IMCO General Construction, Inc. 6/10/2024

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 and RCW 39.76.011, 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. The Contractor shall specifically include in each of its first tier subcontracts the language in this section with regard to the Subcontractor's obligation to meet bidder responsibility criteria, and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all Subcontractors regardless of tier. At the time of subcontract execution, the Contractor must verify that each of its first tier subcontracts meets the following bidder responsibility criteria: 1 At the time of subcontract Bid Submittal, have a certificate of registration in compliance with Chapter 18.27 RCW; 2. Have a current state unified business identifier number; 3. If applicable, have: a. Industrial insurance coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; b. An employment security department number as required in Title 50 RCW; c. A state excise tax registration number as required in Title 82 RCW; Reservoir 3 Replacement Phase 1 Work Order No. UP3739 00 72 00 GENERAL CONDITIONS March 2024