10-RFB 4444 - Project Manual.pdf

PROJECT MANUAL

BEN HAWES PARK

OWENSBORO, KY.

LD# 24005

Prepared for:

City of Owensboro

Prepared by:

Lose Design 18 Emory Place, Suite 300

Knoxville, TN 37917

Phone: (865) 409-1424

© 2025 Lose Design

THIS PAGE INTENTIONALLY BLANK

LD# 24005 – BEN HAWES PICKLEBALL

TABLE OF CONTENTS - SECTION 000002

22079 - 1

TECHNICAL SPECIFICATIONS

DIVISION 00 – BIDDING REQUIREMENTS & CONTRACT FORMS

000001 FRONT END COVER

000002 FRONT END TOC

000003 BID FORM

000004 SUPPLEMENTARY CONDITIONS

000005 A101 2017 WORKING DRAFT

000006 A201 2017 WORKING DRAFT

DIVISION 01 - GENERAL REQUIREMENTS

011000 SUMMARY

012213 UNIT PRICES

012215 LIST OF UNIT PRICES

012300 ALTERNATES

012400 WEATHER DELAYS

012500 SUBSTITUTION PROCEDURES

012600 CONTRACT MODIFICATION PROCEDURES

012900 PAYMENT PROCEDURES

013100 PROJECT MANAGEMENT AND COORDINATION

013200 CONSTRUCTION PROGRESS DOCUMENTATION

013300 SUBMITTAL PROCEDURES

014000 QUALITY REQUIREMENTS

016000 PRODUCT REQUIREMENTS

017300 EXECUTION

017329 CUTTING AND PATCHING

017419 CONSTRUCTION WASTE MANAGEMENT

017700 CLOSEOUT PROCEDURES

017823 OPERATION AND MAINTENANCE DATA

017839 PROJECT RECORD DOCUMENTS

017900 DEMONSTRATION AND TRAINING

DIVISION 02 – EXISTING CONDITIONS

024116 DEMOLITION

DIVISION 03 - CONCRETE

032000 CONCRETE REINFORCING

033000 CAST-IN-PLACE CONCRETE (SITE WORK)

DIVISION 12 – SITE FURNISHIINGS

129300 SITE FURNISHINGS

DIVISION 26 – ELECTRICAL

INDEX TO ELECTRICAL SPECIFICATIONS

260501 GENERAL PROVISIONS

260519 LOW VOLTAGE POWER OCNDUCTORS CABLES

260526 GROUNDING AND BONDING

260533 RACEWAYS AND BOXES

262416 PANELBOARDS

262726 WIRING DEVICES

262813 OVERCURRENT PROTECTIVE DEVICES

262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS

264313 SURGE PROTECTIVE DEVICE

265113 LIGHTING FIXTURES

SECTION 000002 – TABLE OF CONTENTS

22079 - 2

265659 SPORTS LIGHTING INSTALLATION

DIVISION 31 – EARTHWORK

311000 SITE CLEARING

312000 EARTH MOVING

312319 DEWATERING

313116 TERMITE CONTROL

DIVISION 32 - EXTERIOR IMPROVEMENTS

321216 ASPHALT PAVING

321313 CONCRETE PAVING

321373 CONCRETE PAVING JOINT SEALANTS

321723 PAVEMENT MARKINGS

321823 COURT SURFACING

323113 CHAIN-LINK FENCES AND GATES

329200 LAWNS AND GRASSES

329300 EXTERIOR PLANTS

DIVISION 33 - UTILITIES

331100 WATER SYSTEM

334100 STORM DRAINAGE

334616 SITE SUBDRAINAGE

TABLE OF CONTENTS - SECTION 000002

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PROJECT DRAWINGS

SITE DEVELOPMENT SET

SHEET # DESCRIPTION

C0.00 COVER

C0.01 GENERAL NOTES

C0.02 GENERAL NOTES

C0.03 SITE SURVEY

C0.04 SITE SURVEY

C0.10 SITE DEMOLITION

C1.00 SITE PLAN

C1.80 SITE DETAILS

C1.81 SITE DETAILS

C1.82 SITE DETAILS

C1.83 SITE DETAILS

C1.84 SITE DETAILS

C1.85 SHADE SAIL SYSTEM (OPCI – FOR REFERENCE ONLY)

C1.86 SHADE SAIL SYSTEM (OPCI – FOR REFERENCE ONLY)

C1.87 SHADE SAIL SYSTEM (OPCI – FOR REFERENCE ONLY)

C2.00 GRADING AND DRAINAGE

C2.40 STORM PROFILE

C2.80 DRAINAGE DETAILS

C2.81 DRAINAGE DETAILS

C2.82 DRAINAGE DETAILS

C3.00 EPSC COVER SHEET

C3.01 EPSC PHASE 1

C3.21 EPSC PHASE 2 & 3

C3.80 EPSC DETAIL SERIES

C4.00 UTILITY PLAN

C4.20 UTILITY DETAILS

L1.00 LANDSCAPE PLAN

L1.10 LANDSCAPE NOTES AND SCHEDULE

L1.11 LANDSCAPE DETAILS

ELECTRICAL

SL1.00 SPORTS LIGHTING SYSTEM (OPCI – FOR REFERENCE ONLY)

SL1.01 SPORTS LIGHTING SYSTEM (OPCI – FOR REFERENCE ONLY)

E1.00 ELECTRICAL SITE PLAN SCHEDULE AND DETAILS

E2.00 ELECTRICAL CALCULATIONS, SCHEDULES, NOTES AND DETAILS

END OF TABLE OF CONTENTS

SECTION 000002 – TABLE OF CONTENTS

22079 - 4

BID FORM

BEN HAWES PARK – PICKLEBALL COMPLEX

Owensboro, Kentucky

Acknowledgment

In compliance with the Invitation to Bid for the above-named project, having examined the drawings, specifications, related documents, and the site of the proposed work, and being familiar with all conditions surrounding the construction of the project, the undersigned proposes to furnish all labor, materials, equipment, and services necessary to complete the work in accordance with the Contract Documents, within the time and for the prices stated below.

We acknowledge receipt of Addenda numbered __________ through __________.

We understand the Owner reserves the right to accept or reject any or all bids, to waive informalities, and to award the contract in the best interest of the project.

The undersigned agrees to complete the work within ______ calendar days after the date of the Notice to Proceed. Liquidated damages shall be assessed in the amount of $__________ per calendar day for each day beyond the contract time, as provided in the Supplementary Conditions.

Project Description

The project consists of the construction of the Ben Hawes Park Pickleball Complex. Work includes site clearing, grading, drainage improvements, asphalt pickleball courts with sport surfacing, fencing, lighting, landscaping, and installation of Owner-purchased, Contractor-installed (OPCI) items such as synthetic turf, shade sails, benches, bleachers, trash receptacles, and drink rails, all as shown in the Drawings and described in the Specifications.

Base Bid

Total Lump Sum Base Bid (Figures): $__________________________________________________________________

Total Lump Sum Base Bid (Written): in the amount of ________________________________________________ dollars

Alternates

Alternate No. 1 – Cantilever Shade on Outside of Court Groups B and D (OPCI) Includes cantilever shade assembly, installation, concrete footings, and reinforcement. $_______________________

Alternate No. 2 – Assembly and Installation of Bleachers (OPCI) Includes assembly, installation, and anchoring of eight (8) sets of bleachers. $_______________________

It is at the discretion of the Owner if Alternates are used as a basis of award.

Unit Prices

Unit Prices shown below are for work anticipated as part of the Base Bid. The extended total for the quantity indicated shall be included in the Lump Sum Base Bid amount. Final payment will be based on actual quantities installed at the Unit Prices provided.

No. Item Unit QTY Per Unit Total

1 Excavation and removal of unsatisfactory material and replacement with crushed stone CY 500 $________ $________________

2 Excavation and removal of unsatisfactory material and replacement with earth fill CY 500 $________ $________________

3 Bench installation only (Owner-purchased benches) EA 10 $________ $________________

4 Bleacher installation only (Owner-purchased bleachers) EA 8 $________ $________________

5 Shade sail installation only (Owner-purchased complete system) EA 4 $________ $________________

Authorized Signature

Company Name

Printed Name

Title

Email Address

24005 - BEN HAWES PARK – PICKLEBALL COMPLEX 000004

SUPPLEMENTARY CONDITIONS OF CONTRACT 1

The following supplements modify, change, delete from or add to the General Conditions of the Contract for Construction, AIA Document A201, 2017 Edition. Where any article of the General Conditions is modified or any paragraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that article, paragraph, subparagraph, or clause shall remain in effect.

ARTICLE 1: GENERAL PROVISIONS

1.1.9 Other definitions.

1.1.9.1 The term "product" as used in these Supplementary Conditions includes materials, systems and equipment.

1.1.9.2 The term "or equal" as used in these Supplementary Conditions means "or an equal approved by the Architect."

1.1.9.3 The term "provide" as used in these Supplementary Conditions means "furnish and install."

1.1.9.4 Wherever technical standards, such as (but not limited to) ASTM, are referenced in the specifications, it shall mean the standards current on the date the Contract Agreement is finalized, unless otherwise noted.

ADD THE FOLLOWING PARAGRAPH 1.2.4

1.2.4 In the event of conflicts or discrepancies among the Contract Documents, interpretations will be based on the following priorities:

1. The Agreement.

2. Addenda, with those of later date having precedence over those of earlier date.

3. The Supplementary Conditions.

4. The General Conditions of the Contract for Construction.

5. Drawings and Specifications.

In the case of an inconsistency between Drawings and Specifications or within either Document not clarified by Addendum, the better quality or greater quantity of Work shall be provided in accordance with the Architect's interpretation.

ARTICLE 2: OWNER

ADD THE FOLLOWING PARAGRAPH 2.2.5

2.2.5 The Contractor shall be supplied with one (1) copy of technical specifications and construction documents for execution of work.

Additional hardcopies will be obtained at the Contractor’s expense.

SUPPLEMENTARY CONDITIONS OF CONTRACT 2

ARTICLE 3: CONTRACTOR

ADD THE FOLLOWING PARAGRAPHS 3.3.4, 3.3.5, 3.3.6

3.3.4 The Contractor shall establish and maintain reference points required for the work. The Contractor shall set batter boards for establishing corners and other key points. The Contractor shall lay out on forms or rough floor the exact locations of partitions, openings, etc., as a guide to all trades.

The Contractor shall verify grades, lines, levels, and dimensions indicated on the drawings before commencing work.

3.3.5 Lay out construction lines and verify grades. If discrepancies between actual lines and elevations and those indicated on plans exist, the Contractor shall notify the Architect and obtain a decision before starting work.

3.3.6 The Contractor shall have the subcontractor who installs them, correct defects in bases, surfaces or substrates on which finishing materials are to be applied, construction is to be added, or equipment is to be mounted.

ADD THE FOLLOWING PARAGRAPHS 3.4.4, 3.4.5 AND 3.4.6

3.4.4 After the Contract has been executed, the Owner will consider a formal request for the substitution of products in place of those specified only under the conditions set forth in this paragraph. Where materials, equipment, apparatus, or other products are specified by manufacturer, brand name, type or catalog number, such designation shall establish standards of quality and style desired. Any reasonable request for substitution will be considered, if in the opinion of the Architect, such materials are equalent to the material specified and entirely satisfactory for use in the project. The Architect shall be the sole judge of acceptability of substitution.

3.4.5 By making requests for substitutions based on Clause 3.4.4 above, the Contractor:

a. Represents that he has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified;

b. Represents that he will provide the same warranty for the substitution that the Contractor would for that specified;

c. Certifies that the cost data presented is complete and includes all related costs under this Contract but excludes the Architect's re-design costs, and waives all claims for additional costs related to the substitution which subsequently become apparent; and

d. Will coordinate the installation of the accepted substitute, making such changes as may be required for the work to be complete in all respects.

SUPPLEMENTARY CONDITIONS OF CONTRACT 3

3.4.6 The Architect will reply in writing to the Contractor stating whether the Owner, after due investigation, has reasonable objection to any such proposal. If adequate data on any proposed manufacturer or installer is not available, the Architect may state that action will be deferred until the Contractor provides further data. Failure of the Owner to reply will constitute notice of non-acceptance. Written acceptance of substitution will not constitute a waiver of any of the requirements of the Contract Documents, and all products furnished by the listed manufacturer must comply with such requirements. Any adjustment in contract price will be accurately reflected in the required AIA Document G701 Change Order.

ADD THE FOLLOWING TO PARAGRAPH 3.12.5:

3.12.5 Add the following sentence:

a. Submittals shall be transmitted to the Architect electronically, when feasible. When digital transmission is not possible, the Contractor shall submit no less than three (3) copies of product samples and no less than four (4) copies of shop drawings, product data, brochures or similar submittals.

ADD THE FOLLOWING PARAGRAPH 3.12.11:

3.12.11 The Owner and/or Owner’s Representative shall not be responsible for correctness of dimensions for design as outlined in 3.12.10.

ARTICLE 4: ADMINISTRATION OF THE CONTRACT

ADD THE FOLLOWING TO PARAGRAPH 4.1.1

4.1.1 Add the following sentence at the beginning of the

paragraph:

The term "Architect" shall be understood to refer to the Principal Designer as listed on the individual drawings and throughout these Contract Documents.ARTICLE 5: SUBCONTRACTORS

CHANGE PARAGRAPH 5.2.1 AS FOLLOWS

DELETE THE LAST SENTENCE FROM PARAGRAPH 5.2.1 AND ADD THE

FOLLOWING CLAUSE:

5.2.1 No work shall be commenced until approval of such Subcontractors has been given in writing by the Owner. If required, the Contractor shall furnish evidence satisfactory to the Owner, showing that any or all proposed Subcontractors are competent to execute the various parts of the work covered by their Subcontractors.

ARTICLE 7: CHANGES IN THE WORK

SUPPLEMENTARY CONDITIONS OF CONTRACT 4

CHANGE PARAGRAPH 7.3.4 AS FOLLOWS

7.3.4 In the first sentence, delete the words "an amount for overhead and profit as set forth in the agreement or if no such amount is set forth in the Agreement a reasonable amount" and substitute "an allowance for overhead and profit in accordance with paragraphs 7.3.11 below."

ADD THE FOLLOWING PARAGRAPH 7.3.11:

7.3.11 The allowance for the combined overhead and profit, included in the total cost to the Owner, shall be based on the following schedule:

.1 For each Contractor, for Work performed by the Contractor's own forces, 10 percent of the cost.

.2 For the Contractor, for work performed by the Contractor's

Subcontractor, 5 percent of the amount due the Subcontractor.

.3 For each Subcontractor or Sub-Subcontractor involved, for Work performed by the Subcontractor's or Sub-Subcontractor's own forces, 10 percent of the cost.

.4 For each Subcontractor, for Work performed by the Subcontractor's Sub- Subcontractors, 5 percent of the amount due the Sub-Subcontractor.

.5 Cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph 7.3.8.

.6 In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and Subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are Subcontracts, they shall be itemized also. In no case will a change involving over $500 be approved without such itemization.

ARTICLE 8: TIME

ADD THE FOLLOWING PARAGRAPH 8.3.4

8.3.4 Extended overhead profit or damages relating to weather delays will not be allowed. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay to the Owner, the amount specified on the Bid Form, not as a penalty, but as liquidated damages.

ARTICLE 9: PAYMENTS AND COMPLETION

SUPPLEMENTARY CONDITIONS OF CONTRACT 5

ADD THE FOLLOWING PARAGRAPHS 9.3.1.3, 9.3.1.4 AND 9.3.2.1

9.3.1.3 Until the work is substantially complete, the Owner will retain five percent (5%) of the amount due the Contractor on the project. At the Owner's option, retainage may be reduced to two and one half percent (2.5%) when the project is seventy-five percent (75%) complete.

9.3.1.4 Concurrent with the Application for Payment, the Contractor shall submit relevant project documentation, including, but not limited to, updated project schedule, site-specific weather data for the period of time indicated on the Application for Payment, invoices for stored materials and deposits paid by the Contractor for material orders, and other deliverables as required by the Owner or the Architect.

9.3.2.1 Partial payments will be made monthly on valuation of work done and acceptable materials suitably stored on the site. In the event that the supervising Architect refuses to certify the project as completed at such time as 100% of all of the contract draws have been extended, minus this retainage, then, in that event the Contractor agrees that the Owner may use said retainage to complete the project in accordance with the original contract terms and specifications, with it being clearly understood between the parties that the payment of the retainage account on said contract completion shall in no ways or event release the Contractor from any further liability or obligation to complete the Contract as specified therein.

CHANGE PARAGRAPH 9.4.1 AS FOLLOWS

9.4.1 Replace the word “seven” with “within a reasonable amount of time” in the first sentence.

ADD THE FOLLOWING TO PARAGRAPH 9.5.1

.8 If any claim or lien is made or filed with or against the Owner, the Project or the Premises by any person claiming that the Contractor or any Subcontractor or other person under it has failed to make payment for any labor, services, materials, equipment, taxes or other items or obligations furnished or incurred for or in connection with the work, or if at any time there shall be evidence of such nonpayment or of any claim or lien for which, if established, the Owner might become liable and which is chargeable to the Contractor, or if the Contractor or any Subcontractor or other person under it causes damages to the Work or to any other work on the Project, or if the Contractor fails to perform or is otherwise in default under any of the terms or provisions of the Contract Documents, the Architect shall withhold certification, and the Owner shall have the right to retain from any payment then due or thereafter to become due an amount which the Architect shall deem sufficient to (1) satisfy, discharge and/or defend against any such claim or lien or any action which may be brought or judgment which may be recovered thereon, (2) make good any such nonpayment, damage, failure or default, and (3) compensate the Owner for an indemnity if against any and all losses, liability, damages, costs and expenses, including

SUPPLEMENTARY CONDITIONS OF CONTRACT 6

reasonable attorneys’ fees and disbursements, which may be sustained or incurred by the Owner in connection therewith. The Owner shall have the right to apply and charge against the Contractor so much of the amount retained as may be required for the foregoing purposes. If such amount is insufficient therefore, the Contractor shall be liable for the difference and pay the same to the Owner.

.9 Failure of the Contractor to submit relevant project documentation as described in Section 9.3.1.4.

ADD THE FOLLOWING PARAGRAPH 9.6.9

9.6.9 Notwithstanding any other provisions to the contrary, the Owner reserves the right to make payment directly to any Subcontractor of the Contractor (or jointly to the Contractor and Subcontractor) in such amounts as the Owner determines to protect the Owner's interest and the Owner's property from a lien or asserted lien or other claim, and the amount owed the Contractor shall be reduced by the amount of any claim, and the amount owed the Contractor shall be reduced by the amount of any such payment by the Owner. Exercise of this option shall not create any claims or rights by any Subcontractor or other party against the Owner or the Owner's funds. This right may also be exercised through the Owner's title company making such payments.

ADD THE FOLLOWING TO PARAGRAPH 9.8.1

9.8.1 …and when all required occupancy permits have been issued such as but not limited to State Fire Marshall Occupancy Permits, Local Building Occupancy Permits, State Health Agency Occupancy Permit, Local Health Department Permits, and copies of same have been delivered to the Owner.

ADD THE FOLLOWING TO PARAGRAPH 9.8.2

9.8.2 The Architect will make only one (1) such inspection to determine Substantial Completion. If this inspection determines that the work is not substantially complete, either because of major items not completed or an excessive number of punch list items, successive inspections requested by the Contractor shall be charged to the Contractor at a rate of $500.00 per person per day plus expenses.

ADD THE FOLLOWING TO PARAGRAPH 9.10.1

9.10.1 The Architect will make only one (1) such inspection to determine Final Completion. If this inspection determines that the work is not finally complete, successive inspections requested by the Contractor shall be charged to the Contractor at a rate of $500.00 per person per day plus expenses.

ADD THE FOLLOWING PARAGRAPH 9.10.2.1

SUPPLEMENTARY CONDITIONS OF CONTRACT 7

9.10.2.1 Releases of liens shall be furnished by the Contractor on AIA Document G706 or a form approved by the Architect. Subcontractors and materials suppliers lien releases may be provided by the Contractor.

ADD THE FOLLOWING PARAGRAPHS 9.11 TO 9.11.1

9.11 Liquidated Damages.

9.11.1 The Contractor and the Owner recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 9.8 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the Owner an amount of Two Hundred Fifty dollars ($250.00) for each calendar day that expires after the time specified.

ARTICLE 10: PROTECTION OF PERSONS AND PROPERTY

ADD THE FOLLOWING PARAGRAPHS 10.2.9, 10.2.10, 10.2.11 AND 10.2.12:

10.2.9 The Contractor shall protect excavation, trenches, buildings and grounds from water damage of any sort. Furnish necessary equipment to provide this protection during the life of the contract. Construct and maintain necessary temporary drainage to keep excavations free of water.

10.2.10 The Contractor shall provide protection for the work against wind, storms, cold or heat. At the end of each day's work, cover new work likely to be damaged. If low temperatures make it impossible to continue operations safely in spite of cold weather precautions, cease work and notify Architect.

10.2.11 The Contractor shall provide shoring and bracing required for safety and for the proper execution of the work and have same removed when the work is completed.

10.2.12 The Contractor shall protect, maintain and restore any bench marks, monuments, etc. affected by this work. If bench marks or monuments are displaced or destroyed, points shall be re-established and markers reset under the supervision of a licensed surveyor, who shall furnish certificates of his work.

ARTICLE 11: INSURANCE AND BONDS

ADD THE FOLLOWING TO PARAGRAPH 11.1.2

SUPPLEMENTARY CONDITIONS OF CONTRACT 8

.1 The Contractor shall furnish to the Owner and keep in force during the term of the Contract performance and labor and material payment bonds guaranteeing that the Contractor will perform its obligations under the Contract and will pay for all labor and material furnished for the work. Such bonds shall be issued in a form and by a surety reasonably acceptable to Owner, shall be submitted to Owner for approval as to form, shall name the Owner and its leader as obliges and shall be in an amount equal to at least 100% of the Contract Sum (as the same may be adjusted from time to time pursuant to the Contract). The Contractor shall deliver the executed, approved bonds to the Owner within three

(3) days after execution of this Agreement."

.2 The Contractor shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.

.3 The bonding company shall furnish a letter to the Owner from the home office acknowledging the bond(s). Separate bonds are required.

The costs of all bonds furnished hereunder shall be included in the Contract Sum.

.4 The Owner shall have the right to waive any bonds required to be provided hereunder, in which event the amount of the premium of any such waived bond shall be deducted from the Contract Sum by appropriate Change Order.

ADD THE FOLLOWING TO PARAGRAPH 11.1

.5 The General Liability coverages provided by the Contractor is primary over any coverages of the Owner.

.6 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including:

Premises-Operations (including X-C-U) Independent Contractor's Protective

Products and Completed Operations Personal Injury Liability with Employment Exclusion deleted Contractual - including specified provisions for the Contractor's obligations under Paragraph 3.18

Owned, non-owned, and hired motor vehicles Broad Form Property Damage including Completed

Operation Umbrella Excess Liability All insurance policies shall be written on an occurrence basis.

.7 If the General Liability coverages are provided by a Commercial General Liability Policy on a claim-made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with paragraph 9.10.2.

SUPPLEMENTARY CONDITIONS OF CONTRACT 9

.8 Contractor acknowledges that all records relating to this Agreement and the Services to be provided under the contract may be a public record subject to Georgia’s Open Records Act (O.C.G.A. §50-18-70, et. Seq.). Contractor shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law.

.9 The Insurance required by paragraph 11.1.1 shall be written for not less than the following, or greater, if required by law:

1. Worker’s Compensation:

a. State: Statutory Limit

b. Applicable Federal: Statutory Limit

c. Employer's Liability: $1,000,000 without restriction as to whether covered by worker’s compensation law.

2. Comprehensive General Liability (including Premises-

Operations; Independent Contractor's Protective; Products and Completed Operations: Broad Form Property Damage):

a. Bodily Injury:

$1,000,000 Each Occurrence $1,000,000 Annual Aggregate

b. Property Damage:

$1,000,000 Each Occurrence $1,000,000 Annual Aggregate

c. Maintain Products and Completed Operations.

Insurance for a period of two years after final payment.

d. Property Damage Liability Insurance will include X, C and U (explosion, collapse and underground) coverage.

3. Contractual Liability (Hold Harmless Coverage):

a. Bodily Injury:

$1,000,000 Each Occurrence $1,000,000 Annual Aggregate

4. Personal Injury, with Employment Exclusion detailed:

a. $1,000,000 Annual Aggregate

5. Comprehensive Automobile Liability (owned, non-owned, hired):

a. Bodily Injury:

$1,000,000 Each Person $1,000,000 Each Occurrence

b. Property Damage:

$1,000,000 Each Occurrence

6. Excess Limits Liability Policy (Umbrella):

a. $1,000,000

SUPPLEMENTARY CONDITIONS OF CONTRACT 10

7. The following shall be included as additional insured parties on

Contractor’s liability policies. The City is additional insured on a primary/non-contributory basis with a waiver of subrogation for the General Liability and Automobile Liability insurances.

a. City of Owensboro – Owner

b. Lose & Associates, Inc. DBA Lose Design – Architect

.10 Each policy shall provide either in the body of the policy or by appropriate endorsement (rider) to the policy, that such policy cannot be altered or canceled in less than ten days after the mailing of written registered notice to the Owner of such alternation or cancellation, or not less than five days after actual receipt by the Owner of such written notice.

.11 If this insurance is written on the Comprehensive General Liability policy form, the Certificates shall be AIA Document G705, Certificate of Insurance. If this insurance is written on a Commercial General Liability policy form, ACORD form 25S will be acceptable.

.12 Furnish one copy of each Certificate of Insurance herein required for each copy of the Agreement which shall specifically set forth evidence of all coverage required by the Contract. The form of the certificate shall be AIA Document G705 or a form approved by the Architect. Furnish to the Owner copies of endorsements that are subsequently issued amending coverage or limits.

DELETE PARAGRAPHS 11.2.1, 11.2.2 and 11.2.3 AND SUBSTITUTE THE

FOLLOWING

11.2.1 The Contractor shall purchase and maintain insurance covering the Owner's contingent liability for claims which may arise from operations under the Contract.

11.2.2 Contractor shall purchase and maintain insurance in not less than the following amounts:

.1 Worker's Compensation, as required by the Labor Laws in effect at the place where project is performed.

Employer's Liability:

$500,000.00 per Accident $500,000.00 Disease, Policy limit $500,000.00 Disease, Each Employee

.2 Comprehensive or Commercial General Liability (including Premises Operations; Independent Contractors Protective; Products and Completed Operations; Broad Form Property Damage):

.3 Comprehensive General Liability in the amount of not less than $1,000,000.00 single limit bodily injury and broad form property damage, SUPPLEMENTARY CONDITIONS OF CONTRACT 11 products and completed operations. If any blasting is undertaken, provide and include certificate of blanket XCU coverage before blasting.

.4 Limits for protection required for Contractual Liability shall be the same as specified for Comprehensive General Liability.

.5 If the General Liability coverages are provided by a Commercial Liability policy, the:

a. General Aggregate shall be not less than $2,000,000 and it shall apply, in total to this Project only.

b. Fire Damage Limit shall not be less than $1,000,000 on any one Fire.

c. Medical Expenses Limit shall be not less than $5,000 on any one person.

.6 Business Automobile Liability (including owned, non-owned and hired vehicles): $1,000,000 Combined Single limit.

.7 Umbrella Excess Liability:

$1,000,000 over primary insurance $25,000 retention

.8 The Owner shall purchase and maintain insurance covering the Owner's contingent liability for claims which may arise from operations under the Contract. (BUILDERS RISK INSURANCE).

The Owner will provide the Contractor with Certificate of insurance providing a 30 day written notice of change or cancellation of coverage.

ADD THE FOLLOWING TO PARAGRAPH 11.5.1

.1 If the Owner or Contractor is damaged by the failure of the other to purchase or maintain any insurance or bond required by these Contract Documents, within the written consent of the other, then the party failing to so purchase or maintain such insurance or bonds shall pay all costs incurred by the other party, including, but not limited to, reasonable attorney’s fees.

ARTICLE 13: MISCELLANEOUS PROVISIONS

MODIFY PARAGRAPH 13.4.2 AS FOLLOWS:

13.4.2 Change the last sentence to read “… shall be at the Contractor’s expense.”

ADD THE FOLLOWING PARAGRAPHS 13.6, 13.7 AND 13.8

13.6 Hours of Operation

The Contractor is disallowed from conducting operations which include the erection (including excavation), demolition, alteration or repair of any private property within five hundred (500) feet of an occupied residence, SUPPLEMENTARY CONDITIONS OF CONTRACT 12 between the hours of 8:00 p.m. and 7:00 a.m. Monday through Friday during the months of September through May; between the hours of 8:00 p.m. and 6 a.m. during the months of June through August; and between 8:00 p.m. and 8 a.m. Saturday and Sunday throughout the year which involves the use of a (i) hammer, or (ii) pneumatic, gas diesel, or electric powered tool or equipment. Notwithstanding the foregoing, nothing in this supplementary condition shall prohibit construction work or operation of construction equipment during periods of natural disaster, storms which necessitate emergency home repairs or removal of trees, emergency utility repairs, or the normal repair of heating or cooling units.

13.7 Pre-Blast Survey

In the event that the Contractor must perform any blasting during construction operations, the Contractor shall be responsible for conducting his own pre-blast survey at no cost to the Owner.

13.8 Utility Service

The Contractor shall provide and maintain at his own expense any water, electric, or other utility service used in the construction of the work.

ARTICLE 14: TERMINATION OR SUSPENSION OF THE CONTRACT

DELETE PARAGRAPH 14.2.1 AND SUBSTITUTE THE FOLLOWING

14.2.1 The Owner may terminate this Contract at any time, with or without cause, by a notice in writing from the Owner to the Contractor. If the Contract is terminated by the Owner as provided herein, the Contractor will be paid an amount for services performed to date.

DELETE PARAGRAPH 14.4.3 AND SUBSTITUTE THE FOLLOWING

14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment from the Owner on the same basis provided in Section 14.2.

ADD THE FOLLOWING TO PARAGRAPH 15.1.6.2

.1 The following bad weather days shall be anticipated and included in the contractual time period given for project completion. The Contractor's request for additional time due to weather shall only be considered for days beyond those listed below and may be denied or granted for such reasonable time as the architect may, at his/her sole discretion, determine. The burden of proof and documentation for such request for additional time shall rest solely upon the Contractor. Rain days will not be granted for Saturdays and Sundays.

SUPPLEMENTARY CONDITIONS OF CONTRACT 13

January 11 days February 8 days

March 6 days April 6 days

May 5 days June 4 days

July 5 days August 4 days

September 4 days October 4 days

November 4 days December 6 days

.2 Extended overhead profit or damages relating to weather delays will not be allowed. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay to the Owner, the amount specified on the Bid Form, not as a penalty, but as liquidated damages.

.3 It is further agreed that time is of the essence of each and every portion of this Contract and of the Specification wherein a definite portion and certain length of time is fixed for the performance of any act wheresoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be the essence of this Contract.

ADD THE FOLLOWING PARAGRAPH 15.1.6.3

15.1.6.3 Extensions of time will not be granted for delays caused by inadequate construction force or the failure of the Contractor to place orders for equipment or materials sufficiently in advance to insure delivery when needed

SUPPLEMENTARY CONDITIONS OF CONTRACT 14

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Document A101® – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:06:40 EDT on 08/12/2025 under Subscription No.20250125134 which expires on 05/03/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (689b7bda824ba3ec333e66b9)

ADDITIONS AND DELETIONS:

The author of this document may have revised the text of the original AIA standard form. An Additions and Deletions Report that notes 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 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.

The parties should complete A101®–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201®–2017, 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.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the Twelfth day of August in the year Two Thousand Twenty- Five (In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information)

City of Owensboro 101 East 4th Street, Owensboro, KY 42303

270-687-8700 and the Contractor:

(Name, legal status, address and other information) for the following Project:

(Name, location and detailed description)

Ben Hawes Park Pickleball Complex 400 Booth Field Rd Owensboro, KY 42301 The Ben Hawes Park Pickleball Project will build a new outdoor pickleball complex designed for both everyday community use and tournament play. The work includes clearing and preparing the site, installing new drainage and utilities, and constructing asphalt pickleball courts with sport surfacing. The project also includes fencing, MUSCO sports lighting, shaded seating areas, and landscaping.. Some items, like shade sails, bleachers, benches, and trash receptacles, will be provided by the City and installed by the contractor.

The Architect:

(Name, legal status, address and other information)

Lose & Associates, Inc. DBA LOSE DESIGN 2809 Foster Avenue, Nashville TN 37210 615-242-0040

The Owner and Contractor agree as follows.

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:06:40 EDT on 08/12/2025 under Subscription No.20250125134 which expires on 05/03/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

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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

EXHIBIT A 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:

(Check one of the following boxes.)

[ ] The date of this Agreement.

[ X ] A date set forth in a notice to proceed issued by the Owner.

[ ] Established as follows:

(Insert a date or a means to determine the date of commencement of the Work.)

If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement.

§ 3.2 The Contract Time shall be measured from the date of commencement of the Work.

§ 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work:

(Check one of the following boxes and complete the necessary information.)

[ X ] Not later than One Hundred Eighty ( 180 ) calendar days from the date of commencement of the Work.

[ ] By the following date:

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:06:40 EDT on 08/12/2025 under Subscription No.20250125134 which expires on 05/03/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (689b7bda824ba3ec333e66b9)

§ 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates:

Portion of Work Substantial Completion Date

§ 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5.

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 ($ ), subject to additions and deductions as provided in the Contract Documents.

§ 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum:

Item Price

§ 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement.

(Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.)

Item Price Conditions for Acceptance

§ 4.3 Allowances, if any, included in the Contract Sum:

(Identify each allowance.)

Item Price

§ 4.4 Unit prices, if any:

(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

§ 4.5 Liquidated damages, if any:

(Insert terms and conditions for liquidated damages, if any.)

§ 4.6 Other:

(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)

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:

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:06:40 EDT on 08/12/2025 under Subscription No.20250125134 which expires on 05/03/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (689b7bda824ba3ec333e66b9)

§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than ( ) 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 by such data to substantiate its accuracy, as the Architect may require. This schedule of values 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 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

§ 5.1.6.1 The amount of each progress payment shall first include:

.1 That portion of the Contract Sum properly allocable to completed Work;

.2 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; and

.3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified.

§ 5.1.6.2 The amount of each progress payment shall then be reduced by:

.1 The aggregate of any amounts previously paid by the Owner;

.2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017;

.3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay;

.4 For Work performed or defects discovered since the last payment application, any amount for which the

Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017; and

.5 Retainage withheld pursuant to Section 5.1.7.

§ 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due:

(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.)

§ 5.1.7.1.1 The following items are not subject to retainage:

(Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.)

§ 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows:

(If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.)

2.5

§ 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:06:40 EDT on 08/12/2025 under Subscription No.20250125134 which expires on 05/03/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (689b7bda824ba3ec333e66b9) an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows:

(Insert any other conditions for release of retainage upon Substantial Completion.)

§ 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017.

§ 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 Article 12 of AIA Document A201–2017, and to satisfy other requirements, if any, which extend beyond final payment; and

.2 a final Certificate for Payment has been issued by the Architect.

§ 5.2.2 The Owner’s final…