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NOTICE TO BIDDERS

CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

NOTICE TO BIDDERS

COUNTY OF MASON

DEPARTMENT OF PUBLIC WORKS

SHELTON, WASHINGTON

CRP 2050 – BEAR CREEK DEWATTO ROAD (TIGER) IMPROVEMENT PROJECT

MP 1.53 to MP 1.96

SEALED BIDS will be received for the improvement of Bear Creek Dewatto Road (Tiger) Improvement Project, Road No 79800, MP 1.53 to MP 1.96 vicinity, CRP 2050 (Range $ 400,000 to $ 500,000), at the office of the County Commissioners, located in Building 1, 411 North 5th Street, Shelton, Washington, 98584, until 8:30 a.m., Monday, August 3, 2026. Submitted bids will be publicly opened and read in the Commissioner Chambers, Building I, immediately thereafter. Sealed Bids received after the specified opening time will not be accepted.

MAJOR BID ITEMS will include Mobilization, LS; Crushed Surfacing Base Course, TN; Planing Bituminous Pavement, SY; HMA CL. ½ In. PG 58H-22, TON; Project Temporary Traffic Control, LS;

and other items in conformance with the 2025 WSDOT Standard Specifications, and the Special Provisions for this project.

Bid Documents are made available as follows:

Free-of-charge access to project bid documents (plans, specifications, addenda, and Bidders List) is provided to Prime Bidders, Subcontractors, and Vendors by going to www.bxwa.com and clicking on "Posted Projects", "Public Works", and "Mason County". This online plan room provides Bidders with fully usable online documents with the ability to: download, view, print, order full/partial plan sets from numerous reprographic sources, and a free online digitizer/take-off tool. It is recommended that Bidders “Register” in order to receive automatic e-mail notification of future addenda and to place themselves on the “Self-Registered Bidders List". Bidders that do not register will not be automatically notified of addenda and will need to periodically check the on-line plan room for addenda issued on this project.

Contact Builders Exchange of Washington at (425) 258-1303 should you require assistance with access or registration.

ALL BID PROPOSALS shall be accompanied by a bid proposal deposit in the form of a Surety Bond, Cash, Cashier's Check, or Certified Check in an amount equal to five percent (5%) of the amount of such bid proposal. The Proposal Bond shall be on DOT Form 272-001A Revised 05/13 for Local Agency Use. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the Specifications, the bid proposal deposit shall be forfeited to Mason County.

ALL BID PROPOSALS must be in writing, on forms furnished from Builder’s Exchange of Washington, with the Builder’s Exchange disclaimer footer in the margin of each page and along with proposal deposit, placed and sealed in a 12 x 9 envelope, with an indication on the front bottom left corner of said envelope, the project name and date of bid opening, and then filed with the Clerk of the Board of County Commissioners on or before the day and hour above-mentioned.

The (Local Agency) in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full 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.

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http://www.bxwa.com/

NOTICE TO BIDDERS

CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

Mason County assures that no person shall on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964 and related statues, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Mason County program or activity. For more information, please contact Mason County Public Works at (360) 427-9670, Ext.

450.

MASON COUNTY reserves the right to accept or reject bids on each item separately or as a whole, to reject any or all bids, to waive informalities and to contract as to the best interest of Mason County.

DATED this 13th day of July 2026.

MASON COUNTY PUBLIC WORKS

MASON COUNTY, WASHINGTON

Kobree Glaser

PUBLIC WORKS REPRESENTATIVE

cc: Cmmrs.

Engineer JOURNAL: Publ. 2t: 07/16/26 & 07/23/26 (Bill Rd. Dept.)

Journal Shelton: legals@masoncounty.com

JOURNAL OF COMMERCE: Publ. 2t: 07/16/26 & 07/23/26 Journal of Commerce Seattle, Legal Dept: legals@djc.com

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PROPOSAL

CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project

TO: BOARD OF MASON COUNTY COMMISSIONERS

411 NORTH 5TH STREET

SHELTON, WASHINGTON 98584

P R O P O S A L

MP 1.53 to MP 1.96

This certifies that the undersigned has examined the location of the above cited project and the Plans and Specifications and Contract governing the work embraced in this improvement, and the method by which payment will be made for said work is understood. The undersigned hereby proposes to undertake and complete the work embraced in this improvement, or as much thereof as can be completed with the funds available, in accordance with said Plans, Specifications and Contract and the following schedule of rates and prices:

ITEM

NO.

ITEM

DESCRIPTION

UNIT

TOTAL

QUANTITY

UNIT

PRICE

TOTAL

PRICE

1 Mobilization LS 1

2 Crushed Surfacing Base Course TON 200

3 Planing Bituminous Pavement SY 420

4 HMA Cl. ½” PG 58H-22 TON 2,300

5 Paint Line LF 6,811

Temporary Pavement Marking – Short

Duration

LF 2,270

7 Project Temporary Traffic Control LS 1

TOTAL AMOUNT BID: _______________________

Revised for Mason County 5/13

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Contractor Certification

Wage Law Compliance - Responsibility Criteria

Washington State Public Works Contracts

FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE

WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD

I hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that, to the best of my knowledge and belief, this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the Call for Bids.

Bidder Name:

By:

Title:

Date:

Name of Contractor/Bidder - Print full legal entity name of firm

Print Name of person making certifications for firm

Place:

Print city and state where signed

Form 272-009 -08/2017

Revised for Mason County

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Proposal Bond DOT Form 272-001A Page 1 of 1 Revised 07/2011 for Local Agency Use CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project

PROPOSAL BOND

KNOW ALL MEN BY THESE PRESENTS, That we, ____________________________

Of ____________________________as principal, and the _____________________ a corporation duly organized under the laws of the state of Washington, and authorized to do business in the State of Washington, as surety, are held and firmly bound unto the County of Mason in the full and penal sum of five (5) percent to the total amount of the bid proposal of said principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind our heirs, executors, administrators and assigns, and successors and assigns, firmly by these presents.

The condition of this bond is such, that whereas the principal herein is herewith submitting his or its sealed proposal for the following highway construction, to wit:

said bid and proposal, by reference thereto, being made a part hereof.

NOW, THERFORE, If the said proposal bid by said principal be accepted and the contract be awarded to said principal, and if said principal shall duly make and enter into and execute said contract and shall furnish bond as required by the County of Mason within a period of twenty (20) days from and after said award, exclusive of the day of such award, then this obligation shall be null and void, otherwise it shall remain and be in full force and effect.

IN TESTIMONY WHEREOF, the principal and surety have caused these presents to be signed and sealed this _______day of _____________ , 2026.

(Principal)

(Surety)

(Attorney-in-fact)

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CONTRACT

CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project

THIS AGREEMENT, made and entered into this day of , 2026, between MASON COUNTY DEPARTMENT OF PUBLIC WORKS, acting through the Board of County Commissioners under and by virtue of Title 36, R.C.W., as amended, and ___________________________, hereinafter called the Contractor.

WITNESSETH:

That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows:

1. The Contractor shall do all work and furnish all tools, equipment and materials for the CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project, in Mason County, and other work in accordance with and as described in the attached Specifications and the 2025 Standard Specifications of the Washington State Department of Transportation, which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof.

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 completing the work provided for in this contract and every part thereof, except such as are mentioned in the Specifications to be furnished by Mason County.

2. That Mason County hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached Specifications and the terms and conditions herein contained, and hereby contracts to pay for the same according to the attached Specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. The County further agrees to employ the Contractor to perform any alterations in or additions to the work provided for in this contract that may be ordered and to pay for the same under the terms of this contract and the attached Plans and Specifications.

3. The Contractor, for himself and for his heirs, executors, administrators, successors and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor.

4. It is further provided that no liability shall be attached to the County by reason of entering into this contract, except as expressly provided herein.

CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written, and the Board of County Commissioners has caused this instrument to be executed by, and in the name of the said Mason County Board of County Commissioners the day and year first above written.

Date executed by the Contractor: _______________

Contracting Firm Name

Contractor License No. & Expiration Date

Authorized Signature

Name (Printed) & Title

Address

City State Zip Code

Phone: .

UBI# ___________________________

BOARD OF COUNTY COMMISSIONERS

MASON COUNTY, WASHINGTON

Chairperson Date

APPROVED AS TO FORM:

Prosecuting Attorney

Date: .

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Contract Bond

CONTRACT BOND

Bond Number: ______________

KNOW ALL MEN BY THESE PRESENTS, that of

Washington, as Principal, and ______________________________________, as Surety, are jointly and severally held and bound unto Mason County, Washington, in the penal sum of

($ ) Dollars, for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators and assigns, and successors and assigns, firmly by these presents.

THE CONDITION of this bond is such that WHEREAS, on the day of __________A.D., 2026, the said , Principal herein, executed a certain contract with Mason County Department of Public Works, as Contracting

Agency, by the terms, conditions and provisions of which contract the said ________________

_________________Principal herein, agrees to furnish all material and do certain work, to wit:

That will undertake and complete the construction of the CRP 2050

Bear Creek Dewatto Road (Tiger) Improvement Project, for Mason County, according to the maps, Plans and Specifications made a part of said contract, which contract, as so executed, is hereunto attached, is now referred to and by reference is incorporated herein and made a part hereof as fully for all purposes as if herein set forth at length.

NOW, THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of said contract in all respects and shall well and truly and fully do and perform all matters and things undertaken by_______________________________, undertaken to be performed under said contract, upon the terms proposed therein, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, sub-contractors and material men, and all persons who shall supply such Contractor or sub-contractor with provisions and supplies for the carrying on of such work, and shall in all respects faithfully perform said contract according to law, then this obligation to be void, otherwise to remain in full force and effect, provided the liability hereunder for defects in materials or workmanship for a

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Contract Bond period of one year after the acceptance of the work shall not exceed the sum of ten percent (10%) of the amount hereinabove set forth as the penal sum of this Bond.

WITNESS our hand this day of , 2026.

Bonding Company Contractor Company Name

Licensed (resident) Agent of Surety Contractor Address

Agent’s Address City State Zip

City State Zip Contractor Telephone Number

Surety Telephone Number Principal Signature

SURETY (Signature)

APPROVED AS TO FORM:

Prosecuting Attorney

Date

SPECIAL PROVISIONS

CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

INTRODUCTION TO THE SPECIAL PROVISIONS 1

(January 4, 2024 APWA GSP, Option B) 5 The work on this project shall be accomplished in accordance with the Standard Specifications 7 for Road, Bridge and Municipal Construction, 20$$25$$ edition, as issued by the Washington 8 State Department of Transportation (WSDOT) and the American Public Works Association 9 (APWA), Washington State Chapter (hereafter “Standard Specifications”). The Standard 10 Specifications, as modified or supplemented by these Special Provisions, all of which are 11 made a part of the Contract Documents, shall govern all of the Work. 12 These Special Provisions are made up of both General Special Provisions (GSPs) from 14 various sources, which may have project-specific fill-ins; and project-specific Special 15 Provisions. Each Provision either supplements, modifies, or replaces the comparable 16 Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition 17 to any subsection or portion of the Standard Specifications is meant to pertain only to that 18 particular portion of the section, and in no way should it be interpreted that the balance of the 19 section does not apply. 20 The GSPs are labeled under the headers of each GSP, with the effective date of the GSP and 22 its source. For example: 23 (March 8, 2013 APWA GSP) 25 (April 1, 2013 (for WSDOT GSPs, only use date) 26 (May 1, 2013 $$Mason County$$ GSP) Agency Special Provision 27 Also incorporated into the Contract Documents by reference are: 30

• Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted 31 edition, with Washington State modifications, if any 32

• Standard Plans for Road, Bridge and Municipal Construction, WSDOT Manual 33 M21-01, current edition 34

Contractor shall obtain copies of these publications, at Contractor’s own expense. 36

Division 1 38

General Requirements 39

DESCRIPTION OF WORK 41

(March 13, 1995) 43 This Contract provides for the improvement of ***approximately 0.43 miles of Bear Creek 44 Dewatto Road (MP 1.53 to MP 1.96) in Mason County through roadway grading and 45 compaction, paving using HMA Cl. 1/2in PG 58H-22, shoulder finishing, and project temporary 46 traffic control*** and other work, all in accordance with the attached Contract Plans, these 47 Contract Provisions, and the Standard Specifications. 48

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CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

1-01.3 Definitions 1 (January 19, 2022 APWA GSP) 2 Delete the heading Completion Dates and the three paragraphs that follow it, and replace 4 them with the following: 5

Dates 7

Bid Opening Date 8 The date on which the Contracting Agency publicly opens and reads the Bids. 9

Award Date 10 The date of the formal decision of the Contracting Agency to accept the lowest 11 responsible and responsive Bidder for the Work. 12

Contract Execution Date 13 The date the Contracting Agency officially binds the Agency to the Contract. 14

Notice to Proceed Date 15 The date stated in the Notice to Proceed on which the Contract time begins. 16

Substantial Completion Date 17 The day the Engineer determines the Contracting Agency has full and unrestricted 18 use and benefit of the facilities, both from the operational and safety standpoint, any 19 remaining traffic disruptions will be rare and brief, and only minor incidental work, 20 replacement of temporary substitute facilities, plant establishment periods, or 21 correction or repair remains for the Physical Completion of the total Contract. 22

Physical Completion Date 23 The day all of the Work is physically completed on the project. All documentation 24 required by the Contract and required by law does not necessarily need to be 25 furnished by the Contractor by this date. 26

Completion Date 27 The day all the Work specified in the Contract is completed and all the obligations of 28 the Contractor under the contract are fulfilled by the Contractor. All documentation 29 required by the Contract and required by law must be furnished by the Contractor 30 before establishment of this date. 31

Final Acceptance Date 32 The date on which the Contracting Agency accepts the Work as complete. 33

Supplement this Section with the following: 35

All references in the Standard Specifications or WSDOT General Special Provisions, to 37 the terms “Department of Transportation”, “Washington State Transportation 38 Commission”, “Commission”, “Secretary of Transportation”, “Secretary”, “Headquarters”, 39 and “State Treasurer” shall be revised to read “Contracting Agency”. 40 All references to the terms “State” or “state” shall be revised to read “Contracting 42 Agency” unless the reference is to an administrative agency of the State of Washington, 43 a State statute or regulation, or the context reasonably indicates otherwise. 44 All references to “State Materials Laboratory” shall be revised to read “Contracting 46 Agency designated location”. 47

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CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

All references to “final contract voucher certification” shall be interpreted to mean the 1 Contracting Agency form(s) by which final payment is authorized, and final completion 2 and acceptance granted. 3 Additive 5 A supplemental unit of work or group of bid items, identified separately in the Bid 6 Proposal, which may, at the discretion of the Contracting Agency, be awarded in addition 7 to the base bid. 8 Alternate 10 One of two or more units of work or groups of bid items, identified separately in the Bid 11 Proposal, from which the Contracting Agency may make a choice between different 12 methods or material of construction for performing the same work. 13 Business Day 15 A business day is any day from Monday through Friday except holidays as listed in 16 Section 1-08.5. 17 Contract Bond 19 The definition in the Standard Specifications for “Contract Bond” applies to whatever 20 bond form(s) are required by the Contract Documents, which may be a combination of a 21 Payment Bond and a Performance Bond. 22 Contract Documents 24 See definition for “Contract”. 25 Contract Time 27 The period of time established by the terms and conditions of the Contract within which 28 the Work must be physically completed. 29 Notice of Award 31 The written notice from the Contracting Agency to the successful Bidder signifying the 32 Contracting Agency’s acceptance of the Bid Proposal. 33 Notice to Proceed 35 The written notice from the Contracting Agency or Engineer to the Contractor authorizing 36 and directing the Contractor to proceed with the Work and establishing the date on which 37 the Contract time begins. 38 Traffic 40 Both vehicular and non-vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and 41 equestrian traffic. 42

Bid Procedures and Conditions 44

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CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

1-02 BID PROCEDURES AND CONDITIONS 1

1-02.1 Prequalification of Bidders 3 Delete this section and replace it with the following: 5

1-02.1 Qualifications of Bidder 7 (January 24, 2011 APWA GSP) 8 Before award of a public works contract, a bidder must meet at least the minimum 10 qualifications of RCW 39.04.350(1) to be considered a responsible bidder and qualified to 11 be awarded a public works project. 12

1-02.2 Plans and Specifications 14 (June 27, 2011 APWA GSP) 15 Delete this section and replace it with the following: 17

Information as to where Bid Documents can be obtained or reviewed can be found in the 19 Call for Bids (Advertisement for Bids) for the work. 20 After award of the contract, plans and specifications will be issued to the Contractor at no 22 cost as detailed below: 23

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.

Large plans (e.g., 22" x 34")

$$0$$ Furnished only upon request.

Additional plans and Contract Provisions may be obtained by the Contractor from the 26 source stated in the Call for Bids, at the Contractor’s own expense. 27

Examination of Plans, Specifications and Site of Work 29

1-02.4(1) General 31 (December 30, 2022 APWA GSP Option B) 32 The first sentence of the ninth paragraph, beginning with “Prospective Bidder desiring…”, 34 is revised to read: 35

Prospective Bidders desiring an explanation or interpretation of the Bid Documents, 37 shall request the explanation or interpretation in writing by close of business 38 $$2$$ business days preceding the bid opening to allow a written reply to reach all 39 prospective Bidders before the submission of their Bids. 40

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CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

Preparation of Proposal 1 1-02.6 Preparation of Proposal 3 (April 22, 2025 APWA GSP, Option B) 4

The first sentence of the second paragraph is revised to read as follows: 6

All prices shall be in legible figures (not words) written in ink or typed, and expressed in 7 U.S. dollars. 8

Supplement the second paragraph with the following: 9

4. If a minimum bid amount has been established for any item, the unit or lump sum 10 price must equal or exceed the minimum amount stated. 11

Delete the last two paragraphs, and replace them with the following: 12

The Bidder shall submit with their Bid a completed Contractor Certification Wage Law 13 Compliance form, provided by the Contracting Agency. Failure to return this certification 14 as part of the Bid Proposal package will make this Bid Nonresponsive and ineligible for 15 Award. A Contractor Certification of Wage Law Compliance form is included in the 16 Proposal Forms. 17

The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. 18

A bid by a corporation shall be executed in the corporate name, by the president or a 19 vice president (or other corporate officer accompanied by evidence of authority to sign). 20

A bid by a partnership shall be executed in the partnership name and signed by a 21 partner. 22

A bid by a joint venture shall be executed in the joint venture name and signed by a 23 member of the joint venture. 24

Delivery of Proposal 26 1-02.9 Delivery of Proposal 28 (November 21, 2025 APWA GSP, Option A) 29 Delete this section and replace it with the following: 31

GENERAL 33

Each Proposal shall be submitted in a sealed envelope, with the Project Name and 34 Project Number as stated in the Call for Bids clearly marked on the outside of the 35 envelope, or as otherwise required in the Bid Documents, to ensure proper handling 36 and delivery. 37 Proposals that are received as required will be publicly opened and read as specified in 39 Section 1-02.12. The Contracting Agency will not open or consider any Bid Proposal 40 that is received after the time specified in the Call for Bids for receipt of Bid Proposals or 41 received in a location other than that specified in the Call for Bids. The Contracting 42 Agency will not open or consider any “Supplemental Information” that is received after 43 the time specified, or received in a location other than that specified in the Call for Bids. 44 If an emergency or unanticipated event interrupts normal work processes of the 46 Contracting Agency so that Proposals cannot be received at the office designated for 47

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CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96) receipt of bids as specified in Section 1-02.12 the time specified for receipt of the 1 Proposal will be deemed to be extended to the same time of day specified in the 2 solicitation on the first work day on which the normal work processes of the Contracting 3 Agency resume. 4 Supplemental bid information submitted after the Proposal submittal but within 48 hours 6 of the time and date the Proposal is due, shall be submitted in a sealed envelope 7 labeled the same as for the Proposal, with “Supplemental Information” added. 8 All other information required to be submitted with the Bid Proposal must be submitted 10 with the Bid Proposal itself, at the time stated in the Call for Bids. 11

1-02.10 Withdrawing, Revising, or Supplementing Proposal 13 (July 23, 2015 APWA GSP) 14 Delete this section, and replace it with the following: 16

After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may 18 withdraw, revise, or supplement it if: 19

1. The Bidder submits a written request signed by an authorized person and 21 physically delivers it to the place designated for receipt of Bid Proposals, and 22

2. The Contracting Agency receives the request before the time set for receipt of 23

Bid Proposals, and 24

3. The revised or supplemented Bid Proposal (if any) is received by the Contracting 25

Agency before the time set for receipt of Bid Proposals. 26

If the Bidder’s request to withdraw, revise, or supplement its Bid Proposal is received 28 before the time set for receipt of Bid Proposals, the Contracting Agency will return the 29 unopened Proposal package to the Bidder. The Bidder must then submit the revised or 30 supplemented package in its entirety. If the Bidder does not submit a revised or 31 supplemented package, then its bid shall be considered withdrawn. 32 Late revised or supplemented Bid Proposals or late withdrawal requests will be date 34 recorded by the Contracting Agency and returned unopened. Mailed, emailed, or faxed 35 requests to withdraw, revise, or supplement a Bid Proposal are not acceptable. 36

(******) 38

Date of Opening Bids 39 Sealed bids are to be received at the following location prior to the time and date specified. 40 Bids may be delivered by mail or in person to the Office of County Commissioners located 41 at Building I, 411 N 5th Street, Shelton, WA 98584, until 8:30 A.M. on Monday, August 3, 42 2026. Submitted bids will be publicly opened and read in the Commissioners Chambers, 43 Building I, immediately thereafter. Sealed bids received after the specified opening time 44 will not be accepted. 45

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CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

1-02.13 Irregular Proposals 1 (November 21, 2025 APWA GSP) 2 Delete this section and replace it with the following: 4

1. A Proposal will be considered irregular and will be rejected if: 6

a. The Bidder is not prequalified when so required; 7

b. The Bidder adds provisions reserving the right to reject or accept the Award, 8 or enter into the Contract; 9

c. A price per unit cannot be determined from the Bid Proposal; 10

d. The Proposal form is not properly executed; 11

e. The Bidder fails to submit or properly complete a subcontractor list as 12 required in Section 1-02.6; 13

f. The Bidder fails to submit the Bidder Questionnaire, if applicable, as required 14 by Section 1-02.6, or if the documentation that is submitted fails to meet the 15 requirements of the Special Provisions; or 16

g. The Bid Proposal does not constitute a definite and unqualified offer to meet 17 the material terms of the Bid invitation. 18

2. A Proposal may be considered irregular and may be rejected if: 20

a. The Proposal does not include a unit price for every Bid item; 21

b. Any of the unit prices are excessively unbalanced (either above or below the 22 amount of a reasonable Bid) to the potential detriment of the Contracting 23 Agency; 24

c. The authorized Proposal Form furnished by the Contracting Agency is not 25 used or is altered; 26

d. The completed Proposal form contains unauthorized additions, deletions, 27 alternate Bids, or conditions; 28

e. Receipt of Addenda is not acknowledged; 29

f. A member of a joint venture or partnership and the joint venture or 30 partnership submit Proposals for the same project (in such an instance, both 31 Bids may be rejected); or 32

g. If Proposal form entries are not made in ink. 33 1-02.14 Disqualification of Bidders 35 (May 17, 2018 APWA GSP, Option A) 36 Delete this section and replace it with the following: 38

A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder 40 responsibility criteria in RCW 39.04.350(1), as amended. 41 The Contracting Agency will verify that the Bidder meets the mandatory bidder 43 responsibility criteria in RCW 39.04.350(1). To assess bidder responsibility, the 44 Contracting Agency reserves the right to request documentation as needed from the 45 Bidder and third parties concerning the Bidder’s compliance with the mandatory bidder 46 responsibility criteria. 47 If the Contracting Agency determines the Bidder does not meet the mandatory bidder 49 responsibility criteria in RCW 39.04.350(1) and is therefore not a responsible Bidder, the 50 Contracting Agency shall notify the Bidder in writing, with the reasons for its determination. 51 If the Bidder disagrees with this determination, it may appeal the determination within two 52

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CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

(2) business days of the Contracting Agency’s determination by presenting its appeal and 1 any additional information to the Contracting Agency. The Contracting Agency will 2 consider the appeal and any additional information before issuing its final determination. 3 If the final determination affirms that the Bidder is not responsible, the Contracting Agency 4 will not execute a contract with any other Bidder until at least two business days after the 5 Bidder determined to be not responsible has received the Contracting Agency’s final 6 determination. 7

Award and Execution of Contract 9 1-03.3 Execution of Contract 11 (July 8, 2024 APWA GSP Option A) 12 Revise this section to read: 14

Within 3 calendar days of Award date (not including Saturdays, Sundays and Holidays), 16 the successful Bidder shall provide the information necessary to execute the Contract to 17 the Contracting Agency. The Bidder shall send the contact information, including the full 18 name, email address, and phone number, for the authorized signer and bonding agent to 19 the Contracting Agency. 20 Copies of the Contract Provisions, including the unsigned Form of Contract, will be 22 available for signature by the successful bidder on the first business day following award. 23 The number of copies to be executed by the Contractor will be determined by the 24 Contracting Agency. 25 Within $$10$$ calendar days after the award date, the successful bidder shall return the 27 signed Contracting Agency-prepared contract, an insurance certification as required by 28 Section 1-07.18, a satisfactory bond as required by law and Section 1-03.4, the Transfer 29 of Coverage form for the Construction Stormwater General Permit with sections I, III, and 30 VIII completed when provided. Before execution of the contract by the Contracting 31 Agency, the successful bidder shall provide any pre-award information the Contracting 32 Agency may require under Section 1-02.15. 33 Until the Contracting Agency executes a contract, no proposal shall bind the Contracting 35 Agency nor shall any work begin within the project limits or within Contracting Agency-36 furnished sites. The Contractor shall bear all risks for any work begun outside such areas 37 and for any materials ordered before the contract is executed by the Contracting Agency. 38 If the bidder experiences circumstances beyond their control that prevents return of the 40 contract documents within the calendar days after the award date stated above, the 41 Contracting Agency may grant up to a maximum of $$3$$ additional calendar days for 42 return of the documents, provided the Contracting Agency deems the circumstances 43 warrant it. 44

1-03.4 Contract Bond 46 (July 23, 2015 APWA GSP) 47 Delete the first paragraph and replace it with the following: 49

The successful bidder shall provide executed payment and performance bond(s) for the 51 full contract amount. The bond may be a combined payment and performance bond; or 52

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CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96) be separate payment and performance bonds. In the case of separate payment and 1 performance bonds, each shall be for the full contract amount. The bond(s) shall: 2

1. Be on Contracting Agency-furnished form(s); 3

2. Be signed by an approved surety (or sureties) that: 4

a. Is registered with the Washington State Insurance Commissioner, and 5

b. Appears on the current Authorized Insurance List in the State of Washington 6 published by the Office of the Insurance Commissioner, 7

3. Guarantee that the Contractor will perform and comply with all obligations, duties, 8 and conditions under the Contract, including but not limited to the duty and obligation 9 to indemnify, defend, and protect the Contracting Agency against all losses and 10 claims related directly or indirectly from any failure: 11

a. Of the Contractor (or any of the employees, subcontractors, or lower tier 12 subcontractors of the Contractor) to faithfully perform and comply with all contract 13 obligations, conditions, and duties, or 14

b. Of the Contractor (or the subcontractors or lower tier subcontractors of the 15 Contractor) to pay all laborers, mechanics, subcontractors, lower tier 16 subcontractors, material person, or any other person who provides supplies or 17 provisions for carrying out the work; 18

4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the 19 project under titles 50, 51, and 82 RCW; and 20

5. Be accompanied by a power of attorney for the Surety’s officer empowered to sign 21 the bond; and 22

6. Be signed by an officer of the Contractor empowered to sign official statements (sole 23 proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed 24 by the president or vice president, unless accompanied by written proof of the 25 authority of the individual signing the bond(s) to bind the corporation (i.e., corporate 26 resolution, power of attorney, or a letter to such effect signed by the president or vice 27 president). 28

1-03.7 Judicial Review 30 (December 30, 2022 APWA GSP) 31 Revise this section to read: 33

All decisions made by the Contracting Agency regarding the Award and execution of the 35 Contract or Bid rejection shall be conclusive subject to the scope of judicial review 36 permitted under Washington Law. Such review, if any, shall be timely filed in the Superior 37 Court of the county where the Contracting Agency headquarters is located, provided that 38 where an action is asserted against a county, RCW 36.01.050 shall control venue and 39 jurisdiction. 40

Scope of the Work 42 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, 44

Specifications, and Addenda 45 (December 30, 2022 APWA GSP) 46 Revise the second paragraph to read: 48

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CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

Any inconsistency in the parts of the contract shall be resolved by following this order of 1 precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 2

1. Addenda, 3

2. Proposal Form, 4

3. Special Provisions, 5

4. Contract Plans, 6

5. Standard Specifications, 7

6. Contracting Agency’s Standard Plans or Details (if any), and 8

7. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. 9 1-04.4 Changes 11 (January 19, 2022 APWA GSP) 12 The first two sentences of the last paragraph of Section 1-04.4 are deleted. 14

Control of Work 16

Authority of the Engineer 18

Requests for Information (RFI) 20

The fourth paragraph of Section 1-05.1(2) is revised to read: 22

(November 4, 2024) 24 The Contractor may submit a RFI for one of the following reasons: 25

1. The Contractor believes there is information missing from the Contract 27 Documents (Missing Information). 28

2. The Contractor believes a clarification of one or more of the Contract 30 requirements is necessary (Clarification). 31

3. The Contractor needs to substitute a material that provides an equal or 33 better level of performance as the one specified in the Contract (RFC - 34 Material Substitution). Requests shall indicate the location(s), quantity, and 35 shall describe how the material provides an equal or better level of 36 performance as the material originally specified. 37

4. The Contractor requests a change to the Contract requirements for a 39 reason other than one listed in items 1-3 of this Section (RFC - Other). To 40 be considered, the request must not meet the requirements of a Value 41 Engineering Change Proposal. To be considered, the request shall qualify 42 as a Minor Change in accordance with Section 1-04.4(1) and shall describe 43 how the change is beneficial to the project. 44

Conformity with and Deviations from Plans and Stakes 46

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CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

1-05.4 Conformity With and Deviations from Plans and Stakes 1 Supplement this section with the following: 2

Roadway and Utility Surveys 4 (November 25, 2024 APWA GSP, Option A) 5 The Engineer shall furnish to the Contractor one time only all principal lines, grades, and 7 measurements the Engineer deems necessary for completion of the work. These shall 8 generally consist of one initial set of: 9

1. Slope stakes for establishing grading; 10

2. Curb grade stakes; 11

3. Centerline finish grade stakes for pavement sections wider than 25 feet; and 12

4. Offset points to establish line and grade for underground utilities such as water, 13 sewers, and storm drains. 14

On alley construction projects with minor grade changes, the Engineer shall provide only 16 offset hubs on one side of the alley to establish the alignment and grade. 17

Nonconforming Work 19 Section 1-05.7, including title and subsections, is deleted and replaced with the following: 21

(November 4, 2024) 23

Nonconforming Work 24 The Contracting Agency will not pay for Nonconforming Work. 25 Nonconforming Work is Work that in any way fails to meet the requirements of the 27 Contract. This includes, but is not limited to: 28

• Work that does not conform to Contract requirements 30

• Work that does not meet Contract requirements 32

• Work done beyond the lines and grades set by the Plans or the Engineer 34

• Extra Work and materials furnished without the Engineer’s written approval 36

• Defective Work 38

• Noncompliant Work 40

• Nonconforming Work 42

• Out of specification Work 44

• Rejected Work 46

• Unacceptable Work 48

• Unauthorized Work 50

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CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

• Unsuitable Work 1

• Unsatisfactory Work 3

Identification of Nonconforming Work 5 The Contractor is responsible for quality control and shall identify all Nonconforming 6 Work. The Contracting Agency may also identify Nonconforming Work during inspection 7 of Work that has been completed, is at an identified hold point, or has been identified by 8 the Contractor as ready for inspection. However, failure by the Contracting Agency to 9 identify Nonconforming Work shall not relieve the Contractor from their responsibility for 10 the quality of the Work, nor shall it constitute acceptance or approval of the 11 Nonconforming Work. 12

Reporting of Nonconforming Work 14 Unless otherwise specified, the Contractor shall immediately report all Nonconforming 15 Work to the Engineer along with any relevant information about how the Nonconforming 16 Work shall be remediated. The Contractor shall be responsible and bear all costs for 17 remediating Nonconforming Work. 18 If the Contract requires the use of the WSDOT Unifier system for Document Control in 20 accordance with Section 1-04.2, reporting and remediation submittals shall follow the 21 “Nonconformance Report” business process in Unifier. 22

Remediation of Nonconforming Work 24 Remediation to correct Nonconforming Work shall be completed as soon as possible. 25 However, unless otherwise specified, the Contractor shall not proceed with implementing 26 the remedy until the Engineer has accepted the Contractor’s proposed remedy. Any 27 remedial work done prior to the Engineer’s acceptance shall be at the Contractor’s sole 28 risk and will be subject to further rejection or remediation. The Engineer has the right to 29 reject all or part of the Nonconforming Work, and the Engineer’s decision is final and not 30 subject to protest. 31 Remediation shall be classified in one of the following categories: 33

1. Rework to Contract requirements 35

2. Remove and replace 37

3. Repair to acceptable standards 39

When disputes occur over which category a remedy belongs, the Engineer’s decision will 41 be final and binding. 42

Rework to Contract Requirements 44 To be considered rework, the design and construction standards of the proposed 45 completed Work, in the sole judgment of the Engineer, shall meet the design and 46 construction standards applicable to the project. 47 Reporting of Nonconforming Work that is reworked is not required if all of the 49 following conditions are met: 50

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CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

1. The remediation shall be completed in the same shift as the Nonconforming 1 Work was identified. 2

2. It shall be remedied without damaging other Work. 4

3. It shall be remedied without putting the public at risk. 6

4. The Contractor’s proposed remedy is in accordance with the Contract 8 requirements. 9

5. The Engineer does not request the Nonconforming Work be reported. 11

Examples of Nonconforming Work that may not need reported if reworked include: 13

• Missing dobies prior to concrete pouring 15

• Rebar spacing and missing rebar 17

• Out of plumb luminaire or sign pole/post 19

For all other rework the Contractor shall submit all relevant information to the 21 Engineer. The Contractor shall include Type 2 Working Drawings. The Type 2 22 Working Drawings shall explain how the nonconforming work will be reworked 23 including repairs that will achieve the Contract requirements. For preapproved repair 24 procedures, Type 1 Working drawings shall be included in lieu of the Type 2 Working 25 Drawings. 26 Remove and Replace 28 To be considered as remove and replace, the Nonconforming Work shall be removed 29 and replaced and the design and construction standards of the proposed completed 30 Work, in the sole judgment of the Engineer, shall meet the design and construction 31 standards applicable to the project. 32 Reporting of Nonconforming Work that is removed and replaced is not required if all 34 of the following conditions are met: 35

1. The remedy shall be completed in the same shift the Nonconforming Work 37 was identified. 38

2. It shall be removed and replaced without damaging other Work. 40

3. Both the removal and the replacement meet all Contract requirements. 42

4. The Engineer does not request the Nonconforming Work be reported. 44

Examples of Nonconforming Work that may not need reported if removed and 46 replaced include: 47

• Decompacting and recompacting a lift of embankment to meet compaction 49 requirements 50

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CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

• Removing and replacing an installed and dented luminaire pole with a new 1 one. 2

For all other remove and replace Work, the Contractor shall submit all relevant 4 information, including Working Drawings of the Type requested by the Engineer. 5 The Working Drawings shall include how the nonconforming Work will be removed 7 and replaced including protection of other Work if needed. Type 2 Working Drawings 8 shall be required, unless the remediation requires engineering, in which case, Type 9 2E Working Drawings shall be provided. 10 Repair to an Acceptable Standard 12 At the Contractor’s written request, the Engineer may approve remediation that 13 includes repairing to an acceptable standard that does not meet the Contract 14 requirements with an appropriate price reduction that may range from no reduction 15 to no payment. 16 To request to repair Nonconforming work to an acceptable standard, the Contractor 18 shall submit all relevant information. Remedies proposed for this category shall 19 include Type 2E Working Drawings. The Type 2E working drawings shall indicate 20 whether the Work, as repaired, will achieve the same load carrying capacity, and 21 shall assess the effects of the repair on the durability of the Work. Calculations shall 22 be provided to demonstrate that the Work, as repaired, will perform the intended 23 functions for its intended design life. 24

1-05.11 Final Inspection 26 Delete this section and replace it with the following: 28

1-05.11 Final Inspections and Operational Testing 30 (October 1, 2005 APWA GSP) 31 1-05.11(1) Substantial Completion Date 33 When the Contractor considers the work to be substantially complete, the Contractor 35 shall so notify the Engineer and request the Engineer establish the Substantial 36 Completion Date. The Contractor’s request shall list the specific items of work that 37 remain to be completed in order to reach physical completion. The Engineer will 38 schedule an inspection of the work with the Contractor to determine the status of 39 completion. The Engineer may also establish the Substantial Completion Date 40 unilaterally. 41 If, after this inspection, the Engineer concurs with the Contractor that the work is 43 substantially complete and ready for its intended use, the Engineer, by written notice to 44 the Contractor, will set the Substantial Completion Date. If, after this inspection the 45 Engineer does not consider the work substantially complete and ready for its intended 46 use, the Engineer will, by written notice, so notify the Contractor giving the reasons 47 therefor. 48 Upon receipt of written notice concurring in or denying substantial completion, whichever 50 is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized 51 interruption, the work necessary to reach Substantial and Physical Completion. The 52

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CRP 2050 Bear Creek Dewatto Road (Tiger) Improvement Project Bear Creek Dewatto Road (#79800, MP 1.53 to MP 1.96)

Contractor shall provide the Engineer with a revised schedule indicating when the 1 Contractor expects to reach substantial and physical completion of the work. 2 The above process shall be repeated until the Engineer establishes the Substantial 4 Completion Date and the Contractor considers the work physically complete and ready for 5 final inspection. 6 1-05.11(2) Final Inspection and Physical Completion Date 8 When the Contractor considers the work physically complete and ready for final 10 inspection, the Contractor by written notice, shall request the Engineer to schedule a 11 final inspection. The Engineer will set a date for final inspection.