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I <br /> CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS I <br /> limited to, a project manager and superintendent. Neither the Contractor's project manager nor <br /> the superintendent shall have supervisory responsibility for other Projects for the Contractor <br /> while assigned to this Project. Contractor shall employ and assign such additional, full time <br /> office, support and engineering personnel to support the project manager and superintendent and <br /> allow timely completion of the Project. The project manager and superintendent must be <br /> approved by the Owner, and such approval shall not be unreasonably withheld. Contractor <br /> acknowledges that one of the instances in which it will be reasonable for the Owner to withhold <br /> 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 <br /> of sufficient experience managing the construction of similar type or size projects or relationships <br /> on other projects unsatisfactory to the Owner. Owner may require removal and replacement of <br /> Contractor's supervisory staff who are disruptive or who appear to lack sufficient competence to <br /> complete the Project successfully. <br /> 4.2 Construction Procedures <br /> A. The Contractor shall supervise and direct the Work and determine the means, methods, <br /> techniques, sequences and procedures of construction, except in those instances where the Owner, 111 <br /> to define the quality of an item of Work, specifies in the Contract, a means, method, technique, <br /> sequence or procedure for construction of that item of Work. <br /> 4.3 Subcontractors <br /> A. Unless explicitly specified elsewhere in the Contract Documents or expressly authorized in <br /> writing by the Owner before Contractor submits its Bid,the Contractor shall perform with its own <br /> organization at least one-third of the Work by dollar volume and Contractor shall not sublet to a <br /> single Subcontractor more than one-half of the Project. A Subcontractor of the Contractor shall <br /> not sublet to another Subcontractor more than one-half of its work without the written consent of <br /> the Owner obtained within twenty (20) days of award of the Contract to the Contractor. The <br /> Owner may refuse to approve such subcontract for any reason. Only unit price and Schedule of <br /> Value items of the Contract will be used in computing the total Work. The Owner may, at its sole <br /> option,refuse to approve a Subcontractor that is also providing services to the Owner on the same <br /> project. <br /> B. 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 <br /> Subcontractors, manufacturers, Suppliers, or persons other than the Contractor, the Owner or the <br /> Owner's Representative shall be interpreted as requiring that the Contractor shall require such I <br /> Subcontractor,manufacturer, Supplier or Person to perform the specified action. <br /> C. Contractor shall comply with RCW 39.04.250 (1992) and RCW 39.76.011 (1992), as amended, <br /> and any successor and other laws, ordinances, and regulations regarding payment of <br /> Subcontractors. Contractor shall also comply with the requirements of RCW Chap. 60.28 and <br /> any other law, ordinance, or regulation relating to the release of retainage to Subcontractors. <br /> D. The Contractor shall specifically include in each of its first tier subcontracts the language in this <br /> section with regard to the Subcontractor's obligation to meet bidder responsibility criteria, and <br /> shall require each of its Subcontractors to include substantially the same language of this section <br /> in each of their subcontracts, adjusting only as necessary the terms used for the contracting <br /> parties. The requirements of this section apply to all Subcontractors regardless of tier. <br /> I <br /> Legion Golf Course Stormwater Detention Project November 28, 2017 <br /> WO#UP3620 00 72 13 - 16 <br />