Weber Construction Inc 8/28/2019

' City of Everett 00 7200- 11 Diversion Dam Road Phase 3 UT 3707 & UT 3708 4. CONTRACTOR ' 4.1. CONTRACTOR'S REPRESENTATIVE ' The Contractor shall notify the Owner in writing of the name of the person who will act as the Contractor's representative and shall have the authority to act in matter relating to this Contract. This person shall have authority to carry out the provisions of the Contract and to supply materials, Equipment, tools and labor without delay for the performance of the Work. ' Contractor shall employ and keep on Site on a full time basis personnel experienced in the management of construction of projects of this size and type. These shall include, but not be limited to, a project manager and superintendent. Neither the Contractor's project manager nor ' the superintendent shall have supervisory responsibility for other Projects for the Contractor while assigned to this Project. Contractor shall employ and assign such additional, full time office, support and engineering personnel to support the project manager and superintendent ' and allow timely completion of the Project. The project manager and superintendent must be approved by the Owner, and such approval shall not be unreasonably withheld. Contractor acknowledges that one of the instances in which it will be reasonable for the Owner to withhold ' consent is if the project manager or superintendent is different than as stated in the Bidder Qualification Statement. Contractor shall submit personnel qualifications within ten (10) days of Contractor's execution of the Contract. Bases for disapproval include, but are not limited to, ' lack of sufficient experience managing the construction of similar type or size projects or relationships on other projects unsatisfactory to the Owner. Owner may require removal and replacement of Contractor's supervisory staff who are disruptive or who appear to lack sufficient competence to complete the Project successfully. 4.2. CONSTRUCTION PROCEDURES The Contractor shall supervise and direct the Work and determine the means, methods, techniques, sequences and procedures of construction, except in those instances where the Owner, to define the quality of an item of Work, specifies in the Contract, a means, method, technique, sequence or procedure for construction of that item of Work. 4.3. SUBCONTRACTORS Unless explicitly specified elsewhere in the Contract Documents or expressly authorized in writing by the Owner before Contractor submits its Bid, the Contractor shall perform with its own ' organization at least one-third of the Work by dollar volume and Contractor shall not sublet to a single Subcontractor more than one-half of the Project. A Subcontractor of the Contractor shall not sublet to another Subcontractor more than one-half of its work without the written consent of the Owner obtained within twenty (20) days of award of the Contract to the Contractor. The Owner may refuse to approve such subcontract for any reason. Only unit price and Schedule of Value items of the Contract will be used in computing the total Work. The Owner may, at its sole option, refuse to approve a Subcontractor that is also providing services to the Owner on the same project. Subcontractors will be considered agents of the Contractor and their work shall be subject to the ' provisions of the Contract. References in the Contract Documents to actions required of Subcontractors, manufacturers, Suppliers, or persons other than the Contractor, the Owner or the Owner's Representative shall be interpreted as requiring that the Contractor shall require such Subcontractor, manufacturer, Supplier or Person to perform the specified action. Contractor shall comply with RCW 39.04.250 (1992) and RCW 39.76.011 (1992), as amended, and any successor and other laws, ordinances, and regulations regarding payment of Subcontractors. Contractor shall also comply with the requirements of RCW Chap. 60.28 and any other law, ordinance, or regulation relating to the release of retainage to Subcontractors. 1 00 7200 - 11 GENERAL CONDITIONS