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HomeMy WebLinkAboutAgreements/Contracts - Public WorksK19-163 AIA Document A1 05'" - 2017 Standard Short Form of Agreement Between Owner and Contractor AGREEMENT made as of the Fifteenth day of October in the year Two Thousand Nineteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Grant County, Washington Grant County Courthouse P.O. Box 37 Ephrata, WA 98823 and the Contractor: (Name, legal status, address and other information) Blews Construction Inc. 12929 E. Sprague Ave. Ste. 202 Spokane Valley, WA 99216 for the following Project (Name, location and detailed description) Road Crew Shop Repair 4718 Road `P' NW Quincy, WA The Architect: (Name, legal status, address and other information) ZBA Architecture, PS 421 West Riverside Avenue, Suite 860 Spokane, WA 99201 Telephone Number: 509-456-8236 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. Init. AIA Document A105TM — 2017. Copyright© 1993, 2007 and 2017 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 17:59:33 ET on 09/30/2019 under Order No. 0234901442 which expires on 06/11/2020, and is not for resale. User Notes: (3B9ADA4A) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENTS 5 INSURANCE 6 GENERAL PROVISIONS 7 OWNER 8 CONTRACTOR. 9 ARCHITECT 10 CHANGES IN THE WORK 11 TIME 12 PAYMENTS AND COMPLETION 13 PROTECTION OF PERSONS AND PROPERTY 14 CORRECTION OF WORK 15 MISCELLANEOUS PROVISIONS 16 TERMINATION OF THE CONTRACT 17 OTHER TERMS AND CONDITIONS ARTICLE 1 THE CONTRACT DOCUMENTS The Contractor shall complete the Work described in the Contract Documents for the Project. The Contract Documents consist of .1 this Agreement signed by the Owner and Contractor; .2 the drawings and specifications prepared by the Architect, dated 7/23/19 , and enumerated as follows: Drawings: Number Title Date Attached 7/23/19 Specifications: Section Title Date Attached 7/23/19 .3 addenda prepared by the Architect as follows: Number Date Pages Addendum No.1 08/09/19 5 Addendum No. 2 08/15/19 11 Init. AIA Document A106TM — 2017. Copyright ©1993, 2007 and 2017 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 2 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 16:08:03 ET on 09/24/2019 under Order No. 0234901442 which expires on 06/11/2020, and is not for resale. User Notes: (3139ADA43) .4 written orders for changes in the Work, pursuant to Article 10, issued after execution of this Agreement; and .5 other documents, if any, identified as follows: ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The Contract Time is the number of calendar days available to the Contractor to substantially complete the Work. § 2.2 Date of Commencement: Unless otherwise set forth below, the date of commencement shall be the date of this Agreement. (Insert the date of commencement if other than the date of this Agreement.) § 2.3 Substantial Completion: Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion, as defined in Section 12.5, of the entire Work: (Check the appropriate box and complete the necessary information.) [ X ] Not later than One Hundred Twenty ( 120 ) calendar days from the date of commencement. [ ] By the following date: ARTICLE 3 CONTRACT SUM § 3.1 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. Subject to additions and deductions in accordance with Article 10, the Contract Sum is: One Million Five Hundred One Thousand Dollars and Zero Cents ($1,501,000.00 ) § 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work: (Itemize the Contract Sum among the major portions of the Work.) Portion of the Work Value § 3.3 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and hereby accepted by the Owner: (Identify the accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) See Attached § 3.4 Allowances, if any, included in the Contract Sum are as follows: (Identify each allowance.) Item Price § 3.5 Unit prices, if any, are as follows: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) Init. AIA Document A106T1" — 2017. Copyright© 1993, 2007 and 2017 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 3 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 16:08:03 ET on 09/24/2019 under Order No. 0234901442 which expires on 06/11/2020, and is not for resale. User Notes: (3B9ADA43) ARTICLE 4 PAYMENTS § 4.1 Based on Contractor's Applications for Payment certified by the Architect, the Owner shall pay the Contractor, in accordance with Article 12, as follows: (Insert below timing for payments and provisions for withholding retainage, if any.) 5% Retainage withheld and application submitted at the end of each month. § 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Insert rate of .interest agreed upon, if any.) ARTICLE 5 INSURANCE § 5.1 The Contractor shall maintain the following types and limits of insurance until the expiration of the period for correction of Work as set forth in Section 14.2, subject to the terms and conditions set forth in this Section 5.1: See Exhibit `A' Special Conditions Article 15, Limits of Insurance. ARTICLE 6 GENERAL PROVISIONS § 61 The Contract The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification in accordance with Article 10. § 62 The Work The term "Work" means the construction and services required by the Contract Documents, and includes all other labor, materials, 'equipment, and services provided, or to be provided, by the Contractor to fulfill the Contractor's obligations. § 6.3 Intent The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. § 6.4 Ownership and Use of Architect's Drawings, Specifications and Other Documents Documents prepared by the Architect are instruments of the Architect's service for use solely with respect to this Project. The Architect shall retain all common law, statutory, and other reserved rights, including the copyright. The Contractor, subcontractors, sub -subcontractors, and suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work. The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect. § 6.5 Electronic Notice Written notice under this Agreement may be given by one party to the other by email as set forth below. Init. AIA Document A106TM — 2017. Copyright © 1993, 2007 and 2017 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 4 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 16:08:03 ET on 09/24/2019 under Order No. 0234901442 which expires on 06/11/2020, and is not for resale. User Notes: (3B9ADA43) (Insert requirements for delivering written notice by email such as name, title, and email address of the recipient, and whether and how the system will be required to generate a read receipt for the transmission.) ARTICLE 7 OWNER § 7.1 Information and Services Required of the Owner § 7.1.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site. § 7.1.2 Except for permits and fees under Section 8.7.1 that are the responsibility of the Contractor, the Owner shall obtain and pay for other necessary approvals, easements, assessments, and charges. § 7.1.3 Prior to commencement of the Work, at the written request of the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. § 7.2 Owner's Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is made. § 7.3 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Architect may withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the cost of correction, provided the actions of the Owner and amounts charged to the Contractor were approved by the Architect. § 7.4 Owner's Right to Perform Construction and to Award Separate Contracts § 7.4.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project. § 7.4.2 The Contractor shall coordinate and cooperate with the Owner's own forces and separate contractors employed by the Owner. ARTICLE 8 CONTRACTOR § 8.1 Review of Contract Documents and Field Conditions by Contractor § 8.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. 8.1.2 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the Contractor shall (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Contract Documents; and (3) promptly report errors, inconsistencies, or omissions discovered to the Architect. § 8.2 Contractor's Construction Schedule The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. § 8.3 Supervision and Construction Procedures § 8.3.1 The Contractor shall supervise and direct the Work using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work. Init. AIA Document A106TM — 2017. Copyright ©1993, 2007 and 2017 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 5 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 16:08:03 ET on 09/24/2019 under Order No. 0234901442 which expires on 06/11/2020, and is not for resale. User Notes: (3139ADA43) § 8.3.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner, through the Architect, the names of subcontractors or suppliers for each portion of the Work. The Contractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a timely and reasonable objection. § 8.4 Labor and Materials § 8.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work. § 8.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 8.5 Warranty The Contractor warrants to the Owner and Architect that: (1) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Contract Documents. Any material or equipment warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 12.5. § 8.6 Taxes The Contractor shall pay sales, consumer, use, and similar taxes that are legally required when the Contract is executed. 8.7 Permits, Fees and Notices § 8.7.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees, licenses, and inspections necessary for proper execution and completion of the Work. § 8.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Architect in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules, and regulations. § 8.8 Submittals The Contractor shall promptly review,, approve in writing, and submit to the Architect shop drawings, product data, samples, and similar submittals required by the Contract Documents. Shop drawings, product data, samples, and similar submittals are not Contract Documents. § 8.9 Use of Site The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents, and the Owner. § 8.10 Cutting and Patching The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. § 8.11 Cleaning Up The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. At the completion of the Work, the Contractor shall remove its tools, construction equipment, machinery, and surplus material; and shall properly dispose of waste materials. § 8.12 Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them, from and against claims, damages, losses and Init. AIA Document A106TM — 2017. Copyright© 1993, 2007 and 2017 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 6 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 16:08:03 ET on 09/24/2019 under Order No. 0234901442 which expires on 06/11/2020, and is not for resale. User Notes: (3139ADA43) expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, 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), but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. ARTICLE 9 ARCHITECT § 9.1 The Architect will provide administration of the Contract as described in the Contract Documents. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 9.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work. § 9.3 The Architect 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. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. § 9.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor. § 9.5 The Architect has authority to reject Work that does not conform to the Contract Documents § 9.6 The Architect will promptly review and approve or take appropriate action upon Contractor's submittals, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 97 On written request from either the Owner or Contractor, the Architect will promptly interpret and decide matters concerning performance under, and requirements of, the Contract Documents. § 9.8 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from the Contract Documents, and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 9.9 The Architect's duties, responsibilities, and limits of authority as described in the Contract Documents shall not be changed without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. ARTICLE 10 CHANGES IN THE WORK § 10.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract, consisting of additions, deletions or other revisions, and the Contract Sum and Contract Time shall be adjusted accordingly, in writing. If the Owner and Contractor cannot agree to a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus reasonable overhead and profit. §'10.2 The Architect may authorize or order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such authorization or order shall be in writing and shall be binding on the Owner and Contractor. The Contractor shall proceed with such minor changes promptly. § 10.3 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment. ARTICLE 11 TIME § 11.1 Time limits stated in the Contract Documents are of the essence of the Contract. Init. AIA Document A105TM — 2017. Copyright ©1993, 2007 and 2017 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 7 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 16:08:03 ET on 09/24/2019 under Order No. 0234901442 which expires on 06/11/2020, and is not for resale. User Notes: (3B9ADA43) § 11.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, or other causes beyond the Contractor's control, the Contract Time shall be subject to equitable adjustment. § 11.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the responsible party. ARTICLE 12 PAYMENTS AND COMPLETION § 12.1 Contract Sum The Contract Sum stated in this Agreement, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 12.2 Applications for Payment § 12.2.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for Work completed in accordance with the values stated in this Agreement. The Application shall be supported by data substantiating the Contractor's right to payment as the Owner or Architect may reasonably require, such as evidence of payments made to, and waivers of liens from, subcontractors and suppliers.. Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing. § 12.2.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information, and belief, be free and clear of liens, claims, security interests, or other encumbrances adverse to the Owner's interests. § 12.3 Certificates for Payment The Architect will, within seven days after receipt of the Contractor's Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; (2) issue to the Owner, a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in part; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect's reason for withholding certification in whole. If certification or notification is not made within such seven day period, the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time and the Contract Sum shall be equitably adjusted due to the delay. § 12.4 Progress Payments § 12.4.1 After. the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner provided in the Contract Documents. § 12.4.2 The Contractor shall promptly pay each subcontractor and supplier, upon receipt of payment from the Owner, an amount determined in accordance with the terms of the applicable subcontracts and purchase orders. § 12.4.3 Neither the Owner nor the Architect shall have responsibility for payments to a subcontractor or supplier. § 12.4.4 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. § 12.5 Substantial Completion § 12.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. Init. AIA Document A106TM — 2017. Copyright© 1993, 2007 and 2017 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 8 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 J was produced by AIA software at 16:08:03 ET on 09/24/2019 under Order No. 0234901442 which expires on 06/11/2020, and is not for resale. User Notes: (3139ADA43) § 12.5.2 When the Contractor believes that the Work or designated portion thereof is substantially complete, it will notify the Architect and the Architect will make an inspection to determine whether the Work is substantially complete. When the Architect determines that the Work is substantially complete, the Architect shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, establish the responsibilities of the Owner and Contractor, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 12.6 Final Completion and Final Payment § 12.6.1 Upon receipt of a final Application for Payment, the Architect will inspect the Work. When the Architect finds the Work acceptable and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment. § 12.6.2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests, or encumbrances arising out of the Contract. § 12.6.3 Acceptance of final payment by the Contractor, a subcontractor or supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 13 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract. The Contractor shall take reasonable precautions to prevent damage, injury, or loss to employees on the Work and other persons who may be affected thereby, the Work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. ARTICLE 14 CORRECTION OF WORK § 14.1 The Contractor shall promptly correct Work rejected by the Architect as failing to conform to the requirements of the Contract Documents, The Contractor shall bear the cost of correcting such rejected Work, including the costs of uncovering, replacement, and additional testing. § 14.2 In addition to the Contractor's other obligations including warranties under the Contract, the Contractor shall for a period of one year after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. § 1.4.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 7.3. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Assignment of Contract Neither party to the Contract shall assign the Contract as a whole without written consent of the other. § 15.2 Tests and Inspections § 15.2.1 At the appropriate times, the Contractor shall arrange and bear cost of tests, inspections, and approvals of portions of the Work required by the Contract Documents or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. § 15.2.2 If the Architect requires additional testing, the Contractor shall perform those tests. § 15.2.3 The Owner shall bear cost of tests, inspections, or approvals that do not become requirements until after the Contract is executed. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. Init. AIA Document A106TM — 2017. Copyright © 1993, 2007 and 2017 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 9 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 16:08:03 ET on 09/24/2019 under Order No. 0234901442 which expires on 06/11/2020, and is not for resale. User Notes: (3139ADA43) § 15.3 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. ARTICLE 16 TERMINATION OF THE CONTRACT § 16.1 Termination by the Contractor If the Work is stopped under Section 12.3 for a period of 14 days through no fault of the Contractor, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit, and costs incurred by reason of such termination. § 16.2 Termination by the Owner for Cause § 16.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 is otherwise guilty of substantial breach of a provision of the Contract Documents. § 16.2.2 When any of the above reasons exist, the Owner, after consultation with the Architect, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may .1 take_ possession of the site and of all materials thereon owned by the Contractor, and .2 finish the Work by whatever reasonable method the Owner may deem expedient. § 16.2 .3 When the Owner terminates the Contract for one of the reasons stated in Section 16.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 16.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. § 16.3 Termination by the Owner for Convenience The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 17 OTHER TERMS AND CONDITIONS (Insert any 'other terms or conditions below.) Init. AIA Document A106TM — 2017. Copyright © 1993, 2007 and 2017 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 ,� O 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 16:08:03 ET on 09/24/2019 under Order No. 0234901442 which expires on 06/11/2020, and is not for resale. User Notes: (3139ADA43) This Agreement entered into as of the day and year first written above. (If required by law, insert cancellation period, disclosures or other warning statements above the signatures.) OWNER (Signature) BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WASHINGTON (Printed name and title) Richard Stevens Member IA CONTOCTOR (Signature) (Printed name and title LICENSE NO.: JURISDICTION: DRAWING INDEX ARCHITECTURAL AC 101 ARCHITECTURAL SITE PLAN A101 FLOOR PLANS - MAIN LEVEL, MEZZANINE A121 ROOF PLAN A201 EXTERIOR ELEVATIONS A301 BUILDING SECTIONS, WALL SECTION A501 DETAILS A601 DOOR & FRAME TYPES, DOOR SCHEDULE, FINISH SCHEDULE, FINISH LEGEND STRUCTURAL S121 GENERAL NOTES AND PLANS S 5 01 DETAILS MECHANICAL M001 MECHANICAL LEGENDS, NOTES & SCHEDULES M002 LEGENDS & PLUMBING DIAGRAMS M201 FOUNDATION PLAN (REFERENCE ONLY) M202 FLOOR PLAN - PLUBMING M203 FLOOR PLAN - GAS PIPING ALT. #1 M301 MECHANICAL DETAILS M401 FLOOR PLAN - HVAC M402 FLOOR PLAN - HVAC - ALT. #1 M501 HVAC DETAILS M601 MECHANICAL BUILDING SECTIONS F.T ,F C. TR TC A T . E001 PROJECT DECRIPTION AND GENERAL NOTES, SYMBOL LEGEND, MECHANICAL EQUIPMENT SCHEDULE, LIGHTING FIXTURE SCHEDULE E002 ONE -LINE DIAGRAM, FEEDER SCHEDULE, WIRING DIAGRAMS E003 PANEL SCHEDULES E004 PANEL SCHEDULES E101 SITE PLAN - ELECTRICAL E201 MAIN LEVEL LIGHTING PLAN, MEZZANINE LIGHTING PLAN E301 MAIN LEVEL POWER/SYSTEMS PLAN, MEZZANINE POWER/SYSTEMS PLAN, MEZZANINE INTERIOR TABLE OF CONTENTS This Table of Contents is for convenience only. Its accuracy and completeness are not guaranteed and it is not to be considered part of the Project Manual. CONTRACTUAL LEGAL REQUIREMENTS Advertisement for Bids Instructions to Bidders, AIA Document A701, 2018 Edition Bid Form Standard Short Form of Agreement Between Owner and Contractor AIA Document A 105, 2017 Edition Special Conditions Prevailing Wage Rates TECHNICAL SPECIFICATIONS DIVISION #1 - GENERAL REQUIREMENTS Section 01010 - Summary of Work Section 01027 - Applications for Payment o Lien Waiver Form Section 01035 - Modification Procedures Section 01040 - Coordination Section 01045 - Cutting and Patching Section 01050 - Field Engineering Section 01200 - Project Meetings Section 01230 - Alternates Section 01300 - Submittals Section 01400 - Quality Control Section 01500 - Construction Facilities and Temporary Controls Section 01600 - Product Requirements o Substitution Request Form Section 01700 - Contract Closeout Section 01732 - Selective Demolition DIVISION #2 - SITE CONSTRUCTION Section 02520 - Concrete Pavement 1917 TABLE OF CONTENTS Page 1 DIVISION #3 - CONCRETE Section 03450 — Architectural PreCast Concrete — Plant Cast DIVISION #4 - MASONRY Section 04200 - Unit Masonry Assemblies DIVISION #5 - METALS Section 05120 - Structural Steel Section 05210 - Steel Joists Section 05310 - Steel Deck Section 05500 - Metal Fabrications DIVISION #6 - WOOD AND PLASTICS Section 06100 - Rough Carpentry DIVISION #7 - THERMAL AND MOISTURE PROTECTION Section 07180 - Water Repellents Section 07210 - Building Insulation Section 07410 - Manufactured Roof Panels Section 07620 - Sheet Metal Flashing and Trim Section 07901 - Joint Sealants DIVISION #8 - DOORS AND WINDOWS Section 08110 - Steel Doors and Frames Section 08360 - Sectional Overhead Doors Section 08710 - Door Hardware Section 08800 - Glazing DIVISION #9 - FINISHES Section 09255 - Gypsum Board Assemblies Section 09900 - Painting DIVISION #10 - SPECIALTIES Section 10522 - Fire Extinguishers, Cabinets and Accessories DIVISION # 11 -EQUIPMENT Section 11900 - Shop Service Equipment 1917 TABLE OF CONTENTS Page 2 DIVISION # 15 - MECHANICAL Section 15010 - General Mechanical Requirements Section 15015 - Mechanical Project Closeout Section 15050 - Basic Mechanical Materials and Methods Section 15054 - Electrical Provisions for Mechanical Equipment Section 15055 - Motors Section 15060 - Hangers and Supports Section 15071 - Mechanical Vibration and Seismic Controls Section 15075 - Mechanical Identification Section 15081 - Duct Insulation Section 15083 - Pipe Insulation Section 15110 - Valves Section 15122 - Meters and Gages Section 15140 - Domestic Water Piping Section 15150 - Sanitary Waste and Vent Piping Section 15191 - Fuel Oil Piping Section 15194 - Facility Natural -Gas Piping Section 15211 - General -Service Compressed -Air Piping Section 15251 - General Service Compressed -Air Equipment Section 15410 - Plumbing Fixtures Section 15430 - Plumbing Specialties Section 15485 - Electric, Domestic Water Heaters Section 15543 - Fuel -Fired Units Heaters Section 15561 - Direct -Fired Makeup Air Units Section 15738 - Split -System Air -Conditioning. Units Section 15815 - Metal Ducts Section 15820 - Duct Accessories Section 15825 - Louvers and Vents Section 15838 - Power Ventilators Section 15839 - High -Volume, Low -Speed Fans Section 15855 - Diffusers, Registers, and Grilles Section 15900 - Automatic Temperature Controls Section 15955 - Testing, Adjusting and Balancing DIVISION #16 - ELECTRICAL Section 16010 - General Provisions Section 16100 - Basic Materials Section 16110 - Conduits Section 16120 - Conductors and Connectors Section 16130 - Boxes Section 16140 - Wiring Devices Section 16150 - Disconnects Section 16430 - Panelboards Section 16450 - Grounding Section 16460 - Dry Type Transformers Section 16500 - Lighting System Section 16721 - Fire Alarm System Section 16741 - Telecom Raceway System Section 16776 - LAN Cabling System **END OF TABLE OF CONTENTS* * 1917 TABLE OF CONTENTS Page 3 ALTERNATE #1 PROVIDE OVERHEAD PROPANE FIRED UNIT HEATERS IN ALL SHOP AREAS IN LIEU OF OVERHEAD OIL FIRED UNIT HEATERS. PROVIDE EXTERIOR CONCRETE SLAB ON GRADE OVER COMPACTED GRAVEL BASE AND PAINTED SAFETY BOLLARDS. EXTERIOR ABOVE GROUND 1000 GAL FUEL TANK, EQUIP AND PIPING TO WITHIN 5' OF BUILDING PERIMETER SHALL BE PROVIDED BY TANK SUPPLIER. CONTRACTOR TO COORDINATE LOCATION IN THE FIELD WITH OWNER. RELOCATE EXISTING ABOVE GROUND OIL FUEL TANK ONSITE AS DIRECTED BY OWNER. SEE SITE PLANS & SPECIFICATION SECTION 01230 FOR ADDITIONAL ALTERNATE INFO EXHIBIT A SPECIAL CONDITIONS 1 CIRNR.R A T. SPECIAL CONDITIONS All applicable Federal, State and Local codes, ordinances and regulations shall apply to this Work. Without limiting the generality of the foregoing, special attention is directed to Title 39 of RCW, "Public Contracts and Indebtedness". Certain parts of Title 39 RCW are addressed in these Special Conditions, but all applicable provisions of Title 39 RCW shall be complied with whether or not addressed herein. 2. CONTRACTOR'S LICENSE Contractor and all of Contractor's subcontractors for this Work shall be licensed as required by the State of Washington. 3. TIME FOR COMPLETION All Work in this Contract shall be substantially complete within 120 consecutive calendar days from the Notice to Proceed. Extensions may be granted due to conditions beyond the control of the Contractor or his Subcontractors. Validity of such conditions shall be determined solely by the Architect. 4. COMPLETION SCHEDULE Time is of the essence in the commencement, continuation, and completion of the Work. Contractor shall prepare and submit for Owner's approval a construction schedule for Final completion of the Work. The construction schedule shall not exceed the time limits specified in the Contract. The Contractor will update the schedule and the Final Completion dates for the Owner's approval with each construction draw request. Extensions for Final Completion of the Work, based on adverse weather or other force majeure events, shall be made only through written change orders prepared by Contractor and submitted to Owner, for its approval or rejection, within five (5) days of such delay. In the case of weather delays, Owner will approve only those change orders caused by abnormal weather conditions not reasonably anticipated using 50 -year weather data (e.g., rain, snow and cold weather not normally anticipated at the time of year in which the Work is to be completed). 5. LIQUIDATED DAMAGES Liquidated damages of $500.00 per calendar day shall be paid by the Contractor to the Owner for each day beyond Time for Completion that construction is required for completion of the Work. Completion shall be considered the date on which the Architect issues a Certificate of Substantial Completion. 6. SUBSTANTIAL COMPLETION The Project shall be deemed to have achieved "Substantial Completion" when all of the following have occurred: a. The Project architect has issued a Certificate of Substantial Completion (AIA Form G704 or the equivalent); b. The Project is capable of being beneficially occupied for its intended use; and c. A certificate of occupancy or the equivalent governmental permit has been issued that allows the Project to be occupied. 1917 SPECIAL CONDITIONS Page 1 EXHIBIT A 7. FINAL COMPLETION SPECIAL CONDITIONS The Project shall be deemed to have achieved "Final Completion" when all of the items set forth in Section 5 hereof have occurred and all of the following additional items have occurred: a. The Project architect has issued a Final Certificate for Payment; b. All punch list items have been completed to the satisfaction of the Project architect and Owner; and c. Owner has received full and final lien waivers from the Contractor and all subcontractors and material suppliers, irrespective of tier, together with a Contractor's affidavit or sworn statement covering all Work for the Project. 8. WASHINGTON STATE SALES TAX In order to assure that Grant County receives its full rebate from the State of Washington, the Contractor shall indicate on his submitted state sales tax forms that Grant County is the place of construction. 9. CHANGE ORDER REQUIREMENTS When a Change Order involves an increase in the Contract Sum, allowances for combined overhead and profit shall be computed as follows: 15% on direct costs of Prime Contractor's work and 5% to the cost for work performed by Subcontractors. The Contractor may add an amount, confirmed by the surety, not to exceed 3% for the additional bond premium. Subcontractor may add 15% for overhead and profit for work performed by their own forces. 10. RETAINAGE In connection with each disbursement on account of any hard cost item due, an amount (the "Retainage") equal to five percent (5%) of that portion of the Contract sum allocable to each portion of the Work completed shall be deducted from each progress payment under the Contract. The Retainage, less any deductions from the Contract sum provided for under the Contract, shall be paid upon Final Completion of the Work and in accordance with Chapter 60.28 RCW. Notwithstanding the foregoing, if a portion of the Work cannot be completed because weather conditions prevent the completion of certain exterior work (e.g., landscaping or exterior pavements) ("Exterior Items"), Retainage shall be disbursed less one hundred fifty percent (150%) of the sum the architect reasonably determines to be allocable to the completion of the Exterior Items. If Contractor fails to complete the Exterior Items by a mutually agreed upon date, Owner may use the Retainage to complete such Items and the Contractor forfeits all rights to such Retainage. 14 0 0 MMITA-I ►1III The Contractor shall deliver to the Owner a good and sufficient bond with a surety company as surety, in an amount equal to the full contract price, conditioned that such person or persons shall faithfully perform all the provisions of such contract and pay all laborers, mechanics and subcontractors and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work. Bond shall be to Grant County. 12. SPECIAL PAYMENT REQUIREMENTS Before payment is made to the Contractor of any sums due under this Contract, the Owner must receive from the Contractor and each Subcontractor a copy of "Statement of Intent to Pay Prevailing Wages", approved by the Washington State Department of Labor and Industries. Upon completion of this Contract, the Owner must receive from the Contractor and each Subcontractor a copy of "Affidavit of Wages Paid" approved by the State Department of Labor and Industries. In 1917 SPECIAL CONDITIONS Page 2 EXHIBIT A SPECIAL CONDITIONS addition, the Owner must receive from the Contractor a copy of "Request for Release" approved by the State Department of Labor and Industries. These affidavits will be required before any funds retained are released to the Contractor. Forms may be obtained from the Department of Labor and Industries. A fee for each "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" is required to accompany each form submitted to the Department of Labor and Industries. The Contractor is responsible for payment of these fees and shall make all applications directly to the Department of Labor and Industries. 13. WAGE RATES This project is subject to State prevailing wage rates. No workmen, laborer, or mechanic employed in the performance of any part of this Contract shall be paid less than the prevailing rate of wage as determined by the Industrial Statistician of the Department of Labor and Industries and bound herein. 14. BIDDER RESPONSIBILITY CRITERIA AND SUPPLEMENTAL CRITERIA 14.1 It is the intent of the Owner to award a contract to the "responsible" bidder submitting the lowest "responsive" bid for the project. Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project. In addition, the bidder may be required by the Owner to submit documentation demonstrating compliance with these requirements. The bidder must at the time of bid submittal: a. Have a certificate of registration in compliance with chapter 18.27 RCW; b. Have a current state unified business identifier number. c. Have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; an employment security department number as required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW; and d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 14.2 Pursuant to RCW 39.04.350, awarding agencies must verify that a bidder has received training on prevailing wage and public works requirements or that the bidder is exempt from this training because they have completed three or more public works projects and have had a valid Washington business license for three or more years. This verification is required by the public agency prior to awarding a contract for prevailing wage and public works projects, although contractors should ensure they meet the requirement before submitting a bid. 15. LIMITS OF INSURANCE Limits of insurance shall be as follows: (Coverage must include all work) A. Liability Insurance: not less than Two Million Dollars ($2,000,000.00) for bodily injury including death per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate. B. Property Damage Insurance: not less than One Million Dollars ($1,000,000.00) per each occurrence. C. Workmen's Compensation: As required by law. D. Indemnification/Hold Harmless requirements identified under Paragraph 3.18 shall apply and shall be so noted on Certificate of Insurance. In addition, the following coverage shall be included: 1917 SPECIAL CONDITIONS Page 3 EXHIBIT A SPECIAL CONDITIONS 1. Underground, Collapse, and Blasting: the following clause "Injury to or destruction of property caused by the collapse or structural injury to any building or structure due to (1) excavation or backfill, pile driving or caisson work, or (2) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support and damage due to any blasting operations and damage of any underground utilities in the performance of the work shall be included in the coverage for which certificate is furnished." 2. Compensation & Employer's Liability Insurance: in case of any class of employees engaged in hazardous work under this contract at the site of the project is not protected under Statutory Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide compensation insurance with a private company, in an amount equivalent to that provided by the Workmen's Compensation Statute for the protection of his employees not otherwise protected., 3. Broad Form Property Damage Liability Insurance shall be included in the coverage for which certificate is furnished. 4. Comprehensive Automobile Liability Insurance including non -ownership and hire care coverage, as well as owned vehicles shall be included in the coverage for which certificate is furnished. 5. Non -cancellation Rider: policies shall carry a rider which states that they are not subject to unilateral cancellation and that any cancellation for any reason shall require notice to the Owner, properly delivered. No insurance shall be terminated without such notice and a 30 -day period of grace. E. Contractor to purchase One Million Dollars ($1,000,000) excess bodily injury/property damage limits in addition to primary limits specified. F. Contractor shall include "Cross Liability Endorsement" or "Separation of Insured." END OF SPECIAL CONDITIONS 1917 SPECIAL CONDITIONS Page 4 ALTERNATE #1 PROVIDE OVERHEAD PROPANE FIRED UNIT HEATERS IN ALL SHOP AREAS IN LIEU OF OVERHEAD OIL FIRED UNIT HEATERS. PROVIDE EXTERIOR CONCRETE SLAB ON GRADE OVER COMPACTED GRAVEL BASE AND PAINTED SAFETY BOLLARDS. EXTERIOR ABOVE GROUND 1000 GAL FUEL TANK, EQUIP AND PIPING TO WITHIN 5' OF BUILDING PERIMETER SHALL BE PROVIDED BY TANK SUPPLIER. CONTRACTOR TO COORDINATE LOCATION IN THE FIELD WITH OWNER. RELOCATE EXISTING ABOVE GROUND OIL FUEL TANK ONSITE AS DIRECTED BY OWNER. SEE SITE PLANS & SPECIFICATION SECTION 01230 FOR ADDITIONAL ALTERNATE INFO