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City of Everett 00 72 00 - 12 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 72 00 - 12 GENERAL CONDITIONS <br />Contractor shall employ and keep on Site on a full time basis personnel experienced in the management <br />of construction of projects of this size and type. These shall include, but not be limited to, a project <br />manager and superintendent. Neither the Contractor’s project manager nor the superintendent shall have <br />supervisory responsibility for other Projects for the Contractor while assigned to this Project. Contractor <br />shall employ and assign such additional, full time office, support and engineering personnel to support the <br />project manager and superintendent and allow timely completion of the Project. The project manager and <br />superintendent shall be approved by the Owner, and such approval shall not be unreasonably withheld. <br />Contractor acknowledges that one of the instances in which it will be reasonable for the Owner to <br />withhold consent is if the project manager or superintendent is different than as stated in the Bidder <br />Qualification Statement. Contractor shall submit personnel qualifications within ten (10) days of <br />Contractor’s execution of the Contract. Bases for disapproval include, but are not limited to, lack of <br />sufficient experience managing the construction of similar type or size projects or relationships on other <br />projects unsatisfactory to the Owner. Owner may require removal and replacement of Contractor’s <br />supervisory staff who are disruptive or who appear to lack sufficient competence to complete the Project <br />successfully. <br />4.2. CONSTRUCTION PROCEDURES <br />The Contractor shall supervise and direct the Work and determine the means, methods, techniques, <br />sequences and procedures of construction, except in those instances where the Owner, to define the <br />quality of an item of Work, specifies in the Contract, a means, method, technique, sequence or procedure <br />for construction of that item of Work. <br />4.3. SUBCONTRACTORS <br />Unless explicitly specified elsewhere in the Contract Documents or expressly authorized in writing by the <br />Owner before Contractor submits its Bid, the Contractor shall perform with its own organization at least <br />one-third of the Work by dollar volume and Contractor shall not sublet to a single Subcontractor more <br />than one-half of the Project. A Subcontractor of the Contractor shall not sublet to another Subcontractor <br />more than one-half of its work without the written consent of the Owner obtained within twenty (20) days <br />of award of the Contract to the Contractor. The Owner may refuse to approve such subcontract for any <br />reason. Only unit price and Schedule of Value items of the Contract will be used in computing the total <br />Work. The Owner may, at its sole option, refuse to approve a Subcontractor that is also providing <br />services to the Owner on the same project. <br />Subcontractors will be considered agents of the Contractor and their work shall be subject to the <br />provisions of the Contract. References in the Contract Documents to actions required of Subcontractors, <br />manufacturers, Suppliers, or persons other than the Contractor, the Owner or the Owner's Representative <br />shall be interpreted as requiring that the Contractor shall require such Subcontractor, manufacturer, <br />Supplier or Person to perform the specified action. <br />Contractor shall comply with RCW 39.04.250 and RCW 39.76.011, as amended, and any successor and <br />other laws, ordinances, and regulations regarding payment of Subcontractors. Contractor shall also <br />comply with the requirements of RCW Chap. 60.28 and any other law, ordinance, or regulation relating to <br />the release of retainage to Subcontractors. <br />The Contractor shall specifically include in each of its first tier subcontracts the language in this section <br />with regard to the Subcontractor’s obligation to meet bidder responsibility criteria, and shall require each <br />of its Subcontractors to include substantially the same language of this section in each of their <br />subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of <br />this section apply to all Subcontractors regardless of tier.