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HomeMy WebLinkAboutStephens and Sons - Station 94 RemodelF -►2 10 3o INTERDEPARTMENTAL MEMO TO: Dick Zais FROM: Dave Willson RE: Contract w/ Stephens and Sons for station 94 const. DATE: February 2, 2010 This is the contract for construction of the Fire Station 94 re -model. Lare Waters has reviewed this document and made the change he wanted concerning dispute resolution. This project is slated for ground breaking on February 15. Pkv 4,, 6— J Init. 7.dAIA TM Document AIOITM — 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the 14th day of January in the year 2010 (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) City of Yakima 129 North 2nd Street Yakima, Washington 98901 and the Contractor: (Name, address and other information) Stephens & Sons Construction 417 South 51st Avenue Yakima, Washington 98908 Phone Number: 509/457-6426 Fax Number: 509/457-0169 for the following Project: (Name, location and detailed description) Station No. 94 Improvements Yakima Air Terminal Yakima, WA 98908 The Architect: (Name, address and other information) Brockway, Opfer, Raab Architecture, P.L.L.C. 1320 N. 16th Avenue, Suite C Yakima, Washington 98902 Phone Number: 509/454-3299 Fax Number: 509/454-3254 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101 TV - 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:41:11 on 01/15/2010 under Order No. 1000388436_1 which expires on 2/16/2010, and is not for resale. User Notes: (2007985831) Init. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The commencement date will be fixed in the notice to proceed to be issued separately. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One hundred eighty ( 180 ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A101TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This MA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:52:38 on 01/14/2010 under Order No.1000388436_1 which expires on 2/16/2010, and is not for resale. User Notes: (1512395349) Init. Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Four hundred fifteen thousand seven hundred fifty dollars and zero cents ($ 415,750.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Alternates 1 and 2 § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Twenty-fifth (25th) day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Thirty- first (31st) day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Forty-five ( 45 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937„1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:52:38 on 01/14/2010 under Order No.1000388436_1 which expires on 2/16/2010, and is not for resale. User Notes: (1512395349) Init. by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent ( 5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5% ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, -any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a fmal Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. AH rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:52:38 on 01/14/2010 under Order No.1000388436_1 which expires on 2/16/2010, and is not for resale. User Notes: (1512395349) Init. ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located: (Insert rate of interest agreed upon, if any.) Twelve percent (12%) per annum § 8.3 The Owner's representative: (Name, address and other information) Dave Willson, Deputy Fire Chief City of Yakima Fire Department 401 North Front Street Yakima, Washington 98901 Phone Number: 509/575-6060 § 8.4 The Contractor's representative: (Name, address and other information) Stuart Stephens, Superintendent/Coordinator Stephens & Sons Construction 417 South 51st Avenue AIA Document A101 *r - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:52:38 on 01/14/2010 under Order No.1000388436_1 which expires on 2/16/2010, and is not for resale. User Notes: (1512395349) Init. Yakima, Washington 98908 Phone Number: 509/457-6426 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction. § 9.1.3 The. Supplementary and other Conditions of the Contract: Document Title 00800 Supplementary Conditions 00900 Washington State Prevailing Wages Date § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Specification Index Exhibit A (5 pages) (Table deleted)- § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Drawing Index Exhibit B (1 page) (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages 1 12/29/09 11 2 12/31/09 3 3 01/04/10 5 Pages 14 21 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this NA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:52:38 on 01/14/2010 under Order No. 1000388436_1 which expires on 2/16/2010, and is not for resale. User Notes: (1512395349) Init. Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of A1A Document A201-2007.) Type of insurance or bond Performance Bond Labor and Material Payment Bond Insurance Limit of liability or bond amount ($ 0.00) 100% of Contract Sum 100% of Contract Sum as stated in Supplementary Conditions, Article 11 This Agreement entered into as of the day and year first written above. OWNER (Signature) `l (4% i`'lan2�er (Printed name and title) C i NTRACTOR (Signature) auetz-t 34-e.phens Presid€ t (Printed name and title) AIA Document A101 TPA - 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:52:38 on 01/14/2010 under Order No. 1000388436_1 which expires on 2/16/2010, and is not for resale. User Notes: (1512395349) Additions and Deletions Report for AIA Document A 101 TM — 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 08:52:38 on 01/14/2010. PAGE 1 City of Yakima 129 North 2nd Street Yakima, Washington 98901 Stephens & Sons Construction 417 South 51st Avenue Yakima, Washington 98908 Phone Number: 509/457-6426 Fax Number: 509/457-0169. (Name, location and detailed description) Station No. 94 Improvements Yakima Air Terminal Yakima, WA 98908 Brockway, Opfer, Raab Architecture, P.L.L.C. 1320 N. 16th Avenue, Suite C Yakima, Washington 98902 Phone Number: 509/454-3299 Fax Number: 509/454-3254 PAGE 2 The commencement date will be fixed in the notice to proceed to be issued separately. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One hundred eighty ( 180 ) days from the date of commencement, or as follows: PAGE 3 § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Four hundred fifteen thousand seven hundred fifty dollars and zero cents ($ 415,750.00 ), subject to additions and deductions as provided in the Contract Documents. Additions and Deletions Report for AIA Document A101 T" - 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:52:38 on 01/14/2010 under Order No.1000388436_1 which expires on 2/16/2010, and is not for resale. User Notes: (1512395349) Alternates 1 and 2 § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Twenty-fifth (25th) day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Thirty- first (31st) day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Forty-five ( 45 ) days after the Architect receives the Application for Payment. PAGE4 PAGE 5 .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent ( 5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5% ); [ L] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 Twelve percent (12%) per annum Dave Willson, Deputy Fire Chief City of Yakima Fire Department 401 North Front Street Yakima, Washington 98901 Phone Number: 509/575-6060 Stuart Stephens, Superintendent/Coordinator Stephens & Sons Construction 417 South 51st Avenue Yakima, Washington 98908 Phone Number: 509/457-6426 PAGE6 00800 00900 Supplementary Conditions 14 Washington State Prevailing Wages 21 Title of Specifications exhibit: Specification Index Exhibit A (5 pages) Additions and Deletions Report for AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:52:38 on 01/14/2010 under Order No.1000388436_1 which expires on 2/16/2010, and is not for resale. User Notes: (1512395349) Title of Drawings exhibit: Drawing Index Exhibit B (1 page) Number Title PAGE 7 Date 1 12/29/09 11 2 12/31/09 3 3 01/04/10 5 Performance Bond Labor and Material Payment Bond Insurance 100% of Contract Sum 100% of Contract Sum as stated in Supplementary Conditions, Article 11 Additions and Deletions Report for AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:52:38 on 01/14/2010 under Order No.1000388436_1 which expires on 2/16/2010, and is not for resale. User Notes: (1512395349) FIRE STATION #94 IMPROVEMENTS YAKIMA FIRE DEPARTMENT YAKIMA, WASHINGTON SECTION ATTACHMENT A DESCRIPTION PAGES INDEX PAGE 1 PART 1 BIDDING REQUIREMENTS 3 00030 00100 6 00105 00200 9 00300 Invitation for Bids Instructions to Bidders Special Conditions Non -Conclusion Declaration Bid Form 12 PART 2 CONTRACT REQUIREMENTS 1 6 7 1 2 00400 Project Documents and Forms 9 15 Agreement Form 1 00700 General Conditions 40 18 00800 Supplementary Conditions 14 Washington State Prevailing Wage Rates - 21 Yakima County (September 2, 2009) 7 Washington State Prevailing Wage Rates — Apprentices (September 2, 2009) 8 24 Benefit Code Key (September 2, 2009) 6 27 PART 3 TECHNICAL SPECIFICATIONS 30 01010 01027 33 01030 01035 36 39 01040 01045 42 01050 01080 45 01090 01200 48 DIVISION 1 • GENERAL REQUIREMENTS Summary of Work Applications for Payment Alternates Modification Procedures 4 3 2 5 Design ClarificationNariation Request (DCVR) 1 Cost Estimate Detail Sheet 1 Coordination Cutting and Patching Field Engineering Applicable Codes Definitions and Standards Project Meetings 4 3 2 2 3 4 01205 Procedures and Controls 4 01300 Submittals 6 51 Submittal Log 1 0818 FIRE STATION #94 IMPROVEMENTS INDEX YAKIMA FIRE DEPARTMENT PAGE 2 YAKIMA, WASHINGTON SECTION DESCRIPTION PAGES DIVISION 1 • GENERAL REQUIREMENTS (Cont.) 3 01400 Quality Control 3 01500 Temporary Facilities 7 Project Sign 1 6 01550 Project Cleaning 2 01600 Products and Substitutions 7 9 Substitution Request Form 1 01650 12 01700 Owner Supplied Equipment 2 Project Closeout 8 01740 Warranties and Bonds 2 15 DIVISION 2 • SITE WORK 18 02070 Selective Demolition 4 02080 Asbestos Abatement and Notification 10 21 02230 Site Clearing 4 02300 Earthwork 9 24 02665 02700 27 02741 02751 Water Systems Storm Drainage Hot Mix Asphalt Paving Portland Cement Concrete Paving 2 3 5 5 30 02764 Paving Joint Sealants 4 DIVISION 3 • CONCRETE 33 03300 Concrete Work 14 36 DIVISION 4 • MASONRY Not Used 39 DIVISION 5 • METALS 42 05120 Structural Steel 5 05500 Metal Fabrications 7 45 DIVISION 6 • WOOD & PLASTICS 06100 Rough Carpentry 6 48 06185 Structural Glued Laminated Units 3 06195 Prefabricated Wood Web Joists 3 51 06200 Finish Carpentry 5 06402 Interior Architectural Woodwork 3 54 0818 FIRE STATION #94 IMPROVEMENTS INDEX YAKIMA FIRE DEPARTMENT PAGE 3 YAKIMA, WASHINGTON SECTION DESCRIPTION PAGES DIVISION 7 • THERMAL & MOISTURE PROTECTION 3 07115 Bituminous Dampproofing 2 07210 Insulation 4 6 07552 SBS -Modified Bituminous Sheet Roofing 8 07620 Flashing and Sheet Metal 3 9 07841 Firestopping 07901 Joint Sealants 5 5 12 DIVISION 8 • DOORS & WINDOWS 08110 Steel Doors and Frames 5 15 08211 Flush Wood Doors 4 08561 Vinyl Windows 4 18 08710 Door Hardware, Door Hardware Schedule 10 Door Schedule 1 21 08800 Glass and Glazing 7 DIVISION 9 • FINISHES 24 09250 Gypsum Board Assemblies 7 09310 Tile 7 27 09511 Acoustical Panel Ceilings 4 09512 Acoustical Tile Ceilings 4 30 09660 Resilient Flooring and Base 4 09680 Carpeting 4 33 09900 Painting 10 09986 Sanitary Wall Finish 3 36 Room Finish Schedule 2 39 42 45 48 51 10101 10265 10431 10520 10801 0818 DIVISION 10 • SPECIALTIES Visual Display Boards Wall Surface Protection Signs Fire Protection Specialties Toilet Accessories DIVISION 11 • EQUIPMENT Not Used 5 3 5 2 3 FIRE STATION #94 IMPROVEMENTS INDEX YAKIMA FIRE DEPARTMENT PAGE 4 YAKIMA, WASHINGTON SECTION 3 12370 12484 6 12491 9 12 15 DESCRIPTION DIVISION 12 • FURNISHINGS Interior Architectural Casework Floor Carpet Mats Horizontal Louver Blinds DIVISION 13 • SPECIAL CONSTRUCTION Not Used DIVISION 14 • CONVEYING SYSTEMS Not Used DIVISION 15 • MECHANICAL PAGES 6 2 3 18 15000 General 5 15036 Asbestos Control 1 15036 Additions or Remodeled Facilities 1 21 15050 Basic Materials and Methods 5 15060 Pipe and Pipe Fittings 4 15090 Supports, Curbs, Seals and Flashing 2 24 15162 Flexible Duct Connections 1 15170 Thermometers and Gauges 2 27 15173 Flow Measurement and Control 1 15178 Electric Motors and Starters 2 15181 Domestic Hot & Cold Water Piping Insulation 3 30 15182 Rainwater Leaders and Roof Drain Insulation 2 15190 Duct Insulation 2 33 15222 Backflow Preventers 1 15401 Hot and Cold Water Systems 2 36 15402 Hot Water Recirculating Systems 1 15403 Soil, Waste and Vent Piping Systems 3 15405 Rainwater Piping Systems 2 39 15406 Indirect Waste Piping Systems 1 15408 Fuel Gas Piping Systems 3 15420 Plumbing Specialties 2 42 15421 Floor Drains 1 15422 Roof Drains (Cast Iron) 1 15425 Non -Freeze Hydrants 1 45 15427 Backflow Preventers 1 15444 Gas -Fired, Sealed Combustion Water Heater 2 15450 Plumbing Fixtures and Trim 4 . 48 15460 Equipment Installed Only 2 0818 FIRE STATION #94 IMPROVEMENTS INDEX YAKIMA FIRE DEPARTMENT PAGE 5 YAKIMA, WASHINGTON SECTION DESCRIPTION PAGES 3 15500 15520 6 15752 DIVISION 15 • MECHANICAL (Cont.) Fire Protection 2 Wet -Pipe Sprinkler System 3 Packaged Rooftop Heat Pump Unit (Air -To -Air) 4 15801 Sheet Metal Ductwork 3 s 15802 Duct Lining 2 15810 Ductwork Accessories 2 15820 Fans 2 12 15840 Air Outlets and Inlets 2 15 18 21 24 DIVISION 16 • ELECTRICAL 16010 General Provisions 5 16100 Basic Materials and Methods 9 16200 Electrical Service System 2 16300 Distribution 4 16400 Lighting 3 16721 Fire Alarm System 5 0818 END OF INDEX INDEX OF DRAWINGS ATTACHMENT B GENERAL G001 COVER SHEET CODE INFORMATION G002 MOUNTING HEIGI-ITS, WALL TYPES DOOR TYPES, FRAME TYPES, WINDOW TYPES C -I FIRE STATION SURVEY C-2 POWER SERVICE SURVEY ARCO-IITECTURAL A001 EXISTING / DEMOLITION SITE PLAN SITE PLAN A002 SITE DETAILS A003 OVERALL SITE PLAN A100 EXISTING/DEMOLITION FLOOR PLANS AND REFLECTED CEILING PLANS (BASE BID AND ALTERNATE NO. I) A101 FLOOR PLANS (BASE BID AND ALTERNATE NO. 1) A102 ROOF PLAN ROOF DETAILS A103 ENLARGED FLOOR PLANS (BASE BID AND ALTERNATE NO. I) A201 EXTERIOR ELEVATIONS (BASE BID) A20IA EXTERIOR ELEVATIONS (ALTERNATE NO. 2) A202 BUILDING SECTIONS A301 INTERIOR ELEVATIONS (BASE BID) A302 INTERIOR ELEVATIONS (ALTERNATE NO. 1) A401 REFLECTED CEILING PLANS (BASE BID AND ALTERNATE NO. 1) A501 WALL SECTIONS A502 WALL SECTIONS A701 CASEWORK SECTIONS A702 DETAILS STRUCTURAL 5101 STRUCTURAL GENERAL NOTES TYPICAL DETAILS 5201 FOUNDATION PLAN ROOF FRAMING PLAN 5501 STRUCTURAL DETAILS 5502 STRUCTURAL DETAILS MECHANICAL M001 MECHANICAL LEGEND AND ABBREVIATIONS MI01 SCHEDULES - PLUMBING / HVAC M201 EXISTING/DEMOLITION PLAN - MECHANICAL M301 FOUNDATION PLAN - PLUMBING M401 FLOOR PLAN - PLUMBING M501 FLOOR PLAN - HVAC M601 ROOF PLAN - MECHANICAL M701 DETAILS AND DIAGRAMS - PLUMBING / HVAC ELECTRICAL E100 ELECTRICAL SYMBOL SCHEDULES rrTAll . E101 EXISTING / DEMOLITION SITE PLAN E102 REVISED SITE PLAN - POWER SERVICE E103 REVISED SITE PLAN E104 EXISTING AND REVISED ONE LINE DIAGRAMS E105 SCHEDULES E200 POWER AND LIGHTING PLANS E300 MECHANICAL POWER AND SIGNAL / COMMUNICATIONS PLANS E400 MECHANICAL POWER AND SIGNAL / COMMUNCIATIONS PLANS E700 EXISTING / DEMOLITION ELECTRICAL PLANS E701 EXISTING/ DEMOLITION SIGNAL PLANS THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 105 340 099 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Stephens & Sons Construction, Inc. 417 South 51st Ave. Yakima, WA 98908-3420 OWNER (Name and Address): City of Yakima 129 N. 2nd Street Yakima, WA 98901 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America c/o CB &MS of WA., INC. PO Box 75715 Seattle, WA 98175 CONSTRUCTION CONTRACT Date: 1-14-2010 Amount: $449,841.50 Description (Name and Location): Fire Station No. 94 Improvements Yakima, WA BOND Date (Not earlier than Construction Contract Date): 1-14-2010 Amount: $449,841.50 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Stephens & Sons Construction, Inc. Signature,/ Name and Title: � j4uo. = *ephey) S Pre s i a cKt- (Any additional signatures appear on page 3) El None SURETY Company: ❑ See Page 3 (Corporate Seal) Travelers Casualty /J andmeSurety Company of America Signature: Name and Title: R.A. Fix, Attorney -in -Fact (FOR INFORMATION ONLY — Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Brockway,Opfer,Raab Architecture,PLLC 1320 N. 16th Ave — Suite C Yakima, WA 98902 PH: 509-454-3299 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W , WASHINGTON, 0 C 20006 THIRD PRINTING MARCH 1987 A312-1984 1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, succes- sors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss me- thods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Con- struction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and for- mally teminated the Contractor's right to complete the con- tract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Con- tract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to per- form the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract: or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for perf- mance and completion of the Construction Contract, ar- range for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's con- currence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Con- struction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W , WASHINGTON, D.0 20006 THIRD PRINTING MARCH 1987 A312-1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Sig nature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N W , WASHINGTON, D C. 20006 THIRD PRINTING MARCH 1987 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 105 340 099 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Stephens & Sons Construction, Inc. 417 South 51st Ave. Yakima, WA 98908-3420 OWNER (Name and Address): City of Yakima 129 N. 2nd Street Yakima, WA 98901 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America c/o CB&MS of WA., INC. PO Box 75715 Seattle, WA 98175 CONSTRUCTION CONTRACT Date: 1-14-2010 Amount: $449,841.50 Description (Name and Location): Fire Station No. 94 Improvements Yakima, WA BOND Date (Not earlier than Construction Contract Date): 1-14-2010 Amount: $449,841.50 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Stephens & Sons Construction, Inc. Signature: Name and Title: art- epheY s Pr esiccetAt (Any additional signatures appear on page 6) 0 None SURETY Company: See Page 6 (Corporate Seal) Travelers Casualty and Surety Company of America Signature: /L • a Name and Title: R.A. Fix, Attorney -in -Fact (FOR INFORMATION ONLY — Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): See Page 1 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE , N , WASHINGTON, D 20006 THIRD PRINTING MARCH 1987 A312-1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, succes- sors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, fo all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, proivided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last perfomed labor or last fur- nished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address de- scribed in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Para- graph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor fur-nishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obli- gations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant un- der this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, which- ever of (1) or (2) first occurs. If the provisions of this Para- graph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient com- pliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA THE AMERICAN INSITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W , WASHINGTON, D.0 20006 THIRD PRINTING MARCH 1987 A312-1984 5 conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 above is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 • PERFORMANCE BONG AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 6 TRAVELERS) WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 221 140 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 3 2 2 8 3 7 5 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Christine V. Felicetty, N. B. Fix, R. A. Fix, Myung S. Fix, and Chris A. Fix of the City of Seattle State of W'tshinaton . their true and lawful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 14th day of September 2009 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: ice President On this the 14th day of September 2009 , before me personally appeared George W. Thompson. who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-4-09 Printed in U.S.A. W K/" C Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. which resolutions are now in full force and effect. reading as follows: RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President. any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1 4th day of January 20 1 0 Kori M. Johansdo'Assistant Secretary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER