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 alternative to material inspection and testing. When a Manufacturer's Certificate of Compliance is authorized by these Specifications or the Special Provisions, the certification shall be furnished prior to use of the material.

The Manufacturer's Certificate of Compliance must identify the manufacturer, the type and quantity of material being certified, the applicable specifications being affirmed, and the signature of a responsiblecorporate official of the manufacturer and include supporting mill tests or documents. A Manufacturer's Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.

All materials used on the basis of a Manufacturer's Certificate of Compliance may be sampled and tested at any time. Any material not conforming to the requirements will be subject to rejection whether in place or not. The City reserves the right to refuse to accept materials on the basis of a Manufacturer's Certificate of Compliance.

HANDLING AND STORING MATERIALS

In storage and handling, the Contractor shall protect materials against damage from careless handling, from exposure to weather, from mixture with foreign matter, and from all other causes. The Engineer will reject and refuse to test materials improperly handled or stored. Materials shall not be delivered to job until ready for installation. Extreme care shall be taken to protect materials from damage before final acceptance. Where called for in specific sections of the Contract Documents, materials shall be delivered to the job in original unopened packages with manufacturers original labels on.

CHEMICAL HAZARD COMMUNICATION

Before commencing work on this project, the Contractor shall provide to the City the following information:

-A list of the hazardous chemicals to which the Contractor's employees and City staff may be exposed to while on the job site, and

-The precautions that the Contractor(s) and City employees may take to lessen the possibility of exposure by usage of appropriate protective measures.

LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC

LAWS TO BE OBSERVED

All work shall be done in strict accordance with all applicable Federal, State and local statutes, ordinances and regulations.

The Contractor shall be responsible for the safety of his/her workers and shall comply with safety and health standards such as Safety Standards for Construction Work (Chapter 296 - 155 WAC), General Safety and Health Standards (Chapter 296 - 24 WAC), General Occupational Health Standard (Chapter 296 - 62 WAC), and any other appropriate safety and heath codes.

The Contractor shall be solely and completely responsible for the conditions of the project site, including safety of all persons and property in performance of the work. This requirement shall apply continuously and not be limited to normal working hours.

In cases of conflict between different safety regulations, the more stringent regulation shall apply.

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).

The Owner will claim exemption from the retail sales tax authorized by State law and the Contractor should determine which activities are subject to tax in order to properly evaluate the work. The Owner will furnish such information as it is available regarding the application of sales tax, but in no event shall the furnishing of such information constitute a representation or warranty and the Contractor shall be responsible for the correct interpretation of any laws or regulations relating to the application of the State sales tax.

The City will pay the retained percentage only if the Contractor has obtained from the State Department of Revenue a certificate showing that all contract related taxes have been paid (RCW 60.28.050). The City may deduct from its payments to the Contractor any amount the Contractor may owe the State Department of Revenue, whether the amount owned relates to this contract or not. Any amount so deducted will be paid into the proper State fund.

SANITATION

The Contractor shall provide and maintain in a clean, neat and sanitary condition any accommodations for the Contractor and Owner employees that are necessary to comply with the requirements and regulations of the State Department of Health and other agencies. The Contractor shall commit no public nuisance, keep all sites clean, dispose of all refuse in a legal manner and leave the premises in a neat and sanitary condition.

WILDLIFE, FISHERIES, AND ECOLOGY REGULATIONS

If applicable, throughout the work, the Contractor shall comply with all current rules of the State Departments of Wildlife, Fisheries, and Ecology. Some, though not all, of these rules are summarized below:

-Not degrade water in a way that would harm fish.

-Release any fish stranded by the project into a flowing stream or open water.

-Replant any stream bank or shoreline area if the project disturbs vegetative cover. Replanted trees, brush, or grasses shall resemble the type and density of surrounding growth, unless the Special Provisions permit otherwise.

-Leave, when the work is complete, an open-water channel at the lowest level of any isolated pothole to connect it with the main body of water.

-Prevent any fish threatening silt buildup on the bed or bottom of any body of water.

-Never block stream flow or fish passage.

-Keep all equipment out of any flowing stream or other body of water, except as may be permitted by the Special Provisions.

-Never remove gravel or other bottom material from the high water flow channel bed of any stream or from the bottom of any other body of water, except as may be permitted by the Special Provisions.

-Dispose of any project debris by removal, burning, or placement above high water flows.

STATE DEPARTMENT OF ECOLOGY

If applicable, the Contractor will:

-Get a waste discharge permit from the Ecology Department before: (1) washing aggregate, and (2) discharging water from pit sites or excavations into a ground or surface waterway when the water contains turbidity, silt, or foreign materials.

-Give the Project Engineer a copy of each waste discharge permit before the work begins.

-Control drainage and erosion to reduce waterway pollution.

-Dispose of, in ways that will prevent their entry into waters, all: (1) toxicants (including creosote, oil, cement, concrete, and equipment wash water) and (2) debris, overburden, and other waste materials.

-Notify the Ecology Department immediately should oil, chemicals, or sewage spill into waters.

AIR QUALITY

The Contractor shall comply will all rules of local air pollution authorities. If there are none, air-quality rules of the State Department of Ecology shall govern the work.

The Washington Clean Air Act requires that rock crushing, rock drilling, asphalt batch plants, and concrete plants receive an air quality permit in advance of the operation. The air quality permit process may include additional State Environment Policy Act (SEPA) requirements. Contractors or operators should contact the appropriate air pollution control authority well in advance of intended start-up. The permit process may require up to 30 days.

-The Contractor shall be responsible for preventing dust, erosion, or pollution in general.

-The Contractor shall comply with City standards and/or ordinances for drainage control, temporary erosion control, track-out and general surface water quality protection.

-The Contractor shall clean up debris and refuse caused during execution of the work.

-The Contractor shall restore all damaged areas to as near original condition as reasonably possible.

PERMITS AND LICENSES

Contractors shall obtain all required permits and licenses and give any notice requirements. Unless otherwise specified herein, permits and licenses from governmental agencies which are necessary only for and during the prosecution of the work and the subsequent guarantee period shall be secured and paid for by the Contractor. Permits and licenses of regulatory agencies which are necessary to be maintained after completion of the guarantee period shall be secured and paid for by the Owner.

All contractors working in the City of Bainbridge Island shall obtain a City of Bainbridge Island business license prior to starting the work.

LOAD LIMITS

While moving equipment or materials on any public right-of-way, the Contractor shall comply with all laws that control traffic or limit loads.

When the Contractor moves equipment or materials within the project boundaries, legal load limits shall apply on:

-Any road open to and in use by public traffic.

-Any existing road not scheduled for major reconstruction under the current contract.

-Any newly paved road (with final lift in place) built under this contract.

-The Contractor shall pay all repair costs of any overload damage.

WAGE RATES

The Contractor, any subcontractor, and all individuals or firms employed in the performance of any part of this contract shall be paid not less than the "prevailing rate of wage", in accordance with the provisions of Chapter 39.12 RCW, as determined by the Industrial Statistician of the Department of Labor and Industries. The schedule of the prevailing wage rates for the locality or localities where this contract will be performed is by reference made a part of this contract as though fully set forth therein.

Current prevailing wage data will be furnished by the Industrial Statistician upon request. Please mail the request to:

Department of Labor and Industries

Prevailing Wage Rate Section

P.O. Box 44540

Olympia, Wa. 98504

(Telephone: 360-902-5334)

If wage determination decisions of the Washington State Department of Labor and Industries, which is attached hereto and made a part hereof, has been superseded by any subsequent wage determination decision(s) published up to and including ten (10) days prior to bid opening, the most recent applicable wage decision shall be incorporated by reference, and the successful bidder agrees to be bound by it, regardless of what is contained in the specifications.

Before any payment is made by the Owner of any sums due under this contract, the Owner requests from the Contractor and any subcontractor a copy of the "Statement of Intent to Pay Prevailing Wages" approved by the Washington State Department of Labor and Industries. Also following the acceptance of the project, the Owner must receive from the Contractor and each subcontractor a copy of the "Affidavit of Wages Paid" and in addition, from the Contractor, a copy of "Release for the Protection of Property Owners and General Contractor," all approved by the State Department of Labor and Industries. The Contractor and each subcontractor shall pay all fees associated with and make all applications directly to the Department of Labor and Industries. Forms may be obtained from the Department of Labor and Industries. These affidavits shall be required before any retained funds, according to the provisions of RCW 60.28.010, are released to the Contractor. Payment by the Contractor or subcontractor of any fees shall be considered incidental to the construction and all costs shall be included in other pay items of the project.

Should the Contractor elect to work more than 8 hours per day, or more than 5 days per week, or on holidays, during the course of the stated contract time limit, all incremental costs of engineering and inspection thus entailed will be charged to the Contractor. Such charges will be billed directly to the Contractor by the Owner and said costs shall be a lien against the Contractor's work.

EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES

The Contractor shall comply with the requirement set forth in Section 7-07.11 of the Standard Specifications - 1994 Standard Specifications for Road, Bridge, and Municipal Construction.

CONTRACTOR'S RESPONSIBILITY FOR WORK

All work and material for the contract, including any change order work, shall be at the sole risk of the Contractor until the entire improvement has been completed as determined by the Engineer except as provided in Section 1-07-13(1) of the 1994 Standard Specifications for Road, Bridge, and Municipal Construction.

RESPONSIBILITY FOR DAMAGE

The Contractor shall bear sole responsibility for damage to completed portions of the project and to property located off the project caused by erosion, siltation, run-off, or other related items during the construction of the project. The Contractor shall also bear sole responsibility for any pollution of rivers, streams, ground water, or other waters which may occur as a result of construction operations.

The Contractor shall exercise all necessary precautions throughout the life of the project to prevent pollution, erosion, siltation and damage to property.

When working within the public right-of-way, the Contractor shall be responsible for obtaining a right-of-way permit, adhering to the conditions of the permit, paying the permit fee and providing a surety bond in the amount of 125% of the right-of-way portion of the project. Certain City projects may be exempt from right-of-way permit conditions.

TEMPORARY WATER POLLUTION/EROSION CONTROL

This work consists of temporary measures proposed by the Contractor and approved by the Engineer as work proceeds. This work is intended to prevent, control, and stop water pollution or erosion within the project, thereby protecting the work, nearby land, streams, and other bodies of water.

PRIVATE/PUBLIC PROPERTY

The Contractor shall protect private or public property on or in the vicinity of the work site. The Contractor shall ensure that it is not removed, damaged, destroyed, or prevented from being used unless the contract so specifies.

Should damage occur, the Contractor shall promptly repair the damage at Contractor's expense to as near original condition as reasonably possible and to the satisfaction of the City and/or owner of the facilities or structures.

Property includes land, utilities, trees, landscaping, improvements legally on the right-of-way, markers, monuments, buildings, structures, pipe, conduit, sewer or water lines, signs, and other property of all description whether shown on the plans or not.

The Contractor's work shall be confined to the Owner's premises, including easements and construction permit limits, whenever possible. The Contractor shall not enter upon or place materials on other privatepremises except by written consent of the individual owner, and he/she shall save the Owner harmless from all suits and actions of every kind and description that might result from the use of private property.

It shall be the responsibility of the Contractor to preserve all trees except those which must be removed to construct improvements or those specifically designated for removal unless otherwise directed by the Engineer.

UTILITIES AND SIMILAR FACILITIES

The Contractor shall provide all required temporary utilities, including costs of operation, necessary for the performance of the work.

Water Supply - The Contractor shall make its own arrangements for obtaining water required during construction. The Contractor shall pay all costs for water used and provide all necessary temporary

piping and hoses.

Electrical Power - The Contractor shall make arrangements for temporary extension and metering with the applicable utility and pay all costs for the temporary extension and use of power.

Communications - The Contractor shall arrange and pay for all communications required.

Sanitation - The Contractor shall provide temporary sanitation facilities as required.

An attempt has been made to show all known utilities on the contract drawings; however, underground utilities may exist which were not discovered. Such information is not guaranteed but is made available to the Contractor for whatever value it may have. Incompleteness or error in this information shall not relieve the Contractor of responsibility for repairing any damage Contractor may cause to these utilities at Contractor's sole cost and expense. Should such unknown utilities be damaged in the course of the Contractor's work, the Contractor shall promptly perform the necessary repairs to the satisfaction of the City. Section 1-07.17 of the Standard Specifications is supplemented by the following: Locations and dimensions shown in the plans for existing facilities are in accordance with available information obtained without uncovering, measuring, or verifying. The Contractor shall call the Utility Location Request Center (One Call Center) 1-800-424-5555 for field locations, not less than 2 and not more than 10 business days before the scheduled date for commencement of excavation which may affect underground utilities facilities, unless otherwise agreed upon by the parties involved. A business day is defined as any day other than Saturday, Sunday or a legal, local, State or Federal holiday. The telephone number for the One Call Center for this project may be obtained from the Engineer. If no one-number locator service is available, notice shall be provided individually to those owners known to or suspected of having underground facilities within the area of proposed excavation. The Contractor is alerted to the existence of Chapter 19.122 RCW, a law relating to underground utilities. Any cost to the Contractor incurred as a result of this law shall be at the Contractor's expense and the City shall, in no manner, be liable to the Contractor for increased costs relating to unknown utilities or utilities which have been improperly located or identified by third parties other than the City or Engineer. Pursuant to RCW 19.122, the risk of loss for such a differing site condition shall be allocated to the Contractor.

UNEMPLOYMENT AND LABOR AND INDUSTRIES INSURANCE

Contractor shall make all payments required for unemployment compensation under Title 50 RCW and for industrial insurance and medical aid required under Title 51 RCW. The Contractor shall also obey all State and local statutes, ordinances and regulations establishing safety standards for the protection of employees.

If any payment required by Title 50 or Title 51 RCW is not made when due, the Owner may retain such payments from any money due the Contractor and pay the same into the appropriate fund.

The Public Works Contract Division of the Department of Labor and Industries will provide the Contractor with applicable industrial insurance and medical aid classification and premium rates. The "Request for Release" form of the Department of Labor and Industries (Standard Specifications, Section 1-07.9) is also for the purpose of obtaining a release with respect to the payments of industrial insurance with medical aid premiums.

(Nothing in this paragraph creates a duty on the part of the Owner to detect the Contractor's failure to pay payments to the Department of Labor and Industries, nor to retain sums due to Labor and Industries from the Contractor, nor to make such payments to the Department of Labor and Industries on the Contractor's behalf.)

PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE

BIDDER'S ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW:

BIDDERS SHOULD CONFER WITH THEIR RESPECTIVE INSURANCE CARRIERS OR BROKERS TO DETERMINE IN ADVANCE OF BID SUBMISSION THE AVAILABILITY OF INSURANCE CERTIFICATES AND ENDORSEMENTS AS PRESCRIBED AND PROVIDED HEREIN. IF AN APPARENT LOW BIDDER FAILS TO COMPLY STRICTLY WITH THE INSURANCE REQUIREMENTS, THAT BIDDER MAY BE DISQUALIFIED FROM AWARD OF THE CONTRACT.

Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons and damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be the Contractor's sole responsibility.

Failure of the Contractor to comply fully with all of the requirements set forth in the Contract Documents regarding insurance will be considered a material breach of Contract and shall be cause for immediate termination of the agreement at the option of the Owner.

Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. The Contractor shall not allow any subcontractors to begin work on a subcontract until all similar insurance required of the subcontractor has been obtained and approved. The insurance shall provide coverage to the Contractor and any subcontractor performing work provided by this Contract. The coverage so provided shall protect against claims for personal injuries, including accidental death, as well as claims for property damages that may arise from any act or omission of the Contractor or subcontractor or by anyone directly or indirectly employed by either of them.

MINIMUM SCOPE OF INSURANCE:

Insurance shall provide the minimum set forth below:

Standard:

(a) Extended Bodily Injury

(b) Employees as Additional Insured

(c) Premises/Operations Liability (M&C)

(d) Owner and Contractor's Protective Liability

(e) Products and Completed Operations Liability

(f) Blanket Contractual Liability

(g) Broad Form Property Damage Liability

(h) Personal Injury, including coverage A, B, C, with no employee exclusion

(i) Stop Gap or Employees Contingent Liability

(j) Automobile Liability, including coverage for owned, unowned, leased or hired vehicles

MINIMUM LIMITS OF INSURANCE

Contractor shall maintain limits no less than:

$1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage and $2,000,000 aggregate.

$1,000,000 combined single limit per accident for bodily injury and property damage.

Limits as required by the State of Washington.

Provision of coverage in these stated amounts shall not be construed to relieve the Contractor from liability in excess of such limits.

DEDUCTIBLES AND SELF-INSURED RETENTIONS:

Any deductibles or self-insured retentions are the responsibility of the Contractor.

OTHER INSURANCE PROVISIONS

The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

-The Owner, its officers, officials, employees, volunteers, City and Consultant are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; and automobiles owned, leased, hired or borrowed by the Contractor. A copy of the endorsement naming the City and the Consultant as additional insureds must be attached to the Certificate of Insurance.

-The Contractor's insurance coverage shall be primary insurance.

-The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

-Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Owner.

ACCEPTABILITY OF INSURERS:

Insurance shall be placed with insurers with a Best's rating of no less than A:VII.

VERIFICATION OF COVERAGE

Contractor shall furnish the Owner with certificates of insurance and copies of original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates, letters and endorsements shall be received and approved by the Owner before work commences. The Owner reserves the right to require complete, certified copies of all required insurance policies, at any time.

The Owner shall not pay progress estimate payments until the Contractor has fully complied with this section. This remedy is not exclusive and the Owner may take such other action as is available to it under other provisions of this Contract or otherwise in law. Coverage in the minimum amount set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage.

PROPERTY INSURANCE - (For Structures)

If applicable, the Contractor shall purchase and at all times maintain such insurance as will protect the Contractor, subcontractors and sub-subcontractors, Owner and the Owner's employees and agents from loss or damage to work or property in course of construction, including all machinery, materials, and supplies on the premises or in transit thereto, and intended to become a part of the finished work, including materials stored off-site, until acceptance by the Owner. This insurance shall be in the form of a Builder's Risk all risk property insurance policy or equivalent and shall provide coverage for full replacement cost. Contractor shall cause such policy or policies of insurance required under this subparagraph to be endorsed so as to provide that the insurance shall not exceed $10,000 and shall be the sole responsibility of the Contractor.

Any loss insured under the above paragraph is to be adjusted with the Owner and made payable to the Owner as trustee for insured, as their interest may appear, subject to the requirements of any applicable mortgagee clause. The Contractor shall pay each subcontractor a just share of any insurance moneys received by the Contractor, and by appropriate agreement, written where legally required for validity, shall require each subcontractor to make payments to it's sub-subcontractors in similar manner.

The Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this paragraph or any other property insurance applicable to the work, except such rights as they may have to the proceeds of such insurance held by the Owner as trustee. The Contractor shall require, by appropriate agreement, written where legally required for validity, similar waiver in favor of the Owner and the Contractor by subcontractors and sub-subcontractors. With respect to the waiver rights or recovery, the term Owner shall be deemed to include, to the extent covered by property insurance applicable thereto, it's consultants, employees and agents, and representative including the architect and it's consultants and employees and agents. The Contractor waives as against any separate Contractor described in Article 6 all rights for damages caused by fire or other perils in the same manner as is provided above as against the Owner. The Owner shall require, by appropriate agreement, written where legally required for validity, similar waiver in favor of the Contractor and it's subcontractors and sub-subcontractors.

The Owner as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five (5) days after the occurrence of loss to the Owner's exercise of this power, and if such objection is made, the matter shall be decided by a court of competent jurisdiction or as the parties in interest otherwise agree. The Owner as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such court or arbitrators. If distribution of the insurance proceeds by arbitration is required, the arbitrators will direct such distribution.

If the Owner finds it necessary to occupy or use a portion or portions of the work prior to substantial completion thereof, such occupancy shall not commence prior to a time mutually agreed to by the Owner and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not be canceled or lapsed on account of such partial occupancy. Consent of the Contractor and to the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

In the event Contractor neglects, refuses, or fails to provide the insurance required under the contract documents, or if such insurance is canceled for any reason, the Owner shall have the right but not the duty to procure the same, and the cost shall be deducted from moneys then due or thereafter to become due to the Contractor.

TRAFFIC CONTROL

The Contractor shall conduct all operations with the least possible obstruction and inconvenience to the public. The Contractor shall have under construction no greater length or amount of work than can be prosecuted properly with due regards to the rights of the public. To the extent possible, the Contractor shall finish each section before beginning work on the next.

Private property, including landscaping and drainage shall not be affected. Any private property affected shall be repaired or replaced entirely at the Contractor's expense.

The Contractor shall provide, erect, and maintain necessary and approved traffic control and/or barricades, temporary fences and cones around construction, excavation and repair areas at all times to warn and protect vehicles and pedestrians of construction hazards as required by City ordinance. The maintenance of signs and routing of traffic will be the sole responsibility of the Contractor.

The Contractor and subcontractors will be required to submit traffic control plans to the City Engineer, Police and Fire departments prior to beginning any work. The traffic control plans must clearly indicate location of all signs, barricades, cones, flaggers etc., which are to be used during each construction phase.

In the event that the traffic control provided is deemed unsatisfactory by the City or a hazardous situation exists, the Police or Public Works departments may provide additional flaggers and signage. Any costs incurred by the City in providing these services will be deducted from the total contract amount. Should a dispute arise as to what constitutes a hazard, it shall be resolved by the Owner, who will make a final determination.

The Contractor shall maintain convenient access for local traffic to driveways, business, and buildings along the line of work. Pedestrian traffic must be allowed to the residences during all phases of construction. The Contractor shall notify all property owners and tenants of any restrictions which may interfere with their access. Notification shall be at least twenty-four (24) hours in advance.

Access to the Fire Station shall be maintained at all times. A minimum of 24 hours notice to the Fire Department and City must be given when the Contractor will be working within 100 feet of the Fire Station access. The Contractor shall coordinate with the City and all local agencies to insure that emergency equipment can reach business and residence's within the construction area.

FLAGGING, SIGNS, AND ALL OTHER TRAFFIC CONTROL DEVICES

The Contractor shall provide flaggers, signs, and other traffic control devices not otherwise specified as being furnished by the Owner. The Contractor shall erect and maintain all construction signs, warning signs, detour signs, and other traffic control devices necessary to warn and protect the public at all times from injury or damage as a result of the Contractor's operations. Traffic control signs shall be fully reflectorized. No work shall be done on or adjacent to the roadway until all necessary signs and traffic control devices are in place. Failure to provide proper barricading, especially before leaving the job site each day, will be cause for the Owner to order installation of property barricades and charge the Contractor for all costs incurred.

Traffic control devices shall conform to WSDOT standards and the Manual of Uniform Traffic control devices (MUTCD).

The Contractor shall be liable for injuries and damages to persons and property suffered by reason of the contractor's operations or any negligence in connection therewith.

All costs and expenses in connection with handling and protecting traffic and maintenance materials, shall be considered incidental to the work involved and shall be included in the contract price for the various items of the project.

RIGHTS-OF-WAY

All construction shall be on City of Bainbridge Island property, right of way and/or City obtained construction easements. In all areas the restoration shall be to the satisfaction of the Engineer.

Violations of the property boundaries are strictly prohibited, and any damage claims resulting from such violations shall be the sole responsibility of the Contractor.

PROSECUTION AND PROGRESS

PRELIMINARY MATTERS

Prior to undertaking each part of the work, the Contractor shall study and compare carefully the Contract Documents and check and verify pertinent figures shown therein and all applicable field measurements. The Contractor shall promptly report in writing to the Engineer any conflict, error or discrepancy which the Contractor may discover.

PRE-CONSTRUCTION MEETING

After the Contract has been executed, but prior to the Contractor beginning the work, a preconstruction conference shall be held between the Contractor, Consultant, Engineer and such other interested parties as may be invited. The purpose of the preconstruction conference shall be:

SUBCONTRACTING

Work done by the Contractor's own organization shall account for at least thirty (30) percent of the total original cost of the contract. If the Engineer requests, the Contractor shall provide proof that the subcontractor has the experience, ability, and equipment the work requires. The Contractor shall require each subcontractor to comply with Section 1-07.9 of the 1994 Standard Specifications for Road, Bridge and Municipal Construction and to furnish all certificates and statements required by the contract. If dissatisfied with any part of the subcontracted work, the Engineer may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the contract.

PROGRESS SCHEDULE

The Contractor shall submit to the Engineer for approval, a progress schedule, in the form of a time bar, showing the order in which the Contractor proposes to carry out the work within the contract time and showing the starting and completion times for major phases of work and for the total project. The progress schedule shall be submitted prior to commencing work and no later than fourteen (14) calendar days after the date of the Notice of Award.

This schedule and any supplemental schedule shall show: (1) physical completion of all work within the specified contract time, (2) the proposed order of the work, and (3) projected starting and completion times for major phases of the work and for the total project. The schedule shall be developed by a critical path method. The Contractor shall provide sufficient material, equipment and labor to meet the completion times in this schedule.

The schedule shall show the time allowed for testing and other required procedures prior to the commencement of work.

Not later than the 5th day of each calendar month, the Contractor shall submit supplemental progress schedules with notes thereon indicating the percentage of work completed of the work, as of the last dayof the previous month. These schedules shall reflect any changes in the proposed order of the work and any construction delays or other conditions that may affect the progress of the work.

The original and all supplemental progress schedules shall not conflict with any time and order-of-work requirements in the Contract.

The Owner shall make no payment under this Contract until a progress schedule has been submitted for approval. If the Engineer deems that the original and any necessary supplemental progress schedule is not satisfactory, the Owner may withhold progress payments until a satisfactory schedule has been submitted by the Contractor and approved by the Engineer.

The Engineer's approval of any schedule shall not transfer any of the Contractor's responsibilities to the Owner. The Contractor alone shall remain responsible for adjusting forces, equipment and work schedules to ensure completion of the work within the time(s) specified in the Contract.

PROSECUTION OF THE WORK

The Contractor shall begin work within 10 calendar days from the Notice to Proceed date which will be issued after all required Contract Documents have been executed and a suitable contract bond and evidence of insurance are in place, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the contract. Voluntary shutdown or slowing of operations by the contractor shall not relieve the Contractor of the responsibility to complete the work within the time specified in the contract.

Water and/or sewer installations, if applicable, shall proceed without interruption of service to homeowners except during the interim period required to transfer from the old to the new service. A minimum of 48 hours notice of intent to shut off service shall be given to the Engineer.

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.

EXTENSION OF CONTRACT TIME

The Contractor shall submit any requests for time extensions to the Engineer in writing no later than ten (10) working days after the delay occurs. If a request, combined with previous extension request, equals twenty percent or more of the original contract time, the Contractor's letter of request must bear consent of Surety. The approval for time of extensions shall be determined by the Engineer and will be final as provided in Section Control of Work - Authority of Engineer.

LIQUIDATED DAMAGES

In the event of failure on the part of the Contractor to complete the work within the time fixed in the contract, plus any authorized extensions thereof, the City of Bainbridge Island reserves the right to assess against said Contractor as liquidated damages the sum of * for each calendar day of the caused delay in completion of the said project facilities ready for satisfactory use by the City. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire contract.

MEASUREMENT AND PAYMENT

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 price(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.

ITEMIZED SCHEDULE OF COSTS

The Contractor shall submit an itemized schedule of costs covering all items included under the Contract. This cost breakdown is to be provided in the form either approved or furnished by the Engineer. The sum of the items shall not exceed the total contract price. The itemized schedule of costs required must be submitted prior to the Contractor's first application for payment. No application for payment shall be approved prior to approval of the itemized schedule of costs.

PROGRESS PAYMENTS

No later than the first day of each calendar month, the Contractor shall submit a request for payment on forms furnished by the Engineer. Payment for the actual work done during the prior month will be made approximately thirty (30) days after submittal of the pay request except as may otherwise be provided pursuant to Chapter 39.76 RCW.

Each pay request received from the Contractor shall be dated and numbered and include the following:

All payments must have certification by the City Engineer, but certification is not to be construed as acceptance of work not done in accordance with the terms of the contract.

Material on Site - In preparing estimates, the material delivered on the site and preparatory work done will be taken into consideration upon receipt of invoices unless otherwise specified.

Status of Work Covered by Partial Payments - The making of any payment to the Contractor under this contract shall not relieve the Contractor of it's obligations herein. The Contractor is obligated to complete the contract in its entirety and to deliver to the City such completed work, finished product or structure as is specified in the contract. The Contractor shall be obligated to repair, replace, restore or rebuild any fully or partially completed work or structure, or any materials or equipment required to be provided under the contract which may be damaged, lost, stolen or otherwise injured in any way. All work and any structure, materials, and equipment covered by any partial payments made by the City become the sole property of the City when such partial payment is made.

RETAINAGE

The percentage retained shall be five percent (5%) pursuant to RCW Chapter 60.28, as amended.

Withholding of Funds by City - In addition to the amount which the City may otherwise retain under the contract, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due to the Contractor, as in its judgment may be necessary to cover: l) Payments which may be past due and payable for just claims against the Contractor or any Subcontractor for labor or materials furnished for the performance of this contract; 2) The cost of defective work not remedied; 3) Failure of the Contractor to make proper payments to it's Subcontractor; and 4) The estimated actual cost of completing the contract, when there is reasonable doubt the contract can be completed for the unpaid balance. The Owner, at it's discretion, may apply such withheld amount or amounts to payments of such claims. In so doing, any payment so made by the City shall be considered as a payment made under the contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment(s) made in good faith. Such payment may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper accounting of such funds disbursed on behalf of the Contractor.

CERTIFICATION AND FINAL PAYMENT

Final inspection of the work shall be made by the Engineer for the City as soon as practical after the Contractor has notified the Engineer in writing that the work is ready for inspection. Any supporting documentation such as punch list, record drawings (as-built drawings), certifications, warranties, release of outstanding liens, etc. should also be provided. The Contractor will be notified when the final inspection is to be scheduled and he/she may accompany the examining party. If the inspection reveals any defects or unsatisfactory work performed by the Contractor, the City Engineer will notify Contractor in writing of all deficiencies to be corrected. The cost of all repairs and replacements shall be borne by the Contractor and no extension of the contract time will be granted. If Contractor fails to correct deficiencies as directed by the City Engineer, City will either contract out or use City forces to correct the problems and shall deduct materials and/or labor charges from the Contractor's final payment and/or retainage.

After all the deficiencies have been corrected by the Contractor and there are no outstanding payments due to subcontractors or any outstanding liens, the City Engineer will submit to Council the final change order or final contract certification (executed by both parties) for City Council acceptance.

Final payment shall be construed as waiver of all claims by the Contractor except for unsettled claims previously made. Neither final payment by the City or final acceptance of the work shall relieve the Contractor from liability for faulty, defective, deficient or incomplete work which is not in accordance with the contract.

If the Contractor fails, refuses, or is unable to sign and return the Final Change Order and/or Final Contract Certification or any other documents required for the final acceptance of the contract, the City reserves the right to unilaterally accept the contract. Unilateral acceptance will occur only after the Contractor has been provided the opportunity, by written request from the Engineer, to voluntarily submit such documents.

When the work is found to be satisfactory and the final change order and/or final contract certification is paid to the Contractor, the City Engineer shall recommend to the City Council that final acceptance of the work be granted.

RELEASE OF RETAINAGE

Release of retained percentages shall be made not less than forty-five (45) days, but not more than sixty (60) days following the acceptance of the project, provided: a) The work is fully completed; b) Certification has been received by the City from the State Department of Revenue that all taxes certifiedas due or to become due by the Department of Revenue are discharged, and certification is received or the City is satisfied that all payments due the State Department of Labor and Industries and Employment Security Department are discharged and payment of prevailing wages has been made, and that no liens for such taxes or payments may exist; c) Affidavit of Wages Paid in on file with the City for the Contractor and subcontractors; d) The Contractor warrants to the City all claims by a subcontractor, materialman, and workmen, if any, for unpaid charges against the work have been satisfied; e) Contractor agrees to hold the City harmless from all liens on the completed work; and f) Written guarantees have been received along with the required Maintenance Bond.

In the event these provisions are not met, the City may pay a percentage of the retainage, holding back that quantity of money for subcontractors, materials, workmen and laborer's liens, tax liens, costs and attorney's fees and to defray the cost of additional construction administration services.

DIVISION 2

TECHNICAL SPECIFICATIONS

ATTACHMENTS

WASHINGTON STATE PREVAILING WAGE RATES FOR KITSAP COUNTY - *date