famil- Agreement, the Contract Documents do not include other iar with local conditions under which the Work is to be per- documents such as bidding requirements (advertisement or formed and correlated personal observations with require- invitation to bid, Instructions to Bidders, sample forms, the ments of the Contract Documents. Contractor's bid or portions of addenda relating to bidding requirements). 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the 1.1.2 THE CONTRACT Work by the Contractor.The Contract Documents are comple- The Contract Documents form the Contract for Construction. mentary, and what is required by one shall be as binding as if The Contract represents the entire and integrated agreement required by all; performance by the Contractor shall be between the parties hereto and supersedes prior negotiations, required only to the extent consistent with the Contract Docu- representations or agreements,either written or oral. The Con- ments and reasonably inferable from them as being necessary tract may be amended or modified only by a Modification. The to produce the intended results. Contract Documents shall not be construed to create a contrac tual relationship of any kind(1)between the Architect and Con- 1.2.4 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not control the tractor, (2) between the Owner and a Subcontractor or Sub subcontractor or(3)between any persons or entities other than Contractor in dividing the Work among Subcontractors or in the Owner and Contractor. The Architect shall, however, be establishing the extent of Work to be performed by any trade. entitled to performance and enforcement of obligations under 1.2.5 Unless otherwise stated in the Contract Documents, the Contract intended to facilitate performance of the words which have well-known technical or construction indus- Architect's duties. try meanings are used in the Contract Documents in accord- 1.1.3 THE WORK ante with such recognized meanings. The term "Work" means the construction and services 1.3 OWNERSHIP AND USE OF ARCHITECT'S required by the Contract Documents, whether completed or DRAWINGS, SPECIFICATIONS AND OTHER partially completed, and includes all other labor, materials, DOCUMENTS equipment and services provided or to be provided by the 1.3.1 The Drawings, Specifications and other documents Contractor to fulfill the Contractor's obligations. The Work prepared by the Architect are instruments of the Architect's may constitute the whole or a part of the Project. service through which the Work to be executed by the Con- 1.1.4 THE PROJECT tractor is described. The Contractor may retain one contract The Project is the total construction of which the Work per- record set. Neither the Contractor nor any Subcontractor, Sub- formed under the Contract Documents may be the whole or a subcontractor or material or equipment supplier shall own or part and which may include construction by the Owner or by claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise separate contractors. indicated the Architect shall be deemed the author of them and 1.1.5 THE DRAWINGS will retain all common law,statutory and other reserved rights, The Drawings are the graphic and pictorial portions of the Con- in addition to the copyright. All copies of them, except the tract Documents, wherever located and whenever issued, Contractor's record set,shall be returned or suitably accounted showing the design, location and dimensions of the Work, for to the Architect,on request,upon completion of the Work. generally including plans, elevations, sections, details, sched- The Drawings, Specifications and other documents prepared ules and diagrams. by the Architect, and copies thereof furnished to the Contrac- tor,are for use solely with respect to this Project. They are not 1.1.6 THE SPECIFICATIONS to be. used by the Contractor or any Subcontractor, Sub- The Specifications are that portion of the Contract Documents subcontractor or material or equipment supplier on other proj- consisting of the written requirements for materials, equip- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 6 A201-1987 AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Work without the specific written consent of the Owner and ments and charges required for construction,use or occupancy Architect. The Contractor, Subcontractors, Sub-subcontractors of permanent structures or for permanent changes in existing and material or equipment suppliers are granted a limited facilities. license to use and reproduce applicable portions of the Draw 2.2.4 Information or services under the Owner's control shall ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their be furnished by the Owner with reasonable promptness to Work under the Contract Documents. All copies made under avoid delay in orderly progress of the Work, this license shall bear the statutory copyright notice, if any, 2.2.5 Unless otherwise provided in the Contract Documents, shown on the Drawings, Specifications and other documents the Contractor will be furnished, free of charge, Such copies of prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- Drawings and Project Manuals as are reasonably necessary for nection with this Project is not to be construed as publication execution of the Work. in derogation of the Architect's copyright or other reserved 2.2.6 The foregoing are in addition to other duties and respon- rights. sibilities of the Owner enumerated herein and especially those _ 1.4 CAPITALIZATION in respect to Article 6(Construction by Owner or by Separate 1.4.1 Terms capitalized in these General Conditions include Contractors), Article 9(Payments and Completion)and Article those which are (1) specifically defined, (2) the titles of num- I (Insurance and Bonds). bered articles and identified references to Paragraphs, Subpara- 2.3 OWNER'S RIGHT TO STOP THE WORK _ graphs and Clauses in the document or (3) the titles of other 2.3.1 If the Contractor fails to correct Work which is not in documents published by the American Institute of Architects. accordance with the requirements of the Contract Documents 1.5 INTERPRETATION as required by Paragraph 12.2 or persistently fails to carry out 1.5.1 In the interest of brevity the Contract Documents fre- Work in accordance with the Contract Documents,the Owner, r quently omit modifying words such as"all"and"any"and arti- by written order signed personally or by an agent specifically so Icles such as "the" and "an," but the fact that a modifier or an empowered by the Owner in writing, may order the Contrac- article is absent from one statement and appears in another is for to stop the Work,or any portion thereof,until the cause for not intended to affect the interpretation of either statement. such order has been eliminated; however, the right of the f Owner to stop the Work shall not give rise to a duty on the part I of the Owner to exercise this right for the benefit of the Con- ARTICLE 2 tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. { OWNER 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK I2.1 DEFINITION 2.4.1 If the Contractor defaults or neglects to carry Out the 2.1.1 The Owner is the person or entity identified as such in Work in accordance with the Contract Documents and fails the Agreement and is referred to throughout the Contract within a seven-day period after receipt of written notice from C' Documents as if singular in number.The term ''Owner" means the Owner to continence and continue correction of such the Owner or the Owner's authorized representative. default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second 2.1.2 The Owner upon reasonable written request shall furnish written notice to correct such deficiencies within a second to the Contractor in writing information which is necessary and seven-day period. If the Contractor within such second seven- relevant for the Contractor to evaluate, give notice of or day period after receipt Of Such second notice fails to com- enforce mechanic's lien rights. Such information shall include a mence and continue to correct any deficiencies, the Owner correct statement of the record legal title to the property on may, without prejudice to other remedies the Owner may ( which the Project is located,usually referred to as the site,and have, correct such deficiencies. In such case an appropriate Il the Owner's interest therein at the time of execution of the Change Order shall be issued deducting from payments then or Agreement and, within five days after any change, information thereafter due the Contractor the cost of correcting such defi- of such change in title, recorded or unrecorded. ciencies, including compensation for the Architect's additional services and expenses matte necessary by such default, neglect i 2.2 INFORMATION AND SERVICES or failure. Such action by the Owner and amounts charged to REQUIRED OF THE OWNER the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not 2.2.1 The Owner shall, at the request of the Contractor, prior sufficient to cover such amounts, the Contractor shall pay the to execution of the Agreement and promptly from time to time difference to the Owner. thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract.[Note: Unless such reasonable ARTICLE 3 evidence were furnished on request prior to the execution of the Agreement, the prospective contractor would not be CONTRACTOR required to execute the Agreement or to commence the Work.] 2.2.2 The Owner shall furnish surveys describing physical 3.1 DEFINITION characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract 2.2.3 Except for permits and fees which are the responsibility Documents as if singular in rlumher. The term "Contractor" of the Contractor under the Contract Documents, the Owner means the Contractor or the Contractor's authorized shall secure and pay for necessary approvals,easements,assess- representative. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 3.2 REVIEW OF CONTRACT DOCUMENTS AND 3.5 WARRANTY FIELD CONDITIONS BY CONTRACTOR 3.5.1 The Contractor warrants to the Owner and Architect that 3.2.1 The Contractor shall carefully study and compare the materials and equipment furnished under the Contract will be Contract Documents with each other and with information of good quality and new unless otherwise required or permit- furnished by the Owner pursuant to Subparagraph 2.2.2 and ted by the Contract Documents, that the Work will be free shall at once report to the Architect errors, inconsistencies or from defects not inherent in the quality required or permitted, omissions discovered. The Contractor shall not be liable to the and that the Work will conform with the requirements of the Owner or Architect for damage resulting from errors,inconsis- Contract Documents. Work not conforming to these require- tencies or omissions in the Contract Documents unless the meats, including substitutions not properly approved and Contractor recognized such error, inconsistency or omission authorized, may be considered defective. The Contractor's and knowingly failed to report it to the Architect. If the Con- warranty excludes remedy for damage or defect caused by tractor performs any construction activity knowing it involves abuse,modifications not executed by the Contractor,improper a recognized error, inconsistency or omission in the Contract or insufficient maintenance, improper operation, or normal Documents without such notice to the Architect, the Contrac- wear and tear under normal usage.If required by the Architect, for shall assume appropriate responsibility for such perfor- the Contractor shall furnish satisfactory evidence as to the kind mance and shall bear an appropriate amount of the attributable and quality of materials and equipment. costs for correction. 3.6 TAXES 3.2.2 The Contractor shall take field measurements and verify 3.6.1 The Contractor shall pay sales,consumer,use and similar field conditions and shall carefully compare such field mea- taxes for the Work or portions thereof provided by the Con- surements and conditions and other information known to the tractor which are legally enacted when bids are received or Contractor with the Contract Documents before commencing negotiations concluded, whether or not yet effective or merely activities. Errors, inconsistencies or omissions discovered shall scheduled to go into effect. be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance 3.7 PERMITS, FEES AND NOTICES with the Contract Documents and submittals approved pur- 3.7.1 Unless otherwise provided in the Contract Documents, suant to Paragraph 3.12. the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES necessary for proper execution and completion of the Work 3.3.1 The Contractor shall supervise and direct the Work, which are customarily secured after execution of the Contract using the Contractor's best skill and attention.The Contractor and which are legally required when bids are received or nego- shall be solely responsible for and have control over construe nations concluded. tion means, methods, techniques, sequences and procedures 3.7.2 The Contractor shall comply with and give notices and for coordinating all portions of the Work under the Con- required by lams, ordinances, rules, regulations and lawful tract, unless Contract Documents give other specific instruc- orders of public authorities bearing on performance of the tions concerning these matters. Work. 3.3.2 The Contractor shall be responsible to the Owner for acts 3.7.3 It is not the Contractor's responsibility to ascertain that and omissions of the Contractor's employees, Subcontractors the Contract Documents are in accordance with applicable and their agents and employees, and other persons performing laws,statutes,ordinances,building codes,and rules and regula- portions of the Work under a contract with the Contractor. tions. However, if the Contractor observes that portions of the 3.3.3 The Contractor shall not be relieved of obligations to per- Contract Documents are at variance therewith, the Contractor form the Work in accordance with the Contract Documents shall promptly notify the Architect and Owner in writing, and either by activities or duties of the Architect in the Architect's necessary changes shall be accomplished by appropriate MDdificalion. administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the 3.7.4 If the Contractor performs Work knowing it to be con- Contractor. trary to laws,statutes,ordinances,building codes,and rules and 3.3.4 The Contractor shall be responsible for inspection of por- regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work bons of Work already performed under this Contract to deter- and shall bear the attributable costs. mine that such portions are in proper condition to receive sub sequent Work. 3.8 ALLOWANCES 3.4 LABOR AND MATERIALS 3.8.1 The Contractor shall include in the Contract Sum all 3.4.1 Unless otherwise provided in the Contract Documents, allowances stated in the Contract Documents. Items covered the Contractor shall provide and pay for labor,materials,equip- by allowances shall be supplied for such amounts and by such ment, tools, construction equipment and machinery, water, persons or entities as the Owner may direct,but the Contractor heat, utilities, transportation, and other facilities and services shall not be required to employ persons or entities against which the Contractor makes reasonable objection. necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- 3.8.2 Unless otherwise provided in the Contract Documents: rated or to be incorporated in the Work. .1 materials and equipment under an allowance shall be 3.4.2 The Contractor shall enforce strict discipline and good selected promptly by the Owner to avoid delay in the order among the Contractor's employees and other persons Work; carrying out the Contract. The Contractor shall not permit .2 allowances shall cover the cost to the Contractor of employment of unfit persons or persons not skilled in tasks materials and equipment delivered at the site and all assigned to them. required taxes, less applicable trade discounts; AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 8 A201-1987 AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W„WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. l� ( - .3 Contractor's costs for unloading and handling at the which submittals are required the way the Contractor proposes site, labor, installation costs, overhead, profit and to conform to the information given and the design concept other expenses contemplated for stated allowance expressed in the Contract Documents. Review by the Architect amounts shall be included in the Contract Sum and is subject to the limitations of Subparagraph 4.2.7. 11 not in the allowances; ` .4 whenever costs are more than or less than allowances, 3.12.5 The Contractor shall review,approve and submit to the Architect Shop Drawings, Product Data, Samples and similar the Contract Sum shall be adjusted accordingly by submittals required by the Contract Documents with reason- Change Order.The amount of the Change Order shall able promptness and in such sequence as to cause no delay in reflect(1)the difference between actual costs and the the Work or in the activities of the Owner or of separate con- allowances under Clause 3.8.2.2 and (2) changes in tractors. Submittals made by the Contractor which are not Contractor's costs under Clause 3.8.2.3. required by the Contract Documents may be returned without I 3.9 SUPERINTENDENT action. 3.9.1 The Contractor shall employ a competent superinten- 3.12.6 The Contractor shall perform no portion of the Work dent and necessary assistants who shall be in attendance at the requiring submittal and review of Shop Drawings, Product ( Project site during performance of the Work. The superinten- Data, Samples or similar submittals until the respective submit- dent shall represent the Contractor,and communications given tal has been approved by the Architect.Such Work shall be in to the superintendent shall be as binding as if given to the Con- accordance with approved submittals. tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on 3.12.7 By approving and submitting Shop Drawings, Product written request in each case. Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES measurements and field construction criteria related thereto, or 3.10.1 The Contractor,promptly after being awarded the Con- will do so, and has checked and coordinated the information I tract, shall prepare and submit for the Owner's and Architect's contained within such submittals with the requirements of the information a Contractor's construction schedule for the Work. Work and of the Contract Documents. The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as 3.12.8 The Contractor shall not be relieved of responsibility I required by the conditions of the Work and Project, shall be for deviations from requirements of the Contract Documents related to the entire Project to the extent required by the Con- by the Architect's approval of Shop Drawings, Product Data, tract Documents, and shall provide for expeditious and practi- Samples or similar submittals unless the Contractor has cable execution of the Work. specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written ll 3.10.2 The Contractor shall prepare and keep current, for the approval to the specific deviation. The Contractor shall not be Architect's approval, a schedule of submittals which is coordi- relieved of responsibility for errors or omissions in Shop Draw- nated with the Contractor's construction schedule and allows ings, Product Data, Samples or similar submittals by the Archi- the Architect reasonable time to review submittals. tect's approval thereof. 3.10.3 The Contractor shall conform to the most recent 3.12.9 The Contractor shall direct specific attention,in writing schedules. or on resubmitted Shop Drawings, Product Data, Samples or I 3.11 DOCUMENTS AND SAMPLES AT THE SITE similar submittals, to revisions other than those requested by It 3.11.1 The Contractor shall maintain at the site for the Owner the Architect on previous submittals. one record copy of the Drawings, Specifications, addenda, 3.12.10 Informational submittals upon which the Architect is Change Orders and other Modifications, in good order and not expected to take responsive action may be so identified in marked currently to record changes and selections made during the Contract Documents. construction, and in addition approved Shop Drawings, Prod- 3.12.11 When professional certification of performance criteria uct Data, Samples and similar required submittals. These shall of materials,systems or equipment is required by the Contract be available to the Architect and shall be delivered to the Archi- Documents, the Architect shall be entitled to rely upon the tect for submittal to the Owner upon completion of the Work. accuracy and completeness of such calculations and certifi- 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES cations. 3.12.1 Shop Drawings are drawings, diagrams, schedules and 3.13 USE OF SITE other data specially prepared for the Work by the Contractor or 3.13.1 The Contractor shall confine operations at the site to a Subcontractor, Sub-subcontractor, manufacturer, supplier or areas permitted by law, ordinances, permits and the Contract distributor to illustrate some portion of the Work. Documents and shall not unreasonably encumber the site with 3.12.2 Product Data are illustrations, standard schedules, per- materials or equipment. formance charts, instructions, brochures, diagrams and other 3.14 CUTTING AND PATCHING t information furnished by the Contractor to illustrate materials 3.14.1 The Contractor shall be responsible for cutting, fitting or equipment for some portion of the Work. or patching required to complete the Work or to make its parts 3.12.3 Samples are physical examples which illustrate fit together properly. I materials, equipment or workmanship and establish standards 3.14.2 The Contractor shall not damage or endanger a portion by which the Work will be judged. of the Work or fully or partially completed construction of the 3.12.4 Shop Drawings, Product Data, Samples and similar sub- Owner or separate contractors by cutting, patching or other- mittals are not C^*ttract Documents. The purpose of their sub- wise altering such construction,or by excavation.The Contrac- mittal is to demonstrate for those portions of the Work for for shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W.,WASHINGTON,D C 20006 A201-1987 9 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Owner or a separate contractor except with written consent of tect's consultants, and agents and employees of any of them the Owner and of such separate contractor;such consent shall arising out of(1)the preparation or approval of maps,drawings, not be unreasonably withheld. The Contractor shall not unrea- opinions,reports,surveys,Change Orders,designs or specifica- sonably withhold from the Owner or a separate contractor the tions, or (2) the giving of or the failure to give directions or Contractor's consent to cutting or otherwise altering the Work. instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or 3.15 CLEANING UP failure to give is the primary cause of the injury or damage. 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the ARTICLE 4 Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction ADMINISTRATION OF THE CONTRACT equipment, machinery and surplus materials. 4.1 ARCHITECT 3.15.2 If the Contractor fails to clean up as provided in the 4.1.1 The Architect is the person lawfully licensed to practice Contract Documents, the Owner may do so and the cost architecture or an entity lawfully practicing architecture iden- thereof shall be charged to the Contractor. tified as such in the Agreement and is referred to throughout 3.16 ACCESS TO WORK the Contract Documents as if singular in number. The term 3.16.1 The Contractor shall provide the Owner and Architect "Architect'' means the Architect or the Architect's authorized access to the Work in preparation and progress wherever representative. located. 4.1.2 Duties, responsibilities and limitations of authority of the 3.17 ROYALTIES AND PATENTS Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the 3.17.1 The Contractor shall pay all royalties and license fees. Owner, Contractor and Architect. Consent shall not be unrea- The Contractor shall defend suits or claims for infringement of sonably withheld. patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for 4.1.3 In case of termination of employment of the Architect, such defense or loss when a particular design,process or prod- the Owner shall appoint an architect against whom the Con- uct of a particular manufacturer or manufacturers is required by tractor makes no reasonable objection and whose status under the Contract Documents. However, if the Contractor has rea- the Contract Documents shall be that of the former architect. son to believe that the required design,process or product is an 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 infringement of a patent,the Contractor shall be responsible for shall be subject to arbitration. such loss unless such information is promptly furnished to the Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 3.18 INDEMNIFICATION 4.2.1 The Architect will provide administration of the Contract 3.18.1 To the fullest extent permitted by law, the Contractor as described in the Contract Documents, and will be the shall indemnify and hold harmless the Owner,Architect,Archi- Owner's representative (1) during construction, (2) until final tecr's consultants, and agents and employees of any of them payment is due and (3) with the Owner's concurrence, from from and against claims, damages, losses and expenses,includ- time to time during the correction period described in Para- ing but not limited to attorneys' fees,arising out of or resulting graph 12.2. The Architect will advise and consult with the from performance of the Work,provided that such claim,dam- Owner.The Architect will have authority to act on behalf of the age, loss or expense is attributable to bodily injury, sickness, Owner only to the extent provided in the Contract Documents, disease or death,or to injury to or destruction of tangible prop- unless otherwise modified by written instrument in accordance erty(other than the Work itself)including loss of use resulting with other provisions of the Contract. therefrom,but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor,a Subcontractor, 4.2.2 The Architect will visit the site at intervals appropriate to anyone directly or indirectly employed by them or anyone for the stage of construction to become generally familiar with the whose acts they may be liable, regardless of whether or not progress and quality of the completed Work and to determine such claim, damage,loss or expense is caused in part by a party in general if the Work is being performed in a manner indicat- indemnified hereunder. Such obligation shall not be construed ing that the Work,when completed,will be in accordance with to negate, abridge, or reduce other rights or obligations of the Contract Documents. However, the Architect will not be indemnity which would otherwise exist as to a party or person required to make exhaustive or continuous on-site inspections described in this Paragraph 3.18. to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the 3.18.2 In claims against any person or entity indemnified Owner informed of progress of the Work,and will endeavor to under this Paragraph 3.18 by an employee of the Contractor, a guard the Owner against defects and deficiencies in the Work. Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifiea- 4.2.3 The Architect will not have control over or charge of and tion obligation under this Paragraph 3.18 shall not be limited by will not be responsible for construction means, methods, a limitation on amount or type of damages, compensation Of techniques, sequences or procedures, or for safety precautions benefits payable by or for the Contractor or a Subcontractor and programs in connection with the Work, since these are under workers' or workmen's compensation acts, disability solely the Contractor's responsibility as provided in Paragraph benefit acts or other employee benefit acts. 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract 3.18.3 The obligations of the Contractor under this Paragraph Documents.The Architect will not have control over or charge 3.18 shall not extend to the liability of the Architect, the Archi- of and will not be responsible for acts or omissions of the Con- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 10 A201-1987 AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W,WASHINGTON,D C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. l tractor,Subcontractors,or their agents or employees,or of any out the Architect's responsibilities at the site. The duties, other persons performing portions of the Work. responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- 4.2.4 Communications Facilitating Contract Administra- rated in the Contract Documents. tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- 4.2.11 The Architect will interpret and decide matters concern- rized, the Owner and Contractor shall endeavor to communi- ing performance under and requirements of the Contract cate through the Architect. Communications by and with the Documents on written request of either the Owner or Contrac- Architect's consultants shall be through the Architect. Commu- tor. The Architect's response to such requests will be made nications by and with Subcontractors and material suppliers with reasonable promptness and within any time limits agreed shall be through the Contractor. Communications by and with upon. If no agreement is made concerning the time within separate contractors shall be through the Owner. which interpretations required of the Architect shall be fur- y4.2.5 Based on the Architect's observations and evaluations of nished in compliance with this Paragraph 4.2, then delay shall ( the Contractor's Applications for Payment, the Architect will not be recognized on account of failure by the Architect to fur- review and certify the amounts due the Contractor and will nish such interpretations until 15 days after written request is issue Certificates for Payment in such amounts. made for them. l 4.2.6 The Architect will have authority to reject Work which 4.2.12 Interpretations and decisions of the Architect will be does not conform to the Contract Documents. Whenever the consistent with the intent of and reasonably inferable from the Architect considers it necessary or advisable for implementa- Contract Documents and will be in writing or in the form of ( tion of the intent of the Contract Documents,the Architect will drawings.When making such interpretations and decisions,the IJ have authority to require additional inspection or testing of the Architect will endeavor to secure faithful perforntance by both Work in accordance with Subparagraphs 13.5.2 and 13.5.3, Owner and Contractor, will not shove partiality to either and whether or not such Work is fabricated,installed or completed. will not be liable for results of interpretations or decisions so ( However, neither this authority of the Architect nor a decision rendered in good faith. I made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the tect to the Contractor,Subcontractors,material and equipment ( Contract Documents. suppliers, their agents or employees,or other persons perform I ing portions of the Work. 4.3 CLAIMS AND DISPUTES 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as 4.3.1 Definition. A Claim is a demand or assertion by one of I Shop Drawings, Product Data and Samples, but only for the the parties seeking, as a matter of right,adjustment or interpre- tlimited purpose of checking for conformance with information tation of Contract terms, payment of money,extension of time given and the design concept expressed in the Contract Docu- or other relief with respect to the terms of the Contract. The ments. The Architect's action will be taken with such reason- term "Claim" also includes other disputes and matters in ques- able promptness as to cause no delay in the Work or in the tion between the Owner and Contractor arising out of or relat- activities of the Owner, Contractor or separate contractors, ing to the Contract. Claims must be made by written notice. while allowing sufficient time in the Architect's professional The responsibility to substantiate Claims shall rest with the judgment to permit adequate review.Review of such submittals party making the Claim. is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and 4.3.2 Decision of Architect. Claims, including those alleging quantities, or for substantiating instructions for installation or an error or omission by the Architect, shall be referred initially performance of equipment or systems,all of which remain the to the Architect for action as provided in Paragraph 4.4.A deci- responsibility of the Contractor as required by the Contract sion by the Architect, as provided in Subparagraph 4.4.4, shall Documents.The Architect's review of the Contractor's submit- be required as a condition precedent to arbitration or litigation tals shall not relieve the Contractor of the obligations under of a Claim between the Contractor and Owner as to all such Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not matters arising prior to the date final payment is due,regardless constitute approval of safety precautions or, unless otherwise of(1)whether such matters relate to execution and progress of specifically stated by the Architect, of any construction means, the Work or(2) the extent to which the Work has been com- methods,techniques,sequences or procedures.The Architect's pleted. The decision by the Architect in response to a Claim approval of a specific item shall not indicate approval of an shall not be a condition precedent to arbitration or litigation in ( assembly Of which the item is a component. the event(1)the position of Architect is vacant,(2)the Architect I has not received evidence or has failed to render a decision ` 4.2.8 The Architect will prepare Change Orders and Construe- within agreed time limits, (3) the Architect has failed to take tion Change Directives, and may authorize minor changes in action required under Subparagraph 4.4.4 within 30 days after the Work as provided in Paragraph 7A, the Claim is made, (4) 45 days have passed after the Claim has 4.2.9 The Architect will conduct inspections to determine the been referred to the Architect or (5) the Claim relates to a date or dates of Substantial Completion and the date of final mechanic's lien. completion, will receive and forward to the Owner for the 4.3.3 Time Limits on Claims. Claims by either party must be Owner's review and records written warranties and related ly documents required by the Contract and assembled by the made within 21 days after occurrence c the event giving rise to es Contractor, and will issue a final Certificate for Payment upon such Claim or within 21 days after the claimant first recognizes the condition giving rise the Claim,whichever is later.Claims compliance with the requirements of the Contract Documents. must be made by written notice. An additional Claim made I4.2.10 If the Owner and Architect agree,the Architect will pro- after the initial Claim has been implemented by Change Order l vide one or more project representatives to assist in carrying will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION IAIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N,W.,WASHINGTON,D C 20oo6 A201-1987 11 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 4.3.4 Continuing Contract Performance. Pending final reso- substantiating that weather conditions were abnormal for the lution of a Claim including arbitration, unless otherwise agreed period of time and could not have been reasonably anticipated, in writing the Contractor shall proceed diligently with perfor- and that weather conditions had an adverse effect on the mance of the Contract and the Owner shall continue to make scheduled construction. payments in accordance with the Contract Documents. 4.3.9 Injury or Damage to Person or Property. If either party 4.3.5 Waiver of Claims: Final Payment. The making of final to the Contract suffers injury or damage to person or property payment shall constitute a waiver of Claims by the Owner because of an act or omission of the other party, of any of the except those arising from: other party's employees or agents, or of others for whose acts .1 liens, Claims, security interests or encumbrances aris- such party is legally liable, written notice of such injury or ing out of the Contract and unsettled; damage, whether or not insured, shall be given to the other .2 failure of the Work to comply with the requirements party within a reasonable time not exceeding 21 days after first of the Contract Documents; or observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- .3 terms of special warranties required by the Contract tional cost or time related to this Claim is to be asserted,it shall Documents. be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.3.6 Claims for Concealed or Unknown Conditions. If con- 4.4 RESOLUTION OF CLAIMS AND DISPUTES ditions are encountered at the site which are(1)subsurface or otherwise concealed physical conditions which differ materi- 4.4.1 The Architect will review Claims and take one or more of ally from those indicated in the Contract Documents or (2) the following preliminary actions within ten days of receipt of a unknown physical conditions of an unusual nature, which dif- Claim:(1)request additional supporting data from the claimant, fer materially from those ordinarily found to exist and generally (2)submit a schedule to the parties indicating when the Archi- recognized as inherent in construction activities of the tect expects to take action, (3) reject the Claim in whole or in character provided for in the Contract Documents,then notice part, stating reasons for rejection, (4) recommend approval of by the observing party shall be given to the other party the Claim by the other party or(5)suggest a compromise.The promptly before conditions are disturbed and in no event later Architect may also, but is not obligated to, notify the surety, if than 21 days after first observance of the conditions.The Archi- any, of the nature and amount of the Claim. tect will promptly investigate such conditions and,if they differ materially and cause an increase or decrease in the Contractor's 4.4.2 If a Claim has been resolved, the Architect will prepare or cost of, or time required for, performance of any part of the obtain appropriate documentation. Work,will recommend an equitable adjustment in the Contract 4.4.3 If a Claim has not been resolved, the party making the Sum or Contract Time,or both. If the Architect determines that Claim shall, within ten days after the Architect's preliminary the conditions at the site are not materially different from those response, take one or more of the following actions:(1)submit indicated in the Contract Documents and that no change in the additional supporting data requested by the Architect, (2) terms of the Contract is justified, the Architect shall so notify modify the initial Claim or(3)notify the Architect that the initial the Owner and Contractor in writing, stating the reasons. Claim stands. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given 4.4.4 If a Claim has not been resolved after consideration of the notice of the decision. If the Owner and Contractor cannot foregoing and of further evidence presented by the parties or agree on an adjustment in the Contract Sum or Contract Time, requested by the Architect, the Architect will notify the parties the adjustment shall be referred to the Architect for initial deter- in writing that the Architect's decision will be made within mination,subject to further proceedings pursuant to Paragraph seven days, which decision shall be final and binding on the 4.4. parties but subject to arbitration. Upon expiration of such time 4.3.7 Claims for Additional Cost. If the Contractor wishes to period, the Architect will render to the parties the Architect's • make Claim for an increase in the Contract Sum,written notice written decision relative to the Claim, including any change in as provided herein shall be given before proceeding to execute the Contract Sum or Contract Time or both. If there is a surety the Work. Prior notice is not required for Claims relating to an and there appears to be a possibility of a Contractor's default, emergency endangering life or property arising under Para- the Architect may,but is not obligated to,notify the surety and graph 10.3. If the Contractor believes additional cost is request the surety's assistance in resolving the controversy. involved for reasons including but not limited to (1)a written interpretation from the Architect,(2)an order by the Owner to 4.5 ARBITRATION stop the Work where the Contractor was not at fault,(3)a writ- 4.5.1 Controversies and Claims Subject to Arbitration. Any ten order for a minor change in the Work issued by the Archi- controversy or Claim arising out of or related to the Contract, tect,(4)failure of paymert by the Owner,(5)termination of the or the breach thereof, shall be settled by arbitration in accor- Contract by the Owner, (6) Owner's suspension or (7) other dance with the Construction Industry Arbitration Rules of the reasonable grounds,Claim shall be filed in accordance with the American Arbitration Association, and judgment upon the procedure established herein. award rendered by the arbitrator or arbitrators may be entered 4.3.8 Claims for Additional Time in any court having jurisdiction thereof, except Controversies 4.3.8.1 If the Contractor wishes to make Claim for an increase or Claims relating to aesthetic effect and except those waived as in the Contract Time,written notice as provided herein shall be provided for in Subparagraph 4.3.5. Such controversies or given. The Contractor's Claim shall include an estimate of cost Claims upon which the Architect has given notice and rendered and of probable effect of delay on progress of the Work.In the a decision as provided in Subparagraph 4.4.4 shall be subject to case of a continuing delay only one Claim is necessary. arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim 4.3.8.2 If adverse weather conditions are the basis for a Claim has been referred to the Architect as provided in Paragraph 4.3 for additional time, such Claim shall be documented by data and no decision has been rendered. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION- FOURTEENTH EDITION 12 A201-1987 AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N•W„WASHINGTON,D•C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 4.5.2 Rules and Notices for Arbitration. Claims between the 4.5.6 Claims and Timely Assertion of Claims. A party who Owner and Contractor not resolved under Paragraph 4.4 shall, files a notice of demand for arbitration must assert in the if subject to arbitration under Subparagraph 4.5.1, be decided demand all Claims then known to that party on which arbitra- { by arbitration in accordance with the Construction Industry tion is permitted to be demanded.When a party fails to include I ' Arbitration Rules of the American Arbitration Association cur- a Claim through oversight, inadvertence or excusable neglect, rently in effect, unless the parties mutually agree otherwise. or when a Claim has matured or been acquired subsequently, Notice of demand for arbitration shall be filed in writing with the arbitrator or arbitrators may permit amendment. the other party to the Agreement between the Owner and Con- 4.5.7 Judgment on Final Award. The award rendered by the tractor and with the American Arbitration Association, and a arbitrator or arbitrators shall be final, and judgment may be copy shall be filed with the Architect. entered upon it in accordance with applicable law in any court 4.5.3 Contract,Performance During Arbitration.During arbi- having jurisdiction thereof. tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. ARTICLE 5 4.5.4 When Arbitration May Be Demanded.Demand for arbi- tration of any Claim may not be made until the earlier of(1)the SUBCONTRACTORS f date on which the Architect has rendered a final written deci- 5.1 DEFINITIONS sion on the Claim, (2)the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable 5.1.1 A Subcontractor is a person or entity who has a direct " opportunity to do so, if the Architect has not rendered a final contract with the Contractor to perform a portion of the Work written decision by that date, or (3) any of the five events at the site. The term"Subcontractor" is referred to throughout described in Subparagraph 4.3.2. the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- 4.5.4.1 When a written decision of the Architect states that(1) the decision is final but subject to arbitration and(2)a demand tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making 5.1.2 A Sub-subcontractor is a person or entity who has a r the demand receives the final written decision, then failure to direct or indirect contract with a Subcontractor to perform a I demand arbitration within said 30 days' period shall result in portion of the Work at the site. The term "Sub-subcontractor" the Architect's decision becoming final and binding upon the is referred to throughout the Contract Documents as if singular Owner and Contractor. If the Architect renders a decision after in number and means a Sub-subcontractor or an authorized arbitration proceedings have been initiated, such decision may representative of the Sub-subcontractor. be entered as evidence,but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties 5.2 AWARD OF SUBCONTRACTS AND OTHER concerned. CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or C 4.5.4.2 A demand for arbitration shall be made within the time the bidding requirements, the Contractor, as soon as prac- limits specified in Subparagraphs r cases and 4.5.4 and Clause ticable after award of the Contract, shall furnish in writing to time 1 r applicable, and in other cases within a reasonable the Owner through the Architect the names of persons or enti- time after the Claim has arisen,and in no event shall it be made ties(including those who are to furnish materials or equipment after the date when institution b legal b equitable proceedings fabricated to a special design)proposed for each principal por- based on such Claim would be barred by the applicable statute tion of the Work.The Architect will promptly reply to the Con- of limitations as determined pursuant to Paragraph 13.7. tractor in writing stating whether or not the Owner or the 4.5.5 Limitation on Consolidation or Joinder. No arbitration Architect, after due investigation, has reasonable objection to arising out of or relating to the Contract Documents shall any such proposed person or entity. Failure of the Owner or include, by consolidation or joinder or in any other manner, Architect to reply promptly shall constitute notice of no reason- the Architect, the Architect's employees or consultants, except able objection. ( by written consent containing specific reference to the Agree- 5.2.2 The Contractor shall not contract with a proposed per- Iment and signed by the Architect, Owner, Contractor and any son or entity to whom the Owner or Architect has made rea- other person or entity sought to be joined. No arbitration shall sonable and timely objection. The Contractor shall not be include, by consolidation or joinder or in any other manner, required to contract with anyone to whom the Contractor has parties other than the Owner, Contractor, a separate contrac- made reasonable objection. J for as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence 5.2.3 If the Owner or Architect has reasonable objection to a is required if complete relief is to be accorded in arbitration.No person or entity proposed by the Contractor, the Contractor person or entity other than the Owner,Contractor or a separate shall propose another to whom the Owner or Architect has no I contractor as described in Article 6 shall be included as an orig- reasonable objection. The Contract Sum shall be increased or l inal third party or additional third party to an arbitration whose decreased by the difference in cost occasioned by such change interest or responsibility is insubstantial.Consent to arbitration and an appropriate Change Order shall be issued. However, no involving an additional person or entity shall not constitute increase in the Contract Sum shall be allowed for such change consent to arbitration of a dispute not described therein or with unless the Contractor has acted promptly and responsively in l a person or entity not named or described therein. The fore- submitting names as required. going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties 5.2.4 The Contractor shall not change a Subcontractor,person to the Agreement shall be specifically enforceable under appli- or entity previously selected if the Owner or Architect makes cable law in any court having jurisdiction thereof. reasonable objection to such change. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W,WASHINGTON,D,C.20006 A201-1987 13 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 5.3 SUBCONTRACTUAL RELATIONS 6.1.3 The Owner shall provide for coordination of the activi- 5.3.1 By appropriate agreement,written where legally required ties of the Owner's own forces and of each separate contractor for validity, the Contractor shall require each Subcontractor,to with the Work of the Contractor, who shall cooperate with the extent of the Work to be performed by the Subcontractor, them.The Contractor shall participate with other separate con- to be bound to the Contractor by terms of the Contract Docu- tractors and the Owner in reviewing their construction sched- ments,and to assume toward the Contractor all the obligations ules when directed to do so. The Contractor shall make any and responsibilities which the Contractor, by these Docu- revisions to the construction schedule and Contract Stun ments,assumes toward the Owner and Architect.Each subcon- deemed necessary after a joint review and mutual agreement. tract agreement shall preserve and protect the rights of the The construction schedules shall then constitute the schedules Owner until subsequently revised. to be used by the Contractor, separate contractors and the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so O that subcontracting thereof will not prejudice such rights, and specifically provided 6.1.4 Unless otherwise provided in the Contract Documents, shall allow to the Subcontractor, unless i otherwise in the subcontract agreement, the benefit all when the Owner performs construction or operations related to the Project with the Owner's own forces,the Owner shall be rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the deemed to be subject to the same obligations and to have the Owner. Where appropriate, the Contractor shall require each same rights which apply to the Contractor under the Condi- Subcontractor to enter into similar agreements with Sub-sub- tions of the Contract, including, without excluding others, contractors. The Contractor shall make available to each pro- those stated in Article 3, this Article 6 and Articles 10, 11 posed Subcontractor,prior to the execution of the subcontract and 12. agreement, copies of the Contract Documents to which the 6.2 MUTUAL RESPONSIBILITY Subcontractor will be bound,and,upon written request of the Subcontractor, identify to the Subcontractor terms and condi- 6.2.1 The Contractor shall afford the Owner and separate con- tions of the proposed subcontract agreement which may be at tractors reasonable opportunity for introduction and storage of variance with the Contract Documents. Subcontractors shall their materials and equipment and performance of their activi- similarly make copies of applicable portions of such documents ties and shall connect and coordinate the Contractor's con- available to their respective proposed Sub-subcontractors. struction and operations with theirs as required by the Contract 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS Documents. 5.4.1 Each subcontract agreement for a portion of the Work is 6.2.2 If part of the Contractor's Work depends for proper assigned by the Contractor to the Owner provided that: execution or results upon construction or operations by the .1 assignment is effective only after termination of the Owner or a separate contractor, the Contractor Shall, prior to Contract by the Owner for cause pursuant to Para- proceeding with that portion of the Work, promptly report to graph 14.2 and only for those subcontract agreements the Architect apparent discrepancies or defects in such other which the Owner accepts by notifying the Subcon- construction that would render it unsuitable for such proper tractor in writing; and execution and results. Failure of the Contractor so to report .2 assignment is subject to the prior rights of the surety, shall constitute au acknowledgment that the Owner's or sepa- rate contractors'completed or partially completed construction if any, obligated under bond relating to the Contract, is fit and proper to receive the Contractor's Work,except as to 5.4.2 If the Work has been suspended for more than 30 days, defects not then reasonably discoverable. the Subcontractor's compensation shall be equitably adjusted. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ARTICLE 6 ble therefor. CONSTRUCTION BY OWNER 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- OR BY SEPARATE CONTRACTORS pleted construction or to property of the Owner or separate 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION contractors as provided in Subparagraph 10.2.5, AND TO AWARD SEPARATE CONTRACTS 6.2.5 Claims and other disputes and matters in question 6.1.1 The Owner reserves the right to perform construction or between the Contractor and a separate contractor shall be sub- operations related to the Project with the Owner's own forces, ject to the provisions of Paragraph 4.3 provided the separate and to award separate contracts in connection with other por- contractor has reciprocal obligations. tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially 6.2.6 The Owner and each separate contractor shall have the similar to these including those portions related to insurance same responsibilities for cutting and patching as are described and waiver of subrogation. If the Contractor claims that delay for the Contractor in Paragraph 3.14. or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- 6.3 OWNER'S RIGHT TO CLEAN UP where in the Contract Documents. 6.3.1 If a dispute arises among the Contractor, separate con- 6.1.2 When separate contracts are awarded for different por- tractors and the Owner as to the responsibility under their tions of the Project or other construction or operations on the respective contracts for maintaining the premises and surround- site, the term "Contractor" in the Contract Documents in each ing area free from waste materials and rubbish as described in case shall mean the Contractor who executes each separate Paragraph 3.15, the Owner may clean up and allocate the cost Owner-Contractor Agreement. among those responsible as the Architect determines to be just. ALA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 14 A201-1987 AIA© •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING Unlicensed photocopying violates U.S.copyright laws and is subject rto legal prosecution. fl ARTICLE 7 .3 cost to be determined in a manner agreed upon b\ the parties and a mutually acceptable fixed or percent- CHANGES IN THE WORK age fee; or .4 as provided in Subparagraph 7.3.6. 7.1 CHANGES 7.3.4 Upon receipt of a Construction Change Directive, the 7.1.1 Changes in the Work may be accomplished after execu- Contractor shall promptly proceed with the change in the tion of the Contract, and without invalidating the Contract, by Work involved and advise the Architect of the Contractor's 1 Change Order, Construction Change Directive or order for a agreement or disagreement with the method, if any, provided minor change in the Work, subject to the limitations stated in in the Construction Change Directive for determining the pro- this Article 7 and elsewhere in the Contract Documents. posed adjustment in the Contract Sum or Contract Time. 7.1.2 A Change Order shall be based upon agreement among 7.3.5 A Construction Change Directive signed by the Contrac- j the Owner, Contractor and Architect; a Construction Change for indicates the agreement of the Contractor therewith,includ- Directive requires agreement by the Owner and Architect and ing adjustment in Contract Sum and Contract Time or the may or may not be agreed to by the Contractor;an order for a method for determining them. Such agreement shall be effec- minor change in the Work may be issued by the Architect tive immediately and shall be recorded as a Change Order. alone. 7.3.8 If the Contractor does not respond promptly or disagrees 7.1.3 Changes in the Work shall be performed under appli- with the method for adjustment in the Contract Sum, the cable provisions of the Contract Documents, and the Contrac- method and the adjustment shall be determined by the Archi- ( for shall proceed promptly, unless otherwise provided in the tect on the basis of reasonable expenditures and savings of Change Order, Construction Change Directive or order for a those performing the Work attributable to the change, includ- minor change in the Work. ing, in case of an increase in the Contract Sum, a reasonable 7.1.4 If unit prices are stated in the Contract Documents or allowance for overhead and profit. In such case,and also under I subsequently agreed upon, and if quantities originally con- Clause 7.3.3.3, the Contractor shall keep and present, in such templated are so changed in a proposed Change Order or Con- form as the Architect may prescribe, an itemized accounting struction Change Directive that application of such unit prices together with appropriate supporting data. Unless otherwise r to quantities of Work proposed will cause substantial inequity provided in the Contract Documents,costs for the purposes of Ito the Owner or Contractor, the applicable unit prices shall be this Subparagraph 7.3.6 shall be limited to the following: equitably adjusted. .1 costs of labor, including social security, old age and 7.2 CHANGE ORDERS unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's l 7.2.1 A Change Order is a written instrument prepared by the compensation insurance; Architect and signed by the Owner, Contractor and Architect, .2 costs of materials, supplies and equipment, includ- stating their agreement upon all of the following: ing cost of transportation, whether incorporated or .1 a change in the Work; consumed; .2 the amount of the adjustment in the Contract Sum,if .3 rental costs of machinery and equipment,exclusive of any; and hand tools, whether rented from the Contractor or ( .3 the extent of the adjustment in the Contract Time, if others; Il any. .4 costs of premiums for all bonds and insurance,permit fees, and sales, use or similar taxes related to the 7.2.2 Methods used in determining adjustments to the Contract Work; and Sum may include those listed in Subparagraph 7.3.3. .5 additional costs of supervision and field office person- f l 7.3 CONSTRUCTION CHANGE DIRECTIVES nel directly attributable to the change. 7.3.1 A Construction Change Directive is a written order pre- 7.3.7 Pending final determination of cost to the Owner, pared by the Architect and signed by the Owner and Architect, amounts not in dispute may be included in Applications for Idirecting a change in the Work and stating a proposed basis for payment. The amount of credit to be allowed by the Contrac- tadjustment, if any, in the Contract Sum or Contract Time, or for to the Owner for a deletion or change which results in a net both. The Owner may by Construction Change Directive, decrease in the Contract Sum shall be actual net cost as con- without invalidating the Contract, order changes in the Work firmed by the Architect. When both additions and credits within the general scope of the Contract consisting of addi- covering related Work or substitutions are involved in a tions, deletions or other revisions, the Contract Sum and Con tract Time being adjusted accordingly. change, the allowance for overhead and profit shall be figured on the basis of net increase, if any,with respect to that change. 7.3.2 A Construction Change Directive shall be used in the 7.3.8 If the Owner and Contractor do not agree with the absence of total agreement on the terms of a Change Order. adjustment in Contract Time or the method for determining it, t 7.3.3 If the Construction Change Directive provides for an the adjustment or the method shalt be referred to the Architect adjustment to the Contract Sum, the adjustment shall be based for determination. on one of the following methods: 7.3.9 When the Owner and Contractor agree with the deter- .1 mutual acceptance of a lump sum properly itemized mination made by the Architect concerning the adjustments in and supported by sufficient substantiating data to per- the Contract Sum and Contract Time,or otherwise reach agree- ` mit evaluation; meat upon the adjustments, such agreement shall he effective .2 unit prices stated in the Contract Documents or sub- immediately and shall be recorded by preparation and execu- sequently agreed upon; tion of an appropriate Change Order. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION A201-1987 1S AIA"' •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W.,WASHINGTON,D.C.2(M)00 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 7.4 MINOR CHANGES IN THE WORK ARTICLE 9 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or PAYMENTS AND COMPLETION extension of the Contract Time and not inconsistent with the 9.1 CONTRACT SUM intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner 9.1.1 The Contract Sum is stated in the Agreement and,includ- and Contractor. The Contractor shall carry out such written ing authorized adjustments, is the total amount payable by the orders promptly. Owner to the Contractor for performance of the Work under the Contract Documents, ARTICLE 8 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor TIME shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- 8.1 DEFINITIONS ported by such data to substantiate its accuracy as the Architect 8.1.1 Unless otherwise provided, Contract Time is the period may require.This schedule,unless objected to by the Architect, of time, including authorized adjustments, allotted in the Con- shall be used as a basis for reviewing the Contractor's Applica- tract Documents for Substantial Completion of the Work. tions for Payment. 8.1.2 The date of commencement of the Work is the date 9.3 APPLICATIONS FOR PAYMENT established in the Agreement. The date shall not be postponed 9.3.1 At least ten days before the date established for each by the failure to act of the Contractor or of persons or entities progress payment, the Contractor shall submit to the Architect for whom the Contractor is responsible. an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application 8.1.3 The date of Substantial Completion is the date certified shall be notarized, if required, and supported by such data by the Architect in accordance with Paragraph 9.8. substantiating the Contractor's right to payment as the Owner 8.1.4 The term "day" as used in the Contract Documents shall or Architect may require, such as copies of requisitions from mean calendar day unless otherwise specifically defined. Subcontractors and material suppliers, and reflecting retainage 8.2 PROGRESS AND COMPLETION if provided for elsewhere in the Contract Documents. 8.2.1 Time limits stated in the Contract Documents are of the 9.3.1.1 Such applications may include requests for payment on essence of the Contract. By executing the Agreement the Con- account of changes in the Work which have been properly tractor confirms that the Contract Time is a reasonable period authorized by Construction Change Directives but not yet for performing the Work. included in Change Orders. 8.2.2 The Contractor shall not knowingly, except by agree- 9.3.1.2 Such applications may not include requests for pay- ment or instruction of the Owner in writing,prematurely com- anent of amounts the Contractor does not intend to pay to a mence operations on the site or elsewhere prior to the effective Subcontractor or material supplier because of a dispute or other date of insurance required by Article 11 to be furnished by the reason. Contractor. The date of commencement of the Work shall not 9.3.2 Unless otherwise provided in the Contract Documents, be changed by the effective date of such insurance. Unless the payments shall be made on account of materials and equipment date of commencement is established by a notice to proceed delivered and suitably stored at the site for subsequent incor- given by the Owner, the Contractor shall notify the Owner in poration in the Work. If approved in advance by the Owner, writing not less than five days or other agreed period before payment may similarly be made for materials and equipment commencing the Work to permit the timely filing of mortgages, suitably stored off the site at a location agreed upon in writing. mechanic's liens and other security interests. Payment for materials and equipment stored on or off the site 8.2.3 The Contractor shall proceed expeditiously with ade- shall be conditioned upon compliance by the Contractor with quate forces and shall achieve Substantial Completion within procedures satisfactory to the Owner to establish the Owner's the Contract Time. title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, 8.3 DELAYS AND EXTENSIONS OF TIME storage and transportation to the site for such materials and 8.3.1 If the Contractor is delayed at any time in progress of the equipment stored off the site. Work by an act or neglect of the Owner or Architect, or of an 9.3.3 The Contractor warrant.~that title to all Work covered by employee of either, or of a separate contractor employed by an Application for Payment will pass to the Owner no later than the Owner, or by changes ordered in the Work, or by labor the time of payment. The Contractor further warrants that disputes,fire,unusual delay in deliveries,unavoidable casualties upon submittal of an Application for Payment all Work for or other causes beyond the Contractor's control, or by delay which Certificates for Pavment have been previously issued authorized by the Owner pending arbitration, or by other and payments received from the Owner shall,to the best of the causes which the Architect determines may justify delay, then Contractor's knowledge, information and belief, be free and the Contract Time shall be extended by Change Order for such clear of liens, claims, security interests or encumbrances in reasonable time as the Architect may determine. favor of the Contractor, Subcontractors, material suppliers, or 8.3.2 Claims relating to time shall be made in accordance with other persons or entities making a claim by reason of having applicable provisions of Paragraph 4.3. provided labor, materials and equipment relating to the Work. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- 9.4 CERTIFICATES FOR PAYMENT ages for delay by either party under other provisions of the 9.4.1 The Architect will, within seven days after receipt of the Contract Documents. Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•rOURTEENTH EDITION 16 A201-1987 AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. I Owner a Certificate for Payment, with a copy to the Contrac- 9.5.2 When the above reasons for withholding certification are tor, for such amount as the Architect determines is properly removed, certification will be made for amounts previously due, or notify the Contractor and Owner in writing of the withheld. r Architect's reasons for withholding certification in whole or in 9.6 PROGRESS PAYMENTS I part as provided in Subparagraph 9.5.1. 9.6.1 After the Architect has issued a Certificate for Payment, 9.4.2 The issuance of a Certificate for Payment will constitute a the Owner shall make payment in the manner and within the �. representation by the Architect to the Owner, based on the time provided in the Contract Documents, and shall so notify I Architect's observations at the site and the data comprising the the Architect. Application for Payment, that the Work has progressed to the 9.6.2 The Contractor shall promptly pay each Subcontractor, point indicated and that, to the best of the Architect's knowl- upon receipt of payment from the Owner, out of the amount edge, information and belief, quality of the Work is in accor- paid to the Contractor on account of such Subcontractor's por- dance with the Contract Documents.The foregoing representa- tion of the Work, the amount to which said Subcontractor is tions are subject to an evaluation of the Work for conformance entitled,reflecting percentages actually retained from payments with the Contract Documents upon Substantial Completion, to to the Contractor on account of such Subcontractor's portion results of subsequent tests and inspections,to minor deviations of the Work. The Contractor shall, by appropriate agreement ( from the Contract Documents correctable prior to completion with each Subcontractor, require each Subcontractor to make I and to specific qualifications expressed by the Architect. The payments to Sub-subcontractors in similar manner. issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the 9.6.3 The Architect will, on request, furnish to a Subcontrac- tamount certified.However,the issuance of a Certificate for Pay- tor, if practicable, information regarding percentages of com- ment will not be a representation that the Architect has (1) pletion or amounts applied for by the Contractor and action made exhaustive or continuous on-site inspections to check the taken thereon by the Architect and Owner on account of por- quality or quantity of the'Work, (2) reviewed construction Lions of the Work done by such Subcontractor. 1 means, methods, techniques, sequences or procedures, (3) 9.6.4 Neither the Owner nor Architect shall have an obligation reviewed copies of requisitions received from Subcontractors to pay or to see to the payment of money to a Subcontractor and material suppliers and other data requested by the Owner except as may otherwise be required by law. to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- 9.6.5 Payment to material suppliers shall be treated in a manner for has used money previously paid on account of the Contract similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6.4. Sum. 9.6.6 A Certificate for Payment, a progress payment, or partial f9.5 DECISIONS TO WITHHOLD CERTIFICATION or entire use or occupancy of the Project by the Owner shall Inot constitute acceptance of Work not in accordance with the 9.5.1 The Architect may decide not to certify payment and Contract Documents. may withhold a Certificate for Payment in whole or in part, to 9.7 FAILURE OF PAYMENT the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required 9.7.1 If the Architect does not issue a Certificate for Payment, by Subparagraph 9.4.2 cannot be made. If the Architect is through no fault of the Contractor, within seven days after unable to certify payment in the amount of the Application,the receipt of the Contractor's Application for Payment, or if the Architect will notify the Contractor and Owner as provided in Owner does not pay the Contractor within seven days after the Subparagraph 9.4.1. If the Contractor and Architect cannot date established in the Contract Documents the amount cer- agree on a revised amount, the Architect will promptly issue a tified by the Architect or awarded by arbitration,then the Con- Certificate for Payment for the amount for which the Architect tractor may, upon seven additional days' written notice to the is able to make such representations to the Owner. The Archi- Owner and Architect, stop the Work until payment of the tect may also decide not to certify payment or, because of amount owing has been received. The Contract Time shall be subsequently discovered evidence or subsequent observations, extended appropriately and the Contract Sum shall be may nullify the whole or a part of a Certificate for Payment increased by the amount of the Contractor's reasonable costs of 1 previously issued, to such extent as may be necessary in the shut-down, delay and start-up, which shall be accomplished as Architect's opinion to protect the Owner from loss because of: Provided in Article 7. 9.8 SUBSTANTIAL COMPLETION .1 defective Work not remedied; 9.8.1 Substantial Completion is the stage in the progress of the f .2 third party claims filed or reasonable evidence indicat- Work when the Work or designated portion thereof is suffi- ing probable filing of such claims; ciently complete in accordance with the Contract Documents l .3 failure of the Contractor to make payments prop- so the Owner can occupy or utilize the Work for its intended erly to Subcontractors or for labor, materials or use. equipment; .4 reasonable evidence that the Work cannot be com- 9.8.2 When the Contractor considers that the Work, or a por- pleted for the unpaid balance of the Contract Sum; tion thereof which the Owner agrees to accept separately, is substantially complete,the Contractor shall prepare and submit . .5 damage to the Owner or another contractor; to the Architect a comprehensive list of items to be completed .6 reasonable evidence that the Work will not be com- or corrected. The Contractor shall proceed promptly to com- pleted within the Contract Time, and that the unpaid plete and correct items on the list.Failure to include an item on balance would not be adequate to cover actual or such list does not alter the responsibility of the Contractor to liquidated damages for the anticipated delay; or complete all Work in accordance with the Contract Docu- .7 persistent failure to carry out the Work in accordance means. Upon receipt of the Contractor's list, the Architect will 1 with the Contract Documents. make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.0 20006 A201-1987 17 t WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. nated portion thereof is substantially complete. If the such inspection and,when the Architect finds the Work accept- Architect's inspection discloses any item, whether or not able under the Contract Documents and the Contract fully per- included on the Contractor's list, which is not in accordance formed, the Architect will promptly issue a final Certificate for with the requirements of the Contract Documents,the Contrac- Payment stating that to the best of the Architect's knowledge, for shall, before issuance of the Certificate of Substantial Com- information and belief, and on the basis of the Architect's pletion,complete or correct such item upon notification by the observations and inspections, the Work has been completed in Architect. The Contractor shall then submit a request for accordance with terms and conditions of the Contract Docu- another inspection by the Architect to determine Substantial ments and that the entire balance found to be due the Contrac- Completion. When the Work or designated portion thereof is for and noted in said final Certificate is due and payable. The substantially complete, the Architect will prepare a Certificate Architect's final Certificate for Payment will constitute a further of Substantial Completion which shall establish the date of Sub- representation that conditions listed in Subparagraph 9.10.2 as stantial Completion, shall establish responsibilities of the precedent to the Contractor's being entitled to final payment Owner and Contractor for security,maintenance,heat,utilities, have been fulfilled. damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list 9.10.2 Neither final payment nor any remaining retained accompanying the Certificate.Warranties required by the Con- percentage shall become due until the Contractor submits to tract Documents shall commence on the date of Substantial the Architect(1)an affidavit that payrolls, bills for materials and Completion of the Work or designated portion thereof unless equipment, and other indebtedness connected with the Work otherwise provided in the Certificate of Substantial Comple- for which the Owner or the Owner's property might be tion. The Certificate of Substantial Completion shall be sub- responsible or encumbered(less amounts withheld by Owner) mitted to the Owner and Contractor for their written accep- have been paid or otherwise satisfied, (2)a certificate evidenc- tance of responsibilities assigned to them in such Certificate, ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will 9.8.3 Upon Substantial Completion of the Work or designated not be cancelled or allowed to expire until at least 30 days' portion thereof and upon application by the Contractor and prior written notice has been given to the Owner,(3)a written certification by the Architect, the Owner shall make payment, statement that the Contractor knows of no substantial reason reflecting adjustment in retainage,if any,for such Work or por- that the insurance will not be renewable to cover the period tion thereof as provided in the Contract Documents. required by the Contract Documents, (4) consent of surety, if 9.9 PARTIAL OCCUPANCY OR USE any, to final payment and(5), if required by the Owner, other data establishing payment or satisfaction of obligations,such as 9.9.1 The Owner may occupy or use any completed or par- receipts, releases and waivers of liens, claims,security interests tially completed portion of the Work at any stage when such or encumbrances arising out of the Contract, to the extent and portion is designated by separate agreement with the Contrac- in such form as may be designated by the Owner. If a Subcon- tor, provided such occupancy or use is consented to by the tractor refuses to furnish a release or waiver required by the insurer as required under Subparagraph 11.3.11 and authorized Owner, the Contractor may furnish a bond satisfactory to the by public authorities having jurisdiction over the Work. Such Owner to indemnify the Owner against such lien. If such lien partial occupancy or use may commence whether or not the remains unsatisfied after payments are made, the Contractor portion is substantially complete, provided the Owner and shall refund to the Owner all money that the Owner may be Contractor have accepted in writing the responsibilities compelled to pay in discharging such lien, including all costs assigned to each of them for payments, retainage if any, secu- and reasonable attorneys' fees. rity,maintenance,heat,utilities,damage to the Work and insur- ance,and have agreed in writing concerning the period for cor- 9.10.3 If, after Substantial Completion of the Work, final com- rection of the Work and commencement of warranties pletion thereof is materially delayed through no fault of the required by the Contract Documents. When the Contractor Contractor or by issuance of Change Orders affecting final considers a portion substantially complete,the Contractor shall completion, and the Architect so confirms, the Owner shall, prepare and submit a list to the Architect as provided under upon application by the Contractor and certification by the Subparagraph 9.8.2.Consent of the Contractor to partial occu- Architect,and without terminating the Contract,make payment pancy or use shall not be unreasonably withheld. The stage of of the balance due for that portion of the Work fully completed the progress of the Work shall be determined by written agree- and accepted. If the remaining balance for Work not fully com- ment between the Owner and Contractor or,if no agreement is pleted or corrected is less than retainage stipulated in the Con- reached, by decision of the Architect, tract Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that por- 9.9.2 Immediately prior to such partial occupancy or use, the tion of the Work fully completed and accepted shall be submit- Owner, Contractor and Architect shall jointly inspect the area ted by the Contractor to the Architect prior to certification of to be occupied or portion of the Work to be used in order to such payment. Such payment shall be made under terms and determine and record the condition of the Work. conditions governing final payment, except that it shall not constitute a waiver of claims.The making of final payment shall 9.9.3 Unless otherwise agreed upon, partial occupancy or use constitute a waiver of claims by the Owner as provided in Sub- of a portion or portions of the Work shall not constitute accep- paragraph 4.3.5. tance of Work not complying with the requirements of the Contract Documents. 9.10.4 Acceptance of final payment by the Contractor, a Sub- 9.10 FINAL COMPLETION AND FINAL PAYMENT contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing 9.10.1 Upon receipt of written notice that the Work is ready and identified by that payee as unsettled at the time of final for final inspection and acceptance and upon receipt of a final Application for Payment. Such waivers shall be in addition to Application for Payment, the Architect will promptly make the waiver described in Subparagraph 4.3.5. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 18 A201-1987 AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N,W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 10 10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders PROTECTION OF PERSONS AND PROPERTY of public authorities bearing on safety of persons or property or 10.1 SAFETY PRECAUTIONS AND PROGRAMS their protection from damage, injury or loss. I 10.1.1 The Contractor shall be responsible for initiating,main- 10.2.3 The Contractor shall erect and maintain,as required by taining and supervising all safety precautions and programs in existing conditions and performance of the Contract, reason- connection with the performance of the Contract. able safeguards for safety and protection, including posting danger signs and other warnings against hazards,promulgating 10.1.2 In the event the Contractor encounters on the site safety regulations and notifying owners and users of adjacent sites and utilities. material reasonably believed to be asbestos or polychlorinated r" biphenyl (PCB) which has not been rendered harmless, the 10.2.4 When use or storage of explosives or other hazardous j Contractor shall immediately stop Work in the area affected materials or equipment or unusual methods are necessary for and report the condition to the Owner and Architect in writing. execution of the Work, the Contractor shall exercise utmost The Work in the affected area shall not thereafter be resumed care and carry on such activities under supervision of properly r except by written agreement of the Owner and Contractor if in qualified personnel. (' fact the material is asbestos or polychlorinated biphenyl(PCB) and has not been rendered harmless. The Work in the affected 10.2.5 The Contractor shall promptly remedy damage and loss area shall be resumed in the absence of asbestos or polychlori- (other than damage or loss insured under property insurance nated biphenyl(PCB), or when it has been rendered harmless, required by the Contract Documents)to property referred to in by written agreement of the Owner and Contractor, or in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the accordance with final determination by the Architect on which Contractor, a Subcontractor, a Sub-subcontractor, or anyone arbitration has not been demanded, or by arbitration under directly or indirectly employed by any of them, or by anyone r Article 4. for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except 110.1.3 The Contractor shall not be required pursuant to Article damage or loss attributable to acts or omissions of the Owner 7 to perform without consent any Work relating to asbestos or or Architect or anyone directly or indirectly employed by polychlorinated biphenyl (PCB). 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 I10.1.4 To the fullest extent permitted by law, the Owner shall Contractor. The foregoing obligations of the Contractor are in indemnify and hold harmless the Contractor, Architect, Archi- addition to the Contractor's obligations under Paragraph 3.18. tect's consultants and agents and employees of any of them f from and against claims, damages, losses and expenses, includ- 10.2.E The Contractor shall designate a responsible member of ing but not limited to attorneys' fees, arising out of or resulting the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl(PCB)and has superintendent unless otherwise designated by the Contractor rnot been rendered harmless,provided that such claim,damage, in writing to the Owner and Architect, lloss or expense is attributable to bodily injury,sickness,disease 10.2.7 The Contractor shall not load or permit any part of the or death, or to injury to or destruction of tangible property construction or site to be loaded so as to endanger its safety. (other than the Work itself) including loss of use resulting therefrom,but only to the extent caused in whole or in part by 10.3 EMERGENCIES negligent acts or omissions of the Owner, anyone directly or 10.3.1 in an emergency affecting safety of persons or property, indirectly employed by the Owner or anyone for whose acts the Contractor shall act, at the Contractor's discretion, to pre- the Owner may be liable, regardless of whether or not such vent threatened damage, injury or loss. Additional compensa- claim, damage, loss or expense is caused in part by a party tion or extension of time claimed by the Contractor on account Il indemnified hereunder. Such obligation shall not be construed of an emergency shall be determined as provided in Paragraph to negate, abridge, or reduce other rights or obligations of 4.3 and Article 7. indemnity which would otherwise exist as to a party or person R described in this Subparagraph 10.1.4. ARTICLE 11 10.2 SAFETY OF PERSONS AND PROPERTY INSURANCE AND BONDS 10.2.1 The Contractor shall take reasonable precautions for 11.1 CONTRACTOR'S LIABILITY INSURANCE 1 safety of, and shall provide reasonable protection to prevent damage, injury or loss to: 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in .1 employees on the Work and other persons who may the jurisdiction in which the Project is located such insurance as be affected thereby; will protect the Contractor from claims set forth below which l .2 the Work and materials and equipment to be incorpo- may arise out of or result from the Contractor's operations rated therein, whether in storage on or off the site, under the Contract and for which the Contractor may be legally under care, custody or control of the Contractor or liable, whether such operations be by the Contractor or by a I J the Contractor's Subcontractors or Sub-subcontrac- Subcontractor or by anyone directly or indirectly employed by l tors; and any of them,or by anyone for whose acts any of them may be .3 other property at the site or adjacent thereto, such as liable: I trees, shrubs, lawns, walks, pavements, roadways, .1 claims under workers' or workmen's compensation, structures and utilities not designated for removal, relo- disability benefit and other similar employee benefit acts cation or replacement in the course of construction, which are applicable to the Work to be performed; AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW.,WASHINGTON,D C 20006 A201-1987 19 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. .2 claims for damages because of bodily injury, occupa- other than the Owner has an insurable interest in the property tional sickness or disease,or death of the Contractor's required by this Paragraph 1 1.3 to be covered, whichever is employees; earlier. This insurance shall include interests of the Owner, the .3 claims for damages because of bodily injury, sickness Contractor, Subcontractors and Sub-subcontractors in the or disease,or death of any person other than the Con- Work. tractor's employees; 11.3.1.1 Property insurance shall be on an all-risk policy form .4 claims for damages insured by usual personal injury and shall insure against the perils of fire and extended coverage liability coverage which are sustained(1) by a person and physical loss or damage including, without duplication of as a result of an offense directly or indirectly related to coverage, theft, vandalism, malicious mischief, collapse, false- employment of such person by the Contractor,or(2) work, temporary buildings and debris removal including by another person; demolition occasioned by enforcement of any applicable legal .5 claims for damages, other than to the Work itself, requirements, and shall cover reasonable compensation for because of injury to or destruction of tangible prop- Architect's services and expenses required as a result of such erty, including loss of use resulting therefrom; insured loss. Coverage for other perils shall not be required .6 claims for damages because of bodily injury, death of unless otherwise provided in the Contract Documents. a person or property damage arising out of owner- 11.3.1.2 If the Owner does not intend to purchase such prop- ship, maintenance or use of a motor vehicle; and erty insurance required by the Contract and with all of the .7 claims involving contractual liability insurance appli- coverages in the amount described above, the Owner shall so cable to the Contractor's obligations under Paragraph inform the Contractor in writing prior to commencement of 3.18. the Work.The Contractor may then effect insurance which will protect the interests of the Contractor,Subcontractors and Sub- 11.1.2 The insurance required by Subparagraph 11.1.1 shall be subcontractors in the Work,and by appropriate Change Order written for not less than limits of liability specified in the Con- the cost thereof shall be charged to the Owner. If the Contrac- tract Documents or required by law, whichever coverage is for is damaged by the failure or neglect of the Owner to pur- greater. Coverages, whether written on an occurrence or chase or maintain insurance as described above, without so claims-made basis, shall be maintained without interruption notifying the Contractor, then the Owner shall bear all reason- from date of commencement of the Work until date of final able costs properly attributable thereto. payment and termination of any coverage required to be main tained after final payment. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- 11.1.3 Certificates of Insurance acceptable to the Owner shall ments, the Contractor shall pay costs not covered because of be filed with the Owner prior to commencement of the Work. such deductibles.If the Owner or insurer increases the required These Certificates and the insurance policies required by this minimum deductibles above the amounts so identified or if the Paragraph 11.1 shall contain a provision that coverages Owner elects to purchase this insurance with voluntary deduc- afforded under the policies will not be cancelled or allowed to tible amounts, the Owner shall be responsible for payment of expire until at least 30 days'prior written notice has been given the additional costs not covered because of such increased or to the Owner. If any of the foregoing insurance coverages are voluntary deductibles. If deductibles are not identified in the required to remain in force after final payment and are reason- Contract Documents, the Owner shall pay costs not covered ably available, an additional certificate evidencing continuation because of deductibles. of such coverage shall be submitted with the final Application 11.3.1.4 Unless otherwise provided in the Contract Docu- for Payment as required by Subparagraph 9.10.2. Information ments,this property insurance shall cover portions of the Work concerning reduction of coverage shall be furnished by the stored off the site after written approval of the Owner at the Contractor with reasonable promptness in accordance with the value established in the approval,and also portions of the Work Contractor's information and belief. in transit, 11.2 OWNER'S LIABILITY INSURANCE 11.3.2 Boiler and Machinery Insurance. The Owner shall 11.2.1 The Owner shall be responsible for purchasing and purchase and maintain boiler and machinery insurance maintaining the Owner's usual liability insurance. Optionally, required by the Contract Documents or by law, which shall the Owner may purchase and maintain other insurance for self- Specifically cover such insured objects during installation and protection against claims which may arise from operations until final acceptance by the Owner;this insurance shall include under the Contract. The Contractor shall not be responsible interests of the Owner, Contractor, Subcontractors and Sub- for purchasing and maintaining this optional Owner's liability subcontractors in the Work, and the Owner and Contractor insurance unless specifically required by the Contract shall be named insureds. Documents. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's 11.3 PROPERTY INSURANCE option, may purchase and maintain such insurance as will 11.3.1 Unless otherwise provided, the Owner shall purchase insure the Owner against loss of use of the Owner's property and maintain, in a company or companies lawfully authorized due to fire or other hazards, however caused. The Owner to do business in the jurisdiction in which the Project is waives all rights of action against the Contractor for loss of use located, property insurance in the amount of the initial Con- of the Owner's property,including consequential losses due to tract Sum is well as subsequent modifications thereto for the fire or other hazards however caused. entire Work at the site on a replacement cost basis without vol- 11.3.4 If the Contractor requests in writing that insurance for untary deductibles. Such property insurance shall be main- risks other than those described herein or for other special haz- tained, unless otherwise provided in the Contract Documents ards be included in the property insurance policy, the Owner or otherwise agreed in writing by all persons and entities who shall, if possible, include such insurance, and the cost thereof are beneficiaries of such insurance,until final payment has been shall be charged to the Contractor by appropriate Change made as provided in Paragraph 9.10 or until no person or entity Order. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION-FOURTEENTH EDITION 20 A201-1987 AIA" -©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW.,WASHINGTON,D C,20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. I^ I 11.3.5 If during the Project construction period the Owner 11.3.10 The Owner as fiduciary shall have power to adjust and insures properties, real or personal or both, adjoining or adja- settle a loss with insurers unless one of the parties in interest cent to the site by property insurance under policies separate shall object in writing within five days after occurrence of loss r from those insuring the Project, or if after final payment prop- to the Owner's exercise of this power; if such objection be I erty insurance is to be provided on the completed Project made, arbitrators shall be chosen as provided in Paragraph 4.5. through a policy or policies other than those insuring the Proj- The Owner as fiduciary shall,in that case,make settlement with ect during the construction period, the Owner shall waive all insurers in accordance with directions of such arbitrators. If rights in accordance with the terms of Subparagraph 11.3.7 for distribution of insurance proceeds by arbitration is required, damages caused by fire or other perils covered by this separate the arbitrators will direct such distribution. property insurance. All separate policies shall provide this 11.3.11 Partial occupancy or use in accordance with Paragraph waiver of subrogation by endorsement or otherwise. 9.9 shall not commence until the insurance company or com- parties providing property insurance have consented to such 1 11.3.6 Before an exposure to loss may occur, the Owner shall partial occupancy or use by endorsement or otherwise. The file with the Contractor a copy of each policy that includes Owner and the Contractor shall take reasonable steps to obtain insurance coverages required by this Paragraph 11.3, Each consent of the insurance company or companies and shall, policy shall Contain all generally applicable conditions, defini- without mutual written consent, take no action with respect to tions,exclusions and endorsements related to this Project.Each partial occupancy or use that would cause cancellation,lapse or policy shall contain a provision that the policy will not be reduction of insurance. cancelled or allowed to expire until at least 30 days'prior writ- ten notice has been given to the Contractor. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- 11.3.7 Waivers of Subrogation. The Owner and Contractor for to furnish bonds covering faithful performance of the Con- waive all rights against (1)each other and any of their subcon- tract and payment of obligations arising thereunder as stipu- - tractors,sub-subcontractors,agents and employees,each of the lated in bidding requirements or specifically required in the other, and (2) the Architect, Architect's consultants, separate Contract Documents on the date of execution of the Contract. contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for 11.4.2 Upon the request of any person or entity appealing to damages caused by fire or other perils to the extent covered by be a potential beneficiary of bonds covering payment of obliga- property insurance obtained pursuant to this Paragraph 11.3 or tions arising under the Contract, the Contractor shall promptly other property insurance applicable to the Work, except such furnish a copy of the bonds or shall permit a copy to be made. rights as they have to proceeds of such insurance held by the Owner as fiduciary.The Owner or Contractor, as appropriate, I shall require of the Architect, Architect's consultants, separate ARTICLE 12 contractors described in Article 6, if any, and the subcontrac- tors,sub-subcontractors,agents and employees of any of them, UNCOVERING AND CORRECTION OF WORK by appropriate agreements, written where legally required for 12.1 UNCOVERING OF WORK validity, similar waivers each in favor of other parties enunT- erated herein.The policies shall provide such waivers of subro- 12.1.1 If a portion of the Work is covered contrary to the gation by endorsement or otherwise. A waiver of subrogation Architect's request or to requirements specifically expressed in shall be effective as to a person or entity even though that per- the Contract Documents, it must, if required in writing by the son or entity would otherwise have a duty of indemnification, Architect, be uncovered for the Architect's observation and be contractual or otherwise, did not pay the insurance premium replaced at the Contractor's expense without change in the directly or indirectly, and whether or not the person or entity Contract Time. had an insurable interest in the property damaged. 12.1.2 If a portion of the Work has been covered which the l 11.3.8 A loss insured under Owner's property insurance shall Architect has not specifically m requested to observe prior to its he adjusted by the Owner as fiduciary and made payable to the heing covered,the Architect ay request to sec such Work ork and Owner as fiduciary for the insureds, as their interests may it shall he uncovered by the Contractor. If such Work is in appear, subject to requirements of any applicable mortgagee accordance with the Contract Documents, costs of uncover- clause and of Subparagraph ]1.3.10. The Contractor shall pay Ing and replacement shall, by appropriate Change Order, he 111 charged to the Owner.Subcontractors their just shares of insurance proceeds received sure Fork is not in accordance with by the Contractor, and by appropriate agreements, written the Contract Documents , the Contractor shall pay such costs where legally required for validity,shall require Subcontractors unless the condition was as caused by the Ov,na or a separate to make payments to their Sub-subcontractors in similar Contractor in which event the Owner shall be responsible for manner. payment of such costs. 12.2 CORRECTION OF WORK 11.3.9 If required in writing by a party in interest, the Owner 12.2.1 The Contractor shall� promptly correct Work rejected� as fiduciary shall, upon occurrence of an insured loss, give by the Architect or failing to conform to the requirements of bond for proper performance of the Owner's duties. The cost the Contract Documents, whether ohserved before or after of required bonds shall be charged against proceeds received as Substantial Completion and whether or not fahricated,installed fiduciary. The Owner shall deposit in a separate account pro- or completed. The Contractor shall bear costs of correcting ceeds so received, which the Owner shall distribute in actor- such rejected Work, including additional testing and inspec- dance with such agreement as the parties in interest may reach, tions and compensation for the Architect's services and or in accordance with an arbitration award in which case the expenses made necessary thereby. procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- 12.2.2 If, within one year after the date of Substantial Comple- aged property shall be covered by appropriate Change Order. tion of the Work or designated portion thereof,or after the date AIA DOCUMENT A201 • GENERAL CONDITIONS OF C THE CONTRACT FOR CONSTRCITON • FOUR'1'F:FNTH EDITION AIA"' •©1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 21 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. for commencement of warranties established under Sub- ARTICLE 13 paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents,any of the Work is found MISCELLANEOUS PROVISIONS to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after 13.1 GOVERNING LAW receipt of written notice from the Owner to do so unless the 13.1.1 The Contract shall be governed by the law of the place Owner has previously given the Contractor a written accep- where the Project is located. tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after 13.2 SUCCESSORS AND ASSIGNS Substantial Completion by the period of time between Substan- 13.2.1 The Owner and Contractor respectively bind them- tial Completion and the actual performance of the Work. This selves, their partners, successors, assigns and legal representa- obligation under this Subparagraph 12.2.2 shall survive accep- tives to the other party hereto and to partners, successors, tance of the Work under the Contract and termination of the assigns and legal representatives of such other party in respect Contract.The Owner shall give such notice promptly after dis- to covenants,agreements and obligations contained in the Con- covery of the condition. tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If 12.2.3 The Contractor shall remove from the site portions of either party attempts to make such an assignment without such the Work which are not in accordance with the requirements consent,that party shall nevertheless remain legally responsible of the Contract Documents and are neither corrected by the for all obligations under the Contract. Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work 13.3 WRITTEN NOTICE within a reasonable time, the Owner may correct it in accor- 13.3.1 Written notice shall be deemed to have been duly dance with Paragraph 2.4. If the Contractor does not proceed served if delivered in person to the individual or a member of with correction of such nonconforming Work within a reason- the firm or entity or to an officer of the corporation for which it able time fixed by written notice from the Architect,the Owner was intended,or if delivered at or sent by registered or certified may remove it and store the salvable materials or equipment at mail to the last business address known to the party giving the Contractor's expense. If the Contractor does not pay costs notice. of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written 13.4 RIGHTS AND REMEDIES notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof,after deducting 13.4.1 Duties and obligations imposed by the Contract Docu- costs and damages that should have been borne by the Con- ments and rights and remedies available thereunder shall be in tractor,including compensation for the Architect's services and addition to and not a limitation of duties,obligations,rights and expenses made necessary thereby. If such proceeds of sale do remedies otherwise imposed or available by law. not cover costs which the Contractor should have borne, the 13.4.2 No action or failure to act by the Owner, Architect or Contract Sum shall be reduced by the deficiency. If payments Contractor shall constitute a waiver of a right or duty afforded then or thereafter due the Contractor are not sufficient to cover them under the Contract, nor shall such action or failure to act such amount, the Contractor shall pay the difference to the constitute approval of or acquiescence in a breach thereunder, Owner. except as may be specifically agreed in writing. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or 13.5 TESTS AND INSPECTIONS partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work 13.5.1 Tests, inspections and approvals of portions of the which is not in accordance with the requirements of the Con- Work required by the Contract Documents or by laws, ordi- tract Documents. nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- wise provided, the Contractor shall make arrangements for strued to establish a period of limitation with respect to other Such tests,inspections and approvals with an independent test- obligations which the Contractor might have under the Con- ing laboratory or entity acceptable to the Owner, or with the tract Documents. Establishment of the time period of one year appropriate public authority, and shall bear all related costs of as described in Subparagraph 12.2.2 relates only to the specific tests, inspections and approvals. The Contractor shall give the obligation of the Contractor to correct the Work, and has no Architect timely notice of when and where tests and inspec- relationship to the time within which the obligation to comply tions are to be made so the Architect may observe such proce- with the Contract Documents may be sought to be enforced, dures. The Owner shall bear costs of tests, inspections or nor to the time within which proceedings may be commenced approvals which do not become requirements until after bids to establish the Contractor's liability with respect to the Con- are received or negotiations concluded. tractor's obligations other than specifically to correct the Work. 13.5.2 If the Architect, Owner or public authorities having 12.3 ACCEPTANCE OF NONCONFORMING WORK jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- 12.3.1 If the Owner prefers to accept Work which is not in paragraph 13.5.1,the Architect will,upon written authorization accordance with the requirements of the Contract Documents, from the Owner, instruct the Contractor to make arrangements the Owner may do so instead of requiring its removal and cor- for Such additional testing, inspection or approval by an entity rection, in which case the Contract Sum will be reduced as acceptable to the Owner, and the Contractor shall give timely appropriate and equitable. Such adjustment shall be effected notice to the Architect of when and where tests and inspections whether or not final payment has been made. are to be made so the Architect may observe such procedures. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 22 A201-1987 AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- ARTICLE 14 !!! paragraph 13.5.3. TERMINATION OR SUSPENSION 13.5.3 If such procedures for testing, inspection or approval OF THE CONTRACT under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established 14.1 TERMINATION BY THE CONTRACTOR by the Contract Documents,the Contractor shall bear all costs made necessary by such failure including those of repeated 14.1.1 The Contractor may terminate the Contract if the Work �~ procedures and compensation for the Architect's services and is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their expenses. agents or employees or any other persons performing portions 13.5.4 Required certificates of testing, inspection or approval of the Work under contract with the Contractor,for any of the shall,unless otherwise required by the Contract Documents,be following reasons: secured by the Contractor and promptly delivered to the .1 issuance of an order of a court or other public author- Architect. ity having jurisdiction; .2 an act of government,such as a declaration of national 13.5.5 If the Architect is to observe tests, inspections or emergency, making material unavailable; approvals required by the Contract Documents, the Architect will do so promptly and,where practicable,at the normal place •3 because the Architect has not issued a Certificate for _ of testing. Payment and has not notified the Contractor of the reason for withholding certification as provided in 13.5.6 Tests or inspections conducted pursuant to the Con- Subparagraph 9.4.1, or because the Owner has not tract Documents shall be made promptly to avoid unreasonable made payment on a Certificate for Payment within delav in the Work. the time stated in the Contract Documents; r .4 if repeated suspensions,delays or interruptions by the Il 13.6 INTEREST Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- 13.6.1 Payments due and unpaid under the Contract Docu- ber of days scheduled for completion, or 120 days in I ments shall bear interest from the date payment is due at such any 365-day period, whichever is less; or rate as the parties may agree upon in writing or,in the absence .5 the Owner has failed to furnish to the Contractor thereof,at the legal rate prevailing from time to time at the place promptly, upon the Contractor's request, reasonable where the Project is located. evidence as required by Subparagraph 2.2.1. ` 14.1.2 If one of the above reasons exists, the Contractor may, 13.7 COMMENCEMENT OF STATUTORY upon seven additional days' written notice to the Owner and LIMITATION PERIOD Architect, terminate the Contract and recover from the Owner 13.7.1 As between the Owner and Contractor: payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment .1 Before Substantial Completion.As to acts or failures and machinery, including reasonable overhead, profit and to act occurring prior to the relevant date of Substan- damages. tial Completion, any applicable statute of limitations 14.1.3 If the Work is stopped for a period of 60 days through I shall commence to run and any alleged cause of action no act or fault of the Contractor or a Subcontractor or their shall be deemed to have accrued in any and all events agents or employees or any other persons performing portions not later than such date of Substantial Completion; of the Work under contract with the Contractor because the .2 Between Substantial Completion and Final Certifi- Owner has persistently failed to fulfill the Owner's obligations pate for Payment. As to acts or failures to act occur- under the Contract Documents with respect to matters impor- ring subsequent to the relevant date of Substantial tart to the progress of the Work, the Contractor may, upon Completion and prior to issuance of the final Certifi- seven additional days' written notice to the Owner and the cate for Payment, any applicable statute of limitations Architect, terminate the Contract and recover from the Owner shall commence to run and any alleged cause of as provided in Subparagraph 14.1.2. action shall be deemed to have accrued in any and all 14.2 TERMINATION BY THE OWNER FOR CAUSE events not later than the date of issuance of the final 14.2.1 The Owner may terminate the Contract if the ICertificate for Payment; and Contractor: `- .3 After Final Certificate for Payment. As to acts or .1 persistently or repeatedly refuses or fails to supply failures to act occurring after the relevant date of issu- enough properly skilled workers or proper materials; ance of the final Certificate for Payment, any appli- .2 fails to make payment to Subcontractors for materials cable statute of limitations shall commence to run and or labor in accordance with the respective agreements any alleged cause of action shall be deemed to have between the Contractor and the Subcontractors; accrued in any and all events not later than the date of .3 persistently disregards laws, ordinances, or rules, reg- any act or failure to act by the Contractor pursuant to ulations or orders of a public authority having juris- �� any warranty provided under Paragraph 3.5, the date diction; or of any correction of the Work or failure to correct the 4 otherwise is guilty c substantial breach of a provision Work by the Contractor under Paragraph 12.2,or the of the Contract Doc date of actual commission of any other act or failure Documents. fto perform any duty or obligation by the Contractor 14.2.2 When any of the above reasons exist,the Owner,upon l or Owner, whichever occurs last. certification by the Architect that sufficient cause exists to jus- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION A10' •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 23 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. tify such action, may without prejudice to any other rights or Owner.The amount to be paid to the Contractor or Owner,as remedies of the Owner and after giving the Contractor and the the case may be,shall be certified by the Architect,upon appli- Contractor's surety, if any, seven days' written notice, termi- cation, and this obligation for payment shall survive termina- nate employment of the Contractor and may, subject to any Lion of the Contract. prior rights of the surety: 14.3 SUSPENSION BY THE OWNER .1 take possession of the site and of all materials, equip- FOR CONVENIENCE ment,tools,and construction equipment and machin- 14.3.1 The Owner may,without cause,order the Contractor in ery thereon owned by the Contractor; writing to suspend, delay or interrupt the Work in whole or in .2 accept assignment of subcontracts pursuant to Para- part for such period of time as the Owner may determine. graph 5.4; and .3 finish the Work by whatever reasonable method the 14.3.2 An adjustment shall be made for increases in the cost of Owner may deem expedient. performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- 14.2.3 When the Owner terminates the Contract for one of the tion. No adjustment shall be made to the extent: reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is .1 that performance is, was or would have been so sus- finished. pended, delayed or interrupted by another cause for which the Contractor is responsible; or 14.2.4 if the unpaid balance of the Contract Sum exceeds costs .2 that an equitable adjustment is made or denied under of finishing the Work, including compensation for the Archi- another provision of this Contract. tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the 14.3.3 Adjustments made in the cost of performance may have unpaid balance, the Contractor shall pay the difference to the a mutually agreed fixed or percentage fee. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 24 A201-1987 AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W,WASHINGTON,D C 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 3/87 HALLER AND QUAKE MEMORIAL PARK ADA COMPLIANCE REMODEL JOB NO. 94331 DOCUMENT 00800 SUPPLEMENTARY CONDITIONS UNLESS EXPRESSLY OTHERWISE INDICATED, THE FOLLOWING REQUIREMENTS SUPPLEMENT THE REFERENCED ARTICLES OF THE "GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION" (AIA DOCUMENT A201, 1987 EDITION) AND SUPERSEDE THEM WHERE THEY CONTRADICT THE SAME. GENERAL: Where a conflict arises between AIA Document A107 and Sub-Grantee General Conditions - Document 00700 , Sub-Grantee General Conditions - Document 00700 shall govern . 1 . 01 GENERAL PROVISIONS (Article 1) A. ADD to Subparagraph 1 . 2 . 2 the following: No allowance shall subsequently be made on behalf of the Contractor on account of an error on his part or his negligence or failure to acquaint himself with the conditions of the Site . B. ADD Subparagraph 1 . 2 . 6 : 1. 2 . 6 Subgrantee General Conditions and Sections of Division 1 General Requirements govern the execution of all Sections of the Specifications . Subgrantee General Conditions will govern where in conflict with General Conditions (AIA Document A201) . 1. 03 CONTRACTOR (Article 3 ) A. Paragraph 3 . 6 . 1, line 1, DELETE the word . . "sales, " . B. ADD to Paragraph 3 . 6 . 1 the following: Applicable sales tax shall be included in progress payments as provided in Article 9 of this Agreement. 1 . 04 TIME (Article 8) A. DELETE paragraph 8 . 2 . 1 in its entirety and substitute the following: 8 . 2 . 1 The Work shall be complete within 80 calendar days for Substantial Completion with Final Completion 30 days thereafter from the date of the Notice to Proceed. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 00800 - 1 HALLER AND QUAKE MEMORIAL PARK DOCUMENT 00800 ADA COMPLIANCE REMODEL SUPPLEMENTARY CONDITIONS JOB NO. 94331 1 . 05 PAYMENTS AND COMPLETION (Article 9) A. ADD to Subparagraph 9 . 6 . 1 the Following: On or about the fifteenth of each month the Owner agrees to pay to the Contractor an amount to be determined by taking 95 percent of the value of labor and materials incorporated in the Work, plus material not incorporated in the Work but accepted by the Architect under provisions of the Contract Documents, up to the date of payment proposed to be made, less the aggregate of all previous payments and deductions provided for in the Contract Documents . 1. 06 INSURANCE AND BONDS (Article 11) A. DELETE paragraph 11 . 4. 1 in its entirety and substitute the following: 11 . 4 . 1 The Contractor shall furnish a Performance Bond in an amount equal to one hundred percent of the Contract Sum as security for the faithful performance of this Contract . The Contractor shall also furnish a Labor and Material Payment Bond in an amount not less than one hundred percent of the Contract Sum or in a penal sum not less than that prescribed by State, or Local law, as security for the payment of all persons performing labor on the Project under this Contract and furnishing materials in connection with this Contract. The Performance Bond and the Labor and Material Payment Bond may be in one or in separate instruments in accordance with local law and shall be delivered to the Owner not later than the date of execution of the Contract . 1. 07 MISCELLANEOUS PROVISIONS (Article 13 ) A. ADD Subparagraphs as follows : 13 .8 Liquidated Damages 13 .8 . 1 If the Contractor should fail to complete the Work, or any part thereof , within the Contract Time, the Owner will sustain damage because of the following type of damage. . 1 Interest on money borrowed for construction payments . 00800 - 2 HALLER AND QUAKE MEMORIAL PARK DOCUMENT 00800 ADA COMPLIANCE REMODEL SUPPLEMENTARY CONDITIONS JOB NO. 94331 13 . 8 .2 Therefore the parties agree that the Contractor shall pay the Owner, as liquidated damages and not as penalty, an amount equal to the accrued interest on the Owner' s construction loan, or One Hundred Dollars ($100 . 00) , whichever is greater, for each and every_ [" calendar day that any portion of the Work is not completed I within the Contract Time. 13 .8 . 3 The Owner may deduct the sum of such liquidated f damages from any moneys due or that may become due the Contractor, or if such moneys are insufficient, the Contractor, or its Surety or Sureties shall pay any- deficiency. 1 END OF DOCUMENT [ [ f i 00800 - 3 i y ui Attachment 5 SUB=URANTSS_�SNSRAL_C4NUlT106_D?CUKENT GENERAL CONDITIONS FOR PUBLIC WORKS OR FACILITIES CONTRACTS ASSISTED UNDER THE SNOHOMISH COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ----------------------------------------------------------------------- 1 . R�PQRTS_AN�_g��4gPS A. The CONTRACTOR agrees to furnish such information and reports pertinent to the contract as may reasonably be required from time to time by the OWNER. B. The CONTRACTOR agrees to provide duly authorized representa- tives of the OWNER, or federal or state agencies access to any books, documents, papers, and records of the CONTRACTOR which are pertinent to contract performance for the purpose of making audit, examination, excerpts and transcriptions. C. In the event any portion of the work or materials required to be performed or provided by the contractor under this agreement is performed or. provided by a subcontractor , then the contractor shall execute a written agreement therefor and submit a fully executed copy thereof to the Snohomish County Grants Administration Office prior to performance of any such subcontract. This provision shall apply to all lower tier subcontracts. In addition, all requirements of Snohomish County Grants Administration under this contract shall apply to such subcontracts. D. The CONTRACTOR agrees to include the provisions of this section in every subcontract. 2 . LAB9R_BTANDAEDS A. Fgftr41 : The CONTRACTOR agrees to comply with the Federal Labor Standards Provision attached hereto as Exhibit "A". B. Statg: The CONTRACTOR agrees to comply with RCW 49 .28 .060-.110, prohibiting employment of employees more than eight hours in any one day, except in case of emergency, and providing for contract termination in case the CONTRACTOR shall violate the provisions thereof. The CONTRACTOR further agrees to comply with RCW 39.12 pertaining to payments of prevailing wages on State Public Works projects, attached hereto as Exhibit "C". C. The Federal classification of labor and prevailing wage rates are attached hereto as Exhibit "D". NOTE: Both the wage rates for the State of Washington Public Works Contract and the Federal prevailing wage are applicable. Therefore, the CONTRACTOR and Subcontractors must pay the highest of the two. D. The CONTRACTOR agrees to include the provisions of this sec- tion in all subcontracts. 3 . PART ICI PATIQN__$Y_KNQR1T.Y_$IJ$IN$$$_BRTERP$15$$_ALI$_TO1flME�_$u$INE$$ ENTERPRISE$ MiN4RITY_$DSINESS_ENTERPRISES A regional policy of the Department of Housing and Urban Development requires a good faith effort by Snohomish County to affirmatively increase the role of the Minority Business Enterprises in the economy. A. I)ef iDiti4Dz The term "MBE" means a business which is more than 50% owned and controlled by minority group members. The minority ownership must exercise actual day to day management. Minorities include Blacks, Hispanics, Asian Americans, Amercian Indians, Alaskan, Natives, and members of other groups or other individuals normally identified by race, color or national origin. B. ��D�rai_R�ShcdirQm�i�h� 1) Each CONTRACTOR shall agree to abide by the statements in this section in all prime contracts of $50 ,000 or more. These statements shall be included in all subsequent agreements between the CONTRACTOR and any Subcontractor . 2) It is a requirement for Contract approval that a bidder objectively demonstrate to the grantee that it has exerted good faith efforts to meet the MBE goal as set forth herein. Notwithstanding the fact that a bidder may have the capability to complete the total project with its own workforce and without the use of Subcontractors, each bidder shall still be required to make good faith efforts whether by subcontract or by procurement of supplies, equipment, or services to comply with the goal. Each bid received must be accompanied by the completed "MBE Participation" form indicating MBE Utilization/Attempt to Solicit. Pal1QKe---tQ___5111 IIlif "I1$E Pa;.ticipatiQD"_J.Qrm_with_Jthe_hid_will_reault__iu__the__bid haiDg_r�1�D�ss�� 3) Where the bidder fails to objectively demonstrate the required good faith efforts, the grantee, in conjunction with its function of deciding responsibility in each case , shall determine the bidder to be non-responsive. Page SGC-2 C. MBE_BliziDility To insure that its MBE program benefits only firms owned and controlled by minorities, the grantee shall certify the eligibility of MBEs. The grantee may, at its own discretion, accept certifications made by other agencies. Upon notification by the grantee, bidders must submit, within five (5) working days, MBE certifications for the bidder requesting MBE status and/or for the MBE' s indicated in the bid proposal as proposed Subcontractors. Failure to submit the MBE Certification Form or acceptable substitute will result in the bid being declared non-responsive. D. MBE_Q4.21.5 The Department of Housing and Urban Development, Region 10 , has established a goal for Snohomish County of 7 .7% of all contract dollars to be committed to minority owned businesses. E. _Cguati Pati4D_TQW!a1d_JS9etiag_G4410 1) Should the Prime Contractor be an MBE, only that portion of the entire contract which will be performed by the Prime Contractor can be counted toward meeting the applicable MBE Participation goals. The MBE Prime Contractor must include itself on the MBE Participation/Attempt to Solicit Form, 2) Once a supplier or subcontracting firm is determined to be eligible MBE, the total dollar value of that supply Contract or Subcontract awarded to the MBE is counted toward the applicable MBE goals. 3) Once an eligible MBE firm is proposed to perform labor, work or services and/or provide materials under this contract, that eligible MBE firm must perform and/or supply as proposed. NO subcontract or substitution may be made therefor without prior written approval of the Snohomish County Grants Administration. 4) The CONTRACTOR may count toward its MBE goals expendi- tures for materials and supplies obtained from MBE suppliers and manufacturers, provided that the MBE assume the actual and contractual responsibility for the provision of the materials and supplies. F. 1) The successful bidder shall be selected on the basis of having submitted the lowest responsive bid and which has made a good faith effort to meet the MBE goal as established by HUD. 2) In determining whether a CONTRACTOR has made a good faith effort, the following may be considered: Page SGC-3 a) Whether the CONTRACTOR attended any presolicitation or pre-bid meetings that were scheduled by the recipient to inform MBEs of contracting and subcontracting opportunities; b) Whether the CONTRACTOR advertised in general circulation, trade association, and minority-focus media concerning the subcontracting opportunities ; c) Whether the CONTRACTOR provided written notice to a reasonable number of specific MBEs that their interest in the contract was being solicited, in sufficient time to allow the MBEs to participate effectively ; d) Whether the CONTRACTOR followed up initial solicitations of interest by contacting MBEs to determine with certainty whether the MBEs were interested. e) Whether the CONTRACTOR selected portions of the work to be performed by MBEs in order to increase the likelihood of meeting the MBE goals (including, where appropriate, breaking down contracts into economically feasible units to- facilitate MBE participation) ; f) Whether the CONTRACTOR provided interested MBEs with adequate information about the plans, specifications and requirements of the contract; g) Whether the CONTRACTOR negotiated in good faith with interested MBEs, not rejecting MBEs as unqualified without sound reasons based on a thorough investigation of their capabilities ; and h) Whether the CONTRACTOR effectively used the services of available minority community organizations; minority contractors' groups; local , state and federal minority business assistance offices; and other organizations that provide assistance in the recruitment and placement of MBEs. 3) The grantee will include a letter to the successful bidder setting forth the CONTRACTOR' s MBE obligations as a condition of the award. Such letter will be construed as a contract specification at the time of award. G. NUE_CgntKagt_C4mpi1aBge 1) If MBE work is diminished or deleted by change order, the contractor shall make a good faith effort to substitute other work of equivalent value to the same MBE or another substitute certified MBE or provide good faith effort documentation. Normal quantity underruns and overruns of an entire bid item which is performed by an MBE will be accepted without further good faith effort. Page SGC-4 2) Contract change orders which increase the Contract by more than ten percent (10%) of the total dollar value of the original Contract are subject to MBE participation requirements specified in Part 3 of these General Conditions. 3) After bid award the CONTRACTOR is required to execute and submit SNOHOMISH COUNTY signed copies of all subcontracts and purchase orders with minority owned firms within fifteen days after contract award. 4) During the term of the Contract any failure to comply with MBE good faith requirements shall be considered a material breach of contract. W90BU_EFEINES�_ENTERPRI S E Although no goals have been established by the Department of _ousing and Urban Development, Region 10 , regarding WBE participation, the CONTRACTOR shall, pursuant to Executive Order 11246 as amended by Executive Order 11375 , not discriminate on the basis of race, color , national origin and sex. Contractors are encouraged to utilize WBEs and must report to the grantee subcontract awards . 4 . NQNPI6QRIMIN6TJQN_BUD-LiFFIENKIYE_UTI4N_IN_EMFLQYMENT During the performance of this contract, the CONTRACTOR agrees as follows: A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, creed, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer ; recruitment advertising, lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees, and applicants for employment, notices to be provided by or at the direction of the government setting forth the provisions of this Equal Opportunity clause. B. The CONTRACTOR will, in all solicitations or advertisements employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, creed, sex or national origin. C. The CONTRACTOR will send to each labor union or representative workers with which s/he has a collective bargaining agreement or other contract or understanding, a notice to be provided by or at the direction of the government advising the said labor union or workers' representative of the CONTRACTOR' s Page SGC-5 commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The CONTRACTOR will comply with all provisions of Executive Order No. 11246 of September 24 , 1965 , and of the rules, regulations, and relevant orders of the Secretary of Labor . E. The CONTRACTOR will furnish all information and reports required Executive Order No. 11246 of September 24 , 1965 , and by the rules, regulations, and orders of the Secretary of Labor , or pursuant thereto, and will permit access to his books, records , and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of CONTRACTOR' s noncompliance with the Equal Opportunity clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24 , 1965 , or by rule, regulation, or order of the Secretary of Labor or as otherwise provided by law. G. The CONTRACTOR will include this section 4 (A-G) , in its entirety in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24 , 1965 , so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontractor or purchase order as the government may direct as a means of enforcing such provisions including sanctions for noncompliance ; PROVIDED, bQW2YQ1, that in the event a CONTRACTOR becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the government, the CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States. 90LE_MD-TIME TULEE The goals and timetables for minority and female participation, expressed in percentage terms for the CONTRACTOR' s aggregate workforce in each trade on all construction work in the covered area, are as follows : MiLigrity-QQalz 811_Tt4dez GQalg_lEergeDtl Until Further Notice 7 .2 Page SGC-6 Until Further Notice 6 .9 These goals are applicable to all of the CONTRACTORS' construction work (whether or not it is Federal or federally-assisted) performed in the covered area. Whenever the CONTRACTOR, or any subcontractor at any tier , subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10 ,000 the applicable goals for minority and female participation. The CONTRACTOR shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 5 . ELAFLQXMENT_QF_RRQJECT_AREA_USI DENTS_MD_QOTRAMRE A. The work to be performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the - Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U. S.C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project. B. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135 , attached hereto as Exhibit "B", and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The CONTRACTOR will send to each labor organization or representative of workers with which he has collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers representative of his commitments under this Section 3 clause and shall post copies of the notice in a conspicuous places available to employees and applicants for employment or training. D. The CONTRACTOR will include this Section 3 clause in every subcontract for work in connection with the project and will , at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in Page SGC-7 violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135 . The CONTRACTOR will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 , and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with provisions of Section 3 , the regulations set forth in 24 CFR Part 135 , and all applicable rules and order of the Department issues thereunder prior to the execution of the Agreement, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns, to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specific by 24 CFR 135 . 6 . CONFTLICT_QF_INTERE3ST The CONTRACTOR covenants that no person who presently exercises any functions or responsibilities in connection with the project, has any personal financial interest, direct or indirect, in this Contract. The CONTRACTOR further covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract no person having any conflicting interest shall be employed. Any interest on the part of the CONTRACTOR or his employees must be disclosed to the Agency and the OWNER. 7 . CERTIEICZTIQN-RRQ UPI NS_LQUYINQ Incorporated as part of this Agreement is Attachment "A" concerning prohibitions and requirements for disclosure and certifications related to lobbying. 8 . R�QI�TRAT�Q�T_�NQ_L�QENBR The CONTRACTOR covenants that it is registered and licensed as may be required by the laws of the State of Washington. 9 . B-MINQ The CONTRACTOR shall provide a performance and payment bond (s) as required by RCW 39.08 .010. 10• RETASNEQ_P RQ�NTaSE There shall be reserved from monies earned by the CONTRACTOR during progress of the Contract work a sum Dgt t4 exceed five Page SGC-8 percent (5%) , said retained percentage to be held and disbursed in accordance with the provisions of RCW 60 .28 . 010-.080 . 11 . Q�FS�QR�_ITE�S The CONTRACTOR shall furnish, upon completion of the Contract, a certified statement setting forth the nature and source of offshore items which have been utilized in performance of the Contract, as required by RCW 39 .25.030. "Off-shore items" shall mean those items procured from sources beyond the territorial boundaries of the United States. 12. ThXES The CONTRACTOR agrees to pay all taxes including sales tax, and assessments due the State of Washington, or any subdivision thereof, and to furnish the Contractee a certificate from the Department of Revenue of the State of Washington that all taxes, increases and penalties due from the CONTRACTOR and all taxes due and to become due with respect to such contract have been paid in full. 13 . FSROITS The CONTRACTOR shall secure all municipal , county or state permits or licenses necessary or incident to the actual performance of the work under this Contract, and shall, during its progress, comply with all laws, ordinances, and governmental regulations pertaining to carrying out of the work. 14. � SIIN� Use Snohomish County Form No. PU-10 (6/79) . OR If Standard ACORD 25 form is used, it must be modified to meet the requirements shown below (underlined) as well as minimum coverages. JJ4LJ?_HBBL4L.E55 The CONTRACTOR shall hold harmless from and indemnify Snohomish County against all claims, suits, actions, costs, counsel fees, expenses, damages, judgements or decrees by reason of any person or persons or property being damaged or injured by the CONTRACTOR or any of his subcontractors, or any person employed under said CONTRACTOR, or under any of his subcontractors, or in any capacity during the progress of the Work, whether by negligence or otherwise. CONTRACTOR shall obtain and maintain continuously public liability insurance and/or other insurance necessary to protect the public with limits of liability not less than: Page SGC-9 $100 ,000 each person bodily injury; $300 ,000 each occurrence, bodily injury; $50 ,000 each occurrence, property damage ; with appropriate coverage endorsements to include broad form contractual , broad form property damage, CONTRACTOR' s protective, auto and non-owned auto, where applicable. The CONTRACTOR shall provide the contractee with a certificate of such insurance, naming as additional insureds the contractee, its officers, agents and employees. The CONTRACTOR expressly agrees to pay all premiums provided for by the Workers Compensation Act of the State of Washington and either to make payment of the same to the Contractee or to furnish to the Contractee evidence of payments of such premiums as required by law. 15 . A. The CONTRACTOR agrees to begin the work embraced in this Contract immediately after receiving written notice from the OWNER and further agrees to carry on such work regularly and uninterruptedly thereafter with such force as to secure its completion within the number of days shown in the proposal, Sundays and Holidays included, after such notice to begin work; the time of beginning, rate of progress and time of completion being essential conditions of this Contract. B. It is understood that the whole of the work under this Contract is to be done at the CONTRACTOR' s risk, and that he has familarized her/himself with the conditions of excava- tion, back fill, materials, climatic conditions, and other contingencies likely to affect the work, and has made her/his bid accordingly, and that s/he is to assume the responsibility and risk of all loss or damage to materials or work which may arise from any cause whatsoever prior to completion. C. This Contract shall not be assignable. The CONTRACTOR shall be liable for all acts and omissions of her/his subcontractor. D. Said Contract shall be under the supervision of the OWNER or its designated representative, and subject to its approval of performance during the course of the contract and the Owner ' s final acceptance of the work hereunder. E. If the CONTRACTOR fails to complete the work by the specified time s/he shall pay the OWNER as liquidated damages, $100_00 per day for each day of delay. The foregoing provisions is in addition to and not in limitation of any other rights or remedies available to the OWNER. F. The CONTRACTOR shall not be entitled to any claim for damages on account of hinderances or delays from any cause whatsoever, but if occasioned by an act of God, or by any act or omission on the part of the OWNER, such act, hinderance, or delay may Page SGC-10 entitle the CONTRACTOR to an extension of time in which to complete the work which shall be determined by the Architect ; provided, that the CONTRACTOR will give notice in writing of the cause of such act, hindrance, or delay within ten (10) days after its occurrence. G. The CONTRACTOR guarantees the excellence of both workmanship and material, and the payment of all obligations incurred until the work is finally accepted and for one year thereafter, and until the provisions of the.-Contract Documents are fulfilled. H. Neither the final Certificate of Payment nor any provision of the Contract nor partial or entire use of the installation provided for in this Contract by the OWNER shall constitute an acceptance of the Work not done in accordance with the Contract or relieve the CONTRACTOR of liability with respect to any warranty or responsibilities for faulty material or workmanship. The CONTRACTOR shall be under the duty to remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within a period of one year from final acceptance of the work, unless a longer period is specified. The OWNER will give notice of observed defects as herein specified with reasonable promptness after discovery thereof. I. In the event a claim shall be filed against the OWNER growing arising out of the performance of the Contract by the CONTRACTOR whether baseless or not, the OWNER shall have the right to retain from the sum due the CONTRACTOR sufficient money to satisfy the claim until said claim has been withdrawn or dismissed by a court of competent jurisdiction. The OWNER shall not be liable for interest during the period the funds are so held. J. On a monthly basis the OWNER will submit to the CONTRACTOR a Progress Payment based upon a duly certified and approved estimate of the work performed during the preceding calendar month under the Contract, provided that federal and state requirements have been met. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the OWNER to require fulfillment of all the terms of the contract. The CONTRACTOR agrees that he will indemnify and save the ..WNER harmless from all claims growing out of the lawful demands of subcontractors, labors, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, Page SGC-11 equipment, power tools, and all supplies, including commissary, included in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER' s request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have to be paid, discharged, or waived. If the CONTRACTOR fails to do so, then the OWNER may, after having served written notice on the said CONTRACTOR, either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR' s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR, and any payment so made by the OWNER, shall be considered as a payment made under the Contract by the OWNER to the CONTRACTOR, and the OWNER shall not be liable to the CONTRACTOR for any such payment made in good faith. K. It is agreed by the CONTRACTOR that venue for any lawsuit arising out of this Contract shall be Snohomish County. CONTRACTORs shall include a stipulation of venue in Snohomish County clause in all subcontracts hereunder. 16 . TBENJ 1 LTIQU A. 'QI_I?� ��1 _4 _�4�1T$A��4R In the event that any of the provisions of this Contract are violated by the CONTRACTOR, or by any of his/her subcontractors, the OWNER may serve written notice upon the CONTRACTOR and the Surety of its intention to terminate the Contract, such notices to contain the reasons for such intention to terminate the Contract, and unless within ten (10) days after the serving of such notice upon the CONTRACTOR, such violations or delay shall cease and satisfactory arrangement or correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the OWNER shall immediately serve notice thereof upon the Surety and the CONTRACTOR, and the Surety shall have the right to take over and perform the Contract; PROVIDED, however, within ten (10) days from the date of the registered mailing to such Surety of notice of termination, the OWNER may take over the work and prosecute the same to completion by Contract or by force account and at the expense of the CONTRACTOR, and the CONTRACTOR or his/her Surety shall be liable to the OWNER for any cost in excess of the Contract amount occasioned by the _WNER thereby, and in such event the OWNER may take possession of and utilize in completing the work, such materials, Page SGC-12 appliances, and plants as may be on the site of the work and necessary therefore. B. FQr_O4nY�Ui�B��_4�_O1dNLR If the OWNER shall consider it necessary or desirable for any reason whatsoever before completion of the work hereunder to postpone or abandon further operations, this Contract may be terminated by the OWNER and in that event the OWNER shall pay the CONTRACTOR in full settlement of all claims by it hereunder such proportion of the contract price due to it hereunder as the work actually completed bears to the entire work under the Contract, as determined by the OWNER to settle claims against or pay indebtedness of CONTRACTOR in accordance with the provisions of the Contract. 17 . URMIO_OLAIMU The CONTRACTOR(s) shall turn over all the work under this contract ' E free and clear from all liens, claims and demands of every person whomsoever and agrees to indemnify and preserve harmless the OWNER r and its property from all actions, causes of action, claims or J liens asserted by any person whomsoever on account of the furnishing of any money, services, equipment, labor , material, machinery, or supplies used 'in the prosecution of said Work, ` either to the CONTRACTOR or otherwise, or for injuries to persons or property in the prosecution of the Contract. I �. NUNN Any notice from one party to the other pary under the Contract shall be done in writing and shall be dated and signed by the party giving such notice or by the duly authorized representative of such party. Any such notice as heretofore specified shall be by personal delivery thereof or by depositing same in the United States mail , postage prepaid and registered. 19. MNYMOINBE TTU--_BOLLIIMN---ML__EBBSBFULTION__DF--PUBLIC--MUML In addition to the requirements set forth in General Conditions, the CONTRACTOR shall comply with all local, Washington State, and Federal statutes and regulations dealing with the prevention of environmental pollution and preservation of natural resources in accordance with RCW 39 .04 .120 (Ch 62, Sec. 1, Laws of 1973 , lst nxSess) . A compilation of state and federal provisions which are relevant to municipal construction projects and referred to " most often, are contained in Information Bulletin No. 360 entitled, t "Federal and State Regulations Relating to Preservation of I Environmental Pollution and the Preservation of Public Natural Resources" as compiled by the Association of Washington Cities. Copies of this bulletin are available for reference at public libraries or can be purchased from the Association of Washington Cities at 4719 Brooklyn Avenue N. E. , Seattle, WA 98105. Page SGC-13 In addition to the state and federal requirements, the CONTRACTOR shall comply with the Puget Sound Air Pollution Control Agency' s Regulation 1 and regulations and policy letter. 20 . G.UMMU Neither the final certificate of payment nor any provision in the Contract Documents nor general acceptance by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents. In the event of any defect or defects in the workmanship or materials entering into any part of this Work shall develop or be discovered within one year from the date of final acceptance of the Work, such defect or defects shall be remedied by the CONTRACTOR at his expense. b-subec r8/90 Page SGC-14 Attachment 7 Federal Labor Standards Provisions U-S. D"WVnernt of Hawing and Urban Deve6opment • ir The Project or Program to which the construction work covered by this HUD or Its designee shall rotor the questions,including IN news of all contract pertains is being assisted by the United States of America and the Interested parties and the recommendation of HUD or its designee,to the following Federal Labor Standards Provisions are included in Vila Contract Administrator for determination.The Administrator,or an&~zed repro. pursuant to the provisions applicable to such Federal asslwanc& eentative,will Issue a determination within 30 days of receipt and so advise A.1.m Mli*xxh Wapes.All laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within the 30-day ing upon the sits of the work(or under the United States Housing Act of period that additional time Is necessary. 1937 or under the Housing Act of 1049 In the construction or development (Approved by the 140.) M Man- 1937 aperrent and Budget under OMB Control Number 1215-0140.) of the project),will be paid unconditionally and not less often than once a (d)The wage rate(Including hinge benefits where appropriate) week,and without subsequent deduction Of rebels on any account(except determined pursuant to subparagraphs(I Kb)or(c)of this paragraph,shall such payroll deductions as are permitted by regulation@ Issued by the be paid to all workers performing work In the classification under this con- Secretary of Labor under the Copeland Act(29 CFR Part 3),the full amount trap from the first day on which work is performed In the classification. of wages and bone fide hinge benefits(or cash equivalents tltereof)due at (119 Whenever the minimum ways rate prescribed in the contract for a lime of payment computed at rates not less than those contalned in the class of laborers or mechanics Includes a fringe benefit which is not wage determination of the Secretary of Labor which is attached hereto and expressed as an hourly rate,the contactor shall elther pay the benefit as made a part hereof,regardless of any contractual relationship which may stated in the wage determination or shall pay another bona fide hinge be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent Mersol. mechanics.Contributions made or costs reasonably anticipated for bona (fir)If the contractor does not make fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act on behalf payments to a trustee or other hard parson,the contractor may consider as part oft the wages of any laborer or of laborers or mechanics are considered wages paid to such laborers or mechanic the amount of any costs reasonably anticipated in providing mechanics,subject to the provisions of 29 CFR'5.5(a111Kiv);also,regular bona fide fringe benefits under a plan or program,Provided.That the contributions made or costs incurred for more than a weekly period(but Secretary of labor has found.upon the written request of the contractor, not Ion often than quarterly)under plans,funds,or programs,which cover that the ap illcsble standards of the Davis-Bacon Act have been met The the particular weekly period,are deemed to be constructively made or Secretary of tabor may require Me contractor to set aside In a separate Incurred during such weekly period. account assets for the meeting of obligations under the plan or program. Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget under OMB Control and fringe benefits on the wage determination for the classification of work Number 1215-0140.) actually performed,without regard to skill,except as provided in 29 CFR t Withholding.HUD or its designee shall upon its own action or upon Part 5.5(aX4).Laborers or mechanics performing work in more than one written request of an authorized representative of the Department of Labor classification may be compensated at the ate specified for each ctassifica- withhold or cause to be withheld from the contractor under this contract or don for the time actually worked therein:Provided.That the employers pay- any other Federal contract with the same prime contractor,or any other roll records accurately set forth the time spent in each classification In Federally-assisted contract subject to Davis-Bacon prevailing wage which work is performed.The wage determination(including any additional requirements,which is held by the same prime contractor so much of the classification and wage rates conformed under 29 CFR Part 5.5(aXWQ and accrued payments or advances as may be considered necessary to pay the Davis-Baton poster(WH-1321)shall be posted at all times by the con- laborers and mechanics,including apprentices,trainees and helper, tractor and Its subcontractors at the site of the work In a prominent and employed by the contractor or any subcontractor the full amount of wages accessiblq place where it can be easily seen by the workers. required by the contract in the event of failure to pay any laborer or (n(a)Any class of laborers or mechanics which is not listed in the mechanic.Including any apprentice,trainee or helper,employed or working wage determination and which is to be employed under the contract shall on the site of the work(or under the United States Housing Act of 1937 or be caessified In conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or development of the approve an additional classification and wage rate and fringe benefits projecq,all or part of the wages required by the contract HUD or its desig- therefore only when the following criteria have been met ' nee may,after written notice to the contractor,sponsor,applicant or owner, (1)The work to be performed by the classification requested is not take such action es may be necessary to cause the suspension of any performed by a classification in Mine wage determination;and further payment advance,of guarantee of funds until such violations have (2)The classification is utilized in the area by the construction ceased.HUD or its designee may,after written notice to the contractor,dis- industry;and bunte such amounts withheld for and on account of the contractor or sub. (3)The proposed wage rate,including any bona fide fringe bens- contractor to the respective employees to whom they are due.The Comp- fits,bears a reasunable relationship to the wage rates contained In the troller General shall make such disbursements in the case of direct wage determination. Davis-Bacon Act contracts. . (b)If the contractor and the laborers and mechanics to be employed 3.m PayroUa and bask records.Payrolls and basic records relating in the classification(If known),or their representatives,and HUD or Its thereto shall be maintained by the contractor during the course of the work designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laborers and designated for fringe benefits where appropriate),a report of the action mechanics working at the site of the work(or under the United States taken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937.or under the Housing Act of 1949,in the construction and Hour Division,Employment Standards Administration,U.S.Department or development of the project).Such records shall contain the name, of labor,Washington,D.C.20210.The Administrator,or an authorized address,and social security number of each such worker,his or her car. representative.will approve,modify,or disapprove every additional elassifi- fact classification,hourly rates of wages paid(including rates of contnbu• cation action within 30 days of receipt and so advise HUD or Its designee bons or costs anticipated for bona fide fringe benefits or cash equivalents or will nobly HUD or Its designee within the 30-day period that additional thereof of the types described in Section 1(bN2XB)of the Days-b;con Act), time is necessary.(Approved by the Office of Management and Budget daily and weekly number of hours worked,deductions made and actual under OMB control number 1215-0140.) wages paid.Whenever the Secretary of Labor has found under 29 CFR 5 5 (c)In the event the contractor,time taborors or mechanics to be (axlKiv)that the wages of any laborer or mechanic include the amount of employed in Me classification or their representatives,and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro. designee do not agree on the proposed classification and wage rate gram described in Section 1(bx2XB)of the Davis-Bacon Act the contractor (including the amount designated for fringe benefits,where appropriate), shell maintain records which show that the commitment to provide such PrQvieias Edition it Ohr0101116 HUD-4010(2-041 (NO 1344 11 benefito is enforceable,that the plan or program is financially responsible, apprentice.The allowable ratio of apprentices to journeymen on the lob site and that the plan or program has been communicated in writing to the in any craft classification shall not be greeter than the ratio permitted 10 the laborers or mechanics affected,and records which show the costs antici- contractor as to the entire work force under the registered program Any posed or the actual cost incurred In providing such benefits.Contractors worker listed on a payroll at an apprentice wage rate,who is not repialered employing apprentices or trainees under approved programs shall maintain or otherwise employed as stated above,shall be paid not less than the written evidence of Use registration of apprenticeship programs end cenifi- applicable wage rate on the wage determination for the classification of cation of trainee programs,the registration of the apprentices and trainees, work actuelly performed.In addition,any apprentice performing work on and to ratios and wage rates prescribed In to applicable programs. Use job aft In excess of the ratio permitted under the registered program (Approved by the Office of Management and Budget under OMB Control shall be paid not less than the applicable wage rate on the wage determi- Numbera 1215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing (11)(a)The contractor shell submit weekly for each week in which any construction on a project In a locality otter than that in which its program is contract work Is performed a copy of all payrolls to HUD or Its designee It registered,the ratios and wage rates(expressed in percentages of the jour- the agency Is a party to the contract.but If the agency Is not such a party, neymen's hourly rate)specified In the contractor's or subcontractor's regis- the contractor will submit the payrolls to the applicant,sponsor,or owner, tered program shall be observed.Every apprenctice must be paid at not as the case may be,for transmission to HUD or its designee.The payrolls less then the rate specified in the registered program for the apprentice's submitted shall set out accurately and completely all of the Information level of progress,expressed as a percentage of the journeymen hourly rate required to be maintained under 29 CFR Part 5.5(ax3)0).This information specified In the applicable wage determination.Apprentices shall be paid may be submitted in any form desired.Optional Form WH-347.Is available fringe benefits In accordance with the provisions of the apprenticeship for this purpose and may be purchased from the Superintendent of Docu- program.If the apprenticeship program does not specify fringe benefits. ments(Federal Stock Number 029-005-00014-1),U.S.Government Printing apprentices must be paid the full amount of hinge benefits listed on the Office,Washington,DC.20402.The prime contractor Is responsible for the wage determination for the applicable classification.0 the Administrator submission of copies of payrolls by all subcontractors.(Approved by the determines that a different practice prevails for the applicable apprentice Office of Management and Budget under OMB Control Number classification,hinges shall be paid in accordance with that determination,In 1215-0149.) the event the Bureau of Apprenticeship and Training,or a State Appren- (b)Each payroll submitted shall be accompanied by a"Statement of ticeship Agency recognized by the Bureau,withdraws approval of an Compliance,"signed by the contractor or subcontractor or his or her agent apprenticeship program,the contractor will no longer be permitted to utilize who pays or supervises the payment of the persons employed under the apprentices at less than the applicable predetermined rate for the work contract and shall certify the following: performed until an acceptable program is approved. (1)That the payroll for the payroll period contains the Information 09 Trainee.Except as provided In 29 CFR 5.16.trainees will not be required to be maintained under 29 CFR Part 5.5(ax3)(q and that such permitted to work at less than the predetermined rate for the work per- information Is correct and complete; formed unless they are employed pursuant to and individually registered In (2)That each laborer or mechanic(Including each helper, a program which has received prior approval,evidenced by formal certifi- apprentice,and trainee)employed on the contract during the payroll period cation by the U.S.Department of Labor,Employment and Training Admini- has been paid to full weekly wages earned,without rebate,slither directly stration.The ratio of trainees to journeymen on the job site shall not be or Indirectly,and that no deductions have been made either directly or Indl- greater than permitted under the plan approved by the Employment and rectly from the lull wnges eemed,other than permissible deductions as set Training Administration.Every trainee must be paid at not less than fie rate forth In 29 CFR Pail 3; specked in the approved program for the trainee'a level of progress, (3)That each laborer or mechanic has been paid not less than the expressed as a percentage of the journeymen hourly rate specified in the applicable wage rates and hinge benefits or cash equivalents for the clas- applicable wage determination.Trainees shall be paid fringe benefits in sicalion of work performed,as specified in the applicable wage determine- accordance with the provisions of the trainee program.ti the trainee pro- tion incorporated into the contract gram does not mention hinge benefits,trainees shall be paid the full (c)The weekly submission of a properly executed certification sat amount of fringe benefits listed on the wage determination unless the forth on the ow rse side of Optional Form WH-347 shall satisfy the Administrator of the Wage and Hour Division determines that there is an requirement for submission of the"Statement of Compliance"required by apprenticeship program associated with the corresponding journeyman paragraph A.3.pq(b)of this secton. wage rate on the wage determination which provides for less than lull (d)The falsification of any of the above certifications may subject the fringe benefits for apprentices.Any employee listed on the payroll at a .contractor or subcontractor to civil or criminal prosecution under Section trainee rate who is not registered and participating in a training plan 1001 of Title 18 and Section 231 of Title 31 of the United States Code. approved by the Employment and Training Administration shalt be paid not (IV)The contractor or subcontractor shall make the records required less than the applicable wage rate on the wage determination for the work under paragraph A.3.01 of this section available for inspection,copying,or actually performed.In addition,any trainee performing work on the job am transcription by authorized representatives of HUD or its designee or the In excess of the ratio permitted under the registered program shall be paid Department of Labor,and shall permit such representatives to Interview not less than the applicable wage rate on the wage determination for the employees during working hours on the job.If the contractor or subcon- work actually performed.In the event the Employment and Training Admin- tractor falls to submit the required records or to make them available.HUD istration withdraws approval of a training program,the contractor will no or Its designee may,after written notice to the contractor,sponsor,appli- longer be permitted to utilize trainees at less than the applicable predelsr. cant,or owner,take such action as may be necessary to cause the sus- mined rate for the work performed until an acceptable program is pension of any further payment advance,or guarantee of funds.Further- approved. more.failure to submit the required records upon request or to make such (111)Equal employment opportunity.The utilization of apprentices, records available may be grounds for debarment action pursuant to 29 lrsinees and journeymen under this part shall be in conformity with she CFR Part 8.12. equal employment opportunity requirements of Executive Order 11246.a• 4.m Apprentices and Trakroes.Apprentices.Apprentices will be per- amended,and 29 CFR Part 30. miffed b work at less then the predetermined rate for the work they per- S.Compliance wMh Copeland Act requirements.The contractor shall formed when they are employed pursuant to and individually registered in a comply with the requirements of 29 CFR Pan 3 which are incorporated by bons fide apprenticeship program registered with the U.S.Department of reference in this contract Labor.Employment and Training Administration,Bureau of Apprenticeship 6.Subcontracts.The contractor or subcontractor will insert in any sub. and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5.5(axl)through(10)and such Bureau,or If a person Is employed in his or her first 90 days of probationary Other clauses as HUD or its designee may by appropriate Instructions emWoyrrent as an apprentice in such an apprenticeship program,who Is require,and also a clause requiring the subcontractors to include these not Individually registered in the program,but who has been certified by the clauses in any lower tier subcontracts.The prime contractor shall be Bureau of Apprenticeship and Training or a State Apprenticeship Agency responsible for the compliance by any subcontractor or lower tier subeon- (where appropriate)to be eligible for probationary employment as an tractor with all the convect clauses in 29 CFR Part 5.5. HUDA01012•MA1 7.Contract,rsrrrhkhaaon;debarment A beach of the contract clauses in pensatlon at a rate not less then one and one-half times the basic rate of 29 CFR 5.5 may be grounds for termination of the contract and for debar- pay for all hours worked in ment as a contractor and a subcontractor as provided in 29 CFR 5.12. excess of"hours in such workweek I.Compliance wOh Darts-Bacon and Re1Nad Act Requirements.All rul- (2)Vioia6m;9abl ity for unpaid wages;liquidated daffwge+.In the ings and interpretations of the Davis-Bacon and Related Acts contained in event of any violation of the clause set forth in subparagraph(1)of this 29 CFR Parts 1,3,and 5 are herein incorporated by reference in this paragraph,the contractor and any subcontractor responsible thherelor shall contract. be liable for the unpaid wages.In addition,such contractor and subcon- 9.Dbpuwa concerning labor standards.Disputes arising out of the labor tractor shall be liable to the United States(in the case of work done under standards provisions of this contract shall not be subject to the general contract for the District of Columbia or a territory,to such District or to such disputes clause of this contract Such disputes shall be resolved in actor- territory),for liquidated damages.Such liquidated damages shall be com- denoe with the procedures of the Department of labor set forth In 29 CFR puted with respect to each individual laborer or mechanic,including Parts 5,6,and 7.Disputes within the meaning of this clause Include die- watchmen and guards,employed in violation of the clause set forth in sub- putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph,in the sum of$10 for each calendar day on designee,the U.S.Department of Labor,or the employees or their which such individual was required or permitted to work representatives. In excess of the standard workweek of forty hours without pay- 10,m CertHcaton of E 1gitAlly.By entering into this contract the con- mart of the overtime wages required by the clause set forth in subpara- tractor certifies that neither It(nor he or she)nor any person or firm who graph(1)of this paragraph. has an interest in the contractor's firm is a person or firm ineligible to be (3)Withholding for unpaid wages and Ilquidated damages.HUD ur its awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon written request of an autho- Bacon Act or 29 CFR 5.12(axt)or to be awarded HUD contracts or partici- rized representative of the Department of Labor withhold or cause to be pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of work performed by the (9)No part of this contract shall be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Federal ineligible for award of a Government contract by virtue of Section 3(a)of contract with the some prime contract or any other Federally-assisted con- the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts tract Subject to the Contract Work Hours and Safety Standards Act which or participate in HUD programs pursuant to 24 CFR Part 24. is held by the Same prime contractor such sums as may be determined to (9)The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor Criminal Code,18 U.S.C.1001.Additionally,U.S.Crimnal Code,Section for unpaid wages and liquidated damages as provided in the clause set 1010.Title 18,U.S.C."Federal Housing Administration transactions",pro- forth in Subparagraph(2)of this paragraph. vides in part"Whoever.for the purpose of. . Influencing in any way the (4)Subcontracts.The contractor or Subcontractor shall insert in any action of Such Administration. . . makes,utters or publishes any statement Subcontracts the clauses set forth in Subparagraph(1)through 14)of this knowing the same to be false. . . shall be fined not more than$5,000 or paragraph and also a clause requiring the subcontractors to include these imprisoned not more than two years,or both." clauses in any lower tier Subcontracts.The prime contractor shall be 11.Complaints,Proceedings,or Testimony by Empk>yeea.No laborer or responsible for compliance by any Subcontractor or lower tier Subcontrac- mechanic to whom the wage,salary,or other labor standards provisions of for with the clauses set forth in subparagraphs(1)through(4)of this this Contract are applicable shall be discharged or In any other manner paragraph, liscriminated against by the Contractor or any subcontractor because such C.Halt,and Safety employee has filed any complaint or instituted or caused to be instituted (1)No laborer or mechanic shall be required to work in surroundings any proceeding or has testified or is about to testify in any proceeding or under working conditions which are unsanitary,hazardous,or danger- under or relating to the labor standards applicable under this Contract to ous to his health and safety as determined under construction safety and his employer• health standards promulgated by the Secretary of Labor by regulation. 15 Contract Work Hours and 80*Standards AN.As used in this para- (2).The Contractor shall comply with all regulations issued by the graph,the terms"laborers"and'mechanics"include watchmen and Secretary of Labor pursuant to Title 29 Part 1926(formerly part 1518)and guards. failure to comply may result in imposition of sanctions pursuant to the Con. (1)Overtime requirements.No contractor or subcontractor contracting tract Work Hours and Safety Standards Act(Public law 91-54.83 Stet 96). for any part of the contract work which may require or involve the employ- (3)The Contractor shall include the provisions of this Article in every ment of laborers or mechanics shall require or permit any such laborer or Subcontract so that such provisions will be binding on each subcontractor. mechanic in any workweek in which he or she is employed on such work The Contractor shall take such action with respect to any Subcontract as to work in excess of forty the Secretary of Housing and Urban Development or the Secretary of Labor hours in such workweek unless such laborer or mechanic receives com- stall direct as a means of enforcing such provisions. HUD-4010(2.94) Attachment 8 Ch. 1—Office of Asst. Secy., Equal Opportunity 130.100 PART 135—EMPLOYMENT OPPORTUNI. TIES FOR BUSINESSES AND LOWER IN. COME PERSONS IN CONNECTION WITH ASSISTED PROJECTS see. ub Subpart A--asnerel 136.1 Purpoee and scope of part. 186.E Dea=tlons. 135.10 Delegation to Aaelstant 8ecetw7 for Lqu►l Opportunity. 135.18 Determination o1 the area of a **a- tlon 3 covered project. 136.90 Assurance of compliance with regu- lations. 18858 Bidding and negotiation requirw- ments. 136.30 Other applicant and recipient obllga- tiona. 136.86 Xffectustlon of applicant obligations In direct and indiroot relation- ships. Subpart 8. 111111ration of Lower Income Area Residents as Trainees 135AO General, 136.4t• Eatabltebtng number of tralaees. 135.50 Good faith effort. Subpart C--Ullllratlon of Loner Income Area Residents as Employees 135.66 General. 138.60 Good faith effort. Bubpart 0 4JUJIratlon of Business Located In sr Owned In Substarrual Art by persons ResldhM In the Ara& 135.86 General. 135.70 Developmont of an atLrmative go- Lion plan. Subpart E--Psrticipallon In Approved ►rggarns 135.73 Participation as evidence of oam_ Puente with section 3 require- manta. Subpart F—arlevanee and Compliance Revier 13G.80 Who may Me grievance. 13G.86 Oontent of grievance rilings. 136.00 Form of grievance filingb. 135.06 Pluce of filing. 135.100 Tlrue of flung. 135.106 PToct3Ftng of grievance f111ng3. 135.110 liearing3. 136.115 Compllnneo reviews end procedures. Subpart a—Miscellansom 135.120 Reporting and recordkoaping. 185.176 Implementing proceduma and In- structions. 135.130 Labor standards. 135.115 sanctions. 135.140 Effective dato. AOTlfokrry: Bco. 3 of the Hou3log and Urban Development Aet of 19a8, 17 D.B.O. 1701u, and boo. 7(d). Depurtmout of RM Act,42 UB.C.3536(d). 90uecs: 30 FR 99991, Oct. 23, 1973, unless otberxtao notod. 207 I 4135.1 Title 24—Housing and Urban Development Subpart "eneral responalbllitles under section 3 of the 1135.1 Purpose and scope of part. Housing and Urban Development Act of ta) (1) The regulations set forth 1968, ae he finds appropriate and may, In as named' amplify any regulations is- this part contain the proceduresestab-lished by the Secretary of Housing and sued pursuant to section 3, through Urban Development for carrying out his guidelines,handbooks,cLrcular•s,or other responsibilities under section 3 of the means. Housing and Urban Development Act of li 135.S Definitions. 1968, lZ U.B.C. 1701u. That section re- As used In this Parma ire qus that: , ` ire In the administration b the See- (a) "Applicant" means any entity rota n he ad � y seeking assistance for a project Includ- ry and Urban Develop- ing. but not llmited to mortgagors, went of prourams providing direct ftnan- developers, local public bodies, nonpront. clal assistance In aid of housing, urban or limited dividend sponsors, bullders,or Planning. development, redevelopment, property managers. or renewal, public or community facili- (b) "Business concerns located within ties, and new community development, the sectlon 3 covered the Secretary shall— project area ' (1) Require, In coruultztlon with the ans me those individuals or firms located within the relevant section 3 covered Secretary of Labor, that W the greatest project area as determined pursuant to extent feasible opportunities for train- , 135.16, listed on the Department's Ing and employment arlqng In connec- registry of c;lgible business concerns,and tion ,vith the planning and carrying out which qualify as small under the small of any project assisted under any such business size standards of the Small program be given to lower income per- Business AdminlstraLlon. sons residtnc in the area of such project;and (o) "Business concerns owned In sub- a ..� ,• (IU Require.'In 'consultation with the stantial part by persons residing In the section 3 covered project area Administrator of the Small Business Ad- e mean- minlstratfon, that to the greatest extent those business concerns welch are e51 s per- cent or more owned by persons re feasible contracts for work to beiding per- within the relevant section 9 coveredvexed formed In connection with any such project as determined project he awarded to business concerns, pursuant to including but not limited to Individuals 6 13Sm owned es persons considered be or firms doing business in the held of the Small Business A fly disadvantaged. n g d. socially or economically dlsadvantngcd, planning, consulting, design, architec- listed on the Department's registry of tore, building construction, rehabilita- eligible business concerns,tion. maintenance, or repatr, which are and whichqualify as under the small business located in or owned in substantial part size standards of the Small Business Ad- by persons residing in the area of such ministration. project. (d) "Contracting aLn (b) In the development of these entity which contracts with a cone actor regulations the Secretary has consulted for the performance of work in connec- Administrator oft the Smwith the Secretary of all Business Ad-bor and the ties with a section 3 covered project. ministmtlon and mutual agreement has (e) "Contractor" means any entity been reached with respect to the coordl- which performs work In connection with nation of employment and training a section 3 covered project. efiorte and contracts awards under these (f) "Department" means the Depart- regulations by the Department of IIous- ment of 1I0using and Urban Develop- ing and Urban Development, the Depart- ment. meet of Labor, and the Small Business (9) "Lower Income resident of the Administration. area- means any Indlvldual whn rrsidee (c) The regulations as set forth in this within the area of a section 3 covered Part, particularly Subparts C and D of project and whose family income does not this part, shall serve to deAne "to the exceed 00 percent of the median income greatest extent feasible" as that term is Area!n the Standard Mety if tropolitan mulls an applied in section 3 of the Housing rued SN13A)olnyh bleb the section 3Ccovered Urban Development Act of 1068. project 1s "'111located. (d) Teo Secretary will Lnsuo such fur- (h) "Political Cher regulations in connection with 11Ls lurlscUctlon" yenta a ti PollticnJly organized community with • 208 i a I' u - Ch. 1—Office of Asst.Secy., Equal Opportunity 4 135.20 governing body having general govern- § 135.15 Determination of the area of mental powers. a section 3 covered project. (1) "Recipient" means any entity who GO The area of a section 3 covered received assistance for a project includ- project shall be determined as follows: 1ng. but not limited to, mortgagors. (1) The boundaries of a section 3 coy- developers, local public bodies, nonprofit eyed project located' or limited dividend sponsors, builders or (1) Within a geographic area deslg- property managers, nated as an urban renewal area pursuant M 'Secretary" means the Secretary to the provisions of title I of the Housing of Housing and Urban Development. Act of 1949. 42 U.S.C. 1450; or (k) 'Section 3" means section 3 of (if) Within a geographic area desig- the Housing and Urban Development Act nated as Model Cities areas or Metropoll- of 1908. 12 U.S.C. 1701u. tan Development Plan areas pursuant to (1) "Section 3 clause"means the con- the provisions of title I of the Demon- tract provisions set forth in 1135.20(b). stration Cities and Metropolitan Develop- (M) "Section 3 covered project"means ment Act of 1966, 42 U.S.C.3301: or any nonexempt project assisted by any (111) Within a geographic area desig- program administered by the Secretary nated as an Indian reservation (to In- n which loans,grants,subsidies,or other elude all territory within reservation financial assistance are provided in aid boundaries including fee patented roads. of housing,urban planning,development, waters,bridges and lands used for agency redevelopment, or renewal, public or purposes), community facilities, and new commu- nity shall be coextensive with the boundaries development (except where the >,- of that geographic area. nanclal assistance available under such (2) The boundaries of a section 3 progmm is solely In the form of lnsuranco covered project not located within a geo- or guaranty). Projects, contracts, and graphic area designated pursuant to title subcontracts, connected with programs I of the Housing Act of 1949,or title I of administered by the Secretary under sec- the Demonstration Cities and Metropoli- Uon 235 and 236 of the National Hous- tan Development Act of 1966 shall be co- ing Act, as well as any Public Housing extensive with the boundaries of the program and which do not exceed smallest political jurisdiction in which $500.000 1n estimated cost are exempted the project is located. from the requirements of this part, as (3) To the extent that goals (estab- !s any subcontract of $50,000 or under lished pursuant to Subparts B, C, and on such projects or contracts In excess of D of this part) cannot be met within a t $500.000. section 3 covered project area as deter- mined pursuant to paragraph (a)(1) of (n) "Subcontractor"means any entity this section,the boundaries of the small- (other than a person who 1s an employee est political jurisdiction in which the sec- of the contractor) which has agreed or tlon 3 covered project is located ahall be arranged with a contractor to undertake designated as the relevant section 3 cov- a portion of the contractor's obllgatlon or ered project area. The determination to the performance of work In connection apply this subparagraph shall be made with a section 3 covered project. by the Assistant Secretary for Equal Op- portunity or by the same of9cial des1g- § 135.10 Delegation to Assietnnt Sec- nated by the Assistant Secretary for rotary for lu(unl Opportunity. Equal Opportunity to determine the sec- Except as otherwise provided In this tion 3 covered project area pursuant to Part. the functions of the Secretary re- paragraph (a)(1) of this section. ferred to In this part are delegated to (b) The Department's Regional Ad. the Assistant Secretary for Equal Op- minlstrator.Area Offce Director,or FHA portunity, The Assistant Secretary 13 Insuring Office Director. as appropriate, further authorized to redelegate tune- shall determine the boundaries of each tlons and responsibilities delegated In section 3 covered project. this section to employees of the Depart- 13S.20 Assurance of eompll.nce with ment. Provided, however, That tho au- regulations. thority to issue rules and regulation (a) Every contract or agreement for under i 135.1(d) may not be redelegated. a grant, loan, subsidy, or other direct 131)rA 20594,Aug. ie,19741 financial asaLstance in aid of housing. �. 209 4135.25 Title 24--Housing and Urban Development urban planning.development,redevelop- D. The contractor will Include this meat, or renewal, public or community section 3 clause In every subcontract for fLeWtiea, and new community develop- work in connection with the project and ment. entered Into by the Department will, at the direction of the applicant of Housing and Urban Development with for or recipient of Federal financial as- respect to a section 3 covered project sistance, take appropriate action pursu- shall contain provisions requiring the ap- ant to the subcontract upon a finding plicant or recipient to carry out the pro- that the subcontractor is In violation of vislona of section 3, the regulations set regulations issued by the Secretary of forth In this part, and any applicable Housing and Urban Development, 24 rules and orders of the Department is- CFR Part 135. The contractor will not sued thereunder prior to approval of its subcontract with any subcontractor application for assistance for a section 3 where it has notice or knowledge that covered project, the latter has been found in violation of (b) Every aPplicant, recipient, con- regulations under 24 CPR Part 135 and trading party, contractor, and subcon- will not let any subcontract unless the tractor shall incorporate, or cause to be subcontractor has first provided it with a Incorporated, in all contructs for work preliminary statement of ability to com- in connection wlth a section 3 covered ply with the requirements of these project, the following clause (referred to regulations. as a section 3 clause): E. Compliance with the provisions of A. The work to be performed under section 3, the regulations set forth in 24 this contract is on a project assisted un- CFR Part 135, and all applicable rules der a program providing direct Federal and orders of the Department issued financial assistance from the Depart- thereunder prior to the execution of the ment of Housing and Urban Develop- contract,shall be a condition of the Fed- ment and is subject to the requirements eral financial assistance provided to the of section 3 of the Housing and Urban project,binding upon the applicant or re- Development Act o1 1968,as amended, 12 cipient for such assistance,its successors. U.S.C. 1701u. Section 3 requires that to and assigns. Failure to fulfill these re- the greatest extent feasible opportunt- qutrementa shall subject the applicant or ties for training and employment be recipient.Its contractors and subcontrae- given lower income residents of the tors, Its successors, and assigns to those Project area and contracts for work In sanctions specified by the grant or loan connection with the project be awarded agreement or contract through which to buslnesa concerns which are located Federal assistance is provided, and to in, or owned in substantial part by per- such sanctions as are specified by 24 sons residing in the area of the project. CFR Part 135. H. The parties to this contract will comply with the provisions of said sec- 6 135.25 Bidding and negotiation re- tion 3 and the regulations Issued pursu- quirements. ant thereto by the Secretary of Housing (a) Every applicant and recipient and Urban Development set forth in 24 shall rtNuire prospective contractors for CFR Part 135, and all applicable rules work in connection with section 3 rov- and orders of the Department issued ered projects to provide, prior to the thereunder prior to the execution of this signing of the contract, a Preliminary contract. The parties to this contract statement of work force needs (skilled. certify and agree that they are under semiskilled, unskilled labor and trainees no contractual or other disability which by category) where known: where not would prevent them from complying kliown, such information shall be sup- with these requirements. Piled prior to the algttiiig of any con- C. The contractor will send to each la- tract between contractors and their bor organization or representative of subcontractors. workers with which he has a collective (b) When a bidding procedure is used bargaining agreement or other contract to let the contract, the Invitation or or understanding, if any, a notice advLv- solicitntion for bids shall advise prosper- ing the said labor organization or work- t.1ve contractors of the requirements of ers' representative of his commitments theso regulations. When the contract 13 under this section 3 clause and shall post let pursuant to negotintion or methods copied oLthe notice In conspicuous places other thnn formal bidding procedures, available to employees and applicants for prospective contractors shall be'e.dviaed employment or training, by the conLrnct es tnr I)nrty of the requir -21O ` l - . Ch. 1—Office of Asst. Secy., Equal Opportunity 4 135.45 ments of these regulations as part of the assume the same obligations as a non- contract specifications. tractor for work under section 3 of these g 135.30 Other applicant and recipient regulations (including the incorporation obligations, of the Assurance of Compliance language Every applicant and recipient shall as- specified in 4 135.20).(d) 35.20). re- sist and actively cooperate with the Sec- vel Each such purchaser.lessee,orllretary In obtaining the compliance of developer shall be faltered of such obli- their contractors and subcontractors gallons upon perforsatisfmed story der t completion of with the requirements of these regula- all work d e performed under the tetras tfon3, including cooperation and assist- of the redevelopment contract. once In distributing and collecting forms Subpart 13—IJtillzatlon of Lower Income and inforniatfon. and in notifying con- Area Residents as Trainees tracting parties and contractors of vio- 1135.40 Genera4 latlons of these regulations,and shall re- Each applicant, recipient, contractor irate from entering Into any contract or subcontractor undertaking work in with any contractor after tacticonnection with a section 3 covered proj- been sound in violation of these regula- the Department that the coonntrractorr n haass ra ect shall fulfill his obligation to utilize Income Lions pursuant to 1135.110(j). lower project area residents as trainees to the greatest extent feasible § 135.35 Effectuation of applicant obll- by: gntiona in direct and indirect rely- (a) utilizing the maximum number of tionshlps. persons!n the various training categories (a) Where the applicant for assist- in all phases of the work to be performed anee under a section 3 covered project under the section 3 covered project; and and the recipient of such assistance are (b) Filling all vacant training posl- not one and the same,the recipient shall lions with lower income project area be regarded as the successor in interest residents except for those training post- of the applicant and shall have the same lions which remain unfilled after a good obligations as the applicant with respect faith effort his been made to 1111 them to compliance with these regulations. with eligible lower income project area These obligations shall be incorporated, residents. aPeclflcally or by reference in the loan § 135.45 Establishing number of or grant agreement or other contract or trainees. agreement through which the assistance ( Is provided to the recipient. a) ]For the building construction oc- (b) Where the applicant or recipient cupations. the number of trainees or ap- Itself will perform all or part of the work Prentices for each occupation shall be In connection with a section 3 covered that number which can reasonably be project within the meaning of these utilized In each occupation on each phase regulations. with either permanent or of a section 3 covered project and in no temporary staff by force account, it will event shall that number be less than the provide the Department with all forms number of trainees or apprentices deter- and assurances required of a contractor mined pursuant to regulations Issued by or subcontractor by these regulations the Secretary of Labor for each building prior to the execution of any loan or construction occupation. grant agreement or other contract or (b) for nonconstructlon occupations .agreement through which assistance Is or for any building construction occupa- provided. Lions for which ratios are not deter- (c) Where the applicant. recipient or inlned pursuant to regulations of the Sec- contractor sells, leases, transfers or retary of Labor, the number of trnlnecs otherwise conveys land upon which work for each occupatlon shall be that number In connection with a section 3 covered which can reasonably be utilized In each project within the meaning of these reg- occupation on each phase of a section 3 ttlatlons is to be performed (for exam- covered project.The applicant,recipient, ple, under the Urban Renewal or Neigh- contractor, or subcontractor shall int- borhood Development program).It shall tlally determine, the maxlmum number Include In each contract or subcontract of trainees for each occupation and sub- for work on such land a clause requiring mit that determtnntlon along with Its the purchaser, lessee, or redeveloper to justification to the Drpirtment. -41b 211 • 1 6135.50 Title 24—Housing and Urban Developmertf $135.50 Good faith effort. unskilled labor. needtffi U,=2mm-escdh (a) Each applicant,recipient,contrac- phase of the section 3 cQvAjmd 2=zi=. tor.or subcontractor seeking to establish (b) Identifying of t1mpnz1t umItdmrdlr that a good faith effort as required by fled In paragraph (a)off%ift-met thatke- 1136.d0 has been made to fill all train- number of positions+in the wmadlitta as Ing positions with lower income area resi- cupational categories mttihlh sure osm- dents shall.as a minimum.set forth evi- rently occupied by mollim pwrmimmt dence acceptable to the Secretary that employees; It has: (e) Identifying, of tftw un (1) Ascertained from the Department's identified In paragralfti(so me%uts snro- Regional Administrator. Area Office Di- t1on,the number of poaita=nn`1tr,caugi- rector, or FHA Insuring Office Director ous occupational cafaguaiffi vmbtaW sas having Jurisdiction over the section 3 not currently occuptei!Dr zagdW,Mmti covered project. the boundaries of the manent employees; section 3 covered project area; and (d) Establishing, aU Vkn: 2aigf1ms. (2) Attempted to recruit from the ap- identified in paragraph (sr:,) o-9 lilts aeo— propriate areas the necessary number of Lion, a goal which 13 arnmt�w m-tar lower income residents through: Local purpose of this subpau witlI to eulh=s- advertising media, signs placed at the cupatlonal category aft ttta,mmniw aft proposed site for the project. and com- 'Witions to be filled bib Znwasr Jnmmw munity organizations and public or pri- residents of the sectfar.:Raaov��tx�: vats institutions operating within or area; and serving the project area such as Service (e) Making a good faitth eMtrtt,tb,fill; Employment and Redevelopment (SER). all of the positions ifent113artt fin pmar- Opportunities Industrialization Center graph (d) of this aectarr�vlitlt ilrwun ua (OIC).Urban League,Concentrated Em- come project area resin. ployment Program, or the U.S.Employ- 138 ��ig221, Oct. 23.113m; =8f,V2=m., ment Service. - .•. 7•:,:: . 973) (3) Maintained a list of all lower In- 1 135.60 Good faith swims. come area residents who have applied (a) Each appllcant,a+ftiffa4.caa ac,.. either on their own or on referral from tor,or subcontractor� jg7ooritilal3r any source, and employ such persons. If that a good faith efftrIZ w asaui=A'j3s otherwise eligible and if a trainee va- paragraph (a) of 1 13VW-lh=bmen=nttr cancy exists. If the contractor has no to fW ali employment 7miltiaxw3tie Until vacancies, the applicant. u otherwise In paragraph (d) of I LLWO nvft Ibxwa^ eligible,shall be listed for the first avail- income project area rvallim3inm na; =u able vacancy. minimum. set forth evittim-w frdibr (b) Any applicant.recipient contrac- to the Secretary that ithm tor. or subcontractor which fills vacant (1) Ascertained from S aMkpa:'Lut=fc 1135.45 apprentice or trainee positions Regional Administrate_..1,%=a(Offnes Mi- In Its organization immediately prior to rector, or FHA Insuring't'Mm -,-,hT Arr unaertaking work pursuant to a section 3 having jurisdiction om r dim aacttou covered project shall set forth evidence covered project the dmundurim of trm acceptable to the Secretary that Its ae- section 3 covered proja-.x:atr=;mnt5 bons were not an attempt to circumvent (2) Attempted to ranran rrom tkD,&M- these regulations. propriate areas the mm�t%uWmimilwOt< lower income residents, tthrotwh: Zncail Subpart C—Utilization of Lower Income advertising media, a1pul, gihms l ati, t!iw Area Residents as Employees proposed site for the r#icrj}ed;.,mcu.rnm $ 135.SS General munity organizations ant;mttbih otr 3z1- vato Institutions operating within air Each applicant. recipient, contractor serving the project arcs raudb:cs 2tWi mL or subcontractor undertaking work in Area Committees (PAC); Ar uitngt, re- connection with a section 3 covered proj- newel areas,Model CIt1!!scLtb=Md%tbarLv ect shall fulfill his obligation to utilize boards, Service EmplQcsneut mnd ate,. lower Income project area residents as velopment (SER), Onrnrxi latm lndun- employees to the greatest extent feasible trializatlon Center (OIo,,.mrb us u,p. by: Concentrated Employarmt rrtuW i,an (a) Identifying the number of post- thn U.S.Employment t3.•rvhro. dons In the various occupational Cate- (b) Any applicant, rnruldlert.=vtrsn- gorlea deluding skilled, semiskilled, and tor. or subcontractor viht:ih;ML-.taaca>,t 212 ` I i 6 Ch. 1—Office of Asst. Secy., Equal Opportunity 6135.70 1135.55(d) employment positions In its each category (type or profesMon) over organization immediately prior to under- the durntlon of the section 3 covered pro- taking work pursuant to a section 3 cov- ject lu questlon. ered contract shall set forth evidence (b) Analyre the information act forth acceptable to the Secretary that Its ac- In paragraph (a) of this section and the tions were not an attempt to circumvent availability of eligible business concerns these regulations. within the project area doing business (c) When lower income resident In professions or occupations idenUfled workers apply,either on their own initia- as needed In paragraph (a) of this am- tive or on referral from any source, the Lion, and set forth a goal or target num- recipient, contractor, or subcontractor ber and estimated dollar amount of con- ahall determine the qualifications of such tracts to be awarded to the elloble busi- persons and shall employ such persons .nesses and entrepreneurs within each If their Qualifications are satisfactory category over the duration of the section and the contractor has openings. If the 3 covered project. recipient, contractor, or aubcontractor (e) Outline the anticipated program Is unable to employ the workers, such to be used to achieve the goals for each Persons shall be listed for the first avail- business and/or professional category able opening. identified. This program should include 138 PR 90971. Oct. 23. 1073; Sa ra siges, but not be limited to the following ac- Nor.20.10731 Lions: Subpart D—Utllizatlon of Buslnoss Lo- (1) Insertion in the bid documenta. If cated In or Owned In Substantlal Part by any- of the affrmative action plan of the Persons Residing In the Area applicant. recipient, contractor. or sub- contractor letting the contract:and (3) Identification within the bid docu- Each applicant, recipient, contractor. ment.if say, of the applicable section 3 or subcontractor undertaking work on a project area. section 3 covered project shall assure (d) Indicate the anticipated process that to the greatest extent feasible,con- and steps which have been taken and/or tracts for work to be performed in con- will be taken to secure the cooperation of nection with the project are awarded to contractors. subcontractors. and unions business concerns located within the sec- In meeting the goals and carrying out the Lion 3 covered project area or business affirmative action plan developed pursu- concerns owned In substantial part by ant to this subpart. persons residing in the section 3 covered (e) Take steps to insure that the ap- area. The Department. in consultation proprlate business concerns included In with the Small Business Administration the Department's registry for the section will establish for the section 3 covered 3 covered project area are notified of project area a registry Of business con- pending contractual opportunities either cerns which meet the definition con- personally or through locally utilized tamed In 0 135.5(b) and (c). Each ap- media. All applicants. recipients, con- plicant, recipient, contractor. or sub- tractors and subcontractors which so contractor undertaking work In connec- notify concerns included in the Depart- Uon with a section 3 covered project shall ment's registry of available contracts and fulfill his obligations to utilize business of opportunities to submit bids shall sat- concerns located within or owned In sub- lafy all requirements of this Part for stantia. part by persons residing in the notification of business concerns located section 3 covered project area by develop- within the aeotion 3 covered project area ing and implementing an affirmative ac- and business concerns owned in sub- Uon Plan. stanUal part by persons residing In the §135.70 Development of an affirmative section 3 covered project area. action plan. (1) Take stcpa to Insure that contracts In developing an affirmative action which are typically let on a negotiated plan. each applicant, recipient, con- rather than a bid basis in ereae other tractor, and subcontractor preparing to than section 3 covered project areas, are undertake work pursuant to a section 3 also let on a noaotlated basis, whenever covered contract shall: feasible, when let In a section 3 covered (a) Set forth the approximate number project area. and dollar value of all contracts proponed (g) Where compaUtive bids are eolic- to be awarded to.all bualne:see within l►ed, regt(Tro the bfdddeers to�Fthclr .;. 213 4135.75 Title 24--Housing and Urban Development utilization goals, and rheir amrmative under Subparto B. C. and D of this pert, action plans for accomplishing their respectively,to utilize lower income prol- goals, and in evaluating each bid, to ect area resldenta as trainees or em- determine its responsiveness. carefully ployeea on section 3 covered projects,and evaluate the bidders' submission to de- to award contracts to business concerns termine whether the eifirmative action located in, or owned in substantial part Plan ProPosed will accomplish the stated by residents oi,section 3 covered project goals, areas by Presenting evidence satisfactory (h) Where advantageous,seek the aa- sistance of local officials of the Depart- to the Secretary that er l a cooperating ment in preparing and implementingParticipant public In a federally assisted by or the other public program approved by the a.mrmative action plan. � . Department of Housing and Urban De- (1) In implementing its LMrmative aa- velopment which provides training, am- tlon plan.each applicant,recipient,can- ployment, and/or business opportunities tractor, or subcontractor shall make a to lower Income persons and business good faith effort to achieve its goal or concerns which meet the definition in target number and estimated dollar t 135.5 (b) and (c). The Secretary &hall. amount of contracts to be awarded to from time to time, make public a list the eligible businesses and entrepre- of the training, employment, and/or neurs within esch category over the business opportunity programs approved duration of the section 3 covered project, b.•the Department Each applicant, recipient, contractor, or �. subcontractor seeking to establish that ..ubpart F--Grievance and Compliance a good faith effort has been made to Review Implement its affirmative action plan, as Ii 135.80 Who m.y file grievance. required by this Paragraph, shall as a Any lower Income resident of the proj- minimum, act forth evidence acceptable ect area, for himself or as a representa- to the Secretary that it has implemented Live of persona similarly situated, seek- the atepa required by paragraphs (c), ing employment or training opportun!- nd has (f), (g), and (h) of this section tits with an applicant, recipient, con- ascertained from the Depart- tractor,or subcontractor.or any busineaa me Area concern located in, or owned in cub- me has al's 17egional Administrator, I Office Director, or FHA Office Director staaUel Dart by Perrone residing within f having jurisdiction over the. section 1 a Project area seeking contract oppor- i covered project. the boundaries of the tunnies from any applicant, recipient, section 3 covered project area, if tvalI- contractor.or subcontractor,for itself or able. and attempted to recruit from the as a representative of appropriate areas the necessary eligible similarly situated, may Per sons ns or firms business concerns through: Local ad- an authorized representative file e or by vertiaing media,signs placed at the pro- ance alleging noncompliance with iec- poaod site for the andProject: lic ocomm�a Lion 3, these regulations, or obligations Ins organisations end P undertaken pursuant thereto. Institutions operating within or serving the project area such as Project Area 6 13S.8S Content of grievance Slings. Committees (PAC) In urban renewal (a) The grievance should include: (1) emu. Model Cities citizen advisory The name and address of the grievant, boards, Service Employment and Rede- (2) the name and address of the g lev- velopment WER.), Opportunities Indus- ant'a business, if applicable. (3) the trlalizatlon Center(OIC).Urban League, name and address of the applicant, re. Concentrated Employment Program, or ciplent, contractor, or subcontractor (in the U.S. Employment Service, as well as this subpart celled "respondent"), (4) the Chamber of Commerce and any a description of the acts or omLsslons giv- equivalent organisations in the section ing rise to the grievance, and (5) the covered project area. corrective action sought. Subpart E—Participation In Approved (b) Where a grievance contains in- Programs complete Information, the Secretary 135.75 Particlpatton a,' evidence of eholl seek Promptly the needed laforma- coropliance with section 3 require. lion from the grievant. In the event such otents. InfarInation is not furnished to the &,,c_ Any applicant,recipient,contractor,or oo days of the date ftsuch request. the tthe�grievancce may be subcontractor may fulfill his obligations closed. ~- 214 I Ch. 1--Office of Asst. Secy., Equal Opportunity 6135.103 If 13S.90 Form of grievance filings. (e) Any party adversely affected by a Each grievance aball be in writing and determination under paragraph (b) or signed. (c) of this section may, within 5 days of 0 135.95 PLeeof filing. receipt of a notice of determination.re- Quest that the Secretary reconsider his A grievance may be filed by mailing it action.Such request for reconsideration to the Assistant Secretary for Equal Op- will be granted only on the basis of addi- portunity. Department of Housing and tional material evidence not previously Urban Development, Washington, D.C. available to the party requesting recon- E 20410.or by presenting It at any Regional sideration or for other good cause shown_ Office, Area Office, or FHA Insuring Of- (f) If the Secretary decides to resolve nee of the Department Any employee a grievance. he shall endeavor to eliml- hate or correct the matters com- of the Department receiving a Wev- plained of In the grievance by informal to the Assistant Secretary for Equal shall forward the same directly methods of conference, conciliation, and to t Opportunity, persuasion. (9) In conciliating a grievance, the 13S.100 Time of filing. Secretary shall attempt to achieve a just A grievance must be filed not later resolution of the grievance including (1) than ninety (90) days from the date of specific relief for the grievant, (2) wf- the action (or omission) upon which the hrmative actions by the respondent to grievance is based, unless the time for relieve the effects of post violation and !!ling is extended by the Secretary upon 1.reclude the occurrence of future viola- good cause shown. ti m, and (3) appropriate reporting re- D I35.105 Processing of grievance fil. quirements. Notice of a proposed dis- Ings. position of a grievance and of the terms 1 of a proposed settlement, if any, aha11 (a) Upon receipt of a grievance a copy be given to the parties, or their repre- thereof shall be furnished the respond- sentatives, by the Secretary, in writing. ent by eertifled mall or through personal If satisfactory. the proposed settlement service. shall be signed by the grievant and the I (b) The Secretary shall conduct aft respondent or their representatives and investigation of each grievance filed,and approved by the Secretary. The Swre- ' shall give notice In writing to the ffriev- tary may,from time to time,review com- ant and the respondent as to whether be pllanco with the terms of any settlement intends to resolve It. agreement and may, upon a IIndlns of (�I ' (c) Notwithstanding paragraphs (a) noncompliance, reopen the grievance or and (b) of this section,where the allega- take such enforcement action as is pro- :;tions of a grievance on their face, or ns vided for under the settlement agree- amplifled by the statements of the grfov- went or as may otherwise be appropriate. ant, disclose that the grievance is not (h> Should a respondent fall or re- timely filed or otherwise fails to state a fUxe to confer wlth the Secretary or fail valid claim for relief under these regula- or refuse to make a Good faith effort to resolve or any other authority within the resolve the grievance, or should the Sec- • retnry find for any other reason that jurisdiction of the Department, the Bee- voluntary agreement is not likely to re- rotary may dismiss the grievance with- sult. the Secretary may terminate his out further action. To the extent that efforts to conciliate the dispute. In the Executive Order 11246 relating to Equal latter event the parties &ball bo noticm Opportunity in Employment applies to promptly, In writing, thst such efforts the subject matter of the grievance, the hate been unsncccsaful. procedures required by applicable regu- (1) If the Department is unable to ob- IaUons Implementing that order&ball be taro voluntary compliance, the Boers- followed. tars shall advise the grievant and the (d) If the Secretary decides not to parties in writing of hiS proposed reso- resolve a grievance,or to dlsm:rsIt under lution of the grievance. Such resolution paragraph (c) of this section, he shall shall become final and binding on the advise the grievant of the disposition of parties, unless within 15 days after the his grievance. Respondent shall AL90 be receipt of notification, either party files notified in nny case where he has been with the Secretary a written request for served with a copy of the grievance. a hearing on the ratter. 46 215 6133.110 Title 24—Housing and Urban Development 135.110 Hearing& ciples designed to assure production of (a) Whenever a hearing is requested, the most credible evidence available and reasonable notice shall be given by regls- to subject testimony to test by cross-ez- tered or certified mail,return receipt re- an'linatlon shall be applied where deeme quested, to the parties. This notice shall reasonably necessary by the officer con advise the parties of the action proposed ducting the hearing. The hearing officer to be taken, the specific provision under may exclude irrelevant, immaterial, or .,-.which the proposed action is to be tak- unduly repetitious evidence. AM docu- en, and the matters of fact or law as- meats and other evidence offered or taken sorted as the basis for this action. In for the record °hail be open to ezaml- addition.it shall either (1) fix a date not nation by the Department of Housing less than 20 days alter the date of such and Urban Development,the respondent, notice within which the parties may re- and the grievant, If any, and opportu- uest of the 6ecre nity shall be glvan to refute facts and f.. tery that the matter be arguments advanced on either aide of scheduled for hearing or (2) advise the the issues. A transcript shall be made parties that the matter In question has of the oral evidence except to the extent been set down for hearing at a stated the substance thereof Is stipulated for time and place. The time and place so the record. All declalons shall be based fixed shall be subject to change for cause. upon the hearing record and written The requesting party may waive a hear- ;ndings shall be made. Ins and In lieu thereof submit written (f) If the hearing is held by a hear- Ord. and argument for the ree- !ng examiner, ea shall either render an ord. The failure of the requesting party initial decision, if so authorized, or �'w"'u„ to appear at a hearing for which a date certify the entire record, including his .has been act shall be deemed to be a e recommendd fin waiver of the right to a hearing and con- dings and proposed de- "I sent to the making of a decision on the clsion.to the Secretary for a final decl- f"c basis of such information as Is available. sion. A copy of such Initial decision or 4 v (b) Hearings shall be held is or near certification shall be mailed to the re- u:f the section 3 covered project area in spondent and the grievant, or their _.z,question, or at such other location as representative, by certified or registered ;.,v will serve the convenience of parties and mail' return receipt requested Where .a ;witnesses, at a time fixed by the Secre- the initial decision is made by the hew- witnesses.Hearings shall be held before the Ing a-Naminer,the respondent or grievant 'Secretary or, at his discretion, before a may within 90 days of the mailing of hearing examiner d +' such notice of initial decision file with designated In accord- the Secretary exceptions to the initial n , sacs with l U.S.C.roceding and under th4.is decision, with reasons therefor. In the tion.the In all proceedings under this see- absence of exception, the Secretary may shall have the right ondent to egre resentedd if any, on his own motion, within 45 days alter p y oo the initial decision, serve on the re- (d) .- d) The hearing, decision, and any spondent andgrievant, a notice that he administrative review thereof shall be will review the decision. Upon the filing ;. conducted in conformity with 6 D.S.C. of such exceptions or of such notice of 554457, and In accordance with such review, the Secretary shall review the rules of procedure issued by HUD as are Initial decision and issue his own de- proper relating to the conduct of the clsion thereon Including the reasons hearing, the Issuance of notice except therefor. If no exception Is taken or that provided In paragraph (a) of this notice of review Issued, the initial de- section,the taking of testimony,exhibits, clsion shall constitute the final decision arguments,and briefs, requests for find- of the Secretary. ings, and other related matters. HUD, (g) Whenever a record is certified to the respondent, and the grievant,if any, the Secretary for decision or he reviews &hall be entitled to introduce all relovant tho decision of a hearing examiner pur- evidence on the Issues as stated in the suant to paragraph (f) of this section, notice of hearing or as determined by or whenever the Secretnry conducts the the offcer Conducting the hearing at the hearing, the respondent and grievant outset of or during the hearing, shrdl be given reasonable opportunity to (e) Technical rules of evidence shall file briefs or other written statamente not apply to hearings conducted pursu- of their contentions, and a copy of tho ant to UVs paragraph but rules or prin- flnnl decision of the Decretary &ball be 210 i Ch. E--Otlico of Assh Secy., Equal Opportunity 4135.130' I given In writing to the respondent, and 1 135.105(g). Compliance reviews may to the grievant by certified or registered be conducted prior to award of contracts mail. return receipt requested. in any case where the Secretary has (h) whenever a hearing is waived reasonable grounds based on a substan- pursuant to paragraph (a) of this sec- tial grievance, the Department's own tion. a decision shall be made by the Investigation, or other substantial evi- Secretary an the record and a copy of dence, to believe that the applicant, re- P ~ such decision shall be given In writing cipient.contractor,or subcontractor will to the respondent. and to the grievant, be unable -or unwilling to comply with by certified or registered mail.return re- section 3 and the provisions of this part. ceipt requested. Subpart G—Miscellaneous (1) Each decision of a bearing exam- iner or the Secretary shall set forth his S 135.120 Reporting and recordkeeping• ruling on each finding, conclusion, or In order to insure that the Secretary exception presented, and shall identify Is kept Informed of the progress being the requirement or requirementa of sec- made by the applicant. recipient, con- tion 3 of the Housing and Urban De- tractor. and subcontractor In meeting velopment Act of 1968 or the regulations their obligations under these regulations, which the respondent has not compiled each applicant,recipient,contractor,and with. subcontractor is required to: (j) The final decision may contain (a) Maintain such records and ac- such terms, conditions, and other provl- counts and furnish such information and slons as are consistent with, and will rt ourts as are required by the Secretary effectuate the purposes of section 3 and under these regWations or pursuant these regulations. The decision may also thereto and permit the Secretary access include provisions designed to imple- to books, records, and premises for pur- ment, maintain, and enforce sanctions poses of investigation In connection with set forth In 1 135.135 until the respond- a grievance or to ascertain compliance ent corrects its noncompliance and with these regulations or the rules and satisfies the Secretary. that it will fully orders of the Department Issued there- comply with section 3 and these regu- under. lations. (b) Advise the Secretary within 15 (k) The General Counsel shall repre- days of the award of any contract under sent the Department and shall receive u section 3 covered project of the steps copies of all nocices, decisions and other which have been and will be taken to documents which are forwarded to the comply with the requirements of Sub- parties. parts B.C,and D of this part. (1) The applicant or recipient.If not a party. shall be 1nviLed to participate In § 135.125 Implementing procedures and the hearing and shall receive copies of instructiom. all notices, decisions, and other docu- ments which are forwarded to the procedures, and cir- parties. culars previously issued by the Depart- ment designed or purporting to imple- ment the provisions of section 3 are re- eedures• Yoked and superseded by this part.Hand. In order to determine whether the re- book MC 3100.1 entitled Model Cities sponslbilitles Imposed upon him by sec- Resident Employment and Training Re- tion 3 and these regulations are being quirements. Is superseded to the extent properly carried out, tho Secretary shall that Handbook MC 3100.1 applies to oc- periodically conduct section 3 cumpli- cupattons related to housing and urban ante reviews of selected applicants, re- development including the field of con. cipients,contractors,and subcontractors. struction,design, architecture,mortgage A compliance review shall consist of a banl•.ing,rehabilitation,maintenance,re- comprehensive analysis and evaluation pair and housing management. of each aspect of the aforementioned section 3 policies, and conditions result- § 135.130 LnLor e�undords. Ing therefrom. Where deficlencirs are All labor standards applicable by stat- found to exist, reasonable efforts shall titc, regulations, or other administrative be made to secure compliance through L•isunnce shall apply to section 3 covered the conciliation process set forth In projects. �� :►a oKs—ru-111 217 135.135 Title 24—Housing and Urban Development 0 135.13S Sanctions. contract or agreement; s gym} Failure or refusal to comply and give of ineligibility or debarnn=lrm .sw satlafactory assurances of future compy- further nam tans or cont==wMtlrr•CUm auae with the requirements of this part Program with respect to wAztd1:ttlg,Ta11- ahaII be proper basis for applying Banc- ure or refusal occurred moll,aeam,%Xta•�v Ilona. Such sanction as are specified sasurance of future comjillM=�hwH,etm by the grant or loan agreement or can. received,and referral totdR; WwzMntB=Y tract through which Federal assistance of Justice for appropriatX,1gW pzmczvttt. Is Provided, as well as such sanctions as inga. are specified by the rules,segWations,or ¢ 135.140 Effective data applicable policy of the Department of Housing and Urban Development gov- This part shall becoahr eamtive, am erning the program under which Fed- November 23. 1973.and ahtIIlaaUiI&rb)ydl ua1 assistance to the project!s provided, applications for asssstanm, lfiard avi?,h �� be appliedtance t t accordance with the HUD on or after the effedttve39tr��tduhj relevant regulations. Any or all of the part'However.nothing lady,LmUxwsihax. following actions may be taken, as ap- aired requirements already,ima-,gr'M. aDPllcanta, recipients sat' as�,�, Propriate: cancellation, termination. or and subcontractors purnantt Un aer%luz- suspension In whole or in part of the 3. d. 218 Attachment 9 PAYMENT OF PREVAILING WAGE RATES The CONTRACTORS and Subcontractors shall comply with 39 .12 RCW "Prevailing Wages on Public Works" enacted in 1965 by the State of Washington. 1. The prevailing rate of wages to be paid to all workmen, laborers, or mechanics employed in the performance of any part of this Contract shall be in accordance with the provisions of Chapter 39 .12 RCW, as amended. The rules and regulations of the Department of Labor and Industries and the Schedule of Prevailing Wage Rates for the locality or localities where this contract will be performed as determined by the Industrial Statistician of the Department of Labor and Industries, are by reference made a part of this contract as though fully set forth herein. 2 . In case any wage dispute arises as to what are the prevailing rates of wages for work of a similar nature, and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39 .122.060 as amended. 3. The CONTRACTOR, on or before the date of commencement of work, shall file a statement under oath with the OWNER and with the Director of Labor and Industries certifying the rate of hourly wages paid and to be paid each classification of laborers, workmen, or mechanics employed upon the work by the CONTRACTOR or Subcontractor which shall not be less than the prevailing rate of wage. Such statement and any supplemental statements which may be necessary to shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries. 4. Prior to commencing work, each CONTRACTOR and each and every Subcontractor shall file a sworn Statement of Intent (SF9882) with the OWNER and with the Department of Labor and Industries as to the prevailing wage rate, including fringe benefits for each job classification to be utilized. The wage rates thus filed will be checked against the prevailing wage rates as determined by the Industrial Statistician of the Department of Labor and Industries. If wage rates are correct, the Industrial Statistician will issue an acknowlegement of approval to the CONTRACTOR and/or Subcontractor with a copy to the awarding Agency (OWNER) . If any incorrect wage rates are included, the CONTRACTOR and/or Subcontractor will be notified of the correct rates by the Industrial Statistician and approval will be withheld until a correct statement is received. Page - 1 S. Copies of wage rate approvals will be furnished the awarding agency, and the CONTRACTOR (and the prime CONTRACTOR in the case of a Subcontractor) by the Industrial Statistician, and must be posted at the work site. 6. Each voucher claim submitted by a CONTRACTOR for payment on a project estimate shall state that prevailing wages have been paid in accordance with the pre-filed Statement or Statements of Intent on file with the Department of Labor and Industries, as approved by the Industrial Statistician. 7. Affidavits of Wages_Paid (SF9843) are to be filed with the State Treasurer, of the Treasurer of the County or municipal corporation on other officer or person charged with the custody of disbursement of the state or corporate funds as the case may be, and two copies of each affidavit are to be filed with the Director of the Department of Labor and Industries, Attention: Industrial Relations Division, 1601 Second Avenue, Seattle, Washington. Whenever practicable, affidavits pertinent to a particular contract should be submitted as a package. All filing fees are to be paid by the Contractor. END OF PAYMENT OF STATE PREVAILING WAGE RATES 6-89 Page - 2 l FEDERAL PREVAILING WAGE STATE: Washington Snohomish County Modification No. 19 - December 17, 1993 DECISION NUMBER: WA930002 FEBRUARY 19, 1993 Supersedes General Wage Decision Number WA910002 DESCRIPTION OF WORK: Building Projects (Does not include single family homes and apartments up to and including four stories. ) ( Basic Fringe 1 Hourly Benefits Rates f ASBESTOS WORKERS/INSULATOR: 24.09 4.59 [ (Includes application of all insulating materials, protecting coverings, coating and finishes to all types of mechanical systems. ) --------------------------------------------------------------------—---- BOILERMAKERS: 22.37 7.79 -------------------------------------------------------------------------- BRICKLAYERS: 21.02 3.78 Terrazzo Workers; Tile Setters 20.75 4.58 -------------------------------------------------------------------------- CARPENTERS: Carpenters & Drywall Applicator 21.04 5.00 Carpenters on Creosoted Material 21.14 5.00 Insulation Applicators 17.94 5.00 Sawfilers; Stationary Power Saw; Floor Finishers; Floor Layer; Shingler; Floor Sander & other Stationary Power Woodworking Tools 21.17 5.00 Millwrights and Machine Erectors 22.04 5.00 Acoustical Workers 21.20 5.00 Piledriver, Driving, Pulling, Cutting Placing Collars, Selding or creosote treated material, all piling 21.24 5.00 Bridge, Dock and Wharf Carpenters 21.04 5.00 FEDERAL PREVAILING WAGE - Building Projects Decision Number: WA930002 Page 2 Divers 52.04 5.00 Divers Tenders 23 .15 5.00 (Hourly zone pay applicable to all classifications except piledriver) Hourly Zone Pay shall be paid on jobs located outside of the free zone computed from the city center of the following listed cities: Seattle, Olympia, Bellingham, Auburn, Renton, Bremerton, Anacortes, Aberdeen-Hoquiam, Shelton, Yakima, Wenatchee, Ellensburg, Mount Vernon, Everett, Tacoma, Centralia, Pt. Angeles, Sunnyside, Kelso, Chelan and Pt. Townsend. Zone Pay 0 - 25 radius miles Free 25 - 35 " $1.00/hour 35 - 45 " " 1.15/hour 45 - 55 " " 1.35/hour Over 55 radius miles 1.55/hour (Hourly Zone Pay - Piledriver) Hourly Zone Pay shall be computed from Seattle Union Hall, Tacoma City center, and Everett City center. Zone Pay 0 - 25 radius miles Free 25 - 45 " " $ .70/hour Over 45 1.50/hour Piledrivers who reside in Olympia or Wenatchee Local Union jurisdictions areas, working on jobs in their respective area, shall have their Zone Pay measured from their respective city center. ELECTRICIANS: Electricians 23.90 4.03 + 3W Cable Splicers 26.29 4.03 + 3t ELEVATOR CONSTRUCTOR MECHANIC 23.70 6.12 FOOTNOTES: Vacation Pay: 8t with 5 or more years of service, 6t for 7 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, labor Day, Thanksgiving Day and Friday after, and Christmas Day. ------------ ---------------------------------------------------------------- FEDERAL PREVAILING WAGE - Building Projects Decision Number WA930002 Page 3 ENGINEERS: On projects described below the reduced rate may be paid. [� 1. Projects involving work on structures such as buildings & bridges whose total value is less than $1.5 million excluding mechanical, electrical and utility portions of the contract. 2. Projects of less than $1 million where no building is involved. Surfacing and paving included, but utilities excluded. 3. Marine projects (Docks, wharfs, etc. ) less than $150,000. On all other work, the base rates apply. REDUCED BASE FRINGE RATE RATE BENEFITS IZONE 1 (0-25 radius miles) Group 1AA: 20.74 23.05 5.51 Group 1A: 20.29 22.55 5.51 I Group 1: 19.84 22.05 5.51 Group 2: 19.44 21.61 5.51 Group 3 : 19.12 21.25 5.51 Group 4: 17.23 19.15 5.51 ZONE DIFFERENTIAL (add to ZONE 1 rates) : ZONE 2: 26-45 radius s miles) $.70 r ZONE 3 : (over 45 radius miles) $1.00. 1 BASEPOINTS: Bellingham, Mount Vernon, Kent, Port Angeles, Port Townsend, Aberdeen, Shelton, Bremerton, Wenatchee, Yakima, Seattle, Everett Group 1AA: Cranes over 200 tons with 250 ft. of boom, with jib and attachments �- Group IA: Cranes, 100 tons thru 199 tons, or 150 ft. of boom (including jib ll with attachments) Overhead, bridge type, 100 tons and over, tower crane; Loaders - overhead, 8 yards and over; Shovels, backhoe - 6 yards and over with ( . attachments. L Group 1: Cableway; Cranes 45 tons thru 99 tons under 150 ft. of boom (including jib with attachments) ; Overhead, bridge type, 45 tons thru 99 tons; l- Derricks on building work; Rollagon; Derricks; Remote control operator on rubber tired earth moving equipment; Loader, overhead, 6 yds up to 8 yds; Mucking machine, mole, tunnel drill and/or shield shovels, backhoes over 3 Lyds. to 6 yds; Slipform pavers; Scrapers, self-propelled 45 yds. and over; Transporters, all track or truck type; Quad 9, HD 41, D10. LGroup 2: Concrete batch plant operator; Bump cutter; Cranes, 20 tons thru 44 FEDERAL PREVAILING WAGE - Building Projects Decision Number: WA930002 Page 4 tons; Chipper, Crusher, Drilling machine; Finishing machine; Loaders, overhead under 6 yds; Loaders - plant feed; Locomotives, all; Mixers, asphalt plant; Motor patrol graders, finishing; Pump truck mounted concrete pump with boom attachment; piledriver (other than crane mount) ; Screed man; Shovels, Backhoes 3 yds and under; Sub-grader trimmer; Tractors, backhoe over 75 h.p. ; Scrapers, self-propelled under 45 yds. ; YoYo pay dozer Roto-mill, Roto-grinder, Truck crane oiler/driver - 100 tons and over, Cranes - overhead, Bridge type - 20 ton thru 44 tons. Deck Engineer/Deck Winches, Mechanic. Group 3 : Dozers D9 and under, A-frame crane over 10 tons, Cranes thru 19 tons, Conveyors, Hoists, air tuggers, strato tower bucket elevators and deck winches (power) ; Hydralifts/boom trucks over 10 tons; Elevating type belt loaders; Fork lifts 3,000 lbs and over; Motor patrol grader-nonfinishing; Concrete pumps; Roller, plant mix or multi-lift materials; Saws, concrete; Scrapers, concrete; Scrapers, carryall; Spreaders topside operator, blaw knox, cedarapids, jaeger flaherty or similar types; Trenching machines; Equipment service engineer, Oiler driver on truck cranes, Tractors, backhoe 75 h.p. and under. Group 4: A-frame cranes 10 tons and under; Bobcat; Brooms; Compressor; Gradechecker; Hydralifts/boom trucks, 10 tons and under; Oil distributors, blower distribution and mulch seeding operator; Pavement breaker; Permanent shaft-type elevator and manlift; Posthole digger, mechanical; Power plants; Pumps, water, Roller, other than plant mix; Wheel Tractors, farmall type; Shot Crete/gunite equipment operator, Stakehop. HANDLING OF HAZARDOUS WASTE MATERIALS: Personnel in all craft classifications subject to working inside a federally designated hazardous perimeter shall be eligible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan. H-1 Base wage rate when on a hazardous waste site when nuL- uuLfitL-ed with protective clothing. H-2 Class "C" Suit - Base wage rate plus $ .25 per hour. H-3 Class "B" Suit - Base wage rate plus $ .50 per hour. H-4 Class "A" Suit - Base wage rate plus $ .75 per hour. ---------------------------------------------------------------------- ---- Ironworkers 20.25 8.17 - -- - -- ------- --- ----------------------- ------ LABORERS: (ZONE 1) Group 1: 11.39 4.15 Group 2 : 13.71 4.15 Group 3 : 18.39 4.15 FEDERAL PREVAILING WAGE - Building Projects Decision Number: WA930002 Page 5 Group 4: 18.87 4.15 Group 5: 19.23 4.15 ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES) : ZONE 2 - $ .70; ZONE 3 - $1.00 ZONE 1: - Projects within 25 radius miles of the respective city hall. ZONE 2: - More than 25 but less than 45 radius miles from the respective city hall. ZONE 3 : - More than 45 radius miles from the respective city hall. BASE POINTS: Bellingham, Mt. Vernon, Everett, Seattle, Kent, Tacoma, Olympia, Centralia, Aberdeen, Shelton, Pt. Townsend, Pt. Angeles, Bremerton. Group 1: Landscaping and planting; window washer/cleaner (detail clean-up such as but not limited to cleaning floors, ceilings, walls, windows, etc. prior to final acceptance by the owner.) Group 2: Batch weighman, crusher feeder, pilot car, and flagman, fence laborer. Group 3 : General laborer; asbestos abatement laborer; air, gas, or electric vibrating screed; ballast regulator machine; brush cutter, brush hog feeder, burner, change house or dry shack; chipping gun (under 30 lbs) ; coker setter; chucking tender; clean-up laborer; concrete form stripper; curing laborer; demolition (wrecking and moving including charred material) , ditch digger, dump person, fine graders, firewatch, form setter, gabian basket builders, group machine tender, grinders, guardrail erector, hazardous waste worker (level C) , pot tender, scale person sloper sprayer, signal person, stock piler, stake hopper, topper-tailer, track laborer, truck spotter, toolroom man (at job site, vinyl seamer. Group 4: Cement dumper-paving, chipping gun (over 30 lbs) , clary power spreader, concrete saw operator, concrete dumper/chute operator; faller and bucker chain saw, grade checker and transit man, groutmen (pressure) including post tension beams, hazardous waste worker (level B) , high scaler, jackhammer, laserbeam operator, manhole builder-mudman, mortarman and hodcarrier, nozzleman (concrete pump, green cutter when using combination of high pressure air and water on concrete and rock, sandblast, gunite, shotcrete water blaster vacuum blaster) , pavement breaker; pipe layer and caulker, pipe pot tender, pipe wrapper, power jacks, raker asphalt, rivet buster, rodder, sloper (over 201 ) , spreader (concrete) , timber-person-sewer (lagger, shorer and cribber) , vibrator, well point laborer. Group 5: Caisson worker; miner; powderman; re-timberman hazardous waste worker (level A) . ----------------------------------------------------------------------------- PAINTERS: Painters and Drywall Tapers 19.04 2.27 FEDERAL PREVAILING WAGE - Building Projects Decision Number: WA930002 Page 6 GLAZIERS: 21.82 3.79 -------------------------------------------------------------------------- SOFT FLOOR LAYERS: 18.79 4.86 -------------------------------------------------------------------------- CEMENT MASONS 21.16 5.80 -------------------------------------------------------------------------- PLUMBERS AND PIPEFITTERS: Projects over $750,000 25.70 7.09 Projects under $750,000 21.84 7.09 -------------------------------------------------------------------------- ROOFERS : 20.75 4.15 SPRINKLER FITTERS: 24.29 10.535 -------------------------------------------------------------------------- SHEET METAL WORKERS: 24.11 6.16 -------------------------------------------------------------- ------------- TRUCK DRIVERS: Group 1: 20.62 5.20 Group 2: 20.04 5.20 Group 3: 18.28 5.20 Group 4: 14.88 5.20 Group 1: "A-frame or Hydralift" trucks and Boom trucks or similar equipment when "A" frame or "Hydralift" and Boom truck or similar equipment is used; Buggymobile; Bulk Cement Tanker; Dumpsters and similar equipment; Tournarockers, Tournowagon, Tournotrailer, Cat DW series, Terra Cobra, Le Tourneau, Westinghouse, Athey Wagon, Euclid, Two and Four-Wheeled power tractor with trailer and similar top-loaded equipment transporting material. Dump Trucks, side, end, and botton dump, including semi-trucks and trains or combinations thereof: 16 yds to 30 yds capacity. Over 30 yds. , $ .15 per hour additional for each 10 yd. increment. Explosive truck (field mix and similar equipment; Hyster Operators (handling bulk loose aggregates) ; Lowbed and Heavy FEDERAL PREVAILING WAGE - Building Projects Decision Number: WA930002 Page 7 Duty Trailer; Road Oil Distributor Driver; Spreader, Flaherty; Transit mix used exclusively in heavy construction; Water Wagon and Tank Truck - 3000 gallons and over capacity. Group 2 : Bull lifts, or similar equipment used in loading or unloading trucks, transporting materials on job site; Dumpsters, and similar equipment, Tournorockers, Tournowagon, Tournotrailer; Cat. D.W. series, Terra Cobra, Le Tourneau, Westinghouse, Athey wagon, Euclid two and four-wheeled power tractor with trailer and similar top-loaded equipment transporting material. Dump trucks, side, end and bottom dump, including semi-trucks and trains or combination thereof: Less than 16 yd. capacity: Flatbed: Dual Rear Axle; Grease Truck, Fuel Truck, Greaser, Battery Service Man and/or Tire Service Man; Leverman and loader at bunkers and batch plants; Oil tank transport; Scissor, Slurry Truck; Sno-Go and similar equipment; Swampers, Straddler Carrier (Ross, Hyster) and similar equipment; Team Driver; Tractor small, rubber-tired (when used within Teamster jurisdiction; Vacuum truck, Water wagon and tank trucks, less than 30,000 gallons capacity; Winch truck, single rear axle, Wrecker, tow truck and similar equipment Group 3: Flatbed, single rear axle; Pickup sweeper, Pickup Truck. (Adjust upward by $2.00 per hour for onsite work) Group 4: Escort Driver or Pilot Car. HAZMAT PROJECTS Anyone working on a HAZMAT job, where HAZMAT certification is required, shall be compensated as a premium, in addition to the classification working in as follows: LEVEL C: + $ .25 per hour - This level uses an air purifying respirator or additional protective clothing. LEVEL B: + $ .50 per hour - Uses same respirator protection as Level A. Supplied air line is provided in conjunction with a chemical "splash suit. " LEVEL A: + $ .75 per hour - This level utilizes a fully-encapsulated suit with a self-contained breathing apparatus or a supplied air line. ************************************************************************** WELDERS: Receive rate prescribed for craft performing operation to which welding is incidental. ************************************************************************** Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) 2 (ii) ) . - " " � - / m " � . . 9TATt a �i, o= L a- o C i 61 ierfl� 6v Vr y STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES ESAC DIVISION - TELEPHONE (206) 956-5335 Po BOX 44540, OLYMPIA, WASHINGTON 98504-4540 WASHINGTON STATE PREVAILING WAGE RATES WHATCOM COUNTY EFFECTIVE 03-03-94 x * x * * * * x x w x * x * x w * x x * * * w t * x * (SEE BENEFIT CODE KEY) HOURLY HOURLY OVER WAGE FRINGE TIME HOLIDAY NOTE CLASSIFICATION RATE BENEFITS CODE CODE CODE ** ASBESTOS ABATEMENT, CERTIFIED Certified Asbestos Abatement Worker 18.39 4.15 1M 5D ** BOILERMAKERS Boilermaker 22.37 8.14 1R 5N ** BRICKLAYERS AND MARBLE MASONS All Classifications 21.79 4.71 1N 5A ** BUILDING SERVICE EMPLOYEES JANITOR 5.00 .51 1C 5X WAXER 5.10 .51 1C 5X WINDOW CLEANER 5.20 .51 1C 5X ** CABINET MAKERS Cabinet Maker - In Shop 13.12 0.00 1 CARPENTERS 21.04 5.00 1M 5D Carpenter Drywall Applicator 21.04 5.00 1M 5D Creosoted Material 21.14 5.00 1M 5D Floor Finisher 21.17 5.00 1M 5D Floor Layer 21.17 5.00 1M 5D Floor Sander 21.17 5.00 1M 5D SawfiLer 21.17 5.00 1M 5D Shingler 21.17 5.00 1M 5D Accoustical Worker 21.20 5.00 1M 5D Piledriver 21.24 5.00 1M 5D Stationary Woodworking Tools 21.17 5.00 1M 5D Millwright 22.04 5.00 1M 5D ** CEMENT MASONS CEMENT MASON 21.56 6.60 10 5D PATCHING AND PAVING 21.56 6.60 10 5D CURING 21.56 6.60 10 5D CURB AND GUTTER 21.56 6.60 10 5D SIDEWALKS 21.56 6.60 10 5D SEALING COMPOUND 21.56 6.60 10 5D UNDERLAYMENT 21.81 6.60 10 5D MASTIC, EPDXY, PLASTIC 21.81 6.60 10 5D CONCRETE SAW 21.81 6.60 10 5D POWER TOOLS AND GRINDERS 21.81 6.60 10 5D SANDBLASTING 21.81 6.60 10 5D FINISH COLORED CONCRETE 21.81 6.60 10 5D GUNITE NOZZLE PERSON 21.81 6.60 10 5D TUNNEL WORKERS 21.81 6.60 10 5D TROWEL MACHINE ON COLORED 23.06 6.60 10 5D SLABS, COMPOSITION OR KALMAN FLOORS WASHINGTON STATE PREVAILING WAGE RATES - EFFECTIVE 03-03-94 WHATCOM COUNTY (SEE BENEFIT CODE KEY) HOURLY HOURLY OVER WAGE FRINGE TIME HOLIDAY NOTE CLASSIFICATION RATE BENEFITS CODE CODE CODE ** DIVERS AND TENDERS DIVER 52.04 5.00 1M 5D 8B DIVER TENDER 23.15 5.00 1M 5D In addition to the hourly wage and fringe benefits, the following depth premiums, apply to depths of fifty feet or more Over 50' to 100, - $1.00 per foot for each foot over 50 feet Over 100' to 175' - S2.25 per foot for each foot over 100 feet Over 175' to 250, - $5.50 per foot for each foot over 175 feet Over 250, - Divers may name their own price, provided it is no less than the scale listed for 250 feet ** DREDGE WORKERS ASSISTANT ENGINEER 21.01 5.51 16 5I OILER 20.67 5.51 1B 5I LEVERMAN 21.43 5.51 1B 5I BOATMEN 21.01 5.51 1B 5I ASSISTANT MATE (DECKHAND) 20.67 5.51 1B 5I ENGINEER WELDER 21.06 5.51 1B 51 CRANEMAN 21.06 5.51 1B 5I MAINTENANCE 20.57 5.51 1B 51 ** DRYWALL FINISHERS Journey Level 21.52 4.21 1 ** ELECTRICAL FIXTURE MAINTENANCE WORKERS Journey Level 12.16 1.66 1 ** ELECTRICIANS JOURNEY LEVEL 23.95 5.40 11 5M CABLE SPLICER 26.35 5.49 11 5M ** ELECTRICIANS - MOTOR SHOP Craftsperson 13.95 1.42 2A 6C Journey Level 13.29 1.40 2A 6C ** ELECTRICIANS - POWERLINE CONSTRUCTION Journey Level Line Electrician 22.34 5.53 4A 5A BE Cable Splicer 24.73 5.61 4A 5A 8E Certified Line Electrician Welder 22.34 5.53 4A 5A 8E Pole Sprayer 22.34 5.53 4A SA 8E Heavy Line Equipment Worker 22.34 5.53 4A 5A BE Equipment Worker 19.27 4.43 4A 5A BE Head Grounds Person 16.86 4.34 4A 5A 8E Powder Person 16.86 4.34 4A 5A 8E Jackhammer Operator 16.86 4.34 4A 5A BE Grounds Person 15.85 4.31 4A SA BE ** ELECTRONIC TECHNICIANS AND TELECOMMUNICATION TECHNICIANS Journey Level 12.07 0.00 1 ** ELEVATOR CONSTRUCTORS Mechanic in Charge 26.66 7.72 4A 60 Mechanic 23.70 7.54 4A 60 Constructor 16.59 7.12 4A 60 Probationary Constructor 11.85 0.00 4A 60 ** FABRICATED PRECAST CONCRETE PRODUCTS All Classifications 15.82 0.00 1 3 WASHINGTON STATE PREVAILING WAGE RATES - EFFECTIVE 03T03-94 WHATCOM COUNTY (SEE BENEFIT CODE KEY) HOURLY HOURLY OVER WAGE FRINGE TIME HOLIDAY NOTE CLASSIFICATION RATE BENEFITS CODE CODE CODE ** FENCE ERECTORS AND FENCE LABORERS Fence Erector 13.80 0.00 1 Fence Laborer 11.60 0.00 1 ** FLAGGERS Journey level 13.71 4.15 1M 5D ** GLAZIERS Journey Level 14.53 0.00 1 ** GREENHOUSE ERECTORS Greenhouse Erector 8.00 0.00 1 ** HEAT AND FROST INSULATORS (ASBESTOS WORKERS) MECHANIC 24.09 4.91 4A 6R ** HEATING EQUIPMENT MECHANICS Journey Level 16.04 2.41 11 5A '* INDUSTRIAL ENGINE MECHANICS Industrial Engine Mech. 12.86 2.79 1 ** INDUSTRIAL VACUUM POWER CLEANER Journey-level 7.90 1.17 1 ** INLAND BOATMEN Operator 17.59 2.96 1K 5D Engineer-Deckhand 16.81 2.96 1K 5D Deckhand 15.19 2.96 1K 5D ** INSPECTION, CLEANING, SEALING OF SEWER AND WATER SYSTEMS Technician 6.25 0.00 1 Cleaner operator, Foamer Operator 8.25 1.48 1 TV Truck Operator 8.75 1•78 1 Grout Truck Operator 9.50 1.98 1 Head Operator 10.50 2.28 1 ** INSULATION APPLICATORS Journey Level 16.58 0.00 1 '* IRONWORKERS JOURNEY LEVEL 20.25 8.17 1B 5A ** LABORERS Asphalt Raker 18.87 4.15 1M 5D Ballast Regulator Machine 18.39 4.15 1M 5D Batch Weighman 13.71 4.15 1M 5D Cassion Worker 19.23 4.15 1M 5D Carpenter Tender 18.39 4.15 1M 5D Cement Dumper/Paving 18.87 4.15 1M 5D Cement Finisher Tender 18.39 4.15 1M 5D Chipping Gun 18.39 4.15 1M 5D Chuck Tender 18.39 4.15 1M 5D Clean-up Laborer 18.39 4.15 1M 5D Concrete Form Stripper 18.39 4.15 1M 5D Concrete Saw Operator 18.87 4.15 1M 5D Crusher Feeder 13.71 4.15 1M 5D Curing Concrete 18.39 4.15 1M 5D Demolition - Wrecking and Moving 18.39 4.15 1M 5D (including charred materials) Diver 19.23 4.15 1M 5D Drill Operator (Hydraulic, Diamond, Air Trac) 18.87 4.15 1M 5D WASHINGTON STATE PREVAILING WAGE RATES - EFFECTIVE 03-03-94 WHATCOM COUNTY (SEE BENEFIT CODE KEY) HOURLY HOURLY OVER WAGE FRINGE TIME HOLIDAY NOTE CLASSIFICATION RATE BENEFITS CODE CODE CODE Epoxy Technician 18.39 4.15 1M 5D Faller/Bucker-Chain Saw 18.87 4.15 1M 5D Final Detail Cleanup 11.39 4.15 1M 5D Gabion Basket Builder 18.39 4.15 1M 5D General Laborer 18.39 4.15 1M 5D Grade Checker and Transit Man 18.87 4.15 1M 5D Grinders 18.39 4.15 1M 5D Hazardous Waste Worker Level A 19.23 4.15 IN 5D Hazardous Waste Worker Level B 18.87 4.15 1M 5D Hazardous Waste Worker Levels C and D 18.39 4.15 1M 5D High Scaler 18.87 4.15 1M 5D Hod Carrier/Mortarman 18.87 4.15 1M 5D Jackhammer 18.87 4.15 1M 5D Miner 19.23 4.15 1M 5D Nozzleman - Concrete Pump, Green Cutter when 18.87 4.15 1M 5D using high pressure air and water on concrete and rock, sandblast, Gunite, Shotcrete, Water Blaster Pavement Breaker 18.87 4.15 1M 5D Pilot Car 13.71 4.15 1M 5D Pipe Reliner (not insert type) 18.87 4.15 1M 5D Pipelayer and Caulker 18.87 4.15 1M 5D Pot Tender 18.39 4.15 1M 5D Powderman 19.23 4.15 1M 5D Powderman Helper 18.39 4.15 1M 5D Railroad Spike Puller (power) 18.87 4.15 1M 5D Re-Timberman 19.23 4.15 1M 5D Spreader (Concrete) 18.87 4.15 1M 5D Spreader - Clary Power or Similar Types 18.87 4.15 1M 5D Stake Hopper 18.39 4.15 1M 5D Tamper (Multiple and Self Propelled) 18.87 4.15 1M 5D Tamper and Similar Electric, Air and Gas 18.87 4.15 1M 5D Toolroom Man (at job site) 18.39 4.15 1M 5D Topman - Tailman 18.39 4.15 1M 5D Trackliner (Power) 18.87 4.15 1M 5D Tugger Operator 18.39 4.15 1M 5D Vibrating Screed (air, Gas, or Electric 18.39 4.15 1M 5D Vibrator 18.87 4.15 1M 5D Well-Point Person 18.87 4.15 1M 5D ** LABORERS - UTILITIES CONSTRUCTION ALI Classifications 17.76 0.00 1 ** LANDSCAPE CONSTRUCTION Irrigation Equipment Installers 8.00 0.00 1 Irrigation & Landscape Equipment Operators 10.82 0.00 1 Landscaping or Planting Laborers 6.95 0.00 1 +* LATHERS JOURNEY LEVEL 21.06 5.00 11 6H ** MACHINISTS (HYDROELECTRIC SITE WORK) Machinist 16.84 0.00 1 ** MATERIAL SUPPLIER - TRANSIT MIX Driver 9.55 2.62 2N 6N ** METAL FABRICATORS (IN SHOP) Fitter/Welder 13.81 0.00 1 Machine Operator 13.81 0.00 1 Laborer 9.00 0.00 1 5 WASHINGTON STATE PREVAILING WAGE RATES - EFFECTIVE 03-03-94 WHATCOM COUNTY (SEE BENEFIT CODE KEY) HOURLY HOURLY OVER WAGE FRINGE TIME HOLIDAY NOTE CLASSIFICATION RATE BENEFITS CODE CODE CODE ** PAINTERS JOURNEY LEVEL 18.79 2.89 1 5A ** PLASTERERS 20.63 6.25 1B 5A JOURNEY LEVEL t* PLAYGROUND AND PARK EQUIPMENT INSTALLERS Journey Level 6.95 0.00 1 ** PLUMBERS AND PIPEFITTERS Journey Level 19.79 10.16 1S 5A ** POWER EQUIPMENT OPERATORS A-Frame Crane over 10 ton 21.25 5.51 1N 5D 8L A-Frame Crane, 10 tons and under 19.15 5.51 1N 5D 8L Assistant Engineers (Oilers) 19.15 5.51 1N 5D 8L Backhoe 75 HP & under 21.25 5.51 1N 5D 8L Backhoe 75 HP & over 21.61 5.51 1N 5D 8L Backhoe 3 yds & under 21.61 5.51 1N 5D 8L Backhoes over 3 yards to 6 yards 22.05 5.51 1N 5D 8L .Belt Loaders - Elevating Type 21.25 5.51 1N 5D 8L Bobcat 19.15 5.51 1N 5D 81. Brooms 19.15 5.51 1N 5D 8L Bump Cutter 21.61 5.51 1N 5D 8L Cableways 22.05 5.51 1N 5D 8L Chipper 21.61 5.51 1N 5D 8L Compressors 19.15 5.51 1N 5D 8L Concrete Batch Plant 21.61 5.51 1N 5D 8L Concrete Pumps 21.25 5.51 1N 5D 8L Conveyors 21.25 5.51 1N 5D 8L Crane - 200 tons and over, or 250' of boom 23.05 5.51 1N 5D 8L including jib with attachments Crane - 100 Tons thru 199 Tons 22.55 5.51 1N 5D 8L or 150 Ft. Boom including Jib and over Crane - 45 Tons through 99 tons or 22.05 5.51 1N 5D 8L 150 Ft. of Boom Crane - Overhead, Bridge Type (45 - 99 tons) 22.05 5.51 1N 5D 8L Crane - Overhead, Bridge Type 100 T. and Over 22.55 5.51 1N 5D 8L Crane - Overhead, Bridge Type (20 - 44 tons) 21.61 5.51 1N 5D 8L Cranes - 20 - 44 tons 21.61 5.51 1N 5D 8L Cranes - through 19 tons 21.25 5.51 1N 5D 8L Crushers 21.61 5.51 1N 5D 8L Deck Engineer/Deck Winches (power) 21.61 5.51 1N 5D 8L Derrick, Building 22.05 5.51 1N 5D 8L Dozers, D-9 & under 21.25 5.51 1N 5D 8L Drill Oilers - Auger Type 21.25 5.51 1N 5D 8L Drilling Machine 21.61 5.51 1N 5D 8L Equipment Service Engineer (Oiler) 21.25 5.51 1N 5D 8L Finishing Machine/Curb Extruder 21.61 5.51 1N 5D 8L Fork Lifts, under 3000 lbs 19.15 5.51 1N 5D 8L Fork Lifts, 3000 lbs and over 21.25 5.51 1N 5D 81. Grade Engineer 21.25 5.51 1N 5D 8L Gradechecker and Stakeman 19.15 5.51 1N 5D 8L Hoists, Air Tuggers, 21.25 5.51 1N 5D 8L Hydralifts/Boom Trucks 10 tons and under 19.15 5.51 1N 5D 8L Hydralifts/ Boom Trucks over 10 tons 21.25 5.51 1N 5D 8L Loaders, 8 yds # over 22.55 5.51 1N 5D 8L Loaders, Overhead 6 yards up to 8 yards 22.05 5.51 1N 5D 8L Loaders, Overhead under 6 yards 21.61 5.51 1N 5D 8L Locomotives, All 21.61 5.51 1N 5D 81 Mechanics, All (Welders) 21.61 5.51 1N 5D 8L Mixers, Asphalt Plant 21.61 5.51 1N 5D 8L WASHINGTON STATE PREVAILING WAGE RATES - EFFECTIVE 03-03-94 WHATCOM COUNTY (SEE BENEFIT CODE KEY) HOURLY HOURLY OVER WAGE FRINGE TIME HOLIDAY NOTE CLASSIFICATION RATE BENEFITS CODE CODE CODE Motor Patrol Grader - Non-finishing 21.25 5.51 1N 5D 8L Motor Patrol Grader - Finishing 21.61 5.51 1N 5D 8L Mucking Machine, Mole, 22.05 5.51 1N 5D 8L Tunnel Drill and/or Shield oil Distributors, Blowers, etc. 19.15 5.51 1N 5D 8L Pavement Breaker 19.15 5.51 1N 5D 8L Permanent Shaft-type Elevator or Manlift 19.15 5.51 1N 5D 8L Piledriver (Other than Crane Mount) 21.61 5.51 -1N 5D 8L Plant Oiler (Asphalt Crusher) 21.25 5.51 1N 5D 8L Posthole Digger, Mechanical 19.15 5.51 1N 5D 8L Power Plant 19.15 5.51 1N 5D 8L Pump Truck Mounted 21.61 5.51 1N 5D 8L Concrete Pump with Boom Attachment Pumps, Water 19.15 5.51 1N 5D 8L Quad 9 and Similar, D-10 and HD-41 22.05 5.51 1N 5D 8L Remote Control Operator 22.05 5.51 1N 5D 8L Rollagon 22.05 5.51 1N 5D 8L Roller, Other than Plant Road Mix 19.15 5.51 1N 5D 8L Rollers, PLantmix or 21.25 5.51 1N 5D 8L Multilift Materials - Composition Materials Roto-Mill, Roto-Grinder 21.61 5.51 1N 5D 8L Saws, Concrete 21.25 5.51 1N 5D 8L Scrapers - Carry All 21.25 5.51 1N 5D 8L Scrapers, Concrete 21.25 5.51 1N 5D 8L Scrapers, Self-propelled 45 yards and over 22.05 5.51 1N 5D 8L Scrapers, Self-propelled under 45 yards 21.61 5.51 1N 5D 8L Screed Man 21.61 5.51 1N 5D 8L Shotcrete Gunite 19.15 5.51 1N 5D 8L Shovels and Attachments, 6 yards & over 22.55 5.51 1N 5D 8L Shovels 3 yds & under 21.61 5.51 1N 5D 8L Shovels over 3 yards to 6 yards 22.05 5.51 1N 5D 8L Slipform Pavers 22.05 5.51 1N 5D 8L Spreader, Topside Operator 21.25 5.51 1N 5D 8L Sub-grader - Trimmer 21.61 5.51 1N 5D 8L Tower Crane 22.55 5.51 1N 5D 8L Tractors 75 HP & under 21.25 5.51 1N 5D 8L Tractors over 75 HP 21.61 5.51 1N 5D 8L Transporters, ALL Track or Truck Type 22.05 5.51 1N 5D 8L Trenching Machines 21.25 5.51 1N 5D 8L Truck Crane Oiler/Driver - 100 T. & over 21.61 5.51 1N 5D 8L Truck Crane Oiler/Driver - under 100 T. 21.25 5.51 1N 5D 8L Wheel Tractors, Farman Type 19.15 5.51 1N 5D 8L YoYo Dozer 21.61 5.51 1N 5D 8L ** POWER EQUIPMENT OPERATORS - UTILITIES CONSTRUCTION All Classifications 19.05 0.00 1 ** POWER LINE CLEARANCE TREE TRIMMERS JOURNEY LEVEL IN CHARGE 18.95 4.41 4A 5A TREE TRIMMER 16.36 4.32 4A 5A CHIPPER OPERATOR 13.09 3.51 4A 5A SPRAY PERSON 13.09 3.51 4A 5A TREE TRIMMER GROUND PERSON 11.47 3.45 4A 5A ** REFRIGERATION AND AIR CONDITIONING MECHANIC MECHANIC 27.6E 0.00 1 ** RESIDENTIAL CONSTRUCTION Res. Carpenters 11.85 3.50 1 Res. Communication Tech. 12.07 0.00 1 Res. Drywall Tapers 18.95 0.00 1 Res. Electricians 17.16 0.00 1 Res. Electronic Tech. 12.07 0.00 1 7 WASHINGTON STATE PREVAILING WAGE RATES - EFFECTIVE 03-03-94 WHATCOM COUNTY (SEE BENEFIT CODE KEY) HOURLY HOURLY OVER WAGE FRINGE TIME HOLIDAY NOTE CLASSIFICATION RATE BENEFITS CODE CODE CODE Res. Glaziers 10.72 0.00 1 Res. Insulation AppL. 11.00 2.96 1 Res. Laborers 8.27 1.00 1 Res. Painters 10.00 0.00 1 Res. Plumbers 17.18 0.00 1 Res. Refrigeration Mech. 13.16 5.58 1 Res. Air Conditioning 12.41 4.25 1 Res. Sheet Metal Mach. 13.55 2.70 1 ** ROOFERS AND WATERPROOFER$ JOURNEY LEVEL 18.50 3.35 20 5H IRRITABLE MATERIALS 20.50 3.35 20 5H ** SHEET METAL WORKERS MECHANIC 20.89 5.94 4A 5B ** SIGN HANGERS ALL Classifications 14.30 1.73 1 ** SIGN MAKERS AND INSTALLERS (ELECTRICAL) Journey Level 14.30 1.73 1 Stock Person 7.17 1.52 1 ** SOFT FLOOR LAYERS Journey Level 10.88 0.00 1 ** SOLAR CONTROLS FOR WINDOWS Journey Level 5.20 0.41 1C 5X *" SPRINKLER FITTERS - FIRE PREVENTION Journey Level 12.21 0.00 1 ** STAGE RIGGING MECHANICS Mechanic 10.50 2.73 1 ** SURVEYORS Chain Person 9.35 0.00 1 Instrument Person (Junior Engineer) 11.40 0.00 1 Party Chief 13.40 0.00 1 ** TELEPHONE LINE CONSTRUCTION - OUTSIDE CABLE SPLICER 17.53 2.09 1B 5A SPECIAL APPARATUS INSTALLER I 17.53 2.09 1B 5A SPECIAL APPARATUS INSTALLER II 17.12 2.09 1B 5A INSTALLER - REPAIRER 16.69 2.08 18 5A TELEPHONE EQUIPMENT OPERATOR - HEAVY 17.53 2.09 16 5A TELEPHONE EQUIPMENT OPERATOR - LIGHT 16.11 2.07 1B 5A JOURNEY LEVEL TELEPHONE LINEPERSON 16.11 2.07 1B 5A HOLE DIGGER/GROUND PERSON 8.57 1.92 1B 5A TREE TRIMMER 16.11 2.07 1B 5A POLE SPRAYER 16.11 2.07 1B 5A TELEVISION SYSTEM TECHNICIAN 14.29 2.03 18 5A TELEVISION TECHNICIAN 12.57 2.00 1B 5A TELEVISION LINEPERSON 11.55 1.98 1B 5A TELEVISION GROUND PERSON 8.00 1.91 1B 5A ** TERRAZZO WORKERS AND TILE SETTERS JOURNEY LEVEL 21.62 4.71 1N 5A WASHINGTON STATE PREVAILING WAGE RATES - EFFECTIVE 03-03-94 WNATCOM COUNTY (SEE BENEFIT CODE KEY) HOURLY HOURLY OVER WAGE FRINGE TINE HOLIDAY NOTE CLASSIFICATION RATE BENEFITS CODE CODE CODE ** TILE, MARBLE AND TERRAZZO FINISHERS FINISHER 17.30 4.71 1N SA ** TRAFFIC CONTROL STRIPERS JOURNEY LEVEL 18.14 3.49 lK 5A •* TRUCK DRIVERS ALL Classifications 15.00 3.71 1 ** WELL DRILLERS - Irrigation Pump Installers 11.60 0.00 1 Oiler 9.45 0.00 1 Well Driller 11.60 0.00 1 :CEIV `: FiR 14 BENEFIT CODE KEY EFFECTIVE 03-03-94 iitRRRRftf#Rtt##ifiitif#iiiiit#iittRii•#tfti###IRi##R#Rff•i##f#i###ii#iii#i#fRtRitRRi#ifRiRiffRiii#Riff#Rttftitf•fRRf OVERTIME CODES t. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A ALL HOURS WORKED ON SATURDAYS, SUNDAYS AND HOLIDAYS SHALL ALSO BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. C. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE-OF WAGE. D. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. E. ALL HOURS WORKED ON SATURDAYS(EXCEPT MAKEUP DAYS), SUNDAYS AND HOLIDAYS SHALL ALSO BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. F. ALL HOURS WORKED ON SATURDAYS,SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. G. ALL HOURS WORKED ON SATURDAY AND SUNDAY (EXCEPT MAKEUP DAY) SHALL BE PAID AT ONE AND ONE- HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. H. ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, IN ADDITION TO THE REGULAR HOLIDAY PAY. 1. ALL HOURS WORKED ON SATURDAYS AND SUNDAYS (EXCEPT MAKEUP DAYS DUE TO INCLEMENT WEATHER) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. J. THE FIRST EIGHT(8)HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF nmES THE HOURLY RATE OF WAGE. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS ON SATURDAY, AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. K. ALL HOURS WORKED ON SATURDAYS AND SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. L. ALL HOURS WORKED ON SATURDAYS (EXCEPT AS A MAKEUP DAY) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, IN ADDITION TO THE REGULAR HOLIDAY PAY. M. ALL HOURS WORKED ON SATURDAYS(EXCEPT MAKEUP DAYS IF WORK IS LOST DUE TO INCLEMENT WEATHER CONDITIONS)SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. N. ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS)SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. 0. ALL HOURS WORKED ON SATURDAYS (EXCEPT FOR MAKEUP DAYS) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. 1 l P. ALL HOURS WORKED ON SATURDAYS AND SUNDAYS(EXCEPT MAKEUP DAYS)SHALL BE PAID AT ONE AND ONE- HALF TIMES THE HOURLY RATE OF WAGE. Q. ALL HOURS WORKED ON SATURDAYS (EXCEPT FOR MAKE-UP DAYS DUE TO INCLEMENT WEATHER) AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS, SHALL BE PAID AT ONE AND ONE HALF TIMES THE HOURLY RATE OF WAGE. R. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. S. ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE PLUS HEALTH AND WELFARE AND VACATION. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE PLUS HEALTH AND WELFARE AND VACATION. T. ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. FOR ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK AND FOR ALL HOURS WORKED ON SATURDAYS,SUNDAYS AND HOLIDAYS,THE HEALTH&WELFARE,AND VACATION BENEFITS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE. PENSION AND TRAINING SHALL BE PAID AT THE REGULAR HOURLY RATE. - U. ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS(EXCEPT LABOR DAY)SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON LABOR DAY SHALL BE PAID AT THREE TIMES THE HOURLY RATE OF WAGE. V. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT THE PREVAILING HOURLY RATE OF WAGE IN ADDITION TO THE HOLIDAY PAY. W. ALL HOURS WORKED ON SATURDAYS AND SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. SATURDAYS AND SUNDAYS MAY BE WORKED AS A MAKE-UP DAY AT THE PREVAILING HOURLY RATE OF WAGE (NO OVERT a) WHEN WORK IS LOST DUE TO ANY REASON BEYOND THE EMPLOYER'S CONTROL. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. X ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE PLUS ONE AND ONE-HALF TIMES THE VACATION,HEALTH,WELFARE AND DENTAL BENEFITS. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE PLUS TWO TIMES THE VACATION,HEALTH,WELFARE AND DENTAL BENEFITS. Y. ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TTMFS THT.HOURLY RATE.OF WAGE. WHERE CONDITIONS REQUIRE WORK TO BE DONE ON SATURDAY,THE WORK WEEK MAY BE TUESDAY THROUGH SATURDAY. Z. THE FIRST EIGHT HOURS ON THE FIRST SHIFT ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL OTHER HOURS WORKED ON SATURDAYS AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT T%VO TIMES THE HOURLY RATE OF WAGE. 2. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. THE FIRST SIX(6)HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED IN EXCESS OF SIX (6) HOURS ON SATURDAY AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. B. ALL HOURS WORKED ON SATURDAYS(EXCEPT WHEN WORKED AS A MAKE-UP DAY)SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE,PLUS HOLIDAY PAY(IF ELIGIBLE). C. THE FIRST TEN HOURS WORKED ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED IN EXCESS OF ELEVEN HOURS PER DAY,MONDAY THROUGH FRIDAY,ALL HOURS WORKED IN EXCESS OF TEN HOURS ON SATURDAYS, AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE- 2 2 D. ALL HOURS WORKED ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, IN ADDMON TO THE REGULAR STRAIGHT-TIME PAY FOR HOLIDAYS. E. ALL HOURS WORKED ON SATURDAYS OR HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT ONE AND ONE- HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS OR ON LABOR DAY SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. F. THE FIRST EIGHT(8)HOURS WORKED ON HOLIDAYS SHALL BE PAID AT THE STRAIGHT HOURLY RATE OF WAGE IN ADDITION TO THE HOLIDAY PAY. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. G. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT TWO AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, IN ADDITION TO THE REGULAR STRAIGHT-TIME PAY FOR HOLIDAYS. H. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE, INCLUDING THE HOLIDAY PAY. I. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON PAID HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE, INCLUDING THE HOLIDAY PAY. ALL HOURS WORKED ON UNPAID HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. J. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON PAID HOLIDAYS SHALL BE PAID AT TWO AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, INCLUDING THE HOLIDAY PAY. ALL HOURS WORKED ON UNPAID HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. K. ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, IN ADDITION TO THE REGULAR STRAIGHT-TIME PAY FOR HOLIDAYS. ALL HOURS WORKED IN EXCESS OF EIGHT(8) HOURS PER DAY SHALL BE PAID AT THREE TIMES THE HOURLY RATE OF WAGE. L. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT TWO TINES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. M. ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. N. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, IN ADDITION TO THE HOLIDAY PAY. O. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. 4. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. A- ALL HOURS WORKED ON SATURDAYS,SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. HOLIDAY CODES 5 A- HOLIDAYS: NEW YEAR'S DAY,MEMORIAL DAY,INDEPENDENCE DAY,LABOR DAY,THANKSGIVING DAY,FRIDAY AFTER THANKSGIVING DAY,AND CHRISTMAS DAY M. 3 5. B. HOLIDAYS: NEW YEAR'S DAY,MEMORIAL DAY,INDEPENDENCE DAY, LABOR DAY,THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY,THE DAY BEFORE CHRIST",AND CHRISTMAS DAY(8). C. HOLIDAYS: NEW YEAR'S DAY, WASHINGTONS BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY,THE FRIDAY AFTER THANKSGIVING DAY,AND CHRISTMAS DAY(8). D. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AND SATURDAY AFTER THANKSGIVING DAY,AND CHRISTMAS DAY W. E. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY,CHRIST"DAY,AND PRESIDENTIAL ELECTION DAY(8). F HOLIDAYS: NEW YEAR'S DAY, WASHINGTONS BIRTHDAY, MEMORIAL DAY,.INDEPENDENCE DAY, LABOR DAY, PRESIDENTIAL.ELECTION DAY,THANKSGIVING DAY,THE FRIDAY AFTER THANKSGIVING DAY,AND CHRISTMAS DAY(9). G. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE LAST WORK DAY BEFORE CHRISTMAS DAY,AND CHRISTMAS DAY(7). H. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY,AND CHRISTMAS(6). [. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRIST"DAY(6). , J. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY,DECEMBER 24TK CHRISTMAS DAY,AND DECEMBER 31ST(9). K. HOLIDAYS: NEW YEAR'S DAY, WASHINGTONS BIRTHDAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY,CHRISTMAS DAY,AND A DAY OF THE EMPLOYEE'S CHOICE(7). L. HOLIDAYS: NEW YEAR'S DAY,WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING,THE FRIDAY AFTER THANKSGIVING DAY,THE DAY BEFORE CHRISTMAS DAY,AND CHRISTMAS DAY(9). M. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY,THE DAY BEFORE CHRISTMAS DAY,AND CHRISTMAS DAY(8). N. HOLIDAYS: NEW YEAR'S DAY, WASHINGTONS BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS'DAY,THANKSGIVING DAY,THE FRIDAY AFTER THANKSGIVING DAY,AND CHRISTMAS DAY(9). 0. PAID HOLIDAYS: NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY.AND CHRISTMAS DAY(6). P. PAID HOLIDAYS: NEW YEAR'S DAY,WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY,THANKSGIVING DAY,THE FRIDAY AFTER THANKSGIVING DAY,AND CHRISTMAS DAY(8). Q. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY(6). R. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY,THANKSGIVING DAY, THE LAST WORK DAY BEFORE CHRISTMAS DAY,AND CHRISTMAS DAY(7). S. PAID HOLIDAYS: NEW YEAR'S DAY,WASHINGTON'S BIRTHDAY, MEMORIAL, DAY, INDF.PFNDFNCE DAY. LABOR DAY,THANKSGIVING DAY,AND CHRISTMAS DAY(7). T. PAID HOLIDAYS: SEVEN(7)PAID HOLIDAYS. U. PAID HOLIDAYS: NEW YEARS DAY, WASHINGTONS BIRTHDAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY,CHRISTMAS DAY,AND A DAY OF THE EMPLOYEES CHOICE(7). V, PAID HOLIDAYS: SIX(6)PAID HOLIDAYS. 4 5. W PAID HOLIDAYS: NINE(9)PAID HOLIDAYS. X. HOLIDAYS: AFTER 520 HOURS - NEW YEAR'S DAY, THANKSGIVING DAY AND CHRISTMAS DAY. AFTER 2090 HOURS - NEW YEAR'S DAY, WASHINGTONS BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY,CHRISTMAS DAY AND A FLOATING HOLIDAY(8). Y. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, PRESIDENTIAL ELECTION DAY,THANKSGIVING DAY,THE FRIDAY FOLLOWING THANKSGIVING DAY,AND CHRISTMAS DAY(8). Z. PAID HOLIDAYS: EIGHT(9)PAID HOLIDAYS. 6. A PAID HOLIDAYS: NEW YEAR'S DAY, THE DAY BEFORE OR THE DAY AFTER NEW YEAR'S DAY, WASHINGTONS BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY, CHRISTMAS DAY,AND THE DAY BEFORE OR THE DAY AFTER CHRISTMAS DAY(10). B. HOLIDAYS: NEW YEARS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY,THE DAY BEFORE CHRISTMAS DAY, CHRISTMAS DAY,AND THE DAY BEFORE NEW YEAR'S DAY(9). C. HOLIDAYS: NEW YEAR'S DAY, WASHINGTONS BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY, THE LAST WORK DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY(9). ' D. HOLIDAYS: NEW YEARS DAY AND THE FRIDAY AFTER THANKSGIVING DAY(2). PAID HOLIDAYS: MEMORIAL DAY,INDEPENDENCE DAY,LABOR DAY,THANKSGIVING DAY AND CHRISTMAS DAY(5). E. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, LAST MONDAY IN MAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY,FRIDAY AND SATURDAY AFTER THANKSGIVING DAY AND CHRISTMAS DAY(9). F. HOLIDAYS: NEW YEARS DAY,WASHINGTONS BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, ARMISTICE DAY,THANKSGIVING DAY,FRIDAY AFTER THANKSGIVING DAY AND CHRISTMAS DAY(9). G. HOLIDAYS: NEW YEAR'S DAY,MEMORIAL DAY,INDEPENDENCE DAY,LABOR DAY,THANKSGIVING DAY,FRIDAY AFTER THANKSGIVING DAY AND CHRISTMAS DAY. PAID HOLIDAYS: PRESIDENTS DAY. H. HOLIDAYS: NEW YEAR'S DAY, MARTIN LUTHER KING JR. DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY,THANKSGIVING DAY,THE FRIDAY AFTER THANKSGIVING DAY,AND CHRISTMAS DAY(8). I. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY,FRIDAY AFTER THANKSGIVING DAY,AND CHRISTMAS DAY(7). J. HOLIDAY: NEW YEAR'S DAY(1). PAID HOLIDAYS: MEMORIAL DAY,INDEPENDENCE DAY,LABOR DAY, THANKSGIVING DAY,FRIDAY AFTER THANKSGIVING DAY,AND CHRISTMAS DAY(6). K. HOLIDAYS: NEW YEAR'S DAY, FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (3). PAID HOLIDAYS: MEMORIAL DAY,INDEPENDENCE DAY,LABOR DAY,AND THANKSGIVING DAY(4). L. PAID HOLIDAYS: MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY(5). M. PAID HOLIDAYS: THANKSGIVING AND CHRISTMAS. UNPAID HOLIDAYS: NEW YEAR'S DAY,MEMORIAL DAY,INDEPENDENCE DAY,LABOR DAY AND THE DAY AFTER THANKSGIVING. N. PAID HOLIDAYS: MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY AND CHRISTMAS DAY. UNPAID HOLIDAYS: NEW YEAR'S DAY AND THE DAY AFTER THANKSGIVING DAY. 0. PAID HOLIDAYS: NEW YEAR'S DAY,WASHINGTONS BIRTHDAY,MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY, CHRISTMAS AND THE DAY AFTER CHRISTMAS. P. PAID HOLIDAYS: MEMORIAL DAY, INDEPENDENCE DAY AND LABOR DAY. UNPAID HOLIDAYS: NEW YEAR'S DAY,THANKSGIVING DAY,THE DAY AFTER THANKSGIVING DAY AND CHRISTMAS DAY. 5 6 Q. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY AND CHRISTMAS DAY. UNPAID HOLIDAY: PRESIDENTS'DAY. R. HOLIDAYS: NEW YEAR'S DAY;MARTIN LUTHER KING,JR. DAY;WASHINGTONS BIRTHDAY; MEMORIAL DAY; INDEPENDENCE DAY; THANKSGIVING DAY; THE FRIDAY AFTER THANKSGIVING DAY; AND CHRISTMAS DAY(8). NOTE CODES 8. A ALL CLASSIFICATIONS, INCLUDING ALL APPRENTICES, REPORTING TO AN EMPLOYER'S DESIGNATED JOB HEADQUARTERS AND WORKING A MINIMUM OF FOUR (4) HOURS IN ANY ONE (1) DAY SHALL RECEIVE A PER DIEM ALLOWANCE OF TWENTY-FOUR DOLLARS (S24.00) IN ADDITION TO THE HOURLY WAGE AND FRINGE BENEFITS. B. THE WAGE RATES AND DEPTH PREMIUMS ARE FOR SURFACE SUPPLIED DIVERS AND SCUBA DIVERS. THE STANDBY RATE OF PAY FOR DIVERS SHALL BE ONE-HALF TIMES THE DIVERS RATE OF PAY. D. WORKERS WORKING WITH SUPPLIED AIR ON HAZMAT PROJECTS RECEIVE AN ADDITIONAL S1.00 PER HOUR. E. ALL CLASSIFICATIONS, INCLUDING ALL APPRENTICES, REPORTING TO AN EMPLOYER'S DESIGNATED JOB HEADQUARTERS AND WORKING A MINIMUM OF FOUR(4) HOURS IN ANY ONE (1) DAY SHALL RECEIVE A PER DIEM ALLOWANCE OF TWENTY-FOUR DOLLARS (S24.00) IN ADDITION TO THE PREVAILING HOURLY RATE OF WAGE AND FRINGE BENEFITS. F FIVE (5) DAYS VACATION AFTER ONE YEAR OF SERVICE. TEN (10) DAYS VACATION AFTER THREE YEARS OF SERVICE. I. APPRENTICES BELOW 80%RECEIVE A PENSION CONTRIBUTION IN THE AMOUNT OF S.75. APPRENTICES 80%AND ABOVE RECEIVE A PENSION CONTRIBUTION IN THE AMOUNT OF SI.55. J. NO WORK SHALL BE PERFORMED ON LABOR DAY OR CHRISTMAS DAY EXCEPT WHEN LIFE OR PROPERTY IS IN IMMINENT DANGER. SHOULD ANY OF THESE HOLIDAYS FALL ON SUNDAY,THE FOLLOWING MONDAY SHALL BE CONSIDERED A LEGAL HOLIDAY. K. VETERANS DAY AND THE FRIDAY AFTER THANKSGIVING ARE OPTIONAL HOLIDAYS AND ARE PAID AT THE REGULAR RATE OF PAY ONLY WHEN WORKED. L. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A: $0.75, LEVEL D:T+0.50, AND LEVEL C:S025. M. FIVE (5) DAYS VACATION AFTER ONE YEAR OF SERVICE. TEN (10) DAYS VACATION AFTER TWO YEARS OF SERVICE. NOTE: PART TIME EMPLOYEES (WORKING 20 HOURS OR LESS PER WEEK) ARE NOT ENTITLED TO RECEIVE ANY FRINGE BENEFITS. N. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A SI.00, LEVEL B:S0.75,LEVEL C:S0.50, AND LEVEL D:S0.25. O. FIVE(5)DAYS VACATION AFTER ONE(1)YEAR. R. FIVE(5)DAYS VACATION PER YEAR. S. ONE WEEK VACATION AFTER ONE YEAR OF SERVICE, TWO WEEKS VACATION AFTER THREE YEARS OF SERVICE. THREE WEEKS VACATION AFTER NINE YFARS nF SFRVTCF T. TWO WEEKS VACATION FOR ONE TO THREE YEARS OF SERVICE. FOUR WEEKS VACATION FOR THREE TO SIX YEARS OF SERVICE. SIX WEEKS VACATION FOR SIX OR MORE YEARS OF SERVICE. U. THE PREVAILED VACATION AMOUNT REPRESENTS THE COST TO A CONTRACTOR OR SUBCONTRACTOR WHICH MAY BE REASONABLY ANTICIPATED IN PROVIDING THE FOLLOWING VACATION PLAN: ONE WEEK AFTER ONE YEAR TWO WEEKS AFTER TWO YEARS. THREE WEEKS AFTER EIGHT YEARS. FOUR WEEKS AFTER SIXTEEN YEARS. TWELVE HUNDRED HOURS MUST BE WORKED IN A YEAR'S TIME TO BE ELIGIBLE. 6 HALLER PARK &BILL QUAKE MEMORIAL SPECIFICATION DIVISION 1 GENERAL REQUIREMENTS 01000 GENERAL REQUIREMENTS A. GENERAL CONDITIONS of the Contract for Construction,and the following General Requirements apply to all sections of these specifications. B. WORK of this Contract comprises of a compliance to Americans with Disabilities Act to existing bathroom facilities at Haller Park & Bill Quake Memorial Park. 01040 COORDINATION A. COORDINATE the Work of all trades under this Contract and with the work provided under separate contracts let by Owner to avoid delays and conflicts between sub-trades. Prioritize sequence of portions of the Work and resolve all tight-fit conditions in advance of installation. Responsibility for coordination and completion shall rest with the Contractor. Verify colors,model numbers, manufacturers and critical dimensions before proceeding with the Work. B. NOTIFY building inspection agencies in a timely manner to not delay portions of the Work requiring inspections. 01050 FIELD ENGINEERING A. Inspect the site and location of the Work and become acquainted with and understand all conditions relating to the Work to be performed under this Contract. B. Be responsible for accuracy and correctness of lines,grades,and for establishing location of buried sewer & water lines. 01060 REGULATORY REQUIREMENTS A. COMPLY with all current, applicable laws and the latest editions of industry standards in effect at the time of building permit application and during the period of construction,including,but not limited to: 1. Uniform Building Code(UBC), 2.Uniform Plumbing Code(UPC), 3.Uniform Mechanical Code(UMC), 4. National Electrical Code (NEC), 5. Washington State Energy and Ventilation Code, 6. Manufacturers' installation and materials standards, 7.Requirements relating to contractor licensing, 8.Building permits,zoning and consumer protection, 9. Workers' compensation and employer's liability. B. PLAN CHECK FEE and building permit fee by Owner.Obtain all other permits and inspections, as required. 01300 SUBMITTALS A. PROVIDE submittals in a timely manner in order to not delay construction.Allow at least five working days for Architect review.Submit material samples in manufacturer's full color ranger and on same type of surface as final installation. B. CONTENT of shop drawings,product literature,and samples shall be adequate to fully describe color, pattern,details, and construction of items specified. Delete information not applicable to the Work. Haller&Quake June 28,1994 1 i Submit number of copies needed by Contractor plus two for Architect to retain. C. NO WORK requiring submittals shall begin until final reviewed submittals are returned by the Architect. 01600 MATERIAL AND EQUIPMENT A. ALL MATERIAL AND EQUIPMENT incorporated in the Work shall be new,unless otherwise specified; in condition acceptable to the Architect; suitable for the intended use. 01700 CONTRACT CLOSE-OUT A. WARRANTIES AND BONDS: Assemble warranties,bond,and service and maintenance contracts executed by each of the respective manufacturers,suppliers,and subcontractors.Submit prior to final request for payment. DMSION 2 SITE WORK 02050 DEMOLITION A. GENERAL-Visit the Site with the Owner to become familiar with the scope of demolition work. Demolish and remove from the Site all portions of existing construction which will not remain in the final work. B. PROTECT Structures and finish surfaces which will remain in-place.Cap utility and plumbing lines for future use. C. HAUL debris and dispose off-site in compliance with local and State ordinances.Control dust and debris from becoming a nuisance to the public and the other work operations. D. SALVAGE ITEMS verify with Owner on items to be salvaged or re-used. 02100 SITE PREPARATION A. CLEAR the site to accommodate the structures and site improvements shown. B. DISPOSE of rubble and spoils vegetation as directed by Owner and in compliance with local codes. Do not bum debris at the Site unless specifically permitted in writing by the Owner and local Fire Protection authorities. 02200 EARTHWORK A. COMPLY with U.B.C.,Chapters 29,44,and 70. B. MATERIAL FOR BACKFILL:Clean,inert,non-expansive,granular fill,containing no more than 5 by weight of fines(passing No.5 sieve). C. SLAB CASTING BASE:Clean,dry,naturally occurring,pea gravel,free from wood waste and organic material. D. PERFORM EXCAVATING AND BACKFILLING as required for concrete footings,foundations,slabs, utilities, and services. Bottoms of excavations shall be level, firm, undisturbed earth, clean and free from loose material. E. PLACE BACKFILL material in uniform lifts 8 inches maximum in loose thickness,compact backfill to 95 percent of maximum dry density at optimum moisture content. Haller&Quake June 28,1994 2 02510 ASPHALTIC CONCRETE PAVING A. GENERAL-Grade and prepare subgrade and install paving materials in compliance with Asphalt Paving Association DOT recommendations B. SOIL STERILIZATION-Apply residual weed killer over entire area to be paved. Application by State certified chemical applicator in compliance with manufacturer's written instructions and in strict conformance with State and local regulations. C. BASE-3/4 inch minus crushed rock,4 inches thick minimum.Accurately grade subsurface for paved areas. Grade for positive rain water drainage.Crown parking and layout uniform slopes.Provide compacted bank run ballast at areas of native soils judged inadequate for traffic loads. D. ASPHALTIC PAVING-Class G hot plant-mixed asphaltic concrete spread and compacted to 95 percent. Compacted thickness of 2 inches.Roll to uniform grades,free from ridges and depressions. Flood test with water for positive drainage to inlets and of edges. 02700 SEWERAGE AND DRAINAGE A. SEWER-Connect to existing sewer line in compliance with Code requirements,for a complete and operational system. DIVISION 3 CONCRETE 03100 CONCRETE FORM WORK A. COMPLY with U.B.C.,Chapters 26, and ACI 347. B. FORM EXTERIOR WALKWAYS AND HALLER INTERIOR FLOOR SLAB: Contractor is responsible for the design and safety of forms,false work supports and reshoring procedures.Design shall be in accordance with recommendations of ACI 347. 1.MATERIALS:Lumber stress grade marked Douglas Fir-larch.Graded in accordance with WWPA. 2.PLYWOOD:5/8 inch minimum,5-ply,BB Plyform,Class 1,conforming to PS-1. 3. ROUGH HARDWARE, as required. 03220 CONCRETE PAVING A. COMPLY WITH U.B.C., Chapter 26,and ACI 301. B. REINFORCING BARS: ASTM A 615,Grade 40. C. WELDED WIRE FABRIC:ASTM A 185,6 X 6 W1.4 X W1.4. Haller&Quake June 28.1994 3 i i 03300 CAST-IN-PLACE CONCRETE A. COMPLY WITH U.B.C.., Chapter 26,and ACI 347. B. CONCRETE:Stone aggregate concrete with minimum compressive strength at 28 days of 2,500 psi. C. MAXIMUM SIZE AGGREGATE:3/4 inch. D. MAXIMUM SLUMP:4 inches. E. SLAB FINISHES: Steel trowel finish, with tolerance of 1/8 inch in 10 feet for interior slabs; wood float and light broom finish,with tolerance of 1/4 inch in 10 feet for exterior walks. F. CURE SLABS with polyethylene sheet or apply curing compound. DMSION 4 MASONRY 04200 CONCRETE UNIT MASONRY A. COMPLY WITH U.B.C., Chapter 24. B. CONCRETE MASONRY UNITS:8x8x8 Grade N units type 1 smooth face to match existing. C. MORTAR-ASTM C-270 Type S D. LAY BRICK MASONRY UNITS in stacked bond with 3/8 inch,concave, horizontal and vertical joints to match existing. DIVISION 6 CARPENTRY 06100 ROUGH CARPENTRY A. COMPLY WITH U.B.C., Chapter 25. B. FRAMING LUMBER:Douglas Fir of grades defined in WWPA"Grading Rules for Lumber." Item Grade 2x Members #2 Fb=1250 psi 3x and 4x Members #1 Fb=1500 psi 6x and 8x Members #1 Fb=1300 psi C. SILLS AND ALL WOOD in contact with concrete,Masonry or Earth: Pressure-treated "No 1" Douglas fir,Wolmanize CCA.Conform with Fed.Spec. TT-W-550 or TT-W-570 for preservative material and TT- W-571 for pressure treating. D ROUGH HARDWARE: nails,common wire galvanized. Bolts, nuts,and washers,galvanized. Framing anchors and connectors;Simpson Company,galvanized framing anchors,16 gage. 06201 EXTERIOR WOOD SIDING A. WOOD SIDING -Match existing. 06410 CUSTOM CASEWORK A. WOOD SHELVING -'B-D DFPA class 1 interior" 5/8" inch thick plywood. Install shelving to wall using 1x4 cleats and concrete nails to fasten 16"on centers.Provide intermediate bracing at front of shelving to prevent sagging. Haller&Quake June 28,1994 4 DIVISION 7 THERMAL AND MOISTURE PROTECTION 4 07900 JOINT SEALERS A. GENERAL-Clean and prepare joints and surface in compliance with manufacturers' specifications and install joint filler and bond breaker as recommended.Select colors for compatibility with adjacent materials. B. EXTERIOR JOINTS: Dis-similar materials-One part polyurethane. Sikaflex 15LM or Vulkem 921. C. INTERIOR JOINTS (wet areas): Mildew-resistant silicone, Dow 786. 07600 FLASHING&SHEE.1METAL A. GENERAL-Materials and workmanship to comply with SMACNA standards. allow for thermal movenent. Hem exposed edges,including drip edges.Joints in copings to be butted and bedded in elastomeric sealant over 9 inch long backing splice.Provide for separation between dissimilar metals to prevent electrolysis. Install with concealed clips and fastening at exposed surfaces. Make all work water-tight. B. SHEETMETAL-Galvanized steel metal with factory baked on enamel finish,24 gauge minimum. Shop form for flashing at the following locations. 1. (Haller) through roof fan curb. L f l _ 1 1 . I Haller&Quake June 28.1W4 5 DIVISION 8 DOORS AND WINDOWS 08115 EXTERIOR METAL-FACED DOORS A. GENERAL-Install pre-hung doors and frames plumb and square,fully shimmed and adjusted for smooth operation. B. STEEL-FACED ENTRY DOORS-Steelcraft or equal flush hollow metal doors&frames to be used at new door locations. 08700 FINISH HARDWARE A. GENERAL-Furnish all finish hardware shown and specified.Examine Contract Documents and furnish proper hardware for all openings whether listed of not. B. REGULATORY REQUIREMENTS -Products and installation shall comply with U.B.C. Chapter 33 and ANSI 117.1 barrier-free access for the handicapped. C. PRODUCTS-Each hardware item is followed by the model number of the first manufacturer listed for the item, unless otherwise identified. Such designation is intended to establish a standard of quality, function. and appearance for the various finish hardware items. 1. Butts: Hager:Lawerance Brothers,Inc;McKinney Manufacturing Company.Use one manufacturer throughout. 2. Deadbolt: Russwin; Best Lock Company;Schlage.Use one manufacturer throughout. 3. Closers:Russwin;LCN;Norton.Use one manufacturer throughout. 4. Kickplates and Stops: Hager;Glynn-Johnson;Ives. 5. Key per Owners instructions. D. SCHEDULE ITEM QUANTITY MODEL Butts: 11/2 PR. BB1191 4 1/2 Locksets and Deadbolts: 1 EA. 5034 X L2 with OCCUPIED sign Closers: 1 EA. 7801 Kickplates: 1 EA. 190S 12"X 1-1/2 LTDW Stops: 1 EA. 232W DIVISION 9 FINISHES 09900 PAINTING A. GENERAL-Comply with materials,cleaning,full masking of adjacent surfaces, preparation and application methods and workmanship recommended by the Washington State Council Painting and Decorating Contractors of America Specification Manual. Carefully sand,fill,and caulk for uniform finishes. Back-brush or roll sprayed applications. Furnish top of line paint,stain and other products from the following approved manufacturers: Cabot's,Daly's,Olympic,PPG,Benjamin Moore,and Sherwin- Williams. B. SUMMARY-(HALLER)Exterior of building to receive one coat of latex paint,interior of new work to receive coat of latex paint. (QUAKE)Touch up interior as required,match existing paint color.Verify colors with owner before proceeding with any work. C. SURFACES NOT TO BE PAINTED-Materials with factory applied finish, hardware, finished metals, glass,concrete flooring,lighting fixtures,Code-required labels. Heller&Quake June 28,1994 6 i DIVISION 10 SPECIALTIES 10170 PLASTIC TOILET COMPARTMENTS A. GENERAL-Submittals, shop drawings and manufacturer's data for the following: 1. Materials and construction. 2. Type,location, and attachment of accessories. 3. Installation layout and details. 4. Color selections 5. Maintenance instructions B. TOILET COMPARTMENTS: Santana Solid Plastic Products,POLY-MAR HD, solid plastic recycled high-density polyethylene (HDPE) floor mounted. C. HARDWARE, FITTINGS, FASTENERS: Stainless steel, clear anodized aluminum, or chrome plated non-ferrous castings.Provide theft proof fasteners for exposed hardware and component connections. Conceal operable parts of hinges in door,gravity rising of non-rising spring tension actuated. Provide manufacturer's standard latches, with emergency release operation. 10400 SIGNAGE A. GENERAL-Comply with governing codes and regulations.Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver,handle,and store materials in accordance with manufacturer's instructions. B. MATERIALS-Architectural Marketing Group(206)842-8010 or equal,unframed acrylic plaques with 1/4 inch radius at corners.Letter style and color,and plaque color as selected from manufacturer's standards. C. PROVIDE-Door signage and handicapped parking signage in compliance with ADA standards and as shown. Integrate International Barrier-Free symbols with signage with grade 2 Braille as required. D. INSTALL-Signs in accordance with manufacturer's instructions and approved submittals. Install in proper relation with adjacent construction and with uniform appearance. Coordinate with work of other sections. E. SCHEDULE Handicapped parking signage Men's Women's International Access Symbol with arrow pointing to new restroom facilities at latch side of existing restroom doors mounted @ 60"o.c.(Haller Park) Haller&Quake June 28,1994 7 I ,�, 10800 TOILET AND BATH ACCESSORIES A. MANUFACTURERS-ASI American Specialties Inc.;Bobrick Washroom Equipment, Inc.;McKinney/ Parker;or approved B. MATERIALS- Metal: type 304 satin finish stainless steel, or polished chrome-plated brass. Mirrors: 1/4" thick polished plate of float glass, silver coated and electrolytically coated Attachment Devices: Provide backing plates,brackets. and hardware required for a complete installation. Fastening shall be concealed and theft proof when available. C. ACCESSORY ITEMS:ASI product numbers are specified as a standard of quality,function and appearance. 1. Mirror:Tilted Mirror,0535A 18" x 36" 2. Sanitary Napkin Disposal: 6471 3. Toilet Paper Dispenser:Furnished By Owner 4. Grab Bar:3101 x 42" 5. Grab Bar:3101 x 36" DIVISION 15 MECHANICAL 15250 MECHANICAL INSULATION A INSTALL-Truebro or equal Pipe insulation on accordance with manufacture's recommendations and as shown and specified. B. PROVIDE Preformed pipe insulation at exposed lavatory piping. 155M EXHAUST FANS A. VENTILATION FAN-Jenn Air CRD-72 A 155 CFM @ .125 SP.,or equal. B. SWITCH fans to lights in the rooms which they serve.Curb for roof mount of fan by contractor. 15400 PLUMBING A. GENERAL-Provide a complete design,secure all required permits and provide a complete plumbing system,fully tested and operational, for all areas of the building. Submit catalog data for plumbing fixtures for Owner's approval prior to proceeding with the Work. All work shall comply with U.B.C., U.P.C.,U.M.C.,and other applicable local codes. Layout piping to obtain maximum headroom and minimize interference with other systems. Run all piping concealed in wall, ceiling framing,and floor slab. Layout to avoid conflict with other building systems and fixtures. Coordinate with General Contractor to drill and cut CMU and floor slab in strict compliance with Code specifications. B. DWV SYSTEM-ABS or PVC;sizes and configuration to comply with U.P.C. Group and align stack vents for clean appearance above roof. Properly grade lines to drain. C. SUPPLY SYSTEM-Copper and brass lines and fittings,sizes and configuration to comply with U.P.C. Provide rubber grommets through framing or otherwise shock-mount. Diaphragm type hammer arresters at all fixtures. D. FIXTURES-Furnish complete with all accessories and trim required for proper operation. Verify all manufacturers,model numbers and colors with Owner prior to ordering. Haller&Qualm June 28,1994 8 Item: Manufacturer Modcl No. Water closets: Kohler K-3527-EB Lavatories: Kohler K-2205 Faucets: Moen 8800 Drinking Fountain(Quake): Haws 3202 Steel Pedestal Fountain with single receptor Drinking Fountain (Haller): Haws 1025 Wall Mounted Drinking Fountain E. FLOOR DRAINS:Josam,Zurn,Wade, complete with flashings, clamps,and traps. DIVISION 16 ELECTRICAL 16000 ELECTRICAL A. LIGHTING FDCTURES-Rebelle Lighting 1421 series. Verify UL listing or labeled fixtures. Provide lamps ffor all fixtures. B. FLUORESCENT BALLASTS: 120 Volts,high power factor,Class P (protected) type, manufacturer's most energy efficient full light output design,Class A sound rating.conform to CBM Standards and identified with a CBM-ETL label. C. INSTALL-Lighting fixtures in accordance with manufacturer's instructions. I l l Haller B Quake June 26.1994 9 City of Ar1__,zgton f NOTICE and Inspection Report Permit No. I LI I Legal (J J /�. j/j�tS� q✓if Date Called 3 Address R 4L� Time Called °c� Contractor/Owner By Requested by TYPE OF • REQUESTED ❑ Setback ❑ Roof Diaphragm ❑ Insulation ❑ Plumb GW ❑ Framing ❑ Gas Piping ❑ Footing ❑ Drywall Nailing ❑ Final ❑ Foundation Rough4n Plumbing ❑ Reinspection ❑ Shear Wall ❑ Mechanical ❑ Other ❑ APPROVAL ❑ CORRECTION REQUIRED Corrections listed below MUST BE MADE before work can be approved. ❑ Work listed below has been inspected and approved. ❑ CALL 435-0724 FOR REINSPECTION—24 hour notice required. T /r Inspector Date City_ of Arlington NOTICE and Inspection Report Permit No. / Legal Date Called "y75 Address Time Called Contractor/Owner By _ Requested by TYPE OF • Setback ❑ Roof Diaphragm ❑ Insulation Plumb GW ❑ Framing ❑ Gas Piping ❑ Footing ❑ Drywall Nailing ❑ Final ❑ Foundation ❑ Rough4n Plumbing ®Inspection ❑ Shear Wall ❑ Mechanical ❑ Other APPROVAL ❑ CORRECTION REQUIRED ❑ Corrections listed below MUST BE MADE before work can be approved. Work listed below has been inspected and approved. ❑ CALL 435-0724 FOR REINSPECTION—24 hour notice required. Inspector Date CITY OF ARLINGTON CONSTRUCTION PERMIT COMBINATION ❑ BUILDING ❑ MECHANICAL ❑ PLUMBING ❑ SIGN PERMIT 14 7 NO. OWNER MAIL ADDRESS CITY ZIP PHONE City of Arlington 238 N. Olympic Ave Arlington, WA 98223 435-5785 ARCHITECT OR DESIGNER MAIL ADDRESS CITY ZIP PHONE Ross & McClure 1223 Commercial Street Bellingham WA 98225 (206) 676-7733 ) GENERAL CONTRACTOR MAIL ADDRESS CITY ZIP PHONE LICENSE N Ramo Inc. 17215 Smokey Point Drive Arlington WA 98223 22301RA00269MR MECHANICAL CONTRACTOR MAIL ADDRESS CITY ZIP PHONE LICENSE 0 PLUMBING CONTRACTOR MAIL ADDRESS CITY ZIP PHONE LICENSE N CLASS OF WORK ❑NLW ❑ADDITION ALTERATION ❑REPAIR ❑DEMOLI[ION ❑BUILDING RELOCATION VALUATION OF WORK f 22,000 DESCRIBE WORK PROPOSED USE OF BUILDING I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICA- Public Restroom TION AND KNOW THE SAME TO BE TRUE AND CORRECT ALL PROVI- LLGAL DES(RIPTION OF PRUPERTY(SHOWN BELOW OR ATTACH FOUR COPIES) SIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK LOT-BLOCK OF WILL BE COMPLIED WITH WHETHER SPECIFIED HERIN OR NOT.THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR TAX ID NUMBER LOCAL LAW REGULATING CONSTRUCTION OFTHE PERFORMANCE OF CONSTRUCTION. PERMIT EXPIRES 1 YEAR FROM DATE OF ISSUANCE. SIGNATURE OF CONTRA R OR AUTHORIZED AGE. 108 ADURLSS 0 West Ave. X I 1100 North es - (OFFICE USE ONLY) MECHANICAL PLUMBING NO. TYPE OF FIXTURE FEE NO TYPE OF EQUIPMENT FEE WATER CLOSET (TOILET) AIR COND,UNITS - H P EA BA I EIl UB REFRIGERATION UNITS-H P EA. LAVATORY (WASH BASIN) LIBOILERS - H P EA SHOWLR GAS FIRED A C UNITS--TONNAGE EA KI ICHLN SINK& DISP FORCED AIR SYSTEMS- B T U MEA DISHWASHER WALL HEATERS- B T.0 M LAUNDRY TRAY UNII HEATERS- B T U M CLOIHLSWASHER EVAPORATIVECOOLERS WAIER HEATER CLOTHES DRYERS URINAL VENTILATICN FAN DRINKING FOUN I AIN RANGE FIOOD COMMERCIAL FLUOR DRAIN AIR HANDLING UNIT- CPM VACUUM BREAKERS STOVE ROOF DRAINS - RAINLEADERS METAL FIREPLACE &CHIMNEY SINK (SERVICE - BAR,ETC) WATER HEATER GAS PIPING SUBTOTAL f SUBTOTAL f PERMIT f PERMIT f TOTAL FEE S TOTAL FEE f SIUL YARD SE(BACK STRLLT SLTBACK REAR YARD SETBACK DATE RECEIVED PLAN CHECK FEE FEE RECEIPT NO USE /ONE LOT AREA VACANT SITE FEES VALUATION FEE ❑YES ❑NO TYPL OF CONST OCCUPANCY GROUP NO.OF DWELLING UNITS PLAN CHECKING NG BUTDING f SIZE OF BLDG, NO.OF STORILS MAX OCC LOAD PLUMBING FIRE SPRINKLERS REQUIRED ❑YES ❑NO MECHANICAL STATE BLDG.CODE COMMENTS ENERGY CODE SURCHARGE UBC, PENALTY SEC 303(a) WATER/SEWER FEES TOTAL PERMIT VALIDATION WHEN P Y VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT&RECEIPT PAID CR# BY �--�, BOIL ING OFFIGA DATE cc:ASSESSOR,APPLICANT,TREASURER, BLDG DEPT, ECORDS COPY =/ 1 CITY OF ARLINGTON CONSTRUCTION PERMIT ❑ BUILDING MECHANICAL �NI)COMBINATION ❑ ❑ PLUMBING ❑ SIGN pERMIT NO: OWNER MAIL ADDRESS CITY ZIP PHONE City of Arlington 238 N. Olympic Ave Arlington, WA 98223 435-5785 ARCHITECT OR DESIGNER MAIL ADDRESS CITY ZIP PHONE Ross & McClure 1223 Commercial Street , -Bellingham-WA 98225 (206) 676-7733 GENERAL CONTRACTOR MAIL ADDRESS CITY ZIP PHONE LICENSE d Ramo Inc. 17215 Smokey Point Drive Arlington WA, 98223 223011Wi0269MR MECHANICAL CONTRACTOR MAIL ADDRESS CITY ZIP PHONE LICENSE I PLUMBING CONTRACTOR MAIL ADDRESS CITY ZIP PHONE LICENSE N CLASS OF WORK ❑NLW ❑ADDITION ®ALTERATION ❑ REPAIR ❑DEMOLITION ❑BUILDING RELOCATION VALUATION OF WORK f 22, 000 DESCRIBE WORK Public Restroom upgrade to ADA PROPOSED USE OF BUILDING Public Restroom I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICA- TION AND KNOW THE SAME TO BE TRUE AND CORRECT ALL PROVI- LLGAL DI♦<RIPTIUN Of PROPERTY(SHOWN BELOW OR ATTACH FOUR COPIES) SIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK LOI BLOCK OF WILL BE COMPLIED WITH WHETHER SPECIFIED HERIN OR NOT.THE GRANTING OFA PERMIT DOES NOT PRESUMETO GIVEAUTHORITYTO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR TAX ID NUMBER LOCAL LAW REGULATING CONSTRUCTION OFTHE PERFORMANCE OF CONSTRUCTION. PERMIT EXPIRES 1 YEAR FROM DATE OF ISSUANCE. SIGNATURE OF COM R OR AUTHORIZED A IOB ADORE SS / 1100 North West Ave. (OFFICE USE ONLY) PLUMBING MECHANICAL NO. TYPE OF FIXTURE FEE NO TYPE OF EQUIPMENT FEE WATER CLOSET (TOILET) AIR COND UNITS - H P EA BAIHIUB REFRIGERATION UNITS - H.P. EA LAVATORY (WASH BASIN) BOILERS - H.P. EA _ SHOWLR GAS FIRED A.C. UNITS-TONNAGE EA KI ICHLN SINK& DISP FORCED AIR SYSTEMS - B T U MEA DISHWASHER WALL HEATERS- B.T.0 M LAUNDRY T RAY UNI1 HEATERS - B.T U M CLOIHLSWASHER EVAPORATIVECOOLERS WAIERHEATLR CLOTHES DRYERS URINAL VENTILATICN FAN DRINKING FOUN I AIN RANGE FIOOD COMMERCIAL FLOOR DRAIN AIR HANDLING UNIT- CPM VACUUM BREAKERS STOVE ROOF DRAINS - RAINLEADERS METAL FIREPLACE &CHIMNEY SINK (SERVICE - BAR,ETC.) WATER HEATER GAS PIPING SUBTOTAL S SUBTOTAL f PERMIT S PERMIT $ TOTALFEE $1 TOTAL FEE f SIDE YARD SUIBACK SFRLLTSETBACK REAR YARD SETBACK DATE RECEIVED P.L'ANCHECK FEE FEE RECEIPT NO US[ /ONE LOT AREA VACANT SITE ❑YES ❑NO FEES VALUATION FEE TYPE OF CONS] OCCUPANCY GROUP NO.OF DWELLING UNITS PLAN CHECKING VG BUTDING S SIZE OF BLDG NO OF STORIES MAX,OCC-LOAD PLUMBING FIRE SPRINKLERS REQUIRED ❑YES ❑NO MECHANICAL STATE BLDG.CODE COMMENTS ENERGY CODE SURCHARGE PENALTY U B.3 SEC. WATER/SEWER FEES TOTAL PERMIT VALIDATION L WHEN PR Y VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT&RECEIPT PAID CR# BY l cc: ASSESSOR,APPLICANT, TREASURER, BLDG DEPT BOIL INCOFFICIA- DATE TR ASURER'S COPY CITY OF ARLINGTON CONSTRUCTION PERMIT PLUMBING ❑ SIGN COMBINATION ❑ BUILDING ❑ MECHANICAL ❑ PERMIT N MAIL ADDRESS city ZIP PHONE j OWNER 238 P. p ��. ,A F-) � 1J11c. 32Z� /,iV OF A(z-WP-6`0t--J al�tp(G � MAIL AUURESS CITT Y ZIP PHONE ARCHIiECiORDESIGNER F01�5 14,W-611-0 17,0_� Ms 5 loKK5fac ► t, 5T �El.ua�H�4 M WI+�• ?� 225 PHONE uc NSE I GENERALCONIRACIOR MAIL ADDRESS CITY ZIP OA M6 1 SPT f4ag Z23 PHONE a LICENSE I I� MECHANICAL CONTRACTOR MAIL ADDRESS CITY Z PLUMBING CONTRACTOR MAIL ADDRESS CITY ZIP PHONE LICENSE 3 CLASS OF WORK �ONLW ❑AUDITION -ALTERATION ❑REPAIR ❑DEMOLITION BUILDING RELOCATION a VALUAI�IjO'NOf WO{R/K�7/ Z Uj DESLRIBE WURK PUB�(G � ��- C�Gv71��N lkP(o�tP� - E vltuPUs D usE of Bu1LUING I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICA- ca ' TION AND KNOW THE SAME TO BE TRUE AND CORRECT ALL PROVI- Z LLGnI UkSC RtPi ION PRU►LRTY(SHOWN BELOW UR Al IALH FOUR COPIES) SIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK 3 WILL BE COMPLIED WITH WHETHER SPECIFIED HERIN OR NOT.THE Lur BLtx K or GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO a VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR ' W LOCAL LAW REGULATING CONSTRUCTION OF THE PERFORMANCE OF r j TAX ID NUMBER FROM PROPERTY TAX STATEMENT CONSTRUCTION.PERMIT EXPIRES 1 YEAR FROM DATE OF ISSUANCE. a SIGNATURE OF CONTRACTOR OR AUTHORIZED AGENT DATE V IOB aU RLSS x (UPFIC!!iTSH ONLY) )CAE. PLUMBING NO, TYPE OP EQUIPMENT PEE i�PICTURES N TYPE Of PIXIURB PEB :i pIXIVRffi ul .lit" f7� COND.UNTIE—fly. EA. ATER C Los BF I1 gPIt TION UNITS—III BA. td .Bt" ITUB $7.00 ul .list'- -� OILERS 11.P.PA. Y RY ASI I BASIN f7 AS piRgo UNITS—TONNAGE BA. ti •IP lt.. MOWER $7.00 $9.00 17� ORCBD AIR SY S—B.T.V. MEA HEN SI A DISPOSAL ALL))EATERS— U. M $9.00 ISIIWASIIER f7•0000 M $9.00 • 17. NIT))EATERS—8T. UNDRY TRAY ApORATIVECOOLPRS LOTTIPS WASHER $7'00 $6.50 1700 LOTNIFS DRYERSATER H . EATER EINTILATION PAN $430 INAL S7'0000 16.50 17. GBIIpOD COMMERCIAL RINKING FOUNTAIN IR HANDLING UNIT— CPM LOOR DRAIN f7•60 V B 00 $6.50 ACUUM BREAKERS $7.00 EFAL PIREI LACEA CIIIMNBY 1630 OOP DRAINS—RAINLPADERS f7•00 iIEATER $630 ATER INK ERVICE—BAR.61C. 117.00 AS PIPING to S-13.00.addul.s S.75 *Equipment Ibt must 6e provMcd SUB TOTAL SUB TOTAL PERMIT PERMIT TOTAL PRE 1OTAL PRE PLAN CHECK FEE � REAR YARD SETBACK PLAN CHECK NUMBER RECEIPT NO. SIULYAkSLSLIBALK STRtLiSLIBACK FEE USE' /UN! LOT AREA VACANT SITE FEES i VALUATION FEE ❑YES �NO 1 YPt 01 CONS). OCCUPANCY GROUP No.OF DWELLING UNITS PLAN CHECKING VG BU'LDING 1 No. STURILS MAX,OCC.LOAD SILL OI BLLK, PLUMBING FIRESPRINKLERSREQUIRED YES ❑NO ' MECHANICAL STATE BLDG.CODE COMMENTS ENERGY CODE SURCHARGE U.B.C. PENALTY SEC.303(a) WATERISEWER FEES I''a rPAID — DATEI J� N t DATED IIN THIS SPACEI THIS IS YOUR PERMIT&RECEIPT CRO BY DATE Lcc: ASSESSOR.APPLICANT.TREASURER•BLDG.DEFT. DS COPY I 0 t Z o m 00 La N Z � Z, StUtr"�VvvY 9 Z 0� oErrARIt AVE. �M� 0 RP AO AY N�• aL) it j N(1 _1��/ HIGH ST. r• m QSIGIffoA R �� II �� WAy11 TGN TA WASN GioN AVp I I ' --------- ���-----_ UAMI AVE IAJWSHEj Mq r a i �� li n A I� o CURA 4t F 0 � II I II I II r I ma - l Z 0 4a MAX um.-lX �Ny�7yZDqq Q II9•MN. - 0 1-i L 2 I x 0 TT I � YM O _+ N $ �a7ogzyfZ9Z - .. D rr ® m K - N _ - Y W / 0 N c �. 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