Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch,...

97
Bid Proposal, Contract Documents and Technical Specifications Summer 2010 Lincoln Rock State Park E E n n c c l l o o s s e e d d L L a a t t e e r r a a l l Improvement Project 2010-2011 Lateral Riser and S Sp p o o o o l l M Ma a t t e e r r i i a a l l s s

Transcript of Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch,...

Page 1: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Bid Proposal, Contract Documentsand Technical Specifications

Summer 2010

LincolnRock

State Park

EEnncclloosseedd LLaatteerraallIImmpprroovveemmeenntt PPrroojjeecctt

22001100--22001111 LLaatteerraall RRiisseerr aannddSSppooooll MMaatteerriiaallss

Page 2: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

8/23/2010 8:38 AM i

TABLE OF CONTENTSENCLOSED LATERAL IMPROVEMENT PROJECTS

2010-2011 Lateral Riser and Spool Materials

ADVERTISEMENT FOR BIDS (WHITE SECTION)

INSTRUCTIONS TO BIDDERS (PINK SECTION)01. General .............................................................................................................................................. 102. Location............................................................................................................................................. 103. Examination Of Plans, Specifications and Site ........................................................................... 104. Proposals ........................................................................................................................................... 105 Recovery Act Requirements for Proposals.................................................................................. 106. Bid Proposal Deposit ...................................................................................................................... 207. Award of Contract ........................................................................................................................... 208. Failure to Execute Contract ........................................................................................................... 209. Corrections, Interpretations and Addenda .................................................................................. 310. Project Engineer............................................................................................................................... 311. Chemical Hazard Communication................................................................................................ 312. Completion Time............................................................................................................................. 313. Manifold Start Time ........................................................................................................................ 314. Bidder’s Responsibility Statement ................................................................................................. 315. Bid Package Checklist ..................................................................................................................... 4

BID FORMS (PINK SECTION)American Products under Recovery Act..................................................................................................... 1Payment of Prevailing Wages under Recovery Act ................................................................................... 229 CFR 5.5 – Contract Provisions and Related Matters........................................................................... 3Non-Collusion and Debarment Affidavit................................................................................................... 9Subcontractor List ........................................................................................................................................ 10Bidder's Qualification Certificate ............................................................................................................... 14Bid Bond Form ............................................................................................................................................. 15Bid Bond ........................................................................................................................................................ 15Proposal.......................................................................................................................................................... 16Schedule of Prices......................................................................................................................................... 17

CONTRACT FORMS (BLUE SECTION)Agreement........................................................................................................................................................ 1Whistleblower Protections Under Recovery Act....................................................................................... 2Certificate Of Insurance ................................................................................................................................ 8General Liability Endorsement..................................................................................................................... 9Worker's Compensation Employer's Liability Endorsement ................................................................ 11Automotive Liability Endorsement ........................................................................................................... 12Performance and Payment Bond ............................................................................................................... 14Certifications of Industrial Insurance Paid and Request for Release ................................................... 16

GENERAL CONDITIONS (GREEN SECTION)01. Scope.................................................................................................................................................. 102. Definitions ........................................................................................................................................ 103. Abbreviations.................................................................................................................................... 304. Execution, Correlation and Intent Of Documents .................................................................... 5

Page 3: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

TABLE OF CONTENTSENCLOSED LATERAL IMPROVEMENT PROJECTS

2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM ii

05. Plans And Specifications – Omissions and Discrepancies........................................................ 606. Examination of Site of Work......................................................................................................... 607. Status of Engineer............................................................................................................................ 608. Engineer's Decision......................................................................................................................... 709. Contractor's Representations and Warranty................................................................................ 710. Inspection and Tests ....................................................................................................................... 711. Final Inspection and Acceptance .................................................................................................. 812. Ownership of Specifications, Contract Documents and Plans ................................................ 813. Notice of Award .............................................................................................................................. 814. Notice to Proceed............................................................................................................................ 815. Work Hours ...................................................................................................................................... 816. Progress Schedule ............................................................................................................................ 917. Schedule for Values of Lump Sum Work.................................................................................... 918. Material and Equipment – Material and Equipment List.......................................................... 919. Labor, Materials, Equipment, Facilities, and Workmen .......................................................... 1020. Materials and Equipment Furnished by Owner........................................................................ 1121. Samples ............................................................................................................................................ 1122. Determination of "Or Equal" ...................................................................................................... 1123. Royalties and Patents..................................................................................................................... 1124. Lands for Work (Material Delivery Sites) .................................................................................. 1125. Permits, Laws And Regulations................................................................................................... 1226. Points and Instructions ................................................................................................................. 1227. Payment of Prevailing Wages....................................................................................................... 1228. Protection of Work and Safety .................................................................................................... 1229. Work on Streets.............................................................................................................................. 1330. Existing Utilities or Obstructions................................................................................................ 1331. Traffic Maintenance and Protection ........................................................................................... 1332. Changes in the Work..................................................................................................................... 1333. Increase or Decrease of Work ..................................................................................................... 1434. Claims for Extra Cost.................................................................................................................... 1435. Delays and Extension of Time .................................................................................................... 1536. Completion and/or Correction of Work and Remedies before Final Payment.................. 1537. Defects Arising in One Year and Remedies .............................................................................. 1638. Suspension of Work ...................................................................................................................... 1639. Owner's Right to Terminate Contract........................................................................................ 1640. Contractor's Right to Stop Work or Terminate Contract ....................................................... 1741. Removal of Equipment................................................................................................................. 1742. Use of Completed Portion of Work ........................................................................................... 1843. Application for Payment............................................................................................................... 1844. Payments Withheld........................................................................................................................ 1945. Hold Harmless................................................................................................................................ 1946. Insurance ......................................................................................................................................... 2047. Performance and Payment Bond ................................................................................................ 2148. Damages .......................................................................................................................................... 2149. Subletting And Subcontracting.................................................................................................... 2250. Subcontractor Identification ........................................................................................................ 2251. Separate Contract - Interference with Other Contractors ...................................................... 2252. Cleanup............................................................................................................................................ 2353. Washington State Sales Tax.......................................................................................................... 2354. Dispute Resolution ........................................................................................................................ 23

Page 4: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

TABLE OF CONTENTSENCLOSED LATERAL IMPROVEMENT PROJECTS

2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM iii

TECHNICAL SPECIFICATIONS (WHITE SECTION)

1.1 Project Description .................................................................................................................................. 11.2 Administrative........................................................................................................................................... 11.3 Quality Control ......................................................................................................................................... 51.4 Delivery Support....................................................................................................................................... 51.5 Execution and Closeout .......................................................................................................................... 6

2.1 Welded Steel Pipe and Fittings............................................................................................................... 12.2 Measurement and Payment..................................................................................................................... 1

APPENDICES

Riser and Spool Parts Fabrication Details

Page 5: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Sunnyside Valley Irrigation DistrictP.O. Box 239

Sunnyside, WA 98944

ADVERTISEMENT FOR BIDS

Notice is hereby given that sealed bids will be received at the Sunnyside Valley Irrigation District (District)office until 9:00 a.m. on September 2, 2010 for materials to be used in the construction of the EnclosedLateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials. Bids will then be opened,read and tabulated publicly. Proposals received after the time fixed for opening will not be considered.

Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spoolassemblies fabricated from steel pipe, fittings and appurtenances in accordance with District details andspecifications. Contract estimate range is $250,000 - $300,000.

Contract documents may be obtained from the District, 120 South 11th St. or 1105 Yakima Valley Hwy,PO Box 239, Sunnyside, WA 98944, (509)837-6980. Contract documents may also be obtained from theDistrict website under the Projects tab at www.svid.org. Addenda will be e-mailed to bidders who havesigned for or requested contract documents through our office. All other bidders will get addenda fromthe District website. Addenda, if necessary, will be posted no later than August 30, 2010. Questionsreceived after 3:00 p.m. on August 27, 2010, will go unanswered. Bid packages will be mailed ifrequested through USPS standard mail. Additional charges may apply for express mailing.

Each bid proposal must be accompanied by a bid proposal deposit via cashier's check or Bidder’s bondin an amount equal to at least five (5) percent of the total amount of the bid proposal. Should thesuccessful bidder fail to enter into such contract and furnish satisfactory performance and payment bondwithin the time stated in the specifications, the bid proposal deposit shall be forfeited to the District.

The Successful Bidder will be required to furnish the additional bond(s) prescribed in the BiddingDocuments and be required to sign two documents: the Non-Collusion and Debarment Affidavit, andthe Anti-Discrimination Certificate as bound in the Bidding Documents.

The District reserves the right to reject any or all bids and to waive irregularities in the bid or in thebidding.

No bidder may withdraw his bid proposal after the hours set for the opening thereof, or before award ofcontract, unless said award is delayed for a period exceeding thirty (30) calendar days. No alterations tobid documents will be accepted.

The following is applicable to federal aid projects: Sunnyside Valley Irrigation District, in accordancewith Title VI of the Civil Rights Acts of 1964, 88 Stat. 352, hereby notifies all bidders that it willaffirmatively insure that in any contract entered into pursuant to this advertisement, disadvantagedbusiness enterprises will be afforded full opportunity to submit bids in response to this invitation andwill not be discriminated against on the grounds of race, color, or national origin in consideration foran award. All American Recovery and Reinvestment Act (ARRA) projects require special projectreporting every 30 days by the contractor as well as other requirements. Bidders are cautioned to readthe specifications carefully to understand general and other ARRA requirements such as compliance withthe Buy American Act (BAA - 41 U.S.C. § 10a – 10d).

_______________________________Don SchrammSunnyside Valley Irrigation DistrictAssistant Manager – Engineering

Published: Yakima Herald Republic, Tri City Herald Republic, Seattle Daily Journal of CommercePublish Date: August 22, 2010

August 29, 2010

Page 6: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

INSTRUCTION TO BIDDERS

Page 7: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

8/23/2010 8:38 AM 1

INSTRUCTIONS TO BIDDERS

01. General

Contract documents and specifications are on file and may be reviewed at the Sunnyside DivisionBoard of Control office located at 120 S. 11th Street, Sunnyside, WA 98944, or on the Districtwebsite under the project tab at www.svid.org.

02. Location

The materials will be delivered to the storage yard adjoining the Sunnyside Division Board ofControl office which is located at 120 S. 11th Street, Sunnyside, WA 98944.

03. Examination of Plans, Specifications and Site

Bidders shall satisfy themselves as to existing conditions by personal examination of plans,specifications and site of proposed delivery, and by any other examination and investigation whichthey may desire to make as to the nature of issues to be encountered.

04. Proposals

Proposals shall be made on the forms included herewith and shall be addressed to the SunnysideDivision Board of Control, 120 S. 11th Street, P.O. Box 239, Sunnyside, WA 98944. Proposals shallbe in a sealed envelope and shall be delivered to the above address to arrive not later than 9:00 a.m.on September 2, 2010.

No proposal may be withdrawn after the time set for the bid opening or before award of contractunless said award is delayed for a period exceeding thirty (30) days.

Sales tax will be charged at the rate of the county to which the materials are shipped. A sales tax rateof 7.9% will be used to calculate total price for materials shipped to the Sunnyside Division Board ofControl.

05. Recovery Act Requirements for Proposals

Bid proposals submitted for this project shall incorporate the requirements of Sections 1605 and1606 of the American Reinvestment and Recovery Act of 2009 (Recovery Act).

Section 1605, the “Buy American” section, stipulates that all iron, steel, and manufactured goodsused for Recovery Act projects must be produced or manufactured within the U.S. Bid proposalsshall include only those products that are or can be manufactured in the U.S. If a bid proposal mustinclude a product or material that is made outside the U.S., the bid proposal must note that item as asubstitution. Substitutions are subject the Sunnyside Division Board of Control’s approval.

Page 8: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 2

Section 1606 of the Recovery Act requires that all contractors and subcontractors are subject to theminimum wage requirements of the Davis-Bacon Act and must pay all laborers and mechanicsemployed by them at least the federal prevailing wage rate. Bid proposals will include these wagerates in the total bid price.

06. Bid Proposal Deposit

As a guarantee of good faith and as required by law, each bid shall be accompanied by a bidproposal deposit in the form of a cashier's check or Bidder’s bond, payable to the order of theSunnyside Division Board of Control, for an amount not less than five (5) percent of the totalamount of the bid. Deposits of the three low bidders will be retained until a contract has beenentered into between the successful bidder and the Sunnyside Division Board of Control, and until aperformance and payment bond in an amount of one hundred percent (100%) of the contract pricehas been filed as required under these contract documents.

Deposits of other bidders will be returned as soon as it is determined that they are not one of thethree low bidders.

07. Award of Contract

Contract will not be awarded until the Sunnyside Division Board of Control (Owner) is satisfied thatsuccessful bidder can supply all the specified materials within the given timeframe. Completion ofthe work within the time stated is essential. Prior commitments of the bidder, failure to completeother work on time, or reasonable doubt as to whether the bidder would complete the work on timewould be cause for the rejection of any bid. In addition, the Owner may determine any bidder not tobe responsible in accordance with RCW 43.19.1911(9) and/or any other presiding legal authority.The right is reserved by Owner to waive any irregularities in the bidding, to reject any or allproposals, to accept any proposal, to re-advertise for new proposals, or to otherwise carry out thework.

08. Failure to Execute Contract

In the event the successful bidder fails to furnish an approved bond and to sign the contract withinten (10) working days after notification of award, an amount equal to five (5) percent of the amountof the bid shall be forfeited to Owner as liquidated damages. Said liquidated damages shall be paidfrom the check or bid bond filed by the bidder. Other proposals will then be reconsidered foraward by Owner.

Page 9: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 3

09. Corrections, Interpretations and Addenda

Any omissions, discrepancies or need for interpretation should be brought in writing to the attentionof the Engineer. Written addenda to clarify questions which arise will then be issued.

All interpretation or explanations of the contract documents shall be in the form of an addendumand no oral statements by Owner, Engineer, or other representative of Owner shall, in any way,modify the contract documents, whether made before or after awarding the contract.

10. Project Engineer

Notices as required in the general conditions shall be mailed to Sunnyside Division Board of ControlP.O. Box 239 Sunnyside, WA 98944, Attention: Don Schramm

11. Chemical Hazard Communication

Before starting work under this contract, Contractor is required to supply information to the Owneron all chemical hazards that Contractor is bringing into the work place and thereby creatingexposure to the Owner’s employees.

12. Completion Time

Contractor shall be required to have the contract completed within 120 calendar days from Noticeto Proceed and to meet the intermediate milestones as follows. Half of each size of riser shall bedelivered to the Owner no later than 35 days from Notice to Proceed. The other half of the risersshall be delivered to the Owner no later than 60 days from the Notice to Proceed. Half of thespools and manifolds shall be delivered no later than 85 days from the Notice to Proceed. Theremaining balance shall be completed by the end of the allowable completion time.

Work hours are defined in the General Conditions, Section 15.

13. Manifold Start Time

Work on the manifolds is to wait until after quantities are finalized by the Owner as some changesare expected and won’t be known at time of bid. Manifold quantities will be finalized by October 8,2010.

14. Bidder’s Responsibility Statement

It is the responsibility of each bidder to ascertain if all the documents listed on the attached indexare included in their copy of the bid specifications.

Page 10: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 4

If documents are missing, it is the sole responsibility of the bidder to contact the Owner to obtainthe missing documents prior to bid opening time.

15. Bid Package Checklist

The Following are required as a minimum for a complete bid:

American Products under Recovery Act Payment of Prevailing Wages under Recovery Act Non-Collusion Certificate Subcontractor List Bidder’s Qualification Certificate Bid Bond Form Bid Bond Signed Proposal Form Schedule of Prices Acknowledgement of Receipt of Addenda

Page 11: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,
Page 12: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

BID FORMS

Page 13: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 1

AMERICAN PRODUCTS UNDER RECOVERY ACT

The undersigned bidder acknowledges that the project, described as Sunnyside Division Board ofControl Enclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials, isfunded through the American Reinvestment and Recovery Act of 2009 (ARRA). As such, all iron,steel and manufactured goods used in the project must be produced or manufactured within theUnited States as required under Section 1605 of ARRA. A manufactured good is defined asanything brought to a construction site for use in a public building or public work. There is noregulation regarding the origin of components or subcomponents of a manufactured good, as longas the manufacturing process takes place in the United States.

There are exceptions to Section 1605: unavailability and unreasonable cost.

If a product cannot be manufactured in sufficient quantities within the United States,internationally produced items may be used. If bidder must include international produced items inthe bid proposal, such materials shall be clearly labeled as a non-US manufactured good, and “NotAvailable Domestically in Sufficient Quantities” shall be listed as the reason for inclusion.

If a bid item is manufactured in sufficient quantities in the United States, but a comparableinternational product is available at a significantly lesser price, then the internationally producedproduct may be used. If such is the case, the bid proposal includes both the U.S.-made and the non-U.S.-made items, and a price comparison is provided.

Bidder certifies that all items stipulated in the bid proposal are manufactured within the UnitedStates with exceptions noted as above.

Bidder’s Signature: _______________________________________

Business Name: _________________________________________

City: _____________________________, Washington

Date: _____________________________, 20_____

Page 14: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 2

PAYMENT OF PREVAILING WAGES UNDER RECOVERY ACT

The undersigned bidder acknowledges that the project, described as Sunnyside Division Board ofControl Enclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials, isfunded through the American Reinvestment and Recovery Act of 2009 (ARRA). As such, allcontractors and subcontractors are subject to the minimum wage requirements of the Davis-BaconAct (40 U.S.C. 31) as required by Section 1606 of ARRA. ARRA Section 1606 requires that alllaborers and mechanics employed by contractors and subcontractors on projects funded directly orassisted in whole or in part by and through the Federal Government pursuant to the Recovery Actshall be paid wages at rates not less than those prevailing on projects of a similar character in thelocality as determined by the Secretary of Labor in accordance with 40 U.S.C. 31.

The undersigned bidder is also subject to the provisions and procedures of 29 CFR 5.5. Thecomplete text of 29 CFR 5.5 is included in this Contract.

The undersigned bidder agrees that the bid proposal incorporates the above federal minimum wagestandard for all bidder’s employees that qualify as laborers and mechanics. The Owner reserves theright to reject bids not in compliance with ARRA Section 1606.

Bidder’s Signature: _______________________________________

Business Name: _________________________________________

City: _____________________________, Washington

Date: _____________________________, 20_____

Page 15: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 3

29 CFR 5.5 – CONTRACT PROVISIONS AND RELATED MATTERS

Section Number: 5.5 Section Name: Contract provisions and related matters.

(a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excessof $2,000 which is entered into for the actual construction, alteration and/or repair, including painting anddecorating, of a public building or public work, or building or work financed in whole or in part from Federalfunds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of anycontract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning isexpressly indicated), and which is subject to the labor standards provisions of any of the acts listed in Sec. 5.1,the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, Thatsuch modifications are first approved by the Department of Labor):

(1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (orunder the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction ordevelopment of the project), will be paid unconditionally and not less often than once a week, and withoutsubsequent deduction or rebate on any account (except such payroll deductions as are permitted byregulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount ofwages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at ratesnot less than those contained in the wage determination of the Secretary of Labor which is attached heretoand made a part hereof, regardless of any contractual relationship which may be alleged to exist between thecontractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of theDavis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers ormechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made orcosts incurred for more than a weekly period (but not less often than quarterly) under plans, funds, orprograms which cover the particular weekly period, are deemed to be constructively made or incurred duringsuch weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefitson the wage determination for the classification of work actually performed, without regard to skill, except asprovided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may becompensated at the rate specified for each classification for the time actually worked therein: Provided thatthe employer's payroll records accurately set forth the time spent in each classification in which work isperformed. The wage determination (including any additional classification and wage rates conformed underparagraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by thecontractor and its subcontractors at the site of the work in a prominent and accessible place where it can beeasily seen by the workers.

(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, whichis not listed in the wage determination and which is to be employed under the contract shall be classified inconformance with the wage determination. The contracting officer shall approve an additional classificationand wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in thewage determination; and

(2) The classification is utilized in the area by the construction industry; and(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the

wage rates contained in the wage determination.(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or

their representatives, and the contracting officer agree on the classification and wage rate (including theamount designated for fringe benefits where appropriate), a report of the action taken shall be sent by thecontracting officer to the Administrator of the Wage and Hour Division, Employment StandardsAdministration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorizedrepresentative, will approve, modify, or disapprove every additional classification action within 30 days of

Page 16: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 4

receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period thatadditional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or theirrepresentatives, and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate), the contracting officer shall referthe questions, including the views of all interested parties and the recommendation of the contracting officer,to the Administrator for determination. The Administrator, or an authorized representative, will issue adetermination within 30 days of receipt and so advise the contracting officer or will notify the contractingofficer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs(a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under thiscontract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanicsincludes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit asstated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalentthereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor mayconsider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated inproviding bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor hasfound, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act havebeen met. The Secretary of Labor may require the contractor to set aside in a separate account assets for themeeting of obligations under the plan or program.

(2) Withholding. The (write in name of Federal Agency or the loan or grant recipient) shall upon its ownaction or upon written request of an authorized representative of the Department of Labor withhold or causeto be withheld from the contractor under this contract or any other Federal contract with the same primecontractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor, so much of the accrued payments or advances as may beconsidered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed bythe contractor or any subcontractor the full amount of wages required by the contract. In the event of failureto pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the siteof the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in theconstruction or development of the project), all or part of the wages required by the contract, the (Agency)may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessaryto cause the suspension of any further payment, advance, or guarantee of funds until such violations haveceased.

(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by thecontractor during the course of the work and preserved for a period of three years thereafter for all laborersand mechanics working at the site of the work (or under the United States Housing Act of 1937, or under theHousing Act of 1949, in the construction or development of the project). Such records shall contain thename, address, and social security number of each such worker, his or her correct classification, hourly ratesof wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cashequivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weeklynumber of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor hasfound under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costsreasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of theDavis-Bacon Act, the contractor shall maintain records which show that the commitment to provide suchbenefits is enforceable, that the plan or program is financially responsible, and that the plan or program hasbeen communicated in writing to the laborers or mechanics affected, and records which show the costsanticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices ortrainees under approved programs shall maintain written evidence of the registration of apprenticeshipprograms and certification of trainee programs, the registration of the apprentices and trainees, and the ratiosand wage rates prescribed in the applicable programs.

Page 17: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 5

(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copyof all payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, butif the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, asthe case may be, for transmission to the (write in name of agency). The payrolls submitted shall set outaccurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), exceptthat full social security numbers and home addresses shall not be included on weekly transmittals. Instead thepayrolls shall only need to include an individually identifying number for each employee (e.g., the last fourdigits of the employee's social security number). The required weekly payroll information may be submitted inany form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour DivisionWeb site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractoris responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractorsshall maintain the full social security number and current address of each covered worker, and shall providethem upon request to the (write in name of appropriate federal agency) if the agency is a party to the contract,but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, asthe case may be, for transmission to the (write in name of agency), the contractor, or the Wage and HourDivision of the Department of Labor for purposes of an investigation or audit of compliance with prevailingwage requirements. It is not a violation of this section for a prime contractor to require a subcontractor toprovide addresses and social security numbers to the prime contractor for its own records, without weeklysubmission to the sponsoring government agency (or the applicant, sponsor, or owner).

(B) Each payroll submitted shall be accompanied by a ``Statement of Compliance,'' signed by thecontractor or subcontractor or his or her agent who pays or supervises the payment of the persons employedunder the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5(a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on thecontract during the payroll period has been paid the full weekly wages earned, without rebate, either directlyor indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefitsor cash equivalents for the classification of work performed, as specified in the applicable wage determinationincorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of OptionalForm WH-347 shall satisfy the requirement for submission of the ``Statement of Compliance'' required byparagraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civilor criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of thissection available for inspection, copying, or transcription by authorized representatives of the (write the nameof the agency) or the Department of Labor, and shall permit such representatives to interview employeesduring working hours on the job. If the contractor or subcontractor fails to submit the required records or tomake them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, orowner, take such action as may be necessary to cause the suspension of any further payment, advance, orguarantee of funds. Furthermore, failure to submit the required records upon request or to make such recordsavailable may be grounds for debarment action pursuant to 29 CFR 5.12.

(4) Apprentices and trainees--(i) Apprentices. Apprentices will be permitted to work at less than thepredetermined rate for the work they performed when they are employed pursuant to and individuallyregistered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employmentand Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with aState Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days ofprobationary employment as an apprentice in such an apprenticeship program, who is not individuallyregistered in the program, but who has been certified by the Office of Apprenticeship Training, Employerand Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary

Page 18: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 6

employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craftclassification shall not be greater than the ratio permitted to the contractor as to the entire work force underthe registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered orotherwise employed as stated above, shall be paid not less than the applicable wage rate on the wagedetermination for the classification of work actually performed. In addition, any apprentice performing workon the job site in excess of the ratio permitted under the registered program shall be paid not less than theapplicable wage rate on the wage determination for the work actually performed. Where a contractor isperforming construction on a project in a locality other than that in which its program is registered, the ratiosand wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's orsubcontractor's registered program shall be observed. Every apprentice must be paid at not less than the ratespecified in the registered program for the apprentice's level of progress, expressed as a percentage of thejourneymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringebenefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program doesnot specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wagedetermination for the applicable classification. If the Administrator determines that a different practiceprevails for the applicable apprentice classification, fringes shall be paid in accordance with thatdetermination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a StateApprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, thecontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate forthe work performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than thepredetermined rate for the work performed unless they are employed pursuant to and individually registeredin a program which has received prior approval, evidenced by formal certification by the U.S. Department ofLabor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shallnot be greater than permitted under the plan approved by the Employment and Training Administration.Every trainee must be paid at not less than the rate specified in the approved program for the trainee's levelof progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wagedetermination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringebenefits listed on the wage determination unless the Administrator of the Wage and Hour Divisiondetermines that there is an apprenticeship program associated with the corresponding journeyman wage rateon the wage determination which provides for less than full fringe benefits for apprentices. Any employeelisted on the payroll at a trainee rate who is not registered and participating in a training plan approved by theEmployment and Training Administration shall be paid not less than the applicable wage rate on the wagedetermination for the classification of work actually performed. In addition, any trainee performing work onthe job site in excess of the ratio permitted under the registered program shall be paid not less than theapplicable wage rate on the wage determination for the work actually performed. In the event theEmployment and Training Administration withdraws approval of a training program, the contractor will nolonger be permitted to utilize trainees at less than the applicable predetermined rate for the work performeduntil an acceptable program is approved.

(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this partshall be in conformity with the equal employment opportunity requirements of Executive Order 11246, asamended, and 29 CFR part 30.

(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29CFR part 3, which are incorporated by reference in this contract.

(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in29 CFR 5.5(a)(1) through (10) and such other clauses as the (write in the name of the Federal agency) may byappropriate instructions require, and also a clause requiring the subcontractors to include these clauses in anylower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor orlower tier subcontractor with all the contract clauses in 29 CFR 5.5.

(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds fortermination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR5.12.

Page 19: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 7

(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of theDavis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference inthis contract.

(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of thiscontract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved inaccordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputeswithin the meaning of this clause include disputes between the contractor (or any of its subcontractors) andthe contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (norhe or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible tobe awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of aGovernment contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.(b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the

contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this sectionin full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of theContract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clausesrequired by Sec. 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers andmechanics include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract workwhich may require or involve the employment of laborers or mechanics shall require or permit any suchlaborer or mechanic in any workweek in which he or she is employed on such work to work in excess of fortyhours in such workweek unless such laborer or mechanic receives compensation at a rate not less than oneand one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause setforth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall beliable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory, to such District or tosuch territory), for liquidated damages. Such liquidated damages shall be computed with respect to eachindividual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forthin paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual wasrequired or permitted to work in excess of the standard workweek of forty hours without payment of theovertime wages required by the clause set forth in paragraph (b)(1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency orthe loan or grant recipient) shall upon its own action or upon written request of an authorized representativeof the Department of Labor withhold or cause to be withheld, from any moneys payable on account of workperformed by the contractor or subcontractor under any such contract or any other Federal contract with thesame prime contractor, or any other federally-assisted contract subject to the Contract Work Hours andSafety Standards Act, which is held by the same prime contractor, such sums as may be determined to benecessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidateddamages as provided in the clause set forth in paragraph (b)(2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth inparagraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include theseclauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by anysubcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of thissection.

(c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract WorkHours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shallcause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shallmaintain payrolls and basic payroll records during the course of the work and shall preserve them for a periodof three years from the completion of the contract for all laborers and mechanics, including guards andwatchmen, working on the contract. Such records shall contain the name and address of each such employee,

Page 20: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 8

social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hoursworked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require thecontracting officer to insert in any such contract a clause providing that the records to be maintained underthisparagraph shall be made available by the contractor or subcontractor for inspection, copying, or transcriptionby authorized representatives of the (write the name of agency) and the Department of Labor, and thecontractor or subcontractor will permit such representatives to interview employees during working hours onthe job.

Page 21: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 9

NON-COLLUSION AND DEBARMENT AFFIDAVIT

STATE OF WASHINGTONCOUNTY OF ________________

I, the undersigned, an authorized representative of ________________________________(Firm, Association or Corporation)

being first duly sworn on oath hereby certify that the bid submitted is a genuine and not a sham or collusivebid, or made in the interest or on behalf of any person not therein named; and I further state that the saidfirm, association or corporation (hereinafter referred to as "Firm") has not directly or indirectly induced orsolicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporationto refrain from bidding; and that said Firm, has not in any manner sought by collusion to secure to the Firm,an advantage over other bidder or bidders.

I further certify that, except as noted below, the Firm or any person in a controlling capacity associatedtherewith or any position involving the administration of federal funds; is not currently under suspension,debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not beensuspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3years; does not have a proposed debarment pending; and has not been indicted, convicted or had a civiljudgment rendered against said person or Firm, by a court of competent jurisdiction in any matter involvingfraud or official misconduct within the past three years.

I further certify that all subcontractors providing work or purchases over $25,000 meet the above conditions.I will document by using this form and the subcontractor signature block below.

Exceptions noted:

Bidder’s Signature ____________________________________________________________

I certify that I know or have satisfactory evidence that ________________________________signed this instrument, on oath stated that (he/she) was authorized to execute the instrument andacknowledged it as the ______________________________________________ (title) of_______________________________ to be the free and voluntary act of such party of the uses andpurposes mentioned in the instrument.

Dated:Signature of Notary Public

(Seal or stamp) My appointment expires:

Sub Contractor Firm __________________________________________________________Sub Contractor Signature ______________________________________________________I certify that I know or have satisfactory evidence that ________________________________signed this instrument, on oath stated that (he/she) was authorized to execute the instrument andacknowledged it as the ______________________________________________ (title) of_______________________________ to be the free and voluntary act of such party of the uses andpurposes mentioned in the instrument.

Dated:Signature of Notary Public(Seal or stamp) My appointment expires:

Page 22: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 10

SUBCONTRACTOR LIST

The Owner requires the bidder to submit the names of all subcontractors whose subcontract amount exceeds 10percent of the contract price for all contracts exceeding $100,000. Bidders shall complete Section A below asappropriate. Bidders can attach additional sheets as necessary to identify additional subcontractors.

In addition, as required by the Revised Code of Washington 1999 (RCW 39.30.060), bids of $1,000,000 or more forany public works contract require each bidder to submit the names of the subcontractors who will be performing thework in the areas of heating, ventilation, air conditioning, plumbing (as described in chapter 18.106 RCW), andelectrical (as described in chapter 19.28 RCW), or to name itself for the work. Bidders shall complete Section B asappropriate. As required by RCW 39.30.060, if the subcontractor names for Section B are not submitted with the bid,or within 1 hour of the bid time, the bid shall be considered non-responsive (void).

A. Owner Required Subcontractor ListThe following subcontractor(s) subcontract amount exceeds 10 percent of the contract price and the contract exceeds$100,000: (list subcontractor and bid item)

Select Either:

Bidder certifies that there are no subcontractors at this time who meet the above requirements.

Name

Title

Signature

Or

There are subcontractors who meet the above requirements.

Bid Item (s)

Subcontractor Name

Address

Phone No. State Contractor's License No.

Bid Item (s)

Subcontractor Name

Address

Phone No. State Contractor's License No.

Bid Item (s)

Subcontractor Name

Address

Phone No. State Contractor's License No.

Page 23: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 11

B. RCW Required Subcontractor ListThe following subcontractor(s) subcontract for work listed below. This must be filled in when the total contract priceequals or exceeds $1,000,000. Bidder shall indicate one of the following:

Bidder is naming themselves for the work, or There is no work related to the item identified, or The subcontractor who will be performing the work

Heating Yes No

Bidder is naming themselves for the work

There is no permanent work product related to this item. Any ancillaryheating work required during the execution of this contract will be performedby the Contractor.

Bidder is subcontracting the work (if so, complete the following items)

Bid Item (s)

Subcontractor Name

Address

Phone No. State Contractor's License No.

Ventilation Yes No

Bidder is naming themselves for the work

There is no permanent work product related to this item. Any ancillaryventilation work required during the execution of this contract, will beperformed by the Contractor.

Bidder is subcontracting the work (if so, complete the following items)

Bid Item (s)

Subcontractor Name

Address

Phone No. State Contractor's License No.

Air Conditioning Yes No

Bidder is naming themselves for the work

There is no permanent work product related to this item. Any ancillary airconditioning work required during the execution of this contract , will beperformed by the Contractor.

Bidder is subcontracting the work (if so, complete the following items)

Bid Item (s)

Subcontractor Name

Address

Page 24: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 12

Phone No. State Contractor's License No.

Plumbing Yes No

Bidder is naming themselves for the work

There is no permanent work product related to this item. Any ancillaryplumbing work required during the execution of this contract, includingproviding temporary water supply, will be performed by the Contractor.

Bidder is subcontracting the work (if so, complete the following items)

Bid Item (s)

Subcontractor Name

Address

Phone No. State Contractor's License No.

Electrical Yes No

Bidder is naming themselves for the work

There is no permanent work product related to this item. Any ancillaryelectrical work required during the execution of this contract, includingproviding temporary electrical supply, will be performed by the Contractor.

Bidder is subcontracting the work (if so, complete the following items)

Bid Item (s)

Subcontractor Name

Address

Phone No. State Contractor's License No.

Other Type: ________________________________________________ Yes No

Bidder is naming themselves for the work

There is no permanent work product related to this item. Any ancillaryelectrical work required during the execution of this contract, includingproviding temporary electrical supply, will be performed by the Contractor.

Bidder is subcontracting the work (if so, complete the following items)

Bid Item (s)

Subcontractor Name

Address

Phone No. State Contractor's License No.

Page 25: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 13

Other Type: __________________________________________________ Yes No

Bidder is naming themselves for the work

There is no permanent work product related to this item. Any ancillaryelectrical work required during the execution of this contract, includingproviding temporary electrical supply, will be performed by the Contractor.

Bidder is subcontracting the work (if so, complete the following items)

Bid Item (s)

Subcontractor Name

Address

Phone No. State Contractor's License No.

Page 26: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 14

BIDDER'S QUALIFICATION CERTIFICATE

The undersigned hereby certifies and submits the following qualifications:1. Name and Address

2. State of Washington Registration Number and expiration

3. Number of years in contracting business under present firm name

4. Particular types of work performed by your company:

5. List several recent projects performed:

Amount Type Owner Name Phone

6. Gross amount of contracts now in hand:

7. Bank reference(s):

By (Authorized Signature):

Title

Page 27: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 15

BID BOND FORM

Herewith find deposit in the form of a certified check, cashier's check, or cash in the amount of$_______________which is not less than five percent (5%) of the total bid.

Sign Here: ___________________________________________________________

BID BOND

Know all men by these presents, that we ___________________________________ as Principaland ______________________________________________ as Surety, are held and firmly boundunto the _____________________ Washington, as obligee in the penal sum of_________________________ dollars, for the payment of which the principal and the surety bindsthemselves, their heirs, executors, administrators, successors and assigns, jointly and severally, bythese presents.

The condition of the obligation is such that if the obligee shall make any award to the principal for________________________________, according to the terms of the proposal or bid made by theprincipal therefore, and the principal shall duly make and enter into a contract with the obligee inaccordance with the terms of said proposal or bid award and shall give bond for faithfulperformance thereof, with surety or sureties approved by the obligee; or if the principal shall, in caseof failure to do so, pay and forfeit to the obligee the penal amount of the deposit specified in the callfor bids, then this obligation shall be null and void; otherwise it shall be and remain in full force andeffect and the surety shall forthwith pay and forfeit to the obligee, as penalty and liquidated damagesthe amount of this bond.

Signed, sealed and dated this _______ day of _____________________, 20_____.

Principal__________________________________________________________________

Surety____________________________________________________________________

Return of deposit in the amount of $

Date

By

Page 28: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 16

PROPOSAL

Contractor: _________________________________________

City: _____________________________, Washington

Date: _____________________________, 20_____

The Board of Directors________________________________________________________

____________________________, WA __________

Pursuant to and in compliance with your invitation for bids and all other documents relating thereto,the undersigned bidder, having familiarized themselves with the terms of the contract, the localconditions affecting the performance of the contract, and the cost of the work at the project site(s),proposes and agrees to perform the contract within the time stipulated. The undersigned bidder willprovide and furnish any and all labor, materials, tools, expendable equipment, and all transportationservices necessary to perform the contract, and complete all the work covered by the contract inconnection with Sunnyside Division Board of Control's project, designated as Enclosed LateralImprovement Projects 2010-2011 Lateral Riser and Spool Materials, as required by and in strictconformance with the specifications, contract documents and the standard plans for the followingunit prices.

Note: Prices of all items, all extensions and total amount of bid must be shown. Show prices inboth words and figures and, where conflict occurs, the written or typed words prevail. Bidders shallbid on all bid schedules set forth in the bid forms. The Bidder authorizes the Owner to correct anyobvious mathematical errors that may appear on this Bid Proposal.

Page 29: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 17

SCHEDULE OF PRICES

Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects

2010-2011 Lateral Riser and Spool MaterialsItem Description Units Quantity Unit Price Total Price

1 2-inch Riser

Unit Price in Words

EA 30

=$_________________ = $____________________

2 3-inch Riser

Unit Price in Words

EA 34

=$_________________ = $____________________

3 4-inch Riser

Unit Price in Words

EA 31

=$_________________ = $____________________

4 6-inch Riser

Unit Price in Words

EA 43

=$_________________ = $____________________

5 8-inch Riser

Unit Price in Words

EA 12

=$_________________ = $____________________

6 10-inch Riser

Unit Price in Words

EA 3

=$_________________ = $____________________

7 12-inch Riser

Unit Price in Words

EA 1

=$_________________ = $____________________

8 2-inch Spool

Unit Price in Words

EA 56

=$_________________ = $____________________

9 3-inch Spool

Unit Price in Words

EA 46

=$_________________ = $____________________

10 4-inch Spool EA 47

Page 30: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 18

Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects

2010-2011 Lateral Riser and Spool MaterialsItem Description Units Quantity Unit Price Total Price

Unit Price in Words =$_________________ = $____________________

11 6-inch Spool

Unit Price in Words

EA 48

=$_________________ = $____________________

12 8-inch Spool

Unit Price in Words

EA 9

=$_________________ = $____________________

13 10-inch Spool

Unit Price in Words

EA 2

=$_________________ = $____________________

14 2 Port Manifold2-inch Inlet x 2-inch x 2-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

15 2 Port Manifold3-inch Inlet x 2-inch x 2-inch

Unit Price in Words

EA 2

=$_________________ = $____________________

16 2 Port Manifold3-inch Inlet x 2-inch x 3-inch

Unit Price in Words

EA 8

=$_________________ = $____________________

17 2 Port Manifold4-inch Inlet x 2-inch x 3-inch

Unit Price in Words

EA 3

=$_________________ = $____________________

18 2 Port Manifold4-inch Inlet x 2-inch x 4-inch

Unit Price in Words

EA 2

=$_________________ = $____________________

Page 31: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 19

Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects

2010-2011 Lateral Riser and Spool MaterialsItem Description Units Quantity Unit Price Total Price

19 2 Port Manifold4-inch Inlet x 3-inch x 3-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

20 2 Port Manifold4-inch Inlet x 3-inch x 4-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

21 2 Port Manifold6-inch Inlet x 2-inch x 6-inch

Unit Price in Words

EA 4

=$_________________ = $____________________

22 2 Port Manifold6-inch Inlet x 3-inch x 4-inch

Unit Price in Words

EA 2

=$_________________ = $____________________

23 2 Port Manifold6-inch Inlet x 3-inch x 6-inch

Unit Price in Words

EA 2

=$_________________ = $____________________

24 2 Port Manifold6-inch Inlet x 4-inch x 4-inch

Unit Price in Words

EA 3

=$_________________ = $____________________

25 2 Port Manifold6-inch Inlet x 4-inch x 6-inch

Unit Price in Words

EA 4

=$_________________ = $____________________

26 2 Port Manifold8-inch Inlet x 3-inch x 6-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

Page 32: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 20

Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects

2010-2011 Lateral Riser and Spool MaterialsItem Description Units Quantity Unit Price Total Price

27 2 Port Manifold8-inch Inlet x 4-inch x 6-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

28 2 Port Manifold8-inch Inlet x 4-inch x 8-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

29 2 Port Manifold8-inch Inlet x 6-inch x 6-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

30 2 Port Manifold10-inch Inlet x 8-inch x 8-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

31 2 Port Manifold12-inch Inlet x 8-inch x 8-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

32 3 Port Manifold3-inch Inlet x 2-inch x 2-inch x 2-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

33 3 Port Manifold3-inch Inlet x 2-inch x 2-inch x 3-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

34 3 Port Manifold4-inch Inlet x 2-inch x 2-inch x 3-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

Page 33: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 21

Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects

2010-2011 Lateral Riser and Spool MaterialsItem Description Units Quantity Unit Price Total Price

35 3 Port Manifold4-inch Inlet x 2-inch x 2-inch x 4-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

36 3 Port Manifold4-inch Inlet x 2-inch x 3-inch x 3-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

37 3 Port Manifold4-inch Inlet x 2-inch x 3-inch x 4-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

38 3 Port Manifold6-inch Inlet x 2-inch x 3-inch x 4-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

39 3 Port Manifold6-inch Inlet x 2-inch x 4-inch x 4-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

40 3 Port Manifold6-inch Inlet x 3-inch x 4-inch x 4-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

41 3 Port Manifold8-inch Inlet x 2-inch x 4-inch x 8-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

42 3 Port Manifold8-inch Inlet x 2-inch x 6-inch x 6-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

Page 34: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:58 AM 22

Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects

2010-2011 Lateral Riser and Spool MaterialsItem Description Units Quantity Unit Price Total Price

43 3 Port Manifold8-inch Inlet x 3-inch x 4-inch x 6-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

44 3 Port Manifold8-inch Inlet x 4-inch x 4-inch x 6-inch

Unit Price in Words

EA 3

=$_________________ = $____________________

45 3 Port Manifold8-inch Inlet x 6-inch x 6-inch x 6-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

46 4 Port Manifold3-inch Inlet x 2-inch x 2-inch x 2-inch x 2-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

47 4 Port Manifold4-inch Inlet x 2-inch x 3-inch x 3-inch x 3-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

48 4 Port Manifold6-inch Inlet x 2-inch x 2-inch x 3-inch x 4-inch

Unit Price in Words

EA 1

=$_________________ = $____________________

SUBTOTAL (Items 1-48)$_______________________

Sales Tax @ 7.9% $_______________________

TOTAL AMOUNT BID $_______________________

Page 35: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

All bidders shall sign the proposal in the space provided.

The successful bidder shall execute and furnish the attached performance bond (no substitutions allowed)within ten (10) working days after the date of award of contract unless a written extension is granted by theSunnyside Division Board of Control (the Owner).

The Contractor agrees to perform the complete contract work as specified, including corrections, within 120calendar days, beginning the date given in the Notice to Proceed by the Owner. Failure to complete withinthe specified completion time and intermediate milestones may result in liquidated damages in the amount of$750 for each working day beyond the completion date and/or each intermediate milestone.

The proposal, together with the Agreement, Contract Documents, Standard Specifications, SpecialProvisions, Addenda and Plans, when endorsed by the Owner shall become a contract binding on bothparties thereto, whereby the Contractor agrees to perform the complete contract work, as specified, and theOwner agrees to make payment to the Contractor, as specified, for said completed and accepted work.

Dated this _______________________ day of ___________________________________, 20_____.

Contractor________________________________________________________________________

Address___________________________________________________________________________

_________________________________________________________________________________

Telephone_____________________________ License No.__________________________________

By: ___________________________________________________

Title: _________________________________________________

Attest: (If Corporation)_______________________________________________________

_______________________________________________________

Witness: (If Individual or Partnership)_______________________________________________________

_______________________________________________________

Acknowledgement of Receipt of Addenda:

No.___________ Date_______________________ Initials________________

No.___________ Date_______________________ Initials________________

Page 36: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

CONTRACT FORMS

Page 37: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 1

AGREEMENT

State of Washington )) SS

County of _______ )

THIS AGREEMENT AND CONTRACT, made and entered into at _____________ Washington,this _____ day of _______________, 20____, by and between the Sunnyside Division Board of Control,Sunnyside Washington, a municipal corporation, hereinafter designated as the “Owner,” and______________________________________________ hereinafter designated as the “Contractor,”

WITNESSETH:

That WHEREAS the Owner has heretofore caused to be prepared certain plans and specificationsdescribed as the Enclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials, andthe Contractor did on the _______ day of _________________, 20____, file with the Owner a proposal toperform said work and agreed to accept as payment therefore the sum fully stated and set forth in theproposal, and

WHEREAS, the said Contract Documents fully and accurately described the terms and conditionsupon which the Contractor proposes to furnish said materials and perform said work, together with themanner and time of furnishing same;

IT IS THEREFORE AGREED, first, that a copy of the General Conditions and other ContractDocuments filed with the Owner do, in all particulars, become a part of the Agreement and Contract by andbetween the parties hereto in all matters and things therein set forth and described; and further, that theOwner and the Contractor hereby accept and agree to the terms and conditions of the Contract Documentsas filed as completely as if said terms and conditions and plans were herein set out in full.

IN FAITH WHEREOF, witness the hands and seals of both parties hereto on the day and year inthis Agreement first above written.

Contractor

By

Title

Attest (If Corporation) Witness (If Individual or Partnership)

By

Title

(Owner Signature and Title)

Page 38: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 2

WHISTLEBLOWER PROTECTIONS UNDER RECOVERY ACT

The undersigned Contractor acknowledges that the project, described as Sunnyside Valley IrrigationDistrict Enclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials isfunded through the American Reinvestment and Recovery Act of 2009 (ARRA). As such, allemployees of Contractors and Subcontractors are covered by the whistleblower protectionprovisions of Section 1553 of ARRA. The Contractor agrees to abide by all provisions of Section1553. The complete text of Section 1553 is included below.

In addition, the Contractor and all Subcontractors will post the included signage of Section 1553whistleblower protections in plain view at all job sites.

Contractor Signature: ______________________________________________

Business Name: _________________________________________

City: _____________________________, Washington

Date: _____________________________, 20_____

Page 39: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 3

SECTION 1553 OF THE AMERICAN RECOVERY ANDREINVESTMENT ACT

PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTORWHISTLEBLOWERS

(a) PROHIBITION OF REPRISALS.—An employee of any non-Federal employer receiving covered fundsmay not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including adisclosure made in the ordinary course of an employee’s duties, to the Board, an inspector general, theComptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, aperson with supervisory authority over the employee (or such other person working for the employer whohas the authority to investigate, discover, or terminate misconduct), a court or grand jury, the head of aFederal agency, or their representatives, information that the employee reasonably believes is evidence of—

(1) gross mismanagement of an agency contract or grant relating to covered funds;(2) a gross waste of covered funds;(3) a substantial and specific danger to public health or safety related to the implementation or use ofcovered funds;(4) an abuse of authority related to the implementation or use of covered funds; or(5) a violation of law, rule, or regulation related to an agency contract (including the competition for or

negotiation of a contract) or grant, awarded or issued relating to covered funds.(b) INVESTIGATION OF COMPLAINTS.—

(1) IN GENERAL.—A person who believes that the person has been subjected to a reprisal prohibited bysubsection (a) may submit a complaint regarding the reprisal to the appropriate inspector general.Except as provided under paragraph (3), unless the inspector general determines that the complaint is

frivolous, does not relate to covered funds, or another Federal or State judicial or administrativeproceeding has previously been invoked to resolve such complaint, the inspector general shall investigate thecomplaint and, upon completion of such investigation, submit a report of the findings of the investigationto the person, the person’s employer, the head of the appropriate agency, and the Board.

(2) TIME LIMITATIONS FOR ACTIONS.—(A) IN GENERAL.—Except as provided under subparagraph (B), the inspector general shall, not

later than 180 days after receiving a complaint under paragraph (1)—(i) make a determination that the complaint is frivolous, does not relate to covered funds,

or another Federal or State judicial or administrative proceeding has previously been invoked to resolve suchcomplaint; or

(ii) submit a report under paragraph (1).(B) EXTENSIONS.—

(i) VOLUNTARY EXTENSION AGREED TO BETWEEN INSPECTORGENERAL AND COMPLAINANT.—If the inspector general is unable to complete an investigation underthis section in time to submit a report within the 180-day period specified under subparagraph (A) and theperson submitting the complaint agrees to an extension of time, the inspector general shall submit a reportunder paragraph (1) within such additional period of time as shall be agreed upon between the inspectorgeneral and the person submitting the complaint.

(ii) EXTENSION GRANTED BY INSPECTOR GENERAL.—If the inspector general is unable to complete an investigation under this section in time to

submit a report within the 180-day period specified under subparagraph (A), the inspector general may extendthe period for not more than 180 days without agreeing with the person submitting the complaint to suchextension, provided that the inspector general provides a written explanation (subject to the authority toexclude information under paragraph (4)(C) for the decision, which shall be provided to both the personsubmitting the complaint and the non-Federal employer.

(iii) SEMI-ANNUAL REPORT ON EXTENSIONS.—The inspector general shall include insemiannual reports to Congress a list of those investigations for which the inspector general received anextension.

(3) DISCRETION NOT TO INVESTIGATE COMPLAINTS.—

Page 40: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 4

(A) IN GENERAL.—The inspector general may decide not to conduct or continue an investigationunder this section upon providing to the person submitting the complaint and the non-Federal employer awritten explanation (subject to the authority to exclude information under paragraph (4)(C) for such decision.

(B) ASSUMPTION OF RIGHTS TO CIVIL REMEDY.—Upon receipt of an explanation of adecision not to conduct or continue an investigation under subparagraph (A), the person submitting acomplaint shall immediately assume the right to a civil remedy under subsection (c)(3) as if the 210-day periodspecified under such subsection has already passed.

(C) SEMI-ANNUAL REPORT.—The inspector general shall include in semi-annual reports toCongress a list of those investigations the inspector general decided not to conduct or continue under thisparagraph.

(4) ACCESS TO INVESTIGATIVE FILE OF INSPECTOR GENERAL.—(A) IN GENERAL.—The person alleging a reprisal under this section shall have access to the

investigation file of the appropriate inspector general in accordance with section 552a of title 5, United StatesCode (commonly referred to as the ‘‘Privacy Act’’). The investigation of the inspector general shall be deemedclosed for purposes of disclosure under such section when an employee files an appeal to an agencyhead or a court of competent jurisdiction.

(B) CIVIL ACTION.—In the event the person alleging the reprisal brings suit under subsection(c)(3), the person alleging the reprisal and the non-Federal employer shall have access to the investigative fileof the inspector general in accordance with the Privacy Act.

(C) EXCEPTION.—The inspector general may exclude from disclosure—(i) information protected from disclosure by a provision of law; and(ii) any additional information the inspector general determines disclosure of which would impede

a continuing investigation, provided that such information is disclosed once such disclosure would no longerimpede such investigation, unless the inspector general determines that disclosure of law enforcementtechniques, procedures, or information could reasonably be expected to risk circumvention of the law ordisclose the identity of a confidential source.

(5) PRIVACY OF INFORMATION.—An inspector general investigating an alleged reprisal under thissection may not respond to any inquiry or disclose any information from or about any person alleging suchreprisal, except in accordance with the provisions of section 552a of title 5, United States Code, or as requiredby any other applicable Federal law.(c) REMEDY AND ENFORCEMENT AUTHORITY.—

(1) BURDEN OF PROOF.—(A) DISCLOSURE AS CONTRIBUTING FACTOR IN REPRISAL.—

(i) IN GENERAL.—A person alleging a reprisal under this section shall be deemed to haveaffirmatively established the occurrence of the reprisal if the person demonstrates that a disclosure describedin subsection (a) was a contributing factor in the reprisal.

(ii) USE OF CIRCUMSTANTIAL EVIDENCE.—A disclosure may be demonstrated as acontributing factor in a reprisal for purposes of this paragraph by circumstantial evidence, including—

(I) evidence that the official undertaking the reprisal knew of the disclosure; or(II) evidence that the reprisal occurred within a period of time after the disclosure such that

a reasonable person could conclude that the disclosure was a contributing factor in the reprisal.(B) OPPORTUNITY FOR REBUTTAL.—The head of an agency may not find the occurrence of a

reprisal with respect to a reprisal that is affirmatively established under subparagraph (A) if the non-Federalemployer demonstrates by clear and convincing evidence that the non-Federal employer would have takenthe action constituting the reprisal in the absence of the disclosure.

(2) AGENCY ACTION.—Not later than 30 days after receiving an inspector general report undersubsection (b), the head of the agency concerned shall determine whether there is sufficient basis to concludethat the non-Federal employer has subjected the complainant to a reprisal prohibited by subsection (a)and shall either issue an order denying relief in whole or in part or shall take 1 or more of thefollowing actions:

(A) Order the employer to take affirmative action to abate the reprisal.

Page 41: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 5

(B) Order the employer to reinstate the person to the position that the person held before thereprisal, together with the compensation (including back pay), compensatory damages, employment benefits,and other terms and conditions of employment that would apply to the person in that position if the reprisalhad not been taken.

(C) Order the employer to pay the complainant an amount equal to the aggregate amount of all costsand expenses (including attorneys’ fees and expert witnesses’ fees) that were reasonably incurred by thecomplainant for, or in connection with, bringing the complaint regarding the reprisal, as determined by thehead of the agency or a court of competent jurisdiction.

(3) CIVIL ACTION.—If the head of an agency issues an order denying relief in whole or in part underparagraph (1), has not issued an order within 210 days after the submission of a complaint under subsection(b), or in the case of an extension of time under subsection (b)(2)(B)(i), within 30 days after the expiration ofthe extension of time, or decides under subsection (b)(3) not to investigate or to discontinue an investigation,and there is no showing that such delay or decision is due to the bad faith of the complainant, thecomplainant shall be deemed to have exhausted all administrative remedies with respect to the complaint,and the complainant may bring a de novo action at law or equity against the employer to seek compensatorydamages and other relief available under this section in the appropriate district court of the United States,which shall have jurisdiction over such an action without regard to the amount in controversy. Such an actionshall, at the request of either party to the action, be tried by the court with a jury.

(4) JUDICIAL ENFORCEMENT OF ORDER.—Whenever a person fails to comply with an order issuedunder paragraph (2), the head of the agency shall file an action for enforcement of such order in theUnited States district court for a district in which the reprisal was found to have occurred. In any actionbrought under this paragraph, the court may grant appropriate relief, including injunctive relief, compensatoryand exemplary damages, and attorneys fees and costs.

(5) JUDICIAL REVIEW.—Any person adversely affected or aggrieved by an order issued underparagraph (2) may obtain review of the order’s conformance with this subsection, and any regulations issuedto carry out this section, in the United States court of appeals for a circuit in which the reprisal is alleged inthe order to have occurred. No petition seeking such review may be filed more than 60 days after issuance ofthe order by the head of the agency. Review shall conform to chapter 7 of title 5, United States Code.(d) NONENFORCEABILITY OF CERTAIN PROVISIONS WAIVING RIGHTS AND REMEDIES ORREQUIRING ARBITRATION OF DISPUTES.—

(1) WAIVER OF RIGHTS AND REMEDIES.—Except as provided under paragraph (3), the rights andremedies provided for in this section may not be waived by any agreement, policy, form, or condition ofemployment, including by any predispute arbitration agreement.

(2) PREDISPUTE ARBITRATION AGREEMENTS.—Except as provided under paragraph (3), nopredispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arisingunder this section.

(3) EXCEPTION FOR COLLECTIVE BARGAINING AGREEMENTS.—Notwithstanding paragraphs(1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputesarising under the collective bargaining agreement.(e) REQUIREMENT TO POST NOTICE OF RIGHTS AND REMEDIES.—Any employer receivingcovered funds shall post notice of the rights and remedies provided under this section.(f) RULES OF CONSTRUCTION.—

(1) NO IMPLIED AUTHORITY TO RETALIATE FOR NON-PROTECTED DISCLOSURES.—Nothing in this section may be construed to authorize the discharge of, demotion of, or discriminationagainst an employee for a disclosure other than a disclosure protected by subsection (a) or to modify orderogate from a right or remedy otherwise available to the employee.

(2) RELATIONSHIP TO STATE LAWS.—Nothing in this section may be construed to preempt,preclude, or limit the protections provided for public or private employees under State whistleblower laws.(g) DEFINITIONS.—In this section:

(1) ABUSE OF AUTHORITY.—The term ‘‘abuse of authority’’ means an arbitrary and capricious exerciseof authority by a contracting official or employee that adversely affects the rights of any person, or thatresults in personal gain or advantage to the official or employee or to preferred other persons.

Page 42: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 6

(2) COVERED FUNDS.—The term ‘‘covered funds’’ means any contract, grant, or other paymentreceived by any non-Federal employer if—

(A) the Federal Government provides any portion of the money or property that is provided,requested, or demanded; and

(B) at least some of the funds are appropriated or otherwise made available by this Act.(3) EMPLOYEE.—The term ‘‘employee’’—

(A) except as provided under subparagraph (B), means an individual performing services on behalf ofan employer; and

(B) does not include any Federal employee or member of the uniformed services (as that term isdefined in section 101(a)(5) of title 10, United States Code).

(4) NON-FEDERAL EMPLOYER.—The term ‘‘non-Federal employer’’—(A) means any employer—

(i) with respect to covered funds—(I) the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor,

subcontractor, grantee, or recipient is an employer; and(II) any professional membership organization, certification or other professional body, any

agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of anemployer receiving covered funds; or

(ii) with respect to covered funds received by a State or local government, the State or localgovernment receiving the funds and any contractor or subcontractor of the State or local government; and

(B) does not mean any department, agency, or other entity of the Federal Government.(5) STATE OR LOCAL GOVERNMENT.—The term ‘‘State or local government’’ means—

(A) the government of each of the several States, the District of Columbia, the Commonwealth ofPuerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern MarianaIslands, or any other territory or possession of the United States; or

(B) the government of any political subdivision of a government listed in subparagraph (A).

Page 43: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 7

[INSERT WHISTLEBLOWER PROTECTION PDF HERE]

felmand
Stamp
Page 44: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 8

CERTIFICATE OF INSURANCE

TO: ________________________

Return this certificate to:

_____________________________________________________________________, WA ___________

This certifies to the Sunnyside Valley Irrigation District that the following described policies havebeen issued to the Insured named below and are in force at this time:

Insured________________________________________________________________________

Address________________________________________________________________________

Description of operations/locations/products (show contract name and/or number, if any)

Policies and Insureds Limits Policy Number Expiration Date Best's RatingBodily Injury Property

Damage

Page 45: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 9

GENERAL LIABILITY ENDORSEMENT

_____________________________________________________________________, WA ___________

Policy Information

1. Insurance CompanyPolicy Number

2. Policy Term: From ToEffective Date

3. Named Insured4. Address of Named Insured5. Limit of Liability Any One Occurrence/Aggregate: $6. Deductible of Self-Insured Retention (Nil unless otherwise specified)

B. Policy Amendments

This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistentstatement in the policy to which this endorsement is attached or any other endorsement attached thereto, it isagreed as follows:

1. INSURED. Owner, its elected or appointed officials, employees or volunteers are includedas insureds with regard to damages and defense of claims arising from (a) activities performed by or on behalfof the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned,leased or used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED. As respects (a) work performed by the NamedInsured for or on behalf of Owner, or (b) products sold by the Named Insured to Owner; or (c) premisesleased by the Named Insured from Owner, the insurance afforded by this policy shall be primary insurancerespects Owner, its elected or appointed officials, employees or volunteers; or stand in an unbroken chain ofcoverage excess of the Named insureds scheduled underlying primary coverage. In either event, any otherinsurance maintained by Owner, its elected or appointed officials, employees or volunteers shall be excess ofthis insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy: (1) if primary, affords coverage at least as broad asInsurance Services Office form number GL 0001 (Ed.07/98), Comprehensive General Liability Insuranceand (2) if excess, affords coverage which is at least as broad as the primary insurance forms referenced in thepreceding section (1).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separatelyto each insured who is seeking coverage or against whom a claim is made or a suit is brought, except withrespect to the Company's limit of liability.

5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT ORLOSS. Any failure to comply with reporting of the policy shall not affect coverage provided to Owner, itselected or appointed officials, employees or volunteers.

Page 46: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 10

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not besuspended, voided, canceled, reduced in coverage or in limits except after forty-five (45) days prior writtennotice by Certified Mail Return Receipt requested has been given to Owner. Such notice shall be addressedas shown in the heading of this endorsement.

C. Signature of Insurer or Authorized Representative of the Insurer

I, __________________________________ (print/type), warrant that I have authority to bind thebelow listed insurance company and by my signature hereon do so bind this company.

Signature of__________________________________________________________Authorized Representative (original signature required on endorsement furnished to the Owner.)

Organization

Title

Address

Telephone

Page 47: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 11

WORKER'S COMPENSATION

EMPLOYER'S LIABILITY ENDORSEMENT

_____________________________________________________________________, WA ___________

A. Policy Information

1. Insurance Company___________________________________________

Policy Number_______________________________________________

2. Effective Date of This Endorsement_______________________________

3. Named Insured_______________________________________________

4. Employer's Liability Limit (Coverage B)___________________________

B. Policy Amendments

In consideration of the policy premium and notwithstanding any inconsistent statement in the policy towhich this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided,canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by Certified MailReturn Receipt Requested has been given to Owner. Such notice shall be sent to the address given in the headingof this endorsement.

2. Waiver of Subrogation. The Company agrees to waive all rights of subrogation againstOwner, its elected or appointed officials, agents and employees for losses paid under the terms of this policywhich arise from work performed by the Named Insured for Owner.

C. Signature of Insurer or Authorized Representative of the Insurer

I, __________________________________ (print/type), warrant that I have authority to bind thebelow listed insurance company and by my signature hereon do so bind this company.

Signature of__________________________________________________________Authorized Representative (original signature required on endorsement furnished to the

_________________________________

Organization

Title

Address

Telephone

Page 48: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 12

AUTOMOTIVE LIABILITY ENDORSEMENT

_____________________________________________________________________, WA ___________

A. Policy Information

1. Insurance CompanyPolicy Number

2. Policy Term: From ToEffective Date

3. Named Insured4. Address of Named Insured5. Limit of Liability Any One Occurrence/Aggregate: $6. Deductible of Self-Insured Retention

(Nil unless otherwise specified)

B. Policy Amendments

This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistentstatement in the policy to which this endorsement is attached or any other endorsement attached thereto, it isagreed as follows:

1. INSURED. Owner, its elected or appointed officials, employees or volunteers are includedas insureds with regard to damages and defense of claims arising from (a) activities performed by or on behalfof the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned,leased or used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED. As respects (a) work performed by the NamedInsured for or on behalf of Owner, or (b) products sold by the Named Insured to Owner; or (c) premisesleased by the Named Insured from Owner, the insurance afforded by this policy shall be primary insurancerespects Owner, its elected or appointed officials, employees or volunteers; or stand in an unbroken chain ofcoverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any otherinsurance maintained by Owner, its elected or appointed officials, employees or volunteers shall be excess ofthis insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy requires Insurance Service Office Form CA0001(07-97) or equivalent covering Automotive Liability, Symbol 1 (any auto).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separatelyto each insured who is seeking coverage or against whom a claim is made or a suit is brought, except withrespect to the Company's limit of liability.

5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT ORLOSS. Any failure to comply with reporting of the policy shall not affect coverage provided to Owner, itselected or appointed officials, employees or volunteers.

Page 49: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 13

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not besuspended, voided, canceled, reduced in coverage or in limits except after forty-five (45) days' prior writtennotice by Certified Mail Return Receipt requested has been given to Owner. Such notice shall be addressedas shown in the heading of this endorsement.

C. Signature of Insurer or Authorized Representative of the Insurer

I, __________________________________ (print/type), warrant that I have authority to bind thebelow listed insurance company and by my signature hereon do so bind this company.

Signature of_____________________________________________________________Authorized Representative (original signature required on endorsement furnished to Owner.)

Organization

Title

Address

Telephone

Page 50: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 14

PERFORMANCE AND PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: THAT whereas Sunnyside Valley Irrigation District,Sunnyside, Washington, a municipal corporation has awarded to:

(Contractor)

hereinafter designated as the “Principal” a contract for work items, which contract consists of theProposal/Agreement, together with the Contract Documents, Specifications, Addenda and Plans, all ashereto attached and made a part hereof, and more particularly described as:

Enclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

and whereas said principal is required under the terms of said contract to furnish a bond for the faithfulperformance of said contract:

NOW, THEREFORE, we the Principal and ____________________________________________, acorporation, organized and existing under and by virtue of the laws of the State of Washington, and dulyauthorized to do business in the State of Washington as surety, are firmly bound unto Sunnyside DivisionBoard of Control in the sum of _________________________________________________________________________________________________ dollars ($____________________) lawful money of theUnited States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs,executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and trulykeep and perform the covenants, conditions and agreements in said contract, and shall faithfully perform allthe provisions of such contract, and shall also well and truly perform and fulfill all the undertakings,covenants, terms, conditions and agreements of any and all duly authorized modifications of said contractthat may hereafter be made, at the time and in the manner therein specified; and shall pay all laborers,mechanics, subcontractors and materialmen, and all persons who shall supply such person or persons, orsubcontractors, with provisions and supplies for the carrying on of such work on his or their parts; and shallindemnify and hold harmless the Owner's Engineer, its officers and agents, from any loss or damageoccasioned to any person or property by reason of any carelessness or negligence on the part of saidprincipal, or any subcontractor, in the performance of said contract or any modifications thereof; and shallfurther indemnify and save harmless Sunnyside Division Board of Control, its officers and agents, from anydamage or expense by reason of failure of performance as required by said contract, or any modificationsthereof, or from defects appearing or developing in the material or workmanship provided or performedunder said contract within a period of one year after acceptance thereof by Sunnyside Division Board ofControl, then this obligation shall become null and void, otherwise it shall be and remain in full force andeffect.

And said surety, for value received, hereby further stipulates and agrees that no change, extension of time,alteration or addition to the terms of the contract or to the work to be performed thereunder or thespecifications accompanying the same shall in any way affect its obligation on this bond, and it does herebywaive notice of any change, extension of time, alternations or additions to the terms of the contract or thework or to the specifications. This Bond is provided pursuant to and shall be construed in accordance withRCW 39.08.

Page 51: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 15

IN WITNESS THEREOF, the said Principal and the said surety caused this bond and three (3) counterpartsthereof to be signed and sealed by their duly authorized officers, this ______ day of ___________________,20__.

Principal

By

Title

ATTEST (If Corporation) WITNESSES (If Individual or Partnership)

CORPORATE SEAL

By

Title

APPROVED AS TO FORM

Surety

By By

( Attorney for )

Address of local office and agent of Surety Company is:

Page 52: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 16

Certification of Industrial Insurance Paid and Request for Release

Prior to project closeout and release of retainage the Contractor shall provide the Owner with thefollowing information for all work on the project including subcontractors work:

Complete and submit the statement provided below certifying that all industrial insurancehas been paid for all work performed on this project

Certification of Industrial Insurance Paid

I __________________________ (Contractor) hereby certify that all industrial insurance has beenpaid to the State of Washington as required by law for all work on this project including the work ofsubcontractors and that the Owner shall be indemnified and held harmless from any and all claimsarising from disputes over payment of industrial insurance with the State or any other person orentity.

Signature __ Date _____________________

Business Name ___

L & I Account ID_________________________________

Unified Business ID (UBI)_________________________

Page 53: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

GENERAL CONDITIONS

Page 54: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

8/23/2010 8:38 AM 1

GENERAL CONDITIONS

01. Scope

These are general conditions to all contracts between the Sunnyside Division Board of Control (Owner) and Contractor.

02. Definitions

The following terms as used in this Contract shall be defined and interpreted as follows:

A. "Contract" or "this Contract": the particular contract executed by Contractor and Owner, of which these generalconditions are integral parts.

B. "Contract Documents": Contract Documents shall consist of the following, and in case of conflicting provisions,the first mentioned shall have precedence:

Change Orders or Supplemental Drawings and Instructions After the Agreement is Signed

Addenda

Agreement

Plans

Instructions to Bidders

Agency Standard Details

General Conditions

Technical Specifications

Performance and Payment Bond

C. "Owner": the entity that is a part of this Contract, contracting under the official name set forth in the agreement.

D. "Contractor": the person, partnership, firm or corporation contracting to do the work under these ContractDocuments. Term shall also include Contractor's agents, employees, and subcontractors. Legal address is shownin the proposal.

E. "Engineer": the Owner’s utilities Engineer or his duly authorized assistants, which includes chief Engineer andproject Engineer and/or inspectors, acting as agents for Owner in the administration of this Contract, for thebenefit of Owner in accordance with Contract Documents. Legal address of Engineer and the names of the chiefEngineer and project Engineer are shown in the information for bidders.

F. "Project": the structure or improvement to be constructed in whole or in part through the performance of theContract.

G. "Plans": the Plans shall mean all official drawings or reproductions of drawings made or to be made pertaining tothe work provided for in the Contract, or to any structure connected therewith.

H. "Specifications": the specifications shall mean the prescribed directions, requirements, explanations, terms andprovisions pertaining to the various features of the work to be done, or manner and method of performance, andthe manner and method of measurements and payments. They also include directions, requirements, andexplanations as set forth on the Plans.

I. "Reference Specifications": reference specifications shall mean the Technical Specifications of other agenciesincorporated or referred to herein.

J. "Proposal": the proposal shall mean the approved proposal form upon which the bidder is to submit, or hassubmitted, his proposal or bid for performing the work contemplated.

Page 55: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 2

K. "Work": the work necessary to manufacture and/or deliver the agreed upon machinery, equipment and materialand/or the furnishings of all labor, tools, materials, equipment, or construction equipment as required.

L. "Item": a convenient subdivision of work under these specifications, as herein separately described.

M. "Major contract (bid) item": any item whose contract price exceeds 10% of the total contract price, as determinedby original proposed quantities and unit contract prices.

N. "Material or materials": these words shall be construed to embrace machinery, manufactured articles, materials ofconstruction (fabricated or otherwise) and any other classes of material to be furnished in connection with theContract.

O. "Equipment": the machinery, accessories, appurtenances, and manufactured articles to be furnished and/orinstalled under the Contract.

P. "Contractor's equipment": all items of materials or equipment remaining in Contractor's ownership and removedfrom the site upon completion of the project.

Q. "Or equal": any manufactured article, material, method, or work which, in the opinion of Engineer, is equallydesirable or suitable for the purposes intended in these Specifications and Contract, as compared with similararticles specifically mentioned herein.

R. "Supplemental drawings and instructions" All details or drawings prepared and issued by the Engineer subsequentto the signing of the Contract, providing further explanation or amplifications of the Contract Drawings, or for therevision of the same, all as herein provided. The Engineer may furnish, at their sole discretion, upon writtenrequest of Contractor, with reasonable promptness, additional instructions by means of drawings or documentsnecessary, in the opinion of the Engineer, for the proper execution of the work. All such drawings andinstructions shall be consistent with the Contract Documents.

S. "Words and phrases": whenever the words, "as directed", "as required", "as permitted", or words of like effect areused, it shall be understood that the direction, requirements or permission of Owner and Engineer is intended.Words, "sufficient", "necessary", "proper", and the like shall mean sufficient, necessary, or proper in the judgmentof Owner and Engineer. Words, "approved", "acceptable", "satisfactory", or words of like importance shall meanapproved by or acceptable to Owner and Engineer.

T. "Contract price": either the unit price, the unit prices, or lump sum price or prices named in the proposal, or inproperly executed change orders.

U. "Surety": any firm or corporation executing a surety bond or bonds payable to Owner, securing the performanceof the Contract either in whole or in part.

V. "Time limits": all time limits stated in Contract Documents are of the essence of the Contract.

W. "Points": wherever reference is made to Engineer's points, this shall mean all marks, benchmarks, reference points,stakes, hub, tacks, etc., established by Engineer for maintaining horizontal and vertical control of the work.

X. "Conflict of provisions": in the event of any conflict between any provision or requirement of the componentparts of this Contract, the component part having the highest order of sequence, as established in paragraph B,shall govern.

Y. "Standard Specifications": whenever reference is made to "Standard Specifications" it shall mean the latest editionof the WSDOT and APWA Standard Specifications for Road, Bridge, and Municipal Construction.

Z. "Working Days": Every day will be counted as a working day unless it is a nonworking day or an Engineerdetermined unworkable day. A nonworking day is defined as a Saturday, a Sunday, a day on which the contractspecifically suspends work, or one of the following holidays:

January 1Third Monday of JanuaryThird Monday of February

Page 56: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 3

Memorial DayJuly 4Labor DayNovember 11Thanksgiving DayThe day after ThanksgivingChristmas Day

If any of these holidays fall on a Saturday, the preceding Friday shall be a nonworking day. If the any of theholidays fall on a Sunday, the following Monday shall be a nonworking day.

The days between December 25 and January 1 will be classified nonworking days, provided that the Contractoractually suspends work on the project.

An unworkable day is defined as a partial or whole day the Engineer declares to be unworkable because of weather,conditions caused by the weather or such other conditions beyond the control of the Contractor that preventssatisfactory and timely performance of the work, and such performance, if not hindered, would have otherwiseprogressed toward physical completion of the work.

AA. "Final Acceptance": When the contract work is complete and the Owner has full use and benefit of the materials,and all minor incidental work including corrections or repairs and all punch list items are complete to thesatisfaction of the Owner, the Owner may determine Final Acceptance of the contract work. The Engineer orOwner may notify the Contractor in writing of the Final Acceptance date.

BB. “Lowest Responsive Bidder”: In addition to price, the Owner shall determine the lowest responsible bidder takinginto consideration factors such as:(a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;(b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;(c) Whether the bidder can perform the contract within the time specified;(d) The quality of performance of previous contracts or services;(e) The previous and existing compliance by the bidder with laws relating to the contract or services;(f) Such other information as may be secured having a bearing on the decision to award the contract

03. Abbreviations

Whenever the following abbreviations are used on the Plans, Specifications, Proposals and Contracts, they shall beconstrued to mean the words and terms as listed below:

A acreAC asbestos cementAF acre-feetADJ adjustAIA American Institute of ArchitectsAISC American Institute of Steel ConstructionAITC American Institute of Timber ConstructionANSI American National Standard InstituteAsp. Pav. asphalt pavementAsp. Conc. Pav. asphalt concrete pavementASTM American Society for Testing and MaterialsATB asphalt treated baseave avenueAWS American Welding SocietyAWWA American Water Works Associationbk bookblvd boulevardbo blow offcb catch basin

Page 57: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 4

cb. Inlet curb inletci cast ironcip cast iron pipecivb cast iron valve boxcl centerlinecmp corrugated metal pipecmu concrete masonry unitconc. concreteconc. Cb. concrete curbconc. Pav. concrete pavementconc. Ret. Wall concrete retaining wallconc. Sew. concrete sewercond. conduitconn connectcr crossctb cement treated basec to c center to centercu cubicddwsp double dipped and wrapped steel pipeDFPA Douglas Fir Plywood Associationdw drive or drivewaye eastelev. elevationex, exist. existingexc excavationfbm foot board measurefh fire hydrantfl flangeft, ft2, ft3 foot, square feet, cubic feetga gaugegip galvanized iron pipegpad gallons per acre daygph gallons per hourgpm gallons per minuteg stl p galvanized steel pipegv gate valvehyd hydranthyd ext hydrant extensionid or dia inside diameterin, in2, in3 inch, square inch, cubic inchinl inletl lengthlbs poundslf lineal feetLTF length to fitmax maximummb mail boxmc monument casemin minimummgd million gallons per daymh manholemj mechanical jointn northnic not in contractno. numbernrs non rising stemod outside diameterpav pavementpc point of curvaturepjm premolded expansion joint material

Page 58: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 5

pl property linepl placeplk plankingpos positionpp power polepri primaryprop proposedpsf pounds per square footpsi pounds per square inchpt point of tangencyr radiusrc reinforced concretercp reinforced concrete piperem removerepl replacers rising stems southsec secondarys sewersp specialsq squaress side sewer or sanitary sewersSSPC Steel Structure Painting Councilstd standardtemp temporarytrans transformerUSAS U.S.A. Standardsvc vertical curvev ch valve chambervg vertical grainw west or watermainwm water meterAPWA American Public Works AssociationWSDOT Washington State Department of Transportationwsp wood stave pipeyd yard

04. Execution, Correlation and Intent of Documents

A. Contract Documents are complementary, and what is called for by any one document shall be as binding as ifcalled for by all. The intention of the documents is to include all labor and materials, equipment and transportationnecessary for the proper execution of the work except where material or equipment is specifically excepted.Materials or work described in words which so applied have a well-known technical or trade meaning shall be heldto refer to such recognized standards.

B. It is intended that work not covered under any heading, section, branch, class or trade of the specifications shall besupplied if it is shown on the drawings or is reasonably inferable as being necessary to produce the intendedresults. Minor items of work or material omitted from the original plans or specifications, but clearly inferable fromthe information presented and which are called for by accepted good practice shall be provided and/or performedby Contractor as part of his original cost.

C. Where Contract Documents refer to referenced specifications, such specifications shall be applicable to technicalprovisions only, unless otherwise designed.

Page 59: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 6

05. Plans and Specifications – Omissions and Discrepancies

Upon receipt of award of contract, Contractor shall carefully study and compare all drawings, specifications and otherinstructions, and shall, prior to performing work, report in writing to Engineer any error, inconsistency or omission inrespect to design, mode of construction or cost which he may discover. If Contractor, in the course of this study or in theaccomplishment of the work, finds any discrepancy between the specifications and/or drawings and the physical conditionof the locality, or any such errors or omissions in respect to design, method or cost in the plans and specifications, it shall behis duty to inform Engineer immediately in writing and Engineer shall promptly check the same. Any work done after suchdiscovery, until correction of drawings and/or specifications or authorization of extra work is given, will be done atContractor's risk. If extra work is involved, the procedure shall be as provided in “Changes in the Work”.

06. Examination of Site(s) of Work

Before submitting his bid, the bidder shall examine the site(s) of the work and ascertain for himself all the physicalconditions in relation thereto. Failure to do this shall not relieve the bidder from entering into a contract nor excuse himfrom performing the work in strict accordance with the terms of the Contract and Specifications. He will not be entitled toadditional compensation if he subsequently finds the conditions to require other methods or equipment that he did notanticipate in making his unit contract bid prices.

Any statement or representation made by an officer, agent or employee of Owner with respect to the physical conditionspertaining to the site of the work shall not be binding upon Owner.

07. Status of Engineer

A. Engineer shall act as advisor and consultant to represent Owner in engineering matters relating to the Contract,provided, however, nothing contained herein or elsewhere in Contract Documents shall be construed as requiringEngineer to direct the method or manner of performing any work by Contractor under this Contract. Owner, orhis duly authorized official, has authority to stop the work whenever, in his opinion, such stoppage may benecessary to ensure the proper execution of the Contract. Engineer may reject all work and materials which, in hisopinion, do not conform to the Contract.

B. It is understood and agreed by and between the parties hereto that the work included in the Contract is to be doneto the complete satisfaction of Engineer, or his duly authorized representative, and that the decision of Engineer asto the true construction and meaning of the Contract, Plans, Specifications, and estimates, and as to all questionsarising as to proper performance of the work shall be final. Engineer shall determine the unit quantities and theclassification of all work done and materials furnished under the provisions of this agreement and hisdetermination thereof shall be final and conclusive and binding upon Contractor.

C. Engineer shall decide any and all questions which may arise as to the quality or acceptability of materials furnishedand work performed, and all questions as to acceptable fulfillment and performance of the Contract on the part ofContractor and as to compensation. Decision of Engineer in such matters shall be final.

D. Engineer may direct the sequence of conducting work when it is in locations where Owner is doing work either byContract or by his own forces, or where such other works may be affected by the contract, in order that theconflict may be avoided and the work under these specifications be harmonized with that under other contacts, orwith other work being done in connection with, or growing out of, operations of Owner. Nothing hereincontained, however, shall be taken to relieve Contractor of any of his obligations or liabilities under the contract.

E. Neither Engineer nor his representatives have authority to waive the obligation of Contractor to perform the workin accordance with Contract Documents. Failure or omission on the part of Engineer or his representatives tocondemn unsuitable, inferior or defective work and/or labor or material or equipment furnished under theContract shall not release Contractor or his bond from performing the work in accordance with ContractDocuments.

Page 60: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 7

08. Engineer's Decision

A. Engineer shall, within a reasonable time after presentation of written claims by Contractor to him, make decisionsin writing on all claims and on all matters relating to the execution and progress of the work or the interpretationof Contract Documents. Contractor must make all claims in writing. Oral instructions shall be disregarded byContractor. Notice of all claims shall be addressed to the chief Engineer at the address of Engineer given inContract Documents.

B. All the decisions of Engineer shall be final, except in cases where disputed time and/or increase of the contractprice is involved, which, if no agreement in this regard thereto is reached, shall be subject to determination by acourt of competent jurisdiction. In respect to performance of the work prior to any such determination, ifContractor does proceed with the work which is the subject of dispute, he does so at his own risk pending suchdetermination.

09. Contractor's Representations and Warranty

In making a proposal under these Contract Documents, Contractor represents and warrants that he has satisfied himself asto construction conditions by personal examination of the plans, specifications, site of the proposed work, and byappropriate examination and investigation as to the nature of problems which may be encountered by reason thereof.Contractor also warrants and represents himself to be experienced and an expert in the materials contemplated. Contractorfurther understands that in making the contract award, Owner is relying upon the representations and warranties ofContractor herein contained.

10. Inspection and Tests

A. Engineer and his representatives shall at all times have access to the work to observe the progress and qualitywherever it is in preparation or progress, and Contractor shall provide proper facilities for such access and fornecessary inspection testing. If any work shall be covered up without approval or consent of Engineer, it must, ifrequired by Engineer, be uncovered for inspection at Contractor's expense. After inspection, a reexamination ofquestioned work may be ordered by Engineer, and if so ordered, the work shall be uncovered by Contractor. Ifsuch work is found by Engineer to be in accordance with Contract Documents, Owner shall pay the cost ofreexamination and replacement. If such work is not found in accordance with Contract Documents, Contractorshall pay such costs.

B. Contractor shall make reasonable tests of the work at Contractor's expense upon Engineer's request, and shallmaintain a record of such tests. Prior to the time scheduled for a performance test to be observed by Engineer,Contractor shall make whatever preliminary tests are necessary to assure that the material and/or equipment are inaccordance with the specifications. If, for any reason, the test observed by Engineer is unsatisfactory, Contractorshall pay all costs incurred by Engineer for the inspection of the unsatisfactory test in the manner specified forliquidated damages.

C. Should Contractor elect to work more than 8 hours per day, or more than 5 days per week, or on holidays, duringthe course of the stated contract time limit, all costs of Engineering and inspection thus entailed will be charged toContractor, at 2 times payroll costs. Such charges will be billed directly to Contractor by Owner and said cost shallbe a lien against Contractor's work. In the event Contractor fails to pay said bill or bills by the 30th day of themonth billed, such payments may be handled in accordance with paragraph 48 of these specifications. In additionto the above, where the inspector furnished for the project is an employee of Owner, Contractor shall reimburseOwner for all inspection time required on holidays which are a part of Owner's normal holiday schedule.

D. Where specifications, Engineer's instructions, laws, ordinances or any government authority require any work to bespecially tested, or inspected, Contractor shall give Engineer timely notice that such test of completed work isready for inspection. If the inspection is by another authority than Engineer, Contractor shall give Engineer timelynotice of the date fixed for such inspection. Required certificates of inspection by authority other than Engineershall be secured by Contractor.

Page 61: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 8

11. Final Inspection and Acceptance

All materials and completed work are subject to final inspection by Engineer before acceptance by Owner. Engineer mayrequire and shall have the right to subject all machinery and equipment and work to such test, as in his opinion, will assist indetermining whether the work has been performed in accordance with Contract Documents. All such tests shall be at theexpense of Contractor.

Final Acceptance shall be when the Owner accepts the materials as conforming to the project plans and specificationsincluding completion of punch-list items.

12. Ownership of Specifications, Contract Documents and Plans

All drawings, specifications, contract documents and copies thereof prepared or furnished by Engineer are his property.They are not to be used on other work, and with the exception of the signed contract set, are to be returned to him uponcompletion of the work.

13. Notice of Award

A. A notice of award will be forwarded by the Owner to the successful Contractor. Notice of award will beaccompanied by the agreement to be signed by Contractor and returned to Owner within ten (10) working daysfrom receipt, along with the following items:

Progress schedule

Public liability insurance policy

Performance bond

Materials list

Schedule for values of lump sum work

B. Award of contract, if made, will be made to the lowest responsible bidder. No award will be made until necessaryinvestigations are made by Owner as to the responsibility of the apparent low bidder. Owner shall be the solejudge as to the responsibility of the bidder to satisfactorily perform the work as specified and within the time limitset. Upon failure of Contractor to enter into a Contract and to submit documents listed above within ten (10)working days after receiving notice of award, the bid deposit shall be forfeited to Owner. Award may then, at thediscretion of Owner, be made to the next lowest responsible bidder or the work may be re-advertised, or may becompleted by Owner, in any legal manner.

14. Notice to Proceed

Notice to Proceed is the official notice from Engineer on behalf of Owner to Contractor to commence prosecution of thework, and commences the running of the time for completion of the work. Notice to Proceed will generally be given withintwo weeks of notice to Contractor of award of contract. No work shall be commenced by Contractor prior to receipt ofNotice to Proceed.

15. Work Hours

As described herein, work hours shall mean hours for the delivery and unloading of materials provided under this contract:Except in the case of emergency or unless otherwise approved by the Owner, the normal straight time working hours for

Page 62: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 9

the contract shall be any consecutive 8-hour period between 8:00 a.m. and 4:00 p.m. of a working day with a maximum 1-hour lunch break and a 5-day work week. The normal straight time 8-hour working period for the contract shall beestablished at the preconstruction conference or prior to the Contractor commencing the work.

If a Contractor desires to perform work on holidays, Saturdays, Sundays, or before 7:00 a.m. or after 6:00 p.m. on any day,the Contractor shall apply in writing to the Engineer for permission to work such times. Permission to work longer than an8-hour period between 7:00 a.m. and 6:00 p.m. is not required. Such requests shall be submitted to the Engineer no laterthan noon on the working day prior to the day for which the Contractor is requesting permission to work.

Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m.and 9:00 a.m. on weekends or holidays may also be subject to noise control requirements. Approval to continue workduring these hours may be revoked at any time the Contractor exceeds the Owner’s noise control regulations or complaintsare received from the public or adjoining property owners regarding the noise from the Contractor’s operations. TheContractor shall have no claim for damages or delays should such permission be revoked for these reasons.

Permission to work Saturdays, Sundays, holidays or other than the agreed upon normal straight time working hours Mondaythrough Friday may be given subject to certain other conditions set forth by the Owner or Engineer. These conditions mayinclude but are not limited to: requiring the Engineer or such assistants as the Engineer may deem necessary to be presentduring the work; considering the work performed on Saturdays, Sundays, and holidays as working days with regards to thecontract time; and considering multiple work shifts as multiple working days with respect to contract time even though themultiple shifts occur in a single 24-hour period. Assistants may include, but are not limited to, survey crews; personnel fromthe Owner’s material testing lab; inspectors; and other Owner employees when in the opinion of the Engineer, such worknecessitates their presence.

16. Progress Schedule

A. Progress schedule shall set forth the order in which Contractor plans to perform the work. Schedule may be ingraph or tabular form, and shall include the date of submission for approval of drawings as may be required,starting dates for delivery of the materials, and completion date of the project.

B. Progress schedule shall coordinate the work of Contractor with the work of other contractors in respect to theavailability of job sites upon completion of other work to be performed by other contractors. Progress schedulemay be altered or revised by Engineer in the interest of public safety, welfare or the interest of Owner, or forcoordination with any other activity of other contractors, the availability of all or portions of the job site, or specialprovisions of this contract, or to reasonably meet the completion date of the project.

C. Contractor shall promptly report to Engineer any conditions which Contractor feels will require revision of theschedule and shall promptly submit proposed revisions in the progress schedule for acceptance by Engineer.Revised schedule shall be followed by Contractor.

17. Schedule for Values of Lump Sum Work

If payments are to be made on lump sum items, Contractor shall submit a preliminary schedule of values of the variousparts of work, including quantities, aggregating the total sum of the contract, made out in such form as Owner may require,and if required, supported by such evidence as to its correctness as Owner or Engineer may direct. Owner shall furthermodify the schedule at their discretion to adequately account for work progress. Owner finalized schedule shall be final andused as the basis for certificates for payments for lump sum work. Contractor shall submit estimates of the percentage ofwork completed, and payment will be based upon the Owner finalized schedule of values for the work.

18. Material and Equipment - Material and Equipment List

A. All materials and equipment shall be new and shall be as specified in Contract Documents, or, if not specified, shallbe of a quality approved by Engineer. All materials and equipment furnished are warranted by Contractor as new

Page 63: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 10

and in accordance with the Plans and Specifications, if specified therein, and as suitable for the intended purpose.In addition thereto, Contractor shall furnish Owner with copies of the Contractor's warranty, and adopt the sameas the warranty of Contractor, and shall also be liable thereon to Owner.

B. For each proposed substitution Contractor shall submit samples, descriptive and technical data, and reports of teststo Owner for approval. Contractor shall also indicate the difference in contract cost by reason of the proposedsubstitution. No substitute items shall be furnished or installed without Owner's written approval. Contractorshall reimburse Owner for any additional Engineering charges and for any charges for changes in the work of othercontractors resulting from substitutions.

C. Contractor shall file five (5) copies of a pre-manufacture submittal with Engineer. This submittal will be checkedby Engineer as to conformity with the Plans and Specifications. Engineer will pass upon the submittal withreasonable promptness, indicating required corrections. Contractor shall make any required corrections and filetwo (2) corrected copies with Engineer within one week after receipt of the required corrections. Engineer'sreview and acceptance of the lists shall not relieve Contractor from responsibility for suitability for the intendedpurpose nor for deviations from the drawings and specifications unless Contractor has in writing called Engineer'sattention to such deviations at the time of submittal, and secured Engineer's written approval for such deviation.

D. In the event that Contractor shall request, or submit, an alternate material for some portions of his work, Engineerwill consider such alternate designs with reasonable promptness. Such request for either a design review fromalternate plans submitted by Contractor, or request for a redesign initiated by Contractor as set forth above shall bemade in writing to Engineer. When Contractor submits plans for an alternate material it shall be in the form ofreproducible drawings.

Provided that such proposed alternate material or requested redesign appears reasonable and satisfactory toEngineer, Engineer will perform an Engineering review of the proposed alternate material or, if requested byContractor, Engineer will perform an Engineering redesign of the work to assure its compatibility within theframework of the complete operating unit or system.

Cost of Engineering review of the proposed alternate, or the cost of an Engineering redesign as requested byContractor will be billed to Contractor by Engineer at the rate of two times Engineer's direct payroll costs, plusdirect expenses directly attributable to the work.

E. Hourly rates for each piece of equipment used on the job shall be provided to the Owner. Equipment rates shallbe per the most recent AGC/bluebook compilation.

19. Labor, Materials, Equipment, Facilities, and Workmen

A. Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, and other facilitiesnecessary for the execution and completion of the work, except as otherwise stipulated in Contract Documents.

B. Contractor shall satisfy himself as to the character of the work and quantities of materials required to complete theproject. Quantities in the bid documents are approximate and payment will be made for the exact quantitiesmeasured in accordance with the measurement and payment section of this contract.

C. Contractor shall, at all times, enforce strict discipline and good order among his employees and shall not employon the work any person unfit or not skilled in the work assigned to him. Employees or agents of Contractor who,in the opinion of Engineer, may impair the quality of the work shall forthwith be discharged by Contractor uponthe written request of Engineer.

D. During the term of this contract, neither party shall employ nor hire any employee of the other party, nor ofEngineer, without the written consent of the other party or of Engineer. Contractor shall not use any workperformed or any information obtained from any employee hired in violation of this provision in making a claimagainst Owner or Engineer and shall also be liable to Owner as liquidated damages in an amount equal to doublethe amount of salary or wages paid to any such employee so hired in violation hereof.

Page 64: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 11

E. Necessary sanitation conveniences for the use of workmen on the job, properly secluded from public observation,shall be provided and maintained by Contractor.

20. Materials and Equipment Furnished by Owner

Contractor shall receive, inspect and accept all Owner-furnished items of material and equipment, subject only to latentdefects. Claims by Contractor to Owner shall be made in writing within five (5) days after discovery of any latent defect. Inany event, the liability of Owner to Contractor for furnishing an item having a latent defect is limited to damages or lossresulting from use thereof only to extent that such loss or damage is recoverable by Owner against the Contractor.

Contractor shall supply the Owner with a detailed account of any loss associated with the latent defect. Owner shall includein their claim the amount of damage identified by the Contractor. The Owner shall be responsible for pursuing the claimagainst the Contractor of the materials provided to the Owner used/installed by the Contractor. The Contractor agrees tocooperate with Owner in furnishing facts or data to assist the Owner in prosecuting such action.

21. Samples

Contractor shall furnish for approval all samples as directed by Engineer. Finished work shall be in accordance withapproved samples. Approval of samples by Engineer does not relieve Contractor of performance of the work in accordancewith Contract Documents.

22. Determination of "Or Equal"

Engineer shall be the sole judge in the question of "or equal" of any supplies or materials proposed by Contractor.Contractor shall pay Owner the cost of tests and evaluations by Engineer to determine acceptability of alternates proposedby Contractor, in accordance with the established rates of Engineer for time and expense work, the total cost of which maybe offset by Owner against the contract price.

23. Royalties and Patents

Contractor shall be liable for all suits brought against Owner by reason of infringement of patent rights or licenses on anymaterials, machine, appliance or process he may use on the work or incorporate into the finished job, except wherespecifically exempted by special provisions. Prices named in the proposal shall include payment of royalties, if any.Contractor shall defend and hold Owner harmless from any such suit, costs of defense and any judgment which may bemade or entered against Owner thereon.

24. Lands for Work (Material Delivery Sites)

Owner will furnish all lands and rights-of-way necessary for carrying out this Contract and completion of the work hereincontemplated, and will use due diligence in acquiring said lands and rights-of-way as speedily as possible. It is possible thatall lands and rights-of-way may not be obtained as herein contemplated before material delivery begins, in which eventContractor shall perform his work upon such land and rights-of-way as Owner may have previously acquired and no claimfor damages whatever will be allowed by reason of the delay in obtaining the remaining land and rights-of-way. ShouldOwner be prevented or enjoined from proceeding with the work, or from authorizing its prosecution, either before or afterthe giving of notice to proceed by reason of any litigation, or by reason of its inability to procure any lands or rights-of-wayfor said work, Contractor shall not be entitled to any damages, costs, expenses, additional compensation or loss of profits byreason of said delay, or to withdraw from the Contract except by consent of Owner. Time for completion of the work due

Page 65: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 12

to the time lost by such delay shall be extended by Owner in writing if so requested by the Contractor. Contractor mayterminate the Contract as provided in paragraph 40.

25. Permits, Laws and Regulations

A. Permits, permission under franchises, licenses and bonds of a temporary nature necessary for and during theprosecution of the work, and inspection fees in connection therewith shall be secured and paid for by Contractoras directed in the technical specifications. Where Owner is required to secure such permits due to Contractor’sinability to secure such permits as directed in the technical specifications, permission under franchises, licenses andbonds and pay the fees, the costs incurred by Owner thereby shall be charged against Contractor and offset byOwner against the contract price.

B. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conductof the work required by Contract Documents. If Contractor observes that Contract Documents or any partthereof are inconsistent or at variance therewith, he shall promptly notify Engineer in writing, and any necessarychanges shall be made as provided in the Contract for changes in the work. If Contractor performs any workcontrary to such laws, ordinances, rules and regulations, or prior to obtaining permits, permission under orobtained by Owner, he does so at his own risk and without payment or reimbursement therefore from Ownerunless Owner shall have given written approval thereof to Contractor.

C. Wherever the law of the place of construction requires a sales, consumer, use or similar tax, Contractor shall paysuch tax.

26. Points and Instructions

A. Contractor shall preserve benchmarks, reference points and stakes, and, in case of destruction or removal thereoffor any reason, Contractor is responsible for the resulting costs for replacement and shall be responsible for anymistakes and loss or damage arising there from which may be caused by the absence, destruction, removal ordisturbance thereof.

27. Payment of Prevailing Wages

This contract is subject to the minimum wage requirements of the Davis-Bacon Act (40 U.S.C. 31) as required by Section1606 of the American Reinvestment and Recovery Act (ARRA). ARRA Section 1606 requires that all laborers andmechanics employed by contractors and subcontractors on projects funded directly or assisted in whole or in part by andthrough the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing onprojects of a similar character in the locality as determined by the Secretary of Labor in accordance with 40 U.S.C. 31.

The Contractor, any subcontractor, and all individuals or firms required by ARRA Section 1606 to pay minimum prevailingwages, shall not pay any worker less than the minimum hourly wage rates and fringe benefits required by ARRA Section1606. Higher wages and benefits may be paid.

28. Protection of Work and Safety

A. Contractor shall continuously maintain adequate protection of the work from damage and shall protect Owner'sproperty from injury or loss arising in connection with or during the existence of this contract. He shall make good anysuch damage, injury, or loss, except such as may be directly due to errors in Contract Documents or caused by agents oremployees of Owner. He shall adequately protect adjacent property from loss or damage occasioned by performanceof the work.

Page 66: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 13

B. Contractor shall bear the risk of loss or damage for all finished or partially finished work until the entire Contract isaccepted by Owner

29. Work on Streets

Workmen shall wear proper safety equipment, hardhats, fluorescent vests, etc., in accordance with the Local Codes, WISHAand OSHA.

30. Existing Utilities or Obstructions

A. Contractor's work shall be confined to Owner's premises and project sites, including easements and constructionpermit limits, whenever possible. He shall not enter upon or place materials on other property except by writtenconsent of the individual Owner, and he shall hold Owner harmless from all suits and actions of every kind anddescription that might result from his use of property other than that of Owner.

31. Traffic Maintenance and Protection

The following special provisions shall apply to traffic regulation during the extent of this contract:

There shall be at all times adequate vehicle and pedestrian access to and egress from the properties adjacent to theproject.

During non-working hours, Contractor shall keep the existing traffic lanes clear for traffic without interferencefrom his operations including all approaches and intersections.

Where hazardous conditions exist, proper signing and barricading shall be provided by Contractor. Wheneverdirected by Engineer, supplemental signs and barricades, including lanterns and/or high rise warning devices, shallbe provided at the expense of Contractor.

Owner shall not be held liable for any claims resulting from accidents or damages caused by Contractor's failure tocomply with traffic and public safety regulations during the construction period.

If operations of Contractor are shown to significantly impede traffic flow during peak hours of traffic, Engineershall have the authority to restrict Contractor's to time of operation on the street.

The Contractor shall notify property owners a minimum of 24 hours in advance of a driveway closure. Drivewayaccess shall be provided at all times during non-working hours.

32. Changes in the Work

A. Except as limited by Paragraph 33, "Increase or Decrease of Work", Owner, without invalidating the contract, mayorder extra work or make changes by altering, adding to or deducting from the work, the Contract sum beingadjusted accordingly. All such work shall be executed under the conditions of the original contract, except that anyclaim by Contractor for extension of time caused thereby shall be made at the time such change is ordered.

B. In giving instructions, Engineer shall have authority to make minor changes in the work, not inconsistent with thepurposes of the work. Except in any emergency endangering life or property, no extra work or change shall bemade unless in pursuance of a written order by Engineer and countersigned by Owner, and no claim for anaddition to the Contract sum shall be valid unless so ordered.

Page 67: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 14

C. Value of any such extra work shall be determined in one or more of the following ways:

1. By estimate and agreement on a lump sum.

2. By unit prices named in the Contract or subsequently agreed upon.

3. If, for any reason, method 1 or 2 cannot be agreed upon, such work will be paid for the actual cost of labor,payroll taxes, material, equipment rental and field supervision required, with the addition of 15 percent tocover profit, overhead, use of small tools, taxes, insurance, bookkeeping and all other incidental costs. In suchcases Contractor shall keep and present in such form as Engineer may direct a correct account of such costs,together with supporting time cards and vouchers. In any case, Engineer shall certify the amount dueContractor. Pending final determination of value, payments on account of changes shall be made onEngineer's estimate.

33. Increase or Decrease of Work

A. Owner reserves the right to make such alterations in the plans or in the quantities of work as may be considerednecessary. Such alterations shall be in writing by Engineer and shall not be considered a waiver of any condition ofthe Contract nor invalidate any of the provisions thereof, provided, however, that the execution of a supplementalagreement acceptable to both parties of the Contract shall be necessary before any alteration is made whichinvolves:

1. An increase of more than 50 percent of the total cost of the work calculated from the original proposalquantities and the unit contract prices,

2. An increase or decrease of more than 50 percent in the quantity of any one major contract item, or

3. A change in the nature of the design or in the type of work which materially increases or decreases the cost ofthe performance of the work.

For conditions 2 and 3 above, a "major contract item" is defined in paragraph 2, “Definitions”, unless otherwiseindicated on the plans or designated in the special provisions.

B. When an alteration requires the execution of a supplemental agreement, such agreement shall be signed by bothparties before any work on the alteration is started. Alterations involving a change of more than 50 percent in thenet of any one minor contract item will not require a supplemental agreement.

34. Claims for Extra Cost

A. If Contractor claims that the original cost of materials to be supplied under the Contract has been increasedthrough instructions, by drawings or other acts of Owner, he shall give Engineer written notice thereof within areasonable time after the receipt of any such instructions, or occurrence of any other act, and in any event beforeproceeding to execute the work, except in emergency endangering life or property, and the procedure shall then beas provided for changes in the work. No claim for extra cost shall be valid unless so made.

B. Contractor shall not be entitled to claim against Owner for any damages, costs, expenses, additional compensationor lost profits due to work stoppage or delays caused by any governmental agency or by act of third parties, orinability of Owner to make the jobsite available, or for any other cause beyond the control of Owner.

Page 68: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 15

35. Delays and Extension of Time

A. Should Contractor be delayed in the prosecution or completion of the work by the act, neglect or default ofOwner, any of its officers or employees, any other contractor employed by Owner upon the work, or by anydamage caused by fire or other casualty for which Contractor is not responsible, or by combined action ofworkmen, in no way caused by or resulting from default or collusion on the part of Contractor, then the timeherein set for completion of the work shall be extended for a period equivalent to the work time lost by reason ofany or all of the causes aforesaid. Extended time period shall be determined and fixed by Owner, whichdetermination shall be final, but no such allowance shall be made unless a claim therefore is presented in writing toOwner within ten (10) days after the occurrence of such delay.

B. Time for the completion specified has taken into consideration the possibility of delay and work interruptionresulting from acts of other contractors, whether or not a contractor for Owner, and no extension of time will beallowed because of such interruption or delay. Contractor shall cooperate with contractor of an adjoining orinterdependent project to the full extent possible so that the operations of both will suffer a minimum ofinterference and delay. In case of disagreement between contractors, the decision of Engineer shall be accepted asfinal. Any unavoidable delays to contractor resulting there from shall be adjusted as to contract time in accordancewith the specifications of this section.

C. Number of working days allowed for completion of the project is sufficient to provide for the procurement of allmaterials and, unless otherwise noted in the special provisions, failure to procure the materials involved is notreason for an extension of time. If no schedule or agreement is made between Engineer and Contractor stating thedates upon which instructions shall be furnished by Engineer, then no claim for delay shall be allowed Contractoron account of such failure to furnish drawings unless Contractor shall have given two (2) weeks notice of the needfor such drawings and not then unless claim of need for such drawings is reasonable.

D. When it has been determined that Contractor is entitled to an extension of time, the amount of such extensionshall be only to compensate for direct delays and shall be based upon Contractor energetically pursuing the work ata rate not less than that which would have been necessary to complete the basic contract on time. In determiningthe amount of extension, Engineer will consider that Contractor is applying efforts simultaneously on the severalparts of the job to the maximum amount practicable.

36. Completion and/or Correction of Work and Remedies Before Final Payment

A. If Contractor should neglect to perform the work properly and/or fail to perform any provision of this contract,Owner, upon certification by Engineer and after five (5) days' written notice to Contractor, may, without prejudiceto any other remedy, make good such deficiencies and deduct the cost thereof from payments then or thereafterdue to Contractor.

B. Contractor shall promptly remove from the construction site all materials condemned by Engineer as failing toconform to the contract, whether incorporated in the work or not, and Contractor shall promptly replace and re-execute his own work in accordance with the intent of the Contract and without expense to Owner and shall bearthe expense of making good all work of other contractors destroyed or damaged by such removal or replacement.If Contractor does not remove such condemned work and materials and commence re-execution of the workwithin five (5) days of notice from Engineer, Owner may correct the same as otherwise provided herein.

C. If Contractor does not remove such condemned work and material within the period herein above described,Owner may remove and store any such materials at the expense of Contractor. If Contractor does not pay the costof such removal within ten (10) days from the notice to Contractor of the fact of such removal, Owner may, uponan additional ten (10) days' written notice, sell such materials at public or private sale, and deduct all costs andexpenses incurred, including costs of sale, accounting to Contractor for the net proceeds remaining, and Ownermay bid at any such sale. Contractor shall be liable to Owner for the amount of any deficiency remaining betweenthe costs incurred and the proceeds of sale. Owner may deduct the costs of such removal, storage and sale and/orremaining deficiency from any funds otherwise due Contractor.

Page 69: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 16

37. Defects Arising in One Year and Remedies

A. Contractor shall be responsible for correcting all defects in materials within one (1) year after acceptance of thiswork. When corrections of defects are made, Contractor shall be responsible for correcting all defects in materialsin the corrected work for one (1) year after acceptance of the corrections by Owner. Contractor shall start work toremedy such defects within seven (7) days of mailing notice of discovery thereof by Owner and shall completesuch work within a reasonable time. In emergencies where damage may result from delay or where loss of servicemay result, such corrections may be made by Owner, in which case the cost shall be borne by Contractor. In theevent Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplishedand the cost of same shall be paid by Contractor.

B. Contractor shall be liable for any costs, losses, expenses or damages including consequential damages suffered byOwner resulting from defects in Contractor's work including, but not limited to, cost of Engineering, inspectionand supervision by Owner or Engineer. Contractor shall hold Owner harmless from any and all claims which maybe made against Owner as a result of any defective work and Contractor shall defend any such claims at his ownexpense.

38. Suspension of Work

A. Owner may at any time suspend the work, or any part thereof, by giving notice to Contractor in writing. Workshall be resumed by Contractor within ten (10) days after the date fixed in the written notice from Owner toContractor. Owner shall not reimburse Contractor for expense incurred by Contractor in connection with thework under this Contract as a result of such suspension.

B. Suspension of the work by Owner shall not furnish any ground for claim by Contractor for damages or extracompensation, but the period of such suspensions shall be taken into consideration in determining the revised datefor completion as hereinafter provided. Contractor shall not suspend work under the Contract without the writtenorder of Owner as stated in the preceding paragraphs. Question as to the necessity of discontinuing any portion ofthe work by reason of unfavorable weather conditions shall be determined by Engineer.

C. Upon failure of Contractor to carry out the orders of Engineer or to perform work under the Contract inaccordance with its provisions, Owner may suspend the work for such period as he may deem necessary. Timelost by reason of such failure or in replacing improper work or materials shall not furnish any ground to Contractorfor claiming an extension of time or extra compensation, and shall not release Contractor from damages or liabilityfrom failure to complete the work within the time prescribed.

39. Owner's Right to Terminate Contract

A. Owner may terminate the Contract and take possession of the premises and of all materials thereon and finish thework by whatever methods he may deem expedient, upon the occurrence of any one or more of the eventshereafter specified, and receipt of the certificate by Engineer that sufficient cause exists to justify such action:

1. If Contractor should be adjudged a bankrupt.

2. If Contractor should make a general assignment for the benefit of his creditors.

3. If a receiver should be appointed on the account of insolvency of Contractor.

4. If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilledworkmen or proper materials for completion of the work.

5. If Contractor should fail to complete the work within the time specified in the contract.

6. If Contractor should fail to make prompt payment to subcontractors or for material or labor.

Page 70: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 17

7. If Contractor should persistently disregard laws, ordinances, or regulations of federal, state or municipalagencies or subdivisions thereof.

8. If Contractor should persistently disregard instruction of Engineer, or otherwise be guilty of a substantialviolation of the contract.

9. If Contractor fails to make progress in accordance with the Project Schedule.

B. Owner shall give Contractor seven (7) calendar days' written notice to cure the default, and if not cured to thesatisfaction of Owner as certified by Engineer, Owner may, upon two (2) days written notice terminate theContract. Any such termination shall be without prejudice to any other right or remedy which Owner may haveagainst Contractor.

C. In the event of the failure of Contractor to cure the default of which notice is given as above provided, or ifContractor abandons the work undertaken under the contract, Owner may, at his sole option, upon seven (7) dayswritten notice to the surety and without any written notice of Contractor, transfer the employment of said workfrom Contractor to surety. Upon receipt of such notice, the surety shall enter upon the premises and takepossession of all materials, tools and appliances thereon for the purpose of completing the work included underthis Contract and employ, by Contract or otherwise, any person or persons to finish the work and provide thematerial therefore, without termination of the continuing full force and effect of the contract. In case of transferof such employment to the surety, the surety shall be paid in its own name on estimates covering the worksubsequently performed under the terms of the Contract and according to the terms hereof, without any right ofContractor to make any claim for the same or any part thereof.

D. In the event that the Contract is terminated by Owner, Contractor shall not be entitled to receive any furtherbalance of the amount to be paid under this Contract until the work shall have been fully finished. At such time, ifthe unpaid balance of the amount to be paid under this Contract exceeds the expense incurred by Owner infinishing the work, and all damages sustained or which may be sustained by Owner by reason of such refusal,neglect, failure of discontinuance of employment, such excess shall be paid by Owner to Contractor. If suchexpense and damages shall exceed the unpaid balance, Contractor and his surety and each thereof shall be jointlyand severally liable therefore to Owner and shall pay the difference to Owner. Such expense and damage shallinclude all legal costs incurred by Owner in the employment of attorneys to protect the rights and interests ofOwner under the contract; provided such legal costs shall be reasonable.

40. Contractor's Right to Stop Work or Terminate Contract

If the work should be stopped under an order of any court, or other governmental authority for a period of ninety workingdays, through no act or fault of Contractor or of anyone employed by him, including subcontractors or if Owner suspendsthis Contract for any reason other than act or neglect of Contractor for a period of one hundred eighty (180) consecutivecalendar days, Contractor may stop work and terminate this Contract and recover from Owner payment for all workexecuted, but Contractor shall not be entitled to claim against Owner for damages, expenses, costs, additional compensationor lost profits due to the suspension or termination. Final payment to Contractor shall be made pursuant to the provisionsof paragraph 43.

41. Removal of Equipment

In case of the termination of this Contract before completion for any cause whatever, Contractor, if notified to do so byOwner, shall promptly remove any part or all of his equipment and supplies from the property of Owner; Owner shall havethe right to remove such equipment and supplies at the expense of Contractor, deducting the cost thereof from any fundsotherwise due Contractor.

Page 71: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 18

42. Use of Completed Portion of Work

Owner shall have the right to take possession of and use completed, partially completed or substantially portions of thework, notwithstanding that the time may not have expired for completing the entire work. Such taking possession and useshall not be deemed to be completion of the Contract in respect to such work nor shall the same be deemed to be anyacceptance of any work not completed in accordance with Contract Documents.

43. Application for Payment

A. At least five (5) working days before each payment falls due, Contractor shall submit to Engineer four (4) copies ofan itemized application for payment, supported to the extent required by Engineer by receipts or other vouchersshowing payment for materials and labors, payments to subcontractors, and such other evidence of Contractor'sright to payment as Engineer may direct.

B. Contractor shall be entitled to monthly progress payments corresponding to the stage of the work. Progressestimates will be prepared by Engineer not later than the twentieth day of the month after commencing work, andevery thirty (30) days thereafter, if so entitled, for the duration of construction. These shall be based upon anapproximate estimate of quantities of work completed and considered acceptable, as extended by the unit pricesestablished in the Contract or as provided by the schedule of lump sum payments. Owner shall deduct from eachmonthly progress payment an amount of retainage of 5% by this Contract and also for any charges againstContractor authorized by this contract.

C. Cost of materials, properly stored, protected and insured at the site of the work will be paid on monthly estimates.All materials must conform to the requirements of these specifications. Payment for materials will not constituteacceptance, and any faulty material will be condemned although advancement may have been made for same in theestimates. Deductions at the same rates, and equal in amount to the advancements, will be made on futurepayments. All materials for which costs are allowed under this subparagraph must be substantiated by writtendocumentation from the material Contractor that the material has been paid for.

D. Quantities used for progress estimates shall be considered only as approximate and provisional, and shall besubject to recalculation, adjustment and correction by Engineer in subsequent progress estimates and in finalestimates. Inclusion of any quantities in progress estimates, or failure to disapprove the work at the time ofprogress estimates, shall not be construed as acceptance of corresponding work or materials.

E. Retained amount shall be withheld by Owner for 60 days following final acceptance or termination of the Contractand shall be paid to Contractor at the expiration of 60 days if no claims have been filed against such funds as providedby law and if Owner has no unsatisfied claims against Contractor. No payments shall be made until the formCertification of Industrial Insurance Paid and Request for Release has been obtained from the Contractor. Inthe event claims are filed, Owner shall withhold, until such claims are satisfied, a sum sufficient to satisfy all claims andto defray the cost of foreclosing the liens of such claims and to pay attorney's fees. In addition, Owner shall withholdsuch amount as is required to satisfy any claims by Owner against Contractor, until such claims have been finallysettled.

F. Neither the final payment nor any part of the retained percentage shall become due until Contractor, if requested,shall deliver to Owner a complete release of all liens arising out of this contract, or receipts in full in lieu thereof,and, if required in either case, an affidavit that so far as he has knowledge or information, the release and receiptsinclude all labor and materials for which a lien could be filed; but Contractor may, if any subcontractor refuses tofurnish a release or receipt in full, furnish a bond satisfactory to Engineer to indemnify Owner against any lien. Ifany lien remains unsatisfied after all payments are made, Contractor shall reimburse to Owner all moneys that thelatter may be compelled to pay in discharging such lien, including all cost and reasonable Engineer's and attorney'sfees.

Page 72: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 19

44. Payments Withheld

Notwithstanding the issuance of any certificate, Owner may withhold any payment or portion of payment or recover anypayment theretofore made, to such extent as may be necessary to protect Owner from loss on account of:

1. Defective work not remedied.

2. Claims filed or written notice that valid claims will be filed.

3. Failure of Contractor to make payments properly to subcontractors.

4. Reasonable doubt that the Contract can be completed for the balance then unpaid.

5. Liquidated damages, inspection and Engineering charges, or other claims against Contractor by Owner.

6. Damage to another contractor.

7. Failure of Contractor to furnish invoices to support application for payment for materials suitably stored atthe site.

8. Expenses, including court costs and legal fees, whether or not incident to suit, incurred by Owner due to anydefault of Contractor.

9. Failure of Contractor to comply with reporting and other requirements of ARRA.

Notice of payment withholding shall be performed in accordance with RCW, Chapter 39.76.

45. Hold Harmless

The Contractor shall defend, indemnify and hold harmless the Owner, its officers, employees, agents and Engineer, fromany and every claim and risk and all losses, damages, demands, suits, judgments and attorney fees, and other expenses of anykind, on account of injury to or death of any and all persons and/or on account of all property damage of any kind, whethertangible or intangible, including loss of use resulting therefrom, in connection with the work performed under this contract,or caused or occasioned in whole or in part by reason of the presence of the Contractor or its subcontractors, or theirproperty, employees or agents, upon or in proximity to the property of the Owner, or any other property upon which theContractor is performing any work called for or in connection with this Contract, except only for those losses resultingsolely from the negligence of the Owner, its officers, employees, agents and Engineer.

Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event ofliability for damages arising out of bodily injury to persons or damages to property caused by or resulting from theconcurrent negligence of the Contractor and the Owner, its members, officers, employees, agents and Engineer, theContractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically andexpressly understood that the indemnification provided herein constitutes Contractor's waiver of immunity under industrialinsurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by theparties.

If a lawsuit is filed in respect to this hold harmless provision, the Contractor shall appear and defend that lawsuit at its owncost and expense, and if judgment is rendered or settlement made requiring payment of damages by the Owner, its officers,agents, employees, volunteers and Engineer, the Contractor shall pay the same.

Page 73: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 20

46. Insurance

Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons ordamages to property which may arise from or in connection with the performance of the work hereunder by Contractor, hisagents, representatives, employees or subcontractors. Cost of such insurance shall be paid by Contractor.

Coverage shall be at least as broad as:

Insurance Services Office form No. CG0001 07 98 (occurrence form) covering comprehensive general liability or ISO formNo. CG0002 07 98 (claims made form).

Insurance Services Office form No. CA 0001 (ed. 07 97) covering automobile liability, Symbol 1 "any auto".

Workers' compensation as required by the Workers' Compensation Act of Washington State.

Contractor shall maintain limits of insurance no less than:

Comprehensive general liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury andproperty damage, and for those policies where aggregates are applicable, a $2,000,000 aggregate limit.

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

Workers' compensation and employers' liability: workers' compensation limits as required by the workers' compensation actof Washington.

Any deductibles or self-insured retention must be declared to and approved by Owner. At the option of Owner, either: theinsurer shall reduce or eliminate such deductibles or self-insured retention as respects Owner, its officials and employees; orContractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defenseand expenses.

Policies are to contain or be endorsed to contain, the following provisions:

General liability and automobile liability coverage:

Owner, its officials, employees and volunteers are to be covered as an additional insured as respects: liability arising out ofactivities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned,leased, or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. Coverage shall contain nospecial limitations on the scope of protection afforded to Owner, its officials, employees or volunteers.

Contractor's insurance coverage shall be primary insurance as respects Owner, its officials, employees and volunteers. Anyinsurance or self-insurance maintained by Owner, its officials, employees or volunteers shall be in excess of Contractor'sinsurance and shall not contribute with it.

Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Owner, its officials,employees or volunteers.

Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit isbrought, except with respect to the limits of the insurer's liability.

All Coverage:

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

Defense costs are to be provided as an additional benefit and not included within the limit of liability of the general liabilitypolicy.

No deductible or retention in excess of $5,000 shall apply to any coverage provided by the general liability insurance withoutthe prior written approval of the Owner.

Page 74: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 21

Should the Contractor maintain commercial umbrella insurance, it shall be excess over all coverage described herein. Thispolicy shall have the same inception and expiration dates as underlying liability policies and shall provide coverage no lessbroad than those in the primary policies or program.

Any and all deductibles or retentions in the policies described herein shall be paid for, assumed by, for the account of and atthe Contractor’s sole risk. The Owner shall not be responsible for the payment of any deductible or retention.

Owner shall have the right, but not the obligation, of prohibiting the Contractor from entering the Project site until suchcertificates or other evidence that insurance has been placed in complete compliance with these requirements is received andapproved by the Owner.

Commencement of work on the Project site without the required Certificates of Insurance, or without compliance with anyother provision of this Agreement, shall not constitute a waiver by the Owner of any rights in this Agreement.

Acceptability of Insurers:

Insurance is to be placed with insurers with a Bests' rating of no less than A:XIII, as shown in the most current issue ofA.M. Best’s Key Rating Guide or with an insurer acceptable to Owner.Verification of Coverage:

Contractor shall furnish Owner with certificates of insurance and with CG 2010 (03 97) naming the owner as an additionalinsured with original endorsements affecting coverage required by this clause. Certificates for each insurance policy are tobe signed by a person authorized by that insurer to bind coverage on its behalf. Certificates are to be received and approvedby Owner before work commences. Owner reserves the right to require complete, certified copies of all required insurancepolicies, at any time.

Subcontractors:

Contractor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates foreach subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

Waiver of Transfer:

Contractor shall provide CG 2404 (10 93) Waiver of Transfer of Rights of Recovery against other to us if not included inGeneral Liability coverage form already.

47. Performance and Payment Bond

A. Contractor shall furnish a surety bond or bonds covering faithful performance of the Contract and the payment ofall obligations arising thereunder. Bond shall be in the full amount of the Contract and shall be upon the form ofbond set forth herein. Surety shall be a firm qualified to conduct business as a surety in the state in which the workis done.

B. Performance for this Contract shall not only indemnify Owner for the usual performance provisions of thecontract, but in addition shall be a bond to guarantee payment of any and all tax liability of any type, kind, natureor description due as a result of work performed pursuant to the contract.

48. Damages

Any claim against Owner for damages, expenses, costs, lost profits, or extra compensation arising out of the performance ofthis Contract shall be made in writing to Owner within a reasonable time after the discovery of such damage, and in noevent later than the time of approval by Owner of final payment. Contractor, upon supplying an invoice for final payment,shall be deemed to have waived his right to claim for any other damages for which claim has not been made, unless suchclaim for final payment includes notice of additional claim and fully describes the alleged damage.

Page 75: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 22

The amount of liquidated damages shall be as identified in the Proposal for failure to complete the work as described in thecontract documents within the contract time.

Accordingly, Contractor agrees:

1. To pay liquidated damages for each working day beyond the contract deadline date, and

2. To authorize Engineer to deduct these liquidated damages from any money due or coming due to Contractor.

Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or paymentof liquidated damages will, in any degree, release Contractor from further obligations and liabilities to complete the entirecontract.

The Owner reserves the right to collect Engineering and Legal fees incurred as a result of delays or efforts for resolution ofdisputes, liens, liquidated damages or any other issues requiring Engineering or Legal services beyond the normalprogression of the contract, if such expenses are deemed to have been initiated by the Contractor’s failure to properlyexecute any provision of the Contract.

49. Subletting and Subcontracting

A. Contractor shall not assign or sublet the Contract in whole or in part without the written consent of Owner, norshall Contractor assign any monies due or to become due to him hereunder without the prior written consent ofOwner.

B. Contractor agrees that he is fully responsible to Owner for the acts and omissions of the subcontractor andpersons either directly or indirectly employed by subcontractors, as well as for the acts and omissions of personsdirectly employed by Contractor. Consent to subcontracting part of the work shall in no way release Contractorfrom responsibility for performance of the work, and Contractor will be held in all respects accountable for thesame as if no consent has been given. Contractor shall be required to give his personal attention to the work whichis sublet. Nothing contained in Contract Documents shall create any contractual relation between anysubcontractor and Owner.

50. Subcontractor Identification

Every invitation to bid on a contract that is expected to cost in excess of one hundred thousand dollars for the construction,alteration, or repair of any public building or public work of the state or a state agency or municipality as defined underRWC 39.04.010 shall require each bidder to submit as part of the bid, or within one hour of the bid, the names of thesubcontractors whose subcontract amount is more than ten percent of the contract price with whom the bidder, it awardedthe contract, will subcontract for performance of the categories of work designated on the list to be submitted with the bidor to indicate by naming itself that a category of work on the list shall not be subcontracted. Failure to name suchsubcontractors or itself shall render the bidder's bid non-responsive and, therefore, void.

51. Separate Contract - Interference with Other Contractors

Owner reserves the right to perform work with its own forces or to let other contracts for work under similar generalconditions in connection with this project, of which the work awarded to one or more Contractors under separate contractis a part. Contractor shall afford Owner and other contractors’ reasonable opportunity for the introduction and storage oftheir materials and the execution of their respective work, and shall properly connect and coordinate his work with theirs.

A. If the performance of any contract for the project is likely to be interfered with by the simultaneous execution ofsome other contract or contracts, Engineer shall decide which contractor shall cease work temporarily and which

Page 76: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Summer 2010 Sunnyside Division Board of ControlEnclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materials

8/23/2010 8:38 AM 23

contractor shall continue, or whether the work under the contracts can be coordinated so that contractors mayproceed simultaneously. Owner shall not be responsible for any damages suffered or extra costs incurred byContractor resulting directly or indirectly from the award or performance or attempted performance of any othercontract or contracts on the project or caused by any decision or omission of Engineer respecting the order ofprecedence in the performance of the contracts other than for an extension of time.

52. Cleanup

A. Contractor shall clean up all refuse, rubbish, scrap material and debris caused by his operations, to the end that atall times the site of the work shall present a neat, orderly, and workmanlike appearance.

53. Washington State Sales Tax

Revenue Act of 1935 as amended requires Owner to pay Contractor for transmittal to the state a sales tax on the totalcharges made for construction unless otherwise exempt by rule 171. Rule 171, issued by the Excise Tax Division of theState of Washington, provides for certain exemptions and compensating tax in regard to public roadway improvements.

54. Dispute Resolution

If any dispute, controversy or claim arises out of or relates to this contract, or the breach thereof, and if the dispute cannotbe settled through direct discussion, the parties agree first to try to settle the dispute by mediation under the CommercialMediation Rules of the American Arbitration Associates, before resorting to arbitration, litigation or some other disputeresolution procedure. Any dispute, controversy or claim involving $35,000 or less not resolved by mediation shall be settledby arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgmentupon the award rendered by the arbitrator(s) may be entered in any court having appropriate jurisdiction.

Page 77: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,
Page 78: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

TECHNICAL SPECIFICATIONS

Page 79: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

18/23/2010 8:38 AM

General

1.1 Project Description

The Enclosed Lateral Improvement Projects 2010-2011 Lateral Riser and Spool Materialsconsists of the manufacture and delivery of irrigation system pipe, fittings and appurtenancesas described herein.

Permits and Licenses

The Owner will not acquire permits for this project.

The Contractor shall acquire and pay for all necessary permits which may include:

Right-of Way Permit

Street Use Permit

Wage and Hour Permit

Transportation Permit

Conform to the requirements of all permits issued for this project.

Warranty

The Contractor shall warrant all delivered products for a period of one (1) year followingproject acceptance, except for those components and listed warranties below. The date ofproject acceptance is defined as the date the final payment is sent from the Owner to theContractor.

Warranty does not cover damage due to misuse by the Owner or conditions outside of theOwner or Contractor’s control (force majeure) including but not limited to war, strikes,floods, fire, earthquakes, high winds (over 85 mph for at least 3 seconds peak gust),governmental restrictions, vandalism, and power failures or surges. The Contractor hascontrol over workmanship, subcontractors and parts and materials.

1.2 Administrative

Contractor’s Responsibility

The work included in this contract is described in these project specifications. All workincidental and necessary to the completion of the work described and shown shall beperformed by the Contractor. In submitting a bid for this project, the Bidder warrants thatthey are an expert in this and related work, that they understand the process and functionsshown, and that various work and processes not shown but necessary for the successfulcompletion of this project will be provided by the Contractor.

The Contractor is fully responsible for providing his subcontractors and suppliers with allrelevant portions of the plans and specifications necessary to bid, manufacture and delivermaterials.

Damage to existing utilities or property shall be repaired or replaced by the Contractor at thediscretion of the Owner.

Page 80: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Sunnyside Division Board of Control Summer 20102010-2011 Lateral Riser and Spool Materials General

28/23/2010 8:38 AM

The Contractor and each of the Subcontractors are responsible for coordinating the requiredinspections. There are specific requirements for inspection responsibilities and the advancenotice that must be given to minimize delays. It is the Contractor's responsibility to befamiliar with these requirements, include the coordination necessary in this estimate ofproject costs and schedule, and to comply with the requirements. Failure to follow properinspection and notification procedures may result in on-site work stoppages and removal ofunapproved materials, all at the Contractor's expense.

Do not start work on this project or on any public or private right-of-way or easement untilclearance is given by the Owner. It will be the responsibility of the Contractor to complywith the requirements of any permit for the project. Do not hinder private property accesswithout a 24-hour notice to the private property owner, and do not hinder access for morethan an 8-hour period. Do not disrupt emergency aid access to private property.

The Contractor is solely responsible for all elements of site safety during delivery.Inspections performed by the Engineer are only to monitor and record that project plansand specifications are being complied with and materials are consistent with thespecifications.

The Contractor shall be responsible for managing, coordinating, and overseeing hissubcontractors, suppliers, manufacturers’ representatives, or any other persons performingWork.

Special Inspection Scheduling

Unless otherwise noted on the plans or within these specifications, 48-hour prior notice shallbe given to the Engineer for all inspections required for the completion of the work. 48-hour notice is defined as two (2) complete working days notice. Time is not counted onweekends and holidays (inspections required on a Monday or the day after a holiday shall bescheduled a minimum of 48 hours in advance not including the holiday hours or weekendhours.)

Contractor Provided Schedule and Non-working Day Approval

Contractor is responsible for providing an up to date construction schedule with eachmonthly pay estimate and at other times as requested by the Owner or as required byprogress of the work. If the current schedule is still inline with the previous schedule, theContractor shall inform the owner and engineer with each pay estimate. Non-working dayapproval shall also be received by the Owner with each monthly pay estimate. Owner maydelay monthly progress payments if contractor fails to submit updated schedule and non-working day requests.

Owner Inspector’s Responsibility

The Owner may elect to have an inspector on site to monitor, observe and record materialsdelivery. The Contractor maintains complete responsibility to verify materials are meetingthe specifications and are being delivered in accordance with the plans and specifications. Itis not the responsibility of the Owner’s inspector to address neither means and methodsissues on site nor direct safety issues on site. The Owner’s inspector does not have theauthority to stop work if unsafe conditions are observed.

Page 81: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Sunnyside Division Board of Control Summer 20102010-2011 Lateral Riser and Spool Materials General

38/23/2010 8:38 AM

Submittals

Pre-manufacture submittals are required for all materials bid items. Submit 5 copies of eachsubmittal to:

Sunnyside Division Board of Control

P.O. Box 239

Sunnyside, WA. 98944

Attn: Don Schramm

Submittal data for each item shall contain sufficient information on each item to determine ifit is in compliance with the contract requirements.

Items that are delivered that have not been approved through the submittals process shall beremoved and an approved product shall be furnished, all at the Contractor's expense.

Submittal review will be limited to general design requirements only, and shall not relieve theContractor from responsibility for errors or omissions, or responsibility for consequencesdue to deviations from the contract documents. No changes may be made in any submittalafter it has been reviewed except with written notice and approval from the Owner.

Submittals shall be submitted on 8½” x 11”, 11” x 17”, or 22” x 34” sheets and shall containthe following information:

Project Name as it appears on the Document Cover.

Prime Contractor and Applicable Subcontractor.

Owner’s Name.

Applicable Specification and Drawings Reference.

A stamp showing that the Contractor has checked the equipment for conformancewith the contract requirements, coordination with other work on the job, anddimensional suitability.

A place for the Engineer to stamp.

Submittals that do not comply with these requirements may be returned to the Contractorfor re-submittal. Acceptable submittals will be reviewed as promptly as possible, andtransmitted to the Contractor not later than 14 working days after receipt by the Engineer.Revise and submit as necessary. Delays caused by the need for re-submittal shall not be abasis for an extension of contract time or delay damages. Three sets of submittals will bereturned to the Contractor after review.

Submittals shall contain the following information for all items:

A. Shop or equipment drawings, dimensions, and weights

B. Catalog information.

C. Manufacturer's specifications.

D. Special handling and storage instructions.

Page 82: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Sunnyside Division Board of Control Summer 20102010-2011 Lateral Riser and Spool Materials General

48/23/2010 8:38 AM

E. Maintenance requirements.

F. List of contract exceptions.

By approving and submitting shop drawings and samples, the Contractor warrants that theyhave determined and verified all measurements, materials, and similar data, and have checkedand coordinated each shop drawing with the requirements of the work and of the contractdocuments.

The Owner will pay the costs and provide review services for a first and second review ofeach submittal item. Additional reviews shall be paid by Contractor by withholding theappropriate amounts from each payment estimate.

The Contractor is responsible for identifying the shop drawings and submittals required forthis project. Items that are delivered but have not been approved through the submittalprocess may be rejected and must be removed and replaced with an approved product.

Contractor shall keep a complete and up to date copy of all submittals and review responsesreadily available to the Engineer and Owner for inspection.

Substitutions

Any product that does not meet these specifications will be considered a substitution.Substitutions must be approved prior to delivery.

Prior to Bid Opening

Before opening bids, the Owner may consider written requests for substitutions. All requestsfor substitution must be received by Owner and the Engineer a minimum of 7 working daysprior to bid opening. Requests shall be accompanied by drawings and specifications insufficient detail to allow the Owner to determine whether or not the substitute proposed isequal to that specified. All requests shall include a listing of any significant variations inmaterial from those specified. If there are no variations, a statement to that fact shall beincluded in the request for approval. The determination as to whether or not a proposedsubstitute is acceptable shall rest solely with the Owner. Approval of substitutions will beonly by addendum. The bidder shall include, in the proposal, all costs for any modificationsrequired to adopt the substitute.

After Contract Execution

Within 10 days after the date of the contract, the Owner shall consider formal requests fromthe Contractor for a substitution of products in place of those specified. Submit two copiesof each request for a substitution. Data shall include the necessary change in materials,including a detailed description of the proposed materials and related drawings. An itemizedcomparison of each proposed substitution with the product specified shall be provided.

In making a request for a substitution, the Contractor represents that they have investigatedthe proposed product and has determined that it is equal or superior to the productspecified. The Contractor shall coordinate the manufacture and delivery of acceptedsubstitutions, making changes that may be required for the work to be completed. TheContractor waives all claims for additional costs related to substitutions.

Page 83: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Sunnyside Division Board of Control Summer 20102010-2011 Lateral Riser and Spool Materials General

58/23/2010 8:38 AM

1.3 Quality Control

Delivery of Materials

Risers, manifolds, and spools shall be delivered, unloaded, and stored on Owner providedsite in accordance with the manufacturer’s recommendations.

Reference Specifications

Work under this contract shall be performed in accordance with applicable sections of thecurrent Standard Specifications for Road, Bridge and Municipal Construction, WashingtonState Chapter, American Public Works Association, and Washington State Department ofTransportation, hereafter referred to as the Standard Specifications.

Certain other referenced standards used in this specification are from the latest editions of:

IBC International Building Code 2006

IPC International Plumbing Code

IMC International Mechanical Code

NEC National Electrical Code

AWWA American Water Works Association

ANSI American National Standards Institute

ASA American Standards Association

ASTM American Society for Testing and Materials

1.4 Delivery Support

Unloading Assistance

The Owner will provide a forklift and operator to unload materials at the site.

Safety Equipment

The Contractor shall insure that all guards, marks, shields, protective clothing, rain gear, andother equipment required by law, ordinance, labor contracts, Occupational Safety and HealthAdministration (OSHA) regulations, and other regulations for the maintenance of health andsafety be supplied. First aid kits and equipment as required by law shall also be supplied.

Traffic Control

Any traffic control activities required during delivery shall be consistent with the UniformTraffic Control Manual (latest addition) and applicable local codes. The Contractor shalllimit delay of traffic to 4 minutes.

Page 84: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

Sunnyside Division Board of Control Summer 20102010-2011 Lateral Riser and Spool Materials General

68/23/2010 8:38 AM

Site Control

The Contractor shall not perform work activities, store materials or equipment, moveequipment through, or disturb in any way the areas outside the delivery locations, shownunless approved by the Owner in writing.

1.5 Execution and Closeout

Site and Facility Cleanup

Clean up debris and unused shipping material, and remove from the site and any buildings.

1.6 Site Preparation

Paved Surfaces Cleaning

Wherever delivery vehicle access routes intersect paved roads, provisions must be made bythe Contractor to minimize the transport of sediment onto the paved road. The Contractorshall remove all dirt, mud, rocks, vegetation, or other deleterious material from all equipmentprior to leaving the site. This may include spray washing, sweeping, or other physicalmethods as necessary to remove materials.

Page 85: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

18/23/2010 8:38 AM

Material Specifications

2.1 Welded Steel Pipe and Fittings

Steel Pipe

Steel Pipe and Fittings: Shall be Schedule 40.

1. All 2-inch and larger shall be standard strength welded steel pipe, butt-endconforming to ASTM Specifications A53B or A120. Steel pipe and fittings shall besandblasted and hot dipped galvanized. Hot dip galvanizing shall be completed inconformance with ASTM123/ASTM123M.

Steel Flanges: Shall be ASTM A105, ANSI B16.5, Class 150 steel rings.

1. All flanges shall be Weldbend slip on welded flanges or equal,

Miscellaneous Steel Items (Thread-O-Lets, D-Ring, Angle Iron):

1. Miscellaneous steel items shall be made of carbon steel, A-36 or equal.

2. Thread-O-Let outlet has NPT(IP) female threads.

Welding

Welds shall be constructed in accordance with ASME Welding Code B31 and flangemanufacturer requirements. Contractor shall be responsible for compliance to this toleranceand correct any dimensions or welding that does not meet this specification at their expense.Contractor shall be an accredited fabricator or shall have an Independent Inspection Bodyapprove all welding tests per the ASME code at their expense.

2.2 Measurement and Payment

The per each unit price for 2-inch, 3-inch, 4-inch, 6-inch, 8-inch, 10 inch, and 12-inch risers,manifolds and spools shall include all costs associated with acquiring the materials andfabricating a complete assembly for each size as detailed, galvanizing the fabricated parts anddelivering the items to the specified location.

Page 86: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

APPENDICES

Page 87: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,

RISER AND SPOOL PARTS AND

FABRICATION DETAILS

Page 88: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,
Page 89: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,
Page 90: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,
Page 91: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,
Page 92: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,
Page 93: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,
Page 94: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,
Page 95: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,
Page 96: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,
Page 97: Enclosed Lateral Improvement Project · Sought materials included 2-inch, 3-inch, 4-inch, 6-inch, 8-inch and 10-inch diameter riser and spool assemblies fabricated from steel pipe,