CONTRACT DOCUMENTS WELL 2R & 7 REHABILITATION ...

City Capital Project #: 324009

CONTRACT DOCUMENTS

WELL 2R & 7 REHABILITATION (2019)

Pre-Bid Walkthrough: March 20, 2019 @ 10:00 AM Location: Bremerton Public Works Facility Address: 100 Oyster Bay Ave N., Bremerton, WA 98312 Meet at public entrance parking lot Prepare to convoy to project site Bid Opening: Thursday, March 28, 2019 @ 2:00 PM City Council Chambers on 1st floor of Norm Dicks Government Center (NDGC). Bids must be received no later than 2 p.m. at Suite 100 (1st floor) of NDGC For mailing bids, mail to: City of Bremerton ATTN: City Clerk 345 6th Street, Suite 100 Bremerton, WA 98337 Project Contact Person: Bill Davis, P.E. Tel: (360) 473-2312 E-mail: [email protected]

mailto:[email protected]

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CITY OF BREMERTON WELL 2R AND 7 REHABILITATION (2019)

TABLE OF CONTENTS

----------- Cover Page ----------- Certificate of Engineer ----------- Table of Contents DIVISION 0 – BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT 00116 Notice Inviting Bids 00211 Bidder Checklist 00213 Instruction to Bidders 00410 Bid Forms 00521 Agreement 00611 Performance Bond 00616 Payment Bond 00721 Standard General Conditions 00731 Supplementary Conditions

DIVISION 1 – GENERAL REQUIREMENTS 01010 Summary of Work and Special Requirements 01025 Measurement and Payment 01300 Contractor Submittals 01311 Project Meetings 01321 Project Schedule 01354 Water Quality Protection 01505 Mobilization 01570 Construction Facilities and Controls 01600 Products, Materials, and Equipment 01700 Project Closeout

DIVISION 2 – SITE WORK 02520 Well Rehabilitation

DIVISION 11 – SPECIAL CONSTRUCTION 11076 Well Pumping Equipment

APPENDICES APPENDIX A – CONSTRUCTION FORMS APPENDIX B – WELL 2R INFORMATION APPENDIX C – WELL 7 INFORMATION

Well 2R and 7 Rehabilitation (2019) Notice Inviting Bids March 2019 00116-1

CITY OF BREMERTON, WASHINGTON

NOTICE INVITING BIDS

RECEIPT OF BIDS: Sealed Bids will be received at the office of the City Clerk of the City of Bremerton, located at 345 6th Street, Bremerton, Washington 98337 until 2:00 p.m. PST as shown on the wall clock inside the City Clerk’s office (located on 1st floor of Norm Dicks Government Center) on Thursday, March 28, 2019 for the project Well 2R and 7 Rehabilitation (2019). Bids received after the specified time and date will not be considered.

OPENING OF BIDS: The bids will be publicly opened and read after 2:00 p.m. on Thursday, March 28, 2019 in the Council Chambers (1st floor) of the Norm Dicks Government Center at 345 6th Street, Bremerton, Washington 98337.

DESCRIPTION OF WORK: The work shall consist of providing all work, materials, equipment, supplies, and services for rehabilitation of Well 2R and Well 7 at the Anderson Creek Well Field in Bremerton, WA. The Work also includes step-rate testing and purchase/installation of new pumping equipment for each well. Well 2R is 275 feet deep and in 2005 was rehabilitated to pump between 700 – 800 gpm. Well 7 is 629’ deep and in 2005 was rehabilitated to pump 340 gpm. COMPLETION OF WORK: The WORK must be completed within 100 calendar days after the commencement date stated in the Notice to Proceed.

OBTAINING CONTRACT DOCUMENTS: Bid Documents may be downloaded from the City of Bremerton website at: http://www.ci.bremerton.wa.us/Bids.aspx. Click on the link for Well 2R and 7 Rehabilitation (2019) and you will see a link to download the bid documents.

PROPOSALS: All bid proposals must be made on the blank forms furnished in the Contract Documents. Sealed envelopes containing bids shall be entitled: Well 2R and 7 Rehabilitation (2019).

BID SECURITY: Each bid proposal shall be accompanied by a bid proposal deposit in cash, certified check, cashier's check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. The failure to furnish a bid deposit of a minimum of 5 percent shall make the bid nonresponsive and shall cause the bid to be rejected by the Contracting Agency.

PERFORMANCE BOND: The successful bidder will also be required to provide a Performance Bond for 100 percent of the Contract Price. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Bremerton.

PRE-BID WALK-THROUGH: A pre-bid walk-through with City staff is scheduled for Wednesday, March 20, 2019 at 10:00 a.m. The objective of the walkthrough is to acquaint prospective bidders with the work site and answer any questions. Attendance is highly encouraged in order to understand site access and layout. Meet at the public/customer entrance (parking lot) of the City Public Works and Utilities Building at 10 a.m. in order to caravan over to the well site. The public entrance is on the north side of building. The building address is 100 Oyster Bay Ave N, Bremerton, WA 98312.

http://www.ci.bremerton.wa.us/Bids.aspx

Well 2R and 7 Rehabilitation (2019) Notice Inviting Bids March 2019 00116-2

PROJECT CONTACT AND COMMUNICATION: All communications related to the project shall be directed to the City prior to opening of Bids:

Communication by phone/e-mail: Bill Davis, P.E. Telephone: (360) 473-2312 E-mail: [email protected]

Communication by mail: City of Bremerton, Engineering Division ATTN: Bill Davis 345 Sixth Street, Suite 100 Bremerton, WA 98337 For mailing bids: City of Bremerton ATTN: City Clerk 345 Sixth Street, Suite 100 Bremerton, WA 98337

CITY’S RIGHTS RESERVED: The City of Bremerton reserves the right to reject any and all bids on any or all schedules or alternates or to waive any informalities in the bidding and shall determine which bid or bidders is the most satisfactory and responsible bidder and shall be the sole judge thereof. No plea of mistake in the bid shall be available to the bidder for the recovery of his/her deposit or as a defense to any action based upon the neglect or refusal to execute a contract.

The City of Bremerton hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, sexual orientation or national origin in consideration for an award.

END OF NOTICE INVITING BIDS

Well 2R and 7 Rehabilitation (2019) Bidder Checklist February 2019 00211-1

BIDDER CHECKLIST

SECTION 00211

This section lists the contract forms required for this project. The bidder’s attention is especially directed to the forms that must be executed in full as required and submitted with the bidder’s bid. These are indicated as follows in the section titled “Bid Forms.”

BID FORMS These documents must be executed and submitted to the City with your bid, not later than the designated bid closing date and time. Bids that do not include all of the required forms, properly completed, may be declared unresponsive. The bid forms are in Section 00410.

a. Acknowledgement of Bid and Addenda

b. Bid Certificate

c. Bid Schedule

d. Bid Bond (This form to be executed by the bidder and the surety company unless bid is

accompanied by a certified check. The amount of this check or bond shall be not less than

5% (five percent) of the total amount bid and may be shown in dollars or on a percentage

basis.)

e. List of Subcontractors

f. Information Required of Bidder

g. Non-Collusion Affidavit (The form is to be completed and signed by the contractor and

notarized.)

h. Certification Regarding Suspension, Debarment, Ineligibility of Voluntary Exclusion

i. Certification of Non-Segregated Facilities

j. Certification of Compliance with Wage Payment Statutes DOCUMENTS TO BE EXECUTED BY THE SUCCESSFUL BIDDER

The following forms are to be executed after the contract is awarded. These forms must be filled out and submitted within fourteen (14) calendar days after the date of Notice of Award of contract.

- Agreement

- Agreement Certificate

- Performance Bond

- Payment Bond

Well 2R and 7 Rehabilitation (2019) Bidder Checklist February 2019 00211-2

DOCUMENTS TO BE EXECUTED DURING THE CONTRACT The following forms are to be executed after notice to proceed.

- Statement of Intent to Pay Prevailing Wages

This is a form from Dept. of Labor and Industries. Submit prior to first payment request.

- Certificate of Debarment for Subcontractors (to be supplied by Owner)

DOCUMENTS TO BE EXECUTED AT FINAL PAYMENT

The following forms shall be executed prior to final payment.

1. Affidavit of Wages Paid - This is a form from Dept. of Labor and Industries

2. Acceptance of Compensation and Release of All Claims

- This form is in Appendix A of the contract - Execute and submit in order to receive final payment

END OF SECTION

Well 2R and 7 Rehabilitation (2019) Instructions to Bidders March 2019 00213-1

INSTRUCTIONS TO

BIDDERS SECTION 00213

1. DEFINED TERMS. Terms used in these Instructions to Bidders and the Notice Inviting

Bids which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to OWNER, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term OWNER is defined as the City of Bremerton, located at 345 6the St., Bremerton, WA 98337.

2. LOCAL BUSINESS LICENSE. The successful Bidder shall acquire and/or possess a

current City of Bremerton Business License and any other licenses and permits which may be required to fulfill the obligations of the Contract as specified. Business and occupancy (B&O) taxes shall be paid when due and the CONTRACTOR will agree to assign any payments due to the City Clerk for payment of such taxes which have been declared delinquent.

3. INTERPRETATIONS AND ADDENDA.

3.1 All questions about the meaning or intent of the Contract Documents are to be directed

to the ENGINEER, defined in GC-1.01 A. Additions, deletions, or revisions to the Contract Documents considered necessary by the ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the ENGINEER or OWNER as having received the Contract Documents. Only answers to such questions issued by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

3.2 Addenda may also be issued to make other additions, deletions, or revisions to the

Contract Documents. 3.3 Bidders shall make no special interpretation or inference of intent from differing formats

in the Technical Specifications. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND SITE.

4.1 It is the responsibility of each Bidder before submitting the Bid:

A. To examine thoroughly the Contract Documents and other related data identified in

the Bidding Documents (including "technical" data referred to below);

B. To visit the site to become familiar with local conditions that may affect cost, progress, or performance of the WORK;

C. To consider federal, state, and local Laws and Regulations.

D. To study and carefully correlate the Bidder's observations with the Contract

Documents; and

E. To notify the ENGINEER of all conflicts, errors, ambiguities, or discrepancies in or


between the Contract Documents and such other related data.

F. When conflicts, errors, ambiguities, or discrepancies are discovered in or between Contract Documents and/or other related documents, and when said conflicts, etc. have not been resolved through the interpretations by ENGINEER as described in Paragraph 3 above, BIDDER shall include in the Bid the greater quantity of WORK or compliance with the more stringent requirement resulting in a greater cost. Such greater cost shall be included in the BID.

4.2 Reference is made to the Supplementary Conditions for identification of:

A. Those drawings of physical conditions in or relating to existing surface and subsurface

conditions (except Underground Utilities) which are at or contiguous to the site have been utilized by the ENGINEER in the preparation of the Contract Documents. The Bidder may rely upon the accuracy of the technical data contained in such drawings, however, the interpretation of such technical data, including any interpolation or extrapolation thereof, together with nontechnical data, interpretations, and opinions contained in such drawings or the completeness thereof is the responsibility of the Bidder.

4.3 Copies of reports and drawings referred to in Paragraph 4.2 will be made available by

the OWNER for review at the office of the OWNER by any Bidder on request, if said reports and drawings are not bound herein. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which the Bidder is entitled to rely, as provided in SC-4.02.C of the Supplementary Conditions, are incorporated herein by reference.

4.4 Information and data reflected in the Contract Documents with respect to Underground

Utilities at or contiguous to the site is based upon information and data furnished to the OWNER and the ENGINEER by the owners of such Underground Utilities or others, and the OWNER does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions or Section 01 50 10 - Protection of Existing Facilities.

4.5 Provisions concerning responsibilities for the adequacy of data furnished to prospective

Bidders on subsurface conditions, Underground Utilities, and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions, and Supplementary Conditions.

4.6 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any

additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and Underground Utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the WORK and which the Bidder deems necessary to determine its Bid for performing the WORK in accordance with the time, price, and other terms and conditions of the Contract Documents.


4.7 On request a minimum of 2 days in advance, the OWNER will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. WORK conducted on weekends shall be coordinated during regular business hours of the previous week. Location of any excavation or boring shall be subject to prior approval of OWNER and applicable agencies. Bidder shall fill all holes, restore all pavement to match existing structural section, and shall clean up and restore the site to its former condition upon completion of such explorations.

4.8 The lands upon which the WORK is to be performed, rights-of-way, and easements for access thereto and other lands designated for use by the CONTRACTOR in performing the WORK are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the OWNER unless otherwise provided in the Contract Documents.

4.9 The submission of a Bid will constitute an incontrovertible representation by the Bidder

that the Bidder has complied with every requirement of this Paragraph 4 and the following:

A. That the Bid is premised upon performing the WORK required by the Contract

Documents without exception and such means, methods, techniques, sequences, or procedures of construction (if any) as may be required by the Contract Documents;

B. That Bidder has given the ENGINEER written notice of all conflicts, errors, ambiguities,

and discrepancies in the Contract Documents and the written resolution thereof by the ENGINEER is acceptable to the Bidder; and

C. That the Contract Documents are sufficient in scope and detail to indicate and convey

understanding of all terms and conditions for performance of the WORK. 5. BID FORMS. The Bid shall be submitted on the Bid Forms in Section 00 41 00 bound

herein. All blanks on the Bid Forms shall be completed in ink. All names must be printed below the signatures. The Bid shall be submitted in a sealed envelope which shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words “BID for Well 2R & 7 Rehabilitation Project”, the name of the OWNER, the address where bids are to be delivered or mailed to, and the date and hour of opening of Bids.

6. CERTIFICATES.

6.1 Bids by corporations must be executed in the corporate name by the president, a vice-

president, or other corporate officer. Such Bid shall be accompanied by the enclosed Certificate of Authority to sign, attested by the secretary or assistant secretary, and with the corporate seal affixed. The corporate address and state of incorporation must appear below the signature.


6.2 Bids by partnerships must be executed in the partnership name and be signed by a managing partner, accompanied by the enclosed Certificate of Authority to sign, and his/her title must appear under the signature and the official address of the partnership must appear below the signature.

6.3 Bids by joint ventures must be executed in the joint venture name and be signed by a

joint venture managing partner, accompanied by the enclosed Certificate of Authority to sign, and his/her title must appear under the signature and the official address of the joint venture must appear below the signature.

6.4 Bids by limited liability companies must be executed in the limited liability company

name and be signed by a member, accompanied by the enclosed Certificate of Authority to sign, and his/her title must appear under the signature and the official address of the joint venture must appear below the signature.

7. DISQUALIFICATION OF BIDDERS. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the OWNER believes that any Bidder is interested in more than one Bid for the WORK contemplated, all Bids in which such Bidder is interested will be rejected. If the OWNER believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the WORK.

8. QUANTITIES OF WORK. Paragraph not used.

9. SUBSTITUTE OR "OR EQUAL" ITEMS. Whenever materials or equipment are

specified or described in the Contract Documents by using the name of a particular Supplier and the name is followed by the words "or equal", the Bidder may write the name of a substitute Supplier (which the Bidder considers as an "or equal") in the Bid form titled List of Proposed Substitutes. These substitute Suppliers will only be considered after award of the Contract. The procedure for the submittal of substitute or "or equal" products is specified in Section 01600 - Products, Materials, Equipment, and Substitutions. The Bidder shall not be relieved of any obligations of the Contract Documents or be entitled to an adjustment in the Contract Price in the event any proposed substitute manufacturer is not subsequently approved.

10. COMPETENCY OF BIDDERS. In selecting the lowest responsive, responsible

Bidder, consideration will also be given to the general competency of the Bidder for the performance of the WORK covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder’s experience as of recent date on the form entitled “INFORMATION REQUIRED OF BIDDER” in the bid Forms.

11. SUBMISSION OF BIDS. The Bid shall be delivered by the time and to the place

stipulated in the Notice Inviting Bids. It is the Bidder’s sole responsibility to see that its Bid is received in proper time and at the proper place.

12. BID SECURITY, BONDS, AND INSURANCE. Each Bid shall be accompanied by a

certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the OWNER and shall be


given as a guarantee that the Bidder, if awarded the WORK, will enter into an Agreement with the OWNER, and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond; each of said bonds to be in the amount stated in the Supplementary Conditions. In case of refusal or failure to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the OWNER as liquidated damages. The parties recognize that actual damages will be very difficult to determine and that the amount of the bid bond, is a fair and reasonable estimate of damages if the Agreement is not executed. If the Bidder elects to furnish a Bid Bond as its Bid security, the Bidder shall use the Bid Bond form bound herein.

13. DISCREPANCIES IN BIDS. In the event there is more than one Bid item in a Bid

Schedule, the Bidder shall furnish a price for all Bid items in the Schedule, and failure to do so will render the Bid non-responsive and may cause its rejection. In the event there are unit price Bid items in a Bidding schedule and the amount indicated for a unit price Bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly, and the BIDDER shall be bound by said correction. In the event there is more than one Bid item in a Bid Schedule and the total indicated for the Schedule does not agree with the sum of the prices Bid on the individual items, the prices Bid on the individual items shall govern and the total for the Schedule will be corrected accordingly, and the BIDDER shall be bound by said correction.

14. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized

conditions, limitations, or provisos attached to the Bid shall render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineations, alterations, or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic, or telephonic Bids or modifications will not be considered.

15. WITHDRAWAL OF BID. The Bid may be withdrawn by the Bidder by means of a written

request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of Bids prior to the scheduled closing time for receipt of Bids.

16. AWARD OF CONTRACT. Award of the Contract, if awarded, will be made to the lowest

responsive, responsible Bidder based on the TOTAL BID PRICE whose Bid complies with the requirements of the Contract Documents. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid Items in an individual Bid Schedule.

17. RETURN OF BID SECURITY. Within 14 days after award of the contract, the OWNER

will, if requested, return the Bid securities accompanying such Bids that are not being considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned, if requested, to the respective Bidders who’s Bids they accompany.

18. EXECUTION OF AGREEMENT. The Bidder to whom award is made shall execute a

written Agreement with the OWNER on the form of agreement provided reflecting by


incorporation the additions, deletions, or revisions agreed upon, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 14 calendar days after receipt of the agreement forms from the OWNER. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the OWNER may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the OWNER may award the contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such Bidder’s Bid securities shall be likewise forfeited to the OWNER.

19. LIQUIDATED DAMAGES. The Agreement contains a provision for Liquidated Damages.

Please carefully read the Agreement and all other Contract Documents before submitting a bid.

20. SALES TAX.

A. Washington State Department of Revenue (DOR) Rule 170 applies to this contract.

Contact DOR for additional information regarding application of Rule 170.

B. All other federal, state, and local sales, use or other taxes as required by federal, state, or local laws shall be included in the various unit bid item prices or other contract amounts.

END OF INSTRUCTIONS TO BIDDERS

Well 2R and 7 Rehabilitation (2019) Bid Forms March 2019 00410-1

BID FORMS

SECTION 00410

ACKNOWLEDGEMENT OF BID AND ADDENDA

BID TO: CITY OF BREMERTON (WASHINGTON) PUBLIC WORKS AND UTILITIES ENGINEERING DIVISION

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an

Agreement with the OWNER in the form included in the Contract Documents to perform the WORK as specified or indicated in said Contract Documents entitled “Well 2R & 7 Rehabilitation (2019).”

2. Bidder accepts all of the terms and conditions of the Contract Documents, including without

limitation those in the Notice Inviting Bids and Instruction to Bidders, dealing with the disposition of Bid Security.

3. This Bid will remain open for the period stated in the "Notice Inviting Bids" unless otherwise

required by law. Bidder will enter into an Agreement within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders,” and will furnish the insurance certificates, Payment Bond, and Performance Bond required by the Contract Documents.

4. Bidder has examined copies of all the Contract Documents including the following addenda

(receipt of all of which is hereby acknowledged):

Number Date

Failure to acknowledge addenda shall render the bid non-responsive and shall be cause for its rejection.

5. Bidder has familiarized itself with the nature and extent of the Contract Documents, WORK,

site, locality where the WORK is to be performed, the legal requirements (federal, state and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Bidder deems necessary.

To all the foregoing, and including all Bid Forms contained in this Bid, said Bidder further agrees to complete the WORK required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Total Bid Price(s) named in the aforementioned Bid Forms.

Date: __________________________________

Signature: ______________________________

Name of Contractor: _____________________________

Title: __________________________________


BID CERTIFICATE

Indicate (by checking box) the Business Entity Type:

□ Corporation □ Joint Venture □ Limited Liability Corporation □ Partnership

STATE OF _____________ ) ) SS:

COUNTY OF ____________ )

I HEREBY CERTIFY that a meeting of the Board of Directors, Principals, Members, or Partners (as

applicable) of ________________________________________________________________

______________________________________ [business entity name], a corporation, joint venture,

limited liability company, or partnership existing under the laws of the State of __________, was held on

______________________, 20___, and the following resolution was duly passed and adopted:

"RESOLVED, that _______________________________________________________

_________________ [name(s) of officers], as ________________________________

[officer title] of the _______________________ [business entity type], be and is/are

hereby authorized to execute the Bid dated ____________________, 20___, to the City

of Bremerton, and that execution thereof shall be the official act and deed of

_________________________________________________ [business entity name]."

(The City requires the signatures of the President or Secretary of corporations; the Managing Partner of

joint ventures; the Members of limited liability companies; and an authorized Partner of partnerships.)

I further certify that said resolution is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand this _____, day of _______________, 20___.

_____________________________________ Business Entity Name

_____________________________________ Officer Signature

_____________________________________ Title

(SEAL) _____________________________________ Additional Officer Signature for LLC Members only


BID SCHEDULE (PAGE 1 OF 2)

Following is the Bid Schedule for construction of the project Well 2R & 7 Rehabilitation (2019) in accordance with the Contract Documents. The Bid Schedule must be completed by the Bidder by filling in each blank. The cost item shall be in dollars and cents, using numerals only. Failure to do so will render the bid non-responsive and will cause its rejection. NOTE ON SALES TAX: Washington State Department of Revenue Rule 170 applies to this project. Bids will be evaluated on the basis of the TOTAL BID PRICE.

Schedule A – Well 2R Rehabilitation

Bid Item # Description Unit # of Units Unit Cost Total Amount

A.1 Mobilization LS ----- ----- $

A.2 Water Quality Protection LS ----- ----- $

A.3 Well Video Inspection LS ----- ----- $

A.4 Rehabilitation – Authorized Hourly Field Work Hours 100 $ $

A.5 Rehabilitation – Authorized Hourly Shop Work Hours 10 $ $

A.6 Purchase Well 2R Pumping Equipment LS ----- ----- $ 40,000

A.7 Install Well 2R Pumping Equipment LS ----- ----- $

SCHEDULE A TOTAL $


BID SCHEDULE (PAGE 2 OF 2)

Schedule B – Well 7 Rehabilitation

Bid Item # Description Unit # of Units Unit Cost Total Amount

B.1 Mobilization LS ----- ----- $

B.2 Water Quality Protection LS ----- ----- $

B.3 Well Video Inspection LS ----- ----- $

B.4 Rehabilitation – Authorized Hourly Field Work Hours 100 $ $

B.5 Rehabilitation – Authorized Hourly Shop Work Hours 10 $ $

B.6 Purchase Well 7 Pumping Equipment LS ----- ----- $ 40,000

B.7 Install Well 7 Pumping Equipment LS ----- ----- $

SCHEDULE B TOTAL $

SUBTOTAL 1: SCHEDULE A TOTAL plus SCHEDULE B TOTAL $

FORCE ACCOUNT $ 15,000.00

SUBTOTAL 2: SUBTOTAL 1 plus FORCE ACCOUNT

SALES TAX: 9% of SUBTOTAL 2

TOTAL BID PRICE: SUBTOTAL 2 plus SALES TAX $


BID BOND

KNOW ALL MEN BY THESE PRESENTS,

That _________________________________________________________________________ as Principal, and __________________________________________________________________________ as Surety, are

held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of ________________________________________________________________ dollars, (not less than 5 percent of the total amount of the Bid)

for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal has submitted a Bid to said OWNER to perform the WORK required under the bidding schedule(s) of the OWNER's Contract Documents entitled Well 2R & 7 Rehabilitation (2019).

If the Principal is awarded the Bid and, within ten (10) calendar days after receipt of the Contract Document forms from the OWNER, fails to provide the OWNER with the duly executed Agreement; the duly executed Certificates of Insurance, the duly executed Performance Bond and the duly executed Payment Bond, all as specified in the Contract Documents, then the Surety shall, without condition and within 5 calendar days from written demand from the OWNER, pay to the OWNER in U.S. funds, by certified or cashier’s check, the full amount of this Bid Bond. This Bond shall be irrevocable for 90 days after the bid opening, as defined in the Contract Documents.

The Surety stipulates and agrees that the obligation of said Surety shall in no way be impaired or affected by an extension of the time within which the OWNER may accept such bid and Surety further waives notice of any such extension. In the event suit is brought upon this bond by said OWNER and OWNER prevails, said Principal and Surety shall pay all costs incurred by said OWNER in such suit, including reasonable attorney's fees and costs to be fixed by the court.

SIGNED AND SEALED, this ______day of_______, 2019

____________________________ ________________________________ (Principal) (Surety)

By: __________________________ By:_____________________________

(Signature and Seal) (Signature and Seal)

(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)

Address of Surety to which all notices shall be sent

Address for Service of Process (must be a physical address)


LIST OF SUBCONTRACTORS

The Bidder shall provide the following information, and included with this bid or submitted within 24 hours of the Bid Opening, for each Subcontractor who will perform work or labor or render service to the CONTRACTOR in or about the construction of the work or improvement in an amount in excess of 10 percent of the CONTRACTOR's total bid. “Rendering service” includes a subcontractor that specially fabricates and installs a portion of the work or improvement. The CONTRACTOR shall list only one Subcontractor for each portion of the WORK as is defined by the CONTRACTOR in its bid. If no Subcontractor is listed, the bidder acknowledges that it does not intend to use any subcontractor whose work on the CONTRACT will exceed 10 percent of the bid price. Attach additional sheets if required.

SUBCONTRACTOR Company Name: Subcontractor License #: Work to be performed: Address: Phone #: Bid Amount and % of Total Bid:





INFORMATION REQUIRED OF BIDDER PAGE 1 of 2

The Bidder shall furnish the following information. Additional sheets shall be attached as required. Failure to complete these items will cause the Bid to be non-responsive and may cause its rejection. In any event, no award will be made until all of the Bidder’s General Information is delivered to the OWNER. Contractor Name: ____________________________________________________ Primary Classification: __________________________________________________ Address: ______________________________________________________________________ _______________________________________________________________________________ Telephone: ___________________________________________ Fax number: __________________________________________ E-mail address: _______________________________________ Name and contact information for proposed Project Manager: ________________________________________________________________________________ ________________________________________________________________________________ Washington Unified Business Identifier (UBI) number: _____________________________________ Employment Security Department number: _____________________________________________ Washington Industrial Insurance number: _______________________________________________ Washington State Excise Tax Registration number: ______________________________________ Washington State Contractor's Registration number and expiration date: ______________________ _______________________________________________________ City of Bremerton Business License number: ____________________________________________ (if not available, must be obtained prior to starting construction) Name, address, and telephone number of Surety Company and agent who will provide the required bonds this contract: ___________________________________________________________________________________ ___________________________________________________________________________________


INFORMATION REQUIRED OF BIDDER PAGE 2 of 2

To be considered for award, the CONTRACTOR shall have completed at least three (3) projects of

similar type, complexity, and comparable value to that WORK described in Notice Inviting Bids.

ATTACH TO THIS BID a list of three (3) projects minimum, completed by the CONTRACTOR, that

are similar to the project Well 2R & 7 Rehabilitation (2019) in nature, value, and complexity of

work. The projects must have been completed under the bidder’s name as the prime (general)

contractor within the last ten (10) years. The list shall include the following information as a

minimum:

Names, address, and telephone number of owner.

Name of project.

Location of project.

Brief description of the work involved.

Contract amount.

Date of completion of contract.

Name, address, and telephone number of architect or engineer.

Name of owner’s project engineer.

Also provide the following information:

• List of major equipment.

• Years in business under current name.

• Contracts now in hand, gross amount, and percent complete.


NON-COLLUSION AFFIDAVIT

STATE OF ) ) ss.

COUNTY OF )

, being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Signed:

Subscribed and sworn to before me

this day of , 2019

Notary Public in and for the

County of

State of

(SEAL)


CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OF VOLUNTARY EXCLUSION

1. The CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot.

2. The CONTRACTOR shall provide immediate written notice to the Department if at any time the

CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,

person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department for assistance in obtaining a copy of those regulations.

4. The CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person

who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.

5. The CONTRACTOR further agrees by signing this agreement, that it will include this clause titled

“Certification Regarding Suspension, Debarment, Ineligibility Or Voluntary Exclusion” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

6. Pursuant to 2CFR180.330, the CONTRACTOR is responsible for ensuring that any lower tier covered

transaction complies with certification of suspension and debarment requirements.

7. CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment.

8. CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors,

are not suspended or debarred, and will make this proof available to the Department upon request. RECIPIENT/CONTRACTOR must run a search in www.sam.gov and print a copy of completed searches to document proof of compliance.

Signature Date

Name and title of signer (please type)

http://www.sam.gov/


CERTIFICATION OF NON-SEGREGATED FACILITIES

(Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.)

The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certified, further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract.

As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or area, in fact, segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed contractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such, certification in this file.

Signature Date

Name and title of signer (please type)

NOTE: THIS FORM SHALL BE COMPLETED IN FULL AND SUBMITTED WITH THE BID PROPOSAL


Certification of Compliance with Wage Payment Statutes

The undersigned bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, that the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction.

“I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.” Signature: Date:

Print Name and Title: Location or Place executed: (City, State)

Check One: Individual ☐ Partnership ☐ Joint Venture ☐ Corporation ☐ State of Incorporation, or if not a corporation, State where business entity was formed:

If a co-partnership, give firm name under which business is transacted:

* If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner.

END OF BID FORMS

Well 2R and 7 Rehabilitation (2019) Agreement March 2019 00521-1

AGREEMENT

SECTION 00521

THIS AGREEMENT is dated the day of in the year 2019

by and between City of Bremerton (hereinafter called OWNER) and

(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1. WORK.

CONTRACTOR shall complete the WORK as specified or indicated in the OWNER's Contract Documents entitled Well 2R & 7 Rehabilitation (2019).

ARTICLE 2. CONTRACT TIMES.

Substantial Completion for the entire WORK must be achieved not later than 100 calendar days from the date of Notice to Proceed. Final Completion and Acceptance of the Work must be achieved not later than thirty (30) calendar days after Substantial Completion.

ARTICLE 3. LIQUIDATED DAMAGES.

OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER $500 for each day that expires after the time specified in Article 2.

ARTICLE 4. CONTRACT PRICE.

OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s).

(Contractor Initials)


ARTICLE 5. PAYMENT PROCEDURES.

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

ARTICLE 6. CONTRACT DOCUMENTS.

The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement (Section 00521) and the following attachments to this Agreement:

• Notice Inviting Bids

• Bidder’s Checklist (Section 00211).

• Instructions to Bidders (Section 00213).

• Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all

required certificates and affidavits (Section 00410). • Performance Bond (Section 00611).

• Payment Bond (Section 00616).

• General Conditions (Section 00721).

• Supplementary Conditions (Section 00731).

• Technical Specifications as listed in the Table of Contents, including appendices.

• Drawings as listed in the List of Drawings.

• Addenda numbers to , inclusive.

• Change Orders which may be delivered or issued after Effective Date of the Agreement and are not

attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Paragraph 3.04 of the General Conditions.

ARTICLE 7. WAIVER OF IMMUNITY.

The CONTRACTOR and OWNER acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. The CONTRACTOR and OWNER acknowledge and agree to the requirements for indemnification in the Contract. The provisions of this article shall survive the termination or expiration of this agreement.

(Contractor Initials)


ARTICLE 8. SUSPENSION OF WORK AND TERMINATION

The Contractor agrees to the right of the OWNER to suspend work or terminate this agreement as indicated in Article 15 of Section 00721 (Standard General Conditions) and Section 00731 (Supplementary Conditions).

ARTICLE 9. ASSIGNMENT

No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The OWNER, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the OWNER may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers.

OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written.

OWNER: City of Bremerton ____ CONTRACTOR: _________________________

NAME, TITLE: ____________________________ NAME, TITLE:___________________________

[Corporate Seal]

Attest: __________________________________ Attest: ________________________________

Address for giving notice: Address for giving notice:

Approved as to form: License No._____________________________

_______________________________________ (Signature)

_______________________________________ (Title) Agent for service of process: ______________________________________


AGREEMENT CERTIFICATE (if Corporation)

STATE OF )

) SS: COUNTY OF )

I HEREBY CERTIFY that a meeting of the Board of Directors of the

a corporation existing under the laws of the State of , held on , 2019, the following resolution was duly passed and adopted:

"RESOLVED, that , as President of the Corporation, be and is hereby authorized to execute the Agreement dated , 2019, by and between this Corporation and City of Bremerton and that his/her execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation."


IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this , day of , 2019.

Secretary (SEAL)


AGREEMENT CERTIFICATE (if Partnership)

STATE OF )

) SS: COUNTY OF )

I HEREBY CERTIFY that a meeting of the Partners of the

a partnership existing under the laws of the State of , held on , 2019, the following resolution was duly passed and adopted:

"RESOLVED, that , as of the Partnership, be and is hereby authorized to execute the Agreement dated , 2019, by and between this Partnership and City of Bremerton and that his/her execution thereof, attested by the shall be the official act and deed of this Partnership."


IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 2019.

Partner (SEAL)


AGREEMENT CERTIFICATE (if Joint Venture)

STATE OF )

) SS: COUNTY OF )

I HEREBY CERTIFY that a meeting of the Principals of the

a joint venture existing under the laws of the State of , held on

, 2019, the following resolution was duly passed and adopted:

"RESOLVED, that , as of the Joint Venture, be and is hereby authorized to execute the Agreement dated , 2019, by and between this Joint Venture and City of Bremerton and that his/her execution thereof, attested by the shall be the official act and deed of this Joint Venture."



Managing Partner (SEAL)


AGREEMENT CERTIFICATE (if Limited Liability Company)

STATE OF )

) SS: COUNTY OF )

I HEREBY CERTIFY that a meeting of the Members of the

a Limited Liability Company existing under the laws of the State of , held on

, 2019, the following resolution was duly passed and adopted:

"RESOLVED, that , and as members of the Limited Liability Company, be and are hereby authorized to execute the Agreement dated , 2019, to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company.”



A Limited Liability Company

By: Member

(SEAL)

By; Member

END OF AGREEMENT FORMS

Well 2R and 7 Rehabilitation (2019) Performance Bond March 2019 00611-1

PERFORMANCE BOND

SECTION 00611

KNOW ALL MEN BY THESE PRESENTS,

That as CONTRACTOR,

and as Surety,

are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of

dollars,


THE CONDITIONS OF THIS OBLIGATION ARE SUCH that said CONTRACTOR has been awarded and is about to enter into the annexed Agreement with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled “City of Bremerton, Department of Public Works and Utilities, Bremerton, Washington, Well 2R & 7 Rehabilitation (2019)”; now, therefore,

In the event CONTRACTOR fails to timely or properly perform any of the requirements of the Contract Documents at the times and in the manner contained therein, the Surety shall be liable under this bond up to the amount of the bond for the full amount of the OWNERS’s expenses to construct or repair all work as well as all loss, cost, expense or damage suffered by the OWNER in excess of the Contract amount due to the CONTRACTOR’S failure to comply with any contract or permit conditions or other applicable laws and regulations.

The Surety agrees that within thirty (30) calendar days of receiving notice that the OWNER has declared a CONTRACTOR default and formally terminated the CONTRACTOR’S right to complete the Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms guaranteed by this bond, the Surety shall either:

1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable

period of time acceptable to the OWNER. The OWNER agrees to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract, or

2. Tender to the OWNER the demanded sum, up to the amount of the bond. However, if the amount necessary for the OWNER to cure the default is less than the amount tendered, the OWNER will return, without interest, any overpayment to the Surety.

PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety hereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety.

The obligation of the Surety shall include reimbursing the City for all costs and expenses,

Well 2R and 7 Rehabilitation (2019) Performance Bond March 2019 00611-2

(including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond.

The CONTRACTOR hereby agrees that the CONTRACTOR’S obligation to perform the required work is not limited to the amount of funds held by the Surety. This bond is irrevocable and cannot be canceled by the Surety or the CONTRACTOR.

This bond shall remain in full force and effect for a period of one (1) year following final acceptance of the project by the City, and until the bond is released in writing by the OWNER at the written request of the Surety or CONTRACTOR.

IN WITNESS WHEREOF, we have hereunder set our hands and seals this day of , 2019.

(CONTRACTOR) (Surety) By: By: (Signature and SEAL) (Signature and SEAL) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)

Address of Surety to which all notices shall be sent:

Address of Surety for service of process: (must be a physical address)

Well 2R and 7 Rehabilitation (2019) Payment Bond March 2019 00611-1

PAYMENT BOND

SECTION 00616

KNOW ALL MEN BY THESE PRESENTS, That as CONTRACTOR,

and as Surety,

are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of

dollars,


THE CONDITIONS OF THIS OBLIGATION ARE SUCH that said CONTRACTOR has been awarded and is about to enter into the annexed Agreement with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled “City of Bremerton, Department of Public Works and Utilities, Bremerton, Washington, Well 2R & 7 Rehabilitation (2019)”; now, therefore,

If said CONTRACTOR, or subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or corporations entitled to file claims under applicable State law so as to give a right of action to them or their assigns in any suit brought upon this bond.

PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety.

The obligation of the Surety shall include reimbursing the City of all costs and expenses, (including, but not limited to fee and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond.

Well 2R and 7 Rehabilitation (2019) Payment Bond March 2019 00611-2

IN WITNESS WHEREOF, we have hereunder set our hands and seals this day of , 2019.

(CONTRACTOR) (Surety)

By: By: (Signature and SEAL) (Signature and SEAL)

(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)

Address of Surety to which all notices shall be sent:

Address of Surety for service of process: (must be a physical address)

Version: 5-06-15

CITY OF BREMERTON STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

(703) 548-3118 www.agc.org

The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

http://www.nspe.org/

http://www.acec.org/

http://www.asce.org/

http://www.agc.org/

CITY OF BREMERTON STANDARD GENERAL CONDITIONS

CITY OF BREMERTON STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS Page

Article 1 – Definitions and Terminology ............................................................................................................... 1

1.1 Defined Terms ............................................................................................................................. 1 1.2 Terminology ....................................................................................................................................... 6

Article 2 – Preliminary Matters ......................................................................................................................... 7 2.1 Delivery of Bonds and Evidence of Insurance ........................................................................... 7 2.2 Copies of Documents ......................................................................................................................... 7 2.3 Commencement of Contract Times; Notice to Proceed ............................................................... 7 2.4 Starting the Work. ............................................................................................................................... 7 2.5 Before Starting Construction ........................................................................................................ 8 2.6 Preconstruction Conference; Designation of Authorized Representatives .................................... 8 2.7 Initial Acceptance of Schedules ................................................................................................... 8

Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 9 3.1 Intent ............................................................................................................................................. 9 3.2 Reference Standards ..................................................................................................................... 9 3.3 Reporting and Resolving Discrepancies ...................................................................................... 9 3.4 Amending and Supplementing Contract Documents .................................................................... 10 3.5 Reuse of Documents ......................................................................................................................... 11 3.6 Electronic Data ........................................................................................................................... 11

Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ..................................................................................................... 11

4.1 Availability of Lands .................................................................................................................. 11 4.2 Subsurface and Physical Conditions .......................................................................................... 12 4.3 Differing Subsurface or Physical Conditions ............................................................................. 12 4.4 Underground Facilities ............................................................................................................... 13 4.5 Reference Points ......................................................................................................................... 14 4.6 Hazardous Environmental Condition at Site .............................................................................. 15

Article 5 – Bonds and Insurance ..................................................................................................................... 16 5.1 Performance, Payment, and Other Bonds .................................................................................. 16


5.2 Licensed Sureties and Insurers ................................................................................................... 17 5.3 Certificates of Insurance ............................................................................................................. 17 5.4 Contractor’s Insurance ................................................................................................................ 17

ARTICLE 6—contractor’s Responsibilities ................................................................................................... 21 6.1 Supervision and Superintendence .............................................................................................. 21 6.2 Labor; Working Hours ................................................................................................................ 21 6.3 Services, Materials, and Equipment ................................................................................................ 22 6.4 Progress Schedule ....................................................................................................................... 22 6.5 Proposed Substitutions or "Or-Equal" Item ............................................................................... 22 6.6 Concerning Subcontractors, Suppliers, and Others .................................................................... 25 6.7 Patent Fees and Royalties ........................................................................................................... 26 6.8 Permits ............................................................................................................................................... 27 6.9 Laws and Regulations ................................................................................................................. 27 6.10 Taxes ........................................................................................................................................... 28 6.11 Use of Site and Other Areas ....................................................................................................... 28 6.12 Record Documents............................................................................................................................ 29 6.13 Safety and Protection .................................................................................................................. 29 6.14 Safety Representative ................................................................................................................. 30 6.15 Hazard Communication Programs .............................................................................................. 30 6.16 Emergencies ...................................................................................................................................... 30 6.17 Submittals .......................................................................................................................................... 31 6.18 Continuing the Work ........................................................................................................................ 32 6.19 Contractor’s General Warranty and Guarantee .......................................................................... 33 6.20 Indemnification ................................................................................................................................. 33 6.21 Delegation of Professional Design Services .............................................................................. 35

Article 7 – Other Work at the Site ................................................................................................................... 35 7.1 Related Work at Site ................................................................................................................... 35 7.2 Coordination ............................................................................................................................... 36 7.3 Legal Relationships .................................................................................................................... 37

Article 8 – Owner’s Responsibilities ............................................................................................................... 37 8.1 Communications to Contractor ................................................................................................... 37 8.2 Replacement of Engineer............................................................................................................ 37 8.3 Furnish Data. ............................................................................................................................... 37 8.4 Pay When Due ............................................................................................................................ 37


8.5 Lands and Easements; Reports and Tests .................................................................................. 37 8.6 Insurance ..................................................................................................................................... 37 8.7 Change Orders ............................................................................................................................ 38 8.8 Inspections, Tests, and Approvals .............................................................................................. 38 8.9 Limitations on Owner’s Responsibilities ................................................................................... 38 8.10 Undisclosed Hazardous Environmental Condition. ................................................................... 38 8.11 Compliance with Safety Program ............................................................................................... 38

Article 9 – Engineer’s Status During Construction ......................................................................................... 38 9.1 Owner’s Representative .............................................................................................................. 38 9.2 Visits to Site ................................................................................................................................ 38 9.3 Resident Project Representative ................................................................................................. 39 9.4 Authorized Variations in Work ....................................................................................................... 39 9.5 Rejecting Defective Work ................................................................................................................ 39 9.6 Submittals, Change Orders and Payments ...................................................................................... 39 9.7 Determinations for Unit Price Work ............................................................................................... 40 9.8 Decisions on Requirements of Contract Documents and Acceptability of Work ....................... 40 9.9 Limitations on Engineer’s Authority and Responsibilities ........................................................ 40

Article 10 – Changes in the Work; Claims ..................................................................................................... 41 10.1 Authorized Changes in the Work .................................................................................................... 41 10.2 Unauthorized Changes in the Work ................................................................................................ 41 10.3 Execution of Change Orders ...................................................................................................... 41 10.4 Notification to Surety ................................................................................................................. 42 10.5 Claims ......................................................................................................................................... 42

Article 11 – Cost of the Work; Allowances; Unit Price Work. .......................................................................... 43 11.1 Cost of the Work ............................................................................................................................... 43 11.2 Allowances.................................................................................................................................. 45 11.3 Unit Price Work ................................................................................................................................ 46

Article 12 – Change of Contract Price; Change of Contract Times ................................................................... 47 12.1 Change of Contract Price ............................................................................................................ 47 12.2 Change of Contract Times ............................................................................................................... 50 12.3 Delays ......................................................................................................................................... 50

Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................... 51 13.1 Notice of Defects ........................................................................................................................ 51 13.2 Access to Work ................................................................................................................................. 51


13.3 Tests and Inspections .................................................................................................................. 52 13.4 Uncovering Work ............................................................................................................................. 53 13.5 Owner May Stop the Work .............................................................................................................. 53 13.6 Correction or Removal of Defective Work .................................................................................... 53 13.7 Correction Period ........................................................................................................................ 54 13.8 Acceptance of Defective Work ........................................................................................................ 54 13.9 Owner May Correct Defective Work .............................................................................................. 55

Article 14 – Payments to Contractor and Completion ........................................................................................ 56 14.1 Schedule of Values ..................................................................................................................... 56 14.2 Progress Payments ............................................................................................................................ 56 14.3 Contractor’s Warranty of Title ................................................................................................... 60 14.4 Substantial Completion .................................................................................................................... 60 14.5 Partial Utilization ........................................................................................................................ 60 14.6 Final Inspection ........................................................................................................................... 61 14.7 Final Payment.................................................................................................................................... 61 14.8 Final Completion Delayed .......................................................................................................... 63 14.9 Waiver of Claims ........................................................................................................................ 64

Article 15 – Suspension of Work and Termination ............................................................................................. 64 15.1 Owner May Suspend Work ............................................................................................................. 64 15.2 Owner May Terminate for Cause ............................................................................................... 64 15.3 Owner May Terminate For Convenience ................................................................................... 65 15.4 Contractor May Stop Work or Terminate ....................................................................................... 66

Article 16 – Dispute Resolution ...................................................................................................................... 67 16.01 Methods and Procedures ............................................................................................................. 67

Article 17 – Miscellaneous .............................................................................................................................. 67 17.1 Giving Notice .............................................................................................................................. 67 17.2 Computation of Times ...................................................................................................................... 67 17.3 Cumulative Remedies ....................................................................................................................... 67 17.4 Survival of Obligations ............................................................................................................... 67 17.5 Controlling Law .......................................................................................................................... 68 17.6 Headings ..................................................................................................................................... 68 17.7 Administrative Procedures and Forms ....................................................................................... 68 17.8 Right to Audit ............................................................................................................................. 68 17.9 Severability ................................................................................................................................. 69


17.10 Waiver ................................................................................................................................................ 69 Article 18 – WASHINGTON STATE REQUIREMENTS ........................................................................... 69

18.1 Trench Excavation Safety Systems ............................................................................................ 69 18.2 Payment of Prevailing Wages .......................................................................................................... 69 18.3 Water Pollution Control Requirements ........................................................................................... 71 18.4 Prevention of Environmental Pollution & Preservation of Public Natural Resources .............. 71

THIS PAGE LEFT INTENTIONALLY BLANK

CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-1

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.1 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Act of God – An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature.

Rain, wind, flood or other natural phenomenon of intensity less than that recorded for the locality of the Work shall not be construed as an Act of God and no reparation shall be made to Contractor for damage to the Work resulting there from.

2. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,

correct, or change the Bidding Requirements or the proposed Contract Documents.

3. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work.

4. Application for Payment—The form acceptable to Engineer which is to be used by

Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

5. Asbestos—Any material that contains more than one percent asbestos and is friable or is

releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the

prices for the Work to be performed.

7. Bid Bond – The security to be furnished by the Bidder on the form furnished as a guaranty of good faith to enter into a contract for the Work contemplated if it be awarded to Bidder.

8. Bidder—The individual or entity who submits a Bid directly to Owner.

9. Bidding Documents—The Bidding Requirements and the proposed Contract Documents

(including all Addenda).

10. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements.

11. Change Order—A document recommended by Engineer which is signed by Contractor and

Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.


12. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

13. Clarification – A written document issued by the Engineer to the Contractor that interprets

the requirements and/or design intent of the Contract Documents, which may not represent an addition, deletion, or revision in the Work or an adjustment of the Contract Price or the Contract Times. Request For Clarification forms will be provided by the Owner for the Contractor’s use when seeking Clarification.

14. Conformed Contract Documents – Contract Documents issued for construction that include

the Agreement, Bonds, Insurance and Addenda.

15. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

16. Contract Documents—Those items so designated in the Agreement. Only printed or hard

copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents.

17. Contract Price—The moneys payable by Owner to Contractor for completion of the Work

in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work).

18. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve

Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment.

19. Contractor—The individual or entity with whom Owner has entered into the Agreement.

20. Cost of the Work—See Paragraph 11.01 for definition.

21. Design Engineer – The City’s Consulting Engineer, or staff Engineer who prepared the

drawings and specifications.

22. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.

23. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes

effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

24. Engineer—The Engineer is defined as the City Engineer of the City of Bremerton,

Washington.


25. Engineer’s Project Manager – The authorized agent or employee of the Engineer, designated by the Engineer to represent the Engineer in performing the Engineer’s duties related to the Work.

26. Final Completion and Acceptance – The time when all incomplete WORK has been

completed, all Defective Work has been corrected or accepted by the Engineer and Owner, and all of the Contractor’s duties and requirements have been satisfactorily discharged, as evidenced by the Engineer’s Notice of Final Completion and Acceptance.

27. General Requirements—Sections of Division 1 of the Specifications.

28. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs,

Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto.

29. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section

1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

30. Holiday—A non-working day corresponding to a legal holiday adopted by the City of

Bremerton City Council, during which City offices are closed.

31. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

32. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or

personal property.

33. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

34. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon

timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement.

35. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which

the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents.

36. Owner—The Owner is defined as the City of Bremerton, located at 345 6th Street, WA

98337.

37. Payment Bond – The form of security approved by the Owner and furnished by the Contractor and Contractor's Surety guaranteeing payment for all labor, materials, services and equipment furnished for use by the Contractor in performance of the Contract.

38. PCBs—Polychlorinated biphenyls.


39. Performance Bond – The form of security approved by the Owner and furnished by the Contractor and Contractor's Surety guaranteeing the complete and faithful performance of all the obligations and conditions placed upon the Contractor by the Contract.

40. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at

standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils.

41. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the

sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times.

42. Project—The total construction of which the Work to be performed under the Contract

Documents may be the whole, or a part.

43. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

44. Resident Project Representative—The authorized agent or employee of the Engineer

designated by the Engineer to represent the Engineer in on-site Work. The Resident Project Representative will act as directed by and under the supervision of the Engineer’s Project Manager.

45. Samples—Physical examples of materials, equipment, or workmanship that are

representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

46. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required

submittals and the time requirements to support scheduled performance of related construction activities.

47. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating

portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

48. Seller—The person, firm, or corporation with whom Owner has entered into the Agreement

to furnish Goods and Special Services.

49. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

50. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner

upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor.


51. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

52. Subcontractor—An individual or entity having a direct contract with Contractor or with any

other Subcontractor for the performance of a part of the Work at the Site.

53. Substantial Completion—The time at which the Work (or a specified part thereof) has reached a level of completion where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, to be utilized for the purposes for which it is intended, as evidenced by Engineer’s Notice of Substantial Completion. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

54. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an

award.

55. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions.

56. Supplier—A manufacturer, fabricator, supplier, distributor, material man, or vendor having

a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor.

57. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,

manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

58. Unit Price Work—Work to be paid for on the basis of unit prices.

59. Work—The entire construction or the various separately identifiable parts thereof required

to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

60. Work Change Directive—A written statement to Contractor issued on or after the Effective

Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times.


1.2 Terminology

A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as

directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents.

C. Day:

1. The word “day” means a calendar day of 24 hours measured from midnight to the next

midnight.

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:

a. does not conform to the Contract Documents; or

b. does not meet the requirements of any applicable inspection, reference standard, test,

or approval referred to in the Contract Documents; or

c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05).

E. Furnish, Install, Perform, Provide:

1. The word “furnish,” when used in connection with services, materials, or equipment, shall

mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall

mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.


3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. When “furnish,” “install,” or “perform,” are not used in connection with services, materials,

or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied.

F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known

technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 – PRELIMINARY MATTERS

2.1 Delivery of Bonds and Evidence of Insurance

A. When the Contractor delivers the signed Agreement to the Owner, the Contractor shall also

deliver such Bonds, insurance policies and insurance certificates in the number of copies as the Contractor may be required to furnish in accordance with the Contract Documents.

2.2 Copies of Documents

A. The Owner shall furnish to the Contractor five copies of Conformed Contract documents

including Specifications, and reduced size Drawings. Additional copies and up to two full sized sets of Drawings will be furnished upon Contractor’s written request at the cost to the Owner of reproduction, handling and shipping.

2.3 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the day indicated in the Notice to Proceed. A

Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement.

B. Within sixty (60) calendar days following opening of Bids, the lowest responsive, responsible

Bidder will be furnished with Notice of Award accomplished by three copies each of the Contract Documents in form for Signatures.

C. Within fifteen (15) business days after receiving from the Owner Notice of Award and the

Contract Documents in form for signing, Contractor shall sign and return the Contractor Documents and furnish to the Owner such Bonds and certificates of insurance as are required herein.

2.4 Starting the Work

A. Contractor shall start to perform the Work within 10 days of the Notice to Proceed. No Work

shall be done at the Site prior to the Notice to Proceed.


2.5 Before Starting Construction

A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review:

1. A preliminary Progress Schedule indicating the times (numbers of days or dates) for

starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents;

2. A preliminary Schedule of Submittals; and

3. A preliminary Schedule of Values for all of the Work which includes quantities and prices

of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

4. A schedule of proposed substitute (or-equal) Submittals.

2.6 Preconstruction Conference; Designation of Authorized Representatives

A. Prior to issuance of the Notice to Proceed, a conference attended by Owner, Contractor,

Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.

2.7 Initial Acceptance of Schedules

A. At least 10 days before submission of the first Application for Payment a conference attended

by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to and approved by the Engineer.

1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression

of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.

2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a

workable arrangement for reviewing and processing the required submittals.

3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work.


ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.1 Intent

A. The Contract Documents are complementary; what is required by one is as binding as if required by all.

B. It is the intent of the Contract Documents to describe a functionally complete project (or part

thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner.

C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as

provided in Article 9.

3.2 Reference Standards

A. Standards, Specifications, Codes, Laws, and Regulations

1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual, or code, or any instruction of a

Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.3 Reporting and Resolving Discrepancies

A. Reporting Discrepancies:

1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking

each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby.


2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04.

3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error,

ambiguity, or discrepancy in the Contract Documents unless Contractor had knowledge or should have known thereof.

B. Resolving Discrepancies:

1. In resolving conflicts resulting from errors or discrepancies in any of the Contract

Documents, the order of precedence shall be as follows: a. Permits from other agencies as may be required by law b. Change Orders c. Agreement d. Addenda e. Contractor's Bid (Bid Form) f. Supplementary Conditions g. General Conditions h. Technical Specifications i. Referenced Standard Specifications j. Drawings

With reference to the Drawings the order of precedence is as follows: a. Dimensions govern over scaled dimensions. b. Detail drawings govern over general drawings. c. Addenda and Change Order drawings govern over any other drawings. d. Contract Drawings govern over standard drawings.

2. The provisions of any Laws or Regulations applicable to the performance of the Work

(unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

3.4 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in

the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. However, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized, by one or more of the following ways:

1. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph

6.17.D.3); or


2. Engineer’s written interpretation or clarification.

3.5 Reuse of Documents

A. Contractor and any Subcontractor or Supplier shall not:

1. Have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or

2. Reuse any such Drawings, Specifications, other documents, or copies thereof on extensions

of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer.

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the

Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

3.6 Electronic Data

A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or

Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.

B. Because data stored in electronic media format can deteriorate or be modified inadvertently or

otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party.

C. When transferring documents in electronic media format, the transferring party makes no

representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator.

ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS

4.1 Availability of Lands

A. Owner shall furnish, as indicated in the Contract Documents, the Site upon which the Work is

to be performed, rights-of-way or easements for access thereto, and such other lands which are designated for the use of the Contractor. Nothing contained in the Contract Documents shall be interpreted as giving the Contractor exclusive occupancy of the lands or right-of–way provided. Owner shall notify Contractor of any encumbrances or restrictions not of general


application but specifically related to use of the Site with which Contractor must comply in performing the Work.

B. Contractor shall provide for all additional lands and access thereto that may be required for

temporary construction facilities or storage of materials and equipment.

4.2 Subsurface and Physical Conditions

A. The Supplementary Conditions Identify:

1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings known to Owner of physical conditions relating to existing surface or

subsurface structures at the Site (except Underground Facilities).

B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to:

1. The completeness of such reports and drawings for Contractor’s purposes, including, but

not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or

2. Other data, interpretations, opinions, and information contained in such reports or shown or

indicated in such drawings; or

3. Any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information.

4.3 Differing Subsurface or Physical Conditions

A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or

revealed either:

1. Is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or

2. Is of such a nature as to require a change in the Contract Documents; or

3. Differs materially from that shown or indicated in the Contract Documents;

the Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so.


B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of obtaining additional exploration or tests with respect thereto, and provide a determination in writing to the Contractor.

1. Possible Price and Times Adjustment – If the Owner concludes that a change in the

Contract Documents is required by the newly discovered condition, the Owner will respond to the Contractor’s notification by issuing a Work Change Directive, Change Order or Amendment, as required by paragraph 3.04A. If the Owner concludes that a change in the Contract Documents is NOT required, the Owner will respond to the Contractor’s written notification by issuing written Clarification as required by paragraph 3.04B.

2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times

if:

a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or

b. The existence of such condition could reasonably have been discovered or revealed as

a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment; or

c. Contractor failed to give the written notice as required by Paragraph 4.03.A.

3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if

any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

4.4 Underground Facilities

A. Shown or Indicated: The information and data shown or indicated in the Contract Documents

with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:

1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such

information or data provided by others; and

2. The cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for:


a. Reviewing and checking all such information and data;

b. Locating all Underground Facilities shown or indicated in the Contract Documents;

c. Coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and

d. The safety and protection of all such Underground Facilities and repairing any

damage thereto resulting from the Work.

3. The Contractor shall notify the Washington State One Number Locator Service, Phone No. 1-800-424-5555, at least 2 business days in advance of the commencement of Excavation at any site, and shall strictly comply with the requirements of RCW 19.122, et seq. at all times during the WORK. The Contractor shall be responsible for making itself aware of utility company facilities not reported by the Washington State One Number Locator Service, and shall be liable for any and all damages stemming from repair or delay costs or any other expenses resulting from the unanticipated discovery of underground utilities.

B. Not Shown or Indicated:

1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was

not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

2. If Engineer concludes that a change in the Contract Documents is required, a Work Change

Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. However, Owner, Engineer, and Design Engineer, shall not be liable to Contractor for any claims, costs, losses or damages incurred or sustained by Contractor on or in connection with any other project or anticipated project.

4.5 Reference Points

A. Owner shall provide engineering surveys to establish reference points for construction which in

Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established


reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

4.6 Hazardous Environmental Condition at Site

A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings

known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site.

B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the

accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to:

1. The completeness of such reports and drawings for Contractor’s purposes, including, but

not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or

2. Other data, interpretations, opinions and information contained in such reports or shown or

indicated in such drawings; or

3. Any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information.

C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or

revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.

D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for

whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E.


E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05.

F. If after receipt of such written notice Contractor does not agree to resume such Work based on

a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7.

G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold

harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental

Condition uncovered or revealed at the Site.

ARTICLE 5 – BONDS AND INSURANCE

5.1 Performance, Payment, and Other Bonds

A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents.

B. All bonds shall be in the form prescribed by the Contract Documents except as provided

otherwise by Laws or Regulations.

C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it


ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02.

5.2 Licensed Sureties and Insurers

A. All bonds and insurance required by the Contract Documents to be purchased and maintained

by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions.

5.3 Certificates of Insurance

A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee

identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain.

B. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance

with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.

C. Owner does not represent that insurance coverage and limits established in this Contract

necessarily will be adequate to protect Contractor.

D. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents.

5.4 Contractor’s Insurance

A. The Contractor shall purchase and maintain the insurance required under this paragraph. Such

insurance shall include the specific coverage’s set out herein and be written for not less than the limits of liability and coverage’s provided in paragraph 5.04C, or required by Laws or Regulations, whichever are greater. All insurance shall be maintained continuously during the life of the Agreement up to the date of Final Completion and Acceptance, and at all times thereafter when the Contractor may be correcting, removing, or replacing Defective Work in accordance with Paragraph 13.06. The Contractor’s liabilities under this Agreement shall not be deemed limited in any way to the insurance coverage required.

B. All insurance required by the Contract Documents to be purchased and maintained by the

Contractor shall be obtained from insurance companies that are duly licensed or authorized to issue insurance policies for the limits and coverages so required by the City of Bremerton Insurance companies shall have a current Best’s Rating of at least “A” (Excellent) general policy holder’s rating and a Class VII financial size category and shall also meet such additional requirements and qualifications as may be provided in these General Conditions.


C. The Contractor shall furnish the Owner, with copies to each additional insured who is indicated in these General Conditions, with certificates and original endorsements showing the type, amount, class of operations covered, effective dates and dates of expiration of policies. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, reduced in coverage, or renewal refused until at least 30 days’ prior written notice has been given to the Owner and additional insures by certified mail. All such insurance required herein (except for worker’s compensation and employer’s liability) shall name the Owner, the Engineer, and their consultants and subconsultants and their officer’s, director’s agents, and employees as “additional insured” under the policies. The Contractor shall purchase and maintain the following insurance:

1. Workers' Compensation and Employer's Liability: This insurance shall protect the

Contractor against all claims under applicable workers' compensation laws or federal acts, including claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. This insurance shall include an "all states" endorsement. In the event of a "monopolistic" state, Contractor shall certify all employees are covered by the state fund or shall provide a separate policy providing "all states" benefits. Employer's liability "stop gap" coverage for monopolistic states shall be provided under either a worker's compensation policy or general liability policy. The Contractor shall require each subcontractor similarly to provide workers' compensation insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's workers' compensation insurance. In case any class of employees is not protected under the workers' compensation laws, the Contractor shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of its employees as are not otherwise protected. The Contractor and each Subcontractor shall provide a waiver of subrogation in favor of the Owner and Engineer.

2. Comprehensive or Commercial General Liability: This insurance shall be written in

comprehensive form and shall protect the Contractor against all claims arising from injuries to persons other than its employees or damage to property of the Owner or others arising out of any act or omission of the Contractor or its agents, employees, or subcontractors. The policy shall also include protection against claims insured by personal injury liability coverage, an "owner's and contractor's protective liability" endorsement and contractual coverage to insure the contractual liability assumed by the Contractor under the indemnification provisions in the General Conditions. To the extent that the Contractor's work, or work under its direction, may require blasting, explosive conditions, or underground operations, the comprehensive or commercial general liability coverage shall specifically include coverage relative to blasting, explosion, collapse, and/or underground hazards.

3. Commercial Automobile Liability: This insurance shall be written in comprehensive form

and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover operation on or off the Site of all motor vehicles licensed for highway use, whether they are owned, non-owned, or hired.


4. Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall either require each of the Subcontractors to procure and to maintain subcontractor's public liability and property damage insurance and vehicle liability insurance of the type and in the same amounts specified in these Supplementary Conditions for the Contractor or insure the activities of the Subcontractors under the Contractor's own policies.

5. Builder's Risk:

a. This insurance shall be written in completed value form, and shall protect the Contractor,

Subcontractors, the Owner, and the Engineer, against risks of damage to buildings, structures, and materials and equipment (including any stored off-site and while in transit), Contractors' equipment, debris removal and including demolition and contingent loss occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Engineer's services and expenses required as a result of such insured loss. The amount of such insurance shall be not less than the insurable value of the Work at Final Completion plus equipment. Builder's risk insurance shall provide for losses to be payable to the Contractor and the Owner, as their interests may appear. This insurance shall contain a provision that in the event of payment for any loss under the coverage provided, the insurance company shall have no rights of recovery against the Contractor, the Owner, and the Engineer. This insurance shall insure against all risks of loss (including earthquake, flood and collapse) and, at the option of the Owner, shall include comprehensive boiler and machinery coverage including coverage for installation and testing.

b. If the Owner finds it necessary to occupy or use a portion or portions of the Project prior

to Substantial Completion thereof, such occupancy shall not commence prior to the time mutually agreed to by the Owner and Contractor and to which the insurance company of companies providing the Builder's Risk Insurance have consented by endorsement to the policy or policies.

6. The limits of liability for the insurance required by Article 5 shall provide coverage for not

less than the following amounts or greater, where required by Laws and Regulations. Limits may be provided by a combination of primary and excess liability policies, and then the excess or umbrella liability coverage’s shall include commercial general, comprehensive automobile, and employer’s liability and shall provide coverage at least as broad as the underlying policies.

a. Worker’s Compensation:

1. State: Statutory 2. Applicable Federal (e.g., USL&H): Statutory

Note: If the Work called for in for the Contract Documents involves work in or

on any navigable waters, the Contractor shall provide Worker’s Compensation coverage which shall include coverage under the Longshore and Harbor Workers’ Compensation Act, the Jones Act, Maritime Law, and any other coverage required under Federal or State laws pertaining to workers in or on navigable waters.


3. Employer’s Liability: b. Comprehensive General Liability:

$2,000,000

1. Combined Single Limit $5,000,000 Each Occurrence

(a) Products/Completed $2,000,000 Each Occurrence

(b) Personal Injury $2,000,000 Each Person

2. POLICIES written on a “claims made basis” are not acceptable.

3. Policies shall include premises/operations, products, completed operations, independent contractor’s, owners and contractors protective, explosion, collapse, underground hazard, broad form contractual, personal injury with employment exclusion deleted, and broad form property damage.

c. Comprehensive Automobile Liability (including owned, hired, and non-owned

Vehicles):

1. Bodily Injury: $2,000,000 Each Claimant

2. Property Damage: $2,000,000 Each Occurrence

D. Contractor agrees to waive all rights of subrogation against the Owner, the Engineer, and Consultants, employees, officers and directors, for WORK performed under Contract. Endorsements shall be provided with certificates of insurance.

E. All policies shall also specify that the insurance provided by the Contractor will be considered

primary and not contributory to any other insurance available to the Owner or the Engineer.

F. All policies except Workers’ Compensation and Builders Risk shall name the Owner, Engineer, their consultants, subconsultants, and their officers, directors, agents and employees as additional insured’s. The Builders Risk insurance shall name the Contractor, Owner, and Engineer as named insured’s.

G. The Contractor shall provide the Owner and all additional insureds with written notice of any

policy cancellation within five days of receipt of such notice. Failure to maintain the insurance required shall constitute a material breach of contract, upon which Owner may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Owner on demand, or at the sole discretion of the Owner, offset against funds due the Contractor from the owner.

H. All costs for insurance, including but not limited to premiums, deductible payments or self-

insured retention shall be incidental to and included in the unit or lump sum prices of the contract and no additional payment will be made.


ARTICLE 6—CONTRACTOR’S RESPONSIBILITIES 6.1 Supervision and Superintendence

A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting

such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents.

B. At all times during the progress of the Work, Contractor shall assign a competent resident

superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances.

C. The Contractor’s superintendent shall be present at the Site at all times while the Work is in

progress and shall be available by telephone for emergencies 24 hours per day, 7 days a week. Failure to observe this requirement may result in a suspension of the Work by the Owner until such time as the designated superintendent is again present, full-time, at the Site.

6.2 Labor; Working Hours

A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the

Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site.

B. Except as otherwise required for the safety or protection of persons or the Work or property at

the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. The Contractor shall apply for this consent through the Engineer in writing a minimum of three (3) working days before the holiday or overtime work is to be scheduled.

C. Except as otherwise provided in this Paragraph, the Contractor shall receive no additional

compensation for overtime work, i.e., work in excess of 8 hours in any one calendar day or 40 hours in any one calendar week. Additional compensation will be paid to the Contractor for overtime work only in the event extra work is ordered by the Engineer and the Change Order specifically authorizes the use of overtime work.

D. All increased costs of inspection and testing performed during overtime work by the

Contractor which is allowed solely for the convenience of the Contractor shall be borne by the Contractor. The Owner has the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due to the Contractor.


6.3 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, startup, and completion of the Work.

B. All materials and equipment incorporated into the Work shall be as specified or, if not

specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. No provisions of any such documentation will be effective to assign to the Owner, Engineer or any of their Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work.

C. All materials and equipment shall be stored, applied, installed, connected, erected, protected,

used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.

6.4 Progress Schedule

A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph

2.07 as it may be adjusted from time to time as provided below.

1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto.

2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be

submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order.

6.5 Proposed Substitutions or "Or-Equal" Item

A. Whenever materials or equipment are identified on the “List of Proposed Substitutes” form

located in the Bid Forms by using the name of a proprietary item or the name of a particular manufacturer, the naming of the item is intended to establish the type, function, and quality required. The materials or equipment of other manufacturers may be accepted if sufficient information is submitted by the Contractor to allow the Owner/Engineer to determine that the material or equipment proposed is equivalent or equal to that named, subject to the following requirements:

1. The Contractor shall fill out the bid form in Section 00300 titled “List of Proposed

Substitutes”, indicating the manufacturer/model of the proposed substitute. Wherever a proposed substitution item has not been indicated on this form by the Contractor, the


Contractor shall provide one of the material or equipment products named in the Contract Documents and identified on the “List of Proposed Substitutes” form.

2. The burden of proof as to the type, function, and quality of any such substitution product,

material or equipment shall be upon the Contractor.

3. The Engineer will be the sole judge as to the type, function, and quality of any such substitution and the Engineer's decision shall be final.

4. The Engineer may require the Contractor to furnish additional data about the proposed

substitution.

5. The Owner may require the Contractor to furnish a special performance guarantee or other surety with respect to any substitution.

6. Acceptance by the Engineer of a substitution item proposed by the Contractor shall not

relieve the Contractor of the responsibility for full compliance with the Contract Documents and for adequacy of the substitution.

7. The Contractor shall pay all costs of implementing accepted substitutions, including

redesign and changes to WORK necessary to accommodate the substitution.

B. The procedure for review by the Engineer will include the following:

1. Submit materials in accordance with this section and the General Requirements.

2. The Engineer will evaluate each proposed substitution within a reasonable period of time.

3. The Engineer will record the time required by the Engineer in evaluating submittals for substitutions proposed by the Contractor and in making changes by the Contractor in the Contract Documents occasioned thereby.

C. The Contractor's submittal shall address the following factors which will be considered by the

Owner/Engineer in evaluating the proposed substitution: 1. Whether the evaluation and acceptance of the proposed substitution will prejudice the

Contractor's achievement of Substantial Completion on time.

2. Whether acceptance of the substitution for use in the WORK will require a change in any of the Contract Documents to adapt the design to the proposed substitution.

3. Whether incorporation or use of the substitution in connection with the WORK is subject to

payment of any license fee or royalty.

4. Whether all variations of the proposed substitution from the items originally specified are identified.

5. Whether available maintenance, repair, and replacement service are indicated. The

manufacturer shall have a local service agency (within 50 miles of the site) which maintains


properly trained personnel and adequate spare parts and is able to respond and complete repairs within 24 hours.

6. Whether an itemized estimate is included of all costs that will result directly or indirectly

from acceptance of such substitution, including cost of redesign and claims of other contractors affected by the resulting change.

7. Whether the proposed substitute item meets or exceeds the experience and/or equivalency

requirements listed in the appropriate technical specifications.

D. Without any increase in cost to the Owner, the Contractor shall be responsible for and pay all costs in connection with proposed substitutions and of inspections and testing of equipment or materials submitted for review prior to the Contractor's purchase thereof for incorporation in the WORK, whether or not the Engineer accepts the proposed substitution or proposed equipment or material.

E. Submittal requirements for proposed substitutions: In addition to the general submittal

requirements indicated in the General Requirements, submittal requirements for the proposed substitution include:

1. All deviations from the specified requirements necessitated by the proposed substitution.

2. Materials of construction, including material specifications and references.

3. Performance data, including performance curves and guaranteed power consumption,

over the range of specified operating conditions.

4. Dimensional drawings, showing required access and clearances, including any changes to the work require to accommodate the proposed substitution.

5. Where controls are a part of the proposed substitution, piping, process and

instrumentation drawings (PIDs), produced in the project format and with project specific symbols, along with control descriptions.

6. Where controls specified in the project manual require modification to accommodate the proposed substitution, piping, process and instrumentation drawings (PIDs), produced in project format and with project-specific symbols, with all required modifications clearly highlighted.

7. Information and performance characteristics for all system components and ancillary

devices to be furnished as a part of the proposed substitution.

8. Reproducible contract drawings, marked up to illustrate the alterations to all structural, architectural, mechanical, electrical and HVAC systems required to accommodate the proposed substitution.

9. A list of installations of the proposed substitution indicating application, location, owner

and date of first use.


F. Cost of Substitution Submittal Review: Upon receipt of submittal data for the proposed substitution, the Engineer will estimate the cost of evaluating the request and present the estimate to the Contractor. The Contractor is advised that the estimate is based upon the best information available to the Engineer at the time; however, the actual cost, based on time and expense, will be documented and applied in the final analysis of the substitution request. If the Contractor wishes to proceed with the request he shall advise the Engineer in writing and submit sufficient additional information as may be requested by the Engineer. No evaluation will take place until such time as the Contractor has agreed to the estimate in writing and has authorized the Engineer to deduct the cost of the evaluation from monthly progress payments due the Contractor.

G. Whenever materials or equipment are identified in the Contract Documents but are not listed on

the “List of Proposed Substitutes” form by using the name of a proprietary item or the name of a particular manufacturer, the naming of the item is intended to establish the type, function, and quality required. If the name is followed by the words "or equal" indicating that a substitution is permitted, materials or equipment of other manufacturers may be accepted if sufficient information is submitted by the Contractor to allow the Engineer to determine that the material or equipment proposed is equivalent or equal to that named as part of the standard submittal process.

6.6 Concerning Subcontractors, Suppliers, and Others

A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including

those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. The Contractor shall perform not less than 30 percent of the WORK with its own forces (i.e., without subcontracting). The 30 percent requirements shall apply to the Contract Price less the values of Owner-assigned contracts and allowance in the Bid for pre-negotiated Work.

B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or

other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work.

C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the

Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the


Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents:

1. Shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity

any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor

2. Shall create any obligation on the part of Owner or Engineer to pay or to see to the payment

of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.

D. Contractor shall be solely responsible for scheduling and coordinating the Work of

Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor.

E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities

performing or furnishing any of the Work to communicate with Engineer through Contractor.

F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.

G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an

appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same.

6.7 Patent Fees and Royalties

A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the

performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents.


B. Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents.

6.8 Permits

A. The Contractor shall obtain and pay for all construction permits and licenses from the agencies

having jurisdiction, including the furnishing of insurance and bonds if required by such agencies, EXCEPT those listed in Paragraph 6.08B, below to be paid for by the Owner. The enforcement of such requirements shall not be the basis for claims for additional compensation by Contractor. When necessary, the Owner will assist the Contractor in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the WORK which are applicable at the time of opening of Bids.

B. The Owner will make application for and pay all fees for the City of Bremerton building permit

including structural, mechanical, plumbing, and fire protection. The Contractor shall be required to obtain the permit at City offices.

C. The Contractor shall be responsible for obtaining and paying for any and all remaining permits,

licenses and approvals which are necessary and incidental to his operation in performance of the WORK, and for giving notices required by such permits and licenses. A copy of each permit and license shall be furnished to the Engineer upon request. The Contractor shall comply with any and all requirements contained in all permits, licenses, and approvals which pertain to the WORK or any portion thereof as if the same were stated herein.

D. The Contractor shall be responsible for complying with the requirements of all permits related

to the WORK, including such permits, licenses and regulatory approvals obtained by the Owner for the work. Owner-obtained permits and regulatory approvals, if any, are appended to the Contract Documents.

6.9 Laws and Regulations

A. Contractor shall give all notices required by and shall comply with all Laws and Regulations

applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws

or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and


Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03.

C. Changes in Laws or Regulations not knowable at the time of opening of Bids (or, on the

Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.

6.10 Taxes

A. The Contractor shall collect from the Owner and remit to the state, retail sales tax as required

by the laws, statutes, and regulations of the State of Washington and its political subdivisions. The Owner will claim any exemption from retail sales tax authorized by law. The Contractor shall pay all other federal, state, and local sales, use, and other taxes applicable to the WORK and the Contractor's activities under the Agreement.

B. The Contractor shall have an active City of Bremerton Business License and shall pay to the

City under said license all applicable City business and occupation (B&O) taxes. B&O taxes shall be paid when due and Contractor shall agree to assign any payments due to the City Clerk for payment of such taxes which have been declared delinquent.

C. The Contractor shall withhold and pay any and all sales and use taxes and all withholding

taxes, whether state or federal, and pay all Social Security charges and also all State Unemployment Compensation charges, and pay or cause to be withheld, as the case may be, any and all taxes, charges, or fees or sums whatsoever, which are now or may hereafter be required to be paid or withheld under any laws.

6.11 Use of Site and Other Areas

A. Limitation on Use of Site and Other Areas:

1. The Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site, the land and areas identified in and permitted by the Contract Documents, and the other land and areas permitted by Laws and Regulations, rights-of-way, permits, and easements. The Contractor shall assume full liability and responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work.

2. Should any claim be made against the Owner or the Engineer by any such owner or

occupant because of the performance of the Work, the Contractor shall promptly settle with such other party by negotiation, agreement or otherwise resolve the claim by arbitration or at law, at the Contractor's sole liability and expense.

2. The Contractor's indemnification obligations for all claims and liability, arising directly,

indirectly, or consequentially out of any action, legal or equitable, brought by any such


owner or occupant against the Owner, the Engineer, their consultants, subconsultants, and the officers, directors, employees and agents of each and any of them to the extent caused by or based upon the Contractor's performance of the WORK shall be in accordance with Paragraph 6.20 of the Supplementary Conditions.

B. Removal of Debris During Performance of the Work: During the progress of the Work

Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations.

C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the

Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded

in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

6.12 Record Documents

A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings,

Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. The Contractor’s pay requests shall not be considered payable unless the field record drawings are current as required by the contract documents.

6.13 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety

precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:

1. All persons on the Site or who may be affected by the Work;

2. All the Work and materials and equipment to be incorporated therein, whether in storage on

or off the Site; and

3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.


B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.

C. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety

program with which Owner’s and Engineer’s employees and representatives must comply while at the Site.

D. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3

caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. The City Reserves the right to replace damaged items at the Contractor’s expense if the City determines that time is of the essence.

E. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue

until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).

6.14 Safety Representative

A. Contractor shall designate a qualified and experienced competent person at the site whose

duties and responsibilities shall include, enforcing State of Washington – WISHA regulations regarding excavations, preventing accidents, and maintaining and supervising construction site health and safety precautions and programs.

6.15 Hazard Communication Programs

A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or

other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

6.16 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site

or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.


6.17 Submittals

A. Contractor shall submit Shop Drawings and Samples to Engineer for review in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require.

1. Shop Drawings:

a. Submit number of copies specified in the General Conditions.

b. Data shown on the Shop Drawings will be complete with respect to quantities,

dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D.

2. Samples:

a. Submit number of Samples specified in the Specifications.

b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog

numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D.

B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of

Submittals, any related Work performed prior to Engineer’s review of the pertinent submittal will be at the sole expense and responsibility of Contractor.

C. Submittal Procedures:

1. Before submitting each Shop Drawing or Sample, Contractor shall have:

a. Reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings

and Samples and with the requirements of the Work and the Contract Documents;

b. Determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

c. Determined and verified the suitability of all materials offered with respect to the

indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

d. Determined and verified all information relative to Contractor’s responsibilities for

means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.


2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal.

3. With each submittal, Contractor shall give Engineer specific written notice of any

variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation.

D. Engineer’s Review:

1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the

Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. Engineer’s review will not extend to means, methods, techniques, sequences, or procedures

of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

3. Engineer’s review shall not relieve Contractor from responsibility for any variation from

the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1.

E. Resubmittal Procedures:

1. Contractor shall make corrections required by Engineer and shall return the required

number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.

6.18 Continuing the Work

A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or

disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing.


6.19 Contractor’s General Warranty and Guarantee

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee.

B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:

1. Abuse, modification, or improper maintenance or operation by persons other than

Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or

2. Normal wear and tear under normal usage.

C. Contractor’s obligation to perform and complete the Work in accordance with the Contract

Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents:

1. Observations by Engineer, or Resident Project Representative

2. Recommendation by Engineer or payment by Owner of any progress or final

payment;

3. The issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner;

4. Use or occupancy of the Work or any part thereof by Owner;

5. Any review and approval of a Shop Drawing or Sample submittal or the issuance of a

notice of acceptability by Engineer;

6. Any inspection, test, or approval by others; or

7. Any correction of defective Work by Owner.

8. Owner’s routine operation and maintenance after Substantial Completion is attained.

6.20 Indemnification

A. The Contractor shall indemnify, defend, and hold harmless the Owner, the Engineer, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the Work, but not from the sole negligence or willful misconduct of the Owner and/or the Engineer. Such indemnification by the Contractor shall include, but not be limited to, the following:

1. Liability or claims resulting directly or indirectly from the negligence or carelessness of the

Contractor, its employees, or agents in the performance of the Work, or in guarding or


maintaining the same, or from any improper materials, implements, or appliances used in its construction, or by or on account of any act or omission of the Contractor, its employees, or agents;

2. Liability or claims arising directly or indirectly from bodily injury, occupational sickness or

disease, or death of the Contractor's, Subcontractor's, or Supplier's own employees, or agents engaged in the Work resulting in actions brought by or on behalf of such employees against the Owner and/or the Engineer;

3. Liability or claims arising directly or indirectly from or based on the violation of any Laws

or Regulations, whether by the Contractor, its employees, or agents;

4. Liability or claims arising directly or indirectly from the use or manufacture by the Contractor, its employees, or agents in the performance of this Agreement of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance, unless otherwise specifically stipulated in this Agreement;

5. Liability or claims arising directly or indirectly from the breach of any warranties, whether

express or implied, made to the Owner and/or Engineer or any other parties by the Contractor, its employees, or agents;

6. Liability or claims arising directly or indirectly from the willful misconduct of the

Contractor, its employees, or agents;

7. Liability or claims arising directly or indirectly from any breach of the obligations assumed in this Agreement by the Contractor;

8. Liability or claims arising directly or indirectly from, relating to, or resulting from a

hazardous condition created by the Contractor, Subcontractors, Suppliers, or any of their employees or agents, and;

9. Liability or claims arising directly, or indirectly, or consequentially out of any action, legal or equitable, brought against the Owner, the Engineer, their consultants, subconsultants, and the officers, directors, employees and agents of each or any of them, to the extent caused by the Contractor's use of any premises acquired by permits, rights of way, or easements, the Site, or any land or areas contiguous thereto or its performance of the Work thereon.

B. The Contractor shall reimburse the Owner and the Engineer for all costs and expenses,

(including but not limited to fees and charges of engineers, architects, attorneys, and other professionals and court costs including all costs of appeals) incurred by said Owner and Engineer in enforcing the provisions of this Paragraph 6.20.


C. The indemnification obligation under this Paragraph 6.20 shall not be limited in any way by any limitation on the amount or type of insurance carried by Contractor or by the amount or type of damages, compensation, or benefits payable by or for the Contractor or any Subcontractor or other person or organization under workers' compensation acts, disability benefit acts, or other employee benefit acts.

D. The Contractor and Owner acknowledge and agree that the Contractor’s immunity under

industrial insurance, Title 51 RCW, is expressly waived by this Contract, and that all of the provisions of this Paragraph 6.20, including said waiver of immunity were mutually negotiated by them in accordance with the requirements of RCW 4.24.115.

6.21 Delegation of Professional Design Services

A. Contractor will not be required to provide professional design services unless such services are

specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law.

B. If professional design services or certifications by a design professional related to systems,

materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer.

C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of

the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy.

D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and

design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1.

E. Contractor shall not be responsible for the adequacy of the performance or design criteria

required by the Contract Documents.

ARTICLE 7 – OTHER WORK AT THE SITE

7.1 Related Work at Site

A. Owner may perform other work related to the Project at the Site with Owner’s employees, or


through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then:

1. Written notice thereof will be given to Contractor prior to starting any such other work; and

2. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05.

B. Contractor shall afford each other contractor who is a party to such a direct contract, each

utility owner, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors.

C. If the proper execution or results of any part of Contractor’s Work depends upon work

performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

D. Additional requirements for coordination between the Contractor, other contractors and the

Owner’s forces are set forth in Division 1 – General Requirements.

7.2 Coordination

A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions:

1. The individual or entity who will have authority and responsibility for coordination of the

activities among the various contractors will be identified;

2. The specific matters to be covered by such authority and responsibility will be itemized; and

3. The extent of such authority and responsibilities will be provided.

B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority

and responsibility for such coordination.


C. The Contractor shall coordinate its Work with that of the Owner’s forces and others as required in Division 1 – General Requirements.

7.3 Legal Relationships

A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner.

B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other

contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor’s wrongful actions or inactions.

C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for

the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s action or inactions.

ARTICLE 8 – OWNER’S RESPONSIBILITIES

8.1 Communications to Contractor

A. Except as otherwise provided in these General Conditions, Owner shall issue all

communications to Contractor through Engineer.

8.2 Replacement of Engineer

A. In case of Replacement of Engineer, Owner shall appoint an engineer whose status under the Contract Documents shall be that of the former Engineer.

8.3 Furnish Data

A. Owner shall promptly furnish the data required of Owner under the Contract Documents.

8.4 Pay When Due

A. Owner shall make payments to Contractor when they are due as provided in Paragraphs

14.02.C and 14.07.C.

8.5 Lands and Easements; Reports and Tests

A. Owner’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site.

8.6 Insurance

A. Owner’s responsibilities, if any, with respect to purchasing and maintaining insurance are set

forth in Article 5.


8.7 Change Orders

A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.

8.8 Inspections, Tests, and Approvals

A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B.

8.9 Limitations on Owner’s Responsibilities

A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for,

Contractor’s means, methods, techniques, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

8.10 Undisclosed Hazardous Environmental Condition

A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set

forth in Paragraph 4.06.

8.11 Compliance with Safety Program

A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph 6.13.C.

ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION

9.1 Owner’s Representative

A. Engineer will be Owner’s representative during the construction period. The duties and

responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents.

9.2 Visits to Site

A. Engineer will make visits to the Site at intervals appropriate to the various stages of

construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work.


B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.

9.3 Resident Project Representative

A. General: The Resident Project Representative (RPR) will act as directed by and under the

supervision of the Engineer's Project Manager and will confer with the Engineer and Engineer's Project Manager regarding his actions. The Resident Project Representative's dealings in matters pertaining to the on-site Work shall, in general, be only with the Engineer and the Contractor, and dealings with Subcontractors shall be exclusively through the Contractor. Written communication with the Owner will be only through or as directed by the Engineer.

9.4 Authorized Variations in Work

A. The Engineer may authorize variations in the Work from the requirements of the Contract

Documents. These may be accomplished by a Work Change Directive and will require the Contractor to perform the Work involved in a manner that minimizes the impact to the Work and the Contract Times. If the Contractor believes that a Work Change Directive justifies an increase in the Contract Price or an extension of the Contract Times, the Contractor shall promptly notify the Engineer as required in the relevant Sections of Division 1 – General Requirements.

9.5 Rejecting Defective Work

A. Engineer will have authority to reject Work which Engineer believes to be defective, or that

Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed.

9.6 Submittals, Change Orders and Payments

A. In connection with Engineer’s authority, and limitations thereof, as to Submittals, see

Paragraph 6.17.

B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21.

C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12.

D. In connection with Engineer’s authority as to Applications for Payment, see Article 14.


9.7 Determinations for Unit Price Work

A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05.

9.8 Decisions on Requirements of Contract Documents and Acceptability of Work

A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge

of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 14 days of the event giving rise to the question.

B. Engineer will, within 14 days, render a written decision on the issue referred. If Owner or

Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B.

C. Engineer’s written decision on the issue referred will be final and binding on Owner and

Contractor, subject to the provisions of Paragraph 10.05.

9.9 Limitations on Engineer’s Authority and Responsibilities

A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

B. Engineer will not be responsible for the acts or omissions of Contractor or of any

Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

C. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents.

D. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also

apply to the Resident Project Representative, if any, and assistants, if any.


ARTICLE 10 – CHANGES IN THE WORK; CLAIMS

10.1 Authorized Changes in the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided).

B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if

any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05.

C. If the Owner and Contractor agree as to the extent, if any, of an increase or decrease in the

Contract Price, or an extension or shortening of the Contract Times that should be allowed as a result of a Work Change Directive, the Contractor shall proceed so as to minimize the impact on and delays to the Work pending the issuance of a Change Order.

D. In the event a part of the Work is to be entirely eliminated and no lump sum or unit price is

named in the Contract Documents to cover such eliminated work, the price of the eliminated work shall be agreed upon by the Owner and the Contractor by Change Order.

10.2 Unauthorized Changes in the Work

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the

Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D.

10.3 Execution of Change Orders

A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer

covering:

1. Changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;

2. Changes in the Contract Price or Contract Times which are agreed to by the parties,

including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and

3. Changes in the Contract Price or Contract Times which embody the substance of any

written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and


Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A.

10.4 Notification to Surety

A. If the provisions of any bond require notice to be given to a surety of any change affecting the

general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

10.5 Claims

A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09,

shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims.

B. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall

be delivered by the Contractor or Owner to the other promptly (but no later than 14 days) after the start of the event giving rise thereto. Notice of the specific amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the Engineer within 21 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01. A claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02. Each Claim shall be accompanied by Contractor’s or Owner’s written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event and covers all amounts (whether direct, indirect or consequential). The recipient of the claim shall submit its response to the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time).

C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the

last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing:

1. Deny the Claim in whole or in part;

2. Approve the Claim; or

3. Notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole

discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial.

D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall

be deemed denied.


E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor files suit pursuant to Article 16.

F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted

in accordance with this Paragraph 10.05.

ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

11.1 Cost of the Work

A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items:

1. Payroll costs for employees in the direct employ of Contractor in the performance of the

Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner.

2. Cost of all materials and equipment furnished and incorporated in the Work, including costs

of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained.

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If

required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01.


4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work.

5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of

Contractor’s employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor.

c. Rentals of all construction equipment and machinery, and the parts thereof whether

rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.

d. Sales, consumer, use, and other similar taxes related to the Work, and for which

Contractor is liable, as imposed by Laws and Regulations.

e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.

f. Losses and damages (and related expenses) caused by damage to the Work, not

compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site.

h. Minor expenses such as telegrams, long distance telephone calls, telephone service at

the Site, express and courier services, and similar petty cash items in connection with the Work.

i. The costs of premiums for all bonds and insurance Contractor is required by the

Contract Documents to purchase and maintain.


B. Costs Excluded: The term Cost of the Work shall not include any of the following items:

1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee.

2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the

Site.

3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.

4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or

indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

5. Other overhead or general expense costs of any kind and the costs of any item not

specifically and expressly included in Paragraphs 11.01.A.

C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C.

D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant

to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data.

11.2 Allowances

A. It is understood that Contractor has included in the Contract Price all allowances so named in

the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer.

B. Cash Allowances:

1. Contractor agrees that:

a. The cash allowances include the cost to Contractor (less any applicable trade

discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and


b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.

C. Contingency Allowance:

1. Contractor agrees that a contingency or force account allowance, if any, is for the sole use

of Owner to cover unanticipated costs.

D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.

11.3 Unit Price Work

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,

initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement.

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the

purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07.

C. Each unit price will be deemed to include an amount considered by Contractor to be adequate

to cover Contractor’s overhead and profit for each separately identified item.

D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if:

1. The total cost of a particular item of Unit Price Work amounts to 5% or more of the

Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement; and

2. There is no corresponding adjustment with respect to any other item of Work; and

3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of

having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease.

E. In the event a part of the Work is to be entirely eliminated and no lump sum or unit price is

named in the Contract Documents to cover such eliminated work, the price of the eliminated work shall be agreed upon by the Owner and the Contractor by Change Order.


ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

12.1 Change of Contract Price

A. The Contract Price constitutes the total compensation payable to the Contractor for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by the Contractor to complete the Work shall be at its expense without change in the Contract Price. All claims for an increase in the Contract Price shall be based only upon written notice delivered as required by Paragraph 10.05 herein. The Contractor’s notice of claim shall include the nature, justification for and amount of the claim, and such supporting data as the Engineer may require to evaluate the claim. The Contractor and Owner hereby agree that any claim for adjustment of the Contract Price shall be evaluated by the Engineer, and that the Engineer’s determination shall be final and conclusive. No claim for and adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph.

B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the

Contract Price will be determined as follows:

1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or

2. Where the Work involved is not covered by unit prices contained in the Contract

Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or

3. Where the Work involved is not covered by unit prices contained in the Contract

Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C).

C. Contractor’s Fee: The Contractor’s fee for overhead and profit for the cost of extra work as

defined in Paragraph 12.01.D shall be determined as follows:

1. A mutually acceptable fixed fee; or

2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the extra Work:

a. Extra work ordered on the basis of time and materials (force account) will be paid for

at the actual necessary cost as determined by the Engineer, plus a 20% markup for labor, materials and equipment.

b. For extra work negotiated at a lump sum price the Contractor’s fee shall be 20%.

c. No fee shall be payable on the basis of costs itemized under Paragraph 11.01.B;

d. The amount of credit to be allowed by Contractor to Owner for any change which

results in a net decrease in cost will be the amount of the actual net decrease in cost


plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and

e. When both additions and credits are involved in any one change, the adjustment in

Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.d, inclusive.

D. Cost of Extra Work: The term “cost of extra work” shall mean the sum of all costs necessarily

incurred and paid by the Contractor for labor, materials, equipment and special services in the proper performance of extra work as approved by the Engineer. Except as otherwise may be agreed to in writing by the Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B.

1. Labor: The costs of labor will be the actual cost for wages prevailing for each craft or type

of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Labor costs for equipment operators and helpers will be paid only when such costs are not included in the invoice for equipment rental. The labor costs for foreman shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid. Indirect labor costs including superintendence shall be considered part of the markup set out herein.

2. Materials: The cost of materials reported shall be at invoice or lowest current price at

which materials are locally available and delivered to the Work in the quantities involved, plus the cost of freight, delivery and storage, subject to the following:

a. All trade discounts and rebates shall accrue to the Owner, and the Contractor shall make

provisions so that they may be obtained; and

b. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the Engineer. Except for actual costs incurred in handling of such materials, markup will not be allowed; and

c. Payment for materials from sources owned wholly or in part by the purchaser shall not

exceed the price paid by the purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the Site, whichever price is lower; and

d. If in the opinion of the Engineer the cost of material is excessive, or the Contractor does

not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the quantity concerned delivered to the Work, less trade discount. The Owner reserves the right to furnish materials for the extra work and no claim will be allowed by the Contractor for costs and profit on such materials.


3. Equipment: The amount of payment for any Contractor-owned equipment that is utilized shall be determined according to the version of the AGC/WSDOT Equipment Rental Agreement which is in effect at the time the force account is authorized. The rates listed in the Rental Rate Blue Book (as modified by the current AGC/WSDOT Equipment Rental Agreement) shall be full compensation for all fuel, oil, lubrication, ordinary repairs, maintenance, and all other costs incidental to furnishing and operating the equipment except labor operation. If it is deemed necessary by the Contractor to use equipment not listed in the specified Reference Publication, an equitable rental rate for the equipment will be established by the Engineer. The Contractor may furnish cost data, which might assist the Engineer in the establishment of the rental rate. Payment for equipment shall be subject to all of the following:

a. All equipment shall, in the opinion of the Engineer, be in good working condition and

suitable for the purpose for which the equipment is to be used;

b. Before construction equipment is used on the extra work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the Engineer, in duplicate, a description of the equipment and its identifying number;

c. Unless otherwise specified, manufacturer’s ratings and manufacturer-approved

modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer;

d. Individual pieces of equipment or tools having a replacement value of $500 or less,

whether or not consumed by use, will be considered to be small tools and no payment will be made therefor;

4. Rental Equipment: The rental time to be paid for rental equipment used in the extra Work

will be calculated based on the time the equipment is actually in productive operation on the extra work being performed and, additionally, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not be paid if the equipment is used on work other than the extra work, even though it is located at the site of the extra work. Loading and transporting costs will be allowed in lieu of moving time only when the equipment is moved by means other than its own power, except that no payment will be made for loading and transporting costs when the equipment is used at the site of the extra work on work other than the extra work. Rental time will not be allowed while equipment is inoperative due to breakdowns or is otherwise not available for immediate use. The rental time of equipment on the site will be computed subject to the following:

a. When hourly rates are paid, operation for 30 minutes or less will be considered to be

one half-hour of operation, and any part of an hour in excess of 30 minutes will be considered one hour of operation;

b. When daily rates are paid, 4 hours or less of operation will be considered to be one half-

day of operation. When owner-operated equipment is used to perform extra work to be


paid for on time and materials basis, the Contractor will be paid for the equipment and operator as set forth herein below.

E. Excluded costs: The term Cost of the Extra Work shall not include any of the items defined in

Paragraph 11.01.B.

12.2 Change of Contract Times

A. All Contract Times (or Milestones) stated in the Contract Documents are of the essence of the Agreement. The Contract Times (or Milestones) may only be changed by Change Order. Any claim for an extension of the Contract Times shall be based only upon written notice delivered as required in Paragraph 10.05 herein. The Contractor’s written notice of such claim shall include the extent, justification for and nature of the claim, and such supporting data as the Engineer may require to evaluate the claim.

B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an

adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. With respect to claims for adjustment in the Contract Times, the Contractor and Owner hereby acknowledge and agree that:

a. Any claim for adjustment of the Contract Times (or Milestones) shall be evaluated by the Engineer, whose evaluation shall be final and conclusive, and;

b. An approved increase in Contract Times shall not cause an increase in Contract

Price unless the reason for increasing the Contract Times is extra work otherwise evaluated by the Engineer as compensable work. Only compensable work, whether in connection with an approved increase in the Contract Times or not, shall result in an increase in the Contract Price.

12.3 Delays

A. Where Contractor is prevented from completing any part of the Work within the Contract

Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.

B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as

contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic,

abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor,


then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.C.

D. Owner, Engineer, and their officers, directors, members, partners, employees, agents,

consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays

within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.

F. Adjustments of Contract Times Relating to Weather: Contract Times may be extended by the

Engineer because of delays in the completion of the Work due to unusually severe weather, provided that the Contractor shall, within 2 business days of the beginning of any such delay, notify the Engineer in writing of the cause of delay and request an extension of Contract Times. The Engineer will ascertain the facts and the extent of the delay and extend the Contract Times when, in its judgment, the findings of the fact justify such an extension. The Contractor shall include 10 days of inclement weather delays in the progress schedule submitted to the Engineer for approval, for purposes of planning and scheduling Only.

G. Adjustments of Contract Price Relating to weather: The Contractor shall have no claims against

the Owner for damages for any injury to work, materials, or equipment, or for project or overhead costs of any kind, resulting from the action of the elements. If however, in the opinion of the Engineer, the Contractor has made all reasonable efforts to protect the materials, equipment, and work, the Contractor may be granted a reasonable extension of Contract Times to make proper repairs, renewals, and replacements of the work, materials, or equipment.

ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

13.1 Notice of Defects

A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be

given to Contractor.

13.2 Access to Work

A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable.


13.3 Tests and Inspections

A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Owner and Contractor hereby agree that “timely notice”, with respect to notification of readiness for tests and inspections shall mean not less than 2 business days before the time that the test or inspection is desired.

B. Owner shall employ and pay for the services of an independent testing laboratory to perform all

inspections, tests, or approvals required by the Contract Documents except:

1. For inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below;

2. That costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and

3. As otherwise specifically provided in the Contract Documents.

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part

thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval.

D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection

with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer.

E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by

Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation.

F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless

Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice.

G. The Engineer will make, or have made, such inspections and tests as the Engineer deems

necessary to see that the Work is being accomplished in accordance with the requirements of the Contract Documents. Unless otherwise specified in Paragraph 13.03.B of the General Conditions, the cost of such inspection and testing will be borne by the Owner. In the event such inspections or tests reveal non-compliance with the requirements of the Contract Documents, the Contractor shall bear the cost of corrective measures deemed necessary by the Engineer, shall bear the cost of all subsequent reinspection and retesting of the non-compliant Work. Neither observations by the Engineer nor inspections, tests, or approvals by others shall relieve the Contractor from the Contractor's obligation to perform the Work in accordance with the Contract Documents.


13.4 Uncovering Work

A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense.

B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or

inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment.

C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses,

and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05.

D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in

the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.

13.5 Owner May Stop the Work

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable

materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.

13.6 Correction or Removal of Defective Work

A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or

not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others).

B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,

Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.


13.7 Correction Period

A. If within one year after the date of Final Completion and Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions:

1. Repair such defective land or areas; or

2. Correct such defective Work; or

3. If the defective Work has been rejected by Owner, remove it from the Project and replace it

with Work that is not defective, and

4. Satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom.

B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an

emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.

C. In special circumstances where a particular item of equipment is placed in continuous service

before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.

D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or

removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or

warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

13.8 Acceptance of Defective Work

A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and,

prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of


and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. In no case shall the acceptance of defective work waive any rights the Owner may have.

13.9 Owner May Correct Defective Work

A. If Contractor fails within a reasonable time after written notice from Engineer to correct

defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency.

B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed

expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph.

C. All claims, costs, losses, and damages (including but not limited to all fees and charges of

engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the

performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09.


ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION

14.1 Schedule of Values

A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed.

14.2 Progress Payments

A. Applications for Payments:

1. At least 20 days before the date established in the Agreement for each progress payment

(but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. Payment for Equipment not installed but stored on site with a value greater than $10,000, will be paid at 50% of the invoice value.

2. Beginning with the second Application for Payment, each Application shall include an

affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment.

3. The net payment due the Contractor shall be the above-mentioned subtotal from which shall

be deducted the amount of retainage specified herein and the total amount of all previous payments made to the Contractor.

a. Pursuant to RCW 60.28.010, the Owner will retain five percent of all progress

payments as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor, or supplier who performs any labor upon the contract or work hereunder, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for carrying on such work, and the State of Washington with respect to taxes imposed pursuant to Title 82 RCW which may be due from such Contractor. In the event that during the performance of the Contract and prior to the expiration of the claim period as provided in Chapter 60.28 RCW, the amount retained is reduced to any amount below five percent, then the Owner shall retain additional sums from monies earned by the Contractor so as to maintain at all times a five percent retained trust fund, unless otherwise reduced or excused by provisions of Chapter 60.28 RCW.


b. Monies reserved under provisions of Chapter 60.28 RCW shall, at the option of the Contractor, be:

(1) Retained in a fund by the Owner with no interest paid thereon to the Contractor

and not subject to withdrawal until after final acceptance of all Work, or a portion thereof as maybe approved by the Owner: or

(2) Deposited by the Owner in an interest-bearing account in a bank, mutual savings

bank, or savings and loan associations, not subject to withdrawal until after final acceptance of all Work, or a portion thereof, as may be approved by the Owner; or

(3) Placed in escrow in a bank or trust company by the Owner until thirty days

following final acceptance of the work as completed, or a portion thereof. When the monies reserved are to be placed in escrow, the Owner will issue a check representing the sum of the monies reserved payable to the bank or trust company and the Contractor jointly. Such check shall be converted into bonds and securities chosen by the Contractor and approved by the Owner, and the bonds and securities held in escrow.

(4) A bond submitted by the Contractor for all or any portion of the retainage in a

form acceptable to the Owner and from a surety meeting standards set by the Owner. The Owner will accept the bond unless the Owner determines that there is good cause for rejecting it. The Owner will release the bonded retainage amount within 30 days of accepting the bond. The bond and any proceeds from it are subject to claims in the same manner and priority as retainage set forth in RCW 60.28.011. If the Owner accepts a retainage bond from the Contractor, the Contractor shall accept retainage bonds from any subcontractor or supplier from whom the Contractor retains funds. The Contractor shall release retained funds within 30 days of accepting the bond from a subcontractor or supplier.

(5) Under option 2 and 3 above, interest will be paid to the Contractor as the interest

accrues.

(6) The Contractor shall designate the option desired in writing to the Owner not later than with the Contractor's first Application for Payment. The Contractor, in choosing option 2 or 3, agrees to assume full responsibility to pay all costs which may accrue from escrow services, brokerage charges, or both, and further agrees to assume all risks in connection with the investment of the retained monies.

B. Review of Applications:

1. The Engineer will, within 8 working days after receipt of each Application for Payment,

either indicate in writing a recommendation of payment and present the application to the Owner, or return the application to the Contractor indicating in writing the Engineer's reasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and resubmit the application. If the Engineer still disagrees with a


portion of the application, it will submit the application recommending the undisputed portion of the application to the Owner for payment and provide reasons for recommending non-payment of the disputed amount. Thirty days after presentation of the Application for Payment with the Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02B.2) become due and when due will be paid by the Owner to the Contractor.

2. Engineer’s recommendation of any payment requested in an Application for Payment will

constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief:

a. The Work has progressed to the point indicated;

b. The quality of the Work is generally in accordance with the Contract Documents

(subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and

c. The conditions precedent to Contractor’s being entitled to such payment appear to

have been fulfilled in so far as it is Engineer’s responsibility to observe the Work.

3. By recommending any such payment Engineer will not thereby be deemed to have represented that:

a. Inspections made to check the quality or the quantity of the Work as it has been

performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or

b. There may not be other matters or issues between the parties that might entitle

Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending

payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer:

a. To supervise, direct, or control the Work, or

b. For the means, methods, techniques, sequences, or procedures of construction, or the

safety precautions and programs incident thereto, or

c. For Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or


d. To make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or

e. To determine that title to any of the Work, materials, or equipment has passed to

Owner free and clear of any Liens.

5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because:

a. The Work is defective, or completed Work has been damaged, requiring correction or

replacement;

b. The Contract Price has been reduced by Change Orders;

c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or

d. Engineer has actual knowledge of the occurrence of any of the events enumerated in

Paragraph 15.02.A.

C. Payment Becomes Due:

1. Thirty days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor.

D. Reduction in Payment:

1. Owner may refuse to make payment of the full amount recommended by Engineer because:

a. Claims have been made against Owner on account of Contractor’s performance or

furnishing of the Work;

b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens;

c. There are other items entitling Owner to a set-off against the amount recommended;

or

d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A.

2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner

will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the


amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action.

3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the

amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement.

14.3 Contractor’s Warranty of Title

A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by

any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens.

14.4 Substantial Completion

A. When the Contractor considers the Work ready for its intended use, the Contractor shall notify

the Owner and the Engineer in writing that the Work is substantially complete. The Contractor shall attach to this request a list of all work items that the Contractor knows are not complete and a request that the Engineer prepare a Notice of Substantial Completion and a Correction List of items to be completed before final payment. At a mutually-agreed time thereafter, the Owner, the Contractor, and the Engineer shall inspect the Work to determine the status of completion. If the Engineer does not consider the Work substantially complete, or does not consider the list of remaining work items to be comprehensive, the Engineer will notify the Contractor in writing giving the reasons therefor. If the Engineer considers the Work substantially complete, the Engineer will prepare and deliver to the Owner for its execution and recordation the Notice of Substantial Completion signed by the Engineer and Contractor, which shall fix the date of Substantial Completion. The Contractor shall complete all incomplete work and shall complete all items on the Correction List not later than 30 calendar days after the date of Substantial Completion

B. Owner shall have the right to exclude Contractor from the Site after the date of Substantial

Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list.

14.5 Partial Utilization

A. The Owner shall have the right to utilize or place into service any item of equipment or other

usable portion of the Work prior to completion of the Work. Whenever the Owner plans to exercise said right, the Contractor will be notified in writing by the Owner, identifying the specific portion or portions of the Work to be so utilized or otherwise placed into service.

B. The Contractor understands and agrees that until and unless such written notification is issued,

all responsibility for care and maintenance of all of the Work shall be borne by the Contractor, and that Paragraph 14.04 shall apply with respect to certification of Substantial Completion of the Work. Upon issuance of said written notice of Partial Utilization, the Owner will accept responsibility for the protection and maintenance of all such items or portions of the Work described in the written notice.


C. The Contractor shall retain full responsibility for satisfactory completion of the Work, regardless of whether a portion thereof has been partially utilized by the owner, and the Contractor's one year correction period shall commence only after the date of Substantial Completion for the Work.

D. The Owner shall have the right to control, operate, repair, or modify the Work, or take any

other suitable action with regard to the Work, during emergencies of any nature whatsoever.

E. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance.

14.6 Final Inspection

A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is

complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

B. When all incomplete Work has been completed, all Defective Work has been corrected or

accepted by the Engineer and Owner, and all of the Contractor’s duties and requirements have been satisfactory discharged, the Engineer will prepare and deliver to the Owner for its execution and recordation the Notice of Final Completion and Acceptance of the Work, signed by the Engineer and Contractor, which shall fix the date of Final Completion and Acceptance.

14.7 Final Payment

A. Application for Payment:

1. After the Contractor has, in the opinion of the Engineer, satisfactorily completed all Work

and corrected all Defective Work, and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates and Record Documents (as provided in Paragraph 6.12), And the Engineer has delivered the Notice of Final Completion and Acceptance of the Work, the Contractor may make application for final payment following the procedure established for progress payments.

2. The final Application for Payment shall be accompanied (except as previously delivered)

by:

a. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.

b. Consent of the surety, if any, to final payment;

c. A list of all Claims against Owner that Contractor believes are unsettled; and

d. Complete and legally effective releases or waivers (satisfactory to Owner) of all Lien

rights arising out of or Liens filed in connection with the Work.


3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien.

B. Engineer’s Review of Application and Acceptance:

1. If, on the basis of Engineer’s observation of the Work during construction and final

inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.

2. After execution of the Notice of Final Completion and Acceptance of the Work by the

Owner, and execution of the “Acceptance of Compensation and Release of All Claims” by the Contractor (as provided in Paragraph 14.09.B of the General Conditions), the Owner will make final payment to the Contractor of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents, including the following items:

a. Liquidated damages, as applicable; and,

b. Amounts withheld by Owner under Paragraph 14.02.B.1 which have not been released;

and, Two times the value of outstanding items of correction work or Correction List items yet uncompleted or uncorrected, as applicable. All such work shall be completed or corrected to the satisfaction of the Owner within the time stated herein and on the Notice of Substantial Completion, otherwise the Contractor does hereby waive any and all claims to all monies withheld by the Owner to cover the value of all such uncompleted or uncorrected items.

C. Payment Becomes Due:

1. Thirty days after the presentation to Owner of the Application for Payment and

accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor.


D. Release of Retainage and Other Deductions

1. After executing the Notice of Final Completion and Acceptance (Paragraph 14.06), and not more than 60 days thereafter (based on a 45-day claims period and 15-day processing time), the Owner will release to the Contractor the retained funds withheld pursuant to the Agreement, less any deductions to cover pending claims against the Owner pursuant to Paragraph 14.02.B, provided the following conditions are met:

a. Certificates approved by the Washington State Department of Labor and Industries,

Washington State Employment Security Department, and all other departments and agencies having jurisdiction over the activities of the Contractor have been provided to the Owner.

b. If the Contract Price hereunder exceeds $20,000, a release obtained from the

Washington State Department of Revenue has been provided to the Owner.

c. Affidavits of Wages Paid for the Contractor and each subcontractor approved by Washington State Department of Labor and Industries have been provided to the Owner.

d. No claims, as provided by law, have been filed against the retainage.

e. The Owner has no claims under this Contract.

f. Affidavit of total monies paid (if any) to each Minority Women Business Enterprise subcontractor utilized on the project.

g. Acceptance of Compensation and Release of All Claims form submitted to the Engineer.

2. In the event that claims filed are not resolved at the end of the 45 day claim period, the

Contractor shall be paid such retainage less amount sufficient to pay all claims or notices, together with a sum determined by the Owner to be sufficient to pay the cost of such action and to cover attorney's fees, and any sums determined by the Owner sufficient to pay its claims against the Contractor.

3. Upon expiration of the 60 day period referred to in Paragraph 14.07.D.1, the amounts

withheld pursuant to the provisions of Paragraph 14.02.B and D, for all remaining work items will be paid to the Contractor; provided that said work has been completed or corrected to the satisfaction of the Owner within the 30 day period. Otherwise, the Contractor does hereby waive any and all claims for all monies withheld by the Owner under this Agreement in an amount two times the value of such remaining uncompleted or uncorrected items.

14.8 Final Completion Delayed

A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if

Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully


completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.

14.9 Waiver of Claims

A. The making and acceptance of final payment will constitute:

1. A waiver of all Claims by Owner against Contractor, except Claims arising from unsettled

Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and

2. A waiver of all Claims by Contractor against Owner other than those previously made in

accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled.

B. Acceptance of Compensation and Release of All Claims.

Before final payment will be made by the Owner, the Contractor will be required to sign the “Acceptance of Compensation and Release of All Claims” form stating the Contractor’s acceptance of the final payment as the full and final amount due from the Owner. An example form is located in Appendix A.

ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION

15.1 Owner May Suspend Work

A. At any time and without cause, Owner may suspend the Work or any portion thereof for a

period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05.

15.2 Owner May Terminate for Cause

A. The occurrence of any one or more of the following events will justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the Contract

Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);


2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;

3. Contractor’s disregard of the authority of Engineer; or

4. Contractor’s violation in any substantial way of any provisions of the Contract Documents.

B. If one or more of the events identified in paragraph 15.02A occur, Owner may, after giving Contractor (and the surety, if any) seven days written notice, terminate the services of the Contractor, exclude the Contractor from the Site, and take possession of the Work and of all of the Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which the Owner has paid Contractor but which are stored elsewhere, and finish the Work as the Owner may deem expedient.

C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive

any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed.

D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated

if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice.

E. Where Contractor’s services have been so terminated by Owner, the termination will not affect

any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of money due Contractor by Owner will not release Contractor from liability.

F. If and to the extent that Contractor has provided a performance bond under the provisions of

Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C.

15.3 Owner May Terminate For Convenience

A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and

without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):


1. Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

2. Expenses sustained prior to the effective date of termination in performing services and

furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;

B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other

economic loss arising out of or resulting from such termination.

15.4 Contractor May Stop Work or Terminate

A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 60 days to pay Contractor any sum finally determined to be due, then Contractor may, upon Fourteen days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03.

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if

Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 60 days to pay Contractor any sum finally determined to be due, Contractor may, Fourteen days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph.


ARTICLE 16 – DISPUTE RESOLUTION

16.1 Methods and Procedures

A. Time Limitation and Jurisdiction. The Owner and Contractor hereby mutually agree that, for the convenience of both parties, any claims or causes of action which the Contractor has against the Owner shall be brought within 180 calendar days after the date of final payment by the Owner. It is further agreed by Owner and Contractor that all such claims or causes of action, if resolution is sought through litigation, shall be brought only in the Superior Court of Kitsap County, Washington.

B. Conditions Precedent. Before seeking claim resolution through litigation, the Contractor shall

proceed under the administrative procedures required by Paragraphs 9.08 and 10.05. The provisions of these Paragraphs must be complied with in full as conditions precedent to the Contractor’s right to seek claim resolution through litigation.

ARTICLE 17 – MISCELLANEOUS

17.1 Giving Notice

A. Whenever any provision of the Contract Documents requires the giving of written notice, it will

be deemed to have been validly given if:

1. Delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or

2. Delivered at or sent by registered or certified mail, postage prepaid, to the last business

address known to the giver of the notice.

17.2 Computation of Times

A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

17.3 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies

available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

17.4 Survival of Obligations

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given

in accordance with the Contract Documents, as well as all continuing obligations indicated in


the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

17.5 Controlling Law

A. This Contract is to be governed by the laws of the State of Washington.

17.6 Headings

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of

these General Conditions.

17.7 Administrative Procedures and Forms

A. Various administrative forms are required to be used by the Contractor or will be otherwise presented to the Contractor during the performance of the Work including:

1. Request for Clarification (RFC)

2. Shop Drawing Submittal/Transmittal

3. Work Change Directive

4. Change Order

5. Daily Force Account Report

6. Application and Certificate for Payment (Progress Payment Form)

These forms will be distributed to the Contractor at the Preconstruction Conference referenced in Paragraph 2.06 or will be otherwise presented to the Contractor for signature as provided herein.

17.8 Right to Audit

A. If the Contractor submits a claim to the Owner for additional compensation, the Owner shall

have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the Contractor's books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. The right to audit shall include the right to inspect the Contractor's plant, or such parts thereof, as may be or have been engaged in the performance of the Work. The Contractor further agrees that the right to audit encompasses all subcontracts and is binding upon Subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the Owner deems desirable during the Contractor's normal business hours at the office of the Contractor. The Contractor shall make available to the Owner for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the Owner.


17.9 Severability

A. If any term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement shall not be affected thereby and shall remain in full force and effect.

17.10 Waiver

A. The waiver by the Owner of any breach or violation of any term, covenant or condition of this

Agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent payment of any monies or fee by the Owner which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by Contractor or any term, covenant, condition of this Agreement or of any applicable law or ordinance.

ARTICLE 18 – WASHINGTON STATE REQUIREMENTS

18.1 Trench Excavation Safety Systems

A. As required by RCW 39.04.180, on public works projects in which trench excavation will

exceed a depth of four feet, any contract therefor shall require adequate safety systems for the trench excavation that meet the requirements of the Washington Division of Industrial Safety and Health Act, Chapter 49.17 RCW. This requirement shall be included in the cost estimates and bidding forms as a separate item. The costs of trench safety systems shall not be considered as incidental to any other contract item and any attempt to include the trench safety systems as an incidental cost is prohibited.

18.2 Payment of Prevailing Wages

A. In accordance with Revised Code of Washington Chapters 39.12 and 49.28 as amended or

supplemented, and any regulations adopted pursuant to these statutes, there shall be paid to all laborers, workmen or mechanics employed on this contract at least the prevailing rate of wage for an hour's work in the same trade or occupation in the area of work regardless of any contractual relationship which may exist, or be alleged to exist, between the Contractor and any laborers, workmen, mechanics or subcontractors.

B. The prevailing wage rates to be in force during the duration of this contract are included in

Attachment A located at the end of the Supplementary Conditions. However, the Contractor shall be obligated to confirm that the rates are current and conform to the controlling statutes and regulations. Any wage deficiencies shall be at the Contractor's sole risk and expense. The wage rates shall be included as part of any subcontractors the Contractor may enter into for work on this project.

C. The "prevailing rate of wage" shall be the rate of hourly wage, usual benefits, and overtime

paid in the locality, as hereinafter defined, to the majority of workmen, laborers, or mechanics, in the same trade or occupation. In the event that there is not a majority in the same trade or occupation paid at the same rate, then the average rate of hourly wage and overtime paid to such laborers, workmen or mechanics in the same trade or occupation shall


be the prevailing rate. If the wage paid by any Contractor to laborers, workmen or mechanics on any public work is based on some period of time other than an hour, the hourly wage for the purposes of this shall be mathematically determined by the number of hours worked in such period of time.

D. The "locality" shall be the largest city in the county wherein the physical work is being

performed.

E. The "usual benefits" shall include the amount of:

1. The rate of contribution irrevocably made by the Contractor to a trustee, or to a trustee or to a third person pursuant to a fund, plan, or program; and

2. The rate of costs to the Contractor which may be reasonably anticipated in providing

benefits to workmen, laborers, and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the workmen, laborers, and mechanics affected, for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the Contractor is not required by other Federal, state or local law to provide any of such benefits.

F. The rules and regulations of the Department of Labor and Industries and the schedule of

prevailing wage rates for the locality or localities where this contract will be performed as determined by the industrial Statistician of the Department of Labor and Industries, are by reference made a part of this contract as though fully set forth herein. Inasmuch as the Contractor will be held responsible for paying the prevailing wages, it is imperative that all Contractors familiarize themselves with the current wage rates before submitting their bids based on these specifications on projects governed by wage rates determined by the State of Washington Department of Labor and Industries and the U.S. Secretary of Labor. If there is a difference between the two in the prevailing rate of wage for a similar classification of labor, the Contractor shall pay not less than the wage which is the higher of the two.

G. The Contractor, on or before the date of commencement of work, shall file a statement under

oath with the Owner and with the director of Labor and Industries certifying the rate of hourly wage paid and to be paid each classification of laborers, workmen, or mechanics employed upon the work by the Contractor or Subcontractor which shall be not less than the prevailing rate of wage. Such statement and any supplemental statements which may be necessary shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries.

H. In case any dispute arises as to what are the prevailing rates of wages for work of a similar

nature and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and his decision therein shall be final and conclusive and binding on all parties involved in the dispute.


I. Prior to commencing work, each contractor and each and every subcontractor shall file a sworn statement of intent with the Owner and with the Department of Labor and Industries as to the prevailing wage rate, including fringe benefits, for each job classification to be utilized.

J. Each application for payment submitted by a Contractor for payment on a project estimate

shall state that prevailing wages have been paid in accordance with the pre-filed statement or statements of intent on file with the Department of Labor and Industries as approved by the Industrial Statistician.

K. At the conclusion of the project, the Contractor and its subcontractors shall submit affidavits

of wages paid and request for release to the Department of Labor and Industries for certification by the Director. Release of retainage on the contract shall be withheld until certification by the Director has been received by the Owner that the prevailing wage requirements of the law have been satisfied.

18.3 Water Pollution Control Requirements

A. The Contractor shall conduct the Work in accordance with all applicable pollution control

laws. The Contractor shall comply with and be liable for all penalties, damages, and violations under Chapter 90.48 RCW, in performance of the Work.

18.4 Prevention of Environmental Pollution & Preservation of Public Natural Resources

A. The following list represents those federal, state and local statutes, ordinances and

regulations pertinent to the preservation of public natural resources currently known to the Owner that may affect or are affected by the work. Bidders shall review such materials and related regulations prior to submitting bids.

1. Federal. National Environmental Policy Act of 1969, 42 USGC 4321 et. seq; Executive

Order 11514; Clean Water Act, 33 USGC 1251 et seq.

2. STATE. Water Pollution Control Act, Chapter 90.48 RCW; State Environmental Policy Act of 1971, Chapter 43.21 C RCW and WAC Chapter 197-11; Noise Control Act of 1974, Chapter 70.107 RCW; Washington Clean Air Act, Chapter 70.94 RCW and WAC Chapter 173-400; Shoreline Management Act of 1971; Chapter 90.58 RCW.

END OF SECTION

Well 2R and 7 Rehabilitation (2019) Supplementary Conditions March 2019 00731-1

SUPPLEMENTARY CONDITIONS

SECTION 00731

GENERAL These Supplementary Conditions (SC's) amend or supplement the Standard General Conditions (General Conditions) of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect.

ARTICLE 3 – CONTRACTS DOCUMENTS; INTENT, AMENDING, REUSE

SC – 3.03.B. Delete Paragraph 3.03.B.1.a of the General Conditions in its entirety and insert the following in its place:

a. In resolving conflicts resulting from errors or discrepancies in any of the Contract

Documents, the order of precedence shall be as follows: 1. Permits from other agencies as may be required by law 2. Change Orders 3. Agreement 4. Addenda 5. Contractor's Bid (Bid Form) 6. Supplementary Conditions 7. General Conditions 8. Technical Specifications 9. Referenced Standard Specifications 10. Drawings

With reference to the Drawings the order of precedence is as follows:

a. Dimensions govern over scaled dimensions. b. Detail drawings govern over general drawings. c. Addenda and Change Order drawings govern over any other drawings. d. Contract Drawings govern over standard drawings.

ARTICLE 5 – BONDS AND INSURANCE

SC – 5.04.G Delete Paragraph 5.04.G of the General Conditions in its entirety and replace it with the following:

G. The Contractor shall provide the Owner and all additional insureds with written notice

of any policy cancellation within two days of receipt of such notice. Failure to maintain the insurance required shall constitute a material breach of contract, upon which Owner may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Owner on demand, or at the sole discretion of the Owner, offset against funds due the Contractor from the owner.

Well 2R and 7 Rehabilitation (2019) Supplementary Conditions March 2019 00731-2

ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC – 6.02.E Add the following at the end of Section 6.02:

Regular working hours shall be 8 hours per day, with maximum 1 hour for lunch break, 5 days per week, Monday thru Friday, no more than 40 work hours per week. The hours of work may be between 7 a.m. and 5 p.m. Work outside these parameters is not permitted unless requested by the Contractor in writing and approved by the Owner in writing. A 10-hour day, four days per week, will be permitted, but must be requested in writing prior to the actual work. The Contractor shall submit their work schedule at the pre-construction meeting. Any change in schedule shall be requested minimum 72 hours before the actual change. When work hours are greater than 8 hours per day (or 10 hours per day if approved) or more than 40 hours per week, this shall be considered overtime. The Contractor shall notify the Owner minimum 72 hours before the actual work when intending to work overtime.

SC – 6.20.A.10 Add the following paragraph to Section 6.20 A.

A. CONTRACTOR may rely upon the general accuracy of the technical data contained

in reports and drawings listed below, except for such physical dimensions that can be field verified. The reports are available at from the Engineer upon request. The following reports and drawings shall not be understood to be and are NOT Contract Documents. The Contractor shall indemnify, defend, and hold harmless the Owner, the Engineer, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the Work, but not from the sole negligence or willful misconduct of the Owner and/or the Engineer. Such indemnification by the Contractor shall include, but not be limited to, the following:

SC – 6.20.E. Add the following at the end of Paragraph 6.20 of the General Conditions:

E. The provisions of this section shall survive the expiration or termination of this contract.

END OF SECTION

3/11/2019 about:blank

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State of Washington

Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335

PO Box 44540, Olympia, WA 98504-4540

Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringebenefits. On public works projects, worker's wage and benefit rates must add to not less than thistotal. A brief description of overtime calculation requirements are provided on the Benefit Code

Key.

Journey Level Prevailing Wage Rates for the Effective Date: 03/28/2019 County Trade Job Classification Wage Holiday Overtime NoteKitsap Asbestos Abatement Workers Journey Level $46.57 5D 1H

Kitsap Boilermakers Journey Level $66.54 5N 1C

Kitsap Brick Mason Journey Level $57.32 5A 1M

Kitsap Brick Mason Pointer-Caulker-Cleaner $57.32 5A 1M

Kitsap Building Service Employees Janitor $12.00 1

Kitsap Building Service Employees Shampooer $12.00 1

Kitsap Building Service Employees Waxer $12.00 1

Kitsap Building Service Employees Window Cleaner $13.22 1

Kitsap Cabinet Makers (In Shop) Journey Level $23.72 1

Kitsap Carpenters Acoustical Worker $60.04 5D 4C

Kitsap Carpenters Bridge, Dock And WharfCarpenters

$60.04 5D 4C

Kitsap Carpenters Carpenter $60.04 5D 4C

Kitsap Carpenters Carpenters on Stationary Tools $60.17 5D 4C

Kitsap Carpenters Creosoted Material $60.14 5D 4C

Kitsap Carpenters Floor Finisher $60.04 5D 4C

Kitsap Carpenters Floor Layer $60.04 5D 4C

Kitsap Carpenters Scaffold Erector $60.04 5D 4C

Kitsap Cement Masons Journey Level $60.07 7A 4U

Kitsap Divers & Tenders Bell/Vehicle or SubmersibleOperator (Not Under Pressure)

$113.60 5D 4C

Kitsap Divers & Tenders Dive Supervisor/Master $76.33 5D 4C

Kitsap Divers & Tenders Diver $113.60 5D 4C 8V

Kitsap Divers & Tenders Diver On Standby $71.33 5D 4C

Kitsap Divers & Tenders Diver Tender $64.71 5D 4C

Kitsap Divers & Tenders Manifold Operator $64.71 5D 4C

Kitsap Divers & Tenders Manifold Operator Mixed Gas $69.71 5D 4C

Kitsap Divers & Tenders Remote Operated VehicleOperator/Technician

$64.71 5D 4C

Kitsap Divers & Tenders Remote Operated Vehicle Tender $60.29 5A 4C

Kitsap Dredge Workers Assistant Engineer $56.44 5D 3F

Kitsap Dredge Workers Assistant Mate (Deckhand) $56.00 5D 3F

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Kitsap Dredge Workers Boatmen $56.44 5D 3F

Kitsap Dredge Workers Engineer Welder $57.51 5D 3F

Kitsap Dredge Workers Leverman, Hydraulic $58.67 5D 3F

Kitsap Dredge Workers Mates $56.44 5D 3F

Kitsap Dredge Workers Oiler $56.00 5D 3F

Kitsap Drywall Applicator Journey Level $58.48 5D 1H

Kitsap Drywall Tapers Journey Level $59.32 5P 1E

Kitsap Electrical Fixture MaintenanceWorkers

Journey Level $30.59 5L 1E

Kitsap Electricians - Inside Cable Splicer $81.32 7C 4E

Kitsap Electricians - Inside Cable Splicer (tunnel) $87.37 7C 4E

Kitsap Electricians - Inside Certified Welder $78.55 7C 4E

Kitsap Electricians - Inside Certified Welder (tunnel) $84.34 7C 4E

Kitsap Electricians - Inside Construction Stock Person $41.49 7C 4E

Kitsap Electricians - Inside Journey Level $75.80 7C 4E

Kitsap Electricians - Inside Journey Level (tunnel) $81.32 7C 4E

Kitsap Electricians - Motor Shop Craftsman $15.37 1

Kitsap Electricians - Motor Shop Journey Level $14.69 1

Kitsap Electricians - PowerlineConstruction

Cable Splicer $79.60 5A 4D


Certified Line Welder $72.98 5A 4D


Groundperson $47.94 5A 4D


Heavy Line Equipment Operator $72.98 5A 4D


Journey Level Lineperson $72.98 5A 4D


Line Equipment Operator $62.06 5A 4D


Meter Installer $47.94 5A 4D 8W


Pole Sprayer $72.98 5A 4D


Powderperson $54.55 5A 4D

Kitsap Electronic Technicians Journey Level $50.57 7E 1E

Kitsap Elevator Constructors Mechanic $94.22 7D 4A

Kitsap Elevator Constructors Mechanic In Charge $101.73 7D 4A

Kitsap Fabricated Precast ConcreteProducts

Journey Level $13.50 1

Kitsap Fabricated Precast ConcreteProducts

Journey Level - In-Factory WorkOnly

$13.50 1

Kitsap Fence Erectors Fence Erector $41.45 7A 3I

Kitsap Fence Erectors Fence Laborer $41.45 7A 3I

Kitsap Flaggers Journey Level $41.45 7A 3I

Kitsap Glaziers Journey Level $64.56 7L 1Y

Kitsap Heat & Frost Insulators AndAsbestos Workers

Journeyman $73.58 5J 4H






































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Kitsap Heating Equipment Mechanics Journey Level $82.51 7F 1E

Kitsap Hod Carriers & Mason Tenders Journey Level $50.42 7A 3I

Kitsap Industrial Power Vacuum Cleaner Journey Level $29.89 1

Kitsap Inland Boatmen Boat Operator $61.41 5B 1K

Kitsap Inland Boatmen Cook $56.48 5B 1K

Kitsap Inland Boatmen Deckhand $57.48 5B 1K

Kitsap Inland Boatmen Deckhand Engineer $58.81 5B 1K

Kitsap Inland Boatmen Launch Operator $58.89 5B 1K

Kitsap Inland Boatmen Mate $57.31 5B 1K

Kitsap Inspection/Cleaning/Sealing OfSewer & Water Systems ByRemote Control

Cleaner Operator, FoamerOperator

$12.00 1


Grout Truck Operator $12.00 1


Head Operator $12.78 1


Tv Truck Operator $24.17 1

Kitsap Insulation Applicators Journey Level $60.04 5D 4C

Kitsap Ironworkers Journeyman $69.28 7N 1O

Kitsap Laborers Air, Gas Or Electric VibratingScreed

$48.90 7A 3I

Kitsap Laborers Airtrac Drill Operator $50.42 7A 3I

Kitsap Laborers Ballast Regular Machine $48.90 7A 3I

Kitsap Laborers Batch Weighman $41.45 7A 3I

Kitsap Laborers Brick Pavers $48.90 7A 3I

Kitsap Laborers Brush Cutter $48.90 7A 3I

Kitsap Laborers Brush Hog Feeder $48.90 7A 3I

Kitsap Laborers Burner $48.90 7A 3I

Kitsap Laborers Caisson Worker $50.42 7A 3I

Kitsap Laborers Carpenter Tender $48.90 7A 3I

Kitsap Laborers Caulker $48.90 7A 3I

Kitsap Laborers Cement Dumper-paving $49.81 7A 3I

Kitsap Laborers Cement Finisher Tender $48.90 7A 3I

Kitsap Laborers Change House Or Dry Shack $48.90 7A 3I

Kitsap Laborers Chipping Gun (under 30 Lbs.) $48.90 7A 3I

Kitsap Laborers Chipping Gun(30 Lbs. And Over) $49.81 7A 3I

Kitsap Laborers Choker Setter $48.90 7A 3I

Kitsap Laborers Chuck Tender $48.90 7A 3I

Kitsap Laborers Clary Power Spreader $49.81 7A 3I

Kitsap Laborers Clean-up Laborer $48.90 7A 3I

Kitsap Laborers Concrete Dumper/chute Operator $49.81 7A 3I

Kitsap Laborers Concrete Form Stripper $48.90 7A 3I

Kitsap Laborers Concrete Placement Crew $49.81 7A 3I

Kitsap Laborers Concrete Saw Operator/coreDriller

$49.81 7A 3I









































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Kitsap Laborers Crusher Feeder $41.45 7A 3I

Kitsap Laborers Curing Laborer $48.90 7A 3I

Kitsap Laborers Demolition: Wrecking & Moving(incl. Charred Material)

$48.90 7A 3I

Kitsap Laborers Ditch Digger $48.90 7A 3I

Kitsap Laborers Diver $50.42 7A 3I

Kitsap Laborers Drill Operator(hydraulic,diamond)

$49.81 7A 3I

Kitsap Laborers Dry Stack Walls $48.90 7A 3I

Kitsap Laborers Dump Person $48.90 7A 3I

Kitsap Laborers Epoxy Technician $48.90 7A 3I

Kitsap Laborers Erosion Control Worker $48.90 7A 3I

Kitsap Laborers Faller & Bucker Chain Saw $49.81 7A 3I

Kitsap Laborers Fine Graders $48.90 7A 3I

Kitsap Laborers Firewatch $41.45 7A 3I

Kitsap Laborers Form Setter $48.90 7A 3I

Kitsap Laborers Gabian Basket Builders $48.90 7A 3I

Kitsap Laborers General Laborer $48.90 7A 3I

Kitsap Laborers Grade Checker & Transit Person $50.42 7A 3I

Kitsap Laborers Grinders $48.90 7A 3I

Kitsap Laborers Grout Machine Tender $48.90 7A 3I

Kitsap Laborers Groutmen (pressure)includingPost Tension Beams

$49.81 7A 3I

Kitsap Laborers Guardrail Erector $48.90 7A 3I

Kitsap Laborers Hazardous Waste Worker (level A) $50.42 7A 3I

Kitsap Laborers Hazardous Waste Worker (level B) $49.81 7A 3I

Kitsap Laborers Hazardous Waste Worker (level C) $48.90 7A 3I

Kitsap Laborers High Scaler $50.42 7A 3I

Kitsap Laborers Jackhammer $49.81 7A 3I

Kitsap Laborers Laserbeam Operator $49.81 7A 3I

Kitsap Laborers Maintenance Person $48.90 7A 3I

Kitsap Laborers Manhole Builder-mudman $49.81 7A 3I

Kitsap Laborers Material Yard Person $48.90 7A 3I

Kitsap Laborers Motorman-dinky Locomotive $49.81 7A 3I

Kitsap Laborers Nozzleman (concrete Pump,Green Cutter When UsingCombination Of High Pressure Air& Water On Concrete & Rock,Sandblast, Gunite, Shotcrete,Water Bla

$49.81 7A 3I

Kitsap Laborers Pavement Breaker $49.81 7A 3I

Kitsap Laborers Pilot Car $41.45 7A 3I

Kitsap Laborers Pipe Layer Lead $50.42 7A 3I

Kitsap Laborers Pipe Layer/tailor $49.81 7A 3I

Kitsap Laborers Pipe Pot Tender $49.81 7A 3I

Kitsap Laborers Pipe Reliner $49.81 7A 3I

Kitsap Laborers Pipe Wrapper $49.81 7A 3I

Kitsap Laborers Pot Tender $48.90 7A 3I










































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Kitsap Laborers Powderman $50.42 7A 3I

Kitsap Laborers Powderman's Helper $48.90 7A 3I

Kitsap Laborers Power Jacks $49.81 7A 3I

Kitsap Laborers Railroad Spike Puller - Power $49.81 7A 3I

Kitsap Laborers Raker - Asphalt $50.42 7A 3I

Kitsap Laborers Re-timberman $50.42 7A 3I

Kitsap Laborers Remote Equipment Operator $49.81 7A 3I

Kitsap Laborers Rigger/signal Person $49.81 7A 3I

Kitsap Laborers Rip Rap Person $48.90 7A 3I

Kitsap Laborers Rivet Buster $49.81 7A 3I

Kitsap Laborers Rodder $49.81 7A 3I

Kitsap Laborers Scaffold Erector $48.90 7A 3I

Kitsap Laborers Scale Person $48.90 7A 3I

Kitsap Laborers Sloper (over 20") $49.81 7A 3I

Kitsap Laborers Sloper Sprayer $48.90 7A 3I

Kitsap Laborers Spreader (concrete) $49.81 7A 3I

Kitsap Laborers Stake Hopper $48.90 7A 3I

Kitsap Laborers Stock Piler $48.90 7A 3I

Kitsap Laborers Tamper & Similar Electric, Air &Gas Operated Tools

$49.81 7A 3I

Kitsap Laborers Tamper (multiple & Self-propelled)

$49.81 7A 3I

Kitsap Laborers Timber Person - Sewer (lagger,Shorer & Cribber)

$49.81 7A 3I

Kitsap Laborers Toolroom Person (at Jobsite) $48.90 7A 3I

Kitsap Laborers Topper $48.90 7A 3I

Kitsap Laborers Track Laborer $48.90 7A 3I

Kitsap Laborers Track Liner (power) $49.81 7A 3I

Kitsap Laborers Traffic Control Laborer $44.33 7A 3I 8R

Kitsap Laborers Traffic Control Supervisor $44.33 7A 3I 8R

Kitsap Laborers Truck Spotter $48.90 7A 3I

Kitsap Laborers Tugger Operator $49.81 7A 3I

Kitsap Laborers Tunnel Work-Compressed AirWorker 0-30 psi

$107.60 7A 3I 8Q

Kitsap Laborers Tunnel Work-Compressed AirWorker 30.01-44.00 psi

$112.63 7A 3I 8Q


$116.31 7A 3I 8Q


$122.01 7A 3I 8Q


$124.13 7A 3I 8Q


$129.23 7A 3I 8Q


$131.13 7A 3I 8Q


$133.13 7A 3I 8Q

Kitsap Laborers Tunnel Work-Compressed Air $135.13 7A 3I 8Q








































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Worker 72.01-74.00 psi

Kitsap Laborers Tunnel Work-Guage and LockTender

$50.52 7A 3I 8Q

Kitsap Laborers Tunnel Work-Miner $50.52 7A 3I 8Q

Kitsap Laborers Vibrator $49.81 7A 3I

Kitsap Laborers Vinyl Seamer $48.90 7A 3I

Kitsap Laborers Watchman $37.67 7A 3I

Kitsap Laborers Welder $49.81 7A 3I

Kitsap Laborers Well Point Laborer $49.81 7A 3I

Kitsap Laborers Window Washer/cleaner $37.67 7A 3I

Kitsap Laborers - Underground Sewer &Water

General Laborer & Topman $48.90 7A 3I

Kitsap Laborers - Underground Sewer &Water

Pipe Layer $49.81 7A 3I

Kitsap Landscape Construction Landscape Laborer $37.67 7A 3I

Kitsap Landscape Construction Landscape Operator $62.77 7A 3K 8X

Kitsap Landscape Maintenance Groundskeeper $12.92 1

Kitsap Lathers Journey Level $58.48 5D 1H

Kitsap Marble Setters Journey Level $57.32 5A 1M

Kitsap Metal Fabrication (In Shop) Fitter $26.96 1

Kitsap Metal Fabrication (In Shop) Laborer $12.00 1

Kitsap Metal Fabrication (In Shop) Machine Operator $13.83 1

Kitsap Metal Fabrication (In Shop) Welder $13.83 1

Kitsap Millwright Journey Level $61.54 5D 4C

Kitsap Modular Buildings Cabinet Assembly $12.00 1

Kitsap Modular Buildings Electrician $12.00 1

Kitsap Modular Buildings Equipment Maintenance $12.00 1

Kitsap Modular Buildings Plumber $12.00 1

Kitsap Modular Buildings Production Worker $12.00 1

Kitsap Modular Buildings Tool Maintenance $12.00 1

Kitsap Modular Buildings Utility Person $12.00 1

Kitsap Modular Buildings Welder $12.00 1

Kitsap Painters Journey Level $42.50 6Z 2B

Kitsap Pile Driver Crew Tender/Technician $64.71 5D 4C

Kitsap Pile Driver Hyperbaric Worker - CompressedAir Worker 0-30.00 PSI

$74.87 5D 4C

Kitsap Pile Driver Hyperbaric Worker - CompressedAir Worker 30.01 - 44.00 PSI

$79.87 5D 4C


$83.87 5D 4C


$88.87 5D 4C


$91.37 5D 4C


$96.37 5D 4C


$98.37 5D 4C

Kitsap Pile Driver Hyperbaric Worker - Compressed $100.37 5D 4C








































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Air Worker 70.01 - 72.00 PSI


$102.37 5D 4C

Kitsap Pile Driver Journey Level $60.29 5D 4C

Kitsap Pile Driver Manifold Operator (LST) $69.71 5D 4C

Kitsap Plasterers Journey Level $56.54 7Q 1R

Kitsap Playground & Park EquipmentInstallers


Kitsap Plumbers & Pipefitters Journey Level $71.42 5A 1G

Kitsap Power Equipment Operators Asphalt Plant Operators $63.83 7A 3K 8X

Kitsap Power Equipment Operators Assistant Engineer $60.04 7A 3K 8X

Kitsap Power Equipment Operators Barrier Machine (zipper) $63.27 7A 3K 8X

Kitsap Power Equipment Operators Batch Plant Operator: concrete $63.27 7A 3K 8X

Kitsap Power Equipment Operators Bobcat $60.04 7A 3K 8X

Kitsap Power Equipment Operators Brokk - Remote DemolitionEquipment

$60.04 7A 3K 8X

Kitsap Power Equipment Operators Brooms $60.04 7A 3K 8X

Kitsap Power Equipment Operators Bump Cutter $63.27 7A 3K 8X

Kitsap Power Equipment Operators Cableways $63.83 7A 3K 8X

Kitsap Power Equipment Operators Chipper $63.27 7A 3K 8X

Kitsap Power Equipment Operators Compressor $60.04 7A 3K 8X

Kitsap Power Equipment Operators Concrete Finish Machine - LaserScreed

$60.04 7A 3K 8X

Kitsap Power Equipment Operators Concrete Pump - Mounted OrTrailer High Pressure Line Pump,Pump High Pressure

$62.77 7A 3K 8X

Kitsap Power Equipment Operators Concrete Pump: Truck MountWith Boom Attachment Over 42 M

$63.83 7A 3K 8X

Kitsap Power Equipment Operators Concrete Pump: Truck MountWith Boom Attachment Up To42m

$63.27 7A 3K 8X

Kitsap Power Equipment Operators Conveyors $62.77 7A 3K 8X

Kitsap Power Equipment Operators Cranes friction: 200 tons and over $65.77 7A 3K 8X

Kitsap Power Equipment Operators Cranes: 100 tons through 199tons, or 150’ of boom (includingjib with attachments)

$64.47 7A 3K 8X

Kitsap Power Equipment Operators Cranes: 20 Tons Through 44 TonsWith Attachments

$63.27 7A 3K 8X

Kitsap Power Equipment Operators Cranes: 200 tons- 299 tons, or250’ of boom including jib withattachments

$65.13 7A 3K 8X

Kitsap Power Equipment Operators Cranes: 300 tons and over or 300’of boom including jib withattachments

$65.77 7A 3K 8X

Kitsap Power Equipment Operators Cranes: 45 Tons Through 99 Tons,Under 150' Of Boom (including JibWith Attachments)

$63.83 7A 3K 8X

Kitsap Power Equipment Operators Cranes: A-frame - 10 Tons AndUnder

$60.04 7A 3K 8X

Kitsap Power Equipment Operators Cranes: Friction cranes through199 tons

$65.13 7A 3K 8X
































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Kitsap Power Equipment Operators Cranes: through 19 tons withattachments, A-frame over 10tons

$62.77 7A 3K 8X

Kitsap Power Equipment Operators Crusher $63.27 7A 3K 8X

Kitsap Power Equipment Operators Deck Engineer/Deck Winches(power)

$63.27 7A 3K 8X

Kitsap Power Equipment Operators Derricks, On Building Work $63.83 7A 3K 8X

Kitsap Power Equipment Operators Dozers D-9 & Under $62.77 7A 3K 8X

Kitsap Power Equipment Operators Drill Oilers: Auger Type, Truck OrCrane Mount

$62.77 7A 3K 8X

Kitsap Power Equipment Operators Drilling Machine $64.47 7A 3K 8X

Kitsap Power Equipment Operators Elevator And Man-lift: PermanentAnd Shaft Type

$60.04 7A 3K 8X

Kitsap Power Equipment Operators Finishing Machine, Bidwell AndGamaco & Similar Equipment

$63.27 7A 3K 8X

Kitsap Power Equipment Operators Forklift: 3000 Lbs And Over WithAttachments

$62.77 7A 3K 8X

Kitsap Power Equipment Operators Forklifts: Under 3000 Lbs. WithAttachments

$60.04 7A 3K 8X

Kitsap Power Equipment Operators Grade Engineer: Using BluePrints, Cut Sheets, Etc

$63.27 7A 3K 8X

Kitsap Power Equipment Operators Gradechecker/Stakeman $60.04 7A 3K 8X

Kitsap Power Equipment Operators Guardrail Punch $63.27 7A 3K 8X

Kitsap Power Equipment Operators Hard Tail End Dump ArticulatingOff- Road Equipment 45 Yards. &Over

$63.83 7A 3K 8X

Kitsap Power Equipment Operators Hard Tail End Dump ArticulatingOff-road Equipment Under 45Yards

$63.27 7A 3K 8X

Kitsap Power Equipment Operators Horizontal/Directional DrillLocator

$62.77 7A 3K 8X

Kitsap Power Equipment Operators Horizontal/Directional DrillOperator

$63.27 7A 3K 8X

Kitsap Power Equipment Operators Hydralifts/Boom Trucks Over 10Tons

$62.77 7A 3K 8X

Kitsap Power Equipment Operators Hydralifts/Boom Trucks, 10 TonsAnd Under

$60.04 7A 3K 8X

Kitsap Power Equipment Operators Loader, Overhead 8 Yards. &Over

$64.47 7A 3K 8X

Kitsap Power Equipment Operators Loader, Overhead, 6 Yards. ButNot Including 8 Yards

$63.83 7A 3K 8X

Kitsap Power Equipment Operators Loaders, Overhead Under 6 Yards $63.27 7A 3K 8X

Kitsap Power Equipment Operators Loaders, Plant Feed $63.27 7A 3K 8X

Kitsap Power Equipment Operators Loaders: Elevating Type Belt $62.77 7A 3K 8X

Kitsap Power Equipment Operators Locomotives, All $63.27 7A 3K 8X

Kitsap Power Equipment Operators Material Transfer Device $63.27 7A 3K 8X

Kitsap Power Equipment Operators Mechanics, All (leadmen - $0.50Per Hour Over Mechanic)

$64.47 7A 3K 8X

Kitsap Power Equipment Operators Motor Patrol Graders $63.83 7A 3K 8X

Kitsap Power Equipment Operators Mucking Machine, Mole, TunnelDrill, Boring, Road Header And/orShield

$63.83 7A 3K 8X
































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Kitsap Power Equipment Operators Oil Distributors, BlowerDistribution & Mulch SeedingOperator

$60.04 7A 3K 8X

Kitsap Power Equipment Operators Outside Hoists (Elevators AndManlifts), Air Tuggers, Strato

$62.77 7A 3K 8X

Kitsap Power Equipment Operators Overhead, Bridge Type Crane: 20Tons Through 44 Tons

$63.27 7A 3K 8X

Kitsap Power Equipment Operators Overhead, Bridge Type: 100 TonsAnd Over

$64.47 7A 3K 8X

Kitsap Power Equipment Operators Overhead, Bridge Type: 45 TonsThrough 99 Tons

$63.83 7A 3K 8X

Kitsap Power Equipment Operators Pavement Breaker $60.04 7A 3K 8X

Kitsap Power Equipment Operators Pile Driver (other Than CraneMount)

$63.27 7A 3K 8X

Kitsap Power Equipment Operators Plant Oiler - Asphalt, Crusher $62.77 7A 3K 8X

Kitsap Power Equipment Operators Posthole Digger, Mechanical $60.04 7A 3K 8X

Kitsap Power Equipment Operators Power Plant $60.04 7A 3K 8X

Kitsap Power Equipment Operators Pumps - Water $60.04 7A 3K 8X

Kitsap Power Equipment Operators Quad 9, Hd 41, D10 And Over $63.83 7A 3K 8X

Kitsap Power Equipment Operators Quick Tower - No Cab, Under 100Feet In Height Based To Boom

$60.04 7A 3K 8X

Kitsap Power Equipment Operators Remote Control Operator OnRubber Tired Earth MovingEquipment

$63.83 7A 3K 8X

Kitsap Power Equipment Operators Rigger and Bellman $60.04 7A 3K 8X

Kitsap Power Equipment Operators Rigger/Signal Person, Bellman(Certified)

$62.77 7A 3K 8X

Kitsap Power Equipment Operators Rollagon $63.83 7A 3K 8X

Kitsap Power Equipment Operators Roller, Other Than Plant Mix $60.04 7A 3K 8X

Kitsap Power Equipment Operators Roller, Plant Mix Or Multi-liftMaterials

$62.77 7A 3K 8X

Kitsap Power Equipment Operators Roto-mill, Roto-grinder $63.27 7A 3K 8X

Kitsap Power Equipment Operators Saws - Concrete $62.77 7A 3K 8X

Kitsap Power Equipment Operators Scraper, Self Propelled Under 45Yards

$63.27 7A 3K 8X

Kitsap Power Equipment Operators Scrapers - Concrete & Carry All $62.77 7A 3K 8X

Kitsap Power Equipment Operators Scrapers, Self-propelled: 45 YardsAnd Over

$63.83 7A 3K 8X

Kitsap Power Equipment Operators Service Engineers - Equipment $62.77 7A 3K 8X

Kitsap Power Equipment Operators Shotcrete/Gunite Equipment $60.04 7A 3K 8X

Kitsap Power Equipment Operators Shovel , Excavator, Backhoe,Tractors Under 15 Metric Tons

$62.77 7A 3K 8X

Kitsap Power Equipment Operators Shovel, Excavator, Backhoe: Over30 Metric Tons To 50 Metric Tons

$63.83 7A 3K 8X

Kitsap Power Equipment Operators Shovel, Excavator, Backhoes,Tractors: 15 To 30 Metric Tons

$63.27 7A 3K 8X

Kitsap Power Equipment Operators Shovel, Excavator, Backhoes:Over 50 Metric Tons To 90 MetricTons

$64.47 7A 3K 8X

Kitsap Power Equipment Operators Shovel, Excavator, Backhoes:Over 90 Metric Tons

$65.13 7A 3K 8X

































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Kitsap Power Equipment Operators Slipform Pavers $63.83 7A 3K 8X

Kitsap Power Equipment Operators Spreader, Topsider & Screedman $63.83 7A 3K 8X

Kitsap Power Equipment Operators Subgrader Trimmer $63.27 7A 3K 8X

Kitsap Power Equipment Operators Tower Bucket Elevators $62.77 7A 3K 8X

Kitsap Power Equipment Operators Tower Crane Up To 175' In HeightBase To Boom

$64.47 7A 3K 8X

Kitsap Power Equipment Operators Tower Crane: over 175’ through250’ in height, base to boom

$65.13 7A 3K 8X

Kitsap Power Equipment Operators Tower Cranes: over 250’ in heightfrom base to boom

$65.77 7A 3K 8X

Kitsap Power Equipment Operators Transporters, All Track Or TruckType

$63.83 7A 3K 8X

Kitsap Power Equipment Operators Trenching Machines $62.77 7A 3K 8X

Kitsap Power Equipment Operators Truck Crane Oiler/driver - 100Tons And Over

$63.27 7A 3K 8X

Kitsap Power Equipment Operators Truck Crane Oiler/Driver Under100 Tons

$62.77 7A 3K 8X

Kitsap Power Equipment Operators Truck Mount Portable Conveyor $63.27 7A 3K 8X

Kitsap Power Equipment Operators Welder $63.83 7A 3K 8X

Kitsap Power Equipment Operators Wheel Tractors, Farmall Type $60.04 7A 3K 8X

Kitsap Power Equipment Operators Yo Yo Pay Dozer $63.27 7A 3K 8X

Kitsap Power Equipment Operators-Underground Sewer & Water

Asphalt Plant Operators $63.83 7A 3K 8X


Assistant Engineer $60.04 7A 3K 8X


Barrier Machine (zipper) $63.27 7A 3K 8X


Batch Plant Operator, Concrete $63.27 7A 3K 8X


Bobcat $60.04 7A 3K 8X


Brokk - Remote DemolitionEquipment

$60.04 7A 3K 8X


Brooms $60.04 7A 3K 8X


Bump Cutter $63.27 7A 3K 8X


Cableways $63.83 7A 3K 8X


Chipper $63.27 7A 3K 8X


Compressor $60.04 7A 3K 8X


Concrete Finish Machine - LaserScreed

$60.04 7A 3K 8X


Concrete Pump - Mounted OrTrailer High Pressure Line Pump,Pump High Pressure

$62.77 7A 3K 8X


Concrete Pump: Truck MountWith Boom Attachment Over 42 M

$63.83 7A 3K 8X


Concrete Pump: Truck MountWith Boom Attachment Up To

$63.27 7A 3K 8X
































about:blank 11/17

42m


Conveyors $62.77 7A 3K 8X


Cranes friction: 200 tons and over $65.77 7A 3K 8X


Cranes: 100 tons through 199tons, or 150’ of boom (includingjib with attachments)

$64.47 7A 3K 8X


Cranes: 20 Tons Through 44 TonsWith Attachments

$63.27 7A 3K 8X


Cranes: 200 tons- 299 tons, or250’ of boom including jib withattachments

$65.13 7A 3K 8X


Cranes: 300 tons and over or 300’of boom including jib withattachments

$65.77 7A 3K 8X


Cranes: 45 Tons Through 99 Tons,Under 150' Of Boom (including JibWith Attachments)

$63.83 7A 3K 8X


Cranes: A-frame - 10 Tons AndUnder

$60.04 7A 3K 8X


Cranes: Friction cranes through199 tons

$65.13 7A 3K 8X


Cranes: through 19 tons withattachments, A-frame over 10tons

$62.77 7A 3K 8X


Crusher $63.27 7A 3K 8X


Deck Engineer/Deck Winches(power)

$63.27 7A 3K 8X


Derricks, On Building Work $63.83 7A 3K 8X


Dozers D-9 & Under $62.77 7A 3K 8X


Drill Oilers: Auger Type, Truck OrCrane Mount

$62.77 7A 3K 8X


Drilling Machine $64.47 7A 3K 8X


Elevator And Man-lift: PermanentAnd Shaft Type

$60.04 7A 3K 8X


Finishing Machine, Bidwell AndGamaco & Similar Equipment

$63.27 7A 3K 8X


Forklift: 3000 Lbs And Over WithAttachments

$62.77 7A 3K 8X


Forklifts: Under 3000 Lbs. WithAttachments

$60.04 7A 3K 8X


Grade Engineer: Using BluePrints, Cut Sheets, Etc

$63.27 7A 3K 8X


Gradechecker/Stakeman $60.04 7A 3K 8X


Guardrail Punch $63.27 7A 3K 8X

Kitsap Power Equipment Operators- Hard Tail End Dump Articulating $63.83 7A 3K 8X


























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Underground Sewer & Water Off- Road Equipment 45 Yards. &Over


Hard Tail End Dump ArticulatingOff-road Equipment Under 45Yards

$63.27 7A 3K 8X


Horizontal/Directional DrillLocator

$62.77 7A 3K 8X


Horizontal/Directional DrillOperator

$63.27 7A 3K 8X


Hydralifts/Boom Trucks Over 10Tons

$62.77 7A 3K 8X


Hydralifts/Boom Trucks, 10 TonsAnd Under

$60.04 7A 3K 8X


Loader, Overhead 8 Yards. &Over

$64.47 7A 3K 8X


Loader, Overhead, 6 Yards. ButNot Including 8 Yards

$63.83 7A 3K 8X


Loaders, Overhead Under 6 Yards $63.27 7A 3K 8X


Loaders, Plant Feed $63.27 7A 3K 8X


Loaders: Elevating Type Belt $62.77 7A 3K 8X


Locomotives, All $63.27 7A 3K 8X


Material Transfer Device $63.27 7A 3K 8X


Mechanics, All (leadmen - $0.50Per Hour Over Mechanic)

$64.47 7A 3K 8X


Motor Patrol Graders $63.83 7A 3K 8X


Mucking Machine, Mole, TunnelDrill, Boring, Road Header And/orShield

$63.83 7A 3K 8X


Oil Distributors, BlowerDistribution & Mulch SeedingOperator

$60.04 7A 3K 8X


Outside Hoists (Elevators AndManlifts), Air Tuggers, Strato

$62.77 7A 3K 8X


Overhead, Bridge Type Crane: 20Tons Through 44 Tons

$63.27 7A 3K 8X


Overhead, Bridge Type: 100 TonsAnd Over

$64.47 7A 3K 8X


Overhead, Bridge Type: 45 TonsThrough 99 Tons

$63.83 7A 3K 8X


Pavement Breaker $60.04 7A 3K 8X


Pile Driver (other Than CraneMount)

$63.27 7A 3K 8X


Plant Oiler - Asphalt, Crusher $62.77 7A 3K 8X


Posthole Digger, Mechanical $60.04 7A 3K 8X



























about:blank 13/17


Power Plant $60.04 7A 3K 8X


Pumps - Water $60.04 7A 3K 8X


Quad 9, Hd 41, D10 And Over $63.83 7A 3K 8X


Quick Tower - No Cab, Under 100Feet In Height Based To Boom

$60.04 7A 3K 8X


Remote Control Operator OnRubber Tired Earth MovingEquipment

$63.83 7A 3K 8X


Rigger and Bellman $60.04 7A 3K 8X


Rigger/Signal Person, Bellman(Certified)

$62.77 7A 3K 8X


Rollagon $63.83 7A 3K 8X


Roller, Other Than Plant Mix $60.04 7A 3K 8X


Roller, Plant Mix Or Multi-liftMaterials

$62.77 7A 3K 8X


Roto-mill, Roto-grinder $63.27 7A 3K 8X


Saws - Concrete $62.77 7A 3K 8X


Scraper, Self Propelled Under 45Yards

$63.27 7A 3K 8X


Scrapers - Concrete & Carry All $62.77 7A 3K 8X


Scrapers, Self-propelled: 45 YardsAnd Over

$63.83 7A 3K 8X


Service Engineers - Equipment $62.77 7A 3K 8X


Shotcrete/Gunite Equipment $60.04 7A 3K 8X


Shovel , Excavator, Backhoe,Tractors Under 15 Metric Tons

$62.77 7A 3K 8X


Shovel, Excavator, Backhoe: Over30 Metric Tons To 50 Metric Tons

$63.83 7A 3K 8X


Shovel, Excavator, Backhoes,Tractors: 15 To 30 Metric Tons

$63.27 7A 3K 8X


Shovel, Excavator, Backhoes:Over 50 Metric Tons To 90 MetricTons

$64.47 7A 3K 8X


Shovel, Excavator, Backhoes:Over 90 Metric Tons

$65.13 7A 3K 8X


Slipform Pavers $63.83 7A 3K 8X


Spreader, Topsider & Screedman $63.83 7A 3K 8X


Subgrader Trimmer $63.27 7A 3K 8X

Kitsap Power Equipment Operators- Tower Bucket Elevators $62.77 7A 3K 8X




























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Underground Sewer & Water


Tower Crane Up To 175' In HeightBase To Boom

$64.47 7A 3K 8X


Tower Crane: over 175’ through250’ in height, base to boom

$65.13 7A 3K 8X


Tower Cranes: over 250’ in heightfrom base to boom

$65.77 7A 3K 8X


Transporters, All Track Or TruckType

$63.83 7A 3K 8X


Trenching Machines $62.77 7A 3K 8X


Truck Crane Oiler/driver - 100Tons And Over

$63.27 7A 3K 8X


Truck Crane Oiler/Driver Under100 Tons

$62.77 7A 3K 8X


Truck Mount Portable Conveyor $63.27 7A 3K 8X


Welder $63.83 7A 3K 8X


Wheel Tractors, Farmall Type $60.04 7A 3K 8X


Yo Yo Pay Dozer $63.27 7A 3K 8X

Kitsap Power Line Clearance TreeTrimmers

Journey Level In Charge $49.96 5A 4A


Spray Person $47.37 5A 4A


Tree Equipment Operator $49.96 5A 4A


Tree Trimmer $44.57 5A 4A


Tree Trimmer Groundperson $33.60 5A 4A

Kitsap Refrigeration & Air ConditioningMechanics

Journey Level $70.71 5A 1G

Kitsap Residential Brick Mason Journey Level $57.32 5A 1M

Kitsap Residential Carpenters Journey Level $45.05 5D 4C

Kitsap Residential Cement Masons Journey Level $60.07 7A 4U

Kitsap Residential Drywall Applicators Journey Level $45.05 5D 4C

Kitsap Residential Drywall Tapers Journey Level $45.19 5P 1E

Kitsap Residential Electricians Journey Level $39.81 5Q 2O

Kitsap Residential Glaziers Journey Level $43.00 7L 1H

Kitsap Residential Insulation Applicators Journey Level $45.05 5D 4C

Kitsap Residential Laborers Journey Level $36.68 7A 1H

Kitsap Residential Marble Setters Journey Level $57.32 5A 1M

Kitsap Residential Painters Journey Level $42.50 6Z 2B

Kitsap Residential Plumbers & Pipefitters Journey Level $44.34 5A 1G

Kitsap Residential Refrigeration & AirConditioning Mechanics

Journey Level $41.01 5A 1G

Kitsap Residential Sheet Metal Workers Journey Level (Field or Shop) $50.01 7F 1R

Kitsap Residential Soft Floor Layers Journey Level $49.43 5A 3J



































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Kitsap Residential Sprinkler Fitters (FireProtection)

Journey Level $48.18 5C 2R

Kitsap Residential Stone Masons Journey Level $57.32 5A 1M

Kitsap Residential Terrazzo Workers Journey Level $52.61 5A 1M

Kitsap Residential Terrazzo/TileFinishers

Journey Level $43.44 5A 1B

Kitsap Residential Tile Setters Journey Level $52.61 5A 1M

Kitsap Roofers Journey Level $51.52 5A 3H

Kitsap Roofers Using Irritable BituminousMaterials

$54.52 5A 3H

Kitsap Sheet Metal Workers Journey Level (Field or Shop) $82.51 7F 1E

Kitsap Shipbuilding & Ship Repair New Construction Boilermaker $36.36 7V 1

Kitsap Shipbuilding & Ship Repair New Construction Carpenter $36.36 7V 1

Kitsap Shipbuilding & Ship Repair New Construction Crane Operator $36.36 7V 1

Kitsap Shipbuilding & Ship Repair New Construction Electrician $36.36 7V 1

Kitsap Shipbuilding & Ship Repair New Construction Heat & FrostInsulator

$73.58 5J 4H

Kitsap Shipbuilding & Ship Repair New Construction Laborer $36.36 7V 1

Kitsap Shipbuilding & Ship Repair New Construction Machinist $36.36 7V 1

Kitsap Shipbuilding & Ship Repair New Construction OperatingEngineer

$36.36 7V 1

Kitsap Shipbuilding & Ship Repair New Construction Painter $36.36 7V 1

Kitsap Shipbuilding & Ship Repair New Construction Pipefitter $36.36 7V 1

Kitsap Shipbuilding & Ship Repair New Construction Rigger $36.36 7V 1

Kitsap Shipbuilding & Ship Repair New Construction Sheet Metal $36.36 7V 1

Kitsap Shipbuilding & Ship Repair New Construction Shipfitter $36.36 7V 1

Kitsap Shipbuilding & Ship Repair New ConstructionWarehouse/Teamster

$36.36 7V 1

Kitsap Shipbuilding & Ship Repair New Construction Welder /Burner

$36.36 7V 1

Kitsap Shipbuilding & Ship Repair Ship Repair Boilermaker $44.95 7X 4J

Kitsap Shipbuilding & Ship Repair Ship Repair Carpenter $44.95 7X 4J

Kitsap Shipbuilding & Ship Repair Ship Repair Crane Operator $44.06 7Y 4K

Kitsap Shipbuilding & Ship Repair Ship Repair Electrician $44.95 7X 4J

Kitsap Shipbuilding & Ship Repair Ship Repair Heat & Frost Insulator $73.58 5J 4H

Kitsap Shipbuilding & Ship Repair Ship Repair Laborer $44.95 7X 4J

Kitsap Shipbuilding & Ship Repair Ship Repair Machinist $44.95 7X 4J

Kitsap Shipbuilding & Ship Repair Ship Repair Operating Engineer $44.06 7Y 4K

Kitsap Shipbuilding & Ship Repair Ship Repair Painter $44.95 7X 4J

Kitsap Shipbuilding & Ship Repair Ship Repair Pipefitter $44.95 7X 4J

Kitsap Shipbuilding & Ship Repair Ship Repair Rigger $44.95 7X 4J

Kitsap Shipbuilding & Ship Repair Ship Repair Sheet Metal $44.95 7X 4J

Kitsap Shipbuilding & Ship Repair Ship Repair Shipwright $44.95 7X 4J

Kitsap Shipbuilding & Ship Repair Ship Repair Warehouse /Teamster

$44.06 7Y 4K

Kitsap Sign Makers & Installers(Electrical)

Journey Level $49.70 0 1

Kitsap Sign Makers & Installers (Non-Electrical)

Journey Level $31.52 0 1









































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Kitsap Soft Floor Layers Journey Level $49.43 5A 3J

Kitsap Solar Controls For Windows Journey Level $12.00 1

Kitsap Sprinkler Fitters (Fire Protection) Journey Level $78.39 5C 1X

Kitsap Stage Rigging Mechanics (NonStructural)


Kitsap Stone Masons Journey Level $57.32 5A 1M

Kitsap Street And Parking Lot SweeperWorkers


Kitsap Surveyors Assistant Construction SiteSurveyor

$62.71 7A 3K 8X

Kitsap Surveyors Assistant Construction SiteSurveyor

$62.71 7A 3K 8X

Kitsap Surveyors Chainman $58.93 7A 3C 8P

Kitsap Surveyors Construction Site Surveyor $63.76 7A 3K 8X

Kitsap Telecommunication Technicians Journey Level $50.57 7E 1E

Kitsap Telephone Line Construction -Outside

Cable Splicer $41.22 5A 2B


Hole Digger/Ground Person $23.12 5A 2B


Installer (Repairer) $39.53 5A 2B


Special Aparatus Installer I $41.22 5A 2B


Special Apparatus Installer II $40.41 5A 2B


Telephone Equipment Operator(Heavy)

$41.22 5A 2B


Telephone Equipment Operator(Light)

$38.36 5A 2B


Telephone Lineperson $38.36 5A 2B


Television Groundperson $21.92 5A 2B


Television Lineperson/Installer $29.13 5A 2B


Television System Technician $34.68 5A 2B


Television Technician $31.18 5A 2B


Tree Trimmer $38.36 5A 2B

Kitsap Terrazzo Workers Journey Level $52.61 5A 1M

Kitsap Tile Setters Journey Level $52.61 5A 1M

Kitsap Tile, Marble & Terrazzo Finishers Finisher $43.44 5A 1B

Kitsap Traffic Control Stripers Journey Level $46.23 7A 1K

Kitsap Truck Drivers Asphalt Mix Over 16 Yards $54.30 5D 3A 8L

Kitsap Truck Drivers Asphalt Mix To 16 Yards $53.46 5D 3A 8L

Kitsap Truck Drivers Dump Truck $53.46 5D 3A 8L

Kitsap Truck Drivers Dump Truck & Trailer $54.30 5D 3A 8L

Kitsap Truck Drivers Other Trucks $54.30 5D 3A 8L



































about:blank 17/17

Kitsap Truck Drivers - Ready Mix Journey Level $20.79 1

Kitsap Well Drillers & Irrigation PumpInstallers

Irrigation Pump Installer $13.17 1


Oiler $14.08 1


Well Driller $14.40 1





Benefit Code Key – Effective 3/3/2019 thru 8/30/2019

1

************************************************************************************************************

Overtime Codes

Overtime calculations are based on the hourly rate actually paid to the worker. On public works projects, the hourly rate

must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for

the worker.

1. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE

PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE.

B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on

Sundays and holidays shall be paid at double the hourly rate of wage.

C. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday

shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on

Sundays and holidays shall be paid at double the hourly rate of wage.

D. The first two (2) hours before or after a five-eight (8) hour workweek day or a four-ten (10) hour workweek day and

the first eight (8) hours worked the next day after either workweek shall be paid at one and one-half times the hourly

rate of wage. All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly

rate of wage.

E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday

shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday,

and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.

F. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday

shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day,

shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly

rate of wage.

G. The first ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four-

ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten

(10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double

the hourly rate of wage.

H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment

breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through

Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate

of wage.

I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage.

J. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday

shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through

Saturday, Sundays and holidays shall be paid at double the hourly rate of wage.

K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours

worked on holidays shall be paid at double the hourly rate of wage.

M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid

at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double


N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage.

All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.


2

Overtime Codes Continued

1. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours

worked on Sundays, holidays and after twelve (12) hours, Monday through Friday and after ten (10) hours on Saturday

shall be paid at double the hourly rate of wage.

P. All hours worked on Saturdays (except makeup days if circumstances warrant) and Sundays shall be paid at one and

one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage.

Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on

Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10)

hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day) shall

be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times


R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage.

S. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday

shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays and all other overtime

hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day

shall be paid at three times the hourly rate of wage.

U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on

Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on

Labor Day shall be paid at three times the hourly rate of wage.

V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and

one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at

double the hourly rate of wage.

W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the

employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid

at double the hourly rate of wage.

X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday

shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday

through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on

Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the

holiday and all work performed shall be paid at double the hourly rate of wage.

Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any

employer and the employee) and all hours worked in excess of eight (8) hours per day (10 hours per day for a 4 x 10

workweek) and on Saturdays and holidays (except labor day) shall be paid at one and one-half times the hourly rate

of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the

workweek shall be paid at the straight-time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek) or

40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12) hours and all hours

worked on Sundays and Labor Day shall be paid at double the hourly rate of wage.

Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All

hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay.


3




B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage.

C. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on

holidays shall be paid at two times the hourly rate of wage.

F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday

pay. All hours worked in excess of eight (8) hours on holidays shall be paid at double the hourly rate of wage.

G. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays

shall be paid at two and one-half times the hourly rate of wage including holiday pay.

H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall

be paid at one and one-half times the hourly rate of wage.

O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage.

R. All hours worked on Sundays and holidays and all hours worked over sixty (60) in one week shall be paid at double


U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked

over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage.

W. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday


and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-

hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall

be paid at double the hourly rate of wage. The first eight (8) hours worked on the fifth day shall be paid at one and

one-half times the hourly rate of wage. All other hours worked on the fifth, sixth, and seventh days and on holidays




A. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when

four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or

outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours

worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday

and holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6:00 pm and

midnight shall receive an additional one dollar ($1.00) per hour for all hours worked that shift. The employer shall

have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given

to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked

eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such

time as the employee has had a break of eight (8) hours or more.

C. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when


outside the normal shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage.

All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate

of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at

the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more.


4


3. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage. Each week, once 40 hours of

straight time work is achieved, then any hours worked over 10 hours per day Monday through Saturday shall be paid

at double the hourly wage rate.

F. All hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on

Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and

one-half times the hourly rate of wage including holiday pay.

H. All work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at

two (2) times the regular rate of pay. Work performed on Sundays between October 15th and March 15th shall be

compensated at one and one half (1-1/2) times the regular rate of pay.

I. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. In the event the job is

down due to weather conditions during a five day work week (Monday through Friday,) or a four day-ten hour work

week (Tuesday through Friday,) then Saturday may be worked as a voluntary make-up day at the straight time rate.

However, Saturday shall not be utilized as a make-up day when a holiday falls on Friday. All hours worked Monday

through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the

hourly rate of wage.

J. All hours worked between the hours of 10:00 pm and 5:00 am, Monday through Friday, and all hours worked on

Saturdays shall be paid at a one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays


K. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when


outside the normal 5 am to 6pm shift, and all work on Saturdays shall be paid at one and one-half times the hourly

rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays, and all hours worked in

excess of twelve (12) hours in a single shift shall be paid at double the hourly rate of wage.

After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the

applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. When an employee

returns to work without at least eight (8) hours time off since their previous shift, all such time shall be a continuation

of shift and paid at the applicable overtime rate until he/she shall have the eight (8) hours rest period.



A. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly

rate of wage. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage.

B. All hours worked over twelve (12) hours per day and all hours worked on holidays shall be paid at double the hourly

rate of wage.

C. On Monday through Friday, the first four (4) hours of overtime after eight (8) hours of straight time work shall be

paid at one and one half (1-1/2) times the straight time rate of pay, unless a four (4) day ten (10) hour workweek has

been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday

through Friday, the first two (2) hours of overtime after ten (10) hours of straight time work shall be paid at one and

one half (1-1/2) times the straight time rate of pay. On Saturday, the first twelve (12) hours of work shall be paid at

one and one half (1-1/2) times the straight time rate of pay, except that if the job is down on Monday through Friday

due to weather conditions or other conditions outside the control of the employer, the first ten (10) hours on Saturday

may be worked at the straight time rate of pay. All hours worked over twelve (12) hours in a day and all hours worked

on Sunday and Holidays shall be paid at two (2) times the straight time rate of pay.


5


4. D. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly

rate of wage. All hours worked on Saturday, Sundays and holidays shall be paid at double the hourly rate of pay. Rates

include all members of the assigned crew.

EXCEPTION:

On all multipole structures and steel transmission lines, switching stations, regulating, capacitor stations, generating

plants, industrial plants, associated installations and substations, except those substations whose primary function is

to feed a distribution system, will be paid overtime under the following rates:

The first two (2) hours after eight (8) regular hours Monday through Friday of overtime on a regular workday, shall

be paid at one and one-half times the hourly rate of wage. All hours in excess of ten (10) hours will be at two (2) times

the hourly rate of wage. The first eight (8) hours worked on Saturday will be paid at one and one-half (1-1/2) times

the hourly rate of wage. All hours worked in excess of eight (8) hours on Saturday, and all hours worked on Sundays

and holidays will be at the double the hourly rate of wage.

All overtime eligible hours performed on the above described work that is energized, shall be paid at the double the

hourly rate of wage.

E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday


and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.

On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours

worked after ten shall be paid at double the hourly rate of wage. The Monday or Friday not utilized in the normal four-

day, ten hour work week, and Saturday shall be paid at one and one half (1½) times the regular shift rate for the first

eight (8) hours. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays


F. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday, shall be paid at a premium

rate of 20% over the hourly rate of wage. All hours worked on Sundays shall be paid at one and one-half times the

hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage.

G. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked

Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at


H. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday

shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day,

and all hours on Sunday shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid

at three times the hourly rate of wage.

I. The First eight (8) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All

hours worked in excess of eight (8) per day on Saturdays shall be paid at double the hourly rate of wage. All hours

worked on Sundays and holidays shall be paid at double the hourly rate of wage.

J. The first eight (8) hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All

hours worked in excess of eight (8) hours on a Saturday shall be paid at double the hourly rate of wage. All hours

worked over twelve (12) in a day, and all hours worked on Sundays and Holidays shall be paid at double the hourly

rate of wage.

K. All hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage, so long as Saturday

is the sixth consecutive day worked. All hours worked over twelve (12) in a day Monday through Saturday, and all

hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage.


6

4. L. The first twelve (12) hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All

hours worked on a Saturday in excess of twelve (12) hours shall be paid at double the hourly rate of pay. All hours

worked over twelve (12) in a day Monday through Friday, and all hours worked on Sundays shall be paid at double

the hourly rate of wage. All hours worked on a holiday shall be paid at one and one-half times the hourly rate of wage,

except that all hours worked on Labor Day shall be paid at double the hourly rate of pay.

M. All hours worked on Sunday and Holidays shall be paid at double the hourly rate. Any employee reporting to work

less than nine (9) hours from their previous quitting time shall be paid for such time at time and one-half times the

hourly rate.

N. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on

Sundays and holidays, and all work performed between the hours of midnight (12:00 AM) and eight AM (8:00 AM)

every day shall be paid at double the hourly rate of wage.

O. All hours worked between midnight Friday to midnight Sunday shall be paid at one and one-half the hourly rate of

wage. After an employee has worked in excess of eight (8) continuous hours in any one or more calendar days, all

additional hours shall be at the applicable overtime rate until such time as the employee has had a break of six (6)

hours or more. All hours worked on Holidays shall be paid at double the hourly rate of wage.

P. All hours worked on Holidays shall be paid at one and one-half times the hourly rate of wage.

Q. The first four (4) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday

shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday

through Saturday shall be paid at double the hourly rate. All hours worked on Sundays and holidays shall be paid at


R. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage, so long as Saturday is

the sixth consecutive day worked. All hours worked on Sundays and holidays shall be paid at double the hourly rate

of wage.

S. All hours worked on Saturdays and Holidays shall be paid at one and one-half times the hourly rate of wage. All hours

worked on Sundays shall be paid at double the hourly rate of wage.

T. The first two (2) hours of overtime for hours worked Monday-Friday shall be paid at one and one-half times the hourly

rate of wage. All hours worked in excess of ten (10) hours per day shall be paid at double the hourly rate of wage. All

hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. For work on Saturday which

is scheduled prior to the end of shift on Friday, the first six (6) hours work shall be paid at one and one-half times the

hourly rate of wage, and all hours over (6) shall be paid double the hourly rate of wage. For work on Saturday which

was assigned following the close of shift on Friday, all work shall be paid at double the hourly rate of wage.

U. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday

shall be paid at one and one-half times the hourly rate of wage. (Except on makeup days if work is lost due to inclement

weather, then the first eight (8) hours on Saturday may be paid the regular rate.) All hours worked over twelve (12)

hours Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly

rate of wage.

Holiday Codes

5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after

Thanksgiving Day, and Christmas Day (7).

B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after

Thanksgiving Day, the day before Christmas, and Christmas Day (8).


7

Holiday Codes Continued

5. C. Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the

Friday after Thanksgiving Day, And Christmas Day (8).

D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and

Saturday after Thanksgiving Day, And Christmas Day (8).

H. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day,

And Christmas (6).

I. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day

(6).

J. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day,

Christmas Eve Day, And Christmas Day (7).

K. Holidays: New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,

Friday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9).

L. Holidays: New Year’s Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving

Day, Friday after Thanksgiving Day, And Christmas Day (8).

N. Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans' Day,

Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (9).

P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday And Saturday

After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The

Following Monday Shall Be Considered As A Holiday.

Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas

Day (6).

R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After

Thanksgiving Day, One-Half Day Before Christmas Day, And Christmas Day. (7 1/2).

S. Paid Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,

And Christmas Day (7).

T. Paid Holidays: New Year's Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day,

Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9).

Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the

Friday after Thanksgiving Day, And Christmas Day (8).

6. A. Paid Holidays: New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,

the Friday after Thanksgiving Day, And Christmas Day (8).

E. Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day,

Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and a Half-


8

Day On Christmas Eve Day. (9 1/2).


6. G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day,

Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Christmas Eve

Day (11).

H. Paid Holidays: New Year's Day, New Year’s Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving

Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (10).

I. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday

After Thanksgiving Day, And Christmas Day (7).

6. T. Paid Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day,

Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And

Christmas Day (9).

Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after

Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be

considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the

holiday.

7. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and

Saturday after Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed

As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall

be a regular work day.

B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and

Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as

a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the

preceding Friday.

C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving

Day, the Friday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be

observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday

on the preceding Friday.

D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day,

the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President’s Day. Any paid holiday

which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a

Saturday shall be observed as a holiday on the preceding Friday.

E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after

Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on

the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.

F. Holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after

Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a

Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be

observed as a holiday on the preceding Friday.

G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day

(6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.


9


7. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving

Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any

holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on

a Saturday shall be observed as a holiday on the preceding Friday.

I. Holidays: New Year's Day, President’s Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The

Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on

a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be

observed as a holiday on the preceding Friday.

J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6).

Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which

falls on a Saturday shall be observed as a holiday on the preceding Friday.

K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after


the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.

L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day

before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday

on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding

Friday.

M. Paid Holidays: New Year's Day, The Day after or before New Year’s Day, President’s Day, Memorial Day,

Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, And the Day

after or before Christmas Day (10). Any holiday which falls on a Sunday shall be observed as a holiday on the

following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.

N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after


the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday.

P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after


the following Monday.

Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after

Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8). Any holiday which falls on

a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the

preceding Friday shall be a regular work day.

R. Paid Holidays: New Year's Day, the day after or before New Year’s Day, President’s Day, Memorial Day,

Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day

after or before Christmas Day (10). If any of the listed holidays fall on Saturday, the preceding Friday shall be observed

as the holiday. If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a

holiday and compensated accordingly.

S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after

Thanksgiving Day, Christmas Day, the Day after Christmas, and A Floating Holiday (9). If any of the listed holidays

falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly.


10


7. T. Paid Holidays: New Year's Day, the Day after or before New Year’s Day, President’s Day, Memorial Day,

Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and The Day

after or before Christmas Day. (10). If any of the listed holidays falls on a Sunday, the day observed by the Nation

shall be considered a holiday and compensated accordingly. Any holiday which falls on a Saturday shall be observed

as a holiday on the preceding Friday.

V. Holidays: New Year's Day, President’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,

the Friday after Thanksgiving Day, Christmas Day, the day before or after Christmas, and the day before or after New

Year’s Day. If any of the above listed holidays falls on a Sunday, the day observed by the Nation shall be considered

a holiday and compensated accordingly.

W. Holidays: New Year's Day, Day After New Year’s, Memorial Day, Independence Day, Labor Day, Thanksgiving

Day, the Friday after Thanksgiving Day, Christmas Eve Day, Christmas Day, the day after Christmas, the day before

New Year’s Day, and a Floating Holiday.

X. Holidays: New Year's Day, Day before or after New Year’s Day, Presidents’ Day, Memorial Day, Independence Day,

Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day before or after

Christmas day. If a holiday falls on a Saturday or on a Friday that is the normal day off, then the holiday will be taken

on the last normal workday. If the holiday falls on a Monday that is the normal day off or on a Sunday, then the holiday

will be taken on the next normal workday.

Y. Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the

Friday after Thanksgiving Day, and Christmas Day. (8) If the holiday falls on a Sunday, then the day observed by the

federal government shall be considered a holiday and compensated accordingly.

Z. Holidays: New Year's Day, President’s Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The

Friday After Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a

holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the

preceding Friday.

15. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after

Thanksgiving Day, the day before Christmas Day and Christmas Day. (8) Any holiday which falls on a Sunday shall

be observed as a holiday on the following Monday.

B. Holidays: New Year's Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor

Day, Veteran’s Day, Thanksgiving Day, and Christmas Day. (9)

C. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after

Thanksgiving Day, the day before Christmas Day and Christmas Day. (8)

D Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday

after Thanksgiving Day, Christmas Day, and the day after Christmas.


11

Note Codes

8. D. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour.

L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And

Level C: $0.25.

M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C & D:

$0.50.

N. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $1.00, Level B: $0.75, Level

C: $0.50, And Level D: $0.25.

P. Workers on hazmat projects receive additional hourly premiums as follows -Class A Suit: $2.00, Class B Suit: $1.50,

Class C Suit: $1.00, And Class D Suit $0.50.

Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the

shift shall be used in determining the scale paid.

R. Effective August 31, 2012 – A Traffic Control Supervisor shall be present on the project whenever flagging or spotting

or other traffic control labor is being utilized. A Traffic Control Laborer performs the setup, maintenance and removal

of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian

traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control

Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the

State of Washington, Oregon, Montana, or Idaho. These classifications are only effective on or after August 31, 2012.

S. Effective August 31, 2012 – A Traffic Control Supervisor shall be present on the project whenever flagging or spotting

or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic

Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued

by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31,

2012. T. Effective August 31, 2012 – A Traffic Control Laborer performs the setup, maintenance and removal of all temporary

traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during

construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or

where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of

Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012.

U. Workers on hazmat projects receive additional hourly premiums as follows – Class A Suit: $2.00, Class B Suit: $1.50,

And Class C Suit: $1.00. Workers performing underground work receive an additional $0.40 per hour for any and all

work performed underground, including operating, servicing and repairing of equipment. The premium for

underground work shall be paid for the entire shift worked. Workers who work suspended by a rope or cable receive

an additional $0.50 per hour. The premium for work suspended shall be paid for the entire shift worked. Workers who

do “pioneer” work (break open a cut, build road, etc.) more than one hundred fifty (150) feet above grade elevation

receive an additional $0.50 per hour.


12

Note Codes Continued

8. V. In addition to the hourly wage and fringe benefits, the following depth and enclosure premiums shall be paid. The

premiums are to be calculated for the maximum depth and distance into an enclosure that a diver reaches in a day.

The premiums are to be paid one time for the day and are not used in calculating overtime pay.

Depth premiums apply to depths of fifty feet or more. Over 50' to 100' - $2.00 per foot for each foot over 50 feet. Over

101' to 150' - $3.00 per foot for each foot over 101 feet. Over 151' to 220' - $4.00 per foot for each foot over 220 feet.

Over 221' - $5.00 per foot for each foot over 221 feet.

Enclosure premiums apply when divers enter enclosures (such as pipes or tunnels) where there is no vertical ascent

and is measured by the distance travelled from the entrance. 25’ to 300’ - $1.00 per foot from entrance. 300’ to 600’

- $1.50 per foot beginning at 300’. Over 600’ - $2.00 per foot beginning at 600’.

W. Meter Installers work on single phase 120/240V self-contained residential meters. The Lineman/Groundmen rates

would apply to meters not fitting this description.

X. Workers on hazmat projects receive additional hourly premiums as follows - Class A Suit: $2.00, Class B Suit:

$1.50, Class C Suit: $1.00, and Class D Suit: $0.50. Special Shift Premium: Basic hourly rate plus $2.00 per hour.

When due to conditions beyond the control of the Employer or when an owner (not acting as the contractor), a

government agency or the contract specifications requires that work can only be performed outside the normal 5 am

to 6pm shift, then the special shift premium will be applied to the basic hourly rate. When an employee works on a

special shift, they shall be paid a special shift premium for each hour worked unless they are in OT or Double-time

status. (For example, the special shift premium does not waive the overtime requirements for work performed on

Saturday or Sunday.)

Well 2R and 7 Rehabilitation (2019) Summary of Work and Special Requirements March 2019 01010-1

SECTION 01010

SUMMARY OF WORK AND SPECIAL REQUIREMENTS

PART 1 GENERAL

1.1 Location of Work

The project is located at the Anderson Creek Wellfield in Bremerton, WA, which is near Gorst in Township 24 North, Range 1 East, in Section 33, in Kitsap County, Washington. Access to the Well 2R site is off the Anderson Hill Road Exit on SR 16 East; the access gate is located immediately behind the A-1 Roofing store. Access to the Well 7 site is located nearby and off SR 16 East immediately before the Anderson Hill Road exit. Both sites are fenced and secured and must remain that way during the work. A site plan is included at the end of this section.

1.2 Contract Method The work will be considered and paid for by lump sum and unit pricing per Section 01025 and the Bid Schedule.

1.3 Scope of Work

The project will rehabilitate two wells: Well 2R and Well 7 A. The WORK to be performed under this Contract shall consist of furnishing tools,

equipment, materials, supplies, and manufactured articles, and furnishing all labor, transportation, and services, including fuel, power, water, and essential communications, and performing all work or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The WORK shall be complete, and all work, materials, and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the WORK in good faith shall be provided by the CONTRACTOR as though originally so indicated, at no increase in cost to the OWNER.

B. Well 2R Rehabilitation: Well 2R was drilled into the Shallow Artesian Aquifer and completed with a modern, filter-sand completion design at a depth of 275 feet bgs in 1989. The well was rehabilitated in 2005 (see 2005 memo from Robinson Noble in Appendix B. Due to reduction in well yield, the intent of the current project is to rehabilitate Well 2R with mechanical surge development techniques using a cable-tool drilling rig and an approved, phosphate-free surfactant. The hydrogeology firm Robinson Noble (RN) has been retained to provide technical support both during design and field work. All billable on-site and shop hours must be authorized by RN. The work includes: mobilization to the site; setting up and monitoring a water quality protection system; removing the existing pump (City personnel to make electrical and control disconnections); pre-rehabilitation video inspection; well rehabilitation; provision, installation, and


removal of a test pump for step-rate testing; disinfection; and furnishing, installing, and starting up new well pumping equipment (City to make electrical and control connections.) Section 02520 describes the tasks and sequences of tasks for accomplishing the work.

C. Well 7 Rehabilitation: Well 7 was drilled into the Deep Artesian Aquifer in

1945 to a depth of 627 feet, reconstructed in 1990 and in 2005 (see 2005 memo from Robinson Noble in Appendix C). Due to a subsequent reduction in well yield, the intent of the current project is to rehabilitate Well 7 with mechanical surge development techniques using a cable-tool drilling rig and an approved, phosphate-free surfactant. The hydrogeology firm Robinson Noble (RN) has been retained to provide technical support both during design and field work. All billable on-site and shop hours must be authorized by RN. The work includes: mobilization to the site; setting up and monitoring a water quality protection system; removing the existing pump (City personnel to make electrical and control disconnections); pre-rehabilitation video inspection; well rehabilitation; provision, installation, and removal of a test pump for step-rate testing; disinfection; and furnishing, installing, and starting up new well pumping equipment (City to make electrical and control connections.) Section 02520 describes the tasks and sequences of tasks for accomplishing the work.

D. City responsibilities:

1. Pump down adjacent wells prior to the work to prevent artesian conditions during the work.

2. Disconnect electrical cables and locking out power supply to the pumping equipment prior to pump removal.

3. Connecting new pump electrical and control wiring during installation.

4. Assist the Contractor to determine appropriate upland areas for

discharging waste streams. 1.4 Owner and Contractor Use of Site

A. The CONTRACTOR's use of the Site shall be limited to its construction

operations, including on-site storage of materials, on-site fabrication facilities, and field offices. Construction activities shall be contained within the limits shown in the Contract Drawings. The Contractor may not use private property (except to access the site as noted in these Contract Documents) unless permission is received in writing from the property owner.

B. The OWNER may utilize all or part of the existing Site facilities during the entire period of construction for the conduct of the OWNER's normal operations. The CONTRACTOR shall cooperate and coordinate with the OWNER to facilitate the OWNER's operations and to minimize interference with the CONTRACTOR's operations at the same time. In any event, the OWNER shall be allowed access to the Site during the period of construction.


C. WORK shall be scheduled, sequenced, and performed in a manner which minimizes disruption to the operation and maintenance of existing facilities.

1.5 Permits

A. No permits are required from the City of Bremerton for this work.

B. For electrical work, if any, consult with the Department of Labor and Industries for any requirements.

1.6 Substantial Completion, Construction Sequencing and Financial Penalties

A. Completing this project on-time is critical since these wells provide significant source water to the City water system. The Contract Times were determined based on completing the work prior to higher water demands in hotter months. Plan, sequence, and expedite the work in order to accomplish the work within the Contract Times. The construction task sequence in Section 02520 may be modified in consultation with the hydrogeologist and City staff. The Contractor shall prepare and submit their own construction schedule as required in other sections of this contract.

B. The project Substantial Completion date is established based on completion of the well rehabilitation, step testing, pump purchase, and pump installation for both wells 2R and 7. Because pump delivery time is affected and could be delayed by third-party pump vendors and manufacturers, consideration will be given to increase the contract times due to longer than expected pump delivery times.

C. Well 2R rehabilitation shall be performed first. Upon completion of step rate testing at Well 2R, begin work at Well 7.

D. Upon completion of Well 2R rehabilitation and step testing, City will provide

purchase specification to the Contractor so the Contractor can obtain vendor quotes for pumping equipment equipment purchase. Submit cost quote and submittal technical document for City review within 7 to 10 days. See Section 11076.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

END OF SECTION

Well 2R and 7 Rehabilitation (2019) Measurement and Payment March 2019 01025-1

SECTION 01025

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 Scope of Payment

A. Measurement and Payment will be in accordance with the prices set forth inthe proposal for individual work items. CONTRACTOR shall make a carefulassessment when preparing the bid.

B. Where work does not appear as a separate item in the proposal but is requiredin order to provide a fully operable, rehabilitated well, the cost for that workshall be included and absorbed into the bid item prices in the Bid Schedule.

C. Payment for the various items of the Bid Schedule, as further specifiedherein, shall include all compensation to be received by the CONTRACTOR forfurnishing all tools, equipment, supplies, and manufactured articles, and for alllabor, operations, and incidentals appurtenant to the items of work beingdescribed, as necessary to complete the various items of the WORK all inaccordance with the requirements of the Contract Documents, including allappurtenances thereto, and including all costs of permits and cost ofcompliance with the regulations of public agencies having jurisdiction, includingSafety and Health Requirements of the Washington Division of Industrial Safetyand Health Act (WISHA), and the Occupational Safety and Health Administrationof the U.S. Department of Labor (OSHA).

D. Washington State Department of Revenue Rule 170 applies to this project. Forwork performed in such cases, the CONTRACTOR shall include the retailsales tax on the full contract price. The City will automatically add this sales taxto each payment to the CONTRACTOR. For this reason, the CONTRACTORshall not include the retail sales tax in the bid item prices, or in any othercontract amount subject to Rule 170. Contact Washington State Department ofRevenue Public Works Section by email at [email protected] or by phone at(360) 725-7588.

1.2 Force Account

A. A line item for Force Account is included in the Bid Schedule in the amount of$15,000. This money can be used when changed conditions are encounteredwhich require extra work or for owner-directed changes. A written WorkChange Directive must be issued in order to use money from the ForceAccount line item.

B. Force Account will also be used for reimbursement of material item purchases,services, permits, and fees identified for reimbursement in the contract.Payment for items via the Force Account shall be determined based on thepre-taxed actual invoice amount plus a 15% markup.

C. Payment for the purchase of new pumping equipment and appurtenances isreimbursed separately from Force Account and described further in this

mailto:[email protected]


section.

1.3 Schedule A – Well 2R Rehabilitation

A. Bid Item No. A.1 – Mobilization

1. No measurement shall apply to this lump sum bid item.

2. The lump sum payment for this bid item shall be paid in accordance with the

Contract Documents and shall constitute compensation for all costs of preparatory work performed by the CONTRACTOR, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for premiums on bonds and insurance for the project, and for work and operations which must be performed or costs incurred before beginning production work on the various items on the project site. Mobilization also includes but is not limited to: posting construction identification signs, construction surveying and staking, providing record drawings, securing permits, establishing safety and security measures, submitting the project schedule; providing product/material submittals; attending public meetings as stipulated in the Special Provisions. Mobilization costs for all subcontracted work shall be incidental to this bid item. Measurement and Payment shall be Lump Sum in accordance with the Contract Documents.

3. This bid item shall also include the cost for demobilization and restoring the

site upon completion of the work.

4. Payment for this bid item shall be 70% upon completion of mobilization and the remainder shall be paid after demobilization.

B. Bid Item No. A.2 – Water Quality Protection

1. No measurement shall apply to this lump sum bid item

2. The lump sum price for this bid item shall constitute compensation for all costs

associated with planning, implementing, and monitoring temporary erosion control practices, water quality protection practices, and spill prevention and control practices in accordance with the Contract Documents (specifically Section 01354) and local, State, and Federal water quality regulations.

3. All costs for labor, equipment, material, supplies, subcontracts, and services

associated with control and monitoring of wastewater discharges from the Work shall be included in this bid item.

C. Bid Item No. A.3 – Well Video Inspection



2. The lump sum price for this bid item includes compensation for all costs for equipment, labor, and activities required for video inspection of the well both prior to and after rehabilitation activities to the satisfaction of the HYDROGEOLOGIST and City staff.

3. Any labor and equipment time to prepare the well for video inspection, such as

flushing, shall be included in this bid item.

D. Bid Item No. A.4 – Rehabilitation – Authorized Hourly Field Work

1. Measurement for the hourly rate shall be based on the estimated hourly rate of labor, equipment and materials required to complete tasks described in the Contract Documents specifically for on-site work for rehabilitation of the well.

2. Payment for this bid item shall constitute compensation for all field hourly costs, including: removing and disposing of the existing well pump, column, and appurtenances; removal of sand, silt and other materials from the bottom of the well; cleaning the well casing; mechanically surging the well; replacing the filter pack in the annular space; placing and surging the surfactant in the well to loosen fine clay and silt materials; perform additional surging and rehabilitation as requested by the hydrogeologist; disinfection; post-rehabilitation well evaluation; and any other field work as requested and determined necessary by the Owner and/or hydrogeologist for successful rehabilitation of the well. No payment shall be made when the crew is not actively working on the site to rehabilitate the well as determined by the HYDROGEOLOGIST. The City has estimated the number of hours required to complete the on-site rehabilitation activities. Payment shall be the hourly rate times the actual number of authorized hours as verified by the HYDROGEOLOGIST.

E. Bid Item No. A.5 – Rehabilitation – Authorized Hourly Shop Work

1. Measurement for the hourly rate shall be based on the estimated hourly rate of labor, equipment and materials required to complete tasks described in the Contract Documents specifically for shop-related work for rehabilitation of the well.

2. Payment for this bid item shall constitute compensation for all hourly costs associated with fabricating, repairing, or modifying equipment items directly associated with Well 2R rehabilitation as described in Tasks 3 to 11 in paragraph 02520 3.1 A and that occurs at the CONTRACTOR’s off-site work facilities (shop). The City has estimated the number of hours required to complete shop-related work. Payment shall be the hourly rate times the actual number of authorized hours as verified by the HYDROGEOLOGIST.

F. Bid Item No. A.6 –Purchase Well 2R Pumping Equipment


2. The lump sum price for this bid item shall constitute compensation for purchase


of the new pumping equipment including pump, motor, startup support, and any additional items as directed by the Owner such as valves, power cable, well column, conduit, and piping.

3. The amount included in the bid schedule for this bid item is a placeholder and

NOT the actual amount to be paid to the Contractor. The payment to the Contractor shall be determined based on pre-tax actual equipment/material invoices plus a 10% markup.

4. Obtain multiple (minimum of 2) cost quotes from different

vendors/manufacturers for major pumping equipment items in order to ensure competition and best value for the City.

5. Any costs other costs associated with the new well pumping equipment, including

coordination for delivery, installation, testing, troubleshooting, coordinating with City staff, and startup, shall be included in the bid item for installation of well pumping equipment. This current bid item is solely for purchase of pumping equipment and appurtenances based on actual invoice cost.

G. Bid Item No. A.7 – Install Well 2R Pumping Equipment



associated with receiving and installing the new pumping equipment (and old items where reused), including coordination for delivery, installation, testing, troubleshooting, coordinating with City staff, and startup, shall be included in the bid item for installation of well pumping equipment.

3. This bid item shall also include the costs associated with step-rate testing,

including furbishing and installing temporary pump (City to support electrical connections as needed), coordinating with hydrogeologist for test, performing pump test, and removing temporary pumping equipment.

4. Electrical and control connections and any SCADA programming shall be made

by City staff. Coordinate with City staff for startup. 1.4 Schedule B – Well 7 Rehabilitation

A. Bid Item No. B.1 – Mobilization


2. The lump sum payment for this bid item shall be paid in accordance with the

Contract Documents and shall constitute compensation for all costs of preparatory work performed by the CONTRACTOR, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for premiums on bonds and insurance for the project, and for work and operations which must be performed or costs incurred


before beginning production work on the various items on the project site. Mobilization also includes but is not limited to: posting construction identification signs, construction surveying and staking, providing record drawings, securing permits, establishing safety and security measures, submitting the project schedule; providing product/material submittals; attending public meetings as stipulated in the Special Provisions. Mobilization costs for all subcontracted work shall be incidental to this bid item. Measurement and Payment shall be Lump Sum in accordance with the Contract Documents.

3. This bid item shall also include the cost for demobilization and restoring the

site upon completion of the work.

4. Payment for this bid item shall be 70% upon completion of mobilization and the remainder shall be paid after demobilization.

B. Bid Item No. B.2 – Water Quality Protection



associated with planning, implementing, and monitoring temporary erosion control practices, water quality protection practices, and spill prevention and control practices in accordance with the Contract Documents (specifically Section 01354) and local, State, and Federal water quality regulations.

3. All costs for labor, equipment, material, supplies, subcontracts, and services

associated with control and monitoring of wastewater discharges from the Work shall be included in this bid item.

C. Bid Item No. B.3 – Well Video Inspection


2. The lump sum price for this bid item includes compensation for all costs for equipment, labor, and activities required for video inspection of the well both prior to and after rehabilitation activities to the satisfaction of the HYDROGEOLOGIST and City staff.

3. Any labor and equipment time to prepare the well for video inspection, such as

flushing, shall be included in this bid item.

D. Bid Item No. B.4 – Rehabilitation – Authorized Hourly Field Work

1. Measurement for the hourly rate shall be based on the estimated hourly rate of labor, equipment and materials required to complete tasks described in the Contract Documents specifically for on-site work for rehabilitation of the well.

2. Payment for this bid item shall constitute compensation for all field hourly costs, including: removing and disposing of the existing well pump, column, and


appurtenances; removal of sand, silt and other materials from the bottom of the well; cleaning the well casing; mechanically surging the well; replacing the filter pack in the annular space; placing and surging the surfactant in the well to loosen fine clay and silt materials; perform additional surging and rehabilitation as requested by the hydrogeologist; disinfection; post-rehabilitation well evaluation; and any other field work as requested and determined necessary by the Owner and/or hydrogeologist for successful rehabilitation of the well. No payment shall be made when the crew is not actively working on the site to rehabilitate the well as determined by the HYDROGEOLOGIST. The City has estimated the number of hours required to complete the on-site rehabilitation activities. Payment shall be the hourly rate times the actual number of authorized hours as verified by the HYDROGEOLOGIST.

E. Bid Item No. B.5 – Rehabilitation – Authorized Hourly Shop Work

1. Measurement for the hourly rate shall be based on the estimated hourly rate of labor, equipment and materials required to complete tasks described in the Contract Documents specifically for shop-related work for rehabilitation of the well.

2. Payment for this bid item shall constitute compensation for all hourly costs associated with fabricating, repairing, or modifying equipment items directly associated with Well 2R rehabilitation as described in Tasks 3 to 11 in paragraph 02520 3.1 A and that occurs at the CONTRACTOR’s off-site work facilities (shop). The City has estimated the number of hours required to complete shop-related work. Payment shall be the hourly rate times the actual number of authorized hours as verified by the HYDROGEOLOGIST.

F. Bid Item No. B.6 –Purchase Well 7 Pumping Equipment


2. The lump sum price for this bid item shall constitute compensation for purchase of the new pumping equipment including pump, motor, startup support, and any additional items as directed by the Owner such as valves, power cable, well column, conduit, and piping.

3. The amount included in the bid schedule for this bid item is a placeholder and

NOT the actual amount to be paid to the Contractor. The payment to the Contractor shall be determined based on pre-tax actual equipment/material invoices plus a 10% markup.

4. Obtain multiple (minimum of 2) cost quotes from different

vendors/manufacturers for major pumping equipment items in order to ensure competition and best value for the City.

5. Any costs other costs associated with the new well pumping equipment, including

coordination for delivery, installation, testing, troubleshooting, coordinating with City staff, and startup, shall be included in the bid item for installation of well


pumping equipment. This current bid item is solely for purchase of pumping equipment and appurtenances based on actual invoice cost.

G. Bid Item No. B.7 – Install Well 7 Pumping Equipment



associated with receiving and installing the new pumping equipment (and old items where reused), including coordination for delivery, installation, testing, troubleshooting, coordinating with City staff, and startup, shall be included in the bid item for installation of well pumping equipment.

3. This bid item shall also include the costs associated with step-rate testing,

including furbishing and installing temporary pump (City to support electrical connections as needed), coordinating with hydrogeologist for test, performing pump test, and removing temporary pumping equipment.

4. Electrical and control connections and any SCADA programming shall be made

by City staff. Coordinate with City staff for startup.



END OF SECTION

Well 2R and 7 Rehabilitation (2019) Contractor Submittals March 2019 01300-1

SECTION 01300

CONTRACTOR SUBMITTALS

PART 1 GENERAL

1.1 General

A. The City will provide a list of submittals to be provided for this project for materials,

processes, and procedures. Some of these submittals include: 1. All material submittals (e.g. filter pack, surfactant) 2. Water Quality Protection Plan. 3. Spill Prevention and Control Plan 4. Permanent pumping equipment 5. Video logs (both written and actual videos). 6. Other submittals to be determined by the City

1.2 Pre-Construction Conference Submittals

A. At the Pre-construction Conference referred to in Section 01311 – Project

Meetings, bring the following submittals to the meeting for review and discussion.

B. The Pre-construction Conference submittals shall be three (3) hard copies and electronic copy on a USB thumb drive.

PRE-CONSTRUCTION CONFERENCE SUBMITTALS

Submittal Description

Contractor’s and Subcontractor’s Contact Information

Names and 24- hour contact telephone numbers of contractor’s and each subcontractor’s key personnel.

Contractor’s Labor Classifications and Rates Classification of all workers to be employed by the Contractor and its subcontractors in the work, excluding the Contractor’s Superintendent and General Foremen (if any), and; straight-time and overtime Weighted Wage Rates for each Submitted labor classification. Update and resubmit the entire labor classification file whenever worker classifications are changed, added or delete.

Contractor’s Equipment Classifications and Rates:

Make and model of each item of equipment and small tools to be employed by the Contractor and its subcontractors in the work and working and standby (idle) hourly rates for each submitted item of equipment. Equipment Rental Rate Agreement referenced therein. Update and resubmit this entire equipment classification file whenever equipment or small tools classifications are changed, added or deleted.


Critical Path Management (CPM) Schedule for entire project.

To be provided for entire project. See Section 01321

List of all Subcontractors List to include: 1) Percentage value of work assigned; 2) Principal contact(s); 3) Address; )Contact information

Temporary Erosion and Sedimentation Control (TESC) Plan and ESC lead certification per

See Section 01354 – Environmental Protection.

Spill Prevention Control Plan See Section per 01354 – Environmental Protection.

Administrative submittals:

• Retainage account information (if applicable);

• Intent to Pay Prevailing Wage Rates for prime contractor and subcontractors.

1.3 Shop Drawings

A. When the Contract Documents require a submittal, the CONTRACTOR shall

submit the specified information to the designated OWNER representative via e- mail in Adobe PDF format.

B. Unless otherwise specified, submittals shall be accompanied by transmittal forms. A copy of the submittal transmittal form is included in Appendix A and an electronic version can be provided upon request. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate, discrete sections, for which the submittal is required. The form shall be signed by the CONTRACTOR’s authorized representative. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole.

C. A unique number, sequentially assigned, shall be noted on the transmittal form

accompanying each item submitted. Original submittal numbers shall have the following format: "XXX"; where "XXX" is the sequential number assigned by the CONTRACTOR. Resubmittals shall have the following format: "XXX-Y"; where "XXX" is the originally assigned submittal number and "Y" is a sequential letter assigned for resubmittals, i.e., A, B, or C being the 1st, 2nd, and 3rd resubmittals, respectively. Submittal 025–B, for example, is the second resubmittal of Submittal 025.

D. Submittals which are incomplete and/or do not have all the information required

to be submitted, including but not limited to a signed and dated submittal transmittal form, and copy of marked-up specifications and/or drawings when specified , are not acceptable and will be returned without review. All submittal information provided by subcontractors shall be transmitted through the CONTRACTOR and shall bear the CONTRACTOR’s signature.

E. For most submittals, the OWNER will return electronic responses of each


submittal to the CONTRACTOR with its comments noted thereon, within 21 calendar days following receipt by the OWNER. It is considered reasonable that the CONTRACTOR shall make a complete and acceptable submittal to the OWNER by the second submission of a submittal item. The OWNER reserves the right to withhold monies due to the CONTRACTOR to cover additional costs of the OWNER's review beyond the second submittal.

F. If a submittal is returned to the CONTRACTOR marked "NO EXCEPTIONS

TAKEN," formal revision and resubmission of said submittal will not be required. G. If a submittal is returned marked "MAKE CORRECTIONS NOTED,"

CONTRACTOR shall make the corrections on the submittal, but formal revision and resubmission of said submittal will not be required.

H. If a submittal is returned marked "AMEND-RESUBMIT," the CONTRACTOR shall revise said submittal and shall resubmit the required number of copies of said revised submittal to the OWNER for review.

I. If a submittal is returned marked "REJECTED-RESUBMIT," it shall mean that the

submitted material or product does not satisfy the specification. The CONTRACTOR shall prepare a new submittal and shall resubmit the required number of copies of said revised submittal to the OWNER for review.

J. Fabrication of an item shall be commenced only after the OWNER has reviewed

the pertinent submittals and returned copies to the CONTRACTOR marked either "NO EXCEPTIONS TAKEN" or MAKE CORRECTIONS NOTED." Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as changes to the contract requirements.

K. All submittals shall be carefully reviewed by an authorized representative of the

CONTRACTOR, prior to submission to the OWNER. Each submittal shall be dated, signed, and certified by the CONTRACTOR, as being correct and in strict conformance with the Contract Documents. In the case of Shop Drawings, each sheet shall be so dated, signed, and certified. The OWNER will only review submittals which have been so certified by the CONTRACTOR. All non- certified submittals will be returned to the CONTRACTOR without action taken by the OWNER, and any delays caused thereby shall be the total responsibility of the CONTRACTOR.

L. The OWNER's review of submittals shall not relieve the CONTRACTOR of the

entire responsibility for the correctness of details and dimensions. The CONTRACTOR shall assume all responsibility and risk for any misfits due to any errors in submittals. The CONTRACTOR shall be responsible for the dimensions and the design of adequate connections and details.

1.4 Administrative Submittals

A. Submittals that are not Shop Drawings or Samples, or that do not reflect quality

of product or method of construction may include, but not be limited to:


1. Applications for payment. 2. Construction photographs. 3. Progress reports. 4. Progress schedules. 5. Schedule of values. 6. Schedule of estimated progress payments. 7. Submittals required by laws, regulations, and governing agencies.

1.5 Quality Control Submittals

A. Quality Control submittals may include, but not be limited to:

1. Reports (inspection and test).

1.6 Contractor’s Schedule

A. The CONTRACTOR’s construction schedule and reports shall be prepared and

submitted to the OWNER in accordance with Section 01321. PART 2 PRODUCTS (Not Used)


END OF SECTION

Well 2R and 7 Rehabilitation (2019) Project Meetings March 2019 01311-1

SECTION 01311

PROJECT MEETINGS

PART 1 GENERAL

1.1 Description

A. This section covers the requirements for project meetings.

1. Meeting Records. - The OWNER will record minutes of each meeting

and will furnish copies to the CONTRACTOR within five working days thereafter. If the CONTRACTOR does not submit written objection to the contents of such minutes within seven days after receipt of the minutes, it shall be understood and agreed that the CONTRACTOR accepts the minutes as a true and complete record of the meeting.

2. Meeting Schedule. - The dates, times, and locations for the various

meetings shall be agreed upon and recorded at the pre-construction conference. Thereafter, changes to the schedule shall be by agreement between the OWNER and CONTRACTOR, with appropriate written notice to all parties involved.


PART 3 EXECUTION

3.1 Pre-Construction Conference

A. Before the CONTRACTOR starts any Work, he/she shall attend a pre- construction conference held at the location, date, and time designated by the OWNER, typically within 14 days after the Notice of Award. The meeting may be attended by the representatives of the regulatory agencies having jurisdiction over the project, if required, and such other persons the OWNER, may designate; including the CONTRACTOR’s Project Manager, its superintendent, and its subcontractors as the CONTRACTOR deems appropriate.

1. Other attendees may be:

a. Representatives of OWNER

b. Others as requested by CONTRACTOR or OWNER

2. Execution and Submittal of Documents. At the pre-construction

conference, unless otherwise specified or agreed by the OWNER, the


CONTRACTOR shall present to the OWNER the pre-construction submittals as indicated in 01300.

3. Agenda. In general, the matters to be discussed or resolved and the

instructions and information to be furnished to or given by the CONTRACTOR at the pre-construction conference may include but are not limited to:

a. Project meeting schedule

b. Preliminary CPM Construction Schedule (per Section 01321) submitted by CONTRACTOR

c. Critical work sequencing

d. Communication procedures between the parties

e. Contractor emergency contact information

f. Construction permit requirements, procedures, and posting

g. Spill Prevention/Emergency Response Plan

h. Access and rights-of-way furnished by the OWNER

i. Forms and procedures for CONTRACTOR's submittals

j. Change order forms and procedures. Partial payment

k. Application forms and procedures

l. Inspection staff and their duties

m. Construction equipment and methods proposed by the CONTRACTOR

n. Procedures for payroll and labor cost reporting by the CONTRACTOR and CONTRACTOR's

o. Schedule of Values

p. Placement of temporary erosion, sedimentation and drainage control facilities

q. Other administrative and general matters as needed 3.2 Progress Meetings

A. The CONTRACTOR shall attend regular, weekly (or as frequently as determined

in Pre-construction Conference), on-site progress meetings and at other times as requested by OWNER or as required by progress of the WORK. The CONTRACTOR, OWNER, and Subcontractors active on the site (as appropriate) must attend each meeting. CONTRACTOR may at its discretion request attendance by representatives of its Suppliers, manufacturers, and other Subcontractors.


B. The OWNER shall preside at the meetings and distribute the minutes. The OWNER shall produce an agenda for each site meeting. All matters bearing on the progress and performance of the work since the preceding progress meeting shall be discussed and resolved, including, without limitation, any previously unresolved matters, deficiencies in the work or the methods being employed for the work, and problems, difficulties, or delays which may be encountered.

C. The CONTRACTOR shall provide a three (3) week “look ahead” schedule at

each progress meeting. 3.3 Special Meetings

A. Upon appropriate notice to the other parties, special meetings may be called by

the OWNER or CONTRACTOR. Special meetings will be held where and when designated by the OWNER.

3.4 Regulatory Agencies

A. When requested, the CONTRACTOR shall attend meetings held or required by

the governmental regulatory agencies having jurisdiction over the project 3.5 Audio Recording of Meetings

A. The Contractor agrees that the Owner is permitted to make an audio recording

of the meeting upon request. The purpose of the recording will be to assist in developing the written meeting minutes.

END OF SECTION

Well 2R and 7 Rehabilitation (2019) Project Schedule March 2019 01321-5

SECTION 01321

PROJECT SCHEDULE PART 1 GENERAL

1.1 General

A. Scheduling of the WORK shall be performed by the CONTRACTOR in

accordance with the requirements of this Section.

B. Development of the schedule and monthly updates shall employ the computerized Critical Path Method (CPM).

C. The CPM schedule and monthly updates should be prepared with Microsoft

Project or an approved equivalent software with CPM capabilities. 1.2 Submitting and Review of the CPM Schedule

A. Submit the CPM Schedule at the pre- construction conference. The Owner will review this schedule and return it to the Contractor within five (5) days. The Contractor shall resubmit the revised schedule within ten days of receipt of comments.

1.3 CPM Schedule Requirements

A. Both the preliminary and full CPM schedule shall be a critical path method (CPM) schedule developed by the Precedence Diagramming Method (PDM). Restraints may be utilized but may not serve to change the logic of the network or the critical path. The schedule shall display at least the following information.

1. Contract Number and Title 2. Construction Start Date 3. Activity Number and Responsibility Codes 4. Critical Path 5. Activity Description 6. Milestone Description 7. Activity Duration 8. Predecessor Activities 9. Successor Activities

1.4 Monthly Updates and Periodic Schedule Submittals

A. Update and submit the schedule monthly. Payment will not be made until the

Owner receives an updated schedule which is reviewed and meets the standard of the Owner.

Well 2R and 7 Rehabilitation (2019) Project Schedule March 2019 01321-6

1.5 Three-Week Look Ahead Schedule

A. The CONTRACTOR shall furnish a three (3) week look ahead schedule at each weekly construction meeting that indicates the work accomplished during the previous week, and work to be accomplished in the next two weeks beyond the current week. Data day/date for the 3-week schedule shall be the meeting date.

1.6 Inclement Weather Provisions of the Schedule

A. The CONTRACTOR'S construction schedule shall include at least three days of

delay due to severe weather conditions.



END OF SECTION

Well 2R and 7 Rehabilitation (2019) Environmental Protection March 2019 01354-1

SECTION 01354

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 Description

A. Both well sites are located in environmentally sensitive areas, requiring planning

and implementation of environmental protection measures. Well 2R is located adjacent to and within 100 feet of Anderson Creek. Well 7 is adjacent to a roadside ditch that discharges to Sinclair Inlet. Measures for control of wastewater discharges from the process shall planned, implemented, and monitored to prevent any discharges from the site that could contaminate surface waters, including water contaminated by surfactant, turbid groundwater discharges, and sediment-laden runoff generated by surface discharges.

B. This section covers the work necessary during construction for protection of the environment, including: 1. Temporary Sedimentation and Erosion Control 2. Water Quality Protection 3. Spill Prevention and Control

C. The CONTRACTOR shall undertake environmental protection measures to

ensure that spills, construction debris, wastewater discharges, sediment, and other contaminants do not enter receiving waters or damage the environment.

D. The WORK shall also comply with all other applicable environmental

regulations, including federal, state, and local requirements related to air quality, water quality, and hazardous material management.

1.2 Submittals

A. Temporary Erosion and Sedimentation Control (TESC) Plan.

B. Spill Prevention and Control Plan.

C. Water Quality Protection Plan

1.3 Quality Assurance

A. Installations that do not conform to the requirements contained herein shall

be removed from the project and replaced by the CONTRACTOR, and no additional payment will be allowed therefore.

B. Water quality protection measures shall conform with the measures

included in the contract documents and any other local, state, and


federal legal requirements.

1.4 Measurement and Payment

A. See Section 01025 and the Bid Schedule form. The bid item Water Quality Protection for each well site shall include planning, implementation, and monitoring of TESC, water quality protection, and spill control and prevention measures and BMPs.

PART 2 PRODUCTS (Not Used) PART 3 EXECUTION

3.1 General

A. The CONTRACTOR shall meet all applicable requirements of the Contract

Documents, as well as any permit requirements related to protection of the environment.

B. CONTRACTOR work methods shall be such as to minimize disturbances to the

environment. Erosion control shall comply with the details as presented in the drawings.

C. The CONTRACTOR shall comply with general water quality protection measures,

including project specific Best Management Practices (BMPs) and visual water quality monitoring.

D. If a fish kill occurs or fish are observed in distress at the job site, immediately stop

all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife and the Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts.

E. The CONTRACTOR shall establish staging areas in a location and manner that

will prevent contaminants from entering the waters of the state.

F. TESC, Spill Prevention, and Water Quality Protection Plans must be approved and the measures implemented prior to starting the rehabilitation work. A specially-scheduled site walk-through must be performed with City and Contractor staff prior to starting the rehabilitation work to ensure adequate provision and set-up of TESC, spill prevention, and Water Quality Protection measures

3.2 Temporary Erosion and Sediment Control (TESC) Plan

A. The TESC plan shall indicate best management practices for preventing silt and


sediment from the work from contaminating waters of the state. The plan shall conform with City of Bremerton Erosion Control Standards (reference Bremerton Municipal Code Chapter 15.04.), WSDOT Standard Specifications (2012) 8-01, and WSDOE Stormwater Management Manual for Western Washington (2012).

B. All erosion and sediment facilities shall be maintained in a satisfactory condition

until such time that clearing and/or construction is completed and potential for on-site erosion has passed. The CONTRACTOR shall be responsible for the design implementation, maintenance, replacement and additions to erosion/sedimentation control systems.

C. Review of the erosion/sedimentation control plan by the OWNER does not

remove any responsibility of the CONTRACTOR to protect all surface waters from silt and sediment from construction operations.

D. TESC plan may be combined with the Water Quality Protection Plan as a single

document due to overlapping BMPs and intent. 3.3 Spill Prevention and Control Plan

A. The CONTRACTOR shall prepare and submit, for review, a spill

prevention/emergency response plan specific to the project needs. The project work is to be conducted adjacent to the Anderson Creek. Any spills shall prevented and contained to the greatest extent practicable.

B. It is essential that all spills and contaminants from the project, such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment-laden water, chemicals or any other toxic or harmful materials, must be prevented from entering or leaching into waters.

C. Spill Prevention and Control Plan - Minimum Requirements:

1. Train all employees working on the project in spill prevention and

emergency response techniques.

2. Post the spill prevention plan and emergency response team at the project site.

3. All fuel storage shall be off site. Define fuel location and fueling

method.

4. Storage of hazardous materials shall be off site. Define the location and security methods.

5. If refueling is proposed at any location on the project site, provide a

total containment system for the fueling area:

a. The containment system as a minimum shall include an impervious PVC type liner (with suitable earth cover and an earthen containment berm surrounding the site.


b. The containment berm shall have a reinforced raised entrance

ramp.

c. Fencing of the containment area is recommended to reduce vandalism.

d. Provide absorbent material at the refueling site in quantities

suitable for spill cleanup.

6. Use equipment which does not leak, repair or remove from the work any equipment which begins to leak.

7. Notify the emergency response team leader immediately in the event of

a spill and contact all members of the response team.

8. Begin clean-up of spill immediately.

9. Emergency Response Team: Include in the Spill Prevention Plan an Emergency Response Team List with the following minimum information:

a. Fire Department 911 b. Police Department - Kitsap County 911 c. Spill Reporting - 24 Hour Number 1-800-258-5990 Department of

Ecology d. Spill Prevention Coordinator - OWNER (City of Bremerton) Bill

Davis 360-473-2312. e. Spill Prevention Representative - CONTRACTOR To Be Named f. Department of Fisheries - CONTRACTOR to determine Contact

B. Water Quality Protection Plan

1. The plan shall be site-specific and demonstrate via figures and narrative the control and disposal of contaminated and/or turbid waste water generated from rehabilitation and step-rate testing operations.

2. The plan shall describe the types and sizes of tanks to be used,

pumping equipment, layout of hoses, level spreaders, fencing, discharge locations and other relevant components of the plan for review and consideration by the Owner.

3. During the work, the Owner may request modification of the plan as

needed depending on the performance and adequacy of the measures.

END OF SECTION

Well 2R and 7 Rehabilitation (2019) Mobilization March 2019 01505-1

SECTION 01505

MOBILIZATION

PART 1 GENERAL

1.1 General

A. Mobilization shall include the obtaining of all required permits; moving onto

the site of all equipment; furnishing and erecting plants, temporary buildings, and other construction facilities; and implementing security requirements; all as required for the proper performance and completion of the Work. Mobilization shall include the following principal items:

1. Moving on to the site of all CONTRACTOR's plant and equipment

required for first month operations.

2. Submittals for ordering long lead time materials and major equipment within ten (10) days of Notice to Proceed.

3. Installing temporary construction power, wiring, and lighting facilities, as

necessary in order to perform the Work.

4. Developing construction water supply.

5. Providing all on-site communication facilities, including telephones.

6. Providing on-site sanitary facilities and potable water facilities.

7. Arranging for and erection of CONTRACTOR's work and storage yard.

8. Obtaining all required permits.

9. Having all OSHA required notices and establishment of safety programs.

10. Having the CONTRACTOR's superintendent at the job site full time.

11. Preparation and submitting of initial submittals

12. Project Phasing

B. Mobilization shall include demobilization of all equipment and facilities from the site and the restoration thereof. Restoration of a site shall include, but not be limited to, re-grading of the ground surface disturbed and reseeding (no fertilizers are to be applied). Restoration also includes reconstruction of fences, berms, or other surface features, and replacement of bushes, trees, or ground cover which were present prior to commencement of work. Final site restoration shall be approved by the OWNER and ENGINEER.

Well 2R and 7 Rehabilitation (2019) Mobilization March 2019 01505-2

PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used)

END OF SECTION

Well 2R and 7 Rehabilitation (2019) Construction Facilities and Controls March 2019 01570-1

SECTION 01570

CONSTRUCTION FACILITIES AND CONTROLS

PART 1 GENERAL

1.1 Summary

A. Temporary construction facilities required for the WORK include but are not

limited to:

1. Power a. Contactor to supply power via generator. Due to location near

highway and woods, sound-attenuating enclosure is not a requirement.

2. Water

a. Contractor to supply water at both sites. Furnish all the hoses, pump, and tanks as needed for water supply.

b. Alternatively, at Well 2R, a hydrant is located approximately 400 feet away from the well. Backflow protection is required on all connections to potable water systems. Backflow preventers must be obtained from the City and require a $2000 refundable deposit.

3. Temporary lighting as needed for the work

4. Portable, temporary sanitary facilities

a. Provide temporary sanitary facilities at both well sites.

5. Waste containers for debris and control of wastewater discharge

6. Enclosures (lockable) for protection valuable items

7. OWNER’S access to facilities.

8. Field office for CONTRACTOR’S personnel (field truck is acceptable).

9. Communication: c. Cell phone is acceptable.

B. Maintain temporary facilities in proper and safe condition throughout progress

of WORK.

C. Comply with federal, state, and local codes and regulations, and utility company requirements.

D. Security at the site is critical. Ensure that items of value are contained


Iockable enclosures. 1.2 Site Access

A. Access to Well 2R is via the east gate at the A-1 Roofing Company off of

Anderson Hill road in Port Orchard, WA. Always proceed slowly through the property.

B. Access to Well 7 is on the shoulder of SR16. No parking on SR16 is permitted except during an emergency.

C. The CONTRACTOR shall make its own investigation of the condition of

available public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation and ingress and egress to the site of the WORK. It shall be the CONTRACTOR's responsibility to construct and maintain any haul roads required for its construction operations.

1.3 Utility Properties and Service

A. In areas where the CONTRACTOR’s operations are adjacent to or near a

utility and such operations may cause damage which might result in significant expense, loss and inconvenience, the operations shall be suspended until all arrangements necessary for the protection thereof have been made by the CONTRACTOR.

B. The CONTRACTOR shall notify all utility offices which may be affected by

the construction operation at least 48 hours in advance. Before exposing any utility, the utility having jurisdiction shall grant permission and may oversee the operation. Should service of any utility be interrupted due to the CONTRACTOR’s operation, the proper authority shall be notified immediately. It is of the utmost importance that the CONTRACTOR cooperates with the said authority in restoring the service as promptly as possible. Any costs shall be borne by the CONTRACTOR.

1.4 Temporary Site and Other Roads

A. Maintain existing roads used during construction free from accumulation of dirt, mud and construction debris.

B. CONTRACTOR shall repair or replace existing roads that remain to original

or better condition prior to Final Completion. Survey and record condition of existing roads prior to construction.

1.5 Contractor’s Work Area

A. Work Area:


1. Limit construction operations and storage of equipment and materials to areas shown on Drawings and as determined by OWNER.

2. Except as provided herein, no private property, or other area adjacent

to Site shall be used for storage of CONTRACTOR'S equipment and materials unless prior written approval is obtained from legal owner of the respective locations.

3. Contractor shall maintain staging areas during construction in a

manner that will not obstruct operations of existing facilities. Work shall proceed in an orderly manner, maintaining construction Site and staging area free of debris and unnecessary equipment or materials.

4. Sweep and remove dust, debris, and mud from paved surfaces after

demobilization.

B. Storage and Protection of Equipment and Materials:

1. The CONTRACTOR shall be solely responsible for the protection and security of all equipment and materials stored on the site. Equipment and materials stored at the site shall be placed neatly on the job site in an area and environment that will provide protection and security. Materials that are not adequately protected or stored in conformance with the manufacturer’s recommendations will be rejected. Unusable materials shall be expeditiously removed from the job site.

2. Provide appropriate barricades, signs, and traffic control devices in like-

new condition where necessary to protect pedestrians from any hazards associated with the storage of materials and equipment used for this project.

3. No equipment and/or materials shall be stored outside the

immediate work area.

4. The “immediate work area” is the area where work is taking place or will be taking place within one calendar day. The CONTRACTOR shall immediately move stored material or equipment which causes a nuisance or creates complaints

1.6 Security

A. CONTRACTOR shall be responsible for loss or injury to persons or property

where WORK is involved, and shall provide security and take precautionary measures to protect CONTRACTOR’S and OWNER’S interests.

B. Provide and maintain temporary fencing of design and type needed to prevent entry into active construction areas.


C. Store all materials of value in a locked metal storage container. Theft has occurred at this area on previous projects.

1.7 Enclosures

A. Provide and maintain all enclosures, scaffolds, tarpaulins, canopies, warning

signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of WORK.

1.8 Parking

A. Staging area and designated areas within construction limits may be used

for parking of construction personnel’s private vehicles and CONTRACTOR’S lightweight vehicles.

B. Make arrangements for additional parking off site as required.

C. No overnight parking, camping, or storage of personal vehicles, trailers or

other items will be authorized. 1.9 Contractor’s Field Offices and Buildings

A. Field office is optional

B. Field office shall be neat and well-constructed and kept clean

1.10 Hazardous Materials Storage Area

A. The CONTRACTOR shall construct and implement a separate storage area for hazardous materials used in constructing the WORK.

1. For the purpose of this paragraph, hazardous materials to be stored in

the separate area are all products labeled with any of the following terms: Warning, Caution, Poisonous, Toxic, Flammable, Corrosive, Reactive, or Explosive. In addition, whether or not so labeled, the following materials shall be stored in the separate area: diesel fuel, gasoline, new and used motor oil, hydraulic fluid, cement, paints and paint thinners, two- part epoxy coatings, sealants, asphaltic products, glues, solvents, wood preservatives, sand blast materials, and spill absorbent.

2. Hazardous materials shall be stored in groupings according to

the MSDS.

3. The CONTRACTOR shall develop and submit to the OWNER a plan for storing and disposing of the materials above.


4. The CONTRACTOR shall obtain and submit to the OWNER a single EPA number for wastes generated at the Site.

5. The separate storage area shall meet all the requirements of all

authorities having jurisdiction over the storage of hazardous materials.

6. The separate storage area shall be inspected by the appropriate regulatory authority prior to construction of the area, upon completion of construction of the area, and upon cleanup and removal of the area.

7. All hazardous materials which are delivered in containers shall be stored

in the original containers until use. Hazardous materials which are delivered in bulk shall be stored in containers which meet the requirements of authorities having jurisdiction.



END OF SECTION

Well 2R and 7 Rehabilitation (2019) Product, Materials, and Equipment March 2019 01505-1

SECTION 01600

PRODUCTS, MATERIALS, AND EQUIPMENT PART 1 GENERAL

1.1 Definitions

A. The word "Products," as used in the Contract Documents, is defined to include

purchased items for incorporation into the WORK, regardless of whether specifically purchased for the project or taken from CONTRACTOR's stock of previously purchased products. The word "Materials," is defined as products which must be substantially cut, shaped, worked, mixed, finished, refined, or otherwise fabricated, processed, installed, or applied to form WORK. The word "Equipment" is defined as products with operational parts, regardless of whether motorized or manually operated, and particularly including products with service connections (wiring, piping, and other like items). Definitions in this paragraph are not intended to negate the meaning of other terms used in the Contract Documents, including "specialties," "systems," "structure," "finishes," "accessories," "furnishings," special construction," and similar terms, which are self-explanatory and have recognized meanings in the construction industry.

B. Neither "Products" nor "Materials" nor "Equipment" includes machinery and

equipment used for preparation, fabrication, conveying, and erection of the WORK.

1.2 Quality Assurance

A. Source Limitations: To the greatest extent possible for each unit of WORK, the

CONTRACTOR shall provide products, materials, and equipment of a singular generic kind from a single source.

B. Compatibility of Options: Where more than one choice is available as options

for CONTRACTOR's selection of a product, material, or equipment, the CONTRACTOR shall select an option which is compatible with other products, materials, or equipment. Compatibility is a basic general requirement of product, material and equipment selections.

C. All equipment and products supplied for this project shall be new and not

previously used. Refurbished equipment and products will be rejected. As requested by the City, the Contractor shall provide acceptable documentation from the supplier or manufacturer indicating that equipment or products are new, not previously used, and not refurbished.

1.3 Product Delivery and Storage

A. The CONTRACTOR shall deliver and store the WORK in accordance with

manufacturer's written recommendations and by methods and means which will prevent damage, deterioration, and loss including theft. Delivery schedules shall


be controlled to minimize long-term storage of products at the Site and overcrowding of construction spaces. In particular, the CONTRACTOR shall ensure coordination to ensure minimum holding or storage times for flammable, hazardous, easily damaged, or sensitive materials to deterioration, theft, and other sources of loss.

1.4 Transportation and Handling

A. Products shall be transported by methods to avoid damage and shall be

delivered in undamaged condition in manufacturer's unopened containers and packaging.

B. The CONTRACTOR shall provide equipment and personnel to handle products,

materials, and equipment including those furnished by OWNER, by methods to prevent soiling and damage.

C. The CONTRACTOR shall provide additional protection during handling to

prevent marring and otherwise damaging products, packaging, and surrounding surfaces.

1.5 Storage and Protection

A. Products shall be stored in accordance with manufacturer's written instructions

and with seals and labels intact and legible. Sensitive products shall be stored in weather-tight climate-controlled enclosures and temperature and humidity ranges shall be maintained within tolerances required by manufacturer's recommendations.

B. For exterior storage of fabricated products, products shall be placed on sloped

supports above ground. Products subject to deterioration shall be covered with impervious sheet covering and ventilation shall be provided to avoid condensation.

C. Loose granular materials shall be stored on solid flat surfaces in a well-drained

area and shall be prevented from mixing with foreign matter.

D. Storage shall be arranged to provide access for inspection. The CONTRACTOR shall periodically inspect to assure products are undamaged and are maintained under required conditions.

E. Storage shall be arranged in a manner to provide access for maintenance of stored items and for inspection.

1.6 Maintenance of Products in Storage

A. Stored products shall be periodically inspected on a scheduled basis. The

CONTRACTOR shall maintain a log of inspections and shall make the log available on request.


B. The CONTRACTOR shall comply with manufacturer's product storage requirements and recommendations.

C. The CONTRACTOR shall maintain manufacturer-required environmental

conditions continuously.

D. The CONTRACTOR shall ensure that surfaces of products exposed to the elements are not adversely affected and that weathering of finishes does not occur.

E. For mechanical and electrical equipment, the CONTRACTOR shall provide a

copy of the manufacturer's service instructions with each item and the exterior of the package shall contain notice that instructions are included.

F. Products shall be serviced on a regularly scheduled basis, and a log of

services shall be maintained and submitted as a record document prior to final acceptance by the OWNER in accordance with the Contract Documents.



END OF SECTION

Well 2R and 7 Rehabilitation (2019) Project Closeout March 2019 01700-1

SECTION 01700

PROJECT CLOSEOUT

PART 1 GENERAL

1.1 Submittals

A. Closeout Submittals:

1. Operations and Maintenance Manuals (bound in notebook) for all

manufactured or technical items supplied on the project. 2. All remaining reports, certificates and documents pertaining to the

Work and Contract Documents. 3. Video inspection records. 4. Field data requested by hydrogeologist to prepare final report. 5. All affidavits and administrative requirements required by the Contract

Documents and the State of Washington. 1.2 Final Inspection

A. When the CONTRACTOR considers Work is complete, submit written

request stating that contract documents have been reviewed and the work in entirety has been completed in accordance with the contract documents. Request a final inspection. ENGINEER will inspect to verify status of completion with reasonable promptness after receipt of such certifications.

B. If ENGINEER finds incomplete or Defective Work:

1. ENGINEER will promptly prepare a Punch List and notify

CONTRACTOR in writing, listing incomplete or Defective Work.

2. Take immediate steps to remedy stated deficiencies and send second written certification to ENGINEER that Work is complete.

3. ENGINEER will re-inspect Work.

C. When ENGINEER finds Work is acceptable, they will request CONTRACTOR

to make closeout Submittals as specified in this Section. PART 2 PRODUCTS (Not Used)


END OF SECTION

Well 2R and 7 Rehabilitation (2019) Well Rehabilitation March 2019 02520-1

SECTION 02520

WELL REHABILITATION

PART 1 GENERAL

1.1 General

A. This section describes the work required to rehabilitate Wells 2R and 7. It

also describes the subsequent step testing to determine well performance and pumping equipment purchase/installation.

B. Payment for material listed in Part 2 shall be based on actual invoice for materials used plus material markup (see paragraph 01025 1.2 B.)

C. The City has contracted with the hydrogeology firm Robinson Noble, Inc. (RN) to provide quality assurance and field support services during rehabilitation. The scope of services for the hydrogeologist include:

1. Support during the bid regarding technical issues. 2. Technical review of submittals, plans and contractor processes. 3. Attending and reviewing pre and post-rehabilitation videos for

evaluating well condition and determining/revising rehabilitation methods.

4. Field observation during rehabilitation to ensure correct rehabilitation methods and any necessary modifications.

5. Final acceptance of rehabilitation and determination of whether rehabilitation is complete or additional effort is required.

6. Determining hours of actual contractor field work for billing purposes. 7. Supporting contractor during post-rehabilitation pumping test for

determination of specific capacity.

PART 2 PRODUCTS 2.1 Filter pack replacement. Acceptable products include: Colorado Silica 8 x 12 filter

sand or approved equal. 2.2 Surfactant. Acceptable products include: Bariod Aqua-Clear PFD or approved equal.

PART 3 EXECUTION 3.1 Well 2R and Well 7 Rehabilitation

A. This section describes the tasks and sequence of work required to

rehabilitate Wells 2R and Well 7. These tasks must be performed separately for each well. The actual sequence may vary in the field, in confirmation with


the hydrogeologist. Tasks are as follows and are referenced elsewhere in the specifications.

1. Mobilization and preliminary work

a. See sections 01354 and 01570 for staging, equipment setup, site constraints, site security, erosion control, environmental protection and other requirements before well redevelopment work can begin.

2. Remove existing well pump, column, and appurtenances. a. Prior to removing well pump, City staff will take the well off-

line and disconnect all electrical and control connections. b. The Contractor shall remove the well pump, column,

electrical cable, and appurtenances. The well column, electric cable, and appurtenances shall be presented to City and hydrogeologist for inspection and determination of whether these items must be replaced.

c. Dispose of all pump-related items as directed by the City. The Contractor is responsible for obtaining any permits and coordinating disposal.

d. Landfill and any permit fees associated with disposal of old pumping equipment and appurtenances will be reimbursed from Force Account.

3. Perform pre-rehabilitation video inspection

a. The hydrogeologist will be on-site during the video inspection to evaluate the condition of the well and determine whether modifications to the rehabilitation method are required.

b. Ensure wells are adequately flushed prior to video to maximize clarity.

4. Remove sand, silt and other loose material from the bottom of the well. a. Both turbid water and solids brought to the surface from

this process shall be disposed in the wastewater storage tanks or equivalent.

5. Clean the well casing using a wire brush to remove scale and formations.

6. Mechanically surge the well. a. Use rubber disk surge block attached to a cable-tool drill

stem b. Typical cycle of 15 minutes through each 2-foot screen

interval; record quantity of material generated by each interval. To be adjusted as needed by the hydrogeologist.

7. Replace filter pack in annular space. a. As directed by the hydrogeologist, replace the filter pack


material in the annular space. b. Material payment to be per Force Account.

8. Place and surge surfactant in well to loosen fine clay and silt

materials. a. Allow surfactant to disperse and remain in the well for

duration to be determined by the hydrogeologist. b. Material payment to be per Force Account.

9. Continue mechanical well surging as directed by the hydrogeologist.

The hydrogeologist will determine when surging activity may cease.

10. Perform post-rehabilitation video evaluation and/or inspection. a. Remove any remaining sand, silt, and solids from the bottom

of the well until the water is clear as accepted by the hydrogeologist.

b. Provide additional information as requested by the hydrogeologist, including quantity/trend of sand production and condition of the water in the well (turbid vs. clear).

c. Hydrogeologist may request additional rehabilitation based on the results.

d. Hydrogeologist may request post-rehabilitation video inspection. If a subcontractor is used for this service, cost shall be reimbursed via Force Account.

11. Disinfection and step-rate testing. a. City will obtain sample for laboratory bacteriological test per

AWWA Standards. b. Upon receipt and acceptance of test results, perform step-rate

testing as directed by the HYDROGEOLOGIST for determination of pump performance requirements.

c. Start work at the other well unless already completed.

12. Purchase and install the new pumping equipment. a. See Sections 01010 and 11076 for requirements.

END OF SECTION

Well 2R and 7 Rehabilitation (2019) Well Pumping Equipment March 2019 11076-1

WELL PUMPING EQUIPMENT

SECTION 11076 PART 1 GENERAL

1.1 Summary of Pumping Equipment Purchase Requirements

A. This section includes a description of the permanent pump equipment

for Well 2R and Well 7 and purchasing requirements.

B. Related sections.

1. 01025 – Measurement and Payment 2. 01300 – Contractor Submittals 3. 01600 – Products, Materials, and Equipment 4. 02520 – Well Rehabilitation

C. After step-rate testing at each well, the Owner will determine the

performance requirements for the new pumping equipment. The new pumping equipment will be similar in size and type to the existing pumping equipment.

D. The Owner shall supply a specification to the Contractor for obtaining quotations and purchasing the new pumping equipment from a vendor.

E. The Contractor shall obtain quotations from minimum of two (2)

suppliers in order to ensure competitive bidding and maximize cost savings for the City. Submit the quote and product technical data sheets (shop drawings) for all items to be purchased for evaluation by the City.

F. The purchase shall also include valves, piping, power cables, conduit

and related appurtenances as necessary to provide a complete pumping equipment system. These items will be included in the purchasing specification as necessary.

G. Payment for purchase of pumping equipment and appurtenances is

described in the Measurement and Payment section.

H. Ensure timely submittal of quotes to maintain project schedule.

I. Installation and startup of the permanent pumping equipment and appurtenances shall be paid under a separate bid item.

J. Upon project completion and prior to final payment, the Contractor shall submit O&M information for all the equipment items purchased and installed.

Well 2R and 7 Rehabilitation (2019) Well Pumping Equipment March 2019 11076-2

PART 2 PRODUCTS (not used)

PART 3 EXECUTION (not used) 3.1 Upon delivery and verification of pumping equipment, install new puming

equipment (and reused existing items) per manufacturer’s recommendations to provide a complete, operating well pumping system.

3.2 City staff to make electrical and control wiring connections and perform any SCADA coordination.

3.3 Contractor to conduct startup testing of pumps. Coordinate with the Owner as

needed. 3.4 See Section 01010 for time requirements and penalties associated with this

task.

END OF SECTION

APPENDIX A

CONSTRUCTION FORMS

ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS

<Project Title> <City Project Number>- <City Construction Contract Number>

<CONTRACTOR>, hereby indicates agreement with, and acceptance of, the final Contract Payment of <$000,000>, the total Contract Price of <$000,000,000>, including Washington State sales and/or use taxes, and the final Contract Time of <NNN Days>, as full and final compensation for all Work performed in connection with Contract Number <City Construction Contract Number>, and does hereby release the City of Bremerton from all claims, liability, demands, damages and actions of any kind whatsoever, arising from performance of that Contract.

<CONTRACTOR>

By: Date:

Title:

Certificate of Notary

Subscribed and sworn to before me this day of _

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1

CITY OF BREMERTON REQUEST FOR INFORMATION

Log No. ____________________(Unique, Chronological)

Project Title: Project No.:

Contractor:

Contract Date:

(For Contractor’s Use)

Date: Subject: Information Description:

Contractor’s Authorized Signature:

(For Owner’s Use) Date: Subject: Information Description: Owner’s Authorized Signature:

OF 1

CITY OF BREMERTON WORK CHANGE DIRECTIVE (WCD)

WCD #: _______ Date: _________

YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S):

ATTACHMENT(S): If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times:

Unit Price Contractor’s Records

Lump Sum Engineer’s Records

Time & Materials

Other: Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ . Substantial Completion: 0 days; If the change involves an increase, the estimated Ready for final payment: 0 days;

amount is not to be exceeded without further If the change involves an increase, the estimated times authorization. are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: CONTRACTOR CITY OF BREMERTON By: ____________________________________________ By: _________________________________________

Project Name

Project #: ____________________ Contractor: ______________________ Notice to Proceed Date:_____________

APPENDIX B

WELL 2R INFORMATION

DATEWELL #JOB #

MAKEMODELGPMTDH

MAKEMODELS/NHPVOLTAGEAMPERAGE

DEPTHCASING DIA.

COMMENTS:

Well column = 8 - 21' long X 6" diameter galvinized pipe lengths.

WELL DATA:

#4

MOTOR

well column outline

M/N 10.55.72.4.1

MOTOR NOMENCLATURE:

ADDITIONAL INFORMATION:65 full load

Byron Jackson10.55.72.4.1

n/a50

OVERALL # OF STAGESLENGTH

170' 4"

460

3

ADDITIONAL INFORMATION:

2 - 1" sensing lines to top of pump assembly 170' 5"

273'16"

7'

CABLE SIZE

4' 8"

182"

COLUMN

6"

138

s/n 891-5-Z487DIAMETER

COLUMN

PUMP

800

1/5/20062R

October 22 2004

PUMP NOMENCLATURE:Byron Jackson

11 MOL

APPENDIX C

WELL 7 INFORMATION

created by TD

DATEWELL #JOB #

MAKEMODELGPMTDH

MAKEMODELS/NHPVOLTAGEAMPERAGE

DEPTHCASING DIA.

COMMENTS:

WELL DATA:

WELL ID #

Bottom of tubes are fitted with 10' of slotted screen and threaded end plugs.2 3/4' sounding tubes extend from surface plate to top of pump bowls = 211'

WELL COLUMN OUTLINE

n/a50

8226'

OVERALL # OF

211'

46065 FLA.

Byron Jackson10-5648-4-1

STAGESLENGTH MOTOR NOMENCLATURE:

ADDITIONAL INFORMATION:

7'

CABLE SIZE

8'

COLUMN

S/N 90150443DIAMETER ADDITIONAL INFORMATION:

COLUMN

PUMP

MOTOR

20057

PUMP NOMENCLATURE:Byron Jackson

8HQH8STG300

CONTRACT DOCUMENTS WELL 2R & 7 REHABILITATION ...

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