Construction Terms & Conditions
as of July 2018
Our new standardized boilerplate makes it easier for King County Project Reps and contractors to administer and perform either advertised and small works roster contract types. Editable text (indicated in blue) can accommodate either roster projects or advertised contracts.
Definitions for "Project Schedule," "Schedule of Values," and "Float" have been moved to the definitions list for simplicity. The definitions should now be easier to find and reference. These terms are used and explained further in several provisions of Section 00700 and Division 01.
If a contractor provides a schedule in which the project finishes ahead of schedule, the remaining time up to the published Contract Time will be considered "Float". This is simpler than creating a contract change order. [Article 4.3.A].
The contractor may be charged liquidated damages for each day an approved key project team member [Article 3.6.A.3] or subcontractor [Article 3.6.B.3] is substituted or removed until a replacement is approved by the King County Project Rep.
When projects require permits, easements, variances, licenses etc. to be obtained by the contractor, or when easements or licenses are provided by King County, the contractor must provide written documentation of the dates of commencement and completion of work on each easement or license provided by King County. In addition, upon completion of use, the Contractor shall provide the King County Project Rep with a written release signed by the landowner, or authorized agent, stating that the landowner has no claims whatsoever against King County on account of the Contractor's use. Any fees or additional costs incurred due to failure to complete the work in the time required will be the responsibility of the Contractor. [Article 3.15.C]
Contractor shall receive approval from L&I on its Statement of Intent to pay prevailing wages prior to submitting an Application for Payment to the County. [Article 3.1.B] Statements of payment of prevailing wages must be submitted with each Application for Payment. [Article 7.0.A.3] Failure to provide statements with pay applications may be grounds for payment being withheld. [Article 7.2.A.11]
If the contractor creates an LLC and utilizes it as a subcontractor to obtain the additional 7% markup on subcontractor work (6.2.F.4.e.ii.b), the LLC must meet any requirements for that subcontractor scope specified in the Specification 00440 Qualifications Information. Regardless of the tiers of sub-subcontractors, the total combined overhead and profit markup will not exceed 25% of the direct costs to perform the change order work. (Article 6.2.F.4.e)
Each monthly Application for Progress Payment must include a statement by the contractor that prevailing wages have been paid in the time period of the services being billed (pursuant to the Statement of Intent to pay prevailing wages submitted to the industrial statistician of the Department of Labor & Industries) per RCW 39.12.040 (1)(b). The King County Project Rep must verify that the contractor has submitted a signed statement with the application before the payment is released. Agencies may choose to either use the new statement form, or add the required language to their own monthly pay application. (Article 7.0.A.3)
King County Project Reps must verify that updated payment and labor hours have been correctly entered into the CARTS system prior to releasing payment. (Article 7.0.B)
The Affidavit of Wages Paid requires that Prevailing Wage documentation be certified by the Department of Labor & Industries and submitted to the King County Project Rep before final payment may be released. (Article 7.6.C.1)