5936_ContractBook.pdf

Office of the County Engineer Division

168th Street East

SR-7 TO B STREET EAST

CRP 5936

FEDERAL AID PROJECT NO. TAP-2860(002)

NOTICE TO PROSPECTIVE BIDDERS

168TH STREET EAST (SR7 to B Street East)

FEDERAL AID NO. TAP-2860(002)

CRP 5936

Any prospective Bidder desiring an explanation or interpretation of the Bid Documents must request the explanation or interpretation in writing via the Pierce County Procurement and

Contract Services website (https://www.piercecountywa.gov/CurrentSolicitations).

All requests must be received by Pierce County by close of business on the Thursday preceding the bid opening to allow a written reply to reach all prospective Bidders before the submission of their Bids. The County�s response will be posted on the Pierce County Procurement and

Contract Services website approximately two days prior to the scheduled bid opening for use by all prospective Bidders who have registered.

I have the following question(s):

Please respond to:

Name

Representing

Address

Email

Fax Number

05/07/13

PIERCE COUNTY PLANNING & PUBLIC WORKS

CALL FOR BIDS

168TH STREET EAST (SR7 to B Street East)

FEDERAL AID NO. TAP-2860(002)

CRP 5936

Project Summary

Project Name: 168TH STREET EAST (SR7 to B Street East)

Bid No. 2025-MPW-233

Cost Range: $1,900,000 to $2,400,000

FSBE: 10% (ten percent)

Working Days: 80 and Utility Relocation Window Days: 90

Plans, specifications, and addenda, for this project are available through the Pierce County Procurement and Contract Services website.

Access is provided by going to http://www.piercecountywa.gov/CurrentSolicitations and registering to view all project information, bid clarification and email notification of future addenda.

It is the sole responsibility of the Bidder to obtain Addenda, if any. Addenda information will be available on the Pierce County Procurement and Contract Services website. Pierce County accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for Addenda and submit inadequate or incomplete proposals.

Bid Opening Time and Date: 1:00 P.M., WEDNESDAY, SEPTEMBER 9, 2026

Bids received after 1:00 p.m. on this date will not be considered.

Each Proposal (including all required attachments) shall be submitted to Pierce County by one of the following methods:

1. Electronically upload Bid Documents via https://www.piercecountywa.gov/CurrentSolicitations.

Instructions for submitting Bid Documents are located under “Project Details”. This is the preferred method.

2. Deliver hard copy Bid Documents in a sealed envelope, with the Project Name and Project

Number as stated in the Call for Bids clearly marked on the outside of the envelope, or as otherwise required in the Bid Documents, to ensure proper handling and delivery. Deliver to:

Pierce County Finance Procurement Office 950 Fawcett Avenue, Suite 300 Tacoma, WA 98402-5603

Proposals will be opened and publicly read via webcast 30 minutes after the time indicated above unless the Bid Opening has been delayed or canceled. The link for the webcast will be posted on Pierce County’s website at http://www.piercecountywa.gov/CurrentSolicitations prior to the bid opening.

PIERCE COUNTY

CALL FOR BIDS

168TH STREET EAST

(SR7 to B Street East)

CRP 5936, Federal Aid No. TAP-2860(002)

Description of Work:

This contract provides for the improvement of 168th Street East from SR-7 to B Street East.

168th Street East will be widened to accommodate one through lane in each direction and a center turn lane between A Street South and B Street East. The roadside improvements will include cement concrete traffic curb and gutter, cement concrete sidewalks, bike lanes, on-street parking on the north side of the roadway, an enclosed storm drainage conveyance system, stormwater treatment and infiltration facilities, street lighting, and traffic signal modifications at the 168th

Street East/B Street East intersection, and other work in accordance with and as described in the

Plans and Specifications.

Pierce County, 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.

Letticia M. Neal, P.E.

County Engineer

Pierce County Planning & Public Works

TABLE OF CONTENTS

TITLE PAGE

VICINITY MAP

SPECIAL PROVISIONS

OTHER AGENCY PERMITS

PLAN AND PROCEDURES FOR THE UNANTICIPATED DISCOVERY OF CULTURAL

RESOURCES AND HUMAN SKELETAL REMAINS

REQUIRED CONTRACT PROVISIONS FEDERAL-AID

CONSTRUCTION CONTRACTS (FHWA 1273)

WAGE RATES

OTHER FORMS USED BY PIERCE COUNTY AFTER AWARD

CONSTRUCTION STORMWATER POLLUTION PREVENTION PLAN

STANDARD DRAWINGS

PLAN SHEETS

PLANS AND CONTRACT SPECIFICATIONS

FOR

168TH STREET EAST

(SR7 to B Street East)

CRP 5936, Federal Aid No. TAP-2860(002)

RYAN N. MELLO

PIERCE COUNTY EXECUTIVE

Approved by:

Clint T. Ritter, P.E. Letticia M. Neal, P.E.

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168TH STREET EAST

(SR 7 TO 100' E/O B ST E)

VICINITY MAP

CRP 5936

Pierce County Planning and Public Works Office of the County Engineer Tacoma Mall Plaza 2702 South 42nd Street, Suite 109 Tacoma, Washington 98409

An APWA Accredited Agency

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SCALE

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SPECIAL PROVISIONS

CPR 5936 168TH STREET EAST

(SR 7 TO B STREET EAST)

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INTRODUCTION TO SPECIAL PROVISIONS

DESCRIPTION OF WORK

1-01 DEFINITIONS AND TERMS

1-02 BID PROCEDURES AND CONDITIONS

1-03 AWARD AND EXECUTION OF CONTRACT

1-04 SCOPE OF WORK

1-05 CONTROL OF WORK

1-06 CONTROL OF MATERIAL

1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC

1-08 PROSECUTION AND PROGRESS

1-09 MEASUREMENT AND PAYMENT

2-03 PUBLIC CONVENIENCE AND SAFETY

2-04 TEMPORARY TRAFFIC CONTROL

3-01 CLEARING AND GRUBBING

3-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS

3-03 ROADWAY EXCAVATOION AND EMBANKMENTS

3-04 WATERING

4-05 BALLAST AND CRUSHED SURFACING

5-04 HOT MIX ASPHALT

7-01 DRAINS

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

7-08 GENERAL PIPE INSTALLATION REQUIREMENTS

8-01 EROSION CONTROL AND WATER POLLUTION CONTROL

8-02 ROADSIDE RESTORATION

8-06 CEMENT CONCRETE DRIVEWAY ENTRANCES

8-06 CEMENT CONCRETE APPROACH

8-09 RAISED PAVEMENT MARKERS

8-12 CHAIN LINK FENCE AND WIRE FENCE

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8-13 MONUMENT CASES

8-14 CEMENT CONCRETE SIDEWALKS

8-21 PERMANENT SIGNING

8-22 PAVEMENT MARKING

8-23 TEMPORARY PAVEMENT MARKINGS

9-03 AGGREGATES

9-28 SIGNING MATERIALS AND FABRICATION

9-29 ILLUMINATION, SIGNAL, ELECTRICAL

9-34 PAVEMENT MARKING MATERIAL

9-35 TEMPORARY TRAFFIC CONTROL MATERIALS

STANDARD PLANS

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INTRODUCTION TO THE SPECIAL PROVISIONS

(January 4, 2024 APWA GSP, Option A)

The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2026 edition, as issued by the Washington State Department of

Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter

(hereafter “Standard Specifications”). The Standard Specifications, as modified or supplemented by these

Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work.

These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project-specific fill-ins; and project-specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply.

The project-specific Special Provisions are not labeled as such. The GSPs are labeled under the headers of each GSP, with the effective date of the GSP and its source. For example:

(March 8, 2013 APWA GSP)

(April 1, 2013 WSDOT GSP)

(May 1, 2013 PC GSP).Agency Special Provision

Project specific special provisions are labeled without a date as such:

Also incorporated into the Contract Documents by reference are:

• Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition, with Washington State modifications, if any

• Standard Plans for Road, Bridge and Municipal Construction, WSDOT Manual M21-01, current edition

• Pierce County Standard Drawings

Contractor shall obtain copies of these publications, at Contractor’s own expense.

DESCRIPTION OF WORK

DESWORK1

(March 13, 1995 WSDOT GSP)

This contract provides for the improvement of 168th Street East from SR-7 to B Street East. 168th Street

East will be widened to accommodate one through lane in each direction and a center turn lane between A

Street South and B Street East. The roadside improvements will include cement concrete traffic curb and gutter, cement concrete sidewalks, bike lanes, on-street parking on the north side of the roadway, an enclosed storm drainage conveyance system, stormwater treatment and infiltration facilities, street lighting, and traffic signal modifications at the 168th Street East/B Street East intersection, and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications.

1-01 DEFINITIONS AND TERMS

1-01.3.OPT1 1-01.3 Definitions

(January 19, 2022 APWA GSP)

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Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following:

Dates

Bid Opening Date

The date on which the Contracting Agency publicly opens and reads the Bids.

Award Date

The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work.

Contract Execution Date

The date the Contracting Agency officially binds the Agency to the Contract.

Notice to Proceed Date

The date stated in the Notice to Proceed on which the Contract time begins.

Substantial Completion Date

The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, any remaining traffic disruptions will be rare and brief, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains for the Physical Completion of the total Contract.

Physical Completion Date

The day all of the Work is physically completed on the project. All documentation required by the Contract and required by law does not necessarily need to be furnished by the

Contractor by this date.

Completion Date

The day all the Work specified in the Contract is completed and all the obligations of the

Contractor under the contract are fulfilled by the Contractor. All documentation required by the Contract and required by law must be furnished by the Contractor before establishment of this date.

Final Acceptance Date

The date on which the Contracting Agency accepts the Work as complete.

Supplement this Section with the following:

All references in the Standard Specifications or WSDOT General Special Provisions, to the terms, “Department of Transportation”, “Washington State Transportation Commission”, “Commission”, “Secretary of Transportation”, “Secretary”, “Headquarters”, and “State Treasurer” shall be revised to read “Contracting Agency”.

All references to the terms “State” or “state” shall be revised to read “Contracting Agency” unless the reference is to an administrative agency of the State of Washington, a State statute or regulation, or the context reasonably indicates otherwise.

All references to “State Materials Laboratory” shall be revised to read “Contracting Agency designated location”.

All references to “final contract voucher certification” shall be interpreted to mean the Contracting

Agency form(s) by which final payment is authorized, and final completion and acceptance granted.

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Additive

A supplemental unit of work or group of bid items, identified separately in the Bid Proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid.

Alternate

One of two or more units of work or groups of bid items, identified separately in the Bid Proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work.

Business Day

A business day is any day from Monday through Friday except holidays as listed in Section 1-08.5.

Contract Bond

The definition in the Standard Specifications for “Contract Bond” applies to whatever bond form(s) are required by the Contract Documents, which may be a combination of a Payment Bond and a

Performance Bond.

Contract Documents

See definition for “Contract”.

Contract Time

The period of time established by the terms and conditions of the Contract within which the Work must be physically completed.

Notice of Award

The written notice from the Contracting Agency to the successful Bidder signifying the Contracting

Agency’s acceptance of the Bid Proposal.

Notice to Proceed

The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract time begins.

Traffic

Both vehicular and non-vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic.

1-01.3.OPTA Definitions

(December 2, 2024 PC GSP)

Section 1-01.3 is amended by adding or revising the following terms:

Contract Compliance Officer

The representative from Pierce County, who is responsible for administering all regulations and compliance standards regarding equal employment opportunity, affirmative action, and labor standards associated with this project. The Contract Compliance Office is located at

2702 South 42nd Street, Suite 109, Tacoma, WA 98409, (253) 798-7172.

Contracting Agency

The existing definition in Section 1-01.3 is deleted and replaced with the following:

Pierce County, a municipal subdivision of the State of Washington, acting by and through its authorized representatives.

County

Pierce County, a political subdivision of the State of Washington, acting through its authorized representatives.

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County Bridge Engineer (Pierce County Bridge Engineering)

The Engineer in charge of the Bridge Engineering group whose office is located at the

Tacoma Mall Plaza, 2702 South 42nd Street, Suite 109, Tacoma, WA 98409-7315, phone number (253) 798-7250.

County Traffic Engineer (Pierce County Traffic Engineering)

The Engineer in charge of the Traffic Engineering Section whose office is located at the

Sewer and Traffic Operations Facility, 9200 122nd Street East, Puyallup, WA 98373, phone number (253) 798-7250.

1-02 BID PROCEDURES AND CONDITIONS

1-02.1.OPT2 Prequalification of Bidders

Delete this section and replace it with the following:

1-02.1 Qualifications of Bidder

(February 17, 2026 APWA GSP Option B)

Before award of a public works contract, a Bidder must meet at least the minimum qualifications of

RCW 39.04.350(1)(b-g) to be considered a responsible Bidder and qualified to be awarded a public works project.

1-02.2.OPTA Plans and Specifications

Information as to where Bid Documents can be obtained or reviewed can be found in the Call for

Bids for the work.

After award of the contract, hard copies of the plans and specifications will be issued to the

Contractor at no cost as detailed below:

To Prime Contractor Maximum

No. of Sets

Basis of Distribution

Reduced plans (11" x 17") 10 Furnished Upon Request

Contract Provisions 10 Furnished Upon Request

Large plans (e.g., 22" x 34") 2 Furnished Upon Request

Additional hard copies of the Plans and Contract Provisions may be obtained by the Contractor from the Engineer, at the Contractor’s own expense.

1-02.4 Examination of Plans, Specifications, and Site of Work

1-02.4(1) General

1-02.4(1).OPTA General

Section 1-02.4(1), the ninth paragraph, beginning with “Any prospective Bidder desiring…”, is revised to read as follows:

Any prospective Bidder desiring an explanation or interpretation of the Bid Documents must request the explanation or interpretation in writing via the Pierce County Procurement and Contract Services

_26WORD.SPC/5936/34851848.docx SP-5 07/22/2026 website (https://www.piercecountywa.gov/CurrentSolicitations).

All requests must be received by Pierce County by 3:30 p.m. on the Thursday preceding the bid opening to allow a written reply to reach all prospective Bidders before the submission of their Bids.

The County’s response will be posted on the Pierce County Procurement and Contract Services website approximately two days prior to the scheduled bid opening for use by all prospective

Bidders who have registered.

Oral explanations, interpretations, or instructions given by anyone before the Award of Contract will not be binding on the Contracting Agency. Any information given a prospective Bidder concerning any of the Bid Documents will be furnished to all prospective Bidders as an Addendum if that information is deemed by the Contracting Agency to be necessary in submitting Bids or if the

Contracting Agency concludes that the lack of the information would be prejudicial to other prospective Bidders.

1-02.5 Proposal Forms

(February 17, 2026 APWA GSP)

The Proposal Form will identify the project and its location and describe the work. It will also list estimated quantities, units of measurement, the items of work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit prices; extensions; summations; the total bid amount; signatures; date; and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder’s name, address, telephone number, and signature. Bids shall be in legible figures (not words) written in ink or typed and expressed in U.S. dollars. The required certifications are included as part of the Proposal Form.

The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the Proposal Form unless otherwise specified.

1-02.6 Preparation of Proposal

1-02.6.OPTB Preparation of Proposal

(February 17, 2026 APWA GSP Option B)

Revise the fourth paragraph to read:

Subcontractor’s List

The Bidder shall submit with the Bid the completed Subcontractor List included in the Contracting

Agency Proposal Package. If a Subcontractor List Form is not included in the package, use DOT

Form 271-015LP. The Form shall contain the following:

1. Subcontractors who will perform the work of structural steel installation, rebar installation, heating, ventilation, air conditioning, and plumbing as described in RCW 18.106 and electrical as described in RCW 19.28,

2. The Work those subcontractors will perform on the Contract as described in RCW

39.04.350(1)(b-g), and

3. No more than one subcontractor for each category of work identified, except, when subcontractors vary with Bid alternates, in which case the Bidder shall identify which subcontractor will be used for which alternate.

https://www.piercecountywa.gov/CurrentSolicitations

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1-02.6.INST3

Section 1-02.6 is supplemented with the following:

1-02.6.OPT7

(November 4, 2025 WSDOT GSP)

Bidder Questionnaire

The Bidder shall submit with their Bid a Bidder Questionnaire form (WSDOT Form #272-022).

This shall be filled out for each firm who submitted a bid or quote in attempt to participate in the project whether they were successful or not and include the following information:

1. Firm name;

2. Firm address including ZIP code;

3. Firm’s status as a DBE or non-DBE;

4. NAICS code applicable to each scope of work the firm sought to perform in its bid;

5. Age of the firm; and

6. The annual gross receipts of the firm. The Bidder may obtain this information by asking each firm to indicate into what gross receipts bracket they fit (less than $1 million; $1-3 million; $3-6 million; $6-10 million; $10-20 million; $20-30.72 million; or greater than

$30.72 million) rather than requesting an exact figure from the firm.

This form shall be received at the same location and no later than the time required for the delivery of the Proposal. Failure to comply with this requirement will cause this Bid to be considered irregular in accordance with Section 1-02.13.

The Contractor may correct errors to items 2 through 6 above on the Bidder Questionnaire form for a period up to 48 hours after bid opening. Bidder Questionnaire forms that are still incorrect after the correction period will be determined irregular. New Firm/Subcontractors may not be added to the form during the correction period. A Bidder Questionnaire form that fails to list a

Firm/Subcontractor that appears on a different form will be considered irregular in accordance with

Section 1-02.13.

Add the following new section:

1-02.6(1) Recycled Materials Proposal

(January 4, 2016 APWA GSP)

The Bidder shall submit with the Bid, its proposal for incorporating recycled materials into the project, using the form provided in the Contract Provisions.

1-02.7 Bid Deposit

1-02.7.OPT1 1-02.7 Bid Deposit

Revise the third sentence of the first paragraph to read:

For projects that are selected by the Contracting Agency to be Bid electronically, the proposal bond may be in either physical format, or an electronic format via https://www.piercecountywa.gov/CurrentSolicitations.

Supplement this section with the following:

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Bid bonds shall contain the following:

1. Contracting Agency-assigned number for the project;

2. Name of the project;

3. The Contracting Agency named as obligee;

4. The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded;

5. Signature of the bidder’s officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany the said signature;

6. The signature of the surety’s officer empowered to sign the bond and the power of attorney.

If so stated in the Contract Provisions, bidder must use the bond form included in the

Contract Provisions.

If so stated in the Contract Provisions, cash will not be accepted for a bid deposit.

1-02.7.OPTA Bid Deposit

Section 1-02.7, the third sentence of the first paragraph is deleted and replaced with the following:

All proposal bonds shall be submitted on the form included in the Project Proposal and

Contract Forms Section as furnished by the County and shall be signed by the bidder and surety.

Section 1-02.7 is supplemented with the following:

Certified or Cashier’s check shall be payable to the Treasurer of the County of Pierce.

1-02.9.OPTD Delivery of Proposal

(November 21, 2025 APWA GSP, Option D)

GENERAL

Each Proposal (including all required attachments) shall be submitted to the Contracting Agency by one of the following methods:

1. Electronically upload bid documents via https://piercecountywa.gov/CurrentSolicitations.

Instructions for Uploading bid documents are located under “Project Details”. This is the preferred method.

2. Deliver hard copy Bid documents in a sealed envelope, with the Project Name and Project

Number as stated in the Call for Bids clearly marked on the outside of the envelope, or as otherwise required in the Bid Documents, to ensure proper handling and delivery. Deliver to: Finance Procurement Office, 1501 Market Street, Suite 420, Tacoma, WA, 98402.

Proposals that are received as required will be publicly opened and read as specified in Section 1-

02.12. The Contracting Agency will not open or consider any Bid Proposal that is received after the time specified in the Call for Bids for receipt of Bid Proposals or received in a location other than that specified in the Call for Bids. The Contracting Agency will not open or consider any https://piercecountywa.gov/CurrentSolicitations

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“Supplemental Information” that is received after the time specified or received in a location other than that specified in the Call for Bids.

If an emergency or unanticipated event interrupts normal work processes of the Contracting Agency so that Proposals cannot be received at the office designated for receipt of bids as specified in

Section 1-02.12 the time specified for receipt of the Proposal will be deemed to be extended to the same time of day specified in the solicitation on the first workday on which the normal work processes of the Contracting Agency resume.

Supplemental bid information submitted after the Proposal submittal but within 48 hours of the time and date the proposal is due, the document(s) shall be submitted as follows:

1. By e-mail to the following e-mail address: pcpubworks@piercecountywa.gov, with “Supplemental

Information” and the Project Name and Bid Number as listed in the Call for Bids noted on the subject line of the email.

All other information required to be submitted with the Bid Proposal must be submitted with the Bid

Proposal itself, at the time stated in the Call for Bids.

1-02.10.OPTA Withdrawing, Revising, or Supplementing Proposal

(October 30, 2025 PC GSP)

Delete this section in its entirety, and replace it with the following:

After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may withdraw, revise, or supplement it if:

1. The Bidder submits a written request signed by an authorized person and physically delivers it to the place designated for receipt of Bid Proposals, and

2. The Contracting Agency receives the request before the time set for receipt of Bid Proposals, and

3. The revised or supplemented Bid Proposal (if any) is received by the Contracting Agency before the time set for receipt of Bid Proposals.

If the Bidder’s request to withdraw, revise, or supplement its Bid Proposal is received before the time set for receipt of Bid Proposals, the Contracting Agency will return the unopened Proposal package to the Bidder. The Bidder must then submit the revised or supplemented package in its entirety. If the Bidder does not submit a revised or supplemented package, then its bid shall be considered withdrawn.

Late revised or supplemented Bid Proposals or late withdrawal requests will be date recorded by the

Contracting Agency and returned unopened. Mailed, Emailed, or faxed requests to withdraw, revise, or supplement a Bid Proposal are not acceptable.

After submitting an electronic Bid Proposal to the Contracting Agency the Bidder may withdraw, revise, or supplement the Bid documents up to the time of Bid opening. This shall be done via the electronic method described in 1-02.9.OPTD Delivery of Proposal.

The electronic method prohibits late revised or supplemented Bid Proposals or late withdrawal.

1-02.12.OPTA Public Opening of Proposals

The first paragraph of this section shall be deleted and replaced with the following:

Proposals will be opened and publicly read via webcast at the time indicated in the Call for Bids unless the Bid Opening has been delayed or canceled. The link for the webcast will be posted on

Pierce County’s website at http://www.piercecountywa.gov/CurrentSolicitations prior to the bid opening.

mailto:pcpubworks@piercecountywa.gov

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1-02.13 Irregular Proposals

(July 15, 2026 APWA GSP)

1. A Proposal will be considered irregular and will be rejected if:

a. The Bidder is not prequalified when so required;

b. The Bidder adds provisions reserving the right to reject or accept the Award, or enter into the

Contract;

c. A price per unit cannot be determined from the Bid Proposal;

d. The Proposal form is not properly executed;

e. The Bidder fails to submit or properly complete a subcontractor list (WSDOT Form 271-015), if applicable, as required in Section 1-02.6; or

f. The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation.

2. A Proposal may be considered irregular and may be rejected if:

a. The Proposal does not include a unit price for every Bid item;

b. Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the Contracting Agency;

c. The authorized Proposal Form furnished by the Contracting Agency is not used or is altered;

d. The completed Proposal form contains unauthorized additions, deletions, alternate Bids, or conditions;

e. Receipt of Addenda is not acknowledged;

f. A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in such an instance, both Bids may be rejected); or

g. The Bidder fails to submit the Bidder Questionnaire (DOT Form 272-022), if applicable as required by Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; or

h. If Proposal form entries are not made in ink.

1-02.14 Disqualification of Bidder

(May 17, 2018 APWA GSP, Option A)

A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1), as amended.

The Contracting Agency will verify that the Bidder meets the mandatory bidder responsibility criteria in RCW 39.04.350(1). To assess bidder responsibility, the Contracting Agency reserves the right to request documentation as needed from the Bidder and third parties concerning the Bidder’s compliance with the mandatory bidder responsibility criteria.

If the Contracting Agency determines the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1) and is therefore not a responsible Bidder, the Contracting Agency shall notify the Bidder in writing, with the reasons for its determination. If the Bidder disagrees with this determination, it may appeal the determination within two (2) business days of the Contracting

Agency’s determination by presenting its appeal and any additional information to the Contracting

Agency. The Contracting Agency will consider the appeal and any additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Contracting Agency will not execute a contract with any other Bidder until at least two business days after the Bidder determined to be not responsible has received the Contracting Agency’s final determination.

1-03 AWARD AND EXECUTION OF CONTRACT

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1-03.1 Consideration of Bids

1-03.1 Consideration of Bids

(December 30, 2022 APWA GSP)

Revise the first paragraph to read:

After opening and reading proposals, the Contracting Agency will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. If a minimum bid amount has been established for any item and the bidder’s unit or lump sum price is less than the minimum specified amount, the Contracting Agency will unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension. The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and/or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the

Awarded Contract Price amount and the amount of the contract bond.

1-03.1(1) Identical Bid Totals

Revise this section to read:

After opening Bids, if two or more lowest responsive Bid totals are exactly equal, then the tie-breaker will be the Bidder with an equal lowest bid, that proposed to use the highest percentage of recycled materials in the Project, per the form submitted with the Bid Proposal. If those percentages are also exactly equal, then the tie-breaker will be determined by drawing as follows: Two or more slips of paper will be marked as follows: one marked “Winner” and the other(s) marked

“unsuccessful”. The slips will be folded to make the marking unseen. The slips will be placed inside a box. One authorized representative of each Bidder shall draw a slip from the box. Bidders shall draw in alphabetic order by the name of the firm as registered with the Washington State

Department of Licensing. The slips shall be unfolded and the firm with the slip marked “Winner” will be determined to be the successful Bidder and eligible for Award of the Contract. Only those

Bidders who submitted a Bid total that is exactly equal to the lowest responsive Bid, and with a proposed recycled materials percentage that is exactly equal to the highest proposed recycled materials amount, are eligible to draw.

1-03.3.OPTA Execution of Contract

(October 30, 2025 PC GSP)

Section 1-03.3 is revised to read as follows:

Copies of the Contract Provisions, including the unsigned Form of Contract, will be available for signature by the successful bidder on the first business day following award. The number of copies to be executed by the Contractor will be determined by the Contracting Agency.

Within 20 calendar days after the award date, the successful Bidder shall return the Contracting

Agency-prepared Contract with the contractor license number filled in, an insurance certification as required by Section 1-07.18, a satisfactory bond as required by law and Section 1-03.4, the Transfer of Coverage form for the Construction Stormwater General Permit with sections I, III, and VIII completed when provided. Before execution of the contract by the Contracting Agency, the successful Bidder shall provide, if required, any of the following: pre-Award information required by the Contracting Agency as listed under Section 1-02.15, proof of licensure for electrical, HVAC, or plumbing subcontractors. If the Prime Contractor lists themselves as performing electrical, HVAC, or plumbing they are required to submit proof of licensure prior to execution.

Until the Contracting Agency executes a Contract, no Proposal shall bind the Contracting Agency nor shall any Work begin within the project limits or within Contracting Agency-furnished sites. The

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Contractor shall bear all risks for any Work begun outside such areas and for any materials ordered before the Contract is executed by the Contracting Agency.

If the Bidder experiences circumstances beyond their control that prevents return of the Contract documents within the calendar days after the Award date stated above, the Contracting Agency may grant up to a maximum of 20 additional calendar days for return of the documents, provided the

Contracting Agency deems the circumstances warrant it.

1-03.4 Contract Bond

1-03.4.INST1

Section 1-03.4 is supplemented with the following:

1-03.4.OPT2 1-03.4 Contract Bond

(July 23, 2015 APWA GSP)

Delete the first paragraph and replace it with the following:

The successful bidder shall provide executed payment and performance bond(s) for the full contract amount. The bond may be a combined payment and performance bond; or be separate payment and performance bonds. In the case of separate payment and performance bonds, each shall be for the full contract amount. The bond(s) shall:

1. Be on Contracting Agency-furnished form(s);

2. Be signed by an approved surety (or sureties) that:

a. Is registered with the Washington State Insurance Commissioner, and

b. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner,

3. Guarantee that the Contractor will perform and comply with all obligations, duties, and conditions under the Contract, including but not limited to the duty and obligation to indemnify, defend, and protect the Contracting Agency against all losses and claims related directly or indirectly from any failure:

a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform and comply with all contract obligations, conditions, and duties, or

b. Of the Contractor (or the subcontractors or lower tier subcontractors of the

Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work;

4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the project under titles 50, 51, and 82 RCW; and

5. Be accompanied by a power of attorney for the Surety’s officer empowered to sign the bond; and

6. Be signed by an officer of the Contractor empowered to sign official statements

(sole proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed by the president or vice president, unless accompanied by written proof of the authority of the individual signing the bond(s) to bind the corporation (i.e., corporate resolution, power of attorney, or a letter to such effect signed by the president or vice president).

1-03.7 Judicial Review

Revise this section to read:

All decisions made by the Contracting Agency regarding the Award and execution of the Contract or

Bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington

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Law. Such review, if any, shall be timely filed in the Superior Court of the county where the

Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction.

1-04 SCOPE OF WORK

1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda

Revise the second paragraph to read:

Any inconsistency in the parts of the contract shall be resolved by following this order of precedence

(e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth):

1. Addenda,

2. Proposal Form,

3. Special Provisions,

4. Contract Plans,

5. Standard Specifications,

6. Contracting Agency’s Standard Plans or Details (if any), and

7. WSDOT Standard Plans for Road, Bridge, and Municipal Construction.

1-04.4.OPTA Changes

Revise the last paragraph to read:

Change Orders will be transmitted electronically to the Contractor for signature. Within 21 days of execution of the Contract, the Contractor shall submit a Type 1 Working Drawing consisting of the names, email addresses, and text-message capable phone numbers for the authorized change order signers and shall bear the name, phone number and email of the officer providing this authorization.

Delegation of authority to sign Change Orders shall be by the officer authorized to sign the Contract in accordance with Section 1-02.1.

1-05 CONTROL OF WORK

1-05.4 Conformity with and Deviations from Plans and Stakes

1-05.4.INST1

Section 1-05.4 is supplemented with the following:

1-05.4.OPTD Conformity With and Deviations from Plans and Stakes

(April 22, 2025, APWA GSP Option D)

Contractor Surveying – ADA Features

ADA Feature Staking Requirements

The Contractor shall be responsible for setting, maintaining, and resetting all alignment stakes, and grades necessary for the construction of the ADA features. Calculations, surveying, and measuring required for setting and maintaining the necessary lines and grades shall be the Contractor’s responsibility. The Contractor shall build the ADA features within the specifications in the Standard Plans and contract documents.

ADA Feature Contract Compliance

The Contractor shall be responsible for completing measurements to verify all ADA features comply with the Contract in the presence of the Engineer.

ADA Feature Measurements

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The Contractor shall be responsible for providing the latitude and longitude of each

ADA feature as indicated on the ADA Post Inspection Form(s) (WSDOT Form

224-020LP).

The completed ADA Post Inspection Form(s) (WSDOT Form 224-020LP) shall be submitted as a Type 3 Working Drawing and transmitted to the Engineer within

30 calendar days of completing the ADA feature. After acceptance, the Contracting

Agency will retain the final form(s) for their records.

Payment

Payment will be made for the following bid item that is included in the Proposal:

“ADA Features Surveying,” lump sum.

The lump sum Contract price for “ADA Features Surveying” shall be full pay for all the

Work as specified.

In the instance where an ADA feature does not meet accessibility requirements, all work to replace non-compliant work and then to measure, record the measurements, and transmit the electronic forms to the Engineer shall be completed at no additional cost to the Contracting Agency.

1-05.7 Removal of Defective and Unauthorized Work

1-05.7.INST1

Section 1-05.7, including title and subsections, is deleted and replaced with the following:

1-05.7 Nonconforming Work

The rights exercised under the provisions of this Section shall not diminish the Contracting Agency’s right to pursue any other avenue for additional remedy or damages with respect to the Contractor’s failure to perform the work as required. The Engineer has the right to reject all or part of the

Nonconforming Work, and the Engineer’s decision is final and not subject to protest.

No additional contract time or compensation will be allowed when the Contracting Agency exercises their rights provided by this Section.

1-05.7(1) Identification of Nonconforming Work

Replace this section with the following:

The Contractor is responsible for quality control and shall identify all Nonconforming Work. The

Contracting Agency may also identify Nonconforming Work. However, failure by the Contracting

Agency to identify Nonconforming Work shall not relieve the Contractor from their responsibility for the quality of the Work, nor shall it constitute acceptance or approval of the Nonconforming

Work.

1-05.7(2) Reporting of Nonconforming Work

Replace this section with the following:

The Contractor shall immediately report all Nonconforming Work to the Engineer and shall include any relevant information known for suggested remediation of Nonconforming Work.

When the Contracting Agency identifies Nonconforming Work, the Engineer will notify the

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Contractor in writing specifying a time when a remedy must be complete. If the Contractor fails to remedy Nonconforming Work within the time specified in a written notice from the Engineer, or fails to perform any part of the Work required by the Contract Documents, the Engineer may correct and remedy such Work as may be identified in the written notice.

1-05.7(3) Remediation of Nonconforming Work

The Contractor shall be responsible and bear all costs for remediating Nonconforming Work.

If the Contracting Agency remedies Nonconforming Work after the specified time when a remedy was to be completed, by any means deemed necessary, direct and indirect costs incurred by the

Contracting Agency attributable to correcting and remedying Nonconforming Work not corrected by the time provided in the notice, or Work the Contractor filed or refused to perform, shall be paid by the Contractor.

If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the Nonconforming Work corrected immediately, have the Work removed and replaced, or have Work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause risk of loss or damage to the public.

When costs are incurred by the Contracting Agency, payment will be deducted by the Engineer from monies due, or to become due, to the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and compensation for removal, repair, replacement and/or correction of the Contractor’s Nonconforming

Work.

1-05.11 Final Inspection

1-05.11 Final Inspections and Operational Testing

(October 1, 2005 APWA GSP)

1-05.11(1) Substantial Completion Date

When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The

Contractor’s request shall list the specific items of work that remain to be completed in order to reach physical completion. The Engineer will schedule an inspection of the work with the

Contractor to determine the status of completion. The Engineer may also establish the

Substantial Completion Date unilaterally.

If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the

Contractor, will set the Substantial Completion Date. If, after this inspection, the Engineer does not consider the work substantially complete and ready for its intended use, the

Engineer will, by written notice, so notify the Contractor giving the reasons therefore.

Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The

Contractor shall provide the Engineer with a revised schedule indicating when the

Contractor expects to reach substantial and physical completion of the work.

The above process shall be repeated until the Engineer establishes the Substantial

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Completion Date and the Contractor considers the work physically complete and ready for final inspection.

1-05.11(2) Final Inspection and Physical Completion Date

When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice shall request the Engineer to schedule a final inspection.

The Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The

Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected.

If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the

Contractor, take whatever steps are necessary to correct those deficiencies pursuant to

Section 1-05.7.

The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work attributable to the exercise of the Engineer’s right hereunder.

Upon correction of all deficiencies, the Engineer will notify the Contractor and the

Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall not imply acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled.

1-05.11(3) Operational Testing

It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system. Therefore, when the work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar work it may be desirable for the

Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the physical completion date. Whenever items of work are listed in the Contract Provisions for operational testing, they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical

Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the

Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer.

The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal.

Operational and test periods, when required by the Engineer, shall not affect a manufacturer’s guaranties or warranties furnished under the terms of the contract.

1-05.13…