Sample Only

Date ____________________________ Signed:

Date ____________________________ Signed:

I hereby designate ________________________________________ as the repository for the escrow of said funds. The terms of which are specified by a separate escrow agreement. The cost of the investment program and the risk thereof is to be borne entirely by the Contractor.

All investments selected are subject to City approval.

Prior to the City of Bainbridge placing any monies in an escrow account, the Contractor shall provide an original signed escrow agreement from the repository with a letter stating their acceptance of the account, the account number, the nature of the investments to be made, and a statement that they will not release any funds until authorized in writing by the City of Bainbridge Island.

Date ____________________________ Signed:

Print - Contractor's Name/Address/Phone #

INDEMNITY AGREEMENT

The Contractor shall indemnify, defend and hold harmless the Owner from any and all claims, demands,costs, losses and liabilities to or by third parties, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any negligent act, omission or failure of the Contractor, its officers, agents and employees, or any subcontractor of the Contractor, in performing the work required by the contract or any portion thereof. With respect to injury to persons or damage to property caused by or resulting from the concurrent negligence of the Contractor and the Owner or the Owner's agents or employees, the obligation of the Contractor to indemnify, and hold harmless shall apply only to the extent of the Contractor's negligence. With respect to the performance of this contract and as to claims against the Owner, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Indemnity Agreement extends to any claim brought by or on behalf of any employee of the Contractor and includes any judgment, award or costs thereof, including attorney's fees. Contractor's waiver of immunity by the provisions of this Indemnity Agreement does not include, or extend to, any claims by Contractor's employees directly against Contractor. Contractor acknowledges and represents that the foregoing waiver has been mutually negotiated between Contractor and the Owner.

CONTRACTOR

____________________________________________________________

Print - Name of Company

By ________________________________

Its ________________________________

___________________________________________________

Date

ATTEST: If Corporation

Corporate Seal:________________________________

________________________________

TITLE

WITNESS, If Individual or Partnership: _________________________________________

MINIMUM WAGE AFFIDAVIT

CITY OF BAINBRIDGE ISLAND )

) ss

COUNTY OF __________________________ )

I, the undersigned, having been duly sworn, depose, say and certify that in connection with the performance of the work, payment for which each voucher is submitted, I have paid the following rate per hour for each classification of laborers, workmen, or mechanics, as indicated upon the attached list, now referred to and by such reference incorporated in and made an integral part hereof, for all such employed in the performance of such work; and no laborer, workman or mechanic so employed upon such work has been paid less than the prevailing rate of wages or less than the minimum rate of wages as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief.

Contractor

Subscribed and sworn to before me on this day of , 199 .

Notary Public in and for the State of Washington,

residing at

My Appointment expires:

GUARANTEE FORM

CITY OF BAINBRIDGE ISLAND

625 Winslow Way East

Bainbridge Island, Washington 98110

Subject: *________________________________________________

To Whom It May Concern:

I (we) the undersigned guarantee the complete construction and installation of all work, systems and apparatus free from defects in material and workmanship for a period of one year from the date of final acceptance of the project. I (we) shall remedy at my (our) expense any defects appearing during that period of time due to poor materials or workmanship and will pay for any damage to other work resulting from occurrence of the defects or the correction of the same.

This guarantee shall not be interpreted as holding the Contractor responsible for any deterioration of the work due to normal use or the abuse of the work by the City of Bainbridge Island.

Contractor Signature

Date

Print - Company Name - Title

BIDDER'S CHECKLIST

THE BIDDER'S ATTENTION IS ESPECIALLY CALLED TO THE FOLLOWING FORMS THAT MUST BE EXECUTED IN FULL AS REQUIRED:

1. Proposal

The lump sum and unit prices must be shown in the space(s) provided. Show total costs in both written words and figures.

2. Bid Signature Sheet

This form is to be submitted with the proposal; contractor indicates form of bid bond and acknowledges addenda. Form must be notarized.

3. Bond Accompanying Bid

This form is to be executed by the bidder and the surety company unless bid is accompanied by a certified check or cashier's check. The amount of this bond shall not be less than five percent (5%) of the total amount of bid and may be shown in dollars or on a percentage basis.

4. Non-Collusion Certificate

5. Statement of Bidder's Qualifications

6. Statement of Proposed Subcontractor's

If contract costs are more than $100,000.00, this statement must be submitted as part of the bid or within one hour of the published bid submittal time. RCW 39.30.060.

THE FOLLOWING FORMS ARE TO BE EXECUTED IN CONJUNCTION WITH THE CONTRACT AWARD:

1. Agreement

This agreement to be executed by the successful bidder.

2. Payment Bond and Performance Bond

To be executed by the successful bidder and bidder's surety company.

3. Certificate of Insurance

Form to be furnished by Contractor's insurance company. Twenty (20) day cancellation notice by certified mail and Hold Harmless Statement required. A copy of the endorsement naming the City and the Consultant as additional insureds must be attached to the Certificate of Insurance.

4. Indemnity Agreement

5. Declaration of Option for Management of Statutory Retained Percentage.

6. Statement of Intent to Pay Prevailing Wages

To be submitted by prime contractor and all subcontractors.

7. Evidence that a City Business License has been obtained (or applied for)

8.Progress Schedule

9. Traffic Control Schedule

10. Itemized Schedule of Costs

To be submitted by Contractor before first progress payment can be made. See Measurement and Payment Section.

11. List of Subcontractors

For contract costs less than $100,000.00.

THE FOLLOWING FORMS ARE TO BE EXECUTED IN CONJUNCTION WITH THE DATE OF PROJECT ACCEPTANCE:

1. Maintenance Bond

2. Guarantee Form

3. Affidavit of Wages Paid

Submitted by prime Contractor and all subcontractors.

4. Release of Liens

5. As-Built Drawings

6. Operation and Maintenance Manuals, if applicable.

INFORMATION FOR BIDDERS

INTENT OF CONTRACT

The intent of the contract is to prescribe a complete work. The Contractor shall provide all labor, materials, tools, equipment, transportation, supplies and incidentals required to complete all contract work. Omissions from the contract of details of work which are necessary to carry out the intent of the contract, or which are customarily performed, shall not relieve the Contractor from performing the omitted work, but they shall be performed as if fully and correctly set forth and described in the contract. The unit contract bid prices shall be full pay for all work and materials required to complete the work.

The Contractor shall include all costs of doing the work within the unit bid prices. If the contract plans, contract provisions, addenda, or any other part of the contract requires work that has no unit price in the proposal form, the cost of such work shall be incidental and included within the unit bid prices in the contract. See Scope of Work.

PROJECT DESCRIPTION

The project consists of providing all labor, materials, tools, equipment, transportation, supplies and incidentals necessary to *

PROJECT LOCATION

The project is located at *

The location of the project site is indicated on the vicinity map on the Contract Drawings.

EXAMINATION OF BID DOCUMENTS AND PROJECT SITE

The bidder shall carefully examine the bid documents. Submittal of a bid shall be conclusive evidence that the bidder has made these examinations and understands all requirements for the performance of the completed work. The bidder further warrants, agrees, and acknowledges by submitting a bid that it:

-Has taken steps reasonably necessary to ascertain the nature and location of the work.

-Has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to:

a.Conditions bearing upon acquisition, transportation, disposal, handling, and storage of materials.

b.The availability of labor, materials, water, electric power, and roads.

c.Uncertainties of weather, river stages, tides or similar physical conditions at the site.

d.The conformation and condition of the ground.

e.The character of equipment and facilities needed preliminary to and during work performance.

-Has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the work site (including material sites) as well as from the bid documents and other information made a part of this contract.

-Has satisfied itself as to the adequacy of time allowed for the completion of the physical work on the contract.

Any failure of the bidder to take the actions described and acknowledged in this clause shall not relieve the bidder from responsibility for estimating properly the difficulty and cost of successfully performing the work, or from proceeding to successfully perform the work without additional expense to the City of Bainbridge Island.

The bidder agrees that the City of Bainbridge Island shall not be liable to it on any claim for additional payment or additional time or any claim whatsoever if the claim directly or indirectly results from the bidder's failure to investigate and familiarize itself sufficiently with the conditions under which the contract is to be performed.

The bidder shall be familiar and comply with all Federal, State and local laws, ordinances, and regulations which might affect those engaged in the work. The City of Bainbridge Island will not consider any plea of misunderstanding or ignorance of such requirements.

Bid prices shall reflect what the bidder anticipates to be the cost of completing the work, including methods, materials, labor and equipment. Except as the contract may provide, the bidder shall receive no payment for any costs that exceed those in the bid prices.

Any prospective bidder desiring an explanation or interpretation of the bid documents, must request the explanation or interpretation in writing soon enough to allow a written reply to reach all prospective bidders before the submission of their bids. Oral explanations, interpretations, or instructions given by anyone before the award of a contract will not be binding on the City of Bainbridge Island. Any information given a prospective bidder concerning any of the bid documents will be furnished to all prospective bidders as an addendum if that information is deemed by the City of Bainbridge Island to be necessary in submitting bids or if the City concludes that the lack of the information would be prejudicial to other prospective bidders. See Bid Procedures and Conditions.

STATEMENT OF BIDDER'S QUALIFICATIONS

Pre-qualification of bidders will not be required for this project. This deletion does not, however, bar the City, upon the opening and consideration of bids, from determining that a bidder is not a responsible bidder insofar as performance of the contract is concerned. Each bidder must furnish a statement of bidders qualification on the form furnished in the specifications, of the bidder's technical construction experience, financial status, and general ability to perform the work contemplated. The statement shall be submitted with the bid. The City shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such information and data for this purpose as the City may request.

The City of Bainbridge Island reserves the right to reject any bid where there's substantial evidence that the bidder is not qualified to carry out the terms of the contract. See Bid Procedures and Conditions.

PREPARATION OF BID

The bidder shall submit it's proposal on the forms furnished by the City and included in these documents. The total cost must be stated in both words and figures. In the event of discrepancies between words and figures, the words shall govern. If the proposal is made by a partnership, it shall contain the names of each partner and shall be signed in the firm name, followed by the signature of the person authorized to sign. If the proposal is made by a corporation, it shall be signed in the name of the corporation, followed by the written signature of the officer signing and printed or typewritten designation of the office he/she holds in the corporation. The address of the bidder shall be typed or printed on the proposal. All blank spaces in the proposal form shall be properly filled in. See Bid Procedures and Conditions.

BID SUBMITTAL

The bid, bid bond, bid signature sheet, with addenda acknowledged, and other required contract documentation shall be submitted at the time and place stated in the advertisement to bid. Bids must be sealed with the outside of the envelope marked by the project name and bid opening date. Name and address of the bidder should also appear on the outside of the envelope. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. No faxed bids or surety bonds will be accepted. The City of Bainbridge Island reserves the right to reject any or all bids and to waive informalities in the bidding process. The contract will be awarded to the lowest responsible bidder. See Bid Procedures and Conditions.

ADDENDA

Receipt of all addenda shall be acknowledged in the space provided on the bid signature sheet. Failure to acknowledge addenda may result in the bid being rejected for not being responsive. See Bid Procedures and Conditions.

BID BOND - DEPOSIT

A deposit of at least five percent (5%) of the total bid shall accompany each bid. This deposit may be by cash, certified check, cashier's check, or a proposal bond (surety bond) payable to the City of Bainbridge Island. Any proposal bond shall be on a form acceptable to the City and shall be signed by the bidder and the surety. A proposal bond shall not be conditioned in any way to modify the minimum 5 percent required. The surety shall be registered with the Washington State Insurance Commissioner. See Bid Procedures and Conditions.

PAYMENT BOND AND PERFORMANCE BOND

The successful Bidder shall provide an executed Payment Bond and Performance Bond for the full contract amount. The surety shall be registered with the Washington State Insurance Commissioner.

See Award and Execution.

MAINTENANCE BOND

Prior to the closing of the contract, the contractor shall provide a two (2) year maintenance bond from the date of final acceptance of the work in the amount of 20% of the total project construction costs. See Award and Execution.

INSURANCE REQUIREMENTS

See City's requirements set forth in Legal Relations and Responsibilities to the Public Section of these Specifications.

AWARD OF CONTRACT

It is intended that award of the Contract will be made by the City, upon recommendation of the Engineer, to the lowest responsible bidder. See Award and Execution.

STATE TAXES

Sales tax and use tax apply to most public works projects, with specific exemptions, such as, labor and services rendered for the building, repairing, or improving of any street, place, road, highway, easement, right-of-way, mass public transportation terminal or parking facility, bridge, tunnel or trestle owned by a city or town. RCW 82.04.050(6). See Legal Relations and Responsibilities to the Public.

PAYMENTS

The basis of payment will be for actual quantities of work performed according to the contract. Payments will be made for completed work performed and materials furnished under the contract according to the unit bid prices(s) in the proposal unless otherwise provided. Partial payments will be made once each month.

Failure to perform any of the obligations under the contract by the contractor may be decreed by the City to be adequate reason for withholding any payments until compliance is achieved. See Section Measurement and Payment.

TIME FOR COMPLETION

Unless specified on a certain date, all physical contract work must be completed within * calendar days from the date the Notice to Proceed was issued.

SPECIAL PROVISIONS

INTRODUCTION AND DESCRIPTION OF WORK

The Standard Specifications for Road, Bridge and Municipal Construction, 1994 Edition, including the Division 1 APWA Supplement, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, referred to hereinafter as "Standard Specifications" are hereby made a part of this Chapter. The Division 1 APWA Supplement supersedes any conflicting provision of Division 1 of the Standard Specifications. The following Special Provisions include applicable Amendments to and supplement the Standard Specifications and are hereby made a part of this Contract. The Special Provisions supersede any conflicting provisions of the Standard Provisions. Any conflicting provisions not specifically covered will be clarified by the Engineer as the need arises.

Where any subsection or portion of the Standard Specifications is deleted, amended, altered, or changed hereafter, it is meant to pertain only to that particular portion of the section and in no way should it be interpreted that the balance of the section does not apply.

DESCRIPTION OF WORK

*

G E N E R A L R E Q U I R E M E N T S

DEFINITIONS

The following words and phrases, whenever used in this Project Manual shall be defined and interpreted as follows:

(1)"OWNER" and/or "CITY" shall be interpreted to mean the City of Bainbridge Island, acting through the direction of the City Council.

(2)"STATE" shall mean the State of Washington.

(3)"ENGINEER" shall be interpreted to mean the City of Bainbridge Island acting through its authorized representatives or the firm duly authorized by the City of Bainbridge Island to be responsible for engineering design of the contract work and acting through an authorized representative of the City of Bainbridge Island. The City of Bainbridge Island's City Engineer for this project is:

Jeff Jensen, P.E.

City of Bainbridge Island

625 Winslow Way E.

Bainbridge Island, WA 98110

(206) 842-2016

(4)"CONSULTANT" shall mean the Consulting firm hired by the City to design and/or administer the project. For this project the Consultant is:

**(Insert Consultant Engr. address/phone #

(5)"BID DOCUMENTS" shall mean the Advertisement to Bid, Instruction to Bidders, Bid Form, and the proposed Contract Documents (including all addenda issued prior to receipt of bids).

(6)"CONTRACT DOCUMENTS" shall mean the component parts of the Contract including, but not limited to the Bid, Contract, Bonds, Insurance Certificates, General Requirements, Technical Specifications, Plans, Addenda, Supplemental Agreements and Change Orders.

(7)"PROJECT MANUAL" shall mean the official Bid Documents and Contract Documents entitled "*_____________________."

(8)"INDEMNIFY, DEFEND AND HOLD HARMLESS" or variations thereof appear in the General Conditions, they shall apply to the Engineer as well as the Owner.

BID PROCEDURES AND CONDITIONS

STATEMENT OF BIDDER'S QUALIFICATIONS

Pre-qualification of bidders will not be required for this project. This deletion does not, however, bar the City, upon the opening and consideration of bids, from determining that a bidder is not a responsible bidder insofar as performance of the contract is concerned. Each bidder must furnish a statement of bidders qualification on the form furnished in the specifications, of the bidder's technical construction experience, financial status, and general ability to perform the work contemplated. The statement shall be submitted with the bid. The City shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such information and data for this purpose as the City may request.

Any Bidder awarded the Contract must, before issuance of the "Notice to Proceed", be licensed in the City of Bainbridge Island and by the State of Washington under Chapter 18.27 RCW and be in good standing.

The City of Bainbridge Island reserves the right to reject any bid where there's substantial evidence that the bidder is not qualified to carry out the terms of the contract.

ESTIMATED QUANTITIES

The quantities shown in the proposal form and the contract forms are estimates and are stated only for bid comparison purposes. The Owner does not warrant either expressly or by implication, that the actual quantities of work will correspond with those estimates. Payment will be made on the basis of the actual quantities of each item of work completed in accordance with the contract requirements.

EXAMINATION OF BID DOCUMENTS AND PROJECT SITE

The bidder shall carefully examine the bid documents. Submittal of a bid shall be conclusive evidence that the bidder has made these examinations and understands all requirements for the performance of the completed work. The bidder further warrants, agrees, and acknowledges by submitting a bid that it:

-Has taken steps reasonably necessary to ascertain the nature and location of the work.

-Has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to:

a.Conditions bearing upon acquisition, transportation, disposal, handling, and storage of materials.

b.The availability of labor, materials, water, electric power, and roads.

c.Uncertainties of weather, river stages, tides or similar physical conditions at the site.

d.The conformation and condition of the ground.

e.The character of equipment and facilities needed preliminary to and during work performance.

-Has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the work site (including material sites) as well as from the bid documents and other information made a part of this contract.

-Has satisfied itself as to the adequacy of time allowed for the completion of the physical work on the contract.

Any failure of the bidder to take the actions described and acknowledged in this clause shall not relieve the bidder from responsibility for estimating properly the difficulty and cost of successfully performing the

work, or from proceeding to successfully perform the work without additional expense to the City of Bainbridge Island.

The bidder agrees that the City of Bainbridge Island shall not be liable to it on any claim for additional payment or additional time or any claim whatsoever if the claim directly or indirectly results from the bidder's failure to investigate and familiarize itself sufficiently with the conditions under which the contract is to be performed.

The bidder shall be familiar and comply with all Federal, State and local laws, ordinances, and regulations which might affect those engaged in the work. The City of Bainbridge Island will not consider any plea of misunderstanding or ignorance of such requirements.

Bid prices shall reflect what the bidder anticipates to be the cost of completing the work, including methods, materials, labor and equipment. Except as the contract may provide, the bidder shall receive no payment for any costs that exceed those in the bid prices.

Any prospective bidder desiring an explanation or interpretation of the bid documents, must request the explanation or interpretation in writing soon enough to allow a written reply to reach all prospective bidders before the submission of their bids. Oral explanations, interpretations, or instructions given by anyone before the award of a contract will not be binding on the City of Bainbridge Island. Any information given a prospective bidder concerning any of the bid documents will be furnished to all prospective bidders as an addendum if that information is deemed by the City of Bainbridge Island to be necessary in submitting bids or if the City concludes that the lack of the information would be prejudicial to other prospective bidders.

SUBSURFACE INFORMATION

The City specifically makes no representations, guarantees, or warranties as to the condition, materials, or proportions of the materials between any borings and/or test holes regardless of any subsurface information the City may make available to the prospective bidders. The availability of subsurface information shall not relieve the bidder or the Contractor from any risks or of any duty to make examinations and investigations or any other responsibility under the contract or as may be required by law.

PREPARATION OF BID

The bidder shall submit it's proposal on the forms furnished by the City and included in these documents. The total cost must be stated in both words and figures. In the event of discrepancies between words and figures, the words shall govern. If the proposal is made by a partnership, it shall contain the names of each partner and shall be signed in the firm name, followed by the signature of the person authorized to sign. If the proposal is made by a corporation, it shall be signed in the name of the corporation, followed by the written signature of the officer signing and printed or typewritten designation of the office he/she holds in the corporation. The address of the bidder shall be typed or printed on the proposal. All blank spaces in the proposal form shall be properly filled in.

ADDENDA

If any party is in doubt to the meaning or intent of the Plans, Documents, General Requirements, Technical Specifications, or any of the Contract Documents, or discovers any discrepancies, ambiguities, anomalies or other defects before the bid due date, he/she shall request interpretation from the Engineer in writing. If warranted by the Engineer, interpretations or explanations will be provided by addenda, and will be sentas promptly as practical to all persons whom the bid documents have been issued. Oral explanations, interpretations or instructions given, will be without legal effect on the Owner.

The Bidder should always check with the City, the day before bids are due to ensure all addenda have been received. All such addenda shall become part of the Contract Documents and receipt of all addenda shall be acknowledged in the space provided on the bid signature sheet. Failure to acknowledge addenda may result in the bid being reject for not being responsive.

BID BOND - DEPOSIT

A deposit of at least five percent (5%) of the total bid shall accompany each bid. This deposit may be by cash, certified check, cashier's check, or a proposal bond (surety bond) payable to the City of Bainbridge Island. Any proposal bond shall be on a form acceptable to the City and shall be signed by the bidder and the surety. A proposal bond shall not be conditioned in any way to modify the minimum 5 percent required. The surety shall be registered with the Washington State Insurance Commissioner.

NON-COLLUSION AFFIDAVIT

A declaration has been provided on the bid forms that the bidder has not taken part in collusion or other action in restraint of free competitive bidding in connection with the submitted bid. Failure to submit the statement as part of the bid proposal package will make the bid nonresponsive and not eligible for award consideration.

BID SUBMITTAL

The bid, bid bond, bid signature sheet, with addenda acknowledged, and other required contract documentation shall be submitted at the time and place stated in the Invitation to Bid. Bids must be sealed with the outside of the envelope marked by the project name and bid opening date. Name and address of the bidder should also appear on the outside of the envelope. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. No faxed bids or surety bonds will be accepted. The City of Bainbridge Island reserves the right to reject any or all bids and to waive informalities in the bidding process. The contract will be awarded to the lowest responsible bidder.

WITHDRAWAL OR REVISION OF BID

At any time prior to the scheduled closing time for receipt of proposals, any bidder may withdraw it's bid by written request signed by an authorized person. The original bid proposal may be revised and resubmitted as the official bid proposal if the City receives it before the time for opening bids. After the scheduled closing time for the receipt of proposals, no bidder will be permitted to withdraw it's proposal unless said award is delayed for a period exceeding thirty (30) days. Negligence on the part of the bidder in preparing the bid confers no rights for the withdrawal of the bid after it has been opened.

IRREGULAR BIDS

A proposal will be considered irregular and will be rejected if:

a.The authorized proposal form furnished is not used or is altered.

b.The completed proposal form contains any unauthorized additions, deletions, alternate bids, or conditions.

c.The proposal form is not properly executed.

d.A price per unit cannot be determined.

A proposal may be considered irregular and may be rejected if:

a.The proposal does not include a unit price for every bid item.

b.Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable bid) to the potential detriment of the City.

c.Receipt of addenda is not acknowledged.

DISQUALIFICATION OF BIDDERS

A bidder may be deemed not responsible and the proposal rejected if:

-More than one proposal is submitted for the same project from a bidder under the same or different name(s).

-Evidence of collusion exists with any other bidder. Participants in collusion will be restricted from submitting further bids.

-An unsatisfactory performance record exists based on past or current City work.

-The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract.

-The bidder is unable, financially or otherwise, to perform the work.

-A bidder is not authorized to do business in the State of Washington.

-There are any other reasons deemed proper.

PRE-AWARD INFORMATION

Before awarding any contract, the City may require one or more of these items or actions of the bidder:

-A complete statement of the origin, composition, and manufacture of any or all materials to be used.

-Samples of these materials for quality and fitness tests.

-A progress schedule showing the order of and time required for the various phases of the work.

-A breakdown of costs assigned to any bid item.

-Attendance at a conference with the Engineer or representatives of the Engineer.

AWARD AND EXECUTION

CONSIDERATION OF BIDS

After opening and reading proposals, the City will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. The total of extensions, corrected where necessary, will be used by the city for award purposes and to fix the amount of the contract bond.

The right is reserved by the City to waive informalities in the bidding process, accept a proposal of the lowest responsible bidder, reject any or all bids, republish the call for bids, revise or cancel the work, or require the work to be done in another way for the best interest of the City.

Bidders must have complied with all applicable governmental requirements including affirmative action programs and other equal opportunity action, as required.

AWARD OF CONTRACT

It is intended that award of the Contract will be made by the City, upon recommendation of the Engineer, to the lowest responsible bidder.

Normally, contract award or bid rejection will occur within 45 calendar days after bid opening. If the lowest responsible bidder and the City agree, this deadline may be extended. If they cannot agree on an extension by the 45 calendar day deadline, the City reserves the right to award the contract to the next lowest responsible bidder. The City will notify the successful bidder of the contract award in writing.

EXECUTION OF CONTRACT

Within 14 calendar days after the award date, the successful bidder shall execute and return the following documents:

- Notice of Award

- Contract

- Payment Bond

- Performance Bond

- Insurance Certificate

- Separate Endorsement naming City as additionally insured

- Property Insurance, if applicable

- Indemnity Agreement

- Declaration of Option for Management of Statutory Retained Percentage

- Copy of City of Bainbridge Island Business License

-Verification that a Statement of Intent to Pay Prevailing Wages has been filed with the Department of Labor and Industries.

- List of Subcontractors (if applicable)

-Minimum Wage Affidavit

- Progress Schedule

Until the City executes a contract, no proposal shall bind the City nor shall any work begin within the project limits or within City furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed.

INSURANCE

See City's requirements set forth in Legal Relations and Responsibilities to the Public Section of these specifications.

PAYMENT BOND AND PERFORMANCE BOND

The successful Bidder shall provide an executed Payment Bond and Performance Bond for the full contract amount. The Payment Bond and Performance Bond shall:

- Be on the Owner-furnished form.

- Be signed by an approved surety (or sureties) that:

a.Are registered with the Washington State Insurance Commissioner, and

b.Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner,

-Be conditioned upon the faithful performance of the Contract by the Contractor within the prescribed time.

-Guarantee that the surety shall indemnify, defend and protect the City against any claim of direct or indirect loss resulting from the failure:

a.Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform the Contract, or

b.Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work.

The City may require sureties or surety companies on the Payment Bond and Performance Bond to appear and qualify themselves. Whenever the City deems the surety or sureties to be inadequate, it may, upon written demand, require the Contractor to furnish additional surety to cover any remaining work. Until the added surety is furnished, payments on the contract will stop.

MAINTENANCE BOND, GENERAL GUARANTEE AND WARRANTY

Prior to the closing of the contract, the contractor shall provide a two (2) year maintenance bond from the date of final acceptance of the work in the amount of 20% of the total project construction costs. All parts of the work shall be guaranteed and bonded by the Contractor to remain in perfect working order and condition except where abused or neglected by the City, and the Contractor shall repair or replace, at it's own expense, any work, or material that may prove to be defective during the period of this guarantee. The Contractor shall obtain warranties from sub-contractors and suppliers of material or equipment where such warranties are specifically required herein, and shall deliver copies to the City upon completion of the work. Neither the final certificate of payment or partial or entire use or occupancy of the work by the City shall constitute an acceptance of work not done in accordance with the contract or relieve the contractor of liability in respect to any expressed warranties or responsibility for faulty materials and workmanship.

If, within said guarantee period, repairs or changes are required in connection with the guaranteed work, which in the opinion of the Engineer are rendered necessary as the result of the use of materials, equipment or workmanship which is inferior, defective or not in accordance with the terms of the contract, the Contractor shall promptly upon receipt of notice from the City, and without expense to the City: a) place in satisfactory condition in every particular all of such guaranteed work, correct all defects therein; and b) make good all damage to the building or site, or equipment or contents thereof, which in the opinion of the Engineer, is the result of the use of materials, equipment or workmanship which is inferior, defective, or not in accordance with the terms of the contract; and c) make good any work or materials, or the equipment and contents of building, structures, or site disturbed in fulfilling any such guarantee. If the Contractor, after notice, fails within ten (10) days to proceed to comply with the terms of the guarantee, the City may have the defects corrected and the Contractor and it's surety shall be liable for all expenses incurred provided, however, that in case of an emergency where, in the opinion of the Engineer, delay would cause serious loss or damage, repairs may be made without notice being given the Contractor and the Contractor shall pay the cost.

FAILURE TO EXECUTE CONTRACT

Failure to return the insurance certification and bond with the signed contract or failure or refusal to sign the contract shall result in forfeiture of the proposal bond or deposit of this bidder. If this should occur, the City may then award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to return the required documents as stated above within the time provided after award, the contract may then be awarded successively in a like manner to the remaining lowest responsible bidders until the above requirements are met or the remaining proposals are rejected.

RETURN OF BID DEPOSIT

When proposals have been examined and corrected as necessary, proposal bonds and deposits accompanying proposals ineligible for further consideration will be returned. All other proposal bonds and deposits will be held until the contract has been properly executed. When the contract has been properly executed, all remaining deposits or bonds, except those submit to forfeiture, will be returned.

SCOPE OF WORK

INTENT OF CONTRACT

The intent of the contract is to prescribe a complete work. The Contractor shall provide all labor, materials, tools, equipment, transportation, supplies and incidentals required to complete all contract work. Omissions from the contract of details of work which are necessary to carry out the intent of the contract, or which are customarily performed, shall not relieve the Contractor from performing the omitted work, but they shall be performed as if fully and correctly set forth and described in the contract. The unit contract bid prices shall be full pay for all work and materials required to complete the work.

The Contractor shall include all costs of doing the work within the unit bid prices. If the contract plans, contract provisions, addenda, or any other part of the contract requires work that has no unit price in the proposal form, the cost of such work shall be incidental and included within the unit bid prices in the contract.

PROJECT DESCRIPTION

The project consists of providing all labor, materials, tools, equipment, transportation, supplies and incidentals necessary to *

PROJECT LOCATION

The project is located at * . The location of the project site is indicated on the vicinity map on the Contract Drawings.

COORDINATION OF CONTRACT DOCUMENTS, PLANS, SPECIAL PROVISIONS, SPECIFICATIONS AND ADDENDA

The complete contract includes these parts: the contract form, bidder's completed proposal form, contract plans, contract provisions, standard specifications, standard plans, addenda, various certifications and affidavits, supplemental agreements, change orders, and subsurface boring logs (if any). These parts complement each other in describing a complete work. Any requirement in one part binds as if stated in all parts. The Contractor shall provide any work or materials clearly implied in the contract even if the contract does not mention it specifically.

Any inconsistency in the parts of the contract shall be resolved by following this order of precedence:

1. Addenda

2. Proposal Form

3. Special Provisions

4. Contract Plans

5. Amendments to the Standard Specifications

6. Standard Specifications

7. Standard Plans

On the contract plans, working drawings and standard plans, figured dimensions shall take precedence over scaled dimensions.

This order of precedence shall not apply when work is required by one part of the contract but omitted from another part or parts of the contract. The work required in one part must be furnished even if not mentioned in other parts of the contract.

If any part of the contract requires work that does not include a description for how the work is to be performed, the work shall be performed in accordance with standard trade practice(s). For purposes of the contract, a standard trade practice is one having such regularity of observance in the trade as to justify an expectation that it will be observed by the contractor in doing the work.

In case of any ambiguity or dispute over interpreting the contract, the Engineer's decision will be final as provided in Section Control of Work - Authority of Engineer.

CHANGES

The City, may at any time, change the work within the general scope of the contract. Among others, these changes may include:

1. Deleting any part of the work.

2. Increasing or decreasing quantities.

3. Altering specifications, designs, or both.

4. Revising the way the work is to be done.

5. Adding new work.

6. Altering owner provided facilities, equipment, materials, services, or sites, or

7. Ordering the Contractor to speed up or delay the work.

The contractor shall obtain written consent of the surety or sureties if: (1) changed work increases the total cost of the project by more than 25 percent of the original total contract price, or (2) the Engineer requests such consent.

All change orders must be written up by the Engineer on the Engineer's approved form.

All change orders that exceed ten percent (10%) of the original total contract price (including sales tax) must be approved by the City Council. Change orders less than 10% may be approved by the Mayor. BIMC 3.72.030 (10).

PROCEDURE AND PROTEST BY THE CONTRACTOR

If in disagreement with anything required in a change order, another written order, or an oral order from the Engineer, including any direction, instruction, interpretation, or determination by the Engineer, the Contractor shall submit to the Engineer for review: 1) a signed written notice of protest before doing the work, 2) supplement the written protest within 15 calendar days with a written statement providing the following: the date of the protested order, that nature and circumstances which caused the protest, the contract provisions that support the protest, the estimated dollar cost, if any, of the protested work and how that estimate was determined, and an analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption.

In spite of any protest, the Contractor shall proceed promptly with the work as the Engineer orders.

A change order that is not protested as provided in this section shall be full payment and final settlement of all claims for contract time and for direct, indirect, and consequential costs, including costs of delay, related to any work either covered or affected by the change.

The venue of any claims or causes of accidents arising from this contract shall be the Kitsap Superior Court.

INCREASED OR DECREASED QUANTITIES

Payment to the Contractor will be made only for the actual quantities of work performed and accepted in conformance with the contract. When the accepted quantities of work vary from the original bid quantities, payment will be at the unit contract prices for accepted work.

CHANGED CONDITIONS (DIFFERING SITE CONDITIONS)

The Contractor shall promptly, and before such conditions are disturbed, notify the City Engineer in writing of: (1) pre-existing subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (2) pre-existing unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as differing in work of the character provided for in this contract.

Upon notification, the Engineer will promptly investigate the reported conditions. If the Engineer finds that changed conditions do exist, the Engineer will made an equitable adjustment in payment or the time required for the performance of the work.

If the Engineer determines that changed conditions do not exist and no adjustment in costs or time is warranted, such determination shall be final as provided in Section Control of Work - Authority of Engineer.

FINAL CLEANUP

The Contractor shall perform final cleanup as provided in this section to the Engineer's satisfaction. The Engineer will not establish the physical completion date until this is done. The right-of-way, material sites, and all ground the Contractor occupied to do the work shall be left neat and presentable.

The Contractor shall remove all rubbish, scrap material, tools, scaffolding and surplus materials, and equipment used in and about the work. Before the Contractor shall be considered complete and prior to final payment, the Contractor shall remove all surplus materials, falseworks, temporary structures, including foundations, thereof, debris of every nature, resulting from its operations, shall clean out all ditches that may have been filled during the work, replace damaged surfacing, and put the site in a neat orderly condition.

Street and Roadway Cleaning

In addition to the requirements for final cleanup, the Contractor shall be responsible for controlling dust and mud within the project limits and on any street which is utilized by its equipment for the duration of the project. The Contractor shall be prepared to use watering trucks, power sweepers, and other pieces of equipment as deemed necessary by the Owner to avoid creating a nuisance or safety hazard.

Contractors working dump trucks and other equipment on paved streets and roadways outside the area of construction shall clean these streets at the conclusion of each day's operation and, if required by Owner, during the day. Streets within the area of construction will require cleaning on a daily basis.

Any violation of these requirements will result in a citation for littering the traveled way and will be sufficient grounds for the Owner to order the roadways, streets, and appurtenances cleaned by others and to deduct all costs of such cleaning from any monies due or to become due to the Contractor.

Complaints of dust, mud, or unsafe practices and/or property damage to private ownership will be transmitted to the Contractor and prompt action in correcting will be required. Written notice of correction of complaint items will be called for, should repetitive complaints be received by the Owner. Should the Contractor fail to perform, the Owner shall, at the Contractor's expense, hire the necessary work done.

When work is being performed that is not in accordance with standards established in the State Safety Code, or when the Owner believes the condition endangers the safety of the general public and employees of the project, the Owner may immediately issue a written stop-work order describing the substandard work and deliver same to the Contractor. The Contractor shall cease work and not resume work on the stopped portion of the project until acceptable remedial action has been taken. Such protective measures shall not be construed as releasing the Contractor of any obligation or liability arising under the contract. Extensions of contract time will not be allowed for any period of time covered by such stop-work order.

All costs in connection with the above work, including water for cleaning of streets, and final cleanup shall be considered as incidental to other items involved in the project and no separate compensation will be made therefore.

CONTROL OF WORK

AUTHORITY OF ENGINEER

The Engineer shall be satisfied that all the work is being done in accordance with the requirements of the contract. The contact and specifications give the Engineer authority over the work. Whenever it is so provided in this contract, the decision of the Engineer shall be final.

The Engineer's decisions will be final on all questions including, but not limited to, the following:

- Quality and acceptability of materials and work

- Measurement of unit price work

- Acceptability of rates of progress on the work

- Interpretation of plans and specifications

- Determination as to the existence of changed or differing site conditions

- Fulfillment of the contract by the Contractor

- Payments under the contract including equitable adjustment

- Suspension(s) of work

- Termination of the contract for default or public convenience

- Determination as to unworkable days

- Approval of working drawings

The Project Engineer represents the City Engineer and/or Owner on the project, with full authority to enforce contract requirements and carry out the Engineer's orders. If the Contractor fails to respond promptly to the requirements of the contract or orders from the Engineer:

-The Project Engineer may use City resources, other contractors, or other means to accomplish the work, and

-The City will not be obligated to pay the Contractor, and will deduct from the Contractor's payments any costs that result when any other means are used to carry out the contract requirements or Engineer's orders.

At the Contractor's risk, the project Engineer may suspend all or part of the work if:

-The Contractor fails to fulfill contract terms, to carry out the Engineer's orders, or to correct unsafe conditions of any nature.

-The weather or other conditions are unsuitable.

-It is in the public interest.

Nothing is these Specifications or in the contract requires the Engineer and/or Owner to provide the Contractor with direction or advice on how to do the work. If the Engineer approves or recommends any method or manner for doing the work or producing materials, the approval or recommendation shall not:

-Guarantee that following the method or manner will result in compliance with the contract.

-Relieve the Contractor of any risks or obligations under the contract.

-Create any Owner liability.

AUTHORITY OF INSPECTORS

The Engineer may appoint inspectors to assist in determining that the work and materials meet the contract requirements. Inspectors have the authority to reject defective material and suspend work that is being done improperly, subject to the final decision of the Project Engineer or, when appropriate, the Engineer.

Inspectors are not authorized to accept work, to accept materials, to issue instructions, or to give advice that is contrary to the contract. Work done or material furnished which does not meet the contract requirements shall be at the Contractor's risk and shall not be a basis for a claim even if the inspectors purport to change the contract.

Inspectors may advise the Contractor of any faulty work or materials or infringements of the terms of the contract; however, failure of the Project Engineer or inspectors to advise the Contractor does not constitute acceptance or approval.

PLANS AND WORKING DRAWINGS

The Contract Documents include Plans that show details necessary to give a comprehensive understanding of the work. Any proposed alterations by the Contractor affecting the requirements and information in the contract plans shall be in writing and will require approval of the Engineer.

To detail and illustrate the work, the Engineer may furnish to the Contractor additional plans and explanations consistent with the original plans. The Contractor shall perform the work according to these additional plans and explanations.

The Contractor shall submit supplemental working drawings as required for the performance of the work. The Contractor shall submit to the Engineer for approval three (3) copies of all working drawings prepared by the Contractor, and/or material supplier or manufacturer's technical literature, when necessary or as required by the Contract Documents, to detail and illustrate portions of the work. Working drawings shall be reviewed by the Engineer before any work pursuant to those working drawings is performed. Working drawings may include, but not be limited to: shop details, erection plans, masonry lay-out diagrams, reinforcing steel and bending diagrams, post tensioning plans, shoring, cribbing, cofferdam, or falsework plans or form work plans.

These drawings shall be complete and shall contain all required detailed information including design calculations and criteria where appropriate. The drawings shall be provided far enough in advance of actual need to allow for the review process by the City. This may involve resubmittals because of revisions or rejections. The Engineer will require up to 30 thirty calendar days from the date the submittals or resubmittals are received until they are sent to the Contractor. This time will increase if the drawings submitted do not meet the contract requirements or contain insufficient details.

Two (2) copies of all working drawings shall be retained by the Engineer and one (1) set shall be returned to the Contractor. The Contractor shall make any corrections required by the Engineer, prior to ordering materials or commencing the work covered by the working drawings, unless the required corrections are for record purposes only. The Contractor shall maintain this drawing set in good condition on the job site and shall record all deviations in horizontal and vertical locations from the contract drawings, as well as any changes in equipment or material specified. When the work is complete, the Contractor shall submit the marked-up set of as-built contract drawings to the Engineer.

The Contractor shall obtain the Engineer's written approval of the drawings before proceeding with the work they represent. This approval shall neither confer upon the Owner nor relieve the Contractor of any responsibility for the accuracy of the drawings of their conformity with the contract. The Contractor shall bear all risk and all costs of any work delays caused by nonapproval of these drawings or plans.

The Contractor shall maintain this drawing set in good condition on the job site and shall record all deviations in horizontal and vertical locations from the contract drawings, as well as any changes in equipment or materials specified. When the substantial completion punchlist items are submitted, the Contractor shall also submit the marked-up set of as-built contract drawings to the Engineer.

IDENTIFICATION OF CORRESPONDENCE, DRAWINGS, DATA AND MATERIALS

All correspondence, drawings, data and materials packing slips or other items associated with this Contract shall be identified by the words "City of Bainbridge Island, * " followed by more specific terms defining the items or subject involved.

SURVEYING

The work includes construction surveying and staking essential for the completion of the project and necessary calculations required to accomplish the work.

In addition to complying with pertinent codes, regulations and all applicable RCW's and WAC's, staking and surveying computations and calculations shall be accomplished in accordance with standard surveying practices.

Where provisions of pertinent codes and standards conflict with this specification, the more stringent provisions shall control.

The Contractor shall use competent personnel and suitable equipment for the layout work required, and shall furnish stakes, templates, straight edges, and other devices necessary for checking and maintaining points, lines and grades.

Upon the Engineer's request, the Contractor shall provide evidence, (in a form and content acceptable to the Engineer), that the individual who is proposed to perform the construction staking has a minimum of three years' experience in similar construction staking work, is knowledgeable in the operation of required surveying instruments, and is capable of reading, understanding and accomplishing the construction survey work described herein.

Surveying work requiring the setting of monuments, property corners and permanent survey monumentation shall be accomplished under the direct control and supervision of a registered licensed land surveyor with the State of Washington.

Field notes shall be kept in standard bound notebooks in a clear, orderly and neat manner consistent with standard surveying practice. The field books shall be available for inspection by the Engineer at any time. Hard copy printouts of all electronic field notes shall be provided in a permanent, legible format dated and signed by the surveyor.

Field books shall become the Owner's property and shall be delivered to the Owner prior to final acceptance of the work.

The Contractor shall supervise the construction surveying personnel, and any errors resulting from the surveying operations shall be corrected by the Contractor, at no additional cost to the Owner.

Positions of property corners or survey monumentation within or abutting the project shall be preserved by the Contractor at all times. Property corners or survey monumentation within or abutting the projectarea that are destroyed or disturbed shall be replaced or reset by a current registered State of Washington land surveyor at the expense of the Contractor.

Field measurement of construction work necessary to determine quantities or verify proper installation shall be performed by the Contractor's survey crew under the direction of the Engineer.

Horizontal and vertical control will be provided by the Owner. Additional control, alignment, or grades necessary for construction shall be the responsibility of the Contractor. Alignment and grades shall be set in a manner that can be checked by the Engineer at his/her option.

Installed structures which exceed the following limits of variation shall be adjusted immediately. No further structures shall be installed until inaccurate installations have been corrected.

The sewer line shall be installed within 0.5 feet horizontally on tangent and 2 foot horizontally on curves of the location shown on the project plans.

Monuments and property corners disturbed by the work shall be reset to within 0.01 foot horizontally of the true position.

Buildings and structures shall be installed within 0.1 feet horizontally and vertically. All other construction shall be installed within limits designated by the Engineer.

All costs for survey work required to be performed by the Contractor shall be included in the unit bid prices for the various items which comprise the improvement.

INSPECTION OF WORK AND MATERIALS

The Engineer may inspect all work and materials for conformity with contract terms. To ensure the Engineer's safety and access during these inspections, the Contractor shall provide any equipment needed, such as walkways, railings, ladders, and platforms.

Soil and asphalt concrete testing will be completed and paid for by the Contractor. The Contractor shall provide necessary assistance such as excavating where directed for compaction tests. Copies of test results will be distributed to the Contractor.

Costs for retesting soils, asphalt concrete or concrete due to failure of the initial test to meet specification requirements shall be borne by the Contractor.

When the Engineer requests, the Contractor shall (without charge) provide samples of materials used or to be used in the work. The Engineer may order the contractor to remove and replace, and bear the cost of doing so, any materials used without inspection.

Any inspections, tests, measurements, or other actions by City employees serve only one purpose: to assure the Engineer that work, materials, progress rate, and quantities comply with contract terms. Such work by City employees shall not relieve the Contractor from doing any contract assigned work or from determining whether contract requirements are being met. The Contractor shall correct any substandard work or materials. The Engineer will reject unsuitable work or materials even though inspected or paid for in a progress estimate.

The Contractor is responsible for fully testing, starting, adjusting, balancing and running equipment and systems installed under the Contract prior to final acceptance. During and following the test period, the Contractor shall correct all items of workmanship, materials, or equipment that are faulty or that are not in first class operating condition.

If the Engineer requests, the Contractor shall remove or uncover any area of the completed work. After the Engineer inspects it, the Contractor shall restore the area to the standard the Contract requires. The Contractor shall bear the costs of uncovering, removing, and restoring the exposed work: (a) if it proves unacceptable, or (b) if it was placed without authority or without due notice to the Engineer. The Owner will pay these costs by agreed price or by force account if the work proves to be acceptable and the Contractor had performed the original work with the authority of and due notice to the Engineer.

The Contractor, if advised to do so by the Engineer, shall permit representatives from other agencies to inspect the work when it is to be done to the satisfaction of any federal or state agency.

In any crushing or screening operation, the Contractor shall provide and install a mechanical sampler that:

-Is automatic or semiautomatic

-Can safely and easily obtain representative samples of the materials being produced.

-Can convey the samples to ground level in Contracting Agency provided sacks.

-Moves at an even rate through the full width of the materials stream falling from the discharge end of the belt, gate or chute.

-Is power driven during the material intercept cycle.

-Can be adjusted to take samples of about 100 pounds as often as the engineer requires.

No material from the crushing or screen operation will be accepted until after the Engineer has approved the design and operation of the sampling equipment. The Contractor shall bear all costs of providing the sampling equipment, the power to operate it, and the space for its use.

DEFECTIVE AND UNAUTHORIZED WORK

The City will not pay for unauthorized or defective work. Unauthorized or defective work includes: work and materials that do not conform to contract requirements; work done beyond the lines and grades set by the plans or the Engineer; and extra work and materials furnished without the Engineer's written approval. At the Engineer's order, the Contractor shall immediately remedy, remove, replace, or dispose of unauthorized or defective work or materials and bear all costs of doing do.

CUTTING AND PATCHING

The Contractor shall arrange and pay for all cutting and patching required for the work. All trenching shall be done in accordance with Standard Specifications - Trench Excavation, Section 7-10. Contractor shall provide adequate safety systems that meet the requirements of the Washington Industrial Safety and Health Act Chapter 49.17 RCW, for any trench excavating that exceeds a depth of four (4) feet. Damage to structures, finish, or other trades work will be repaired at the expense of the Contractor doing the damage.

EQUIPMENT

At the Engineer's request, the Contractor shall provide an operating and maintenance manual for each model or type of mixing, placing, or processing equipment before using it in the work. The Contractor shall also provide test instruments to confirm whether the equipment meets operating requirements, such as vibration rate, revolutions per-minute, or any other requirements.

The contract may require atomically controlled equipment for some operations. If the automatic controls on such equipment fails, the Contractor may operate the equipment manually for the remainder of that normal working day, provided the method of operation produces results otherwise meeting the specifications. Continued operation of the equipment manually beyond this working day will be permitted only by specific authorization of the Engineer.

The Engineer will reject equipment that repeatedly breaks down or fails to produce results with the required tolerances. The Contractor shall have no claim for additional payment or for extension of time due to rejection and replacement of any equipment.

GUARANTEES

Neither the final certificates of payment nor any provisions in the contract nor use of the improvement by the owner shall constitute an acceptance of work not done in accordance with the contract nor relieve the Contractor of liability in respect to any express warranties or responsibility for faulty workmanship. The Contractor shall remedy any defects resulting from defective materials or faulty workmanship which shall appear within a period of one (1) year from the final acceptance of the work. The Owner will give a written notice of observed defect(s) with reasonable promptness. The Contractor shall complete and submit the Guarantee Form included within these specifications.

The Contractor shall furnish to the City any guarantee or warranty furnished as a normal trade practice in connection with the purchase of any equipment, materials, or items used in the construction of the project.

Guarantee period of one year is irrespective of shorter additional guarantee periods supplied by manufacturers of equipment and/or material furnished by the Contractor.

The Contractor shall instruct the Owner or its authorized representative in the operation and maintenance of all equipment installed under this Contact.

FINAL INSPECTION

The Engineer will not make final inspection until the physical work required by the contract, including final cleanup and all extra work ordered by the Engineer, has been completed to his/her satisfaction. See also Measurement and Payment Section.

FINAL ACCEPTANCE

Before final acceptance can occur, the Contractor must:

Failure of the Contractor to perform all the obligations under the contract shall not bar the Owner from unilaterally accepting the contract as provided in the Measurement and Payment Section. Progress estimates or payments shall not be construed as acceptance of any work under the contract.

The Contractor agrees that neither completion nor final acceptance shall relieve the Contractor of the responsibility to indemnity, defend, and protect the Owner against any claim or loss resulting from the failure of the Contractor (or the subcontractors or lower tier subcontractors) to pay all laborers, mechanics,subcontractors, material persons, or any other person who provides labor, supplies, or provisions for carrying out the work.

Final acceptance shall not constitute acceptance of any unauthorized or defective work or material. The City shall not be barred from requiring the Contractor to remove, replace, repair, or dispose of any unauthorized or defective work or material or from recovering damages for any such work or material. See also Measurement and Payment Section.

SUPERINTENDENTS, LABOR, AND EQUIPMENT OF CONTRACTOR

At all times, the Contractor shall keep at the work site a set of the plans, specifications, special provisions, and addenda. The Contractor shall devote the attention required to make reasonable progress on the work and shall cooperate fully with the Engineer and Inspectors.

Either the Contractor in person or an authorized representative shall remain on site whenever the work is underway. Before the works begins, the Contractor shall name in writing an experienced superintendent who understands the contract and is able to supervise the work. This superintendent shall have full authority to represent and act for the Contractor. Any superintendent who repeatedly fails to follow the Engineer's written or oral orders, directions, instructions, or determinations, shall be subject to removal from the project. Upon the written request of the Engineer, the Contractor shall immediately remove such superintendent and name a replacement in writing.

Competent supervisors experienced in the task being performed shall continuously oversee the contract work. At the Engineer's written request, the contractor shall immediately remove and replace any incompetent, careless, or negligent employee.

Noncompliance with the Engineer's request to remove and replace personnel at any level shall be grounds for terminating the contract under the terms of Section Prosecution and Payment - Termination of Contract.

The Contractor shall keep all machinery and equipment in good, workable condition. It shall be adequate for its purpose and used by competent operators.

COOPERATION WITH OTHER CONTRACTORS

Nothing in the contract shall be interpreted as granting to the Contractor exclusive occupancy of the project area. The Contractor must ascertain to its own satisfaction the scope of the project and the nature of any other contracts that have been or may be awarded by the Owner or others that may impact the Contractor's operations.

The Contractor shall coordinate its work with utility companies which may have facilities in the project area and cooperate with them.

It is anticipated that the sequence of work may require grading and other operations to be worked around existing utilities and the installation of new utilities. It shall be the Contractor's responsibility to coordinate the performance of its work and the installation of underground conduit cable, and pipe including junction structures, valves, poles, and miscellaneous appurtenances by the utility companies.

The Contractor shall cooperate with the utility companies and/or their subcontractor and so conduct its operations that the necessary construction of their facilities can be accomplished to the mutual satisfaction of City of Bainbridge Island and the utility companies.

CONTROL OF MATERIAL

SOURCE OF SUPPLY AND QUALITY OF MATERIAL

Promptly after receiving the contract award, the Contractor shall notify the Engineer of all proposed materials sources, including any steel or other fabricators. These sources shall be approved by the Engineer before delivery begins. If approved sources are unable to provide acceptable or uniform products, the Contractor shall locate other sources and obtain approval from them.

All equipment, materials, and articles incorporated into the permanent work shall be:

-New, unless the Special Provisions permit otherwise.

-Meet the requirements of the Contract and be approved by the Engineer.

-Be inspected or tested at any time during their preparation and use.

-Not be used in the work if they become unfit after being previously approved.

SAMPLES AND TESTS FOR ACCEPTANCE

The Contractor shall deliver representative samples (from the Contractor, Producer, or Fabricator) to the Engineer without charge before incorporating material into the work. In providing samples, the Contractor shall provide the Engineer with sufficient time and quantities for testing before use. The Engineer may require samples at any time. Samples not taken by or in the presence of the Engineer will not be accepted for test, unless the Engineer permits otherwise.

The Contractor shall be responsible for obtaining all material and field tests required by the Standard Specifications including but not limited to:

1. Compaction tests for:

a. Subgrade

b. Crushed Surfacing Base Course

c. Asphalt Concrete Pavement and Approach, C1.B

d. Backfill for watermain, etc.

2, Pressure Testing for watermains.

Cost to perform the testing will be included in the unit bid prices for the various items of work and no further payment will be made.

The Contractor shall designate specific Contractor employees as points of contact for concrete testing and acceptance. Alternates shall be designated to ensure that direct contact is maintained during concrete placement.

MANUFACTURER'S CERTIFICATE OF COMPLIANCE

The Engineer may accept certain materials on the basis of a Manufacturer's Certificate of Compliance as an alternativ