City of Redmond, WA
Special Provisions
INTRODUCTION
The following special provisions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2000 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications".
The standard specifications, except as they may be modified or superseded by these special provisions, shall govern all phases of work under this contract, and they are by reference made an integral part of these specifications and contract as if herein fully set forth.
Also incorporated into these specifications by reference are:
Amendments to Standard Specifications, as issued by WSDOT/APWA
Manual on Uniform Traffic Control Devices for Streets and Highways, current edition
Standard Plans for Road, Bridge and Municipal Construction, as prepared by the WSDOT/APWA, current edition
American Water Works Association Standards, current edition
City of Redmond Standard Specifications and Details, current edition
DESCRIPTION OF WORK
This project provides for construction of , Project No. and other work, all in accordance with the attached plans, these special provisions and the standard specifications.
l-03 AWARD AND EXECUTION OF CONTRACT
l-03.2 Award of Contract
Section l-03.2 of the Standard Specifications is supplemented with the following:
The award of contract, if awarded, will be made to the lowest bidder deemed responsible by the Owner, whose bid conforms to the requirements of these specifications, and whose past record of performance on work of similar complexity and magnitude indicates that said bidder is qualified to carry out the obligations of the contract and to complete the work contemplated therein.
Section 1-03.4 Contract Bond
Section 1-03.4 of the standard specifications is supplemented with the following:
If this contract is for twenty-five thousand dollars ($25,000.00) or less, the Contractor may, at the Contractor's option, authorize the City to retain fifty percent (50%) of the contract amount in lieu of furnishing a performance bond. If the Contractor elects this option, the retainage shall be held for a period of forty-five (45) days after final acceptance or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The Contractor must advise the City in writing of the Contractor's election to authorize retainage in lieu of a performance bond at the time of execution of the Contract.
l-07.6 Permits and Licenses
Section l-07.6 of the Standard Specifications is supplemented by the following:
The Contractor shall assure himself that all necessary permits are obtained. He shall review any permits that were not obtained by him in order that he is familiar with the requirements of the permits. All specific permits, licenses, inspections, etc., which may be required, shall be obtained and paid for by the Contractor including but not limited to a City of Redmond business license.
1-07.9 Wages
1-07.9(1) General
Supplement with the following:
State prevailing wage rates for use in this contract are included in this Project Manual.
1-07.14 Responsibility for Damage
Section 1-07.14 is deleted in its entirety and replaced with the following:
The Contractor shall indemnify, defend and hold harmless the City, its officers, agents, employees, engineers, and consultants from and against any and all claims, losses or liability, including attorneys fees, arising from injury, sickness, death to persons or damage to property occasioned by any willful or intentional misconduct or negligent act, omission, error, or failure of the Contractor, its officers, agents and employees, in performing the work required by these Contract Documents or in consequence of any negligence regarding the work, or the use of improper materials in the work. With respect to the performance of this contract and as to claims against the City, 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, death or sickness to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This industrial insurance waiver is mutually negotiated by the parties. This paragraph shall not apply to any claims, suits or actions which result from the sole negligence of the City, its officers, agents or employees. If such claims, suits or actions were caused by or result from the concurrent negligence of the City, its officers, agents or employees, the indemnity obligation contained within this paragraph shall be valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees.
The Contractor shall bear sole responsibility for damage to completed portions of the project or 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 property damage.
1-07.18 Public Liability and Property Damage Insurance
Section l-07.l8 of the Standard Specifications is supplemented by the following:
The policy of insurance shall name the City of Redmond, its officers, agents, representatives, engineers and consultants as additional insured.
All references to 20 days written notice to the Contracting Agency of cancellation, reduction, or modification of the insurance shall be changed to 30 days written notice.
In addition to the amounts required by RCW 60.28 to be withheld from the progress or retained percentage payments to the Contractor, the Owner may, in its sole discretion, withhold amounts sufficient to pay any property damage claim of which the Owner may have knowledge and regardless of the informalities of notice of such claim, arising out of the performance of this contract, provided that the total amounts withheld for such purposes shall not exceed three (3) percent of the contract price. The term "property damage claim" shall not include any claim for personal injuries or any claim by persons furnishing supplies or materials or performing labor for the Contractor. The amount withheld will not be paid to the claimant by the Owner but will be held until either the Contractor secures a written release from the claimant, obtains a court decision that such claim is without merit, or satisfies any judgment in favor of the claimant on such claim.