5963_Contract.pdf

Office of the County Engineer Division

BRIDGE DECK REHAB -

MASHEL, PUYALLUP,

KAPOWSIN CK

BRIDGE NOS. 24164-A, 6195-A, 5175-C

CRP 5963

BHOM-9927(069)

PIERCE COUNTY PLANNING & PUBLIC WORKS

CALL FOR BIDS

BRIDGE DECK REHAB

BRIDGE NO. 24164-A -MASHEL RIVER

BRIDGE NO. 6195-A – PUYALLUP RIVER

BRIDGE NO. 5175-C - KAPOWSIN CREEK

CRP 5963, FEDERAL AID NO. BHOM-9927(069)

Project Summary

Project Name: Bridge Deck Rehab: Mashel River, Puyallup River, and Kapowsin Creek

Bid No. 2025-MPW-274

Cost Range: $2,300,000 to $3,400,000

FSBE: 11% (Eleven percent)

Working Days: 40 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, MARCH 18, 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.

http://www.piercecountywa.gov/CurrentSolicitations

PIERCE COUNTY

CALL FOR BIDS

BRIDGE DECK REHAB

BRIDGE NO. 24164-A -MASHEL RIVER

BRIDGE NO. 6195-A – PUYALLUP RIVER

BRIDGE NO. 5175-C - KAPOWSIN CREEK

Description of Work:

This contract provides for the improvement of Bridge Nos. 24164-A, 6195-A, and 5175-C by replacing the existing deck surface with a polyester concrete overlay, 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

NOTICE TO PROSPECTIVE BIDDERS

BRIDGE DECK REHAB

BRIDGE NO. 24164-A -MASHEL RIVER

BRIDGE NO. 6195-A – PUYALLUP RIVER

BRIDGE NO. 5175-C - KAPOWSIN CREEK

CRP 5963, FEDERAL AID NO. BHOM-9927(069)

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 https://www.piercecountywa.gov/CurrentSolicitations

TABLE OF CONTENTS

TITLE PAGE

VICINITY MAP

SPECIAL PROVISIONS

OTHER AGENCY PERMITS

REQUIRED CONTRACT PROVISIONS FEDERAL-AID

CONSTRUCTION CONTRACTS (FHWA 1273)

WAGE RATES

INFORMATIONAL BID PROPOSAL DOCUMENTS

OTHER FORMS USED BY PIERCE COUNTY AFTER AWARD

CONSTRUCTION STORMWATER POLLUTION PREVENTION PLAN

SUMMARY OF GEOTECHNICAL CONDITIONS AND SOIL BORING LOGS

STANDARD DRAWINGS

PLAN SHEETS

PLANS AND CONTRACT SPECIFICATIONS

FOR

BRIDGE DECK REHAB

BRIDGE NO. 24164-A -MASHEL RIVER

BRIDGE NO. 6195-A – PUYALLUP RIVER

BRIDGE NO. 5175-C - KAPOWSIN CREEK

RYAN N. MELLO

PIERCE COUNTY EXECUTIVE

Approved by:

William Frare, P.E. Letticia M. Neal, P.E. Date Field Engineering Manager County Engineer akingta Image

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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

BRIDGE DECK REHABILITATIONS

BRIDGE NOS. 24164-A, 6195-A AND 5175-C

VICINITY MAP

CRP 5963

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PROJECT LOCATION

GROUP 1 - BRIDGE NO 24164-A

CRP 5963

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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

BRIDGE DECK REHABILITATIONS

BRIDGE NOS. 24164-A, 6195-A AND 5175-C

VICINITY MAP

CRP 5963

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GROUP 2 - BRIDGE NO 6195-A

CRP 5963

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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

BRIDGE DECK REHABILITATIONS

BRIDGE NOS. 24164-A, 6195-A AND 5175-C

VICINITY MAP

CRP 5963

KAPOWSIN

CREEK

PROJECT LOCATION

GROUP 3 - BRIDGE NO 5175-C

CRP 5963

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KAPOWSIN

SPECIAL PROVISIONS

Bridge No. 24164-A -Mashel River Bridge No. 6195-A – Puyallup River Bridge No. 5175-C - Kapowsin Creek CRP 5963, Federal Aid No. BHOM-9927(069) _25WORD.SPC\5963 Specs.docx SP-i 1/23/26

TABLE OF CONTENTS

INTRODUCTION TO THE 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

1-10 TEMPORARY TRAFFIC CONTROL

2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP

2-03 ROADWAY EXCAVATION AND EMBANKMENT

5-04 HOT MIX ASPHALT

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

8-01 EROSION CONTROL AND WATER POLLUTION CONTROL

8-09 RAISED PAVEMENT MARKERS

8-21 PERMANENT SIGNING

8-22 PAVEMENT MARKING

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8-23 TEMPORARY PAVEMENT MARKINGS

9-03 AGGREGATES

9-28 SIGNING MATERIALS AND FABRICATION

9-34 PAVEMENT MARKING MATERIAL

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, 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 Bridge Nos. 24164-A, 6195-A, and 5175-C by replacing the existing deck surface with a polyester concrete overlay, 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) Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following:

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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.

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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

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

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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 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.

1-02.6 Preparation of Proposal

1-02.6.OPTB Preparation of Proposal

(April 22, 2025 APWA GSP Option B)

The first sentence of the second paragraph is revised to read as follows:

All prices shall be in legible figures (not words) written in ink or typed, and expresses in U.S. dollars.

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Supplement the second paragraph with the following:

4. If a minimum bid amount has been established for any item, the unit or lump sum price must equal or exceed the minimum amount stated.

Delete the last two paragraphs, and replace them with the following:

The Bidder shall submit with their Bid a completed Contractor Certification Wage Law Compliance form, provided by the Contracting Agency. Failure to return this certification as part of the Bid Proposal package will make this Bid Nonresponsive and ineligible for Award. A Contractor Certification of Wage Law Compliance form is included in the Proposal Forms.

The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner.

A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign).

A bid by a partnership shall be executed in the partnership name and signed by a partner.

A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture.

1-02.6.OPTC Subcontractor’s List

(June 11, 2025 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 271-015LP. 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 and the proof of license when required 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.

1-02.6.INST3

Section 1-02.6 is supplemented with the following:

1-02.6.OPT7

(November 4, 2025 WSDOT GSP)

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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

(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.

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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, 950 Fawcett Avenue, Suite 300, Tacoma, WA, 98402-5603.

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 “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.

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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.

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1-02.13 Irregular Proposals

(November 21, 2025 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 as required in Section

1-02.6;

f. The Bidder fails to submit the Bidder Questionnaire, 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

g. 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. 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.

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1-03 AWARD AND EXECUTION OF CONTRACT

1-03.1 Consideration of Bids

1-03.1(1) Identical Bid Totals

(December 30, 2022 APWA GSP) 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 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

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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 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.

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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

1-05.1 Authority of the Engineer

1-05.1(2) Requests for Information (RFI)

1-05.1(2).INST1

The fourth paragraph of Section 1-05.1(2) is revised to read:

1-05.1(2).OPT1

(November 4, 2024 WSDOT GSP) The Contractor may submit a RFI for one of the following reasons:

1. The Contractor believes there is information missing from the Contract Documents (Missing Information).

2. The Contractor believes a clarification of one or more of the Contract requirements is necessary (Clarification).

3. The Contractor needs to substitute a material that provides an equal or better level of performance as the one specified in the Contract (RFC - Material Substitution).

Requests shall indicate the location(s), quantity, and shall describe how the material provides an equal or better level of performance as the material originally specified.

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4. The Contractor requests a change to the Contract requirements for a reason other than one listed in items 1-3 of this Section (RFC - Other). To be considered, the request must not meet the requirements of a Value Engineering Change Proposal. To be considered, the request shall qualify as a Minor Change in accordance with Section 1- 04.4(1) and shall describe how the change is beneficial to the project.

1-05.7 Removal of Defective and Unauthorized Work

(October 1, 2005 APWA GSP) Supplement this section with the following:

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 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.

1-05.7.OPT1

(November 4, 2024 WSDOT GSP) The Contracting Agency will not pay for Nonconforming Work.

Nonconforming Work is Work that in any way fails to meet the requirements of the Contract.

This includes, but is not limited to:

• Work that does not conform to Contract requirements

• Work that does not meet Contract requirements

• Work done beyond the lines and grades set by the Plans or the Engineer

• Extra Work and materials furnished without the Engineer’s written approval

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• Defective Work

• Noncompliant Work

• Nonconforming Work

• Out of specification Work

• Rejected Work

• Unacceptable Work

• Unauthorized Work

• Unsuitable Work

• Unsatisfactory Work

Identification of Nonconforming Work

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

The Contracting Agency may also identify Nonconforming Work during inspection of Work that has been completed, is at an identified hold point, or has been identified by the Contractor as ready for inspection. 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.

Reporting of Nonconforming Work

Unless otherwise specified, the Contractor shall immediately report all Nonconforming Work to the Engineer along with any relevant information about how the Nonconforming Work shall be remediated. The Contractor shall be responsible and bear all costs for remediating Nonconforming Work.

If the Contract requires the use of the WSDOT Unifier system for Document Control in accordance with Section 1-04.2, reporting and remediation submittals shall follow the “Nonconformance Report” business process in Unifier.

Remediation of Nonconforming Work

Remediation to correct Nonconforming Work shall be completed as soon as possible.

However, unless otherwise specified, the Contractor shall not proceed with implementing the remedy until the Engineer has accepted the Contractor’s proposed remedy. Any remedial work done prior to the Engineer’s acceptance shall be at the Contractor’s sole risk and will be subject to further rejection or remediation. 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.

Remediation shall be classified in one of the following categories:

1. Rework to Contract requirements

2. Remove and replace

3. Repair to acceptable standards

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When disputes occur over which category a remedy belongs, the Engineer’s decision will be final and binding.

Rework to Contract Requirements

To be considered rework, the design and construction standards of the proposed completed Work, in the sole judgment of the Engineer, shall meet the design and construction standards applicable to the project.

Reporting of Nonconforming Work that is reworked is not required if all of the following conditions are met:

1. The remediation shall be completed in the same shift as the Nonconforming Work was identified.

2. It shall be remedied without damaging other Work.

3. It shall be remedied without putting the public at risk.

4. The Contractor’s proposed remedy is in accordance with the Contract requirements.

5. The Engineer does not request the Nonconforming Work be reported.

Examples of Nonconforming Work that may not need reported if reworked include:

• Missing dobies prior to concrete pouring

• Rebar spacing and missing rebar

• Out of plumb luminaire or sign pole/post

For all other rework the Contractor shall submit all relevant information to the Engineer. The Contractor shall include Type 2 Working Drawings. The Type 2 Working Drawings shall explain how the nonconforming work will be reworked including repairs that will achieve the Contract requirements. For preapproved repair procedures, Type 1 Working drawings shall be included in lieu of the Type 2 Working Drawings.

Remove and Replace

To be considered as remove and replace, the Nonconforming Work shall be removed and replaced and the design and construction standards of the proposed completed Work, in the sole judgment of the Engineer, shall meet the design and construction standards applicable to the project.

Reporting of Nonconforming Work that is removed and replaced is not required if all of the following conditions are met:

1. The remedy shall be completed in the same shift the Nonconforming Work was identified.

2. It shall be removed and replaced without damaging other Work.

3. Both the removal and the replacement meet all Contract requirements.

4. The Engineer does not request the Nonconforming Work be reported.

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Examples of Nonconforming Work that may not need reported if removed and replaced include:

• Decompacting and recompacting a lift of embankment to meet compaction…