5937_ContractProvisions.pdf

Office of the County Engineer Division

Safe Routes to School –

168th Street East B Street East to 13th Avenue Court East

CRP 5937

HLP-SR21(005)

PIERCE COUNTY PLANNING & PUBLIC WORKS

CALL FOR BIDS

SAFE ROUTES TO SCHOOL - 168TH STREET EAST

CRP 5937, Fund No. HLP-SR21(005)

Project Summary

Project Name: SAFE ROUTES TO SCHOOL – 168TH STREET EAST

Bid No. 2024-MPW-844

Cost Range: $750,000 - $950,000

Working Days: 55 and Utility Relocation Window Days: 0

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, JULY 16, 2025

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.

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

WAGE RATES

INFORMATIONAL BID PROPOSAL DOCUMENTS

OTHER FORMS USED BY PIERCE COUNTY AFTER AWARD

CONSTRUCTION STORMWATER POLLUTION PREVENTION PLAN

STANDARD DRAWINGS

PLAN SHEETS

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Office of the County Engineer Tacoma Mall Plaza 2702 South 42nd Street, Suite 109 Tacoma, Washington 98409

An APWA Accredited Agency

SAFE ROUTES TO SCHOOL - 168TH ST E

B STREET EAST TO 13TH AVENUE COURT EAST

VICINITY MAP

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SEGMENT 1 SEGMENT 2

SPECIAL PROVISIONS

Safe Routes to School – 168th Street East

CRP 5937, Fund No. HLP-SR1(005) _25WORD.SPC/5937/5937-Specs.docx SP-i 5/13/2025

TABLE OF CONTENTS

INTRODUCTION TO THE SPECIAL PROVISIONS .......................................................................... SP-1

DESCRIPTION OF WORK ................................................................................................................... SP-1

1-01 DEFINITIONS AND TERMS ...................................................................................................... SP-2

1-02 BID PROCEDURES AND CONDITIONS .................................................................................. SP-4

1-03 AWARD AND EXECUTION OF CONTRACT ........................................................................ SP-11

1-04 SCOPE OF WORK ..................................................................................................................... SP-13

1-06 CONTROL OF MATERIAL ....................................................................................................... SP-17

1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ..................................... SP-18

1-08 PROSECUTION AND PROGRESS ........................................................................................... SP-28

1-09 MEASUREMENT AND PAYMENT ......................................................................................... SP-32

1-10 TEMPORARY TRAFFIC CONTROL ....................................................................................... SP-34

2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS ........................................................ SP-37

2-03 ROADWAY EXCAVATION AND EMBANKMENT .............................................................. SP-38

2-07 WATERING ................................................................................................................................ SP-38

4-04 BALLAST AND CRUSHED SURFACING .............................................................................. SP-38

5-03 CRACK AND JOINT SEALING ................................................................................................ SP-39

5-04 HOT MIX ASPHALT ................................................................................................................. SP-39

7-05 MANHOLES, INLETS, CATCH BASINS, AND DRYWELLS ............................................... SP-53

8-01 EROSION CONTROL AND WATER POLLUTION CONTROL ............................................ SP-55

8-12 CHAIN LINK FENCE AND WIRE FENCE .............................................................................. SP-56

8-20 ILLUMINATION, TRAFFIC SIGNAL SYSTEMS, INTELLIGENT TRANSPORTATION

SYSTEMS, AND ELECTRICAL......................................................................................................... SP-57

8-21 PERMANENT SIGNING ........................................................................................................... SP-65

8-22 PAVEMENT MARKING ........................................................................................................... SP-69

8-23 TEMPORARY PAVEMENT MARKINGS ................................................................................ SP-71

9-03 AGGREGATES ........................................................................................................................... SP-75

CRP 5937, Fund No. HLP-SR1(005) _25WORD.SPC/5937/5937-Specs.docx SP-ii 5/13/2025

9-29 ILLUMINATION, SIGNAL, ELECTRICAL ............................................................................. SP-77

9-34 PAVEMENT MARKING MATERIAL ...................................................................................... SP-85

9-35 TEMPORARY TRAFFIC CONTROL MATERIALS................................................................ SP-86

STANDARD PLANS ........................................................................................................................... SP-86

CRP 5937, Fund No. HLP-SR1(005) _25WORD.SPC/5937/5937-Specs.docx SP-1 5/13/2025

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, 2025 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 by constructing a 5-foot-wide pervious asphalt walkway with cement concrete traffic curb and a 4-foot-wide shoulder for buffer separation along the north side of 168th Street East from B Street East to 13th Avenue Court East. This project will include installation of curb ramps, speed feedback signs, pedestrian crosswalk markings, and illumination, and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications.

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1-01 DEFINITIONS AND TERMS

1-01.3 Definitions (January 19, 2022 APWA GSP) 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.

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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.

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:

CRP 5937, Fund No. HLP-SR1(005) _25WORD.SPC/5937/5937-Specs.docx SP-4 5/13/2025

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.

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

1-02 BID PROCEDURES AND CONDITIONS

1-02.1 Prequalification of Bidders Delete this section and replace it with the following:

1-02.1 Qualifications of Bidder (January 24, 2011 APWA GSP) Before award of a public works contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1) 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

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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 (December 2, 2024 PC GSP) 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 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 (November 25, 2024 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; the bidder’s DBE commitment, if applicable; a State of Washington Contractor’s Registration Number; and a Business License Number, if applicable. 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.

https://www.piercecountywa.gov/CurrentSolicitations

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1-02.6 Preparation of Proposal

1-02.6.OPTC Subcontractor’s List (November 25, 2024 APWA GSP Option C) The fourth paragraph of Section 1-02.6 is revised to read:

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 271-015A. 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 39.30.060, 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.

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 (March 8, 2013 APWA GSP) Supplement this section with the following:

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.

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1-02.7.OPTA Bid Deposit (December 2, 2024 PC GSP) Section 1-02.7, the third sentence of the first paragraph is deleted and replaced with the

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.OPTA Delivery of Proposal

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://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: Finance Procurement Office, 950 Fawcett Avenue, Suite 300, Tacoma, WA, 98402-5603.

To be considered responsive on a FHWA-funded project, the Bidder may be required to submit the following items, as required by Section 1-02.6:

• DBE Utilization Certification

• DBE Written Confirmation Document from each DBE firm listed on the Bidder’s completed DBE Utilization Certification

• Good Faith Effort (GFE) Documentation

• DBE Bid Item Breakdown

DBE Utilization Certification (WSDOT 272-056) The DBE Utilization Certification shall be received by the same method and no later than the time required for delivery of the Proposal. The Contracting Agency will not open or consider any Proposal when the DBE Utilization Certification is received after the time specified for receipt of Proposals or received in a location other than that specified for receipt of Proposals.

DBE Written Confirmation (WSDOT 422-031) and/or GFE Documentation, (if applicable) The DBE Written Confirmation Documents and/or GFE Documents are not required to be submitted with the Proposal. The DBE Written Confirmation Document(s) and/or GFE (if applicable) shall be received either with the Proposal or as a Supplement to the Bid. Written Confirmation and/or GFE shall be received no later than 48 hours (not including Saturdays, Sundays and Holidays) after the time for delivery of the Proposal. To be considered responsive, https://piercecountywa.gov/CurrentSolicitations

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Bidders shall submit Written Confirmation Documentation from each DBE firm listed on the Bidder’s completed DBE Utilization Certification and/or the GFE as required by Section 1-02.6.

DBE Bid Item Breakdown (WSDOT 272-054) The DBE Bid Item Breakdown shall be received either with the Bid Proposal or as a Supplement to the Bid. The documents shall be received no later than 48 hours (not including Saturdays, Sundays and Holidays) after the time for delivery of the Proposal. The successful Bidder shall submit a completed DBE Bid Item Breakdown; however, the Contractor may correct minor errors to the DBE Bid Item Breakdown for a period up to five calendar days (not including Saturdays, Sundays and Holidays).

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 via email to 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 Proposal must be submitted with the Proposal itself, at the time stated in the Call for Bids.

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 Proposal that is received after the time specified in the Call for Bids for receipt of Proposals or received in a location other than that specified in the Call for Bids. The Contracting Agency will not open or consider any “Supplemental Information” (DBE confirmations or GFE documentation) that is received after the time specified above or received in a location other than that specified above.

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 work day on which the normal work processes of the Contracting Agency resume.

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

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.

mailto:pcpubworks@piercecountywa.gov

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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.OPTA 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.

1-02.13 Irregular Proposals (September 3, 2024 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;

f. The Bidder fails to submit or properly complete a Disadvantaged Business Enterprise

Certification (WSDOT Form 272-056), if applicable, as required in Section 1-02.6;

g. The Bidder fails to submit Written Confirmations (WSDOT Form 422-031) from each

DBE firm listed on the Bidder’s completed DBE Utilization Certification that they are in agreement with the bidder’s DBE participation commitment, if applicable, as required in Section 1-02.6, or if the written confirmation that is submitted fails to meet the requirements of the Special Provisions;

h The Bidder fails to submit DBE Good Faith Effort documentation, if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to demonstrate that a Good Faith Effort to meet the Condition of Award in accordance with Section 1-07.11;

i. The Bidder fails to submit a DBE Bid Item Breakdown (WSDOT Form 272-054), if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions;

j. 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

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

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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. 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.

1-02.15 Pre Award Information (December 30, 2022 APWA GSP) Revise this section to read:

Before awarding any contract, the Contracting Agency may require one or more of these items or actions of the apparent lowest responsible bidder:

1. A complete statement of the origin, composition, and manufacture of any or all materials to be used,

2. Samples of these materials for quality and fitness tests,

3. A progress schedule (in a form the Contracting Agency requires) showing the order of and time required for the various phases of the work,

4. A breakdown of costs assigned to any bid item,

5. Attendance at a conference with the Engineer or representatives of the Engineer,

6. Obtain, and furnish a copy of, a business license to do business in the city or county where the work is located.

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7. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder.

1-03 AWARD AND EXECUTION OF CONTRACT

1-03.1 Consideration of Bids

1-03.1.INST1

Section 1-03.1 is supplemented with the following:

1-03.1.OPTA (Bidding Preference) (September 3, 2019 PC GSP) When a bid is received from a nonresident contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage will be applied to the bid of that nonresident contractor as required by RCW 39.04.380 (3).

1-03.1(1) Identical Bid Totals

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

Delete the first paragraph and replace with the following:

Within 5 calendar days of the Award date (not including Saturdays, Sundays and Holidays), the successful Bidder shall provide DBE Trucking Credit Form(s) (WSDOT Form 272-058) when trucking appears on the DBE Utilization Certificate (WSDOT Form 272-056). The DBE Trucking Credit Form shall document how the DBE Trucking firm will be able to perform the scope of work subcontracted to them. Trucking forms will be returned for correction. Trucking Credit Form(s) will not be included as part of the executed Contract. DBE Trucking Credit Forms shall be submitted by email to: susan.holdener@piercecountywa.gov and Olympic Region ORegionOEO@wsdot.wa.gov.

Revise the second paragraph to read:

Within 20 calendar days after the Award date, the successful Bidder shall:

• send the Contracting Agency the contact information, including full name, email address, and telephone number, for the authorized signer and bonding agent, http://apps.leg.wa.gov/rcw/default.aspx?cite=39.04.380 mailto:susan.holdener@piercecountywa.gov mailto:ORegionOEO@wsdot.wa.gov

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• return the Contracting Agency prepared Contract with the contractor license number filled in,

• send an insurance certification as required by Section 1-07.18,

• send a satisfactory bond as required by law and Section 1-03.4,

• send the Transfer of Coverage form for the Construction Stormwater General Permit with sections I, III, and VII completed when provided,

• be registered as a contractor in the state of Washington.

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).

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1-03.7 Judicial Review

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 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

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

1-05.7 Removal of Defective and Unauthorized Work (October 1, 2005 APWA GSP)

If the Contractor fails to remedy defective or unauthorized 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, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary.

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 defective and unauthorized work corrected

CRP 5937, Fund No. HLP-SR1(005) _25WORD.SPC/5937/5937-Specs.docx SP-14 5/13/2025 immediately, have the rejected 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 serious risk of loss or damage to the public.

Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of the Contractor’s unauthorized work.

No adjustment in contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency’s rights provided by this Section.

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.

1-05.11 Final Inspection

1-05.11 Final Inspections and Operational Testing

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.

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

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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 Superintendents, Labor and Equipment of Contractor (August 14, 2013 APWA GSP) Delete the sixth and seventh paragraphs of this section.

1-05.14 Cooperation with Other Contractors

1-05.14.OPTA Cooperation with Other Contractors

Section 1-05.14 is supplemented with the following:

Throughout the duration of this project, other contractors and/or utilities may be working adjacent to or within the project limits. It is anticipated that the planned utility relocation work may or may not occur simultaneously. The Contractor shall coordinate his/her work with the contractors and/or utility companies. The Contractor shall coordinate the utility work throughout the project duration including the work that will occur during the Utility Relocation Window (URW) if one is included in the contract. The coordination of work will include direct contact by the Contractor with the other contractors and/or utilities.

All costs incurred by the Contractor for utility coordination shall be included in the unit bid price “Lump Sum” for Utility Coordination.

It is anticipated that the following work will be performed by others during the course of this project:

Lumen Lumen will be adjusting and relocating communications boxes at various spot locations throughout the project limits:

STA 53+85: Handhold will be relocated out of the walkway and adjusted to grade.

STA 66+60: Pedestal will be replaced with a handhold and adjusted to grade with ADA lids.

STA 82+61: Pedestal will be relocated to the back of the walkway, next to the pole, ~1 ft.

STA 87+53: Pedestal will be relocated to the back of the walkway, ~2ft STA 90+07: Pedestal will be replaced with a handhold and adjusted to grade with ADA lids.

The relocations are anticipated to commence during the construction of this project.

Lumen will need to coordinate and work cooperatively with the Contractor for utility relocation work completed during the life of this project.

All costs incurred by the Contractor to coordinate with Lumen and work…