Snohomish County 9/2/2016 (2) - Laserfiche WebLink

EXHIBIT C Breach and Related Work Bidding and Reimbursement A. Award of Construction Contract for Breach and Related Work. 1. Construction Contract. After completion of design and the receipt of all necessary permits by the City for City Breach and Related work no later than the first quarter of 2017, and amendment to this Agreement identifying the terms of such construction responsibilities or a separate Agreement per Section 2.10,the County will call for bids and execute a construction contract for Breach and Related Work(including the Breach and Related Work in the Smith Island-City area) in accordance with the County's usual procurement processes and the County's standard form construction contracts, except that: (a) The Breach and Related Work will have two bid schedules, one for the Smith-Island-City area work and one for the Smith Island-County area work. The bid package will contain a provision that in substance states the following: Bid Schedule A is work on County property and will be paid for by County funds. Bid Schedule B is work on City of Everett property and will be paid for from City of Everett funds. Accordingly, it is important that your bid be balanced between the schedules: if a line item on Schedule A is similar to a line item on Schedule B, then your bid prices for those line items on each schedule must be similar. The purpose of this is to make sure that County funds are not subsidizing City work or vice versa. The County reserves the right to reject any bid that is not balanced. The low bidder is the bidder with the lowest total bid,which is the sum of Bid Schedule A and Bid Schedule B. (b) The construction contract will contain a provision requiring the City be added as an additional insured on the contractor's required liability insurance policies. (c) The construction contract will contain a clause reasonably acceptable to the City that allows the County to assign all contractor's and manufacturer's warranties from the County to the City. 2. Bidding Off-Ramps. Upon opening of the bids for construction of the Breach and Related Work project, the Parties will meet and confer. The County shall award to the lowest responsible and responsive bidder, except as follows: (a) Over Budget. If the County determines that its portion of the Breach and Related Work under the low bid exceeds its available funds for the project,the County shall reject all bids. If the City determines that its portion of the Breach and Related Work under the low bid exceeds its available funds for the project, the County shall reject Bid INTERGOVERNMENTAL AGREEMENT FOR IMPLEMENTATION OF THE SMITH ISLAND RESTORATION PROJECT PAGE 30