01_26-1801-KP Contract Documents.pdf

Request for Proposal No.

26-1801-KP

PWC-

Lake Stevens Circuit 12-124;Transmission and Distribution Line Clearance

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that the Board of Commissioners of Public Utility District No.

1 of Snohomish County will receive electronic proposals from bidders currently prequalified by the District for the following work:

Request for Proposal No. 26-1801-KP

PWC – LAKE STEVENS CIRCUIT 12-124;

TRANSMISSION AND DISTRIBUTION LINE CLEARANCE

Bids will only be opened at a teleconference on Thursday, November 12, 2026, at 2:00 pm (Local Time). Bids received after this time will not be considered. The bid opening is public, and all bids will be read aloud. Each bid must be accompanied by proof of bid security which guarantees the amount of 5 percent (5%) of the total amount bid, excluding tax.

Contractors must be prequalified prior to bidding on this prequalified electrical work for Category D-1 “Right-of-Way Clearing and Maintenance, Tree and Brush Work.”

This contract work consists of providing all labor, materials and equipment necessary to trim, cut, treat, remove, clear, and dispose of trees and brush, as well as perform application of herbicides under and along approximately 28.4 pole miles of the District’s Transmission and Distribution System. The location of the work to be performed commences at the Lake Stevens Substation and heads East along 20th Ave from Tom Thumb to Machias Rd, then out OK Mill Rd to S. Carpenter, heads North from there to the end of the line and includes all associated tap. The work will be performed in the vicinity of Lake Stevens and Machias, in Snohomish County, Washington.

There will be a pre-bid meeting on Thursday, November 5, 2026, at 10:00 a.m. at the Snohomish County PUD Operations Center, in Everett, Washington. Bidders must register for the optional pre-bid meeting. To register, e-mail Bids@snopud.com to request your attendance for RFP 26-1801-KP.

For additional information pertaining to this Request for Proposal, please visit www.snopud.com, select “Bids” and select “RFP No. 26-1801-KP” to download bid documents.

PUBLIC UTILITY DISTRICT NO. 1

OF SNOHOMISH COUNTY

BOARD OF COMMISSIONERS

by JOHN A. HAARLOW

CEO/GENERAL MANAGER

DATE: October 27, 2026 PUBLISHED: October 29, 2026 http://www.snopud.com/

Prequalified C/P 8/7/17 Ins. JEB (7/11/18); modified 9/23/14 by KKH

INDEX TO ARTICLES

PWC – LAKE STEVENS CIRCUIT 12-124; TRANSMISSION AND DISTRIBUTION LINE CLEARANCE

SECTION A

INSTRUCTIONS TO BIDDERS

1.1 Invitation to Bid

1.2 Receipt of Bids

1.3 Bid Opening

1.4 Bid Award

1.5 Site of the Work

1.6 Naming of Subcontractors

1.7 Proposals

1.8 Examination of Conditions

1.9 Bid Security

1.10 DISTRICT'S Right to Reject Bids

1.11 Bid Evaluation

1.12 Performance Security

1.13 Corrections, Interpretations and Addenda

1.14 Construction Schedule

1.15 Registered CONTRACTOR

1.16 Prequalification of CONTRACTORS

1.17 Prequalification of Subcontractors

1.18 CONTRACTOR'S Status

1.19 Environmental Provisions

1.20 Reciprocal Preference for Resident CONTRACTORS

SECTION B

GENERAL CONDITIONS

2.0 Contract Documents

2.1 Definitions

2.2 Ownership of Contract Documents

2.3 Copies Furnished

3.0 Administration of the Contract

3.1 Administration by the DISTRICT

3.2 Detail Drawings and Instructions

3.3 Suspension of the Work

3.4 DISTRICT'S Right to do Work

3.5 Use of Completed Portions

3.6 Lands for the Work

4.0 CONTRACTOR Responsibilities

4.1 Customer Relations

4.2 Superintendence and Supervision

4.3 Labor and Materials

4.3.1 Materials and Equipment Furnished by DISTRICT

4.3.2 Materials and Equipment Furnished by CONTRACTOR

4.3.3 Payment of Prevailing Wages

4.3.4 Workmen and Discipline

4.3.5 Sanitation

4.4 Franchises, Licenses and Bonds

4.5 Laws and Regulations

4.6 Omissions and Discrepancies

4.7 Utilities or Obstructions

4.8 CONTRACTOR'S Warranty

SECTION B

GENERAL CONDITIONS (continued)

4.0 CONTRACTOR Responsibilities (continued)

4.9 Clean-up

4.10 Use of Site

4.11 Obligations under Federal Law

5.0 Subcontracts

5.1 Subcontractors Prequalified by the DISTRICT

5.2 Substitution

5.3 No Contractual Agreement with DISTRICT

5.4 CONTRACTOR Responsibility

6.0 Separate Contracts

6.1 Separate Contracts

7.0 Miscellaneous

7.1 Claims for Extra Cost

7.2 Claims for Damages

7.3 Waiver of Claims

7.4 Written Notice

7.5 Dispute Resolution

7.6 Nonwaiver

7.7 Governing Law

8.0 Time

8.1 Notice to Proceed

8.2 Time for Completion

8.3 Delays and Extension of Time

8.3.1 Causes for Delay

8.3.2 Determination of Extension

8.3.3 CONTRACTOR Damages

9.0 Payment and Completion

9.1 Payment

9.2 Payment Withheld

9.3 Liens

9.4 Assignment

10.0 Protection of Work and Property

10.1 Protection of Work and Property

10.2 Restoring Improvements

11.0 Indemnity

11.1 Indemnity

12.0 Insurance

12.1 Insurance to be Provided by CONTRACTOR

12.1.1 Commercial General Liability Insurance

12.1.2 Claims Made

12.1.3 Business Automobile Liability Insurance

GENERAL CONDITIONS (continued)

12.0 Insurance (continued)

12.1.4 Additional Insured

12.1.5 Cross Liability Insurance

12.1.6 Self Insured Program

12.1.7 Workers Compensation

12.2 Claim Payments

12.3 CONTRACTOR’s Pollution Liability (CPL)

12.4 Waiver of Subrogation

12.5 Deductible or Self-Insured Retention Disclosure

12.6 Evidence of Insurance

12.7 DISTRICT’s Responsibility

12.8 CONTRACTOR’s Responsibility Not Limited by Insurance

12.9 Subcontractor's Insurance

12.10 Duration of Coverage

12.11 Corrections to Project

12.12 Certification and Cancellation of Insurance

13.0 Changes in the Work

13.1 Changes in the Work

13.2 Forms for Documenting Changes in the Work

14.0 Uncovering and Correcting Work

14.1 Inspections and Tests

14.2 Defects and Remedies

15.0 Termination

15.1 DISTRICT'S Right to Terminate Contract

15.2 CONTRACTOR'S Right to Terminate Contract

15.3 Removal of Equipment

EXHIBITS

A Bid Bond B Performance Bond C Department of Labor and Industries Affidavit of Wages Paid on Public Works Contract D Prevailing Wages E Agreement F Affidavit G CONTRACTOR'S Release H Certificate of Insurance I Certification of Compliance

SPECIAL PROVISION SHEET

SPECIFICATION - No. 2424

PROPOSAL FORM

ATTACHMENTS I THROUGH V

Prequalified C/P 8/7/17 1

SECTION A

INSTRUCTIONS TO BIDDERS

1.1 INVITATION TO BID

Bids are hereby invited from bidders prequalified by the DISTRICT for the work recited in the Notice to Bidders attached hereto. Such work is covered by the attached plans and specifications, which are also on file in the District’s Contracts/Purchasing Office, located at 2320 California Street, Everett, WA 98201.

1.2 RECEIPT OF BIDS

Bids must be received by the District no later than Thursday, November 12, 2026, at 2:00 pm, Local Time. All bids must be received as an electronic copy uploaded to this bid listing in Public Purchase, before 2:00 p.m. on November 12, 2026. No physical copies will be accepted at any PUD location.

Bids received later than the above date and hour will not be considered.

1.3 BID OPENING

Bids will only be opened at a teleconference on the date and at the hour stated above. To call into this bid opening, please dial 206-397-0076 and use Conference ID 463 156 066#. Bid results will be posted to the Public Purchase bid listing following the bid opening.

1.3.A BID SECURITY

Following bid evaluation, the District will require that the apparent low bidder submit an original Bid Bond or other Bid Security as required in the Instructions to Bidders, Section 1.9. Original bonds shall be mailed to:

Snohomish County PUD #1 Contracts & Purchasing, Mail Stop A2

PO BOX 1107

Everett, WA 98206-1107

1.4 BID AWARD

The District intends to award this Request for Proposal on Tuesday, December 1, 2026, subject to change by the District at its sole discretion. The recommendation shall be posted on the District’s website five business days before the award date. It is the bidder’s responsibility to obtain this information at www.snopud.com under the BIDS tab. Bid protest procedures and timelines associated with a protest can be obtained from this website.

1.5 SITE OF THE WORK

The location of the work to be performed commences at the Lake Stevens Substation and heads East along 20th Ave from Tom Thumb to Machias Rd, then out OK Mill Rd to S. Carpenter, heads North from there to the end of the line., and includes all associated taps, in the vicinity of Lake Stevens and Machias, in Snohomish County, Washington.

1.6 NAMING OF SUBCONTRACTORS

Each bidder shall fully comply with state law provisions dealing with contracts estimated to cost in excess of $1,000,000.00, which require the identification of subcontractors.

1.7 PROPOSALS

REQUEST FOR PROPOSAL NO. 26-1801-KP

BID OPENING: THURSDAY, NOVEMBER 12, 2026, 2:00 P.M. LOCAL TIME

TITLE OF WORK: PWC – LAKE STEVENS CIRCUIT 12-124; TRANSMISSION AND DISTRIBUTION

LINE CLEARANCE

http://www.snopud.com/

Prequalified C/P 8/7/17 2

1.7 PROPOSALS (continued)

a. Each proposal shall include specific acknowledgement of receipt of all Addenda issued during the bidding period. Failure to do so may result in the proposal being rejected as not responsive.

b. The DISTRICT reserves the right to waive minor errors or irregularities in any bid if it appears to the DISTRICT that such errors or irregularities were made through inadvertence and are not material. Any errors or irregularities so waived must be corrected on the bid on which they occur prior to the execution of any Contract which may be awarded thereon.

If the product of a unit price and the estimated quantity for that unit does not equal the extended amount bid for such estimated quantity, the unit price shall be the amount bid for the unit, and the correct product of the unit price and the estimated quantity shall be the correct extended amount bid.

If the sum of the correct extended amounts bid does not equal the total amount shown in the bid proposal, the correct sum of the correct extended amounts bid shall be deemed the total amount bid.

c. No bid may be withdrawn after the time set for bid opening, unless the award of Contract is delayed for a period exceeding sixty (60) calendar days.

d. The DISTRICT is precluded by law from entering into a Contract for more than 15% in excess of the estimated cost of the work. Thus, the amount of the bid award to the low bidder will never exceed such amount.

1.8 EXAMINATION OF CONDITIONS

Bidders shall satisfy themselves as to the conditions of the work by personal examination of the plans, specifications and site of the proposed work, and by other examination and investigation which they may wish to make as to the nature of the project and any difficulties which may be encountered.

Filing of a bid shall constitute affirmation by the bidder that the bidder has complied with the following:

a. Carefully examined the Contract Documents;

b. Visited the site of the work and examined the site and any buildings or structures which may be involved in this Contract; and

c. Included in the proposal a sum sufficient to cover all items required by the Contract

Documents and all conditions, matters, and contingencies which could affect the work or the cost of performing the work.

The failure or omission of any bidder to receive or examine any site condition, form, instrument, addendum, or other documents shall in no way relieve such bidder from any obligation with respect to its proposal or the Contract. The DISTRICT shall not be responsible for claims or damages caused by conditions, matters, and contingencies which could reasonably have been determined from inspection of the work site and examination of the Contract Documents.

Prequalified C/P 8/7/17 3

1.8 EXAMINATION OF CONDITIONS (continued)

The DISTRICT shall not be responsible for claims or damages caused by conditions, matters, and contingencies which could reasonably have been determined from inspection of the work site and examination of the Contract Documents.

1.9 BID SECURITY

Each bid shall be accompanied by a bid security in a sum not less than five percent (5%) of the bid amount, excluding tax. Such security shall be in the form of a certified or cashier's check payable to the Public Utility District No. 1 of Snohomish County, or a bid bond (see Exhibit A) issued by a corporate surety licensed to do business in the State of Washington. The security shall contain the condition that the amount specified in such security shall be and remain the property of the DISTRICT as liquidated damages in the event that the successful bidder should fail or refuse to enter into a Contract in accordance with its bid and furnish the required performance security within ten (10) days from the date on which such bidder is notified that it is the successful bidder.

Unless otherwise agreed, the bid bond shall be obtained and maintained with companies rated A-or better by Best's Key Rating Guide.

It is understood by the CONTRACTOR that such failure will cause substantial injury to the DISTRICT, which injury is not easily reduced to monetary terms, and it is therefore agreed that the entire bid security is properly to be considered as liquidated damages for such injury and will be retained by the DISTRICT.

No bid will be considered unless accompanied by such check or bid bond.

1.10 DISTRICT'S RIGHT TO REJECT BIDS

The Commission reserves the unqualified right to reject any and all bids and to accept the bid or bids which, in its sole and absolute judgment, will under all circumstances best serve the interests of the DISTRICT.

Each bid shall be deemed a firm offer continuing for sixty (60) calendar days after the date set for the opening of the bids.

1.11 BID EVALUATION

A Contract will not be awarded until the DISTRICT is satisfied that the successful bidder is reasonably familiar with the class of work and has the necessary capital, tools and experience to satisfactorily perform same. Completion of the work within the time stated is essential and prior commitments of the bidder, failure to complete other work on time, or reasonable doubt as to whether the bidder would complete the work on time, may be cause for rejection of any bid.

All elements or factors, whether or not specifically provided for in the Contract Documents including, but not limited to, the bidder’s work safety record, which may affect the final cost to and the benefits to be derived by the DISTRICT, may be considered by the DISTRICT in determining the award of Contract.

1.12 PERFORMANCE SECURITY

Prior to the signing of the Contract, and within ten (10) days after the CONTRACTOR is notified that the CONTRACTOR is the successful bidder, the CONTRACTOR shall furnish the DISTRICT with performance security in the amount of 100% of the total Contract price, including tax, or such other amount as the DISTRICT deems necessary, which shall cover the full, faithful performance of the Contract and the payment of all obligations arising thereunder. Security shall consist of a performance bond in the form attached as "Exhibit B," issued by a corporate surety licensed to do business in the State of Washington, or other DISTRICT-approved performance security. Unless otherwise agreed, the performance bond shall be obtained and maintained with companies rated A- or better by Best's Key Rating Guide.

Prequalified C/P 8/7/17 4

1.13 CORRECTIONS, INTERPRETATIONS AND ADDENDA

Any omissions, discrepancies or need for interpretations in the Contract Documents shall be brought by the bidder to the attention of the DISTRICT'S Contracts/Purchasing Section in writing.

The DISTRICT may issue written addenda to clarify questions which arise. All interpretations or explanations of the Contract Documents shall be in writing in the form of addenda and no oral statements shall in any way modify the Contract Documents whether made before or after the letting of the Contract. It is the Bidders responsibility to check their Public Purchase account for updates and addenda.

1.14 CONSTRUCTION SCHEDULE

Should a construction schedule be required to be submitted with the bidder’s bid, it shall be so submitted with the bidder’s proposal form and, if agreed to by the DISTRICT, shall become a part of the Contract for this work.

1.15 REGISTERED CONTRACTOR

In submitting a proposal for this work, the bidder represents and warrants that the bidder is a registered CONTRACTOR in the State of Washington as provided by law and that prior to the execution of any Contract for the work, the bidder shall furnish satisfactory evidence of such registration.

1.16 PREQUALIFICATION OF CONTRACTORS

All CONTRACTORS bidding on this work shall be prequalified by the DISTRICT.

1.17 PREQUALIFICATION OF SUBCONTRACTORS

All subcontractors which the successful bidder may employ on this work shall be named in the Contract Proposal Form and shall be qualified by the DISTRICT as required by law for the work that the successful bidder intends to subcontract to such subcontractors. No subcontractor shall be considered eligible to work on this Contract unless such subcontractor is qualified and has been named on the Contract Proposal Form.

1.18 CONTRACTOR'S STATUS

By submitting a proposal under these Contract Documents, the CONTRACTOR represents that the CONTRACTOR has the necessary experience and expertise in the work contemplated.

It is understood and mutually agreed upon between the CONTRACTOR and the DISTRICT that the CONTRACTOR shall perform the work pursuant to these Contract Documents as an INDEPENDENT CONTRACTOR and not as an agent or employee of the DISTRICT.

1.19 ENVIRONMENTAL PROVISIONS

As required by law, the DISTRICT has compiled those provisions of law which deal with the prevention of environmental pollution and the preservation of public natural resources that may affect public construction projects. The authorities are included in that volume entitled "Environmental Provisions" which is on file with the Board of Commissioners, and which, if applicable to this work, is incorporated into these Contract documents by reference. This compilation is not exhaustive, but is intended to be an aid to the CONTRACTOR; it shall be the duty of the CONTRACTOR to become familiar and comply with all applicable environmental laws, and to provide all necessary and required environmental information to the CONTRACTOR’S employees and subcontractors.

If the successful bidder must undertake additional work due to the enactment of new or amendments to existing environmental statutes or regulations occurring after the submission of the successful bid, the DISTRICT shall issue a written order setting forth the additional work that must be undertaken, which shall not invalidate the Contract. The cost of such work to the DISTRICT shall be determined in accordance with the provisions of the Contract for changes in the work, PROVIDED, that such additional cost to undertake work not specified in the Contract Documents shall not be deemed approved unless written authorization is given to the successful bidder prior to its undertaking the additional activity.

Prequalified C/P 8/7/17 5

1.20 RECIPROCAL PREFERENCE FOR RESIDENT CONTRACTORS

a. In accordance with RCW 39.04.380, effective March 30, 2012, the State of Washington is enforcing a Reciprocal Preference for Resident Contractors. With respect to any public works bid received from a nonresident CONTRACTOR from a state that provides an in-state percentage bidding preference, a comparable percentage disadvantage, as more fully described in subsection (b) below, must be applied to the bid of that nonresident

CONTRACTOR.

A nonresident CONTRACTOR from a state that provides a percentage bid preference means a CONTRACTOR that:

i. is from a state that provides a percentage bid preference to its resident CONTRACTORs bidding on public works contracts;

ii. at the time of bidding on a public works project, does not have a physical office located in

Washington.

The state of residence for a nonresident CONTRACTOR is the state in which the CONTRACTOR was incorporated or, if not a corporation, the state where the CONTRACTOR'S business entity was formed.

All nonresident CONTRACTORs will be evaluated for out of state bidder preference. If the state of the nonresident CONTRACTOR provides an in-state CONTRACTOR preference, a comparable percentage disadvantage will be applied to their bid prior to contract award.

This section does not apply to public works procured pursuant to RCW 39.04.155, 39.04.280, or any other procurement exempt from competitive bidding.

b. For a public works bid received from a nonresident CONTRACTOR from a state that provides an in-state percentage bidding preference, a Comparable Percentage Disadvantage (CPD) will be applied to the bid of that nonresident CONTRACTOR. The CPD is the in-state CONTRACTOR percent advantage provided by the CONTRACTOR’s home state.

For the purpose of determining the successful bidder, the Nonresident CONTRACTOR bid amount shall be multiplied by the CPD. The “bid amount” shall be the total of the base bid and all accepted alternate bid items. The CPD shall be added to the Nonresident CONTRACTOR bid amount which equates to the Nonresident Disadvantage Total. The Nonresident Disadvantage Total shall be compared to the Washington CONTRACTOR bid amounts. The bidder with the lowest total shall be the successful bidder. See example below:

EXAMPLE: Alaska Nonresident Contractor Bid Amount $ 100,000 Multiplied by the Alaska CPD x 0.05 Alaska CPD Total $ 5,000

Alaska Nonresident Contractor Bid Amount $ 100,000 Alaska CPD Total $ 5,000 Nonresident Disadvantage Total $ 105,000*

* Note – If the Nonresident Disadvantage Total is lower than all other Washington CONTRACTOR bid amounts, the Alaska Nonresident CONTRACTOR is the successful bidder and will be awarded a contract for the bid amount of $100,000. If the Nonresident Disadvantage Total is higher than a Washington CONTRACTOR bid amount, the successful Washington bidder will be awarded a contract for the bid amount.

Prequalified C/P 8/7/17 6

GENERAL CONDITIONS

2.0 CONTRACT DOCUMENTS

2.1 DEFINITIONS

The terms listed below shall be defined and interpreted as follows:

a. "The Contract Documents" consist of the following:

i. Notice to Bidders;

ii. Instructions to Bidders;

iii. General Conditions and any Special Conditions;

iv. Specifications, Plans and Drawings and Attachments, if applicable;

v. CONTRACTOR'S Proposal Form, Agreements and Exhibits; and

vi. Any Amendments or Modifications.

b. "DISTRICT" means Public Utility District No. 1 of Snohomish County and its duly authorized representatives.

c. "CONTRACTOR" means the person, partnership, firm or corporation contracting to do work under these Contract Documents. The term shall also include the CONTRACTOR'S authorized representative.

d. "Work" includes all labor, tools, equipment, materials and incidentals necessary to complete the services required by the Contract Documents.

e. "Subcontractor" means any person, partnership, firm or corporation which contracts with the CONTRACTOR to perform any work under these Contract Documents. The term shall also include any person, partnership, firm or corporation which contracts with a subcontractor to perform any of said work.

2.2 OWNERSHIP OF CONTRACT DOCUMENTS

All drawings, specifications, and other Contract Documents, including copies thereof, prepared or furnished by the DISTRICT are the DISTRICT'S property. They shall not be used on other work, and with the exception of the signed Contract set, shall be returned to the DISTRICT on request.

2.3 COPIES FURNISHED

The CONTRACTOR shall be furnished three (3) copies of Contract Documents and shall keep at least one copy of the same constantly accessible on the job.

3.0 ADMINISTRATION OF THE CONTRACT

3.1 ADMINISTRATION BY THE DISTRICT

The DISTRICT will provide administration of this Contract. The DISTRICT shall also have the authority to reject all work, materials and equipment which do not conform to the Contract Documents, and to decide questions concerning the Contract Documents which arise during execution of the work.

The DISTRICT and its representatives shall at all times have access to the work in progress, and the CONTRACTOR shall provide proper facilities for such access and for inspection.

The DISTRICT shall not be responsible for and will not have control of the means, methods, techniques, sequences or procedures, or for safety precautions or programs in connection with the work, and shall not be responsible for the CONTRACTOR’S failure to carry out the work in accordance with the Contract Documents. The DISTRICT shall not be responsible for or have control over the acts or omissions of the CONTRACTOR, subcontractors, or any of their agents or employees.

Prequalified C/P 8/7/17 7

3.2 DETAIL DRAWINGS AND INSTRUCTIONS

The DISTRICT may, from time to time, furnish additional instructions by means of drawings or otherwise when necessary for the proper execution of the work and when requested by the CONTRACTOR. All such drawings and instructions shall be consistent with the Contract Documents.

The CONTRACTOR shall minimize requests for additional information by thoroughly studying the Contract Documents and reviewing all requests from CONTRACTOR’S subcontractors. The CONTRACTOR shall identify requests affecting the critical path of the CONTRACTOR for performance of the work and prioritize them accordingly.

The CONTRACTOR shall allow adequate time for a response from the DISTRICT to a request for additional instructions.

3.3 SUSPENSION OF THE WORK

The DISTRICT may at any time suspend the work, or any part thereof, by giving notice to the CONTRACTOR in writing. The work shall be resumed by the CONTRACTOR as soon as possible, but no later than ten (10) calendar days after the date fixed in the notice to resume work. The DISTRICT shall reimburse the CONTRACTOR for appropriate and reasonable expenses incurred by the CONTRACTOR as a result of such suspension, but CONTRACTOR shall take all necessary steps to minimize such expenses.

3.4 DISTRICT'S RIGHT TO DO WORK

If CONTRACTOR should fail to perform the work properly, fail to perform any provision of this Contract, or if at any time the CONTRACTOR fails to meet any part of the work schedule or the performance of the work is such that the DISTRICT reasonably concludes that the work will probably not be completed in the specified manner or within the prescribed time, then the DISTRICT may, after three (3) calendar days written notice to the CONTRACTOR and without prejudice to any other remedy the DISTRICT may have, itself perform or have performed any or all of the work under said Contract and may deduct the cost thereof from the payment then or thereafter due the CONTRACTOR.

3.5 USE OF COMPLETED PORTIONS

The DISTRICT shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time may not have expired for completing the entire work. Such possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents.

3.6 LANDS FOR THE WORK

The DISTRICT shall provide the lands upon which the work under the Contract is to be done, except that the CONTRACTOR shall provide land required for the erection of temporary construction facilities and storage of CONTRACTOR’S material, together with the right to access to same, unless otherwise specified by the DISTRICT. It shall be the responsibility of the CONTRACTOR to obtain permission from all affected landowners for such temporary construction facilities, storage sites and access routes.

4.0 CONTRACTOR RESPONSIBILITIES

4.1 CUSTOMER RELATIONS

CONTRACTOR agrees that its personnel and equipment shall at all times present a neat appearance. All work, contacts with customers, and any complaints shall be handled by the CONTRACTOR with due regard for the DISTRICT'S public relations. CONTRACTOR agrees that complaints of any nature received from property owners, public authorities, or other sources shall receive immediate attention. All complaints and any action taken by the CONTRACTOR in connection with such complaints shall be immediately reported to the DISTRICT.

Prequalified C/P 8/7/17 8

4.2 SUPERINTENDENCE AND SUPERVISION

The CONTRACTOR shall, during the progress of this contract, maintain a competent superintendent and any necessary assistants at the worksite. The CONTRACTOR shall inform the DISTRICT in writing of the name, business address and telephone number of such superintendent. The superintendent shall not be changed except with the consent of the DISTRICT, unless the superintendent proves to be unsatisfactory to the CONTRACTOR and ceases to be in the CONTRACTOR'S employ. In such case, CONTRACTOR shall notify the DISTRICT of the new superintendent. The CONTRACTOR shall, if requested to do so by the DISTRICT, remove any superintendent or assistants whom the DISTRICT determines to be incompetent, dishonest, careless, negligent, uncooperative or unsatisfactory. Failure to comply with such request shall be sufficient grounds for termination of the Contract.

Such superintendent shall be present or be duly represented at the site of the work at all times during the progress of the Contract, and shall have authority to make binding and enforceable decisions in the name of the CONTRACTOR. All requirements, instructions and other communications given to the authorized superintendent by the DISTRICT shall be binding as if given to the CONTRACTOR, and shall be confirmed in writing upon CONTRACTOR'S request.

4.3 LABOR AND MATERIALS

4.3.1 Materials and Equipment Furnished by DISTRICT

The CONTRACTOR shall receive and inspect all DISTRICT-furnished items. Such items shall be conclusively deemed acceptable for the purpose designed if received in satisfactory condition, subject only to hidden defects. The CONTRACTOR shall be entitled to damages for such defects only to the extent that such damages are recoverable by the DISTRICT against the supplier. If, at any time, the CONTRACTOR discovers any defect in material or equipment furnished by the DISTRICT, the CONTRACTOR shall immediately notify the DISTRICT in writing and shall cease to use such defective items pending receipt of instructions from the DISTRICT.

Upon receipt, CONTRACTOR shall bear the risk of loss for such items until final acceptance of all work by the DISTRICT, and CONTRACTOR shall repair or replace at its own expense any material or equipment that is lost or damaged during such time period.

4.3.2 Materials and Equipment Furnished by CONTRACTOR

Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all labor, tools, equipment, materials, light, power, water, transportation and other facilities necessary for the execution and completion of the work.

4.3.3 Payment of Prevailing Wages

All laborers, workmen and mechanics in each trade or occupation employed in the performance of the Contract either by the CONTRACTOR, subcontractors, or any other person doing or contracting to do the whole or any part of the work, shall be paid not less than the prevailing rate of wage as defined in RCW Chapter 39.12, and all revisions or amendments thereto. The CONTRACTOR and each subcontractor shall be required to comply with the provisions of said law pertaining to the payment of the prevailing rate of wage, and to the furnishing of a certificate or statement as required by said laws, and shall in all other respects comply with the provisions of said laws which by this reference are expressly made a part of this Contract. Wage Certificate Affidavit shall be as set forth in the attached Exhibit "C."

The prevailing wage rates which are in effect on the date when the bids by prime contractors are required to be submitted are the prevailing wage rates which must be paid for the duration of this Contract. If the Contract is not awarded within six

Prequalified C/P 8/7/17 9

4.3.3 Payment of Prevailing Wages (continued)

months of this date, the prevailing wage rates which are in effect on the date when the Contract is awarded are the prevailing wage rates which must be paid for the duration of the Contract. Exhibit "D," attached hereto, reflects wage rates in effect at the time these documents were prepared and are not necessarily the most current wage rates in effect at the time of the bid opening. By establishing these minimum rates, the DISTRICT does not exclude or limit the job classifications or work the CONTRACTOR will perform. The CONTRACTOR shall not pay a lesser sum than the prevailing rate of wage in the event such rate is more than the amount set forth in Exhibit "D." Any classification not specifically listed that may be employed upon said work shall nevertheless be paid the prevailing rate of wage as defined by the Laws of the State of Washington aforesaid.

The information in this Exhibit “D” is offered for the convenience of the CONTRACTOR. The DISTRICT does not represent that the information is accurate or complete. It is the responsibility of the CONTRACTOR to verify with the Washington State Department of Labor and Industries the Payment of Prevailing Wages level of prevailing wages that must be paid for labor under this Contract.

Prior to any payment being made on behalf of the DISTRICT under this Contract, the CONTRACTOR, and each subcontractor, shall file a statement under oath with the DISTRICT and certified by the Director of Labor and Industries indicating the rate of hourly wage paid and to be paid each classification of workers entitled to prevailing wages, which shall not be less than the prevailing rate of wage. Such statement shall include the estimated number of workers in each classification employed upon the work by the CONTRACTOR or subcontractor, as well as the CONTRACTOR'S registration certificate number. The statement, and any supplemental statements which may be necessary, shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries. No payment shall be made on this Contract until the DISTRICT receives such certified statement.

For a Contract in excess of ten thousand dollars ($10,000), the CONTRACTOR shall post in a location readily visible to workers at the job site:

a. A copy of the statement of intent to pay prevailing wages approved by the Industrial Statistician of the Department of Labor and Industries; and

b. The address and telephone number of the Industrial Statistician of the

Department of Labor and Industries where a complaint or inquiry concerning prevailing wages may be made.

In case any dispute arises as to what are the prevailing rates of wages, and such dispute cannot be resolved by the interested parties, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries and its decision thereon shall be final, conclusive and binding on all parties involved in the dispute.

4.3.4 Workmen and Discipline

The CONTRACTOR shall at all times enforce strict discipline and good order among its employees, and shall not employ any unfit person or anyone not skilled in the assigned work.

Employees or agents of the CONTRACTOR, who in the opinion of the DISTRICT may impair the quality of the work, shall be removed from this project by the CONTRACTOR upon the written request of the DISTRICT.

Prequalified C/P 8/7/17 10

4.3.5 Sanitation

Necessary sanitation conveniences for the use of workers on the job, properly secluded from public observation, shall be provided and maintained by the

4.4 FRANCHISES, LICENSES AND BONDS

Permission under franchises, licenses and bonds of a temporary nature necessary for the prosecution of the work, as well as inspection fees in connection therewith, shall be secured and paid for by the CONTRACTOR.

4.5 LAWS AND REGULATIONS

The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations of any governing authority bearing on the conduct of the work as drawn and specified. If the CONTRACTOR performs any work contrary to such laws, ordinances, rules or regulations, the CONTRACTOR shall bear all costs arising therefrom. The parties hereby incorporate 41 C.F.R. 60-1.4(a)(7); 29 C.F.R. Part 471, Appendix A to Subpart A;

41 C.F.R. 60-300.5(a)11; and 41 C.F.R. 60-741.5(a)6; if applicable. This Contractor and subcontractor shall abide by the requirements of 41 C.F.R. 60-300.5(a) and 41 C.F.R.

60-741.5(a). These regulations prohibit discrimination against qualified protected veterans, and qualified individuals on the basis of disability, respectively, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and qualified individuals with disabilities, respectively.

The CONTRACTOR shall be solely responsible for insuring that all work under this Contract is carried out in accordance with the Washington Industrial Safety and Health Act (WISHA) and all other applicable safety laws, rules, and regulations.

4.6 OMISSIONS AND DISCREPANCIES

Minor items of work or material omitted from the original plans or specifications, but clearly inferable from the information presented and which are called for by accepted good practice, shall be provided and/or performed by the CONTRACTOR as part of the CONTRACTOR’S original bid.

If the CONTRACTOR observes that the Contract Documents, including drawings, plans, and specifications, or physical conditions of the locality are at variance, are in error, or omit any necessary detail, CONTRACTOR shall promptly notify the DISTRICT, in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the work. Any work done after such observation, until authorized, shall be at CONTRACTOR'S risk.

4.7 UTILITIES OR OBSTRUCTIONS

It is understood that any information concerning existing utilities or obstructions shown on the Contract plans or drawings is made available to the CONTRACTOR for informational purposes only, and it is not guaranteed accurate by the DISTRICT. Incompleteness or error in this information shall not be cause for any claim for extra payment under this Contract. It shall be the responsibility of the CONTRACTOR to determine the actual location and numbers of any existing utilities and obstructions.

The CONTRACTOR shall protect all existing utilities, structures, and plants from damage of any kind; any such damage shall be repaired by the CONTRACTOR at no extra cost to

Prequalified C/P 8/7/17 11

4.8 CONTRACTOR'S WARRANTY

The CONTRACTOR warrants that materials and equipment furnished under this Contract will be of good quality and new, unless otherwise required or permitted by the Contract Documents. The CONTRACTOR shall warrant the work against defects in the work as described in the plans and specifications and otherwise set forth in the Contract Documents, for a period of one (1) year from the date of final acceptance of the project by the DISTRICT. CONTRACTOR shall be liable for any and all losses resulting from such defects, including reasonable court costs and attorneys' fees.

4.9 CLEAN-UP

The CONTRACTOR shall keep the work site reasonably clear during the progress of the work; CONTRACTOR shall not unreasonably encumber the site with any equipment or materials. Before this Contract shall be considered complete, the CONTRACTOR shall clean out ditches that may have been filled during the work, remove surplus materials and trash, and otherwise leave the job in a neat, orderly, and workmanlike condition. If the CONTRACTOR fails, in the opinion of the DISTRICT, to clean up appropriately, the DISTRICT may do so and the costs thereof shall be charged to the CONTRACTOR.

4.10 USE OF SITE

The CONTRACTOR shall confine operations at the site to areas permitted by law, ordinances, regulations, permits and the Contract Documents.

4.11 OBLIGATIONS UNDER FEDERAL LAW

The CONTRACTOR certifies that the CONTRACTOR is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency. If requested, the CONTRACTOR shall complete a Certification regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the CONTRACTOR for this Agreement shall be incorporated into this Agreement by reference. The CONTRACTOR shall immediately provide written notice to the DISTRICT if at any time the CONTRACTOR learns that it has become debarred, suspended, proposed for debarment, declared ineligible or is voluntarily excluded from participating in this Agreement by any Federal department or agency; or if at any time the CONTRACTOR learns that its Certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

To the extent that the Special Conditions, Specifications or CONTRACTOR Proposal Form indicate that Federal funds will be utilized with respect to the work to be performed under the Agreement, the CONTRACTOR shall not award any subcontract therefore to any party which is debarred, suspended or otherwise excluded from or ineligible for participation (as more fully described above) in any Federal assistance programs, except with the express written consent of the DISTRICT. In addition, the Special Conditions, Specifications or CONTRACTOR Proposal Form may include additional provisions requiring the CONTRACTOR to comply with specified provisions of the Federal Acquisition Regulations or other Federal laws or regulations, which provisions will be incorporated by reference into this Agreement. CONTRACTOR hereby agrees to include all such FAR or other provisions in any subcontracts entered into in furtherance of this Agreement.

5.0 SUBCONTRACTS

5.1 SUBCONTRACTORS PREQUALIFIED BY THE DISTRICT

The CONTRACTOR shall employ on the work pursuant to this Contract only those subcontractors named in the Contract Proposal Form and which have been qualified by

Prequalified C/P 8/7/17 12

5.2 SUBSTITUTION

The CONTRACTOR shall not make any substitution for any subcontractor, person, or organization who has been accepted by the DISTRICT to perform work pursuant to this Contract, unless such substitution has been approved by the DISTRICT.

5.3 NO CONTRACTUAL AGREEMENT WITH DISTRICT

Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the DISTRICT.

5.4 CONTRACTOR RESPONSIBILITY

The CONTRACTOR agrees that CONTRACTOR shall be fully responsible to the DISTRICT for the acts and omissions of CONTRACTOR’S subcontractors and of all persons either directly or indirectly employed by CONTRACTOR and such subcontractors.

6.0 SEPARATE CONTRACTS

6.1 SEPARATE CONTRACTS

The DISTRICT reserves the right to perform work with its own forces or to let other contracts in connection with this work. The CONTRACTOR shall afford the DISTRICT and other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly coordinate its work with theirs.

If any part of the CONTRACTOR'S work depends for proper execution or results upon the work of any other contractor, the CONTRACTOR shall inspect and promptly report to the DISTRICT, in writing, any defects in such prior work which render it unsuitable for the CONTRACTOR to proceed. Failure of the CONTRACTOR to so inspect and report defects shall constitute an acceptance by CONTRACTOR of the other contractor's work as fit and proper, except as to defects which may subsequently develop in the other contractor's work.

To insure proper execution of the CONTRACTOR’S work, the CONTRACTOR shall measure work already in place and shall report at once to the DISTRICT any discrepancy between the executed work and the drawings or Contract Documents.

7.0 MISCELLANEOUS

7.1 CLAIMS FOR EXTRA COST

If the CONTRACTOR, on the CONTRACTOR’S behalf or the behalf of any subcontractors, claims that any DISTRICT instructions contained in drawings or otherwise involve extra costs under this Contract, or the CONTRACTOR wishes to undertake or authorize additional work or to propose changes in the work, the CONTRACTOR shall give the DISTRICT written notice thereof within ten (10) calendar days after the receipt or notice of such instructions, or within ten (10) calendar days before authorizing or undertaking any such work. Such notice shall be sent to the DISTRICT’S Project Leader or the DISTRICT’S General Manager before proceeding to execute the work, except in emergency endangering life or property; the procedure and payment for work shall then be as provided in Article 13.1. If no written notice or claim is made within this ten (10) calendar day period, such inaction shall constitute acceptance by the CONTRACTOR that no claim for extra cost is involved.

No claims for extra cost or damages shall be made by the CONTRACTOR for work stoppage or delays caused by any governmental agency other than the DISTRICT or for any cause beyond the control of the DISTRICT; delays in delivery of DISTRICT-furnished materials or equipment for any cause beyond the control of the DISTRICT shall not be cause for such claims, except for those costs or damages that can be recovered directly from the material or equipment supplier.

Prequalified C/P 8/7/17 13

7.2 CLAIMS FOR DAMAGES

Any claim for damages, except for those alleged to be caused by delay, against the DISTRICT arising out of the performance of this Contract shall be made in writing to the Clerk of the Board of Commissioners, Public Utility DISTRICT No. 1, within thirty (30) calendar days of the discovery of such damage or no later than the time of approval by the DISTRICT of final payment, whichever is earlier, except as expressly stipulated otherwise.

CONTRACTOR, upon making application for final payment, shall be deemed to have waived its right to claim any other damages then known or thereafter discovered, unless such claim for final payment includes notice of such additional claim and fully describes the alleged damage.

7.3 WAIVER OF CLAIMS

The acceptance of final payment shall constitute a waiver of all claims by the CONTRACTOR, except those previously made in writing and still unsettled.

7.4 WRITTEN NOTICE

Written notice shall be deemed to have been duly served if delivered in person to the DISTRICT’S Project Leader or the Office of the General Manager of the DISTRICT, or the Office of the CONTRACTOR as set forth in these Contract Documents, or sent by U.S.

Mail to the last business address known to the sender, unless otherwise specified herein.

7.5 DISPUTE RESOLUTION

A. Any controversy or claim arising out of or relating to the Contract Documents, or breach thereof, shall be settled by negotiations between the senior management of each party to the dispute. If a negotiated settlement is not reached within ten (10) Days of the delivery of a written notice of dispute, the dispute shall then be settled by mediation, to be conducted by a mutually acceptable mediator in King or Snohomish County, Washington, in accordance with the Washington Uniform Mediation Act, R.C.W. Chapter 7.07. Each party to the dispute shall bear its own attorneys fees and shall bear an equal share of the costs of mediation. If the dispute is not resolved by mediation within forty (40) Days of the initial written notice of dispute, the dispute shall be settled by binding arbitration in accordance with the Washington Uniform Arbitration Act, R.C.W. Chapter 7.04A, subject to the procedural requirements set forth below and applying the substantive law of the State of Washington, including the statutes of limitation applicable to lawsuits.

B. The following procedures shall apply to any arbitration undertaken under this

Section 7.5:

(a) Notice: Either Party may initiate an arbitration by delivering a written demand for arbitration to the other Party in accordance with the requirements of the Contract Documents and by delivering said notice to any other entity that may be a party to the dispute;

(b) Venue: The arbitration shall be conducted in King or Snohomish County, Washington;

(c) Arbitral Panels: If no claim or counterclaim in the dispute (the “Amount in Dispute”) exceeds one million dollars, the arbitration shall be conducted before a single neutral arbitrator mutually acceptable to the Parties. The Parties shall agree upon an arbitrator within fifteen (15) Days of the date of delivery of the arbitration demand (or, failing such agreement, an arbitrator shall be appointed in accordance with R.C.W. § 7.04A.110). If the Amount in Dispute is $1 million or more, the arbitration shall be conducted before a panel of three neutral arbitrators.

Each

Prequalified C/P 8/7/17 14

7.5 DISPUTE RESOLUTION (continued)

party to such a dispute shall select an arbitrator within fifteen (15) Days of the date of delivery of the arbitration demand, and the arbitrators selected by the Parties shall appoint a third neutral arbitrator within thirty (30) Days of the date of delivery of the arbitration demand, who shall act as chairman of the arbitration panel. If either Party fails to appoint an arbitrator within fifteen (15) Days, or if the two appointed arbitrators cannot agree on a third arbitrator, any necessary replacement arbitrator shall be appointed in accordance with R.C.W. § 7.04A.110;

(d) Deadlines: If the Amount in Dispute is less than $250,000, the arbitration shall be completed within ninety (90) Days of the delivery date of the arbitration demand. If the Amount in Dispute is $250,000 or more, but less than $1 million, the arbitration shall be completed within one-hundred twenty (120) Days of the delivery date of the arbitration demand. If the Amount in Dispute exceeds one million dollars, the arbitration shall be completed within one year of the delivery date of the arbitration demand;

(e) Attorneys fees and costs: The arbitrator(s) may determine how the costs and expenses of the arbitration shall be allocated between the parties, but no attorneys fees shall be awarded.

(f) Discovery: In any arbitration, each party to the arbitration shall provide copies of all relevant documents to all other arbitral parties no later than sixty (60) Days from the delivery date of the demand for arbitration (or thirty (30) Days if the Amount in Dispute is less than $250,000).