CITY OF KIRKLAND

NE 68TH ST PEDESTRIAN AND BICYCLIST SAFETY IMPROVEMENTS

SPECIAL PROVISIONS

October 2026

NE 68th St Pedestrian and Bicyclist Safety Improvements, Kirkland

TABLE OF CONTENTS

SPECIAL PROVISIONS

DIVISION 1 – GENERAL REQUIREMENTS

1-01 DEFINITIONS AND TERMS

1-02 BID PROCEDURES AND CONDITIONS

1-03 AWARD AND EXECUTION OF CONTRACT

1-04 SCOPE OF THE 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

DIVISION 2 – TEMPORARY FEATURES

2-03 PUBLIC CONVENIENCE AND SAFETY

2-04 TRAFFIC CONTROL MANAGEMENT

DIVISION 3 – EARTHWORK

3-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP

3-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS

3-03 ROADWAY EXCAVATION AND EMBANKMENT

DIVISION 5 – SURFACE TREATMENTS AND PAVEMENTS

5-04 HOT MIX ASPHALT

5-05 CEMENT CONCRETE PAVEMENT

DIVISION 8 – MISCELLANEOUS CONSTRUCTION

8-01 EROSION CONTROL AND WATER POLLUTION CONTROL

8-02 ROADSIDE RESTORATION

8-04 CURBS, GUTTERS, AND SPILLWAYS

8-14 CEMENT CONCRETE SIDEWALKS

8-20 ILLUMINATION, TRAFFIC SIGNAL SYSTEMS, INTELLIGENT

TRANSPORTATION SYSTEMS, AND ELECTRICAL

8-21 PERMANENT SIGNING

8-22 PAVEMENT MARKING

DIVISION 9 – MATERIALS

9-29 ILLUMINATION, SIGNAL, ELECTRICAL

9-35 TEMPORARY TRAFFIC CONTROL MATERIALS

APPENDICES

SPECIAL PROVISIONS

INTRODUCTION TO THE SPECIAL PROVISIONS 1

(January 4, 2024 APWA GSP, Option A) 3 The work on this project shall be accomplished in accordance with the Standard Specifications 5 for Road, Bridge and Municipal Construction, 2026 edition, as issued by the Washington State 6 Department of Transportation (WSDOT) and the American Public Works Association (APWA), 7 Washington State Chapter (hereafter “Standard Specifications”). The Standard Specifications, 8 as modified or supplemented by these Special Provisions, all of which are made a part of the 9 Contract Documents, shall govern all of the Work. 10 These Special Provisions are made up of both General Special Provisions (GSPs) from various 12 sources, which may have project-specific fill-ins; and project-specific Special Provisions. Each 13 Provision either supplements, modifies, or replaces the comparable Standard Specification, or is 14 a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of 15 the Standard Specifications is meant to pertain only to that particular portion of the section, and 16 in no way should it be interpreted that the balance of the section does not apply. 17 The GSPs are labeled under the headers of each GSP, with the effective date of the GSP and its 19 source. For example: 20 (March 8, 2013 APWA GSP) 22 (April 1, 2013 WSDOT GSP) 23 (May 1, 2013 COK GSP) Agency Special Provision 24 Project specific special provisions are labeled without a date as such: 27 (*****) 28 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 M21-01, 33 current edition 34

• City of Kirkland Public Works Department Pre-Approved Plans and Policies, current year 35 edition 36

• U.S. Access Board Public Right-of-Way Accessibility Guidelines (PROWAG) 2023 final 37 rule 38

Contractor shall obtain copies of these publications, at Contractor’s own expense. 40

SPECIAL PROVISIONS

DIVISION 1 1

GENERAL REQUIREMENTS 2

DESCRIPTION OF WORK 4

(March 13, 1995 WSDOT GSP) 5 This Contract provides for the improvement of *** NE 68th St north of the 112th Ave NE 6 intersection. The Work to be performed shall include: installation of an RRFB, installation of two 7 solar powered speed radar signs, modifications to the existing median island, tree trimming and 8 tree removal, and curb ramp replacements. This Contract also provides for the improvement of 9 NE 68th St between 104th Ave NE to 108th Ave NE and will include installation and replacement 10 of permanent signing, bicycle and lane pavement markings, modifications to existing median 11 islands *** and other Work, all in accordance with the attached Contract Plans, these Contract 12 Provisions, and the Standard Specifications. 13

1-01 DEFINITIONS AND TERMS 15

(January 19, 2022 APWA GSP) 16

1-01.3 Definitions 17

Delete the heading Completion Dates and the three paragraphs that follow it, and replace them 19 with the following: 20

Dates 22

Bid Opening Date 23 The date on which the Contracting Agency publicly opens and reads the Bids. 24

Award Date 25 The date of the formal decision of the Contracting Agency to accept the lowest 26 responsible and responsive Bidder for the Work. 27

Contract Execution Date 28 The date the Contracting Agency officially binds the Agency to the Contract. 29

Notice to Proceed Date 30 The date stated in the Notice to Proceed on which the Contract time begins. 31

Substantial Completion Date 32 The day the Engineer determines the Contracting Agency has full and unrestricted use 33 and benefit of the facilities, both from the operational and safety standpoint, any 34 remaining traffic disruptions will be rare and brief, and only minor incidental work, 35 replacement of temporary substitute facilities, plant establishment periods, or correction 36 or repair remains for the Physical Completion of the total Contract. 37

Physical Completion Date 38 The day all of the Work is physically completed on the project. All documentation 39 required by the Contract and required by law does not necessarily need to be furnished 40 by the Contractor by this date. 41

Completion Date 42 The day all the Work specified in the Contract is completed and all the obligations of the 43 Contractor under the contract are fulfilled by the Contractor. All documentation required 44 by the Contract and required by law must be furnished by the Contractor before 45 establishment of this date. 46

SPECIAL PROVISIONS

Final Acceptance Date 1 The date on which the Contracting Agency accepts the Work as complete. 2

Supplement this Section with the following: 4

All references in the Standard Specifications or WSDOT General Special Provisions, to the 6 terms “Department of Transportation”, “Washington State Transportation Commission”, 7 “Commission”, “Secretary of Transportation”, “Secretary”, “Headquarters”, and “State 8 Treasurer” shall be revised to read “Contracting Agency”. 9 All references to the terms “State” or “state” shall be revised to read “Contracting Agency” 11 unless the reference is to an administrative agency of the State of Washington, a State 12 statute or regulation, or the context reasonably indicates otherwise. 13 All references to “State Materials Laboratory” shall be revised to read “Contracting Agency 15 designated location”. 16 All references to “final contract voucher certification” shall be interpreted to mean the 18 Contracting Agency form(s) by which final payment is authorized, and final completion and 19 acceptance granted. 20

Additive 22

A supplemental unit of work or group of bid items, identified separately in the Bid Proposal, 23 which may, at the discretion of the Contracting Agency, be awarded in addition to the base 24 bid. 25

Alternate 27

One of two or more units of work or groups of bid items, identified separately in the Bid 28 Proposal, from which the Contracting Agency may make a choice between different 29 methods or material of construction for performing the same work. 30

Business Day 32

A business day is any day from Monday through Friday except holidays as listed in Section 33 1-08.5. 34

Contract Bond 36

The definition in the Standard Specifications for “Contract Bond” applies to whatever bond 37 form(s) are required by the Contract Documents, which may be a combination of a Payment 38 Bond and a Performance Bond. 39

Contract Documents 41

See definition for “Contract”. 42

Contract Time 44

The period of time established by the terms and conditions of the Contract within which the 45 Work must be physically completed. 46

Notice of Award 48

The written notice from the Contracting Agency to the successful Bidder signifying the 49 Contracting Agency’s acceptance of the Bid Proposal. 50

SPECIAL PROVISIONS

Notice to Proceed 1

The written notice from the Contracting Agency or Engineer to the Contractor authorizing 2 and directing the Contractor to proceed with the Work and establishing the date on which 3 the Contract time begins. 4 Traffic 6 Both vehicular and non-vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and 7 equestrian traffic. 8 (*****) 10 Invitation to Bid 11 See “Call to Bid” 12

1-02 BID PROCEDURES AND CONDITIONS 14

1-02.1 Prequalification of Bidders 15

Delete this Section and replace it with the following: 16

1-02.1 Qualifications of Bidder 17

(February 17, 2026 APWA GSP, Option B) 18 Before award of a public works contract, a Bidder must meet at least the minimum 20 qualifications of RCW 39.04.350(1)(b-g) to be considered a responsible Bidder and qualified 21 to be awarded a public works project. 22

1-02.2 Plans and Specifications 25 (*****) 26 Delete this section and replace it with the following: 28

Information as to where Bid Documents can be obtained or reviewed can be found in the 29 Call for Bids (Advertisement Invitation for Bids) for the work. 30

After award of the contract, plans and specifications will be issued to the Contractor at no 31 cost as detailed below: 32

To Prime Contractor No. of Sets

Basis of Distribution

Reduced plans (11" x 17") 3 Furnished automatically upon award.

Contract Provisions 3 Furnished automatically upon award.

Large plans (e.g., 22" x 34") 2 Furnished only upon request.

Additional plans and Contract Provisions may be obtained by the Contractor from the 34 source stated in the Invitation for Bids, at the Contractor’s own expense. 35

SPECIAL PROVISIONS

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

1-02.4(1) General 3 (December 30, 2022 APWA GSP Option B) 4 The first sentence of the ninth paragraph, beginning with “Prospective Bidder desiring…”, is 6 revised to read: 7

Prospective Bidders desiring an explanation or interpretation of the Bid Documents, shall 9 request the explanation or interpretation in writing by close of business *** four (4) *** 10 business days preceding the bid opening to allow a written reply to reach all prospective 11 Bidders before the submission of their Bids. 12

Section 1-02.4(1) is supplemented with the following: 14 (September 3, 2019 WSDOT GSP) 15 The Reference Information for this project is available for review by the Bidder at 17 the following location: 18 *** Appendix A through Appendix D of this Project Manual *** 20 The Reference Information includes the following: 22

*** Pre-Approved Plans and Standard Details, Temporary Construction Easements, 24 Permits, Stormwater TIR, Property Release Form ** 25

1-02.5 Proposal Forms 27 (February 17, 2026 APWA GSP) 28 Delete this section and replace it with the following: 30

The Proposal Form will identify the project and its location and describe the work. It will also 32 list estimated quantities, units of measurement, the items of work, and the materials to be 33 furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that 34 call for, but are not limited to, unit prices; extensions; summations; the total bid amount; 35 signatures; date; and, where applicable, retail sales taxes and acknowledgment of addenda; 36 the bidder’s name, address, telephone number, and signature. Bids shall be in legible figures 37 (not words) written in ink or typed and expressed in U.S. dollars. The required certifications 38 are included as part of the Proposal Form. 39 The Contracting Agency reserves the right to arrange the proposal forms with alternates and 41 additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all 42 alternates and additives set forth in the Proposal Form unless otherwise specified. 43

1-02.6 Preparation of Proposal 45

SPECIAL PROVISIONS

(February 17, 2026 APWA GSP, Option C) 1

The first sentence of the second paragraph is revised to read as follows: 3

All prices shall be in legible figures (not words) written in ink or typed, and expressed 5 in U.S. dollars. 6

Supplement the second paragraph with the following: 8

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: 13

The Bidder shall submit with their Bid a completed Contractor Certification Wage Law 15 Compliance form, provided by the Contracting Agency. Failure to return this 16 certification as part of the Bid Proposal package will make this Bid Nonresponsive and 17 ineligible for Award. A Contractor Certification of Wage Law Compliance form is 18 included in the Proposal Forms. 19 The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any 21 manner. 22 A bid by a corporation shall be executed in the corporate name, by the president or a 24 vice president (or other corporate officer accompanied by evidence of authority to 25 sign). 26 A bid by a partnership shall be executed in the partnership name and signed by a 28 partner. 29 A bid by a joint venture shall be executed in the joint venture name and signed by a 31 member of the joint venture. 32

(November 20, 2023 WSDOT GSP) 34 The fourth and fifth paragraphs of Section 1-02.6 are deleted. 35

(October 5, 2026 WSDOT GSP) 37 Section 1-02.6 is supplemented with the following: 38

Bidder Questionnaire 40 The Bidder shall submit with their Bid a Bidder Questionnaire form (WSDOT Form #272-022). 41 This shall be filled out for each firm who submitted a bid or quote in attempt to participate in 42 the project whether they were successful or not and include the following information: 43

1. Firm name; 45

2. Firm address including ZIP code; 47

3. Firm’s status as a DBE or non-DBE; 49

SPECIAL PROVISIONS

4. NAICS code applicable to each scope of work the firm sought to perform in its bid; 1

5. Age of the firm; and 3

6. The annual gross receipts of the firm. The Bidder may obtain this information by 5 asking each firm to indicate into what gross receipts bracket they fit (less than $1 6 million; $1-3 million; $3-6 million; $6-10 million; $10-20 million; $20-30.72 million; or 7 greater than $30.72 million) rather than requesting an exact figure from the firm. 8

This form shall be received at the same location and no later than the time required for the 10 delivery of the Proposal. This form is meant to provide the Contracting Agency with the above 11 information so reasonable care shall be taken to complete the form as accurately as possible, 12 and the questionnaire shall be corrected by the Bidder if requested by the Contracting 13 Agency. 14

1-02.7 Bid Deposit 16 (February 17, 2026 APWA GSP) 17 Revise the third sentence of the first paragraph to read: 19

For projects that are selected by the Contracting Agency to be Bid electronically, the 21 proposal bond may be in either a physical format, or an electronic format via *** N/A ***. 22

Supplement this section with the following: 24

Bid bonds shall contain the following: 26

1. Contracting Agency-assigned number for the project; 27

2. Name of the project; 28

3. The Contracting Agency named as obligee; 29

4. The amount of the bid bond stated either as a dollar figure or as a percentage which 30 represents five percent of the maximum bid amount that could be awarded; 31

5. Signature of the bidder’s officer empowered to sign official statements. The signature of 32 the person authorized to submit the bid should agree with the signature on the bond, and 33 the title of the person must accompany the said signature; 34

6. The signature of the surety’s officer empowered to sign the bond and the power of 35 attorney. 36

If so stated in the Contract Provisions, bidder must use the bond form included in the 38 Contract Provisions. 39 If so stated in the Contract Provisions, cash will not be accepted for a bid deposit. 41

1-02.8 Noncollusion Declaration and Lobbying Certification 43 (*****) 44 The following new paragraph is inserted at the end of Section 1-02.8: 45

Conflict of Interest 46

SPECIAL PROVISIONS

The bidder affirms that it presently has no interest and shall not acquire any interest, direct 1 or indirect, which would conflict in any manner or degree with the performance of its services 2 hereunder. The Contractor further covenants that in the performance of this contract, no 3 person having any conflicting interest shall be employed. 4

1-02.9 Delivery of Proposal 6 (November 21, 2025 APWA GSP, Option A) 7

Delete this section and replace it with the following: 8

GENERAL 9

Each Proposal shall be submitted in a sealed envelope, with the Project Name and Project 10 Number as stated in the Call for Bids clearly marked on the outside of the envelope, or as 11 otherwise required in the Bid Documents, to ensure proper handling and delivery. 12

Proposals that are received as required will be publicly opened and read as specified in 13 Section 1-02.12. The Contracting Agency will not open or consider any Bid Proposal that is 14 received after the time specified in the Call for Bids for receipt of Bid Proposals or received 15 in a location other than that specified in the Call for Bids. The Contracting Agency will not 16 open or consider any “Supplemental Information” that is received after the time specified, or 17 received in a location other than that specified in the Call for Bids. 18

If an emergency or unanticipated event interrupts normal work processes of the Contracting 19 Agency so that Proposals cannot be received at the office designated for receipt of bids as 20 specified in Section 1-02.12 the time specified for receipt of the Proposal will be deemed to 21 be extended to the same time of day specified in the solicitation on the first work day on 22 which the normal work processes of the Contracting Agency resume. 23

Supplemental bid information submitted after the Proposal submittal but within 48 hours of 24 the time and date the Proposal is due, shall be submitted in a sealed envelope labeled the 25 same as for the Proposal, with “Supplemental Information” added. 26

All other information required to be submitted with the Bid Proposal must be submitted with 27 the Bid Proposal itself, at the time stated in the Call for Bids 28

1-02.10 Withdrawing, Revising, or Supplementing Proposal 30 (February 17, 2026 APWA GSP) 31 Delete this section, and replace it with the following: 33

After submitting a physical or an electronic bid, if allowed under 1-02.9, Bid Proposal to the 35 Contracting Agency, the Bidder may withdraw, revise, or supplement it if: 36

1. The Bidder submits a written request signed by an authorized person and physically 38 delivers it to the place designated for receipt of Bid Proposals, if a physical Bid 39 Proposal was submitted, or recalled electronically via electronic method described 40 in 1-02.9 if an electronic Bid Proposal was submitted, and 41

2. The Contracting Agency receives the request before the time set for receipt of Bid 42 Proposals, and 43

3. The revised or supplemented Bid Proposal (if any) is received by the Contracting 44 Agency before the time set for receipt of Bid Proposals. 45

SPECIAL PROVISIONS

If the Bidder’s request to withdraw, revise, or supplement its Bid Proposal is received before 1 the time set for receipt of Bid Proposals, the Contracting Agency will return the unopened 2 Proposal package to the Bidder. The Bidder must then submit the revised or supplemented 3 package in its entirety. If the Bidder does not submit a revised or supplemented package 4 before the time set for receipt of Bid Proposals, then its bid shall be considered withdrawn. 5 Late, revised or supplemented Bid Proposals or late withdrawal requests will be date 7 recorded by the Contracting Agency and returned unopened. Requests to withdraw, revise, 8 or supplement a Bid Proposal may be submitted by the following methods: 9

1. In person 11 *** City hall delivery, Office of the Purchasing Agent, City Hall, 123 Fifth Avenue, Kirkland, 12

WA 98033***. 13

1-02.12 Public Opening of Proposal 15 Section 1-02.12 is supplemented with the following: 17 (July 19, 2022 COK SP) 18 Date of Opening Bids 20 Sealed Bids are to be received at the following location prior to the time specified: 21 At the City of Kirkland in the office of the City of Kirkland Council Chambers, 23 City Hall, 123 Fifth Avenue, Kirkland, Washington 98033 until 2:00 P.M. of the Bid opening 24 date. The Bid opening date for this project is November 11, 2026. Bids received will be 25 publicly opened and read after 3:00 P. M. on this date. Bids will not be received after this date 26 and time. 27

1-02.13 Irregular Proposals 29 (October 5, 2026 APWA GSP) 30 Delete this Section and replace it with the following: 32

1. A Proposal will be considered irregular and will be rejected if: 34

a. The Bidder is not prequalified when so required; 35

b. The Bidder adds provisions reserving the right to reject or accept the Award, or 36 enter into the Contract; 37

c. A price per unit cannot be determined from the Bid Proposal; 38

d. The Proposal form is not properly executed; 39

e. The Bidder fails to submit or properly complete a subcontractor list as required in 40

Section 1-02.6; or 41

f. The Bid Proposal does not constitute a definite and unqualified offer to meet the 42 material terms of the Bid invitation. 43

2. A Proposal may be considered irregular and may be rejected if: 45

a. The Proposal does not include a unit price for every Bid item; 46

b. Any of the unit prices are excessively unbalanced (either above or below the 47 amount of a reasonable Bid) to the potential detriment of the Contracting Agency; 48

SPECIAL PROVISIONS

c. The authorized Proposal Form furnished by the Contracting Agency is not used or 1 is altered; 2

d. The completed Proposal form contains unauthorized additions, deletions, alternate 3

Bids, or conditions; 4

e. Receipt of Addenda is not acknowledged; 5

f. A member of a joint venture or partnership and the joint venture or partnership 6 submit Proposals for the same project (in such an instance, both Bids may be 7 rejected); or 8

g. If Proposal form entries are not made in ink. 9

1-02.14 Disqualification of Bidders 12 (May 17, 2018 APWA GSP, Option B) 13 Delete this section and replace it with the following: 15

A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder 17 responsibility criteria in RCW 39.04.350(1), as amended; or does not meet Supplemental 18 Criteria 1-7 listed in this Section. 19 The Contracting Agency will verify that the Bidder meets the mandatory bidder 21 responsibility criteria in RCW 39.04.350(1), and Supplemental Criteria 1-2. Evidence that 22 the Bidder meets Supplemental Criteria 3-7 shall be provided by the Bidder as stated later 23 in this Section. 24

1. Delinquent State Taxes 27

A Criterion: The Bidder shall not owe delinquent taxes to the Washington State 29 Department of Revenue without a payment plan approved by the Department of 30 Revenue. 31

B. Documentation: The Bidder, if and when required as detailed below, shall sign a 33 statement (on a form to be provided by the Contracting Agency) that the Bidder 34 does not owe delinquent taxes to the Washington State Department of Revenue, 35 or if delinquent taxes are owed to the Washington State Department of Revenue, 36 the Bidder must submit a written payment plan approved by the Department of 37 Revenue, to the Contracting Agency by the deadline listed below. 38

2. Federal Debarment 40

A Criterion: The Bidder shall not currently be debarred or suspended by the 42 Federal government. 43

B. Documentation: The Bidder shall not be listed as having an “active exclusion” on 45 the U.S. government’s “System for Award Management” database 46 (www.sam.gov). 47

3. Subcontractor Responsibility 49

SPECIAL PROVISIONS

A Criterion: The Bidder’s standard subcontract form shall include the subcontractor 1 responsibility language required by RCW 39.06.020, and the Bidder shall have 2 an established procedure which it utilizes to validate the responsibility of each of 3 its subcontractors. The Bidder’s subcontract form shall also include a 4 requirement that each of its subcontractors shall have and document a similar 5 procedure to determine whether the sub-tier subcontractors with whom it 6 contracts are also “responsible” subcontractors as defined by RCW 39.06.020. 7

B. Documentation: The Bidder, if and when required as detailed below, shall submit 9 a copy of its standard subcontract form for review by the Contracting Agency, and 10 a written description of its procedure for validating the responsibility of 11 subcontractors with which it contracts. 12

4. Claims Against Retainage and Bonds 14

A Criterion: The Bidder shall not have a record of excessive claims filed against the 16 retainage or payment bonds for public works projects in the three years prior to 17 the bid submittal date, that demonstrate a lack of effective management by the 18 Bidder of making timely and appropriate payments to its subcontractors, 19 suppliers, and workers, unless there are extenuating circumstances and such 20 circumstances are deemed acceptable to the Contracting Agency. 21

B. Documentation: The Bidder, if and when required as detailed below, shall submit 23 a list of the public works projects completed in the three years prior to the bid 24 submittal date that have had claims against retainage and bonds and include for 25 each project the following information: 26

• Name of project 28

• The owner and contact information for the owner; 29

• A list of claims filed against the retainage and/or payment bond for any of the 30 projects listed; 31

• A written explanation of the circumstances surrounding each claim and the 32 ultimate resolution of the claim. 33

5. Public Bidding Crime 35

A Criterion: The Bidder and/or its owners shall not have been convicted of a crime 37 involving bidding on a public works contract in the five years prior to the bid 38 submittal date. 39

B. Documentation: The Bidder, if and when required as detailed below, shall sign a 41 statement (on a form to be provided by the Contracting Agency) that the Bidder 42 and/or its owners have not been convicted of a crime involving bidding on a 43 public works contract. 44

6. Termination for Cause / Termination for Default 46

A Criterion: The Bidder shall not have had any public works contract terminated for 48 cause or terminated for default by a government agency in the five years prior to 49 the bid submittal date, unless there are extenuating circumstances and such 50 circumstances are deemed acceptable to the Contracting Agency. 51

SPECIAL PROVISIONS

B. Documentation: The Bidder, if and when required as detailed below, shall sign a 2 statement (on a form to be provided by the Contracting Agency) that the Bidder 3 has not had any public works contract terminated for cause or terminated for 4 default by a government agency in the five years prior to the bid submittal date; 5 or if Bidder was terminated, describe the circumstances. . 6

7. Lawsuits 8

A Criterion: The Bidder shall not have lawsuits with judgments entered against the 10 Bidder in the five years prior to the bid submittal date that demonstrate a pattern 11 of failing to meet the terms of contracts, unless there are extenuating 12 circumstances and such circumstances are deemed acceptable to the 13 Contracting Agency 14

B. Documentation: The Bidder, if and when required as detailed below, shall sign a 16 statement (on a form to be provided by the Contracting Agency) that the Bidder 17 has not had any lawsuits with judgments entered against the Bidder in the five 18 years prior to the bid submittal date that demonstrate a pattern of failing to meet 19 the terms of contracts, or shall submit a list of all lawsuits with judgments entered 20 against the Bidder in the five years prior to the bid submittal date, along with a 21 written explanation of the circumstances surrounding each such lawsuit. The 22 Contracting Agency shall evaluate these explanations to determine whether the 23 lawsuits demonstrate a pattern of failing to meet of terms of construction related 24 contracts 25

As evidence that the Bidder meets the Supplemental Criteria stated above, the apparent 27 low Bidder must submit to the Contracting Agency by 12:00 P.M. (noon) of the second 28 business day following the bid submittal deadline, a written statement verifying that the 29 Bidder meets the supplemental criteria together with supporting documentation (sufficient 30 in the sole judgment of the Contracting Agency) demonstrating compliance with the 31 Supplemental Criteria. The Contracting Agency reserves the right to request further 32 documentation as needed from the low Bidder and documentation from other Bidders as 33 well to assess Bidder responsibility and compliance with all bidder responsibility criteria. 34 The Contracting Agency also reserves the right to obtain information from third-parties and 35 independent sources of information concerning a Bidder’s compliance with the mandatory 36 and supplemental criteria, and to use that information in their evaluation. The Contracting 37 Agency may consider mitigating factors in determining whether the Bidder complies with 38 the requirements of the supplemental criteria. 39 The basis for evaluation of Bidder compliance with these mandatory and supplemental 41 criteria shall include any documents or facts obtained by Contracting Agency (whether 42 from the Bidder or third parties) including but not limited to: (i) financial, historical, or 43 operational data from the Bidder; (ii) information obtained directly by the Contracting 44 Agency from others for whom the Bidder has worked, or other public agencies or private 45 enterprises; and (iii) any additional information obtained by the Contracting Agency which 46 is believed to be relevant to the matter. 47 If the Contracting Agency determines the Bidder does not meet the bidder responsibility 49 criteria above and is therefore not a responsible Bidder, the Contracting Agency shall 50 notify the Bidder in writing, with the reasons for its determination. If the Bidder disagrees 51

SPECIAL PROVISIONS

with this determination, it may appeal the determination within two (2) business days of the 1 Contracting Agency’s determination by presenting its appeal and any additional 2 information to the Contracting Agency. The Contracting Agency will consider the appeal 3 and any additional information before issuing its final determination. If the final 4 determination affirms that the Bidder is not responsible, the Contracting Agency will not 5 execute a contract with any other Bidder until at least two business days after the Bidder 6 determined to be not responsible has received the Contracting Agency’s final 7 determination. 8 Request to Change Supplemental Bidder Responsibility Criteria Prior To Bid: Bidders with 10 concerns about the relevancy or restrictiveness of the Supplemental Bidder Responsibility 11 Criteria may make or submit requests to the Contracting Agency to modify the criteria. 12 Such requests shall be in writing, describe the nature of the concerns, and propose 13 specific modifications to the criteria. Bidders shall submit such requests to the Contracting 14 Agency no later than five (5) business days prior to the bid submittal deadline and address 15 the request to the Project Engineer or such other person designated by the Contracting 16 Agency in the Bid Documents. 17

1-03 AWARD AND EXECUTION OF CONTRACT 22

1-03.1 Consideration of Bids 24 (December 30, 2022 APWA GSP) 25 Revise the first paragraph to read: 27

After opening and reading proposals, the Contracting Agency will check them for correctness 29 of extensions of the prices per unit and the total price. If a discrepancy exists between the 30 price per unit and the extended amount of any bid item, the price per unit will control. If a 31 minimum bid amount has been established for any item and the bidder’s unit or lump sum 32 price is less than the minimum specified amount, the Contracting Agency will unilaterally 33 revise the unit or lump sum price, to the minimum specified amount and recalculate the 34 extension. The total of extensions, corrected where necessary, including sales taxes where 35 applicable and such additives and/or alternates as selected by the Contracting Agency, will be 36 used by the Contracting Agency for award purposes and to fix the Awarded Contract Price 37 amount and the amount of the contract bond. 38

1-03.3 Execution of Contract 40 (February 17, 2026 APWA GSP, Option A) 41 Revise this section to read: 43

Copies of the Contract Provisions, including the unsigned Form of Contract, will be available 45 for signature by the successful bidder on the first business day following award. The number 46 of copies to be executed by the Contractor will be determined by the Contracting Agency. 47 Within *** 10 *** calendar days after the award date, the successful Bidder shall return the 49 signed Contracting Agency-prepared Contract, an insurance certification as required by 50

SPECIAL PROVISIONS

Section 1-07.18, a satisfactory bond as required by law and Section 1-03.4, the Transfer of 1 Coverage form for the Construction Stormwater General Permit with sections I, III, and VIII 2 completed when provided. Before execution of the Contract by the Contracting Agency, the 3 successful Bidder shall provide, if required, any of the following: pre-Award information 4 required by the Contracting Agency as listed under Section 1-02.15, proof of licensure for 5 electrical, HVAC, or plumbing subcontractors. If the Prime Contractor lists themselves as 6 performing electrical, HVAC, or plumbing they are required to submit proof of licensure prior 7 to execution. 8 Until the Contracting Agency executes a Contract, no Proposal shall bind the Contracting 10 Agency nor shall any Work begin within the project limits or within Contracting Agency-11 furnished sites. The Contractor shall bear all risks for any Work begun outside such areas 12 and for any materials ordered before the Contract is executed by the Contracting Agency. 13 If the Bidder experiences circumstances beyond their control that prevents return of the 15 Contract documents within the calendar days after the Award date stated above, the 16 Contracting Agency may grant up to a maximum of *** 10 *** additional calendar days for 17 return of the documents, provided the Contracting Agency deems the circumstances warrant 18

it. 19

(April 22, 2024 COK GSP) 21 This section is supplemented with the following: 22

Before Awarding a Contract, the Contractor Agency requires the apparent lowest responsible 24 Bidder to obtain, and furnish a copy of, a business license to do business in the city or county 25 where the work is located. 26

1-03.4 Contract Bond 28 (*****) 29 Revise the first paragraph to read: 30

The successful bidder shall provide executed payment and performance bond(s) for the full 31 contract amount. Separate payment and performance bonds are required and each shall 32 be for the full contract amount. The bond(s) shall: 33

1. Be on Contracting Agency-furnished form(s); 34

2. Be signed by an approved surety (or sureties) that: 35

a. Is registered with the Washington State Insurance Commissioner, and 36

b. Be listed as an active company under the “Surety” coverage type within the 37 database published by the Office of the Insurance Commissioner at 38 https://fortress.wa.gov/oic/consumertoolkit/Search.aspx., and 39

c. Have an A.M. best rating of A:VII or better. 40

3. Guarantee that the Contractor will perform and comply with all obligations, duties, and 41 conditions under the Contract, including but not limited to the duty and obligation to 42 indemnify, defend, and protect the Contracting Agency against all losses and claims 43 related directly or indirectly from any failure: 44

a. Of the Contractor (or any of the employees, subcontractors, or lower tier 45 subcontractors of the Contractor) to faithfully perform and comply with all contract 46 obligations, conditions, and duties, or 47 https://fortress.wa.gov/oic/consumertoolkit/Search.aspx

SPECIAL PROVISIONS

b. Of the Contractor (or the subcontractors or lower tier subcontractors of the 1

Contractor) to pay all laborers, mechanics, subcontractors, lower tier 2 subcontractors, material person, or any other person who provides supplies or 3 provisions for carrying out the work; 4

4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the 5 project under RCW titles 47, 50, 51, and 82; and 6

5. Be accompanied by a power of attorney for the Surety’s officer empowered to sign the 7 bond; and 8

6. Be signed by an officer of the Contractor empowered to sign official statements (sole 9 proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed by 10 the president or vice president, unless accompanied by written proof of the authority 11 of the individual signing the bond(s) to bind the corporation (i.e., corporate resolution, 12 power of attorney, or a letter to such effect signed by the president or vice president). 13

1-03.7 Judicial Review 15 (December 30, 2022 APWA GSP) 16 Revise this section to read: 18

All decisions made by the Contracting Agency regarding the Award and execution of the 20 Contract or Bid rejection shall be conclusive subject to the scope of judicial review permitted 21 under Washington Law. Such review, if any, shall be timely filed in the Superior Court of the 22 county where the Contracting Agency headquarters is located, provided that where an action 23 is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. 24

1-04 SCOPE OF THE WORK 26

1-04.1 Intent of the Contract 28 (*****) 29 Section 1-04.1 is supplemented with the following: 31

All materials, tools, labor, and guarantees thereof required to complete the work shall be 32 furnished and supplied in accordance with the Plans, these Special Provisions, the 33 Standard Specifications, the Contracting Agency’s Standard Plans or Details. The 34 Contractor shall include all costs of doing this work within the contract bid item prices. 35

1-04.2 Coordination of Contract Documents, Plans, Special Provisions, 37

Specifications, and Addenda 38 (December 30, 2022 APWA GSP) 40 Revise the second paragraph to read: 42

Any inconsistency in the parts of the contract shall be resolved by following this order of 44 precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 45

1. Addenda, 46

2. Proposal Form, 47

SPECIAL PROVISIONS

3. Special Provisions, 1

4. Contract Plans, 2

5. Standard Specifications, 3

6. Contracting Agency’s Standard Plans or Details (if any), and 4

7. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. 5

1-04.4 Changes 7 (January 19, 2022 APWA GSP) 9 The first two sentences of the last paragraph of Section 1-04.4 are deleted. 11 1-04.4(1) Minor Changes 13 (May 30, 2019 APWA GSP) 14 Delete the first paragraph and replace it with the following: 16

Payments or credits for changes amounting to $25,000 or less may be made under the Bid 18 item “Minor Change”. At the discretion of the Contracting Agency, this procedure for Minor 19 Changes may be used in lieu of the more formal procedure as outlined in Section 1-04.4, 20 Changes. All “Minor Change” work will be within the scope of the Contract Work and will not 21 change Contract Time. 22

1-04.8 Progress Estimates and Payments 24 (April 1, 2026 COK GSP) 25 This Section is supplemented with the following: 27

Progress estimates shall be signed by the Contractor and Contracting Agency 29 Representative to be considered approved and properly completed in accordance with 30 RCW 39.76.011. Progress payments shall be for work completed in the previous month. 31 Estimating ahead will not be allowed. The Contracting Agency will normally submit draft 32 progress estimates for the Contractor’s review and approval within 14 calendar days from 33 the end of the previous month. Should the Contractor fail to sign a progress estimate 34 within 7 calendar days after receipt from the Contracting Agency, the Contracting Agency 35 may unilaterally process a progress payment based on the amount shown on the draft 36 progress estimate. 37

1-04.11 Final Cleanup 39 Section 1-04.11 is deleted in its entirety and replaced with the following: 41 (*****) 43

From time to time or as may be ordered by the Engineer, the Contractor shall cleanup and 45 remove debris, refuse, and discarded materials of any kind resulting from the Work. 46 Failure to do so may result in cleanup done by the Owner and the cost deducted from the 47 Contractor’s progress estimate. The Contracting Agency will provide the Contractor with 48 ten (10) business days’ notice to complete the Work. 49

SPECIAL PROVISIONS

The Contractor shall perform final cleanup as provided in this Section. The Engineer 1 will not establish the Physical Completion Date until this is done. All public and private 2 property the Contractor occupied to do the Work, including but not limited to the street 3 Right of Way, material sites, borrow and waste sites, and construction staging area 4 shall be left neat and presentable. Immediately after completion of the Work, the 5 Contractor shall cleanup and remove all refuse and unused materials of any kind 6 resulting from the Work. Failure to do the final cleanup may result in the final cleanup 7 being done by the Contracting Agency and the cost deducted from the Contractor’s final 8 progress estimate. The Contracting Agency will provide the Contractor with ten (10) 9 business days’ notice to complete the Work. 10 The Contractor shall: 12

1. Remove all rubbish, surplus materials, discarded materials, falsework, piling, camp 13 buildings, temporary structures, equipment, and debris; 14

2. Remove from the Project, all unneeded, oversized rock left from grading, surfacing, 15 or paving unless the Contract specifies otherwise or the Engineer approves 16 otherwise; 17

3. On all concrete and asphalt pavement work, flush the pavement clean and remove 18 the wash water and debris; 19

4. Sweet and flush structure decks and remove wash water and debris; 20

5. Clean out from all open culverts and drains, inlets, catch basins, manholes and 21 water main valve chambers, within the limits of the Project Site, all dirt and debris of 22 any kind that is the result of the Contractor’s operations; 23

6. Level and fine grade all excavated material not used for backfill where the Contract 24 requires; 25

7. Fine grade all slopes; 26

8. Upon completion of grading and cleanup operations at any privately-owned site for 27 which a written agreement between the Contractor and property owner is required, 28 the Contractor shall obtain and furnish to the Engineer a written release from all 29 damages, duly executed by the property owner, stating that the restoration of the 30 property has been satisfactorily accomplished. 31

All costs associated with cleanup shall be incidental to the Work and shall be included in 33 the various Bid items in the Bid, and shall be at no additional cost to the Contracting 34 Agency. 35

1-04.12 Water, Electrical Power, Telecommunications, and Sanitary Sewer 36

Requirements 37

(January 27, 2021 COK GSP) 38 Add new Section 1-04.12. 40 Except where specifically indicated otherwise in the Contract Documents, the Contractor shall 42 make all necessary arrangements and bear all costs as incidental to the Contract for permits, 43 temporary hook-ups, and decommissioning of temporary services for all water, electrical 44 power, telecommunications, and/or sanitary sewer services necessary for performance of the 45 Work. 46

SPECIAL PROVISIONS

1-05 CONTROL OF WORK 2

1-05.1 Authority of the Engineer 3

(January 27, 2021 COK GSP) 4 Section 1-05.1 is supplemented with the following: 5

When directed by the Engineer for purposes such as (but not limited to) maintaining 6 unrestricted public access and use outside the Work area, maintaining an appropriate 7 construction site appearance, and/or allowing full access to the Work by the Engineer or other 8 City personnel, the Contractor shall cleanup and remove debris, refuse, and discarded 9 materials of any kind resulting from the Work to meet those purposes. These activities shall 10 be incidental to the bid items associated with the Work that generated the debris, refuse, and 11 discarded materials. Failure to do so may result in cleanup done by the Owner and the cost 12 thereof deducting from the next Progress Payment. 13

1-05.4 Conformity With and Deviations From Plans and Stakes 14 (January 1, 2020 COK GSP) 16 Section 1-05.4 is supplemented with the following: 17

Unless otherwise identified on Plans or in the Special Provisions, Unit Bid prices shall cover 18 all costs for all surveying labor, equipment, materials, and supervision required to perform 19 the Work. This shall include any resurveying, checking, correction of errors, replacement of 20 missing or damaged stakes, and coordination efforts. 21

(January 13, 2021 WSDOT GSP) 23

Contractor Surveying - Roadway 24 The Contracting Agency has provided primary survey control in the Plans. 25 The Contractor shall be responsible for setting, maintaining, and resetting all alignment 27 stakes, slope stakes, and grades necessary for the construction of the roadbed, drainage, 28 surfacing, paving, channelization and pavement marking, illumination and signals, guardrails 29 and barriers, and signing. Except for the survey control data to be furnished by the 30 Contracting Agency, calculations, surveying, and measuring required for setting and 31 maintaining the necessary lines and grades shall be the Contractor's responsibility. 32 The Contractor shall inform the Engineer when monuments are discovered that were not 34 identified in the Plans and construction activity may disturb or damage the monuments. All 35 monuments noted on the plans “DO NOT DISTURB” shall be protected throughout the length 36 of the project or be replaced at the Contractors expense. 37 Detailed survey records shall be maintained, including a description of the work performed 39 on each shift, the methods utilized, and the control points used. The record shall be adequate 40 to allow the survey to be reproduced. A copy of each day's record shall be provided to the 41 Engineer within three working days after the end of the shift. 42

SPECIAL PROVISIONS

The meaning of words and terms used in this provision shall be as listed in "Definitions of 1 Surveying and Associated Terms" current edition, published by the American Congress on 2 Surveying and Mapping and the American Society of Civil Engineers. 3 The survey work shall include but not be limited to the following: 5

1. Verify the primary horizontal and vertical control furnished by the Contracting 7 Agency, and expand into secondary control by adding stakes and hubs as well as 8 additional survey control needed for the project. Provide descriptions of secondary 9 control to the Contracting Agency. The description shall include coordinates and 10 elevations of all secondary control points. 11

2. Establish, the centerlines of all alignments, by placing hubs, stakes, or marks on 13 centerline or on offsets to centerline at all curve points (PCs, PTs, and PIs) and at 14 points on the alignments spaced no further than 50 feet. 15

3. Establish clearing limits, placing stakes at all angle points and at intermediate points 17 not more than 50 feet apart. The clearing and grubbing limits shall be 5 feet beyond 18 the toe of a fill and 10 feet beyond the top of a cut unless otherwise shown in the 19 Plans. 20

4. Establish grading limits, placing slope stakes at centerline increments not more than 22

50 feet apart. Establish offset reference to all slope stakes. If Global Positioning 23 Satellite (GPS) Machine Controls are used to provide grade control, then slope 24 stakes may be omitted at the discretion of the Contractor 25

5. Establish the horizontal and vertical location of all drainage features, placing offset 27 stakes to all drainage structures and to pipes at a horizontal interval not greater 28 than 25 feet. 29

6. Establish roadbed and surfacing elevations by placing stakes at the top of subgrade 31 and at the top of each course of surfacing. Subgrade and surfacing stakes shall be 32 set at horizontal intervals not greater than 50 feet in tangent sections, 25 feet in 33 curve sections with a radius less than 300 feet, and at 10-foot intervals in 34 intersection radii with a radius less than 10 feet. Transversely, stakes shall be 35 placed at all locations where the roadway slope changes and at additional points 36 such that the transverse spacing of stakes is not more than 12 feet. If GPS Machine 37 Controls are used to provide grade control, then roadbed and surfacing stakes may 38 be omitted at the discretion of the Contractor. 39

7. Establish intermediate elevation benchmarks as needed to check work throughout 41 the project. 42

8. Provide references for paving pins at 25-foot intervals or provide simultaneous 44 surveying to establish location and elevation of paving pins as they are being 45 placed. 46

9. For all other types of construction included in this provision, (including but not limited 48 to channelization and pavement marking, illumination and signals, guardrails and 49 barriers, and signing) provide staking and layout as necessary to adequately locate, 50 construct, and check the specific construction activity. 51

SPECIAL PROVISIONS

10. Contractor shall determine if changes are needed to the profiles or roadway 2 sections shown in the Contract Plans in order to achieve proper smoothness and 3 drainage where matching into existing features, such as a smooth transition from 4 new pavement to existing pavement. The Contractor shall submit these changes to 5 the Engineer for review and approval 10 days prior to the beginning of work. 6

The Contractor…