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Home My WebLink About5391Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5391 DP WAIN CONSTRUCTION, INC Bremerton Family YMCA Jarstad Aquatic Center Pool Upgrade Project Parks LEG 12-1 6/13/2014 9/2/2014 11/1/2014 2015 Comments : �� I � ; TM ==�= Document A101 - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulafed Sum AGREEMENT made as of the Twenty First day of May in the year Two Thousand Fourteen (In tia�ords, rndicate day, month and yeur. BETWEEN the Owner: (Name, legal status, address and other i� formaiion) City of Bremerton Owner 345 — 6�' Street, Suite 600 Bremerton, WA 98337 and the Contractor: (Name, legal slatus, address and otller infoi•matio��) D.P. Wain Construction, Inc. P.O. Box 3771 Silverdale, WA 98383 Phone: 360-698-5917 for the follo�ving Project: (Name. localion and detailed description) Jarstad Aquatic Center Pool Upgrades � The contract includes demo, general trades, mechanical, and electrical work for a new whirlpool and main pool mechanical improvements at the Jarstad Aquatic Center located at 2261 Homer Jones Dr., Bremerton, WA 98310 The Architect: (Nanre, lega/ status, add��ess and olher infornrulion) Rice Fergus Miller, Inc. 275 5'�' Street, Suite 100 Bremerton, WA 983337 Phone: 360-377-8773 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 T"" — 2007. Copynght O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, t 987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproductfon 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 sokware at 08 37 03 on 06I05/2014 under Order No 3839379614_1 which expires on 11/08/2014, and is not for resale User Notes: (1162835558) TABLE OF ARTICLES THE CONTRACT DOCUMENTS THE WORK OF THIS CONTRACT DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM PAYMENTS DISPUTE RESOLUTION TERMINATION OR SUSPENSION 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 integated 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 ful ly 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 A�-eement 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. Commencement date shall be set with Notice to Proceed If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: I Not Applicable § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Cont� shall achieve Substantial Completion of the entire Work not later than eighty one ( 81 ) days from the date of commencement, or as follows: Portion of Work Substantial Completion Date , subject to acfjustments of this Contract Time as provided in the Contract Documents. AfA Document A101'"' — 2007. Copyright OO 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 2 reproduction or distribution of this AIA� Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the � maximum extent possible under the law. This document was produced by AIA software at 08.37.03 on 06/05I2014 under Order No 3839379614_1 which expires on 11/OSI2014, and is not for resale UserNotes: . (1162835558) (/nsei•t provisions, if any, for liquidated damages relating to failure to achieve Subslantiul Completion on time or for bonus perynrents 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 ninety eight thousand nine hundred forty seven dollars and no/100 ($ 498,947.00 ), 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: Not Applicable § 4.3 Unit prices, if any: � (Parugraph deleled) Item Units and Limitations Price Per Unit ($0.00) � Not Applicable § 4.4 Allowances included in the Contract Sum, if any: (Parugrapfi deleted) Item Price Not Applicable 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 last day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the last day of the following month. Ifan Application for Payment is received by the Architect after the application date fixed above, pay►nent shall be made by the Owner not later tlian thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or loca! la►vs may reyuif•e pavntent �vithin 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 a�nong the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall sho�v 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 ctispute shall AIA Document A101 T"' — 2007. Copynght �O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized 3 reproduction or distribution of this AIA� Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the � maximum extent possible under the law. This document was produced by AIA software at 08 37 03 on O6/OS/2014 under Order No 3639379614_1 which e�ires on 11/OS/2014, and is not for resale UserNotes: (1162835558) be included as provided in Section 73.9 of AIA Document A201T"'-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 offthe 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 ofAlA Document A201-2007. § 5.1.7 The progress payment amount detennined 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 ofthe 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 ofA/A Doctrntent,9201-2007 ►•equires release of applicab[e retainage upor: St�bstan�ial Comple�iori of Work ivilh consertt of surety, i f am�.) .2 Add, if tinal completion ofthe Work is thereafter materially delayed through no fault ofthe 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: (!f it is intendect, prior to Substantial Con�pletion �f t{ie entire Work, �o reduce or limi! lhe r•etaii�age �•esulting fronz the perce�rlages inserted i�a Sectioris 5.1.6.1 ar7d 5.1.6.2 above, and this is not explairred elsewhere in the Conlract Docin�tenls, insert here provisions for such reduc�iofr or limitution.) � Not Applicable § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements; if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days aRer the issuance of the Architect's final Certificate for Payment, or as follows: � Not Applicable 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 lnitial Decision Maker. (/f t6te pa�•ties nrutz�ullv ag�•ee, insert t/�e nanie, nddress und olher contact i� formaiior� of 1he Initial Decision Make�•, if otlief• than the Architect. ) AIA Document A101 T"' — 2007. Copyright O 1915, 1918, 1925, 1937, 7 951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The Amencan Init. Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA� Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the � maximum extent possible under the law. This document was produced by AlA software at 08 37 03 on 06I05/2014 under Order No 3839379614_1 which expires on 11I08/2014, and is not for resale UserNotes: (1162835558) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-?007, the method of binding dispute resolution shall be as follows: (Check the appropriate bo.r. /f t/te Ou�ner and Contractor do not select u ntetl�od of bi�7ding dispute resolutiofa helow, or do not si�bsequentiv agree in ia�ritif�g to a binding dispirte resolz.rtiorr me►hnd ot%a ha►t li i�rort. Claims ia�ill be resolved b� IIII�GllO)1 731 Q COZ[/'l Of carapetent jw�isdictio�l.) �,I� �-ew.dv� � - P9 v1 ,�(10llc�ab� •'�] rbitration pursuant to Section 15.4 of i11A Document A20 007 [ j Litigation in a court of competent jurisdiction [ X ] Other (Specifj�) In accordance with Supplemental Conditions 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 ofAlA Document A20]-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 rnte nf inte�•est agreed upa�, if afry. ) % § 8.3 The Ow�ner's representative: (Nan�e, addf•ess ar�d other ir fof•malion) Jeff Elevado Recreation Manager City of Bremerton, Parks and Recreation Department 680 Lebo Blvd. Bremerton, WA 98337 § 8.4 The Contractor's representative: (Nume QCIG7�YESS Gi7CJOlfIL'Y lifOYl)1Q/lOi7� I Dennis Wain D.P. Wain Construction, lnc. P.O. Box 3771 Silverdale, WA 98383 Phone: 360-698-59 l 7 § 8.5 Neither the O��ier's nor the Contractor's representative shall be changed �vithout ten days �vritten notice to the , other party. AIA Document A101 T"' — 2007. Copyright �O 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 5 reproductfon or distribution of this AIA� Document, or any portion of it, may result in severe civil and criminal penalfies, and will be prosecuted to the � maximum eztent possible under the law. This document was produced by AIA software at 08 37 03 on 06/O5/2014 under Order No.3839379614_1 which expires on 11 /08I2014, and is not for resale User Notes: (1162835558) § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Ageement, are enumerated in the sections below. § 9.1.1 The Agreement is this eaecuted AIA Document A101-2007, Standard Form ofAgreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date 007300 Supplementary May 9, 2014 Conditions § 9.1.4 The Specifications: (Eilher list the Specrfrcalio�rs here or �•efer lo an ex/iibit altached to this Agreement.) Section Title Date Table of Contents May 9, 2014 § 9.1.5 The Drawings: (Either list the Drawifrgs /rere or refer to an exhibit attached to Ihis Agi•eement.) � As noted on drawing inde� sheet A00.00 Number § 9.1.6 The Addenda, if any: Number Not Applicable. Title Date Date Pages Pages 19 Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: AlA Document E201T"'-2007, Digital Data Protocol E�chibit, if completed by the parties, or the following: Not applicable .2 Other documents, if any, listed below: (List ltere any additional docuntents tl�at are irttended to forir� part o�'t{te Contract Documer�ts. A/A Docwnerit �201-3007 provides 11aat biddirig reqai�•ements suc{: as ach�erlisement o�• invilalion �o bicl, brstructions !o Bidders, sarnple fo�•ms artd the Contractor's bid a�•e ftot pnrt of the Contract Documents r�nless e��zm7ernled in tl�is Agree»�ent. They s/7or.rld be listed here only if i�i�ended 10 be part of the Cont�•acl Doctu��ents.) Not Applicable AIA Document A101 T"" — 2007. Copyright �O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The Amencan Init. Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized s 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 37 03 on 06I05/2014 under Order No 3839379614_1 which expires on 11I08I2014, and is not for resale UserNotes: (1162835558) 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 bondi��g reqtri�•ements, if any, a�td lin�its of liabiliry for irrsurance reya�ir•ed irt Artic•le 11 of AIA Document A201-2007.) Type of insurance or bond Limit of liability or bond amount ($0.00) Contractor's Liability insurance and As noted in Supplemental Conditions 007300. Performance and Payment Bonds This Agreement entered into as of the day and year first written above. � � �� and title) D� �!� �y��,.-/��-� CONTRACTOR (Signature) �.J�� J l� ��/�/J✓ c�x�i�'✓( (Printed nume a�id title) AIA Document A101 T"" — 2007. Copyright �O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 7 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 37 03 on O6/05/2014 under Order No 3839379614_1 which expires on 11/08/2014, and is not for resale UserNotes: (1162835558) Additions and Deletions Report for AIA� Document A101 — 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 onginal 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 08:37:03 on 06/05/2014. PAGE1 AGREEMENT made as of the Twentv First day of May in the year Two Thousand Fourteen (/n words, indicate dcry, n7onth a�td 3�ectr ) ��ear. Citv of Bremerton Owner 345 — 6` Street, Suite 600 Bremerton, WA 98337 D.P. Wain Construction, Inc. P.O. Box 3771 Silverdale, WA 98383 Phone: 360-698-5917 Jarstad Aquatic Center Pool Uu�rades The contract includes demo, reneral trades, mechanical, and electrical work for a new whirlpool and main pool mechanical improvements at the Jarstad Aquatic Center located at 2261 Homer Jones Dr., Bremerton, WA 98310 Rice Fergus Miller, Inc. 275 5`�' Street, Suite 100 Bremerton, WA 983337 Phone: 360-377-8773 PAGE 2 , , be r,�.oa : ,,.:,.o .,. .. ,e,a � Commencement date shall be set with Notice to Proceed � Not Applicable Additions and Deletions Report for AIA Document A101 T^^ — 2007. Copynght O 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 37 03 on 06I05/2014 under Order No 3839379614_1 which expires on 11/08/2014, and is not for resale UserNotes: (1162835558) § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than eiehtv one ( 81 ) 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 ninetv eight thousand nine hundred forty seven dollars and no/100 ($ 498,947.00 ), subject to additions and deductions as provided in the Contract Documents. , .,I+„ ..t., �4... .. +L,o .,+ F ..h ..,] rt.e .�I.,�,. .,L.,, .1,.,� .. ..♦ .. \ II Not Applicable — :.;;:. � Not Applicable r�r.�►� . Not Applicable § 5.1.3 Provided that an Application for Pay�nent is received by the Architect not later than the last day of a month, the O�vner shall make payment of the certified amount to the Contractor not later than the last day of the following month. Ifan Application for Payment is received by the Architect after the application datc fixed above, paymnent shall be made by the Owner not later than thirt�( 30 ) days after the Architect receives the Application for Payment. .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, ]ess 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 Docu►nent A201T"'-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_%); • • • Additions and Deletions Report for AIA Document A101 T"" — 2007. Copyright O 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 2 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 soflware at 08 37 03 on 06/05I2014 under Order No 3839379614_1 which expires on 11/08/2014, and is not for resale User Notes: (1162835558) PAGE 4 Not Applicable ... 3.14' b ,� Not Applicable � ' PAGE 5 + r �.e W�v� u�¢ �. — � c91' ,�l �! I l C �� P � Arbitration pursuant to Section 15.4 ofAIA Document A201-2007 � [ X ] Other (Specify) In accordance with Supplemental Conditions Jeff Elevado Recreation Mana�er • City of Bremerton, Parks and Recreation Department 680 Lebo Bivd. Bremerton. V1/A 98337 Dennis Wain � D.P. Wain Construction, Inc. P.O. Box 3771 Silverdale, WA 98383 Phone:360-698-5917 PAGE 6 007300 Sup�lementarv Mav 9, 2014 19 Conditions Table of Contents Mav 9, 2014 3 As noted on drawin� index sheet A00.00 Not Applicable. Additions and Deletions Report for AIA Document A101 T"" — 2007. Copyright �O 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 3 Intemational 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 mazimum extent possible under the law. This document was produced by AIA software at 08.37.03 on 06/OSI2014 under Order No 3839379614_1 which expires on 11I08/2014, and is not for resale UserNotes: (1162835558) Not applicable Not Apelicable PAGE7 Contractor's Liabilitv Insurance and As noted in Supplemental Conditions 007300. Performance and Pavment Bonds Additions and Deletions Report for AIA Document A101 T"' — 2007. Copyright O 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 Intemational 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 37 03 on 06I05/2014 under Order No 3839379614_1 which expires on 11I08/2014, and is not for resale User Notes: - (1162835558) Certification of Document's Authenticity AIA� Documenf D401 T"" — 2003 1, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneous]y with its associated Additions and Deletions Report and this certification at 0837:03 on 06/OS/2014 under Order No. 3839379614_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA'�' Document Al OlT'" — 2007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than d�ose additions and deletions shown in the associated Additions and Deletions Report. � (Signed) � �i�� Gr/� �� Qi�/ �� :��'�� `� � � (7'itle) (Datedj D;� `.� �� AIA Document D401 T"" — 2003. Copyright �O 1992 and 2003 by The Amencan Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Intemational 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 37 03 on O6/O5/2014 under Order No 3839379614_1 which expires on 11I08/2014, and is not for resale User Notes: (1162635558) City of Bremerton Bremerton, Washinaton Bremerton Family YMCA Pool Building Upgrade� May 9, 2014 SECTION 005213 AGREEMENT FORM-STIPULATED SUM PART 1- GENERAL 1.1 FORM OF CONTRACT 1.2 The Standard Form ofAgreement Between Owner and Contractor where fhe basis ofpayment is a Stipulated Sum, AIA Document A101-2007, is included BY THIS REFERENCE ONLY; it is not bound in project manual. The Contractor and all subcontractors shall read and be governed by them. 1.3 AVAILABILITY Copies may be obtained from American Institute of Architects, 1735 New York Avenue NW, Washington, D.C. 20006, or local Chapter offices. PART 2 - PRODUCTS 2.1 NOT USED PART 3 - EXECUTION 3.1 NOT USED END OF SECTION 005213 -1 Citv of Bremerton Bremerton, Washinqton Bremerton Family YMCA Pool Building Upgrades May 9, 2014 SECTION 007213 — GENERAL CONDITIONS OF THE CONTRACT PART1-GENERAL 1.1 STANDARD FORM 1.2 The General Conditions of the Contract for Construction, AIA Document A201-2007, is included as part of the Contract BY THIS REFERENCE ONLY; it is not bound in project manual. The Contractor and all subcontractors shall read and be governed by them. 1.3 AVAILABILITY Copies may be obtained from American Institute of Architects, 1735 New York Avenue NW, Washington, D.C. 20006, or local Chapter offices. 1.4 CONFLICTS In event of conflicts in the Contract Documents, including conflicts between referenced General Conditions and other parts of the Project Manual and Drawings, the Architect re- serves the right to determine which governs, and in what order or precedence. See Article 3 of General Conditions and Division 00 Section "Supplemental Conditions". PART 2 - PRODUCTS 2.1 NOT USED PART 3 - EXECUTION 3.1 NOT USED END OF SECTION 007213 -1 Citv of Bremerton Bremerton. Washinaton Bremerton Family YMCA Pool Building Upgrades May 9, 2014 SECTION 007300 - SUPPLEMENTAL CONDITIONS The following supplements modify, change, delete from, or add to the referenced AIA A-201 "General Conditions of the Contract for Construction." Where any article of the General Conditions is Modified or any Paragraph, Subparagraph, or Clause is modified or deleted by Section 007300, the unaltered provisions of that Article, Paragraph, Subparagraph, or Clause remain in effect. Modification to the General Conditions: ARTICLE 1 CONTRACT DOCUMENTS 1.1.1 THE CONTRACT DOCUMENTS Addthefollowing newsubparagraphs 1.1.1.1 and 1.1.1.2: 1.1.1.1 In the event of a conflict or discrepancy among or in the Contract Documents, interpretation shall be governed in the following priority: 1. Agreement (A-101) 2. Supplemental Conditions 3. General Conditions (A-201) 4. Addenda 5. Schedules 6. Drawings 7. Specifications 8. Instructions to Bidders and Accepted Bid 1.1.1.2 In the event of any inconsistencies, conflicts or ambiguities between the Contract Documents, or within an individual document not clarified by addendum, the resolution of such inconsistencies, conflict or ambiguity shall be provided in accordance with the Architect's interpretation. All conflicts are to be referred to the Architect for resolution and incorporation into a Contract Modification, if appropriate. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS Add the following new subparagraphs 1.2.1.1 and 1.2.1.2: 1.2,1.1 Such execution of the Contract also constitutes a representation by the Contractor that it can fully perform the Contract and deal with all issues arising out of the Contract Documents or conditions of the site of the Work for the Contract Amount. The failure of the Contractor fully to acquaint itself with any applicable condition or matter shall not in any way relieve the Contractor from the responsibility for performing the Work in accordance with the Contract Documents and within the Contract Time and the Contract Sum. 1.2.1.2 Contractor to make the following representation to Owner: A. Contractor is financially solvent, able to pay its debts as they mature, and possesses sufficient working capital to complete the Work and perform Contractor's obligations required by the Contract Documents; and B. Contractor is able to furnish the plant, tools, materials, supplies, equipment and labor required to complete the Work and perform the obligations required by the Contract Documents and has sufficient experience and competence to do so. SUPPLEMENTAL CONDITIONS 007300 -1 Citv of Bremerton Bremerton. Washington Bremerton Family YMCA Pool Building Upgrade� May 9, 2014 ARTICLE 2 OWNER 2.1 GENERAL Add fhe following new subparagraphs 2.1.1.1 and 2.1.1.2: 2.1.1.1 The Owner is the City of Bremerton. 2.1.1.2 The Owner shall designate a Project Manager to act on behalf of the Owner. Unless specifically limited by the Owner, the Project Manager shall have, at their discretion, complete authority to transmit instructions, receive information, to interpret and define Owner's policies and decisions with respect to Work, and to approve Construction Change Directives within established budget limits. The Owner shall retain the final decision on acceptance of the contract and approval of any proposed Change Orders or proposed Construction Change Directives except for the limited delegation in this paragraph. Except for the limited approval authority delegated for Construction Change Directives, the Owner shall have the sole authority to authorize any change to the provisions of the contract which the Contractor claims may entitle the Contractor to any time or equitable adjustment or extra compensation. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER Delete subparagraph 2.2.5 and substitute the following: 2.2.5 The Contractor will be furnished free of charge PDF files of Drawings and Project Manuals for the purposes of making reproductions pursuant to Section 1.5.2. Add the following new subparagraphs 2.5 through 2.5.1: 2.5 OWNER'S RIGHT AND RESPONSIBILITES 2.5.1 The Owner will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Owner will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Owner will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portion of the Work. ARTICLE 3 CONTRACTOR 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES Add the following to subparagraph 3.3.1: � - 3.3.1 If the Contractor has any concerns, objections or reservations concerning such specific instructions, the Contractor must raise and resolve such issues with the Architect and the Owner prior to performing such specific instructions. 3.4 LABOR AND MATERIALS Add the following to subparagraph 3.4.3: 3.4.3 At no change to the Contract Sum or Contract Time, the Owner may provide written notice requiring the Contractor to remove from the Work any employee, subcontractor employee, or other person carrying out the Contract whom the Owner reasonably considers objectionable. SUPPLEMENTAL CONDITIONS 007300 - 2 Citv of Bremerton Bremerton, Washinqton Bremerton Family YMCA Pool Building Upgrade� May 9, 2014 Add the following subparagraph 3.4.4 through 3.4.4.6: 3.4.4 PREVAILING WAGES 3.4.4.1 The Washington State Department of Labor and Industries Prevailing Wage Rates are part of the Contract. 3.4.4.2 Washington State Department of Labor and Industries Prevailing Wage Rates which are in effect on the date when the bids by the Prime Contractor are required to be submitted are in effect for this project. It is the Contractor's responsibility to follow the correct edition. 3.4.4.3 No worker may be paid less than the prevailing minimum hourly wage rate established by the State Department of Labor and Industries. Statements of Intent to Pay Prevailing Wages and Affidavits of Wages Paid are required. The Contractor shall fully comply with all current applicable labor laws and regulations, including without limitation RWC Chapters 39.12 (Prevailing Wages); 49.28 (Hours of labor); and 49.70 (Worker Right to Know). 3.4.4.4Any fabricator or manufacturer that produces nonstandard items and is considered by the Department of Labor and Industries as a contractor must comply with all of the requirements of RCW 39.12, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" with the Department of Labor and Industries Industrial Statistician. 3.4.4.5 The Owner reserves the right to perform wage rate interviews and/or require Contractor submission of certified payrolls for all Contractor and Subcontractor personnel. 3.4.4.6 Contractor shall provide Owner with copies of the Intent to Pay Prevailing Wage forms as filed with the State of Washington for the contractor's forces and for all subcontractors. 3.6 TAXES Change subparagraph 3.6 to read: 3.6 The Contractor shall pay all applicable State and Local Sales, Consumer, Use and other similar taxes for Work or portions thereof provided by the Contractor. The Owner shall include these taxes in his payments to the Contractor who shall pay the taxes to the proper authorities in accordance with the applicable laws and regulations governing this project. Sales tax will not be included in bid amount. 3.7 PERiNITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS Delete subparagraph 3.7.1 and substitute the following.� 3.7.1 The Owner shall secure and pay for the Plan Review Fees, Building Permit(s), Demolition Permit(s), Sign Permit(s), Water, Sanitary Sewer, and Storm Sewer Tap/Capacity/General Facility Charges/Permits/Fees, Utility Fees,. L&I Electrical Plan Review Fees,. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of the Contract which are legally required when bids are received. 3.9 SUPERINTENDENT Add the following to subparagraphs 3.9.3: During the construction period should the initial superintendent fall ill, retire, be laid off or terminated employment, the Owner reserves the right to review and accept the replacement as stated above. Add the following subparagraph 3.9.4: 3.9.4 The Superintendent shall remain on the Project whenever Subcontractors are present and not less than eight hours per day, five days a week unless the job is closed down due to a legal holiday, a general strike, conditions beyond the control of the Contractor, termination of the Contract in accordance with the Contract Documents, or Final Completion is attained. SUPPLEMENTAL CONDITIONS 007300 - 3 Citv of Bremerton Bremerton. Washinqton Bremerton Family YMCA Pool Building Upgrade� May 9, 2014 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE Change this enfire paragraph 3.10 to read: 3.10.1 Within (7) calendar days following Notice to Proceed, the Contractor shall submit to the Owner and the Architect for review and comment, three copies of a CPM Schedule in form satisfactory to the Owner for Contractor's construction/erection of the Work. The initial and any revisions of the Project Schedule shall be prepared and submitted in paper form. With each approved monthly payment request, provide an updated Progress Schedule. Not less than 5% (in retention) of Progress Payments to the Contractor may be withheld by the Owner until such initial and updated Progress Schedules have been timely submitted for review by the Owner and the Architect. 3.10.2 The Project Schedule shall consist of a network diagram with activity descriptions and durations and supporting data which will explain the Contractor's planning of the work. Contractor shall provide, if requested by Owner, cost allocation and resource estimates for each activity. 3.10.2.1 The CPM Schedule diagram shall include: (a) The order and interdependence of the Contractor's activities and the major points of the interface or interrelation with the activities of others, including Specific Dates for completion. (b) Conformance with and identification of the Specific Dates specified in the Contract Documents. (c) The descriptions of work by activity. (d) The time required for preparation, and review of shop drawings, mock-ups, manufacturing, and delivery of Contractor-furnished permanent plant materials, especially long lead items. (e) Critical Path (or Paths). (f) Testing of equipment and materials. The CPM Schedule shall provide a complete and detailed sequence of operations of the Work within the time limits specified in the Contract. 3.10.2.2 The identity and duration of all activities to be included in this CPM Schedule shall meet the following criteria: (a) Activity descriptions shall be clear and concise. The beginning and end of each activity shall be readily verifiable. (b) Responsibility for each activity shall be identified with a single performing organization. (c) The identity of any potential problems or constraints related to the implementation of the overall construction plan. 3.10.2.3 A schedule for the purchase of items required for performance of the Work, showing lead items between purchase order placement and delivery dates, shall be integrated with the Progress Schedule upon request of the Owner. The Contractor shall furnish the Architect with copies of all purchase orders and acknowledgements and fabrication, production, and shipping schedules for all major items on the critical path within 10 days of Contractor's receipt of each purchase order, acknowledgment or schedule. Neither the Architect nor the Owner shall be deemed to have approved or accepted any such material, or its schedule, nor deemed to have waived this requirement if some or all of the material is not received. 3.10.3 The CPM Schedule shall indicate an early completion date for the project that is not later than the projecYs required completion date. All activity durations shall be given in calendar days. The CPM Schedule shall also indicate each of the following: (a) Interfaces with the work of outside contractors, e.g., utilities, power, and with any separate contractor. SUPPLEMENTAL CONDITIONS 007300 - 4 Citv of Bremerton Bremerton, Washinqton Bremerton Family YMCA Pool Building Upgrade� May 9, 2014 (b) Descriptions of activity including activity numbers. (c) Estimated duration time foreach activity. (d) Early start date for each activity. (e) Late start date for each activity. (f) Early finish date for each activity. (g) Late finish date for each activity. (h) Float available for each batch of activities containing float. (i) Actual start date for each activity begun. (j) Actual finish date foreach activity completed. (k) Identification of all Critical Path activities in the mathematical analysis. (I) The Critical Path for the project, with aid path of activities being clearly and easily recognizable on the time-scaled CPM Schedule Diagram. The relationship between all non- critical activities and activities on the Critical Path shall be clearly shown on the CPM Schedule Diagram. 3.10.4 It is to be expressly understood and agreed by the Contractor that the schedule is an estimate to be revised from time-to-time as progress proceeds, and that the Owner does not guarantee that Contractor can start work activities on the "early start" or "late start" dates or complete work activities on the "early finish' or "late finish" date shown in the Schedule, or as same may be upgraded or revised; nor does the Owner guarantee that Contractor can proceed at all times in the sequence established by said Schedule. If Contractor's schedule indicates that Owner or separate contractor is to perform an activity by a specific date, or within a certain duration, Owner or any separate contractor under contract with the Owner shall not be bound to said date or duration unless Owner expressly and specifically agrees in writing to same; the Owner's or the ArchitecYs overall review and approval or acceptance of the Schedule does not constitute an agreement to specific dates, durations or sequences for activities of the Owner of any separate contractor. 3.10.5 Should any of the conditions exist such that certain activities shown on the Contractor's CPM Schedule fall behind schedule to the extent that any of the specific dates are in jeopardy, the Contractor shall be required to, at no extra cost to the Owner, prepare and submit to the Owner a supplemental Recovery Schedule, in a form and detail appropriate to the need, to explain and display how he intends to reschedule those activities to regain compliance with the CPM Schedule during the immediately subsequent pay period. 3.10.6 The Contractor shall do the following after determination of the requirement for a Recovery Schedule: (a) Within three (3) calendar days, the Contractor shall submit a Recovery Schedule to the Owner for review. The Recovery Schedule shall be prepared to a similar level of detail as the CPM Schedule and shall have a maximum duration of one (1) month. (b) Any revisions necessary as a result of this review shall be resubmitted by the Contractor with any necessary revisions for acceptance within two (2) calendar days of the review. The approved Recovery Schedule shall then be the Schedule which the Contractor shall use in planning, organizing, directing, coordinating, performing and executing the Work (including all activities of subcontractors, equipment vendors, and suppliers) for its one (1) month duration, to regain compliance with the CPM Schedule. 3.10.7 Should the Contractor, after approval of the initial CPM Schedule desire to change his plan of construction, he shall submit his requested revisions to the Owner including a description of the logic SUPPLEMENTAL CONDITIONS 007300 - 5 Citv of Bremerton Bremerton, Washinqton Bremerton Family YMCA Pool Building Upgrade� May 9, 2014 for rescheduling the work, methods of maintaining adherence to Intermediate Milestones and Specific Dates. The Contractor shall revise his Schedule to include the effect of changes, acts of God or other conditions or events which have affected the CPM Schedule, If the requested changes are acceptable to the Owner, they will be incorporated by the Contractor into the CPM Schedule in the next reporting period. The resultant cost to the Owner for significant changes or a significant number of changes to the CPM Schedule shall be paid for by the Contractor. 3.10.8 When the Owner orders changes by Change Order which have the potential to impact the Contract Milestones or Specific Dates stipulated, a Network will be prepared by the Contractor and provided to the Project Manager. After the Network has been accepted by the Owner, it will be incorporated into the CPM Schedule by the Contractor. 3.10.9 Failure of the Contractor to substantially comply with any of the scheduling requirements of this Contract at no cost to the Owner shall constitute cause that the Contractor is failing to prosecute the Work with such diligence as will insure its completion within the Contract times and shall be considered cause for termination by the Owner, pursuant to Article 14 of the General Conditions; and may also result in the Owner's withholding of Progress Payment(s) until the Contractor complies. 3.10.10 Float time is defined as the amount of time between earliest start date and the latest start date or between the earliest finish date or the latest finish date of a chain of activities on the CPM Schedule. Float time is not for the exclusive use or benefit of either the Contractor of the Owner. Contractor's work shall proceed according to start dates, and the Owner shall have the right to reserve and apportion float time according to the needs of the project. The Contractor acknowledges and agrees that actual delays, affecting paths of activities containing float time, will not have any effect upon Contract Completion times, providing that the actual delay does not exceed the float time associated with those activities. Extensions of time for performance as described in the Contract Documents will be granted only to the extent that time adjustments for the activity or activities affected by any condition or event which entitles the Contractor to a time extension exceeds the total float or slack time along the actual critical path of activities affected at the time of Notice to Proceed of a Change Order or the commencement of any delay, claim or condition for which an adjustment is claimed orwarranted under the Contract Documents. 3.10.11 The Schedule Duration shall be based on the Contract Time of Completion listed on the Bid Form. The Owner shall not be obligated to accept any Early Completion Schedule suggested by the Contractor. The Contract Time for Completion shall establish the Schedule Completion Date. If the Contractor feels that the work can be completed in less than the Specified Contract Time, then the Surplus Time shall be considered Project Float. This Float time shall be shown on the Project Schedule. It shall be available to accommodate changes in the work and unforeseen conditions. Neither the Contractor nor the Owner have exclusive right to this Float Time. It belongs to the project. 3.11 DOCUMENTS AND SAMPLES AT THE SITE Add the following newsubparagraphs 3.11.1 and 3.11.2: 3.11.1 In addition, the Contractor shall keep the approved permit set of plans at the jobsite during construction, in good condition. Prior to final acceptance, the Contractor shall deliver this permit set to the Architect. SUPPLEMENTAL CONDITIONS 007300 - 6 City of Bremerton Bremerton, Washinqton Bremerton Family YMCA Pool Building Upgrades May 9, 2014 3.11.2 Satisfactory maintenance of up-to-date record drawings will be a requirement for approval of monthly Progress Payments. ARTICLE 5 SUBCONTRACTORS 5.3 SUBCONTRACTUAL RELATIONS Add the following new subparagraph: 5.3.1 The Contractor shall schedule, supervise and coordinate the operations of all Subcontractors. No subcontracting of any of the Work shall relieve the Contractor from its responsibility for the performance of the Work in accordance with the Contract Documents or from its responsibility for the performance of any other of its obligations under the Contract Documents. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.2 MUTUAL RESPONSIBILITY Add the following to paragraph: 6.2.1 If the Contractor receives items from a separate contractor or from the Owner for storage, erection or installation, the Contractor shall acknowledge receipt for items delivered, and thereafter will be held responsible for care, storage and any necessary replacement of item or items received. Atsubparagraph 6.2.4, delete the word "wrongfully." ARTICLE 7 CHANGES IN THE WORK 7.2 CHANGE ORDERS Add the following paragraphs 7.2.2 through 7.2.5: 7.2.2 Change proposal disagreements shall be submitted by the Contractor to the Architect in a form satisfactory to the Ownerfor such submittals. The total cost of any change, including a claim shall be limited to the reasonable value thereof, to be determined in the following manner: 7.2.3 ADDITIVE CHANGES: 1 a. Direct Labor Costs: This is defined as the estimated labor costs determined by either the estimated number of craft hours and the hourly costs necessary to perform the change in work; or the unit labor costs necessary to perform the change in work; or the unit labor costs applied to the material quantities, provided said unit labor costs are developed from the above craft man hour cost; whichever is applicable, according to industry practice. The hourly cost shall be based on the following: 1. Basic Wages: Current minimum prevailing hourly wage rates, including vacation pay, for all labor, crew foreman, and general foreman perForming and/or directly supervising the work on site. These rates, whichever are applicable, are established by the State of Washington, Department of Labor and Industries. 2. Fringe Benefits: Fringe benefits established by the State of Washington, Department of Laborand Industries or contributed to labor trust funds as itemized fringe benefits, whichever is applicable. SUPPLEMENTAL CONDITIONS 007300 - 7 Citv of Bremerton Bremerton. Washinqton Bremerton Family YMCA Pool Building Upgrade� May 9, 2014 1 b. 1c 3. Worker's Insurance: Direct contributions to the State of Washington as Industrial Insurance; Medical Aid; and Supplemental Pension, by the class and rates established by the State of Washington, Department of Labor and Industries. 4. Federal Insurance's: Direct contributions required by the Federal Insurance Compensation Act (FICA); Federal Unemployment Tax Act (FUTA); and the State Unemployment Compensation Act (SUCA). 5. Costs incurred by the Washington Industrial Safety and Health Act (WISHA); established as 2% of 1, 2, 3, and 4 above. 6. Travel allowances and/or subsistence if applicable not to exceed those established by Regional Labor Union Agreements shall be itemized and identified separately. Direct Material Costs: This is defined as an itemization of the estimated quantity of materials necessary to perform the change in the work and the cost thereof. These costs shall be by the unit cost applied to the quantity and extended. The unit costs shall be based on the following: 1. The net costs after all offered or available discounts or rebates. 2. Freight costs; express charges; or special delivery costs when applicable. No lump sum costs will be allowed except when approved in advance by the Architect Construction Equipment Usage Costs: 1. Rental Equipment: This is defined as an itemization of and the estimated length of time construction equipment will be used on change order work at the site. The rental costs applied thereof will be the rates established by the following whichever is applicable: a) The current hourly rental rates established by agreement between the Associated General Contractors (AGC) and Washington State Department of Highways. b) The current rental rates established by the State of Washington, utilities and Transportation Commission for trucks used on highways. c) The current rental rates established by the National Electrical Contractor's Association (NECA) forequipment used on electrical work. d) The current rental rates established by the mechanical Contractor's Association for equipment used on mechanical �work. e) If equipment is required forwhich a rental rate is not established in any of the above, an agreed rental rate shall be established for that equipment. Such rates and the use of the equipment on the work must be approved by the Architect prior to performing the work. fl The rates in effect at the time of performance of the work are the maximum rates allowable for equipment of modern design and in good working condition and include full compensation forfurnishing all fuel, oil, lubrication, repairs, maintenance, and insurance. 2. Small Tools, Expendable and Consumable Supplies: a) These are general in nature and are defined astools forwhich the initial purchase price is under $250 and are normally furnished by the performing contractor. b) The allowable rate for small tools will be: - General Contractors, 3% direct labor costs - Specialry Contractors, 5% direct labor costs c) Expendable and consumable supplies directly associated with the change in work to be itemized. 1 d. Subcontractor Proposals: Subcontractors' proposals are to be itemized as in 1 a, 1 b, and 1 c above. SUPPLEMENTAL CONDITIONS 007300 - 8 Citv of Bremerton Bremerton, Washinqton Bremerton Family YMCA Pool Building Upgrades May 9, 2014 1 e. Overhead and Profit by the Contractor Actually Performing the Work: A total amount, not to exceed 10% of items 1 a, 1 b, and 1 c above will be allowed. This is to compensate such contractor for all personnel not defined in 1 a above; temporary construction facilities; home office costs; office architecting and estimating costs; profit, and any other cost incidental to the perFormance of the change in work. 1f. Overhead and Profit by the Contractor and Subcontractor when Subcontractor actually perForms the Work: 1. A total amount not to exceed 8% of the total amount of subcontractors proposal as defined in 1 d above will be allowed to the Contractor for all overhead and profit to supervise and administer the subcontractors actually performing the change in the work. The Subcontractor doing the work will be allowed no more than 10%. Lower tier sub-subcontractors will be allowed no more than 7%. 2. No direct costs of the Contractor will be allowed to be added to a subcontractor's proposal. Contractor's direct cost, if required, must be submitted as outlined in 1 a, 1 b, 1cand 1g. 1 g. Cost of Any Increase or Decrease in Premium for Insurance and Bond Caused by the Change: 1. Contractor's Liability Insurance: To the above, the costs of the Contractor's Liability Insurance may be increased or decreased. 2. Bond: To the above, the cost of the Contractor's Bond may be increased or decreased. 7.2.4 DEDUCTIVE CHANGES 2a. Items 1 a(labor), 1 b(material), 1 c(equipment), 1 d(subcontractor), 1 e(overhead and profit, Contractor), 1f (overhead and profit, subcontractor), 1g (insurance and bond) will be itemized for deleted changes in the work. 7.2.5 ADDITIVE CHANGES AND DEDUCTIVE CHANGES TOGETHER 3a. If a change in the work involves both additive and deductive changes, the appropriate overhead and profit amount allowed will be added to the net difference of items 1 a, 1 b, 1 c, and 1 d. 3b. If other additive unrelated changed items are included in the same change proposal, the appropriate overhead and profit allowed is to be applied to these individual change items. ARTICLE 8 TIME 8.2 PROGRESS AND COMPLETION Add the following new subparagraphs 8.2.4 and 8.2.5: 8.2.4 The Contractor shall furnish such manpower, materials, facilities, and equipment and shall work such hours, including night shifts, overtime operations and Sundays and holidays, as may be necessary to insure the progress and completion of the Work in accordance with the approved and currently updated Progress Schedule. If work actually in place falls behind the currently updated and approved Progress Schedule and it becomes apparent from the current schedule that the Work will not be completed within the Contract Time, the Contractor agrees that he will, as necessary, take some or all of the following actions at no additional cost to the Owner, as required to substantially eliminate tardiness of Work: 1. Increase the manpower in such quantities and crafts as will substantially eliminate, in the opinion of the Owner, the backlog of Work. SUPPLEMENTAL CONDITIONS 007300 - 9 Citv of Bremerton Bremerton, Washinqton Bremerton Family YMCA Pool Building Upgrade� May 9, 2014 2. Increase the number of working hours per shift, shifts per working day, working days per week, or the amount of equipment, or any combination of the foregoing sufficiently to substantially eliminate, in the opinion of the Owner, the backlog of Work; and 3. Reschedule activities to achieve maximum practical concurrency of accomplishment of activities. 8.2.5 The Contractor and Owner acknowledge and contemplate that delay in substantial completion and final completion will cause the Owner substantial damages which are difficult to determine precisely. To the extent the Owner is unable to beneficially occupy each of the facilities which are the subject of this Contract, the Owner is expected to experience damages and costs including but not limited to the following: Loss of use of the facility; the costs of delayed move-in and the disruption of Owner activities and schedule; and rescheduling and shift changes to paid personnel. The parties therefore agree that the following sums of liquidated damages shall be paid to the Owner (or the Owner may withhold payments otherwise due to the Contractor) in liquidation of these difficult to measure damages and/or delay costs reasonably anticipated as a result of delays beyond the dates as established in the Contract, as they may be extended by agreement of the parties by change order during the course of the project: SUBSTANTIAL COMPLETION: Foreach calendar day after the date fixed for Substantial Completion and until Substantial Completion of the facilities, the Contractor shall pay the Owner the sum of One- thousand ($1,000.00). The Owner shall not be required to accept Substantial Completion of anything less than the entirety of the project but shall have the option to do so. This sum is to be fixed, agreed, liquidated damages and not to be construed as in any sense a penalty. FINAL COMPLETION: Actual damages will be assessed for failure to achieve Final Completion within 14 days after Substantial Completion. Actual damages will be calculated on the basis of direct architectural, administrative, and other related costs attributed to the Projectfrom the date when Final Completion should have been achieved, to the date Final Completion is actually achieved. Owner may offset these costs against any payment due to the Contractor by reduction in retainage. 8.3 DELAYS AND EXTENSIONS OF TIME Change subparagraph 8.3.3 to read: 8.3.3 Except as provided in this subparagraph, the Contractor's sole remedy for delays shall be an extension of time. Except for unreasonable delays in performance caused by the acts or omissions of the Owner, the Contractor shall not be entitled to damages, extra compensation or equitable adjustment for direct, indirect or impact damages for delay, including but not limited to cost of acceleration, home office overhead or lost profits. All claims for damages or extensions of time are subject to the requirements of Article 15. In the event the Contractor is entitled to damages from the Owner for delay, it is agreed that the Contractor's sole damages for each day of delay shall be limited to the daily liquidated damage rate provided for the Owner in subparagraph 8.2.5 above. ARTICLE 9 PAYMENT AND COMPLETION 9.3 APPLICATIONS FOR PAYMENT Add the following new subparagraph: 9.3.1.3 Until Substantial Completion, the Owner shall pay 95 percent of the amount due the Contractor on account of progress payments. Add the following new subparagraph: SUPPLEMENTAL CONDITIONS 007300 -10 Citv of Bremerton Bremerton, Washinqton Bremerton Family YMCA Pool Building Upgrade� May 9, 2014 9.3.4 If authorized by the Owner, the Application for Payment may include request for payment for material delivered to the Project site and suitably stored, or for completed preparatory work. Payment may similarly be requested, subject to Owner's approval, for material stored off the Project site, provided the Contractor complies with or furnishes satisfactory evidence of the following: 1. The material will be placed in a warehouse that is structurally sound, dry, lighted and suitable for the materials to be stored; 2. The warehouse is located within a 25-mile radius of the project. Other locations may be utilized, if approved in writing, by Owner; 3. Only materials for the Project are stored within the warehouse (or a secure portion of a warehouse set aside for the Project); 4. Contractor furnishes Owner a certificate of insurance extending Contractor's insurance coverage for damage, fire, and theft to cover the full value of all materials stored, or in transit; 5. The warehouse (or secure portion thereo� is continuously under lock and key, and only Contractor's authorized personnel shall have access; 6. Owner shall at all times have the right of access in company of the Contractor; 7. Contractor and its surety assume total responsibility for the stored materials; and 8. Contractor furnishes to Owner certified lists of materials stored, bills of lading, invoices, and other information as may be required, and shall also furnish notice to owner when materials are moved from storage to the Project site. 9.5 DECISIONS TO WITHHOLD CERTIFICATION Add the following to subparagraph 9.5.1: The Architect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or part of a Certificate for Payment previously issued, or the Owner may refuse to process an application for payment to such extent as may be necessary in the Owner's or Architect's opinion to protect the Owner from �oss because of: Add the following new subparagraphs 9.5.1.8 through 9.5.1.12: 9.5.1.8 Unsatisfactory prosecution of the Work by the Contractor, including but not limited to failure to carry out the Work in accordance with the Contract Documents. 9.5.1.9 Failure or refusal of the Contractor to fully comply with requirements in the Contract Documents for preparation and submission of scheduling of the Work and updates thereof, or failure to present statements of Intents or Affidavits pertaining to prevailing wages paid as may be required by statue. 9.5.1.10 Liquidated damages. 9.5.1.11 Failure to provide adequate security measures to protect materials stored on site for which the Contractor is seeking payment for. 9.5.1.12 Failure to provide evidence that the performance and payment bonds have been increased to equal the sum of Change Orders. 9.6 PROGRESS PAYMENTS Add the following new subparagraphs 9.6.8 through 9.6.13:may be established by the Contractor in a financial institution chosen by the Contractor and approved by the Owner. SUPPLEMENTAL CONDITIONS 007300 -11 Citv of Bremerton Bremerton, Washinaton Bremerton Family YMCA Pool Building Upgrades May 9, 2014 9.6.8 Upon Commencement of the Work and at the option of the Contractor, an escrow account 9.6.9 The escrow agreement shall provide that the financial institution will act as escrow agent, will pay interest on funds deposited in such account in accordance with the provisions of the escrow agreement and will disburse funds from the account upon the direction of the Owner as set forth below. Compensation to the escrow agent for establishing and maintaining the escrow account shall be paid from interest accrued in the escrow account. 9.6.10 As each progress payment is made, the retainage with respect to that payment shall be deposited by the Owner in the escrow account. 9.6.11 The interest earned on funds in the account shall accrue for the benefit of the Contractor until the substantial completion date named in the Construction Contract or the expiration of any authorized extension of such date. Interest earned after such date shall accrue for the benefit of the Owner. Cost of compensation to the escrow agent paid out of interest earned shall be borne by the Contractor. 9.6.12 When the Contractor has fulfilled all of the requirements of the Contract providing for reduction of retained funds, the escrow agent shall release to the Contractor one-half of the accrued funds but none of the interest thereon. When the Work has been fully completed in a satisfactory manner and the Architect has issued a final Certificate for Payment, the escrow agent shall pay to the Contractor the full amount of funds remaining in the account, including net balance of the interest paid to the account, but less any interest that may have accrued for the benefit of the Owner, which shall be paid to the Owner. 9,6.13 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor, the escrow agent shall make payment to the Contractor as provided in Subparagraph 9.10.3 9.8 SUBSTANTIAL COMPLETION Change subparagraph 9.8.1 to read: 9.8.1 Substantial Completion is the stage in the progress of the Work (or portion thereof designated and approved by the Architect and Owner) when the construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can fully occupy under necessary permits the Work (or portion thereof designated by the Owner) for the use for which it is intended. All Work other than incidental corrective or punch list work and final cleaning shall have been completed. Add the following new subparagraph: 9.8.6 The acceptance of Substantial Completion payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the application for payment for the Substantial Completion payment, and except for the Contract Sums due at Final Acceptance. 9.10 FINAL COMPLETION AND FINAL PAYMENT Add the following to this subparagraph 9.10.1: SUPPLEMENTAL CONDITIONS 007300 -12 Citv of Bremerton Bremerton, Washinaton Bremerton Family YMCA Pool Building Upgrades May 9, 2014 The Architect's final Certificate of Payment shall establish the date of Final Completion. If the Contractor notifies the Architect that the punch list items are completed and requests an inspection to determine compliance, and the Architect determines that some or all the punch list items are not completed, the Contractor shall be responsible to the Owner for all costs, including Architect's fees, for any future Architect's inspections after the first inspection to determine subsequent compliance with the punch list. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.2 SAFETY OF PERSONS AND PROPERTY Add the following new subparagraph 10.2.8: 10.2.8 At all times until final acceptance of the Work, the Contractor shall protect from damage, weather, deterioration, theft, vandalism, and, malicious mischief all materials, equipment, tools, and other items incorporated or to be incorporated in the Work, or consumed or used in the performance of the Work, and all Work in process and completed Work. Replace paragraph 10.3.3, 10.3.5, and 10.3.6 with 10.3.3a and 10.3.3b: 10.3.3a To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, its officers, officials, employees, agents and volunteers against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itselfl, except to the extent that such damage, loss orexpense is due to the fault or negligence of the party seeking indemnity. 10.3.3b To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractor, agents and employees against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. ARTICLE 11 INSURANCE 11.1 CONTRACTOR'S LIABILITY INSURANCE Add the following new subparagraphs 11.1.1.9 and 11.1.1.10: 11.1.1.9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: SUPPLEMENTAL CONDITIONS 007300 -13 Citv of Bremerton Bremerton. Washinqton Bremerton Family YMCA Pool Building Upgrades May 9, 2014 Premises operations (including X, C and U coverage's as applicable). 2. Independent Contractors' Protective. 3. Products and Completed Operations. 4. Personal Injury Liability with Employment Exclusion deleted. 5. Contractua{, including specified provision for Contractor's obligation under Paragraph 3.18. 6. Owned, non-owned and hired motor vehicles. 7. Broad Form Property Damage including Completed Operations. 11.1.1.10 If the General Liability coverage's are provided by a Commercial General Liability Policy on a claims-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 Subparagraph 9.10.2. Add the following subparagraph 11.1.2.1: 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Worker's Compensation: a. State: b. Applicable Federal: c. Employer's Liability Statutory Statutory $100,000 per Accident 2. Comprehensive orCommercial General Liability (including Premises-operations; Independent Contractors' Protective; Products and Completed Operations; Broad Form Property Damage): a. Bodily Injury: $1,000,000 Each Occurrence $2,000,000 Aggregate b. Property Damage: $1,000,000 Each Occurrence $2, 000, 000 Agg regate c. Products and Completed Operations to be maintained for a minimum period of 3 years after final payment. d. Property Damage Liability insurance shall provide Explosion, Collapse, and Underground coverage. e. Broad Form Property Damage Coverage shall include Completed Operations. 3 4. 5. Contractual Liability: a. Bodily Injury: $1,000,000 Each Occurrence $2,000,000 Aggregate b. Property Damage: $1,000,000 Each Occurrence $2,000,000 Aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 Aggregate Business Auto Liability (including owned, non-owned and hired vehicles): a. Bodily Injury: SUPPLEMENTAL CONDITIONS 007300 -14 Citv of Bremerton Bremerton. Washinqton Bremerton Family YMCA Pool Building Upgrades May 9, 2014 $1,000,000 $1,000,000 b. Property Damage: $1,000,000 Each Person Each Occurrence Each Occurrence �-.----�------------------- -----------------.._-----, �Add the following subparagraphs 11.1.3_1 through_11_ 9.3_5:� 11.1.3.1 The certificate of insurance shall name the Owner as "Additional Insured." Certificate is required at time contract is signed. 11.1.3.2 The Contractor shall provide an original of the executed insurance policy Endorsement to the Owner prior to commencement of the work. 11.1.3.3 Upon request of the Owner, the Contractor shall provide complete, certified copies of all required insurance policies. _ _ - ---- ------- — -- ---- -- --- --- ----- ----- _ . .. - ---------- ---- — -- -- ;11.1.3.4 All insurance policies except Workers' Compensation shall specify that the; > .- __._ insurance provided by the Contractor will be primary and non-contributory to_any other_ �insurance available to the Owner.� �..----�-------- -- --------._._. --- ------ -- -------- ------_.. _.-------------- -- --- --, :11.1.3.5 To the extent allowed by law, the Contractor agrees to waive all rights of � subrogation to recover damages caused by any claim arising from Work performed by or on � �behalf of the Contractor under the Contract covered by insurance obtained pursuant to this� Section 11.1. _Endorsements shall be provided_with certificates of insurance: 11.3 PROPERTY INSURANCE Paragraph 11.3.1 in the first sentence change from "the Owner shall purchase and maintain..." to read "the Contractor shall purchase and maintain..." Delete subparagragh 11.3.1.2. Paragraph 11.3.1.3 in the first sentence change from "the Owner shall pay" to read "the Contractor shall pay... Paragraph 11.3.2 in the first senfence change from "the Owner shall purchase and maintain..." to read "the Contractor shall purchase and maintain..." Delete paragraph 11.3.3. Delete paragraphs 11.3.4 and 11.3.5 and replace with the following: 11.3.4 All insurance policies except Workers' Compensation shall specify that the insurance provided by the Contractor will be primary and non-contributory to any other insurance available to the Owner. 11.3.5 To the extent allowed by law, the Contractor agrees to waive all rights of subrogation to recover damages caused by any claim arising from Work performed by or on behalf of the Contractor under the Contract covered by insurance obtained pursuant to this Section 11.1. Endorsements shall be provided with certificates of insurance. SUPPLEMENTAL CONDITIONS 007300 -15 Citv of Bremerton Bremerton, Washinaton Bremerton Family YMCA Pool Building Upgrade� May 9, 2014 Delete Paragraph 11.3.6 and substitute the following: 11.3.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Owner. Delete paragraphs 11.3.8, 11.3.9, and 11.3.10 in their entirety. 11.4 PERFORMANCE AND PAYMENT BONDS Delete Subparagraph 11.4.1 and su6stitute the following: 11.4.1 The Contractor shall provide bonds covering faithful perFormance of the Contract and payment of obligations arising thereunder. Bonds may be obtained through the Contractor's usual source and the cost thereof shall be included in the Contract Sum. The amount of each bond shall be equal 100 percent of the Contract Sum including all change orders and sales tax. Add the following new subparagraphs: 11.4.1.1 The Contractor shall deliver the required bonds to the Owner no later than ten days following the Notice of Award and shall also be submitted with the signed and executed contract. 11.4.1.2 Bonds shall be obtained from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR part 223. 11.4.1.3 Provide bonds executed by surety company or companies authorized to transact business in State in which the project is being constructed. Required form: PerFormance Bond and Payment Bond AIA-A312, March 1984. Bonding company as approved by Owner. 11.4.1.4 Provide originals of the executed bonds to the Owner, complete with original ink signatures and original stamps/embossing. 11.4.1.5 Provide proof of bond rider adjustments in the bond sum for Change Orders in conjunction with requests for progress payments. Add the following paragraph 11.5: 11.5 INDEMNITY AND HOLD HARMLESS 11.5.1 The Contractor agrees to defend, indemnify and save harmless the Owner, Architect, and their agents, and employees against any and all loss, damage, liability, claims, demands or costs resulting from injury or harm to persons or property (including, with limitation, the Contractor's employees or property) arising out of or in any way connected with Contractor's perFormance hereof, excepting only such injury or harm as may have been caused solely by the fault or negligence of the Owner, Architect, and their agents, and employees, and shall be deemed to include those of subcontractors. 11.5.1.1 The Owner's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. SUPPLEMENTAL CONDITIONS 007300 -16 Citv of Bremerton Bremerton. Washinqton Bremerton Family YMCA Pool Building Upgrades May 9, 2014 11.5.1.2 Should a court of competent jurisdiction determinethat this agreement is subjectto RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Owner, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. 11.5.2 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 11.5.3 The provisions of Section 11.5 shall survive the expiration ortermination of this Agreement. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.5 TESTS AND INSPECTIONS Add the following new subparagraph: 13.5.7 No acceptance by the Owner of any Work shall be construed to result from any inspection, tests or failures to inspect by the Owner, the Owner's representative, the Architect or any other person. No inspection, test, failure to inspect or test, or failure to discover any defect or non- conformity by the Owner, the Owner's representative, the Architect or any other person shall relieve the Contractor of its responsibility for meeting the requirements of the Contract Documents or impair the Owner's right to reject defective or nonconforming items or right to avail itself of any other remedy to which the Owner may be entitled, notwithstanding the Owner's knowledge of the defect or nonconformity, its substantially or the ease of discovery. Paragraph 13.7, Time Limit on Claims: in the first sentence, delete ". ..but in any case not more than 10 years after the date of Substantial Completion of the Work." Add the following new paragraphs 13.8 through 13.8.1.2: 13.8 EQUAL OPPORTUNITY 13.8.1 The Contractor shall maintain policies of employment as follows: 13.8.1.1 The Contractor and the Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sexual orientation, marital status, physical and mental disabilities, or national origin. The Contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sexual orientation, marital status, physical and mental disabilities, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. 13.8.1.2 The Contractor and the Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sexual orientation, SUPPLEMENTAL CONDITIONS 007300 -17 Citv of Bremerton Bremerton, Washinqton Bremerton Family YMCA Pool Building Upgrade� May 9, 2014 marital status, physical and mental disabilities, or national origin. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.2 TERMINATION BYTHEOWNERFORCAUSE Change subparagraph 14.2.1 to read: 14.2.1 The Owner may, upon seven days' written notice to the Contractor, terminate (without prejudice to any right or remedy of the Owner) the whole or any portion of the Work for cause, including the following circumstances: 1. the Contractor fails to prosecute the Work or any portion thereof with sufficient diligence to ensure the Substantial Completion of the Work within the Contract Time; 2. the Contractor is in material default of any provision of the Contract; 3. the Contractor is adjudged bankrupt, makes a general assignmentfor the benefit of its creditors, or if a receiver is appointed on account of its insolvency; 4. the Contractor fails to supply a sufficient number of properly skilled workers or proper materials; 5. the Contractor fails to make prompt payment due to Subcontractors or for materials or labor; 6. the Contractor disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; or 7. the Contractor materially breaches any provision of the Contract Documents. Add fhe following new subparagraph: 14.2.5 If the Owner terminates in whole or part the Work pursuant to paragraph 14.2, the Owner may procure, upon such terms and in such manner as it deems appropriate, supplies or services similar to those terminated, and the Contractor shall be liable to the Owner for any excess costs for such similar supplies or services. The Contractor shall continue to perform of this Contract to the extent not terminated hereunder. ARTICLE 15 ADMINISTRATION OF THE CONTRACT Delete A►ticle 15 in its entirety and replace with the following: 15.1 CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only ifl no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information setforth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. WITHIN THE TIME ALLOUVED FROM THE FACTS OR EVENTS Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. SUPPLEMENTAL CONDITIONS 007300 -18 Citv of Bremerton Bremerton, Washinqton Bremerton Family YMCA Pool Building Upgrade� May 9, 2014 15.2 GOVERNING LAW. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. 15.3 ATTORNEY'S FEES. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, however, nothing in this subsection shall limit the City's right to indemnification under Section 11.5 pf the Supplemental Conditions herein. 15.4 WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. END OF SECTION SUPPLEMENTAL CONDITIONS 007300 -19 ACOIz�® DATE(MM/DD/YYYY) 411.----- 'R CERTIFICATE OF LIABILITY INSURANCE 05/16/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kathy Howland Bell Anderson Agency,Inc. PHONE (425)291-5200 FAX 600 SW 39th St,Suite 200 RECEIVEDE-MAILE#): ADDRESS (A/C,No): (425)291-5100 S: kathyh@bell-anderson.com 2019 INSURER(S)AFFORDING COVERAGE NAIC# Renton MAY 2 4 WA 98057 INSORERA: Developers Surety&Indemnity Company INSURED INSURER B: Ohio Security Insurance Company 24082 D P Wain Construction,Inc. c.- of Navigators SpecialtyInsurance Company 36056CINSURER c: PO Box 3771 Risk Management Mutual Of Enumclaw Insurance Co 14761 INSURER D: INSURER E: UCPM Environmental Insurance Silverdale WA 98383 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1951634933 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBW POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGETO RENTED 100,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 A BIS0001121809 05/17/2019 05/17/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY X POT LOC 00000PRODUCTSCOMP/OPAGG $ , OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED BAS59860682 05/17/2019 05/17/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 C X EXCESS LIAB CLAIMS-MADE NY19EXCNO062301 05/17/2019 05/17/2020 AGGREGATE $ 2,000,000 DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER D ANY PROPRIETOR/PARTNER/EXECUTIVE N/A CPP002498400(WA Stop Gap) 05/17/2019 05/17/2020 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Each Occurrence $5,000,000 Pollution Liability E SF18ECP00O25ZIC 04/24/2019 05/17/2020 Aggregate $10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Jarstad Aquatic Center Pool Upgrades The certificate holder is additional insured per the attached endorsement#ID0037 0413. Waiver of subrogation per the attached endorsement#ID0037 0413. Primary&non-contributory coverage per the attached endorsement#ID0037 0413. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345-6th St,Suite 100 AUTHORIZED REPRESENTATIVE Bremerton WA 98337 "4.1:/„.... ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD