City of Sumner

Pierce County, Washington

CONTRACT PROVISIONS

for

VALLEY AVE WATER SYSTEM

IMPROVEMENTS

(City of Sumner CIP 25-05)

CERTIFICATION

The technical material and data contained in this document were prepared under the supervision and direction of the undersigned, whose seal, as a professional engineer licensed to practice as such, is affixed below.

RH2 Engineering, Inc. Alysa O’Haver-Ayala, PE Prepared By Approved By

CITY OF SUMNER

Approved for Construction City of Sumner Public Works Department

By:

Signature Date

Alisa O’Haver-Ayala – City Engineer Printed Name

03/13/2026

Signed: 03/13/2026

CONTRACT DOCUMENTS (CIP 25-05)

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

TABLE OF CONTENTS

LEGAL DOCUMENTS

CALL FOR BIDS ............................................................................................................................................ LD-1

BIDDER’S CHECKLIST ................................................................................................................................ LD-3

PROPOSAL SIGNATURE PAGE .................................................................................................................. LD-4

PROPOSAL..................................................................................................................................................... LD-5

SCHEDULE OF PRICES ................................................................................................................................ LD-6

SUBCONTRACTOR LIST – DOT FORM 271-015A ................................................................................. LD-10

PROPOSAL BOND ...................................................................................................................................... LD-11

CERTIFICATE AS TO ENTITY PRINCIPAL ............................................................................................ LD-12

CERTIFICATE AS TO ENTITY SEAL ....................................................................................................... LD-13

NON-COLLUSION DECLARATION ......................................................................................................... LD-14

CERTIFICATE OF COMPLIANCE WITH WAGE PAYMENT STATUTES ........................................... LD-15

PAYMENT AND PERFORMANCE BOND ............................................................................................... LD-16

CERTIFICATE OF INSURANCE ................................................................................................................ LD-19

STATEMENT OF INTENT TO PAY PREVAILING WAGES ................................................................... LD-20

STATEMENT OF INTENT TO PAY PREVAILING WAGES (SAMPLE FORM) ................................... LD-22

AFFIDAVIT OF WAGES PAID (SAMPLE FORM) ................................................................................... LD-23

REQUEST FOR RELEASE .......................................................................................................................... LD-24

SAMPLE PUBLIC WORKS CONTRACT................................................................................................... LD-25

AMENDMENTS TO STANDARD SPECIFICATIONS

DIVISION 1 GENERAL REQUIREMENTS

1-01.3 DEFINITIONS

1-02 BID PROCEDURES AND CONDITIONS

1-02.1 PREQUALIFICATION OF BIDDERS

1-02.1 QUALIFICATIONS OF BIDDER

1-02.1(1) SUPPLEMENTAL QUALIFICATIONS CRITERIA

1-02.2 PLANS AND SPECIFICATIONS

1-02.4 EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF WORK

1-02.4(1) GENERAL

1-02.4(2) SUBSURFACE INFORMATION

1-02.5 PROPOSAL FORMS

1-02.6 PREPARATION OF PROPOSAL

1-02.7 BID DEPOSIT

1-02.9 DELIVERY OF PROPOSAL

1-02.10 WITHDRAWING, REVISING, OR SUPPLEMENTING PROPOSAL

1-02.12 PUBLIC OPENING OF PROPOSALS

1-02.13 IRREGULAR PROPOSALS

1-02.14 DISQUALIFICATION OF BIDDERS

1-03 AWARD AND EXECUTION OF CONTRACT

1-03.1 CONSIDERATION OF BIDS

1-03.3 EXECUTION OF CONTRACT

1-03.4 CONTRACT BOND

1-03.4(1) RETAINAGE IN LIEU OF CONTRACT BOND

1-03.7 JUDICIAL REVIEW

1-04 SCOPE OF THE WORK

1-04.1(1) BID ITEMS INCLUDED IN THE PROPOSAL

1-04.1(2) BID ITEMS NOT INCLUDED IN THE PROPOSAL

1-04.2 COORDINATION OF CONTRACT DOCUMENTS, PLANS, SPECIAL PROVISIONS,

1-04.4 CHANGES

1-04.6 VARIATION IN ESTIMATED QUANTITIES

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

1-04.11 FINAL CLEANUP

1-04.12 INTERMEDIATE CLEANUP

1-05 CONTROL OF WORK

1-05.1 AUTHORITY OF THE ENGINEER

1-05.1(2) REQUESTS FOR INFORMATION

1-05.4 CONFORMITY WITH AND DEVIATIONS FROM PLANS AND STAKES

1-05.4(1) ROADWAY AND UTILITY SURVEYS

1-05.7 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK

1-05.11 FINAL INSPECTION

1-05.11 FINAL INSPECTIONS AND OPERATIONAL TESTING

1-05.11(1) SUBSTANTIAL COMPLETION DATE

1-05.11(2) FINAL INSPECTION AND PHYSICAL COMPLETION DATE

1-05.11(3) OPERATIONAL TESTING

1-05.12(1) WARRANTY

1-05.12(1) ONE-YEAR GUARANTEE PERIOD

1-05.13 SUPERINTENDENTS, LABOR, AND EQUIPMENT OF CONTRACTOR

1-05.15 METHOD OF SERVING NOTICES

1-05.16 WATER AND POWER

1-05.17 ORAL AGREEMENTS

1-05.18 RECORD DRAWINGS

1-06 CONTROL OF MATERIAL

1-06.1 APPROVAL OF MATERIALS PRIOR TO USE

1-06.1(1) QUALIFIED PRODUCTS LIST

1-06.2(1)A COMPACTION TESTING

1-06.2(2)B FINANCIAL INCENTIVE

1-06.6 RECYCLED MATERIALS

1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC

1-07.1 LAWS TO BE OBSERVED

1-07.2 STATE TAXES

1-07.2 STATE SALES TAX

1-07.2(1) STATE SALES TAX — RULE 171

1-07.2(2) STATE SALES TAX — RULE 170

1-07.2(3) SERVICES

1-07.6 PERMITS AND LICENSES

1-07.7 LOAD LIMITS

1-07.8 HIGH-VISIBILITY APPAREL

1-07.8(1) TRAFFIC CONTROL PERSONNEL

1-07.11(2) CONTRACTUAL REQUIREMENTS

1-07.17 UTILITIES AND SIMILAR FACILITIES

1-07.18 PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE

1-07.18 INSURANCE

1-07.18(1) GENERAL REQUIREMENTS

1-07.18(3) SUBCONTRACTORS

1-07.18(4) VERIFICATION OF COVERAGE

1-07.18(5) COVERAGES AND LIMITS

1-07.18(5)A COMMERCIAL GENERAL LIABILITY

1-07.18(5)B AUTOMOBILE LIABILITY

1-07.18(5)C WORKERS’ COMPENSATION

1-07.18(5)D EXCESS OR UMBRELLA LIABILITY

1-07.18(5)K PROFESSIONAL LIABILITY

1-07.18(6) INSURANCE – NO PARTIAL PAYMENT OBLIGATION

1-07.23 PUBLIC CONVENIENCE AND SAFETY

1-07.23(1) CONSTRUCTION UNDER TRAFFIC

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

1-07.23(3) TEMPORARY ROAD CLOSURES

1-07.24 RIGHTS OF WAY

1-08 PROSECUTION AND PROGRESS

1-08.0 PRELIMINARY MATTERS

1-08.0(1) PRECONSTRUCTION CONFERENCE

1-08.0(2) HOURS OF WORK

1-08.3 PROGRESS SCHEDULE

1-08.1(1) GENERAL REQUIREMENTS

1-08.1(1)A TYPE A PROGRESS SCHEDULE

1-08.4 PROSECUTION OF WORK

1-08.4 NOTICE TO PROCEED AND PROSECUTION OF WORK

1-08.4 NOTICE TO PROCEED AND PROSECUTION OF THE WORK

1-08.5 TIME FOR COMPLETION

1-08.6 SUSPENSION OF WORK

1-08.9 LIQUIDATED DAMAGES

1-09.2(1) GENERAL REQUIREMENTS FOR WEIGHING EQUIPMENT

1-09.6 FORCE ACCOUNT

1-09.7 MOBILIZATION/DEMOBILIZATION

1-09.11 DISPUTES AND CLAIMS

1-09.11(3) TIME LIMITATION AND JURISDICTION

1-09.13 CLAIMS RESOLUTION

1-09.13(3)A ARBITRATION GENERAL

1-09.13(4) VENUE FOR LITIGATION

1-09.14 ATTORNEY FEES

1-10 TEMPORARY TRAFFIC CONTROL

1-10.2 TRAFFIC CONTROL MANAGEMENT

1-10.2(1) GENERAL

1-10.2(1)B TRAFFIC CONTROL SUPERVISOR

1-10.3(1)B OTHER TRAFFIC CONTROL LABOR

1-10.2(2) TRAFFIC CONTROL PLANS

DIVISION 2 EARTHWORKS

2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP

2-01.1 DESCRIPTION

2-01.2 DISPOSAL OF USABLE MATERIAL AND DEBRIS

2-01.2(1) DISPOSAL METHOD NO. 1 – OPEN BURNING

2-01.3 CONSTRUCTION REQUIREMENTS

2-01.3(1) CLEARING

2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS

2-02.3 CONSTRUCTION REQUIREMENTS

2-02.3(3) REMOVAL OF PAVEMENT, SIDEWALKS, CURBS, AND GUTTERS

2-02.3(4) ASBESTOS HANDLING AND DISPOSAL

2-02.3(4)A ASBESTOS-CEMENT PIPE REMOVAL OR ABANDONMENT

2-03 ROADWAY EXCAVATION AND EMBANKMENT

2-03.1 DESCRIPTION

2-06 SUBGRADE PREPARATION

2-06.3 CONSTRUCTION REQUIREMENTS

2-06.3(2) SUBGRADE FOR PAVEMENT

2-07 WATERING

2-07.1 DESCRIPTION

2-07.2 WATERING FOR COMPACTION

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

DIVISION 5 SURFACE TREATMENTS AND PAVEMENTS

5-04 HOT MIX ASPHALT

5-04.1 DESCRIPTION

5-04.2 MATERIALS

5-04.2(1) HOW TO GET AN HMA MIX DESIGN ON THE QPL

5-04.2(1)A VACANT

5-04.2(2) MIX DESIGN - OBTAINING PROJECT APPROVAL

5-04.2(2)B USING WARM MIX ASPHALT PROCESSES

5-04.3 CONSTRUCTION REQUIREMENTS

5-04.3(1) WEATHER LIMITATIONS

5-04.3(2) PAVING UNDER TRAFFIC

5-04.3(3) EQUIPMENT

5-04.3(3)A MIXING PLANT

5-04.3(3)B HAULING EQUIPMENT

5-04.3(3)C PAVERS

5-04.3(3)D MATERIAL TRANSFER DEVICE OR MATERIAL TRANSFER VEHICLE

5-04.3(3)E ROLLERS

5-04.3(4) PREPARATION OF EXISTING PAVED SURFACES

5-04.3(4)B VACANT

5-04.3(4)C PAVEMENT REPAIR

5-04.3(5) PRODUCING/STOCKPILING AGGREGATES AND RAP

5-04.3(5)A VACANT

5-04.3(6) MIXING

5-04.3(7) SPREADING AND FINISHING

5-04.3(8) AGGREGATE ACCEPTANCE PRIOR TO INCORPORATION IN HMA

5-04.3(9) HMA MIXTURE ACCEPTANCE

5-04.3(9)A VACANT

5-04.3(9)B VACANT

5-04.3(9)C MIXTURE ACCEPTANCE – NONSTATISTICAL EVALUATION

5-04.3(9)C1 MIXTURE NONSTATISTICAL EVALUATION – LOTS AND SUBLOTS

5-04.3(9)C2 MIXTURE NONSTATISTICAL EVALUATION SAMPLING

5-04.3(9)C3 MIXTURE NONSTATISTICAL EVALUATION – ACCEPTANCE TESTING

5-04.3(9)C4 MIXTURE NONSTATISTICAL EVALUATION – PAY FACTORS

5-04.3(9)C5 VACANT

5-04.3(9)C6 MIXTURE NONSTATISTICAL EVALUATION – PRICE ADJUSTMENTS

5-04.3(9)C7 MIXTURE NONSTATISTICAL EVALUATION - RETESTS

5-04.3 (9)D MIXTURE ACCEPTANCE – COMMERCIAL EVALUATION

5-04.3(10) HMA COMPACTION ACCEPTANCE

5-04.3(10)A HMA COMPACTION – GENERAL COMPACTION REQUIREMENTS

5-04.3(10)B HMA COMPACTION - CYCLIC DENSITY

5-04.3(10)C VACANT

5-04.3(10)D HMA NONSTATISTICAL COMPACTION

5-04.3(10)D1 HMA NONSTATISTICAL COMPACTION - LOTS AND SUBLOTS

5-04.3(10)D2 HMA COMPACTION NONSTATISTICAL EVALUATION – ACCEPTANCE TESTING

5-04.3(10)D3 HMA NONSTATISTICAL COMPACTION – PRICE ADJUSTMENTS

5-04.3(11) REJECT WORK

5-04.3(11)A REJECT WORK GENERAL

5-04.3(11)B REJECTION BY CONTRACTOR

5-04.3(11)C REJECTION WITHOUT TESTING (MIXTURE OR COMPACTION)

5-04.3(11)D REJECTION - A PARTIAL SUBLOT

5-04.3(11)E REJECTION - AN ENTIRE SUBLOT

5-04.3(11)F REJECTION - A LOT IN PROGRESS

5-04.3(11)G REJECTION - AN ENTIRE LOT

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

5-04.3(12) JOINTS

5-04.3(12)A HMA JOINTS

5-04.3(12)A1 TRANSVERSE JOINTS

5-04.3(12)A2 LONGITUDINAL JOINTS

5-04.3(13) SURFACE SMOOTHNESS

DIVISION 7 DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS

7-04 STORM SEWERS

7-04.3 CONSTRUCTION REQUIREMENTS

7-05 MANHOLES, INLETS, CATCH BASINS, AND DRYWELLS

7-05.2 MATERIALS

7-05.3 CONSTRUCTION REQUIREMENTS

7-05.3(1) ADJUSTING MANHOLES AND CATCH BASINS TO GRADE

7-08 GENERAL PIPE INSTALLATION REQUIREMENTS

7-08.1 DESCRIPTION

7-08.3 CONSTRUCTION REQUIREMENTS

7-08.3(1) EXCAVATION AND PREPARATION OF TRENCH

7-08.3(1)A TRENCHES

7-08.3(1)C BEDDING THE PIPE

7-08.3(1)D POTHOLING

7-08.3(1)E ROCK EXCAVATION

7-08.3(1)F HANDLING OF PIPE

7-08.3(2)B PIPE LAYING - GENERAL

7-08.3(2)K RESTRAINED JOINT PIPE INSTALLATION

7-08.3(3) BACKFILLING

7-08.3(4) PLUGGING EXISTING PIPE

7-08.3(5) PIPE CROSSING EXISTING UTILITIES

7-08.3(6) EXISTING UNLOCATED WET UTILITIES

7-08.3(7) GENERAL SURFACE RESTORATION

7-09 WATER MAINS

7-09.1 DESCRIPTION

7-09.2 MATERIALS

7-09.3 CONSTRUCTION REQUIREMENTS

7-09.3(3) CLEARING AND GRUBBING IN UNGRADED STREETS

7-09.3(4) REMOVAL OF EXISTING STREET IMPROVEMENTS

7-09.3(5) GRADE AND ALIGNMENT

7-09.3(7) TRENCH EXCAVATION

7-09.3(8) REMOVAL AND REPLACEMENT OF UNSUITABLE MATERIALS

7-09.3(9) BEDDING THE PIPE

7-09.3(10) BACKFILLING TRENCHES

7-09.3(13) HANDLING OF PIPE

7-09.3(14) CUTTING PIPE

7-09.3(15) LAYING OF PIPE ON CURVES

7-09.3(15)A LAYING PIPE ON CURVES-DUCTILE IRON PIPE

7-09.3(19) CONNECTIONS

7-09.3(19)A CONNECTIONS TO EXISTING MAINS

7-09.3(19)B MAINTAINING SERVICE

7-09.3(21) CONCRETE THRUST BLOCKING

7-09.3(22) BLOWOFF ASSEMBLIES

7-09.3(23) HYDROSTATIC PRESSURE TEST

7-09.3(23)D VALVE PRESSURE TEST

7-09.3(24) DISINFECTION OF WATER MAINS

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

7-09.3(24)A FLUSHING

7-09.3(24)B REQUIREMENT OF CHLORINE

7-09.3(24)K RETENTION PERIOD

7-09.3(24)N FINAL FLUSHING AND TESTING

7-09.3(25) ABANDONMENT / REMOVAL OF TERMINATED WATER FACILITIES

7-11 TRENCHLESS CONSTRUCTION FOR CASING PIPE

7-11.1 DESCRIPTION

7-11.2 MATERIALS

7-11.2(1) SUBMITTALS

7-11.3 CONSTRUCTION REQUIREMENTS

7-11.3(1) PITS AND TRENCHES

7-11.3(2) JACKING

7-11.3(3) AUGER BORING

7-11.3(4) TUNNELING

7-12 VALVES FOR WATER MAINS

7-12.3 CONSTRUCTION REQUIREMENTS

7-12.3(1) INSTALLATION OF VALVE MARKER POST

7-12.3(2) ADJUST VALVE BOX

7-14 HYDRANTS

7-14.1 DESCRIPTION

7-14.3 CONSTRUCTION REQUIREMENTS

7-14.3(1) SETTING HYDRANTS

7-14.3(2)A HYDRANT RESTRAINTS

7-14.3(4) MOVING EXISTING HYDRANTS

7-14.3(5) RECONNECTING EXISTING HYDRANTS

7-14.3(6) HYDRANT EXTENSIONS

7-15 SERVICE CONNECTIONS

7-15.2 MATERIALS

7-15.3 CONSTRUCTION REQUIREMENTS

7-17.2(1) CONCRETE THRUST BLOCKING

7-17.3 CONSTRUCTION REQUIREMENTS

7-17.3(1)A CONCRETE THRUST BLOCKING

DIVISION 8 MISCELLANEOUS CONSTRUCTION

8-01 EROSION CONTROL AND WATER POLLUTION CONTROL

8-01.1 DESCRIPTION

8-01.3 CONSTRUCTION REQUIREMENTS

8-01.3(1) GENERAL

8-01.3(1)F VEHICULAR TRANSPORT OF SEDIMENT

8-02 ROADSIDE RESTORATION

8-02.2 MATERIALS

8-02.3 CONSTRUCTION REQUIREMENTS

8-02.3(6) MULCH AND AMENDMENTS

8-02.3(15) LAWN INSTALLATION

8-02.3(16) LAWN INSTALLATION

8-02.3(16)A LAWN INSTALLATION

8-04 CURBS, GUTTERS, AND SPILLWAYS

8-04.3 CONSTRUCTION REQUIREMENTS

8-04.3(1) CEMENT CONCRETE CURBS, GUTTERS, AND SPILLWAYS

8-05 QUALITY OF WORKMANSHIP

8-05.3 CONSTRUCTION REQUIREMENTS

8-05.3(1) CAST-IN-PLACE CONCRETE

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

8-14 CEMENT CONCRETE SIDEWALKS

8-14.3 CONSTRUCTION REQUIREMENTS

8-14.3(5) DETECTABLE WARNING SURFACE

8-21 PERMANENT SIGNING

8-21.2 MATERIALS

8-21.3 CONSTRUCTION REQUIREMENTS

8-21.3(1) LOCATION OF SIGNS

8-21.3(18) TEMPORARY SIGNING

8-22 PAVEMENT MARKING

8-22.2 MATERIALS

8-22.3 CONSTRUCTION REQUIREMENTS

8-23 TEMPORARY PAVEMENT MARKINGS

8-23.3 CONSTRUCTION REQUIREMENTS

DIVISION 9 MATERIALS

9-05 DRAINAGE STRUCTURES, CULVERTS, AND CONDUITS

9-05.12(3) TRACER WIRE AND SPLICES

9-05.12(4) BURIED UTILITY MARKING TAPE

9-30 WATER DISTRIBUTION MATERIALS

9-30.1 PIPE

9-30.1(7) CASING PIPE AND APPURTENANCES

9-30.1(8) RESTRAINED JOINT PIPE

9-30.2 FITTINGS

9-30.2(1) DUCTILE IRON PIPE FITTINGS

9-30.2(6) RESTRAINED JOINT FITTINGS

9-30.2(6)A TRUE (FABRICATED) RESTRAINED JOINT FITTINGS

9-30.2(7) BOLTED, SLEEVE-TYPE COUPLINGS FOR PLAIN END PIPE

9-30.3 VALVES

9-30.3(4) VALVE BOXES

9-30.3(5) VALVE MARKER POSTS

9-30.3(6) VALVE STEM EXTENSIONS

9-30.3(7) COMBINATION AIR RELEASE/AIR VACUUM VALVES

9-30.6 WATER SERVICE CONNECTIONS

9-30.6(1) SADDLES

9-30.6(3) SERVICE PIPES

9-30.6(3)B POLYETHYLENE TUBING

9-30.6(4) SERVICE FITTINGS

9-30.6(5) METER SETTERS

9-30.6(7) METER BOXES

DIVISION 10 MEASUREMENT AND PAYMENT

10.00 GENERAL

SCHEDULE A – WATER SYSTEM IMPROVEMENTS

BID ITEM 001 – MOBILIZATION, DEMOBILIZATION, SITE PREPARATION, AND CLEANUP

BID ITEM 002 – CONSTRUCTION SURVEY AND AS-BUILT RECORD DRAWINGS

BID ITEM 003 – TEMPORARY SEDIMENTATION AND EROSION CONTROL

BID ITEM 004 – POTHOLING EXISTING UTILITIES

BID ITEM 005 – SHORING AND TRENCH SAFETY SYSTEMS

BID ITEM 006 – 12-INCH DUCTILE IRON WATER MAIN

BID ITEM 007 – DOMESTIC SERVICE CONNECTIONS

BID ITEM 008 – SERVICE LINE EXTENSION

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

BID ITEM 009 – REMOVAL OR ABANDONMENT OF INACTIVE WATER SYSTEM

BID ITEM 010 – DISPOSAL OF ASBESTOS CEMENT WATER MAIN

BID ITEM 011 – 6-INCH GATE VALVE

BID ITEM 012 – 12-INCH GATE VALVE

BID ITEM 012 – FIRE HYDRANT ASSEMBLY

BID ITEM 014 – CONNECTION TO EXISTING SYSTEM

BID ITEM 015 – DEMOLITION

BID ITEM 016 – HOT MIX ASPHALT (HMA)

BID ITEM 017 – CRUSHED ROCK

BID ITEM 018 – SITE RESTORATION

BID ITEM 019 – TRAFFIC CONTROL PLAN & TEMPORARY ROADWAY CLOSURES

BID ITEM 020 – MINOR CHANGE

SCHEDULE B – ROADWAY IMPROVEMENTS (NON-TAXABLE)

BID ITEM 101 – MOBILIZATION, DEMOBILIZATION, SITE PREPARATION, AND CLEANUP

BID ITEM 102 – CONSTRUCTION SURVEY AND AS-BUILT RECORD DRAWINGS

BID ITEM 103 – TEMPORARY SEDIMENTATION AND EROSION CONTROL

BID ITEM 104 – DEMOLITION

BID ITEM 105 – PARALLEL CURB RAMP (TYPE A)

BID ITEM 106 – HOT MIX ASPHALT (HMA)

BID ITEM 107 – CEMENT CONCRETE SIDEWALK

BID ITEM 108 – CEMENT CONCRETE TRAFFIC CURB AND GUTTER

BID ITEM 109 – THERMO-PLASTIC TRAFFIC MARKINGS

BID ITEM 110 – CRUSHED ROCK

BID ITEM 111 – ROADWAY SITE RESTORATION

BID ITEM 112 – TRAFFIC CONTROL PLAN & TEMPORARY ROADWAY CLOSURES

BID ITEM 113 – MINOR CHANGE

SCHEDULE C – STORMWATER IMPROVEMENTS (NON-TAXABLE)

BID ITEM 201 – MOBILIZATION, DEMOBILIZATION, SITE PREPARATION, AND CLEANUP

BID ITEM 202 – CONSTRUCTION SURVEY AND AS-BUILT RECORD DRAWINGS

BID ITEM 203 – TEMPORARY SEDIMENTATION AND EROSION CONTROL

BID ITEM 204 – POTHOLING EXISTING UTILITIES

BID ITEM 205 – SHORING AND TRENCH SAFETY SYSTEMS

BID ITEM 206 – 12-INCH STORMWATER PIPE

BID ITEM 207 – DEMOLITION

BID ITEM 208 – HOT MIX ASPHALT (HMA)

BID ITEM 209 – CRUSHED ROCK

BID ITEM 210 – TRAFFIC CONTROL PLAN & TEMPORARY ROADWAY CLOSURES

BID ITEM 211 – MINOR CHANGE

APPENDICES

APPENDIX A

GEOLOGICAL INVESTIGATION TECHNICAL MEMORANDUM

CALL FOR BIDS

VALLEY AVE WATER SYSTEM IMPROVEMENTS

(CIP 25-05)

The City of Sumner will accept Sealed Bids at the Permit Center counter located on the second floor of Sumner City Hall, 1104 Maple Street, Sumner, WA 98390, until 1:00 p.m. Tuesday, April 14th, 2026 (Bid Opening Date) as displayed at https://www.time.gov/. If a Bidder chooses to submit a sealed bid before the Bid Opening Date, the Bidder shall call to schedule an appointment to deliver their bid. A staff member will be present at the Permit Center counter on the Bid Opening Date to receive sealed bids between 11:00 a.m. and 1:00 p.m. Just after 1:00 p.m. on the Bid Opening Date, bids will be formally opened and publicly read aloud in the City Council Chambers, located on the first floor of Sumner City Hall. Bids received after the Bid Opening Date will be deemed non-responsive.

The City of Sumner reserves the right to waive informalities in the bidding, accept a bid proposal of the lowest responsible and responsive bidder (Successful Bidder), reject any or all Bids, republish the Call for Bids, revise or cancel the scope of work, or require the work to be done in another way if doing so is in the best interest of the City.

All submitted bids shall be accompanied by a bid proposal deposit (certified or cashier’s check or approved bond) payable to the City of Sumner in an amount not less than five percent (5%) of the amount of the proposal price.

Should the Successful Bidder fail to enter into a contract with the City and furnish a satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Sumner.

The City of Sumner, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The Successful Bidder will be required to conform to the wage requirements prescribed by the federal Davis- Bacon and Related Acts which requires that all laborers and mechanics employed by contractors and subcontractors performing on contracts funded in whole or in part by SRF appropriations in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits, as determined by the Secretary of Labor, for corresponding classes of laborers and mechanics employed on similar projects in the area.

Plans, Specifications, and addenda for this project may be viewed online at the MRSC Roster Bonfire electronic bidding portal at:

https://mrscrosters.bonfirehub.com/portal/?tab=openOpportunites.

Free vendor registration is required to use this platform. It is the Bidder’s responsibility to check for addenda and other new documents online.

The public work for which bids are being accepted is described as follows:

https://www.time.gov/ https://mrscrosters.bonfirehub.com/portal/?tab=openOpportunites

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

Bid – The Bid includes improvements to the City’s existing water system including installation of 12-inch water main and casings, the abandonment of existing small-diameter water main, the relocation and reconnection of existing water meters and services, and the removal and replacement of three fire hydrant assemblies. Additional work includes improvements to the existing stormwater system and construction of two ADA-compliant curb ramps.

The contractor will have forty (40) working days to complete the work in compliance with all applicable laws and regulations. Work shall commence within ten (10) calendar days after execution of the contract and the issuance of a notice to proceed.

The Engineer’s estimate range for this project is between $600,000 and $700,000. For technical questions, please reach out to Thi Le, Engineering Specialist, at 253-299-5718, or bids@sumnerwa.gov.

Thi Le

Dates of publication in the Courier Herald: March 18th, 2026

Dates of publication in the Seattle Daily Journal of Commerce: March 18th , 2026 mailto:bids@sumnerwa.gov

BIDDER’S CHECKLIST

The Bidder’s attention is especially called to the following forms, which must be completed in full as required and submitted collectively as the Bid Proposal package:

1. Prime Contractor must be included on plan holders list, which is developed and maintained by the Owner. Contractors can register at www.sumnerwa.gov to be added to the plan holders list.

2. Proposal Signature Page

3. Proposal

The “Price Per Unit” and “Total Amount” for all schedules must be shown in the spaces provided. “Total Bid” needs to be completed.

4. Subcontractor List - DOT Form 271-015A

5. Proposal Bond

The “Proposal Bond” form is to be completed by the Bidder and the surety company unless Bid is accompanied by a certified check, postal money order, cash, or cashier’s check. The amount of this deposit shall not be less than five (5) percent of the total amount of the Bid Proposal and may be shown in dollars or on a percentage basis.

6. Certificate as to Entity Principal

7. Certificate as to Entity Seal

8. Non-Collusion Declaration

9. Certificate of Compliance with Wage Payment Statutes

Before award the lowest responsible bidder shall provide a list of all subcontractors (names and addresses) who submitted quotes on the project.

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

PROPOSAL – SIGNATURE PAGE

The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein.

A proposal guaranty in an amount of five percent (5%) of the total bid, based upon the approximate estimate of quantities at the above prices and in the form as indicated below is attached hereto:

Cash In the Amount of

Cashier’s Check Dollars

Certified Check ($ ) Payable to the City of Sumner

Proposal Bond In the Amount of 5% of the Bid Receipt is hereby acknowledged of addendum(s) No.(s) , , &

Signature of Authorized Official(s) Proposal Must be Signed

Title:

Firm Name:

Address:

Phone Number:

Email:

State of Washington Contractor’s License No.:

Federal ID No.

UBI #

Note:

(1) This proposal form is not transferable and any alteration of the firm’s name entered hereon without prior permission from the City of Sumner will be cause for considering the proposal irregular and subsequent rejection of the bid.

(2) Please refer to Section 1-02.6 of the standard specifications, re: “Preparation of Proposal,” or “Item 6” of the Instruction to Bidders for building construction jobs.

(3) Should it be necessary to modify this proposal either in writing or by electronic means, please make reference to the following proposal number in your communication: CIP 25-05.

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

PROPOSAL

To: City of Sumner

1. Pursuant to and in compliance with your Advertisement for Bids and the other documents relating thereto, the undersigned Bidder, having familiarized himself with the terms of the project related to those items herein bid, being aware of the local conditions affecting the performance of a Contract covering the items bid, having knowledge of the cost of the work at the place where the work is to be done and having familiarized himself with the Contract Documents, hereby proposes and agrees to perform the work and/or to furnish the equipment, any or all of the labor, materials, tools, expendable equipment and all utility and transportation services necessary to perform a Contract covering any or all of those items herein bid and to complete in a workmanlike manner all work covered by said Contract in connection with the Owner’s Valley Ave Water System Improvements, CIP 25-05, for the amounts stated below.

A. BID ITEMS (See Special Provisions and Standard Specifications for description of bid items)

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

Valley Ave Water System Improvements – Schedule of Prices

Item No.

Estimated Quantity

Unit Description of Item Section Unit Cost Amount

Bid Schedule A – Water System Improvements

001 1 LS

Mobilization, Demobilization, Site Preparation, and Cleanup

Div. 10 $_________ $_________

002 1 LS

Construction Survey and As-Built Record Drawings

Div. 10 $_________ $_________

003 1 LS

Temporary Sedimentation and Erosion Control

Div. 10 $_________ $_________

004 6 EA Potholing Existing Utilities Div. 10 $_________ $_________

005 1 LS Shoring and Trench Safety System Div. 10 $_________ $_________

006 114 LF 12-Inch Ductile Iron Water Main Div. 10 $_________ $_________

007 11 EA Domestic Service Connections Div. 10 $_________ $_________

008 170 LF Service Line Extension Div. 10 $_________ $_________

009 1 LS

Removal or Abandonment of Inactive Water System

Div. 10 $_________ $_________

010 50 LF Disposal of Asbestos Cement Water Main Div. 10 $_________ $_________

011 2 EA 6-Inch Gate Valve Div. 10 $_________ $_________

012 6 EA 12-Inch Gate Valve Div. 10 $_________ $_________

013 3 EA Fire Hydrant Assembly Div. 10 $_________ $_________

014 5 EA Connection to Existing System Div. 10 $_________ $_________

015 1 LS Demolition Div. 10 $_________ $_________

016 40 TN Hot Mix Asphalt (HMA) Div. 10 $_________ $_________

017 1,000 TN Crushed Rock Div. 10 $_________ $_________

018 1 FA Site Restoration Div. 10 $10,000 $10,000

019 1 LS

Traffic Control Plan and Temporary Roadway Closures

Div. 10 $_________ $_________

020 1 FA Minor Change Div. 10 $20,000 $20,000

Subtotal $________________

9.6% Sales Tax (Per W.S. Revenue Rule No. 171) $________________

Bid Total $________________

Contractor’s Name Signature

Valley Ave Water System Improvements – Schedule of Prices

Item No.

Estimated Quantity

Unit Description of Item Section Unit Cost Amount

Bid Schedule B – Roadway Improvements (Non-Taxable)

101 1 LS

Mobilization, Demobilization, Site Preparation, and Cleanup

Div. 10 $_________ $_________

102 1 LS

Construction Survey and As-Built Record Drawings

Div. 10 $_________ $_________

103 1 LS

Temporary Sedimentation and Erosion Control

Div. 10 $_________ $_________

104 1 LS Demolition Div. 10 $_________ $_________

105 2 EA Parallel Curb Ramp (Type A) Div. 10 $_________ $_________

106 50 TN Hot Mix Asphalt (HMA) Div. 10 $_________ $_________

107 150 SY Cement Concrete Sidewalk Div. 10 $_________ $_________

108 130 LF Cement Concrete Traffic Curb and Gutter Div. 10 $_________ $_________

109 1 LS Thermo-plastic Traffic Markings Div. 10 $_________ $_________

110 270 TN Crushed Rock Div. 10 $_________ $_________

111 1 FA Roadway Site Restoration Div. 10 $10,000 $10,000

112 1 LS

Traffic Control Plan and Temporary Roadway Closures

Div. 10 $_________ $_________

113 1 FA Minor Change Div. 10 $20,000 $20,000

Subtotal $________________

Valley Ave Water System Improvements – Schedule of Prices

Item No.

Estimated Quantity

Unit Description of Item Section Unit Cost Amount

Bid Schedule C – Stormwater Improvements (Non-Taxable)

201 1 LS

Mobilization, Demobilization, Site Preparation, and Cleanup

Div. 10 $_________ $_________

202 1 LS

Construction Survey and As-Built Record Drawings

Div. 10 $_________ $_________

203 1 LS

Temporary Sedimentation and Erosion Control

Div. 10 $_________ $_________

204 2 EA Potholing Existing Utilities Div. 10 $_________ $_________

205 1 LS Shoring and Trench Safety System Div. 10 $_________ $_________

206 55 LF 12-Inch Stormwater Pipe Div. 10 $_________ $_________

207 1 LS Demolition Div. 10 $_________ $_________

208 5 TN Hot Mix Asphalt (HMA) Div. 10 $_________ $_________

209 70 TN Crushed Rock Div. 10 $_________ $_________

210 1 LS

Traffic Control Plan and Temporary Roadway Closures

Div. 10 $_________ $_________

211 1 FA Minor Change Div. 10 $5,000 $5,000

Subtotal $________________

Washington State Department of Transportation Subcontractor List

Prepared in compliance with RCW 39.30.060 as amended

To Be Submitted with the Bid Proposal Project Name

Failure to list subcontractors with whom the bidder, if awarded the contract, will directly subcontract for performance of the work of structural steel installation, rebar installation, heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical, as described in Chapter 19.28 RCW or naming more than one subcontractor to perform the same work will result in your bid being non-responsive and therefore void.

Subcontractor(s) with whom the bidder will directly subcontract that are proposed to perform the work of structural steel installation, rebar installation, heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor(s) name.

If RCW 39.30.060 requires a proof of license, the license number of that Subcontractor is required. To the extent the Project includes one or more categories of work referenced in RCW 39.30.060, and no subcontractor is listed below to perform such work, the bidder certifies that the work will either (i) be performed by the bidder itself, or (ii) be performed by a lower tier subcontractor who will not contract directly with the bidder.

Subcontractor Name (and License Number if required)

Work to be performed

Subcontractor Name (and License Number if required)

Work to be performed

Subcontractor Name (and License Number if required)

Work to be performed

Subcontractor Name (and License Number if required)

Work to be performed

Subcontractor Name (and License Number if required)

Work to be performed

* Bidder’s are notified that it is the opinion of the enforcement agency that PVC or metal conduit, junction boxes, etc, are considered electrical equipment and therefore considered part of electrical work, even if the installation is for future use and no wiring or electrical current is connected during the project.

DOT Form 271-015 Revised 06/2025

● Previous Versions Obsolete ●

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

PROPOSAL BOND

KNOW ALL MEN BY THESE PRESENTS, That we, Of as principal, and the a corporation duly organized under the laws of the state of , and authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Sumner in the full and penal sum of five (5) percent of the total amount of the bid proposal of said principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind our heirs, executors, administrators and assigns, and successors and assigns, firmly by these presents.

The condition of this bond is such, that whereas the principal herein is herewith submitting his or its sealed proposal for the following highway construction, to wit:

said bid and proposal, by reference thereto, being made a part hereof.

NOW, THEREFORE, if the said proposal bid by said principal be accepted, and the contract be awarded to said principal, and if said principal shall duly make and enter into and execute said contract and shall furnish bond as required by the City of Sumner within a period of twenty (20) days from and after said award, exclusive of the day of such award, then this obligation shall be null and void, otherwise it shall remain and be in full force and effect.

IN TESTIMONY WHEREOF, the principal and surety have caused these presents to be signed and sealed this day of , .

(Principal)

(Surety)

(Attorney-in-fact)

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

CERTIFICATE AS TO ENTITY PRINCIPAL

I, ______________________________________________________________, certify that I am the _____________________________________________________ of the Entity named as Contractor in the agreement attached hereto, that __________________________________________________, who signed said agreement on behalf of the Contractor, was the _________________________________ of said entity; that said agreement was duly signed on and in behalf of said entity by authority of its governing body, and is within the scope of its powers.

Title:

State of ) ) ss.

County of )

___________________________________being duly sworn deposes and says that he/she is

________________________of__________________________________________________.

(Title) (Name of Organization)

Subscribed and sworn to before me this ____ day of ___________________, 20____.

Notary Public My commission expires _______________, 20____ Bond No.

CERTIFICATE AS TO ENTITY SEAL

I hereby certify that I am the of the Entity named as Principal in the within Bond; that who signed the said Bond on behalf of the Principal is of said Entity; that I know his/her signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for in behalf of said Entity by authority of its governing persons.

(Signature)

(Title)

A copy of this bond shall be filed with the County Auditor, except in the case where the Contract is with a City or Town.

NON-COLLUSION DECLARATION

Certification of Compliance with Wage Payment Statutes

Certification of Compliance with Wage Payment Statutes

The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date of _________________, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction.

I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Bidder’s Business Name

Signature of Authorized Official*

Printed Name

Title

Date City State Check One:

□ Sole Proprietorship □ Partnership □ Joint Venture □ Corporation □ LLC

State of Incorporation, or if not a corporation, State where business entity was formed:

If a co-partnership, give firm name under which business is transacted:

* If a corporation, proposal must be executed in the corporate name by the president or vice -president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner.

PAYMENT AND PERFORMANCE BOND

TO CITY OF SUMNER

KNOW ALL MEN BY THESE PRESENTS:

That we, the undersigned, _______________________________________ as Principal, and ____________________________________________________ a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF SUMNER in the penal sum of $__________ together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be.

This obligation is entered into in pursuance of the statutes of the State of

Washington, and the Codes and Ordinances of the CITY OF SUMNER.

Nevertheless, the conditions of the above obligation are such that:

WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Sumner, Pierce County, Washington, the Mayor of the City of Sumner has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of Valley Ave Water System

Improvements Project (25-05) (which contract is referred to herein and is made a part hereof as though attached hereto), and

WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth:

NOW, THEREFORE, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF SUMNER harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect.

WARRANTY, Upon acceptance of the contract work, Contractor must provide the

City a two-year warranty bond in the amount of 20% of the contract value specified above and in a form acceptable to the City. The contractor shall correct all defects in workmanship and materials within two (2) years from the date of the city’s acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used, rebuilt or used parts will not be acceptable.

When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is complete and accepted by the City. The

Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not complete the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body.

TWO WITNESSES:

PRINCIPAL (enter principal’s name above)

________________________ BY: _________________________

________________________ TITLE: _________________________

DATE: ___________________ DATE: _________________________

________________________ CORPORATE SEAL:

PRINT NAME

DATE: ___________________ ________________________________

SURETY

CORPORATE SEAL: BY: _____________________________

DATE: ___________________________

TITLE: ___________________________

ADDRESS: _______________________

CERTIFICATE AS TO CORPORATE SEAL

I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that _________________________________________

Who signed the said bond on behalf of the Principal ___________________________ Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body.

SECRETARY OR ASSISTANT SECRETARY

CERTIFICATE OF INSURANCE (SAMPLE)

SA

M

PLE

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

Statement of Intent to Pay Prevailing Wages (Public Works Contract)

RCW 39.12.040

Statement of intent to pay prevailing wages, affidavit of wages paid — Duty of public agencies to require

— Approval — Prerequisite to payment — Alternative procedure.

(1) Except as provided in subsection (2) of this section, before payment is made by or on behalf of the state, or any county, municipality, or political subdivision created by its laws, of any sum or sums due on account of a public works contract, it shall be the duty of the officer or person charged with the custody and disbursement of public funds to require the contractor and each and every subcontractor from the contractor or a subcontractor to submit to such officer a “Statement of Intent to Pay Prevailing Wages.” For a contract in excess of ten thousand dollars, the statement of intent to pay prevailing wages shall include:

(a) The contractor’s registration certificate number; and

(b) The prevailing rate of wage for each classification of workers entitled to prevailing wages under RCW

39.12.020 and the estimated number of workers in each classification.

Each statement of intent to pay prevailing wages must be approved by the industrial statistician of the department of labor and industries before it is submitted to said officer. Unless otherwise authorized by the department of labor and industries, each voucher claim submitted by a contractor for payment on a project estimate shall state that the prevailing wages have been paid in accordance with the prefiled statement or statements of intent to pay prevailing wages on file with the public agency. Following the final acceptance of a public works project, it shall be the duty of the officer charged with the disbursement of public funds, to require the contractor and each and every subcontractor from the contractor or a subcontractor to submit to such officer an “Affidavit of Wages Paid” before the funds retained according to the provisions of RCW 60.28.010 are released to the contractor. Each affidavit of wages paid must be certified by the industrial statistician of the department of labor and industries before it is submitted to said officer.

(2) As an alternate to the procedures provided for in subsection (1) of this section, for public works projects of two thousand five hundred dollars or less:

(a) An awarding agency may authorize the contractor or subcontractor to submit the statement of intent to pay prevailing wages directly to the officer or person charged with the custody or disbursement of public funds in the awarding agency without approval by the industrial statistician of the department of labor and industries. The awarding agency shall retain such statement of intent to pay prevailing wages for a period of not less than three years.

(b) Upon final acceptance of the public works project, the awarding agency shall require the contractor or subcontractor to submit an affidavit of wages paid. Upon receipt of the affidavit of wages paid, the awarding agency may pay the contractor or subcontractor in full, including funds that would otherwise be retained according to the provisions of RCW 60.28.010. Within thirty days of receipt of the affidavit of wages paid, the awarding agency shall submit the affidavit of wages paid to the industrial statistician of the department of labor and industries for approval.

VALLEY AVE WATER SYSTEM IMPROVEMENTS MARCH 2026

(c) A statement of intent to pay prevailing wages and an affidavit of wages paid shall be on forms approved by the department of labor and industries.

(d) In the event of a wage claim and a finding for the claimant by the department of labor and industries where the awarding agency has used the alternative process provided for in subsection (2) of this section, the awarding agency shall pay the wages due directly to the claimant. If the contractor or subcontractor did not pay the wages stated in the affidavit of wages paid, the awarding agency may take action at law to seek reimbursement from the contractor or subcontractor of wages paid to the claimant, and may prohibit the contractor or subcontractor from bidding on any public works contract of the awarding agency for up to one year.

(e) Nothing in this section shall be interpreted to allow an awarding agency to subdivide any public works project of more than two thousand five hundred dollars for the purpose of circumventing the procedures required by RCW 39.12.040(1).

PUBLIC WORKS CONTRACT

between City of Sumner and

THIS AGREEMENT, made and entered into this _______day of ____________________, __________, between the City of Sumner under and by virtue of Title 35 RCW (Cities and towns) as amended and , hereinafter called the Contractor.

WITNESSETH:

That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows:

I. The Contractor shall do all work and furnish all tools, materials and equipment for in accordance with and as described in the (a) attached plans and specifications, (b) the standard specifications of the Washington State Department of Transportation, and (c) all other documents, specifications, provisions and required regulations contained in the Bid Document package provided at bid opening, all of which are considered the “Contract Documents” and are incorporated herein by this reference and made part hereof as if fully set forth in this contract, and, shall perform any changes in the work in accord with the Contract Documents.

The Contractor shall provide and bear the expense of all equipment, work and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City of Sumner.

II. The City of Sumner hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner upon the conditions provided for in this contract. The Contractor for himself/herself, and for his/her heirs, executors, administrators, successors, and kin, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor.

III. Insurance and Indemnity. The following insurance and indemnification provisions shall apply to all of the above described work.

The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity.

Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement.

A. Insurance Term

The Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor’s work through the term of the contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated herein.

B. No Limitation

The Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Public Entity’s recourse to any remedy available at law or in equity.

C. Minimum Scope of Insurance

The Contractor’s required insurance shall be of the types and coverage as stated below:

1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.

Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01.

2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Public Entity shall be named as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the Public Entity using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed

Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage.

3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.

4. Builders Risk insurance covering interests of the Public Entity, the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on a special perils policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, and collapse. The Builders Risk insurance shall include coverage for temporary buildings, debris removal, and damage to materials in transit or stored off-site.