D236_Contract_Provisions_-_2026-MPW-174.pdf

Surface Water Management

Point Evans on the Narrows

Bluff Erosion Repair Soil

Nail Wall

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PIERCE COUNTY PLANNING & PUBLIC WORKS

CALL FOR BIDS

POINT EVANS ON THE NARROWS BLUFF EROSION REPAIR SOIL NAIL WALL

CIP D236

Project Summary

Project Name: Point Evans on the Narrows Bluff Erosion Repair Soil Nail Wall

Bid No. 2026-MPW-174

Cost Range: $500,000.00 to 1,000,000.00

Working Days: 45

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

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

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

Bid Opening Time and Date: 1:00 P.M., WEDNESDAY, AUGUST 5TH, 2026

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

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

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

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

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

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

Pierce County Finance Procurement Office 1501 Market Street, Suite 420 Tacoma, WA 98402

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

PIERCE COUNTY

CALL FOR BIDS

POINT EVANS ON THE NARROWS BLUFF EROSION REPAIR SOIL NAIL WALL

CIP D236

A non-mandatory Pre-Bid Site Visit will be held on Wednesday, July 29, 2026, 9:00 AM - 11:00 AM at 906 32nd St. Ct. NW Gig Harbor, WA 98335 (47.287490, -122.551455). Prospective bidders will have an opportunity to view site conditions and hear an overview of project elements from the Project Engineer. A question-and-answer opportunity will not be provided. Any resulting questions shall be submitted formally through the project procurement portal where responses may be viewed by all prospective bidders.

A video of the project site has been prepared and can be viewed by going to https://vimeo.com/1208919981/15e5e189bd?share=copy&fl=sv&fe=ci

Description of Work:

The Successful bidder will be responsible for construction of the Point Evans on the Narrows

Bluff Erosion Repair Soil Nail Wall Project. Work shall be completed in 45 working days following the Notice to Proceed and material procurement period. The onsite Construction window is expected to be between August 2026 through October 2026.

This contract provides for the improvement of an erosion-induced bluff failure and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications.

Pierce County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964, (78 Stat.

252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Cynthia Dittbrenner Surface Water Manager Pierce County Planning & Public Works

NOTICE TO PROSPECTIVE BIDDERS

Point Evans on the Narrows Bluff Erosion Repair Soil Nail Wall

CIP D236

Any prospective Bidder desiring an explanation or interpretation of the Bid Documents must request the explanation or interpretation in writing via the Pierce County Procurement and Contract Services website (https://www.piercecountywa.gov/CurrentSolicitations).

All requests must be received by Pierce County by close of business on the Thursday preceding the bid opening to allow a written reply to reach all prospective Bidders before the submission of their Bids. The County’s response will be posted on the Pierce County Procurement and Contract Services website approximately two days prior to the scheduled bid opening for use by all prospective Bidders who have registered.

I have the following question(s):

Please respond to:

Name

Representing

Address

Email

Fax Number

TABLE OF CONTENTS

TITLE PAGE

CERTIFICATION SHEET

VICINITY MAP

SPECIAL PROVISIONS

OTHER AGENCY PERMITS

EASEMENTS

WAGE RATES

INFORMATIONAL BID PROPOSAL DOCUMENTS

OTHER FORMS USED BY PIERCE COUNTY AFTER AWARD

PLAN SHEETS

PIERCE COUNTY PLANNING AND PUBLIC

WORKS

Surface Water Management

PROJECT MANUAL

and

CONTRACT DOCUMENTS

for

Point Evans on the Narrows Bluff Erosion Repair Soil

Nail Wall

Pierce County

Project No. D236

July 2026

Ryan Mello

Pierce County Executive

Josh Diekmann, P.E. PTOE

Director, Planning & Public Works Department

Cynthia Dittbrenner

Manager, Surface Water Management Division

PIERCE COUNTY PLANNING AND PUBLIC

WORKS

Surface Water Management

PROJECT MANUAL

and

CONTRACT DOCUMENTS

for

Point Evans on the Narrows

Bluff Erosion Repair Soil Nail Wall

Project No. D236

June 2026

Certification of Design

Portions of the Plans and Specifications have been prepared by Dan Trisler, Principal Geotechnical Engineer

Dan Trisler, P.E.

Principal Geotechnical Engineer, Haley & Aldrich, Inc.

Date

June 18, 2026

POINT EVANS ON THE NARROWS BLUFF

EROSION REPAIR SOIL NAIL WALL – C.I.P D236

S. 23, T. 21 N., R. 02 E., W.M.

SPECIAL PROVISIONS

TABLE OF CONTENTS

INTRODUCTION TO THE SPECIAL PROVISIONS

DESCRIPTION OF WORK

1-01 DEFINITIONS AND TERMS

1-02 BID PROCEDURES AND CONDITIONS

1-03 AWARD AND EXECUTION OF CONTRACT

1-04 SCOPE OF WORK

1-05 CONTROL OF WORK

1-06 CONTROL OF MATERIAL

1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC

1-08 PROSECUTION AND PROGRESS

1-09 MEASUREMENT AND PAYMENT

3-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP

6-15 SOIL NAIL WALLS

8-01 EROSION CONTROL AND WATER POLLUTION CONTROL

8-12 CHAIN LINK FENCE AND WIRE FENCE

STANDARD PLANS

INTRODUCTION TO THE SPECIAL PROVISIONS

(January 4, 2024 APWA GSP, Option A) The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2026 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter “Standard Specifications”). The Standard Specifications, as modified or supplemented by these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work.

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

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

(March 8, 2013 APWA GSP) (April 1, 2013 WSDOT GSP) (May 1, 2013 PC GSP).Agency Special Provision

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

(*****January 30, 2026 P.C. SWM)

Also incorporated into the Contract Documents by reference are:

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

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

• Pierce County Standard Drawings

• Pierce County Stormwater and Site Development Manual

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

DESCRIPTION OF WORK

DESWORK1

(March 13, 1995 WSDOT GSP) This contract provides for the improvement of an erosion-induced bluff failure and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications.

1-01 DEFINITIONS AND TERMS

1-01.3.OPT1 1-01.3 Definitions

(January 19, 2022 APWA GSP)

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

Dates

Bid Opening Date

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

Award Date

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

Contract Execution Date

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

Notice to Proceed Date

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

Substantial Completion Date

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

Physical Completion Date

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

Completion Date

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

Final Acceptance Date

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

Supplement this Section with the following:

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

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

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

All references to “final contract voucher certification” shall be interpreted to mean the Contracting Agency form(s) by which final payment is authorized, and final completion and acceptance granted.

Additive

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

Alternate

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

Business Day

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

Contract Bond

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

Contract Documents

See definition for “Contract”.

Contract Time

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

Notice of Award

The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency’s acceptance of the Bid Proposal.

Notice to Proceed

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

Traffic

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

1-01.3.OPTA Definitions

(December 2, 2024 PC GSP) Section 1-01.3 is amended by adding or revising the following terms:

Contract Compliance Officer The representative from Pierce County, who is responsible for administering all regulations and compliance standards regarding equal employment opportunity, affirmative action, and labor standards associated with this project. The Contract Compliance Office is located at 2702 South 42nd Street, Suite 109, Tacoma, WA 98409, (253) 798-7-172.

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

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

County

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

1-02 BID PROCEDURES AND CONDITIONS

1-02.1.OPT1 Prequalification of Bidders

Delete this section and replace it with the following:

1-02.1 Qualifications of Bidder

(February 17, 2026 APWA GSP Option A)

Before award of a public works contract, a Bidder must meet at least the minimum qualifications of RCW 39.04.350(1) to be considered a responsible bidder and qualified to be awarded a public works project.

1-02.2.OPTA Plans and Specifications

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

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

To Prime Contractor Maximum

No. of Sets

Basis of Distribution

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

Contract Provisions 10 Furnished Upon Request

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

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

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

1-02.4(1) General

1-02.4(1).OPTA General

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

Any prospective Bidder desiring an explanation or interpretation of the Bid Documents must request the explanation or interpretation in writing via the Pierce County Procurement and Contract Services website (https://www.piercecountywa.gov/CurrentSolicitations).

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

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

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

1-02.4(1).INST1

Section 1-02.4(1) is supplemented with the following:

1-02.4(2) Subsurface Information

1-02.4(2).OPTA Subsurface Information

The third and fourth sentence in the first paragraph are deleted and replaced with the following:

The Summary of Geotechnical , geotechnical reports, memoranda, boring logs and associated data, if and when included as an appendix to the Special Provisions, shall be considered as part of the Contract.

1-02.5 Proposal Forms

(February 17, 2026 APWA GSP)

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

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

1-02.6 Preparation of Proposal

1-02.6.INST1

Item number 3 in the second paragraph of Section 1-02.6 is supplemented with the following:

1-02.6.OPT2

(November 20, 2023 WSDOT GSP)

The fourth and fifth paragraphs of Section 1-02.6 are deleted.

Add the following new section:

1-02.6(1) Recycled Materials Proposal

(January 4, 2016 APWA GSP) The Bidder shall submit with the Bid, its proposal for incorporating recycled materials into the project, using the form provided in the Contract Provisions.

1-02.7 Bid Deposit

1-02.7.OPT1 1-02.7 Bid Deposit

Revise the third sentence of the first paragraph to read:

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

Supplement this section with the following:

Bid bonds shall contain the following:

1. Contracting Agency-assigned number for the project;

2. Name of the project;

3. The Contracting Agency named as obligee;

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

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

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

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

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

1-02.7.OPTA Bid Deposit

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

All proposal bonds shall be submitted on the form included in the Project Proposal and Contract Forms Section as furnished by the County and shall be signed by the bidder and surety.

Section 1-02.7 is supplemented with the following:

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

1-02.9.OPTD Delivery of Proposal

(November 21, 2025 APWA GSP, Option D)

GENERAL

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

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

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

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

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

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

02.12. The Contracting Agency will not open or consider any Bid Proposal that is received after the time specified in the Call for Bids for receipt of Bid Proposals or received in a location other than that specified in the Call for Bids. The Contracting Agency will not open or consider any “Supplemental Information” that is received after the time specified or received in a location other than that specified in the Call for Bids.

If an emergency or unanticipated event interrupts normal work processes of the Contracting Agency so that Proposals cannot be received at the office designated for receipt of bids as specified in Section 1-02.12 the time specified for receipt of the Proposal will be deemed to be extended to the same time of day specified in the solicitation on the first workday on which the normal work processes of the Contracting Agency resume.

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

1. By e-mail to the following e-mail address: pcpubworks@piercecountywa.gov, with “Supplemental Information” and the Project Name and Bid Number as listed in the Call for Bids noted on the subject line of the email.

All other information required to be submitted with the Bid Proposal must be submitted with the Bid Proposal itself, at the time stated in the Call for Bids.

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

(October 30, 2025 PC GSP) Delete this section in its entirety, and replace it with the following:

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

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

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

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

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

Late revised or supplemented Bid Proposals or late withdrawal requests will be date recorded by the Contracting Agency and returned unopened. Mailed, Emailed, or faxed requests to withdraw, revise, or supplement a Bid Proposal are not acceptable.

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

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

1-02.12.OPTA Public Opening of Proposals

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

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

1-02.13 Irregular Proposals

(November 21, 2025 APWA GSP)

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

a. The Bidder is not prequalified when so required;

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

Contract;

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

d. The Proposal form is not properly executed;

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

02.6;

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

or

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

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

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

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

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

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

e. Receipt of Addenda is not acknowledged;

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

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

1-02.14 Disqualification of Bidder

(May 17, 2018 APWA GSP, Option A)

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

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

If the Contracting Agency determines the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1) and is therefore not a responsible Bidder, the Contracting Agency shall notify the Bidder in writing, with the reasons for its determination. If the Bidder disagrees with this determination, it may appeal the determination within two (2) business days of the Contracting Agency’s determination by presenting its appeal and any additional information to the Contracting Agency. The Contracting Agency will consider the appeal and any additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Contracting Agency will not execute a contract with any other Bidder until at least two business days after the Bidder determined to be not responsible has received the Contracting Agency’s final determination.

1-03 AWARD AND EXECUTION OF CONTRACT

1-03.1 Consideration of Bids

(December 30, 2022 APWA GSP) Revise the first paragraph to read:

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

1-03.1.INST1

Section 1-03.1 is supplemented with the following:

1-03.1.OPTA (Bidding Preference)

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

1-03.1(1) Identical Bid Totals

Revise this section to read:

After opening Bids, if two or more lowest responsive Bid totals are exactly equal, then the tie-breaker will be the Bidder that proposed to use the highest percentage of recycled materials in the Project, per the form submitted with the Bid Proposal, if required. If those percentages are also exactly equal or if the form was not required, then the tie-breaker will be determined by drawing as follows: Two or more slips of paper will be marked as follows: one marked “Winner” and the other(s) marked “unsuccessful”. The slips will be folded to make the marking unseen. The slips will be placed inside a box. One authorized representative of each Bidder shall draw a slip from the box.

Bidders shall draw in alphabetic order by the name of the firm. The slips shall be unfolded and the firm with the slip marked “Winner” will be determined to be the successful Bidder and eligible for Award of the Contract. Only those Bidders who submitted a Bid total that is exactly equal to the lowest responsive Bid, and with a proposed recycled materials percentage that is exactly equal to the highest proposed recycled materials amount, are eligible to draw.

1-03.3.OPTA Execution of Contract

(October 30, 2025 PC GSP) Section 1-03.3 is revised to read as follows:

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

Within 20 calendar days after the award date, the successful Bidder shall return the Contracting Agency-prepared Contract with the contractor license number filled in, an insurance certification as required by Section 1-07.18, a satisfactory bond as required by law and Section 1-03.4, the Transfer of Coverage form for the Construction Stormwater General Permit with sections I, III, and VIII completed when provided. Before execution of the contract by the Contracting Agency, the successful Bidder shall provide, if required, any of the following: pre-Award information required by the Contracting Agency as listed under Section 1-02.15, proof of licensure for electrical, HVAC, or plumbing subcontractors. If the Prime Contractor lists themselves as performing electrical, HVAC, or plumbing they are required to submit proof of licensure prior to execution.

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

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

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

1-03.4 Contract Bond

(July 23, 2015 APWA GSP) Delete the first paragraph and replace it with the following:

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

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

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

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

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

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

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

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

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

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

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

1-03.7 Judicial Review

Revise this section to read:

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

1-04 SCOPE OF WORK

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

Revise the second paragraph to read:

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

1. Addenda,

2. Proposal Form,

3. Special Provisions,

4. Contract Plans,

5. Standard Specifications,

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

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

1-04.4.OPTA Changes

Revise the last paragraph to read:

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

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

1-05 CONTROL OF WORK

1-05.4 Conformity with and Deviations from Plans and Stakes

1-05.4.INST1

Section 1-05.4 is supplemented with the following:

1-05.4.OPT1 Contractor Surveying - Structure

(September 3, 2024 WSDOT GSP) The Contracting Agency has provided primary survey control in the Plans.

The Contractor shall be responsible for setting, maintaining, and resetting all alignment stakes, slope stakes, and grades necessary for the construction of bridges, noise walls, retaining walls, buried structures, and marine structures. Except for the survey control data to be furnished by the Contracting Agency, calculations, surveying, and measuring required for setting and maintaining the necessary lines and grades shall be the Contractor’s responsibility.

The Contractor shall inform the Engineer when monuments are discovered that were not identified in the Plans and construction activity may disturb or damage the monuments. All monuments noted on the plans “DO NOT DISTURB” shall be protected throughout the length of the project or be replaced at the Contractor’s expense.

Detailed survey records shall be maintained, including a description of the work performed on each shift, the methods utilized, and the control points used. The record shall be adequate to allow the survey to be reproduced. A copy of each day’s record shall be provided to the Engineer within three working days after the end of the shift.

The meaning of words and terms used in this provision shall be as listed in “Definitions of Surveying and Associated Terms” current edition, published by the American Congress on Surveying and Mapping and the American Society of Civil Engineers.

The survey work by the Contractor shall include but not be limited to the following:

1. Verify the primary horizontal and vertical control furnished by the Contracting Agency, and expand into secondary control by adding stakes and hubs as well as additional survey control needed for the project. Provide descriptions of secondary control to the Contracting Agency. The description shall include coordinates and elevations of all secondary control points.

2. Establish, by placing hubs and/or marked stakes, the location with offsets of foundation shafts and piles.

3. Establish offsets to footing centerline of bearing for structure excavation.

4. Establish offsets to footing centerline of bearing for footing forms.

5. Establish wing wall, retaining wall, noise wall, and buried structure horizontal alignment.

6. Establish retaining wall top of wall profile grade.

7. Establish buried structure profile grade.

8. Establish elevation benchmarks for all substructure formwork.

9. Check elevations at top of footing concrete line inside footing formwork immediately prior to concrete placement.

10. Check column location and pier centerline of bearing at top of footing immediately prior to concrete placement.

11. Establish location and plumbness of column forms, and monitor column plumbness during concrete placement.

12. Establish pier cap and crossbeam top and bottom elevations and centerline of bearing.

13. Check pier cap and crossbeam top and bottom elevations and centerline of bearing prior to and during concrete placement.

14. Establish grout pad locations and elevations.

15. Establish structure bearing locations and elevations, including locations of anchor bolt assemblies.

16. Establish box girder bottom slab grades and locations.

17. Establish girder and/or web wall profiles and locations.

18. Establish diaphragm locations and centerline of bearing.

19. Establish roadway slab alignment, grades and provide dimensions from top of girder to top of roadway slab. Set elevations for deck paving machine rails.

20. Establish traffic barrier and curb profile.

21. Profile all girders prior to the placement of any deadload or construction live loads that may affect the girder’s profile.

22. Establish locations for marine structures including fixed and floating berthing structures, vehicle and pedestrian foundations and spans, and marine-based buildings.

The Contractor shall provide the Contracting Agency copies of any calculations and staking data when requested by the Engineer.

The Contractor shall submit the computed elevations at the top of bridge decks as a Type 2 Working Drawing. To compute top of bridge deck elevations, elevations shall be taken at tenth points along the centerline of each girder web from center-to-center of bearing. For girders exceeding 100 feet in length, the elevations shall be taken at equivalent intervals not to exceed 10 feet.

The Contractor shall ensure a surveying accuracy within the following tolerances:

Vertical Horizontal

1. Stationing on structures ±0.02 feet

2. Alignment on structures ±0.02 feet

3. Superstructure elevations ±0.01 feet variation from plan elevation

4. Substructure ±0.02 feet variation from plan grades

Buried structures shall be within the tolerances described in Section 6-20.3.

The Contracting Agency may spot-check the Contractor’s surveying. These spot-checks will not change the requirements for normal checking by the Contractor.

When staking the following items, the Contractor shall perform independent checks from different secondary control to ensure that the points staked for these items are within the specified survey accuracy tolerances:

Piles Shafts Footings Columns

The Contractor shall calculate coordinates for the points associated with piles, shafts, footings and columns. The Contracting Agency will verify these coordinates prior to issuing approval to the Contractor for commencing with the survey work. The Contracting Agency will require up to seven calendar days from the date the data is received to issuing approval.

Contract work to be performed using contractor-provided stakes shall not begin until the stakes are approved by the Contracting Agency. Such approval shall not relieve the Contractor of responsibility for the accuracy of the stakes.

Payment

Payment will be made for the following bid item when included in the proposal:

“Structure Surveying,” lump sum.

The lump sum contract price for “Structure Surveying” shall be full pay for all labor, equipment, materials, and supervision utilized to perform the Work specified, including any resurveying, checking, correction of errors, replacement of missing or damaged stakes, and coordination efforts.

1-05.7 Nonconforming Work

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

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

1-05.7(1) Identification of Nonconforming Work

Replace this section with the following:

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

1-05.7(2) Reporting of Nonconforming Work

Replace this section with the following:

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

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

1-05.7(3) Remediation of Nonconforming Work

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

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

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

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

1-05.11 Final Inspection

1-05.11 Final Inspections and Operational Testing

(October 1, 2005 APWA GSP)

1-05.11(1) Substantial Completion Date

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

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

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

The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for final inspection.

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

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

The Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected.

If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1-05.7.

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

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

1-05.11(3) Operational Testing

It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system. Therefore, when the work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the physical completion date. Whenever items of work are listed in the Contract Provisions for operational testing, they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer.

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

Operational and test periods, when required by the Engineer, shall not affect a manufacturer’s…