2026 HQ401687R Hansen Road Bridge Girders .docx

Request for Quotes and Qualifications(RFQQ) HQ401687R Hansen Road Bridge Girders The Washington State Department of Transportation (WSDOT) issues this Request for Quotes and Qualifications (RFQQ) under the authority of the Revised Code of Washington (RCW) 39.26. WSDOT reserves the right to modify dates and times. Any changes will be sent electronically as amendments to all users of Washington’s Electronic Business Solution (WEBS) who downloaded this RFQQ.

Posting Date April 15, 2026

Prebid Conference…………………………..April 22, 2026 9:00am https://teams.microsoft.com/meet/23828210452588?p=hXevArSoCyLq06VzH3 Meeting ID: 238 282 104 525 88 Passcode: 5Mq7kZ9M or dial in by phone +1 206-531-0324,,408496988# United States, Seattle Phone conference ID: 408 496 988#

Question Period Ends April 29, 2026 @ 4:00 PM

Bids Due May 12, 2026 @ 2:00 PM

Deliver Quotes to: Email: rita.swart@wsdot.wa.gov and david.masengale@wsdot.wa.gov

IMPORTANT: Bids must be delivered via Email and should have the following information enclosed:

· RFQ Number on the Subject line

· Bid Due Date and Time

· Procurement Coordinator’s Name

· Bidder’s Company Name & Address Required bid submittals shall be attached to the email as PDF, Microsoft Word, or Microsoft Excel format.

Contents

HQ401687R

Hansen Road Bridge Girders

1. SUMMARY OF OPPORTUNITY

1.1 Purpose of the rfqq

The Washington State Department of Transportation (WSDOT) is seeking quotes for 10 Precast Prestressed Concrete WF42G Wide Flange Girders. WSDOT is issuing this Competitive Solicitation pursuant to RCW 39.26, to conduct a competitive procurement to award an Agency Contract for WSDOT. WSDOT reserves the right to modify dates and times. Any changes will be sent electronically as amendments to all users of Washington’s Electronic Business Solutions (WEBS) who downloaded this RFQ.

Bidders are required to bid all portions of the embedded Price Worksheet and required documents. An incomplete Price Worksheet and solicitation submittal may be deemed non-responsive.

All special terms, conditions, and technical requirement will be described in upcoming sections. Vendors must be authorized to sell in the state of Washington.

1.2 Purchasers

The Washington State Department of Transportation (WSDOT) will be the primary user of this contract.

WSDOT accepts no responsibility for orders or payment by any other users of this contract.

1.3 Contract Term & Estimated Usage

The initial term of the Contract is a 1-time purchase from the award of the contract.

WSDOT does not represent or guarantee any minimum purchase.

Plans included in Appendix C

1.5 Delivery Requirements

General Provisions Once the bridge construction contract is awarded, the successful contractor will be responsible for arranging pickup from mid- September 2026 to October 31, 2026. Additional details will be provided after the construction contract award. Short-term storage may be required.

The RFQQ, its appendices, attachments, amendments and any incorporated documents will comprise the entire RFQQ that will become the resulting Contract between WSDOT and the awarded Contractor when it is countersigned by WSDOT.

By responding to this RFQQ, a Bidder acknowledges having read and understood the entire RFQQ and accepts all information contained within the RFQQ without modification. NOTE: The Competitive Procurement Standards is an Appendix to this RFQQ that consists of general provisions and terms for Solicitations issued by WSDOT. Should a term within the Competitive Procurement Standards conflict with a term elsewhere in the RFQQ, the latter will prevail.

2.2 Complaint, Debrief, Protest (General Information)

NOTE: See also, Appendix D - Complaint, Debrief, and Protest Procedure located in the Appendices section below. This document contains important additional and expanded details, such as rules, timing, criteria, form, etc.

Complaint: This RFQQ offers a Complaint period that ends three business days before the bid dead line. The complaint period is an opportunity for the bidder to voice objections, raise concerns or suggest changes. WSDOT will consider all complaints but is not required to adopt complaint, in part of full. If bidder complaints result in changes to the RFQQ, written amendments will be issued and posted on WEBS.

Complaints must be sent to the Solicitation Coordinator named on the face page of this document within 5 business days of the initial posting.

Debrief: Debrief meetings are an opportunity for a bidder and the Solicitation Coordinator to meet and discuss the bidders submittal. A debrief is a required prerequisite for a bidder wishing to lodge a protest. Following the evaluation of the bids, WSDOT will issue an announcement of the Apparent Successful Bidder. That announcement may be made by any means, but WSDOT will likely use WEBS and email to notify bidders. Bidders will have three business days to request a debrief meeting. Once a debrief meeting is requested, WSDOT will offer the requesting bidder one meeting opportunity and notify the Bidder of the Debrief meeting place, date and time. Please note, because the Debrief process must occur before making an award, WSDOT will likely schedule the Debrief meeting shortly following the announcement of the Apparent Successful Bidder and the bidder’s request for a debrief meeting. WSDOT will not allow the Debrief process to delay the award or be used as a delaying tactic. Therefore, Bidders should plan for contingencies and alternate representatives. Bidders unwilling or unable to attend the Debrief meeting will lose their opportunity to Protest.

Protest: Bidders wishing to protest must do so in conformity with Appendix D - Complaint, Debrief, and Protest Procedure located in the Appendices section below.

2.3 Washington’s Electronic Business Solution (WEBS)

Bidders are solely responsible for:

· Properly registering with Washington’s Electronic Business Solution (WEBS) at https://fortress.wa.gov/ga/webs/, and maintaining an accurate Vendor profile in WEBS.

· Downloading the RFQQ packet consisting of the RFQQ, all Appendices, and incorporated documents related to the RFQQ for which you are interested in Bidding.

· Downloading all current and subsequent Amendments to the RFQQ to ensure receipt of all RFQQ documents.

Notification of Amendments to the RFQQ will only be provided to those vendors who have registered with WEBS and have downloaded the RFQQ from WEBS. Failure to do so may result in a bidder having incomplete, inaccurate, or otherwise inadequate information and bid.

2.4 Amendments

Prior to the bid due date and time, WSDOT reserves the right to change portions of this RFQQ. All changes will be issued in writing by WSDOT as an Amendment and incorporated into the RFQQ. If there is any conflict between Amendments, or between an Amendment and the RFQQ, the document issued last in time will be controlling. Only bidders who have properly registered and downloaded the original RFQQ directly via WEBS will receive notification of Amendments and other correspondence pertinent to the procurement.

2.5 Bidder Communication Responsibilities

During the RFQQ process, all bidder communications concerning this RFQQ must be directed to the Solicitation Coordinator. Unauthorized contact regarding this RFQQ with other state employees involved with the RFQQ may result in disqualification. All oral and written communications will be considered unofficial and non-binding on WSDOT. Bidders should rely only on written amendments issued by the Solicitation Coordinator.

Bidders are encouraged to make any inquiry as early in the process as possible to allow WSDOT to consider and respond. No response is required from the Solicitation Coordinator.

Additionally, if a bidder does not notify WSDOT of an issue, exception, addition, or omission, WSDOT may consider the matter waived by the bidder for protest purposes.

If bidder inquiries result in changes to the RFQQ, written amendments will be issued and posted on WEBS.

2.6 Bidder Responsiveness

Bidders are to respond to each question/requirement contained in this RFQQ. Failure to comply with any applicable item may result in a Bid being deemed non-responsive and disqualified.

WSDOT reserves the right to determine the actual level of bidders’ compliance with the requirements specified in this RFQQ and to waive informalities in a bid. An Informality is an immaterial variation from the exact requirements of the competitive RFQQ, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the supplies or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to bidders (See WAC 200-300-015(18)).

2.7 Pricing

Bid prices must include all cost components needed for the delivery of the goods and/or services as described in this RFQQ. Failure to identify all costs in a manner consistent with the instructions in this RFQQ is sufficient grounds for disqualification.

The proposed pricing levels should reflect the market provided by the Contract resulting from this RFQQ.

Pricing provided on the Price Worksheet is to be rounded to the nearest whole cent.

2.8 Non-Endorsement & Publicity

In selecting a bidder to supply goods and purchased services, WSDOT is not endorsing the bidder’s goods and purchased services, nor suggesting that they are the best or only solution to their needs.

2.9 No Costs or Charges

Costs or charges incurred before a Contract is fully executed will be the sole responsibility of the bidder.

2.10 No Best and Final Offer

WSDOT reserves the right to make an award without further discussion of the bid submitted; i.e., there will be no best and final offer request. Therefore, the bid should be submitted on the most favorable terms that a Bidder intends to offer.

2.11 Dealer Authorization

The bidder, if other than the manufacturer, must provide upon request a current, dated, and signed authorization from the manufacturer that the bidder is an authorized distributor, dealer or service representative and is authorized to sell the manufacturer's products. Failure to provide manufacturer’s authorization upon request may result in Bid rejection.

2.12 Economic and Environmental Goals

In support of the state’s economic and environmental goals, although not an Award factor (unless otherwise specified herein), bidders are encouraged to consider the following in responding to this RFQQ:

· Support for a diverse supplier pool, including small, Minority, Women, and Veteran -Owned Business Enterprises (MWBE), is a goal of this contract. Please identify if your company is a small, Minority, Women, and Veteran -Owned Business.

· Use of environmentally preferable goods and services to include post consumer waste and recycled content.

· Products made or grown in Washington.

3. PREPARATION OF BIDS

3.1 Bid Submittals (Checklist)

The following checklist identifies the hard copy submittals that comprise a bid. Any bid received without a hard copy items identified in this checklist and designated as REQUIRED will be rejected as being non-responsive. Please identify each page of the submittals, as well as any supplemental materials with your company name or other identifiable company mark.

· Signature (REQUIRED): Complete as instructed and return a signed original of the Authorized Offer & Contract Signature Page.

· Price Worksheet (REQUIRED): Complete as instructed and return a copy of the Price Worksheet Appendix. Failure to complete this submittal as instructed will result in a bid being rejected for lack of responsiveness.

· Bidder Profile (REQUIRED): Complete as instructed and return a copy of the Bidder Profile Appendix.

· RFQQ Amendments (AS INSTRUCTED): If instructed to do so in any Amendment to this RFQQ, sign and return a copy. Failure to sign and return any required Amendments to this RFQQ, may result in a bid being rejected for lack of responsiveness. When in doubt, sign and return a copy of all RFQQ Amendments.

· Insurance Documentation (REQUIRED): See Appendix A, Page 15.

3.2 Format

Bidders must provide at least one solicitation bid packet via email with attachments included. Bids packets must be complete and properly signed by an authorized representative of the bidder. All changes and/or erasures must be initialed in ink. Unsigned bids will be rejected on opening unless satisfactory evidence was submitted clearly establishing the bidder’s desire and intent to be bound by the bid, such as a signed cover letter. Incomplete or illegible bids may be rejected.

3.3 Electronic Copies

Please retain copies of your solicitation submittals. WSDOT prefers the same file format(s) as the format(s) used to create the submittals (i.e. MS Word, Excel) unless written information is included as a part of the submittal, such as a signature. For submittals with written information or copies of other documents such as licenses, please submit as a pdf.

3.4 Due Date and Time

Bid packages must be received on or before the due date and time at the email location specified on the cover page. Time of receipt will be determined by the email time when sent to WSDOT. In the event there are any delays due to issues by receipt of email (e.g. a server delaying arrival of materials due to attachments), the solicitation coordinator will determine if materials were received within the time due.

If a bid is late or received at a location other than that specified it will be rejected.

3.5 Bid Opening

After the bid due date and time, the solicitation coordinator will review and process the bid documents protecting the confidentiality of the contents. The names of the bidders will be recorded and made available upon request. Bid contents will not be available for public view until after the contract has been awarded (RCW 39.26.030).

4. EVALUATION AND AWARD

4.1 General Provisions

· Bidder Responsiveness, Responsibility and Price Factors will be evaluated based on the Evaluation Process described in this section.

· Contract Award will be based on the evaluation and Award criteria established herein and will be subject to consideration of all factors identified in RCW 39.26, WAC 200-300, and other criteria identified in the RFQQ.

· Bidders whose bids are determined to be non-responsive will be rejected and will be notified of the reasons for such rejection.

· To aid in the evaluation process, after the bid due date and time, WSDOT may require individual bidders to appear at a date, time and place determined by WSDOT for the purpose of conducting discussions to determine whether both parties have a full and complete understanding of the nature of Contractual requirements. In no manner will such action be construed as negotiations or an indication of WSDOT’s intention to Award.

· WSDOT reserves the right to: (1) Waive any informality; (2) Reject any or all Bids, or portions thereof;(3) Accept any portion of the items Bid unless the Bidder stipulates all or nothing in their Bid; (4) Cancel an RFQQ and re-solicit Bids; (5) Negotiate with the lowest Responsive and Responsible Bidder to determine if that Bid can be improved for the Purchaser.

· Preferences and Penalties: Preferences and penalties that are required by law, rule, or RFQQ will be applied to evaluations. Some preferences and penalties may be added by contract language and could be applied to bid pricing. A preference reduces the bidder’s stated price by the amount of the preference and is an advantage to the bidder. A penalty increases the bidder’s stated price by the amount of the penalty and is a disadvantage to the bidder. Preferences and penalties are applied to the pricing for evaluation purposes only, but are not applied for purchasing purposes.

· References: WSDOT reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness; any negative or unsatisfactory response may be an adequate reason for rejecting a Bidder as non-responsible and unable to suit the needs of the state. WSDOT reserves the right to waive the reference check. Bidders deemed non-responsible will be rejected.

4.2 Determination of Responsiveness

Bids will be reviewed initially on a pass/fail basis to determine compliance with administrative requirements as specified herein.

WSDOT reserves the right to determine at its sole discretion whether a bidder’s response to a minimum RFQQ requirement is sufficient to pass. However, if all bidders fail to meet any single RFQQ requirement, WSDOT may reject all bids and cancel the RFQQ or waive the requirement from the RFQQ’s requirements for responsiveness.

Responsive bids will be further evaluated based on the requirements in this RFQQ.

4.3 Determination of Responsibility

During evaluation, WSDOT reserves the right to make reasonable inquiry to determine the responsibility of any bidder. Requests may include, but are not limited to, financial statements, credit ratings, references, record of past performance, clarification of bidder’s offer, and on-site inspection of bidder's or bidder's Subcontractor's facilities. Failure to respond to said request(s) may result in a bid being rejected as non-responsive.

4.4 Price Evaluation

The Evaluation Total from Responsive Bids is calculated as shown on the Price Worksheet embedded as Appendix B, Price Worksheet.

Price Sheet (Appendix B, Price Worksheet): Bidders must record their bid pricing in the appropriate cells on the Price Sheet. Bidders must submit pricing for all required line items (highlighted green areas on price sheet); failure to do so will result in the bid being non-responsive.

4.5 TECHNICAL SPECIFICATIONS EVALUATION

WSDOT reserves the right to request that the Apparent Successful Bidder provide documentation to evidence that the product bid meets the technical specifications. Failure to fulfill this request within 10 business days of the request may be cause for rejection.

4.6 Selection of Apparent Successful Bidder

The Responsive and Responsible Bidder that meets all of the RFQQ requirements, has the lowest Evaluation Total as calculated on Appendix B, Price Worksheet, as well as meeting delivery requirements will be the Apparent Successful Bidder.

To ensure conformity with RFQQ terms and minimum requirements, WSDOT reserves the right to request data, test, and measure as part of the evaluation process prior to award. Failure to provide requested data that ensures conformity with the RFQQ terms and minimum requirements within ten days may result in disqualification.

Designation as an Apparent Successful Bidder does not imply that WSDOT will issue an Award to your firm. It merely suggests that at this moment in time, WSDOT believes a bid to be responsive. This designation allows WSDOT to perform a responsibility analysis and ask for additional documentation. WSDOT is also at liberty to re-review and determine whether the bid is truly responsive as initially believed. The bidder must not construe this as an Award, impending Award, attempt to negotiate, etc. If you act or fail to act in reliance of this notification, you do so at your own risk and expense.

4.7 Announcement of Apparent Successful Bidder

Following the announcement of the Apparent Successful Bidder, bidder’s may request a debrief conference. The bidder will have a short period of time to request the debrief conference and a debrief conference is a required prerequisite for any bidder desiring to protest the award. See also RFQQ section 2.2 – Complaints, Debriefs, and Protests (General Information) and Appendix D – Complaint, Debrief, and Protest Procedures. These have expanded details regarding timing, form, and contact information. Failure to follow applicable instructions could result in your claim being denied.

4.8 Award

An Award, in part or full, is made by WSDOT signature on the signature page (Authorized Offer and Contract Signature Page). In some circumstances, WSDOT may include an Award Letter which further defines the Award and is included by reference to accompany the signature page.

WSDOT reserves the right to award on an All or Nothing consolidated basis.

Following the Award, all bidders will receive a Notice of Award; usually through a WEBS email notification.

4.9 Bid Information Availability after Award

After the Contract has been awarded, information regarding results of the RFQQ may be obtained by contacting the Solicitation Coordinator. Bidders may also schedule an appointment to review the bidding process.

5. CONTRACT INFORMATION

5.1 Incorporated documents and order of precedence

A bid submitted to this RFQQ is an offer to Contract with WSDOT.

A bid becomes a Contract only when awarded and accepted in writing by WSDOT on the Authorized Offer & Contract Signature Page and upon notice or copy of which is communicated back to the Apparent Successful Bidder.

The documents listed below are, by this reference, incorporated into a Contract resulting from this RFQQ as though fully set forth herein. No other statements or representations, written or oral, are a part of the Contract.

a. The RFQQ

b. The awarded Vendor/Contractor’s Bid

c. All Appendices

d. RFQQ Amendments (if any)

e. Award Letter (if any) In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order:

a. Applicable Federal and state of Washington statutes and regulations

b. Mutually agreed written Amendments to the resulting Contract

c. The Contract, including all documents incorporated in the subsection immediately above.

Conflict: To the extent possible, the terms of the Contract must be read consistently.

Conformity: If any provision of the Contract violates any Federal or state of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law.

5.2 Parties

This Contract is entered into by and between the Washington State Department of Transportation, acting by and through WSDOT and the awarded Contractor with the parties more fully described in the Authorized Offer and Contract Signature Page below.

5.3 Authority to Bind

The signatories to this Contract represent that they have the authority to bind their respective organizations to this Contract.

5.4 Counterparts

This Contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate will be deemed an original copy of this Contract signed by each party, for all purposes.

5.5 Changes

WSDOT reserves the right to modify the resulting Contract (including but not limited to adding or deleting products) by mutual agreement between WSDOT and the Contractor. Alterations to any of the terms, conditions, or requirements of this Contract will only be effective upon written issuance of a mutually-agreed Contract Amendment by WSDOT. However, changes to point of contact information may be updated without the issuance of a mutually-agreed Contract Amendment.

5.6 Price Adjustments

Firm and Fixed Period Pricing will remain firm and fixed for one year from date of award of the contract.

Price Protection The Contract prices are the maximum prices the Contractor may charge.

If lower pricing for similar quantities becomes effective for the Contractor, Purchasers must be given immediate benefit of such lower pricing. The Contractor may also offer volume and promotional discounts.

Contractor agrees all the prices, terms, warranties, and benefits provided in this Contract are comparable to or better than the terms presently being offered by the Contractor to any other governmental entity purchasing similar quantities under similar terms. If, during the term of this Contract, the Contractor enters into Contracts with other governmental entities providing greater benefits or more favorable terms than those provided by this Contract, the Contractor is obligated to provide the same to Purchasers for subsequent purchases. WSDOT will be notified of changes in Contract pricing.

Price Increases After the first year, from contract award date, the Contractor may propose price increases on a semi-annual basis by written notice to the Contract Administrator. Price increases are to be on a pass-through basis only and must not produce a higher profit margin for the Contractor than that established by original Contract pricing. Requests must include supporting documentation such as price increases at the Manufacturer's level and/or other documentation of cost increases.

Consideration of price increases will be at the sole discretion of WSDOT. If a price increase is approved in-part or in-full, the resulting new Contract pricing will be implemented through a Contract Amendment, and will remain unchanged for 180 days.

Contract Extensions and Price Adjustments Contractors may not make Contract extensions contingent on price adjustments.

5.7 Miscellaneous Expenses

Expenses related to day-to-day Contract performance (including but not limited to, travel, lodging, meals, and incidentals) will not be reimbursed to the Contractor. However, WSDOT recognizes that there may be occasions when the purchaser requires the bidder to travel. In such case the purchaser must provide written pre-approval of such expenses on a case-by-case basis. Any such reimbursement will be at rates not to exceed the guidelines for state employees published by the Washington State Office of Financial Management set forth in the Washington State Administrative and Accounting Manual, and not to exceed expenses actually incurred.

Solicitation Timeline

APPENDICES

Reminder: By responding to this RFQQ, a Bidder acknowledges reading, understanding, and accepting all information contained within the entire RFQQ without modification.

Appendix A, Standard Terms

Appendix B, Price Worksheet

Appendix C, Girder Plans

Appendix D, Bidder Profile

Appendix E, Complaint, Debrief and Protest Procedures

Appendix F, 18-03 Certification

Appendix G, Assurance

Appendix H, Environmental Policies

CERTIFICATIONS & ASSURANCES

We make the following certifications and assurances as a required element of submitting this Bid, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the RFQQ are conditions precedent to the award or continuation of the resulting Contract.

1. We have read, understand, and agree to abide by all information contained in the RFQQ, all Appendices, and incorporated documents.

2. The prices in this Bid have been arrived at independently, without engaging in collusion, Bid rigging, or any other illegal activity, and without for the purpose of restricting competition any consultation, communication, or agreement with any other Bidder or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered. The prices in this Bid have not been and will not be knowingly disclosed by the Bidder, directly or indirectly, to any other Bidder or competitor before Contract award unless otherwise required by law. No attempt has been made or will be made by the Bidder to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. However, we may freely join with other persons or organizations for the purpose of presenting a Bid.

3. The attached Bid is a firm offer for a period of 365 days following the Bid Due Date specified in the RFQQ, and it may be accepted by WSDOT without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 365-day period. In the case of a protest, our Bid will remain valid for 365 days or until the protest and any related court action is resolved, whichever is later.

4. In preparing this Bid, we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to the state's RFQQ, or prospective Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this Bid. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

5. We understand that the state will not reimburse us for any costs incurred in the preparation of this Bid. All Bids become the property of the state, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the Bid. Submittal of the attached Bid constitutes an acceptance of the evaluation criteria and an agreement to abide by the procedures and all other administrative requirements described in the RFQQ.

6. We understand that any Contract awarded as a result of this Bid will incorporate all RFQQ requirements. Submittal of a Bid and execution of this Certifications and Assurances document certify our willingness to comply with the Contract terms and conditions appearing in the RFQQ, all Appendices, and incorporated documents if selected as a Contractor. It is further understood that our standard Contract will not be allowed as a replacement for the terms and conditions appearing in the RFQQ, all Appendices, and incorporated documents of this RFQQ.

7. By submitting this Bid, Bidder hereby offers to furnish materials, supplies, services and/or equipment in compliance with all terms, conditions, and specifications contained in this RFQQ.

8. We are not submitting any exceptions.

AUTHORIZED OFFER & CONTRACT SIGNATURE PAGE

In submitting this bid, the Authorized Signatory below acknowledges having read and understood the entire RFQQ and agrees to comply with its terms and conditions including the Certifications and Assurances. The Authorized Signatory also agrees to fulfill the offer made in this bid and any subsequently awarded contract.

I hereby certify, under penalty of perjury under the laws of the State of Washington, that the certifications herein are true and correct and that I am duly authorized to make these certifications on behalf of the Bidder listed herein.

In witness whereof, the parties hereto, having read this contract in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto.

This is an Award for: RFQ HQ401687R will be effective upon WSDOT final signature.

APPROVED (WSDOT)

APPROVED (VENDOR/CONTRACTOR)

Department of Transportation

HQ

310 Maple Park Ave. SE Olympia, WA 98501

Washington State Department of Transportation

Bidder’s Company Name & Address

Signature Date

Signature Date

Rita Swart, Contract Specialist 3

Typed or Printed Name, Title

Typed or Printed Name, Title

Solomon Shird, PROCUREMENT AND MATERIALS MANAGER

Tin/FEIN #

Manager’s Typed or Printed Name, Title

CONTACT INFORMATION

CONTACT INFORMATION

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AppendixAStandardTermsandConditions.docx

APPENDIX A – STANDARD CONTRACT TERMS AND CONDITIONS

For purchases of materials, supplies, services, and equipment under the Authority of Chapter 39.26 RCW

1 Instructions to Bidders 2

1.1 Minority and Women Business Enterprises (MWBE) 2

1.2 Bidder’s authorized representative 2

1.3 Include all cost components in pricing 2

1.4 Public records and exempt information 2

1.5 In-state preference/Reciprocity 3

1.6 Withdrawal or modification of response 3

1.7 Legal notices 4

1.8 Liens, claims and encumbrances 4

2 Standard Definitions 5

3 Standard Terms & Conditions 8

3.1 Contract modifications 8

3.2 Contract administration 8

3.3 Contractor supervision and coordination 8

3.4 Post-award conference 8

3.5 Term contract management 8

3.6 Changes 9

3.7 Statewide vendor payment registration 9

3.8 Other required term contract reports 9

3.9 Common vendor-registration and bid-notification system 9

3.10 Contractor qualifications and requirements 9

3.11 Ordering requirements 12

3.12 Delivery requirements 12

3.13 Treatment of assets 13

3.14 Standard of quality/Consistency over term of contract 14

3.15 Payment 14

3.16 Taxes, fees and licenses 15

3.17 Quality assurance 16

3.18 Information and communications 17

3.19 General Provisions 18

3.20 Insurance 20

3.21 Industrial Insurance Coverage 22

3.22 Nondiscrimination 22

3.23 OSHA and WISHA requirements 22

3.24 Antitrust 23

3.25 Waiver 23

3.26 Disputes and remedies 23

3.27 Liquidated damages 25

3.28 Contract termination 27

Washington State Department of Transportation (WSDOT) Page 2 of 30

CONTRACT TERMS and CONDITIONS

This document consists of general provisions and terms for solicitations issued by the Washington State Department of Transportation (WSDOT). Should a term within this document conflict with a term elsewhere in the solicitation, the latter will prevail.

Instructions to Bidders

Minority and Women Business Enterprises (MWBE)

In accordance with the legislative findings and policies set forth in RCW 39.19, the State of Washington encourages participation in all of its contracts by Minority and Woman Owned Business Enterprise (MWBE) firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). While the state does not give preferential treatment, it does seek equitable representation from the minority and women’s business community. In addition, the state welcomes participation by self-identified minority and woman owned firms and strongly encourages such firms to become certified by OMWBE.

Participation may be either on a direct basis in response to this solicitation or as a subcontractor to a contractor. However, unless required by federal statutes, regulations, grants, or contract terms referenced in the original solicitation, no preference will be included in the evaluation of bids, no minimum level of MWBE participation shall be required as condition for receiving an award, and bids will not be evaluated, rejected or considered non-responsive on that basis.

Bidder’s authorized representative

Bidders must designate an authorized representative in the Bidder Profile Appendix who will be the principal point of contact for WSDOT for the duration of this solicitation process.

Include all cost components in pricing

Bidders must identify and include all elements of recurring and non-recurring costs in their pricing. Unless otherwise specified, this must include, but is not limited to, all administrative fees, maintenance, manuals, documentation, shipping charges, labor, travel, training, consultation services, or the processing fees associated with the use of credit cards.

Notwithstanding the foregoing, in the event that market conditions, laws, regulations, or other unforeseen factors dictate, at WSDOT’s sole discretion, additional charges may be allowed during the contract term.

Public records and exempt information

All responses submitted become the property of the State of Washington and after announcement of apparent successful bidder may be subject to public disclosure under the Public Records Act (RCW 42.56). Only after announcement of apparent successful bidder is bid information available for public inspection (RCW 39.26).

Any information contained in the response that is exempt from public disclosure because it is proprietary, a trade secret or otherwise exempt must be clearly designated. Marking of the entire response or entire sections of the response as exempt will not be accepted or honored. WSDOT will not honor designations by the bidder where pricing is marked proprietary.

Prior to release, WSDOT will give notice to the bidder of any request for disclosure of identified exempt information received. WSDOT will delay release of the information identified as exempt to allow the bidder to obtain court protection from release. Failure to label such materials as exempt or to timely respond after notice of request for public disclosure has been given shall be deemed a waiver by the submitting bidder of any claim that such materials are, in fact, so exempt.

In-state preference/Reciprocity

Pursuant to RCW 39.26, WSDOT has established a schedule of price adjustments applicable against any bidders submitting responses from states which grant a preference to their own in-state businesses as identified in the Preference Table. The reciprocity adjustment is applied as follows.

· These adjustments will be applied in formal sealed bid solicitations only.

· The business address from which the response was submitted will determine if an adjustment is to be applied.

· The appropriate percentage will be added to each response bearing the address from a state with in-state preferences rather than subtracting a like amount from Washington state bidders.

· This action will be used only for evaluation. In no instance shall the increase be paid to a supplier whose response is accepted.

Withdrawal or modification of response

Bidders are liable for all errors or omissions contained in their responses.

a. Prior to response due date and time

Modification: Mistakes in bids or proposals detected prior to the due date and time may be corrected by the bidder by withdrawing the original bid or proposal and submitting a corrected bid or proposal to WSDOT before the due date and time. If there is not sufficient time prior to the due date and time to withdraw the original bid or proposal and submit a corrected bid or proposal, the bidder, or an authorized representative, may correct the mistake on the face of the original bid or proposal provided that the corrected bid or proposal is time stamped by WSDOT upon resubmission prior to the due date and time.

Withdrawal: An authorized bidder representative is permitted to withdraw its response before the due date and time by submitting the withdrawal request in writing. Withdrawn responses will be returned unopened to the bidder.

b. After response due date and time

No modification: If bidder mistakes in a bid or proposal are detected after the bid due date and time, they may not be corrected.

Withdrawal: If the bidder submits evidence in writing satisfactory to WSDOT that a mistake has been made by the bidder in the calculation of its bid or proposal, WSDOT may allow the bid or proposal to be withdrawn provided that the claim of mistake and supporting documentation is provided within three business days after the due date and time. Compliance with this section within the specified time limit shall relieve the bidder of forfeiture of its bid guarantee. If WSDOT subsequently reissues the solicitation, the bidder having made the mistake may not participate in that solicitation.

Clarification: WSDOT reserves the right to contact bidder for clarification of response contents.

Legal notices

Any notice or demand or other communication required or permitted to be given under the contract or applicable law (except notice of malfunctioning equipment) will be effective only if it is in writing and signed by the applicable party, properly addressed, and either delivered in person, or by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid, certified mail, return receipt requested, via facsimile or by electronic mail, to the parties at the addresses and fax numbers, e-mail addresses provided in the Authorized Offer and contract Signature Page below. For purposes of complying with any provision in the contract or applicable law that requires a “writing,” such communication, when digitally signed with a Washington State Licensed Certificate, shall be considered to be “in writing” or “written” to an extent no less than if it were in paper form. Notices will be effective upon receipt or four business days after mailing, whichever is earlier. The notice address as provided herein may be changed by written notice given as provided above.

In the event that a subpoena or other legal process commenced by a third party in any way concerning the Equipment or Services provided pursuant to the contract is served upon contractor or WSDOT, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. The contractor and WSDOT further agree to cooperate with the other party in any lawful effort by the other party to contest the legal validity of such subpoena or other legal process commenced by a third party.

Liens, claims and encumbrances

All materials, equipment, supplies and/or services shall be free of all liens, claims, or encumbrances of any kind, and if WSDOT or the purchaser requests, a formal release of same shall be delivered to the respective requestor.

Standard Definitions

This section contains definitions of terms commonly used in solicitations conducted by the State of Washington, Department of Transportation. Additional definitions may also be found in Chapter 39.26 RCW. All terms contained herein will be read consistently with those definitions.

Agency

State of Washington institutions, the offices of the elective state officers, the Supreme Court, the court of appeals, the administrative and other departments of state government, and the offices of all appointive officers of the state. "Agency" does not include the legislature but does include colleges, community colleges and universities who choose to participate in state contract(s).

Amendment

A change to a legal document.

Solicitation: For the purposes of a solicitation document, an amendment shall be a unilateral change issued by WSDOT, at its sole discretion.

Contract: An agreement between the parties to change the contract after it is fully signed by both parties. Such agreement shall be memorialized in a written document describing the agreed upon change including any terms and conditions required to support such change. An Order Document shall not constitute an Amendment to a contract.

Apparent Successful Bidder(s)

The bidder identified by WSDOT, after evaluation of responses, who is recommended for award.

Authorized representative

An individual designated by the bidder or contractor to act on its behalf and with the authority to legally bind the bidder or contractor.

Authorized signatory

An individual with the authority to legally bind the bidder or contractor concerning the terms and conditions set forth in solicitation, response and contract documents.

Award

The official act of WSDOT of accepting the offer to enter into a contract as contained in the bidder(s) response.

Bid

A sealed written offer to perform a contract to provide materials, supplies, services, and/or equipment in reply to an Invitation For bid (IFB).

Bidder

A Vendor who submits a response in reply to a solicitation.

Business days

Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays observed by the State of Washington.

Calendar days

Consecutive days of the year including weekends and holidays, each of which commence at 12:00:01 a.m. and end at Midnight, Pacific Time. When “days” are not specified, Calendar Days shall prevail.

Contract

An agreement, or mutual assent, between two or more competent parties with the elements of the agreement being offer, acceptance, and consideration.

Contract administrator

The individual authorized by WSDOT who is responsible for administration of a contract.

Contractor

Individual, company, corporation, firm, or combination thereof with whom WSDOT develops a contract for the procurement of materials, supplies, services, and/or equipment. It shall also include any Subcontractor retained by contractor as permitted under the terms of the contract.

Estimated useful life

The estimated time from the date of acquisition to the date of replacement or disposal, determined in any reasonable manner.

Inspection

An examination of delivered material, supplies, services, and/or equipment prior to Acceptance aimed at forming a judgment as to whether such delivered items are what was ordered, were properly delivered and ready for Acceptance. Inspection may include a high level visual examination or a more thorough detailed examination as is customary to the type of purchase, as set forth in the solicitation document and/or as agreed between the parties. Inspection shall be acknowledged by an authorized signature of the purchaser.

Lead time/After Receipt Of Order (ARO)

The period of time between when the contractor receives the order and the purchaser receives the materials, supplies, equipment, or services order.

Lifecycle cost

The total cost of an item to the state over its Estimated Useful Life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can reasonably be determined, minus the salvage value at the end of its estimated useful life.

Order document

A written communication, submitted by a purchaser to the contractor, which details the specific requirements of the purchaser within the scope of the contract, such as delivery date, size, color, capacity, etc. An order document may include, but is not limited to field orders, purchase orders, work order or other writings as may be designated by the parties hereto. No additional or alternate terms and conditions on such written communication shall apply unless authorized by the contract and expressly agreed between the purchaser and the contractor.

Original Equipment Manufacturer (OEM)

A supply management term for the purchase of parts and material directly from the manufacturer of the equipment or from an authorized reseller. For example, Ford automotive replacement parts would be purchased from an authorized Ford reseller.

Procurement Coordinator

The individual authorized by WSDOT who is responsible for conducting a specific solicitation.

Product

Materials, supplies, services, and/or equipment provided under the terms and…