CON-2025-39 Francis Street Sewer Repair.pdf

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Request for Bid Contract

Contract Title: Francis Street Sewer Trestle Repair Project Number: CON-2025-39

THIS CONTRACT is entered into the date last written below between the CITY OF PORT ANGELES, WASHINGTON ("City") AND ________________, licensed to do business in Washington State ("Contractor").

Project Estimate: $56,000.00 - $83,000.00

1. WORK BY CONTRACTOR

The Contractor shall perform the work as described in Attachment A (Attachment A includes Contractor’s Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents) that is attached hereto and by this reference is incorporated herein.

2. TERM OF CONTRACT

All work under this Contract is to be completed as indicated (check one):

All work under this Contract is to be completed by this date: .

All work under this Contract is to be completed 20 days from the Notice to Proceed. No work is to be performed prior to written Notice to Proceed by the City. (See attachment A for specific schedule for work).

The performance period under this Contract commences 10 calendar days after notice to proceed and ends 60 working days after notice to proceed.

3. PAYMENT

A. The City shall pay the Contractor for the work performed under this contract (check one):

Force Account - Time and material, not to exceed: $ Force Account - Time and actual expenses incurred, not to exceed: $ Unit prices set forth in the Contractor's bid or quote, not to exceed: $

Firm Fixed Price set forth in Contractor bid or quote in the amount of: $ The Contractor shall do all work and furnish all tools, materials, and equipment, in accordance with and as described in Attachment A.

The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof; except those indicated to be furnished by the City of Port Angeles in Attachment A.

B. The Contractor shall maintain time and expense records that may be requested by the City. The Contractor shall submit invoices to the City for payment for work performed. All invoices must reference the City's contract number. Invoices shall be in a format acceptable to the City.

City of Port Angeles Public Works & Utilities Dept.

Engineering Office 321 E. Fifth Street Port Angeles WA 98362 Tel: 360-417-4541 Fax: 360-417-4709

SMALL WORKS ROSTER

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C. The City shall pay all invoices for non-contested work (See E below) from the Contractor within 30 days of receipt of a properly completed invoice.

D. All records and accounts pertaining to this Contract are to be kept available for inspections by representatives of the City for a period of three (3) years after final payment. Copies shall be made available to the City upon request.

E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the Contract, the Contractor shall correct or modify the required work to comply with the requirements of this Contract. The City shall have the right to withhold payment for such work until it meets the requirements of the Contract Documents.

4. RESPONSIBILITY OF CONTRACTOR

A. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state, and local regulations, ordinances, and codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or unusual hazards.

B. Warranty. Contractor shall be responsible for correcting all defects in workmanship and/or materials discovered within one year after acceptance of this work. After correcting defect, Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work for one year after the City accepts the corrections. The Contractor shall start work to remedy such defects within seven (7) days of mailing notice of discovery thereof by City and shall complete such work within a reasonable time. In emergencies where damage may result from delay or where loss of service may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and the cost of same shall be paid by the Contractor.

C. Damages. Contractor shall be liable for any costs, losses, expenses, or damages including consequential damages suffered by the City resulting from defects in the Contractors work including, but not limited to, cost of materials and labor expended by the City in making emergency repairs and cost of engineering, inspection, and supervision by the City. The Contractor shall indemnify and hold the City harmless from any and all claims that may be made against the City as a result of any defective work and the Contractor shall defend any such claims at its own expense. When materials or procedures are not specified in the Contract Document, the City will rely on the professional judgment of the Contractor to make appropriate selections.

D. Nondiscrimination/Affirmative Action. Contractor agrees not to discriminate against any employee or applicant for employment or any other persons in the performance of this Contract because of race, creed, color, national origin, marital status, sex, age, sexual orientation, genetic information, or handicap, or other circumstances as may be defined by federal, state or local law or ordinance, except for a bona fide occupational qualification. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contractor setting forth the provisions of the nondiscrimination clause.

E. Employment. Any and all employees of the Contractor, while engaged in the performance of any work or services required by the Contractor under this Contract, shall be considered employees of the Contractor only and not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of those employees, while so engaged, and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall not be the obligation of the City.

5. COMPLIANCE WITH LAWS

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The Contractor shall comply with all federal, state and local laws and regulations applicable to the work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the Contract by the City, in whole or in part, and may result in ineligibility for further work for the City.

6. ACTS AND REGULATIONS

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.

The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the Nondiscrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to:

a. withholding payments to the Contractor under the contract until the Contractor complies;

and/or

b. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests

CON-2025-39 Page 4 [TEMPLATE REVISED 5/22/2025] of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Pertinent Non-Discrimination Authorities:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;

• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

7. TERMINATION OF CONTRACT

A. This Contract shall terminate upon satisfactory completion of the work described in Attachment A and final payment by the City.

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B. The City may terminate the Contract and take possession of the premises and all materials thereon and finish the work by whatever methods it may deem expedient, by giving 10 days written notice to the Contractor, upon the occurrence of any one or more of the events hereafter specified:

1. The Contractor makes a general assignment for the benefit of its creditors.

2. A receiver is appointed as a result of the insolvency of the Contractor.

3. The Contractor persistently or repeatedly refuses or fails to complete the work required herein.

4. Contractor fails to make prompt payment to subcontractors for material or labor.

5. Contractor disregards federal, state or local regulations and ordinances.

6. Contractor disregards instructions of the Contract Administrator, or otherwise substantially violates the terms of this Contract.

7. The City determines that sufficient operating funds are not available to fund completion of the work contracted for.

8. The Director of the Public Works and Utilities Department or his/her designee determines that such termination is in the best interest of the City.

C. In the event this Contract is terminated by the City, Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in Attachment "A" is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under this Contract for the satisfactorily completed work exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by reason of such refusal, neglect, failure or discontinuance of employment, such excess shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance for the work Contractor and its surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and interests of the City under the Contract, provided such legal costs shall be reasonable.

8. OWNERSHIP OF DOCUMENTS

A. On payment to the Contractor by the City of all compensation due under this Contract, all finished or unfinished documents and material prepared by the Contractor with funds paid by the City under this Contract shall become the property of the City and shall be forwarded to the City upon its request.

B. Any records, reports, information, data, or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order.

9. CLAIMS

Any claim against the City for damages, expenses, costs, or extras arising out of the performance of this Contract must be made in writing to the City within thirty days after the discovery of such damage, expense or loss, and in no event later than the time of approval by the City for final payment.

Contractor, upon making application for final payment, shall be deemed to have waived its right to claim for any other damages for which application has not been made, unless such claim for final payment includes notice of additional claim and fully describes such claim.

10. GENERAL ADMINISTRATION AND MANAGEMENT

The Director of the Public Works and Utilities Department or his/her designee shall have primary responsibility for the City under this Contract and shall oversee and approve all work to be performed, coordinate communications, and review and approve all invoices, under this Contract.

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The City reserves the right to utilize an online cloud-based project management system, Virtual Project Manager (VPM), to allow for paperless documentation and project administration.

11. INDEMNIFICATION / HOLD HARMLESS

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

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

12. INSURANCE, BONDS, & RETAINAGE

A. The Contractor shall maintain insurance as set forth in Attachment B.

B. If the total bid amount including tax exceeds $35,000, this project will be awarded as a small works roster contract and payment and performance bonds will be required in accordance with Washington State law. A retainage of 5% will also be applicable to this contract. The Contractor shall obtain payment and performance bonds in accordance with this Contract and all Attachments incorporated herein. Copies of the Bid Security Transmittal Form, Performance Bond and Payment Bond form(s), and Escrow Agreement for Retained Percentage form are available from the Operations Office of Public Works & Utilities (Telephone 360-417-4541). Performance Bond and Payment Bond forms are provided in Attachment C. The party to whom the Contract is awarded will be required to execute the Contract and obtain the Performance and Payment Bond within ten (10) calendar days from the date the notice of award is delivered to the bidder. Such bonds shall be on the form provided by the City, specify the name, contact phone, and address of the surety, and shall include a power of attorney appointing the signatory of the bonds as the person authorized to execute it (them).

13. PREVAILING WAGE

This Contract is subject to Chapters 39.12 and 49.28 RCW, amendments thereto and regulations issued thereunder, relating to prevailing wages, benefits and other requirements. Workers shall receive no less than the prevailing rate of wage. The City shall verify that contractor has received, or is exempt from, training on the requirements related to public works and prevailing wage under RCW 39.12.

Contractor shall verify first-tier subcontractors have also received, or are exempt from, such training.

Each subsequent tier shall verify that the tier below has received, or is exempt from, such training. No claim for additional compensation will be allowed which is based upon a lack of knowledge or a misunderstanding of any such requirements by the Contractor or a failure to include in Contractor’s price adequate increases in such wages during the performance of this Contract. The Contractor is advised to consult the Washington State Department of Labor and Industries to determine the prevailing wages that must be paid.

This public works project is being done in Clallam County. Washington State wage determinations for Clallam County Journeymen, Apprentices, and Description can be found at:

Journey Level Rates: https://secure.lni.wa.gov/wagelookup/

Apprentice Rates: https://secure.lni.wa.gov/wagelookup/ApprenticeWageLookup.aspx

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Description of Classifications: https://lni.wa.gov/licensing-permits/public-works-projects/scopes-of-work

Use the applicable wage determinations effective on the bid due date.

A copy of the applicable wage rates is available for viewing at the Port Angeles Public Works and Utilities Contracts Office. In addition, the City will mail a hard copy of the applicable wage rates upon request.

For a contract award under $2,500, and in accordance with RCW 39.12.040(2), the Contractor or subcontractor is authorized to submit a combined Statement of Intent to Pay Prevailing Wages & Affidavit of Wages directly to the City of Port Angeles at final invoicing. Submission shall be made on the form developed by the Washington State Department of Labor and Industries and available from the City of Port Angeles Public Works and Utilities Department.

Should any dispute arises as to the prevailing rates of wages for a specific trade, craft or occupation and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and his decision shall be final, conclusive, and binding on all parties involved in the dispute.

14. INTERPRETATION AND VENUE

This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington.

15. BRANDS OR EQUAL

When a special “brand or equal” is named it shall be construed solely for the purpose of indicating the standards of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered, provided Contractor specifies the brand and model and submits descriptive literature when available. Any bid containing a brand which is not of equal quality, performance, or use specified must be represented as an alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid.

16. INSPECTION AND REJECTION

All goods, services, work, or materials purchased herein are subject to inspection and to approval by the City. Any rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications of this order, whether held by the City or returned, will be at Contractor's risk and expense.

17. SUBLETTING OR ASSIGNING OF CONTRACTS

Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest accruing from this Contract without the express prior written consent of the other.

18. INDEPENDENT CONTRACTOR

The Contractor is and shall be at all times during the term of this Contract an independent contractor and not an employee of the City.

19. EXTENT OF CONTRACT/MODIFICATION

This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or

CON-2025-39 Page 8 [TEMPLATE REVISED 5/22/2025] agreements, either written or oral. This contract may be amended, modified, or added to only by written instrument properly signed by both parties hereto.

20. SUBCONTRACTOR RESPONSIBILITY

The Contractor shall include the language of this section in each of its first tier subcontracts and shall require each of its subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier.

At the time of subcontract execution, the Contractor shall verify that each of its first-tier subcontractors meet the following bidder responsibility criteria:

- At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW;

- Have a current state unified business identifier number;

- If applicable, have:

1) Industrial insurance coverage for the subcontractor’s employees working in Washington as required in Title 51 RCW;

2) Subcontractor’s Insurance as required by Attachment B, “Insurance”;

3) An employment security department number as required in Tile 50 RCW; and

4) A state excise tax registration number as required in Tile 82 RCW;

5) An electrical contractor license, if required by Chapter 19.28 RCW;

6) An elevator contract license, if required by Chapter 70.87 RCW.

- Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).

- Have received, or be exempt from, training on the requirements related to public works and prevailing wage under RCW 39.12.

21. COMPENSATION AND METHOD OF PAYMENT.

A. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, as incorporated in the Contract.

B. Payments for work provided hereunder shall be made following the performance of such work, unless otherwise permitted by law and approved in writing by the City. No payment shall be made for any work rendered by the Contractor except as identified and set forth in this Contract.

C. Progress payments shall be based on the timely submittal by the Contractor using the City’s Virtual Project Manager.

D. Payments for any alterations in or additions to the work provided under this Contract shall be in accordance with the Request for Information (RFI) or Construction Change Order (CCO) process as set forth in the Virtual Project Manager Documents. Following approval of the RFI or CCO, the Contractor shall submit the payment request through Virtual Project Manager.

E. The Contractor shall submit payment requests through Virtual Project Manager. The City shall initiate authorization for payment after receipt of a satisfactorily completed payment request and shall make

CON-2025-39 Page 9 [TEMPLATE REVISED 5/22/2025] payment to the Contractor within approximately thirty (30) days thereafter. Final payment requests shall also include a Certification of Work Completion and Acceptance (located in Attachment D).

IN WITNESS WHEREOF, the parties have executed this Contract as of the date of the last signature affixed below.

CONTRACTOR CITY OF PORT ANGELES

By: By:

Printed Name: Printed Name:

Title: Title:

Date: Date:

APPROVED AS TO FORM:

BY:

CITY ATTORNEY

ATTEST:

BY:

CITY CLERK

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City of Port Angeles Engineering Office Public Works and Utilities Department

Francis Street Sewer Trestle Repair CON-2025-39

The Contractor shall furnish all labor, tools, materials, and equipment in order to accomplish the project scope described in Attachment “A” including the documents attached in this contract. Unless otherwise provided for in the Statement of Work, the Contractor will be responsible for obtaining and paying for any and all permits required for this work.

General Scope: Provide all labor, equipment, and materials to make repairs on the Francis Street Wastewater Trestle.

Location: Spanning the Peabody Creek between East 8th Street and 9th Street in line with Francis Street.

Site Point of Contact: David Wegener at 360-417-4547.

Work Hours and Schedule: The Contractor will be allowed to work a consecutive 8-hour period between 7:00 AM to 6:00 PM, Monday through Friday. Work outside of these hours may be requested from and is at the discretion of the City Engineer.

Specifications: All work shall be executed in strict accordance with the latest edition of the following standards and codes and all local ordinances and regulations and shall meet industry standards.

1. International Building Code (IBC)

2. WSDOT Standard Specifications (current edition)

3. City of Port Angeles Urban Service Standards & Guidelines (current edition)

Permits: Attachment “G” – HPA 0047696

Work Requirements:

1.0 Project Description:

Provide all labor, tools, materials, and equipment to repair and/or replace elements of the Francis Street Wastewater Trestle, an 18 span timber structure which supports the Francis Street sewer pipe across Peabody Creek between East 8th and East 9th Streets. The following items shall be addressed:

• Replace decayed upper access planks.

• Replace decayed timber column caps.

• Replace decayed timber cross bracing.

• Tighten the loose thrust beam anchorage nuts at Abutment 1 and Abutment 2.

• Remove all blackberry bushes covering the Abutments.

• Shim or repair the settlement of Bent 2 DS column.

• Shim gap between column cap and DS column at Bents 2 and 10.

2.0 Attachments:

Attachment “F” - Francis Street Sewer Trestle Repairs Plans

Attachment “G” – Hydraulic Project Approved 0047696

Attachment “H”- Factsheet B Erosion Sediment Control Elements

ATTACHMENT ”A”

WORK BY CONTRACTOR

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3.0 Submittals and Document Control

The City reserves the right to utilize an online cloud-based project management system. Virtual Project Manager (VPM) allows for paperless documentation and project administration. For more information, go to www.virtual-pm.com.

See sections:

1-04.4 Changes in Work

1-05.8 Submittals

4.0 Special Provisions

I hereby certify that this technical submission describe below was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Washington.

Lucio Baack, PE

Divisions 1, & 8

I hereby certify that this technical submission describe below was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Washington.

Craig Mallow, PE

Divisions 6

07/28/2026

7/29/2026

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INTRODUCTION TO THE SPECIAL PROVISIONS

(July 8, 2024 APWA GSP, Option B)

The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2026 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter “Standard Specifications”). The Standard Specifications, as modified or supplemented by these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work.

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

The 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) for WSDOT GSPs, only use date (May 1, 2013, Port Angeles 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

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

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

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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.

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

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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.

1-02 BID PROCEDURES AND CONDITIONS

1-02.2 Plans and Specifications (June 27, 2011 APWA GSP)

Delete this section and replace it with the following:

Information as to where Bid Documents can be obtained or reviewed can be found in the Call for Bids (Advertisement for Bids) for the work.

After award of the contract, plans and specifications will be issued to the Contractor at no cost as detailed below:

To Prime Contractor No. of Sets Basis of Distribution Reduced plans (11" x 17") 2 Furnished automatically upon award.

Contract Provisions

2 Furnished automatically upon award.

Additional plans and Contract Provisions may be obtained by the Contractor from the source stated in the Call for Bids, at the Contractor’s own expense.

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

Addenda (December 30, 2022 APWA GSP)

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, CON-2025-39 Page 15 [TEMPLATE REVISED 5/22/2025]

3. Special Provisions, including APWA General Special Provisions, if they are included, 4.

Contract Plans,

5. WSDOT Standard Specifications,

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

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

1-05.7 Nonconforming Work (February 17, 2026 APWA GSP)

Supplement this section with the following:

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

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

1-05.7(1) Identification of Nonconforming Work Replace this section with the following:

The Contractor is responsible for quality control and shall identify all Nonconforming Work. The Contracting Agency may also identify Nonconforming Work. However, failure by the Contracting Agency to identify Nonconforming Work shall not relieve the Contractor from their responsibility for the quality of the Work, nor shall it constitute acceptance or approval of the Nonconforming Work.

1-05.7(2) Reporting of Nonconforming Work

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

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

1-05.7(3) Remediation of Nonconforming Work

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

If the Contracting Agency remedies Nonconforming Work after the specified time when a remedy was to be completed, by any means deemed necessary, direct and indirect costs incurred by the Contracting Agency attributable to correcting and remedying Nonconforming Work not corrected by the time provided in the notice, or Work the Contractor failed or refused to perform, shall be paid by the Contractor.

If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the Nonconforming Work corrected immediately, have the Work removed and replaced, or have Work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the

CON-2025-39 Page 16 [TEMPLATE REVISED 5/22/2025] opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause risk of loss or damage to the public.

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

1-05.8 Submittals (February 22, 2023 CoPA GSP)

A. Virtual Project Manager (VPM) allows for paperless documentation and project administration.

All posted information is available to all personnel involved with the project at any time using the internet.

B. The use of VPM by the Contractor is mandatory. Access to VPM will be provided at no cost to the Contractor.

C. In order to utilize the VPM, the Contractor needs a computer, internet access, a digital camera, and a scanner. For more information, go to www.virtual-pm.com. To Login, from the homepage, select LOGIN and enter the Username and Password that will be provided to you by the agency.

D. The Contractor shall use the following features:

a. Daily Logs: Contractor’s daily reports shall be entered electronically via VPM.

b. Change Order Manager: Contractor requests for change order shall be submitted electronically via VPM.

c. Transmittals: Schedules, Pay applications, etc. shall be submitted electronically via VPM.

d. Submittals: Submittals requiring approval shall be submitted electronically via VPM.

e. RFIs: Requests for information (RFIs) shall be submitted electronically via VPM.

f. Other documents, photos, or information as requested by project manager via VPM.

1-05.8(1) General (February 18, CoPA GSP)

The Contractor shall submit information for review by the City related to all material to be used on the project. Additional submittals are described in this section, and throughout the Special Provisions.

Each submittal shall be transmitted to the City with the Submittal cover sheet. If the Contractor desires to use their own submittal cover sheet, it must be approved by the City prior to use.

Each submittal shall be uniquely numbered.

1-05.8(2) Required Submittals

The Contractor shall provide the City all required submittals as identified in this section, and where identified elsewhere in the Contract Documents.

1-05.8(2)A Submittals for Pre-Construction Conference http://www.virtual-pm.com/

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The following items shall be submitted at the pre-construction conference prior to the Notice to Proceed. For each item, three hard copies or thumb drive or uploaded as a submittal to VPM.

1. Contractor’s and Subcontractor’s Contact Information

Names and 24-hour contact telephone numbers of contractor’s and each subcontractor’s key personnel identified in Standard Specifications Section 1-05.13.

2. Contractor’s Progress Schedule (Type A):

Progress schedule identified in Special Provisions Section 1-08.3(2)A. Format shall be Microsoft Project or software equal.

3. Cost breakdown for lump sum items (Schedule of Values), if applicable.

4. Traffic Control and Erosion Control Supervisor Certifications:

Include names, certifications, and contact information.

5. List of all Subcontractors, including:

a. Percentage of value of work assigned.

b. Principal contact(s).

c. Address.

d. Telephone and fax numbers.

6. Apprentice Utilization Plan, per 1-07.9(3), if applicable.

7. List of all requested exceptions to the Contract Documents.

Note: see Section 1-08(1) Preconstruction Conference.

1-05.11 Final Inspection

1-05.11 Final Inspections and Operational Testing (October 1, 2005 APWA GSP)

1-05.11(1) Substantial Completion Date

When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Contractor’s request shall list the specific items of work that remain to be completed in order to reach physical completion. The Engineer will schedule an inspection of the work with the Contractor to determine the status of completion. The Engineer may also establish the Substantial Completion Date unilaterally.

If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. If, after this inspection the Engineer does not consider the work substantially complete and ready for its intended use, the Engineer will, by written notice, so notify the Contractor giving the reasons therefor.

Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work.

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

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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…