HomeMy WebLinkAbout008100 - SUPPLEMENTARY conditionsCity of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 1 of 15
SECTION 008100
SUPPLEMENTARY CONDITIONS
GENERAL
SUPPLEMENTARY CONDITIONS:
The following supplements modify the "General Conditions of the Contract for Construction," AIA
Document A201-1997. Where a portion of the General Conditions is modified or deleted by these
Supplementary Conditions, the unaltered provisions of the General Conditions shall remain in effect.
ARTICLE 1- GENERAL PROVISIONS
1.1 Basic Definitions
Add Clause 1.2.1.1 to Subparagraph 1.2.1:
1.2.1.1 In the event of conflicts or discrepancies among the Contract Documents, interpretations will be
based on the following priorities:
1. The Agreement.
2. Addenda, with those of later date having precedence over those of earlier date.
3. The Supplementary Conditions.
4. The General Conditions of the contract for Construction.
5. Division 1 of the Specifications.
6. Drawings and Divisions 2-16 of the Specifications.
In the case of conflicts or discrepancies between Drawings and Divisions 2-16 of the
Specifications or within either Document not clarified by Addendum, the Architect will
determine which takes precedence in accordance with Subparagraph 4.2.11.
Add the following Subparagraph 1.6.2 to Paragraph 1.6:
1.6.2 Contractor’s Use of Instruments of Service in Electronic Form.
1.6.2.1 The Architect may, with the concurrence of the Owner, furnish to the contractor versions of
drawings in electronic form. The Contract Documents executed or identified in accordance with
Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made
through electronic operation involving computers.
City of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 2 of 15
Add the following Paragraph 1.7 to Article 1:
1.7 Representatives of the Owner, Contractor and Architect shall meet weekly for the purpose of
establishing procedures to facilitate cooperation, communication and timely responses among the
participants. By participating in this arrangement, the parties do not intend to create additional
contractual obligations or modify the legal relationships, which may otherwise exist.
ARTICLE 2 - OWNER
Add the following new subparagraphs 2.1.3 through 2.1.5:
2.1.3 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 instruction, 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.
2.1.4 The Architect shall have authority on behalf of the Owner to condemn or reject Work when, in
the Architect’s opinion the Work does not conform to the Contract Documents. Whenever in the
Architect’s reasonable opinion it is considered necessary or advisable to insure the proper
implementation of the intent of the Contract Documents, the Architect shall have the authority to
require special inspection or testing of any Work in accordance with the provisions of the
Contract Documents whether or not such Work be then fabricated, installed, or completed.
2.1.5 The Owner’s designated Project Manager referred to in paragraph 2.1.3 above shall have only
that authority stated above. The presence on site of the Owner’s designated Project Manager, or
any other employee or officer of the Owner shall not imply any authority by such person to direct
any work or make approvals or acceptances except as specifically delegated in this contract or as
adopted by formal action of the Owner and communicated in writing to the Contractor. The
presence of such persons on the site and his/her observations, knowledge and/or statements shall
not create any apparent authority. No act or omission, statement or silence by such person on site
shall waive any requirement of this contract, constitute acceptance or approval by the Owner, or
waive any requirement of written notice. No such Project Manager or other Owner employee or
officer shall have authority to direct the manner or means by which the Contractor carries out the
Work, to direct or approve safety measures of the Contractor, or to direct any extra work except
the Project Manager by the written Construction Change Directive procedure and within the
limited authority herein provided. The presence on site of such persons shall in no way derogate
from the authority of the Architect, nor shall it alter the contractually specified procedures for
communication through the Architect.
City of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 3 of 15
Delete Subparagraph 2.2.5 and substitute the following:
2.2.5 The Contractor will be furnished, free of charge, 10 copies of Drawings and Project Manuals.
Additional sets will be furnished at the cost of reproduction, postage and handling.
Add Subparagraph 2.2.6 to Paragraph 2.2:
2.2.6 The Owner will procure and bear costs of structural tests and special inspections as required by
the applicable building code.
Add new paragraph 2.5 and the following new subparagraph 2.5.1:
2.5 OWNER’S RIGHT AND RESPONSIBILITIES:
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
Add the following Subparagraph 3.2.4 to Paragraph 3.2:
3.2.4 The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for
the Architect to evaluate and respond to the contractor’s requests for information, where such
information was available to the contractor from a careful study and comparison of the Contract
Documents, field conditions, other Owner-provided information, Contractor-prepared
coordination drawings, or prior Project correspondence or documentation.
Add the following to subparagraph 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.
Delete Subparagraph 3.4.2 and substitute the following:
3.4.2 After the contract has been executed, The Owner and Architect will consider a formal request for
the substitution of products in place of those specified only under the conditions set forth in the
general Requirements (Division 1 of the Specifications). By making requests for substitutions, the
Contractor:
City of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 4 of 15
.1 represents that the Contractor has personally investigated the proposed substitute product and
determined that it is equal or superior in all respects to that specified;
.2 represents that the contractor will provide the same warranty for the substitution that the
Contractor would for that specified;
.3 certifies that the cost data presented is complete and includes all related costs under this
Contract except the Architect’s redesign costs, and waives all claims for additional costs related
to the substitution which subsequently become apparent; and
.4 will coordinate the installation of the accepted substitute, making such changes as may be
required for the work to be complete in all respects.
Add the following Subparagraph 3.4.4 to Paragraph 3.4:
3.4.4 The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect to
evaluate the Contractor’s proposed substitutions and to make agreed upon changes in the
Drawings and Specifications made necessary by the Owner’s acceptance of such substitutions.
3.4.4.1 The Washington State Department of Labor and Industries Prevailing Wage Rates are
part of the Contract. Copies of the Washington State Department of Labor and Industries
Prevailing Wage Rates are bound in the Project Manual for reference and convenience
only.
3.4.4.2 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).
3.4.4.3 The Owner reserves the right to perform wage rate interviews and/or require Contractor
submission of certified payrolls for all Contractor and Subcontractor personnel.
Change subparagraph 3.6.1 to read:
3.6.1 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 including City of Port
Townsend B&O tax. Sales tax will not be included in bid amount.
Add the following two sentences to Subparagraph 3.7.1:
3.7.1 Delete reference to building permit only. The owner will purchase and pay for the building
permit. All other permits including mechanical and electrical permits will be the responsibility of
this contractor.
City of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 5 of 15
The Owner shall pay fees for public or private water, gas, electrical, and other utility extensions
at the site. The Contractor shall secure and arrange for all necessary utility connections.
3.8.2.2 Delete the semicolon at the end of Clause 3.8.2.2 and add the following:, except that if
installation is included as part of an allowance in Divisions 1-16 of the Specifications, the
installation and labor cost for greater or lesser quantities of Work shall be determined in
accordance with Subparagraph 7.3.6;
Add the following Subparagraph 3.9.2 to 3.9
3.9.2 The Contractor shall employ a superintendent or an assistant to the superintendent who will
perform as a coordinator for mechanical and electrical Work. The coordinator shall be
knowledgeable in mechanical and electrical systems and capable or reading, interpreting and
coordinating Drawings, Specifications, and shop drawings pertaining to such systems. The
coordinator shall assist the Subcontractors in arranging space conditions to eliminate interference
between the mechanical and electrical systems and other Work and shall supervise the
preparation of coordination drawings documenting the spatial arrangements for such systems
within restricted spaces. The coordinator shall assist in planning and expediting the proper
sequence of delivery of mechanical and electrical equipment to the site.
Add new subparagraph 3.10.4 and 3.10.5:
3.10.4 The Schedule shall include the order and interdependence of the Contractor’s activities, including
Specific Dates for completion and specific dates or milestones showing expected building permit
inspections per the building permit schedule of required inspections and critical paths.
3.10.5 Float time is defined as the amount of time between earliest start date and the latest start date or
between the earliest finish date and the latest finish date of a chain of activities on the Schedule.
Float time is not for the exclusive use or benefit of either the Contractor or 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 or a Change Order or the commencement of any delay, claim or
condition for which an adjustment is claimed or warranted under the Contract Documents.
Add the following new subparagraphs 3.11.2 and 3.11.3:
3.11.2 In addition, the Contractor shall keep the approved permit set of plans at the jobsite during
construction, in good condition. Just prior to final acceptance, the Contractor shall deliver this
permit set to the Architect or Owner.
City of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 6 of 15
3.11.3 Satisfactory maintenance of up-to-date record drawings will be a requirement for approval of
monthly Progress Payments.
Add the following Clause 3.12.1.1 to Subparagraph 3.12.1:
3.12.11 The Architect’s review of Contractor’s submittals will be limited to examination of an initial
submittal and one (1) resubmittal. The Architect’s review of additional submittals will be made
only with the consent of the Owner after notification by the Architect. The Owner shall be
entitled to deduct from the Contract Sum amounts paid to the Architect for evaluation of such
additional resubmittals.
ARTICLE 4
Add Clause 4.2.2.1 to Subparagraph 4.2.1:
4.2.2.1 The Contractor shall reimburse the Owner for compensation paid to the Architect for additional
site visits made necessary by the fault, neglect or request of the Contractor.
Add the following Clauses 4.3.7.3 and 4.3.7.4 to Subparagraph 4.3.7:
4.3.7.3 Claims for increase in the Contract Time shall set forth in detail the circumstances that form the
basis for the Claim, the date upon which each cause of delay began to affect the progress of the
Work, the date upon which each cause of delay ceased to affect the progress of the Work and the
number of days’ increase in the contract Time claimed as a consequence of each such cause of
delay. The Contractor shall provide such supporting documentation as the Owner may require
including, where appropriate, a revised construction schedule indicating all the activities affected
by the circumstances forming the basis of the Claim.
4.3.7.4 The Contractor shall not be entitled to a separate increase in the Contract Time for each one of the
number of causes of delay which may have concurrent or interrelated effects on the progress of
the Work, or for concurrent delays due to the fault of the Contractor.
Add the following subparagraph 5.2.1.1
5.2.1.1 Not later than 15 days after the date of commencement of the Work, the Contractor shall furnish
in writing to the Owner through the Architect the names of persons or entities proposed as
manufacturers, fabricators or material suppliers for the products, equipment and systems
identified in the General Requirements (Division 1 of the Specifications) and, where applicable,
the name of the installing Subcontractor.
City of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 7 of 15
ARTICLE 7 – CHANGES IN THE WORK
Delete subparagraph 7.2.2 and substitute the following:
Methods used in determining adjustments of the Contract Sum shall be those listed in
Subparagraph 7.3.3
Delete subparagraph 7.3.6 and substitute the following:
7.3.6 Change proposal disagreements shall be submitted by the Contractor to the Architect and the
Project Manager in a form satisfactory to the Owner for such submittals. The total cost of any
change, including a claim under paragraphs 4.3 or 4.4 above, shall be limited to the reasonable
value thereof, to be determined in the following manner:
7.3.6.1 ADDITIVE CHANGES:
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 Labor and Industries or contributed to labor trust funds as itemized
fringe benefits, whichever is applicable.
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.
B. 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.
City of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 8 of 15
2. Freight costs; express charges; or special delivery costs when applicable.
3. No lump sum costs will be allowed except when approved in advance by the
Architect
C. 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) for equipment 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 for which 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.
f) 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 for furnishing all fuel,
oil, lubrication, repairs, maintenance, and insurance.
2. Small Tools, Expendable and Consumable Supplies:
a) These are general in nature and are defined as tools for which 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
- Specialty Contractors, 5% direct labor costs
c) Expendable and consumable supplies directly associated with the change
in work to be itemized.
D. Subcontractor Proposals: Subcontractors' proposals are to be itemized as in 1.a, 1.b, and
1.c above.
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 l.a above; temporary construction
City of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 9 of 15
facilities; home office costs; office architecting and estimating costs; and profit, plus any
other cost incidental to the performance of the change in work.
F. 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 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, 1.c and 1.g.
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.
7.3.6.2 DEDUCTIVE CHANGES
a. Items 1.a (labor), 1.b (material), 1.c (equipment), 1.d (subcontractor), 1.e
(overhead and profit, Contractor), 1.f (overhead and profit, subcontractor), 1.g
(insurance and bond) will be itemized for deleted changes in the work.
7.3.6.3 ADDITIVE CHANGES AND DEDUCTIVE CHANGES TOGETHER
a. 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.
b. 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
Delete Subparagraph 8.1.4 and substitute the following:
8.1.4 The term “day” as used in the Contract Documents shall mean working day, excluding weekends
and legal holidays. The term “calendar day” shall mean a day on the calendar including
weekends and holidays.
City of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 10 of 15
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 paragraphs 4.3 and 4.4, above. 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 8.2.4 above.
ARTICLE 9 – PAYMENT AND COMPLETION
9.3.1 Add the following sentence to Subparagraph 9.3.1:
The form of Application for Payment, duly notarized, shall be a current authorized edition of AIA
Document G703, Continuation Sheet.
Add the following Clause 9.3.1.3 to Subparagraph 9.3.1
9.3.1.3 The owner shall retain 5% of each payment throughout the project.
Add the following new subparagraph 9.3.4:
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 thereof) 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
City of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 11 of 15
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.
Add the following Subparagraphs 9.6.8 through 9.6.14 to Paragraph 9.6:
9.6.8 Upon commencement of the Work, an escrow account shall be established in a financial
institution chosen by the Contractor and approved by the Owner.
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. 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.
9.6.14 Sums owed to the Owner by the Contractor may be deducted from payments otherwise due the
Contractor pursuant to Article 9.
9.8.3.1 Except with the consent of the Owner, the Architect will perform no more than one (1) inspection
to determine whether the Work or a designated portion thereof has attained Substantial
Completion in accordance with the Contract documents. The Owner shall be entitled to deduct
from the Contract Sum amounts paid to the Architect for any additional inspections.
Add the following Clause 9.10.1.1 to Subparagraph 9.10.1:
9.10.1.1 Except with the consent of the Owner, the Architect will perform no more than one (1) inspection
to determine whether the Work or a designated portion thereof has attained Final Completion in
accordance with the Contract Documents. The Owner shall be entitled to deduct from the
Contract Sum amounts paid to the Architect for any additional inspections.
City of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 12 of 15
Add the following Paragraph 9.11 to Article 9:
9.11 The Contractor and the contractor’s surety, if any, shall be liable for and shall pay the Owner the
sums hereinafter stipulated as liquidated damages for each calendar day of delay after the date
established for Substantial Completion in the Contract Documents eight hundred Dollars
($800.00)
ARTICLE 10 – PROTECTION OF PERSONS AND PROPERTY
Add the following new subparagraph:
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.
ARTICLE 11 – INSURANCE AND BONDS
Delete the semicolon at the end of Clause 11.1.1.1 and add:
, including private entities performing Work at the site and exempt from the coverage on account
of number of employees or occupation, which entities shall maintain voluntary compensation
coverage at the same limits specified for mandatory coverage for the duration of the Project.
Delete the semicolon at the end of Clause 11.1.1.2 and add:
or persons or entities excluded by statue from the requirements of Clause 11.1.1.1 but required by
the Contract Documents to provide the insurance required by that clause;
Add the following Clauses 11.1.2.1 through 11.1.2.4 to Subparagraph 11.1.2:
11.1.2.1 The limits for Worker’s compensation and Employers’ Liability insurance shall meet statutory
limits mandated by State and Federal Laws. If (1) limits in excess of those required by statute are
to be provided or (2) the employer is not statutorily bound to obtain such insurance coverage or
(3) additional coverages are required, additional coverages and limits for such insurance shall be
as follows:
11.1.2.2 The limits for Commercial General Liability insurance including coverage for Premises-
Operations, Independent Contractor’s Protective, Products-Completed Operations, Contractual
Liability, Personal Injury and Broad Form Property Damage (including coverage for Explosion,
Collapse and Underground hazards) shall be as follows:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$1,000,000 Personal and Advertising Injury
City of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 13 of 15
$2,000,000 Products-Completed Operations Aggregate
.1 The policy shall be endorsed to have the General Aggregate apply to this Project only.
.2 The Contractual Liability insurance shall include coverage sufficient to meet the obligations is
AIA Document A201-1997 under Paragraph 3.18.
.3 Products and Completed Operations insurance shall be maintained for a minimum period of at
least two (2) year(s) after either 90 days following Substantial Completion or final payment,
whichever is earlier.
11.1.2.3 Automobile liability insurance (owned, non-owned and hired vehicles) for bodily injury and
property damage shall be as follows:
$1, 000,000 Each Accident
Add the following sentence to Subparagraph 11.1.3:
If this insurance is written on a Commercial general Liability policy form, the certificates shall be
ACORD form 25-s, completed and supplemented in accordance with AIA Document G715,
Instruction Sheet and Supplemental Attachment for ACORD Certificate of Insurance 25-S.
Add the following new subparagraph:
11.1.3.1 The certificate of insurance shall name the Owner as "Additional Insured.” Certificate is required
at time contract is signed.
Add the following new subparagraph:
11.1.3.2 The certificate of insurance shall name the City of Port Townsend, its officers and employees as
"Additional Insured.” The certificate shall reference “City of Port Townsend City Hall
Improvements and Annex Addition.” Certificate is required at time contract is signed.
Add the new following subparagraphs:
11.1.4 The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City.
11.1.5 Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A:VII.
11.1.6 Subcontractors: Contractor shall include all subcontractors as insured’s under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein for the
Contractor.
City of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 14 of 15
Change the following subparagraph 11.3.3 to read:
11.3.3 The Owner shall not require the Contractor to include the Architect or other persons or entities as
additional insured’s on the Contractor’s Liability Insurance coverage under Paragraph 11.1.
Delete Clause 11.4.1.4 and substitute the following:
11.4.1.4 The Contractor shall at the Contractor’s own expense provide insurance coverage for materials
stored off the site after written approval of the Owner at the value established in the approval, and
also for portions of the work in transit until such materials are permanently attached to the Work.
Add the following Clause 11.4.1.6 to Subparagraph 11.4.1:
11.4.1.6 The insurance required by Paragraph 11/4 is not intended to cover machinery, tools or equipment
owned or rented by the Contractor that are utilized in the performance of the Work but not
incorporated into the permanent improvements. The contractor shall, at the contractor’s own
expense, provide insurance coverage for owned or rented machinery, tools or equipment, which
shall be subject to the provisions of Subparagraph 11.4.7.
Revise the following:
11.4.1 Modify the first sentence of Subparagraph 11.4.1 as follows: Delete “unless otherwise provided,
the Owner” and substitute “The Contractor”. Add the following sentences:
If the Owner is damaged by the failure of the contractor to purchase and maintain such insurance
without so notifying the Owner in written, then the contractor shall bear all reasonable costs
attribute thereto.
11.4.1.2 Delete Clause 11.4.1.2.
11.4.1.3 Modify Clause 11.4.1.3 by substituting “Contractor” for “Owner.”
11.4.4 Delete Subparagraph 11.4.4.
11.4.6 Modify Subparagraph 11.4.6 by making the following substitutions: (1) in the first sentence,
substitute “Contractor: for “Owner” and “Owner” for “Contractor”, and (2) substitute “Owner”
for “Contractor” at the end of the last sentence.
11.4.7 Modify Subparagraph 11.4.7 by substituting “Contractor” for “Owner” at the end of the first
sentence.
11.4.8 Modify Subparagraph 11.4.8 by substituting “Contractor” for “Owner”; except that at the first
reference to “Owner” in the first sentence, the word “this” should be substituted for “Owner’s.”
11.4.9 Modify Subparagraph 11.4.9 by substituting “Contractor” for “Owner” each time the latter word
appears except in the last sentence.
City of Port Townsend SECTION 008100
Mountain View Commons Improvements SUPPLEMENTARY CONDITIONS
008100 Page 15 of 15
11.4.10 Modify Subparagraph 11.4.10 by substituting “Contractor” for “Owner” each time the latter word
appears.
Delete Subparagraph 11.5.1 and substitute the following:
11.5.1 The Contractor shall furnish 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 to
100 percent of the Contract Sum.
11.5.1.1 The Contractor shall deliver the required bonds to the Owner before the Agreement is
entered into, or if the Work is to be commenced prior thereto in response to a letter of
intent, the Contractor shall, prior to the commencement of the work, submit evidence
satisfactory to the Owner that such bonds will be furnished.
11.5.1.2 The Contractor shall require the attorney-in-fact who executes the required bonds on
behalf of the surety to affix thereto a certified and current copy of the power of attorney.
Add new paragraph 11.6 and the following subparagraph 11.6.1:
11.6.1 The Contractor agrees to defend, indemnify and save harmless the Owner, Architect, Project
Manager, 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, Project Manager, and their agents, and employees,
and shall be deemed to include those of subcontractors.
ARTICLE 12 - UNCOVERING AND CORRECTION OF WORK
Add the following Clause 12.2.2.4 to Subparagraph 12.2.2:
12.2.2.4 Upon request by the Owner and prior to the expiration of one year from the date of Substantial
Completion, the Architect will conduct and the Contractor shall attend a meeting with the Owner
to review the facility operations and performance.
PRODUCTS NOT USED
EXECUTION NOT USED
END OF SECTION 00810