SCR4016 R Tow Truck.docx

Request for Quote and Qualifications (RFQQ) SCR401665R SCR401665R Class C Tow Truck and Operator for Snoqualmie Pass Winter Operations The Washington State Department of Transportation (WSDOT), issues this Invitation to Bid (RFQQ) under the authority of the Revised Code of Washington (RCW) 39.26. WSDOT reserves the right to modify dates and times. Any changes will be sent electronically as amendments to all users of Washington’s Electronic Business Solution (WEBS) who downloaded this RFQQ.

Posting Date………………………….10/21/2025

Bids are due November 7th, 2025 at 2:00 pm

Deliver bids to Email: david.masengale@wsdot.wa.gov

IMPORTANT: Bids must be delivered via Email to david.masengale@wsdot.wa.gov and should have the following information enclosed:

· RFQ Number

· Bid Due Date and Time

· Procurement Coordinator’s Name

· Bidder’s Company Name & Address Required bid submittals shall be attached to the email as PDF, Microsoft Word, or Microsoft Excel format.

The Procurement Coordinator is the SOLE POINT OF CONTACT for this solicitation. All communication between suppliers and WSDOT shall be with the Procurement Coordinator only.

SUMMARY OF OPPORTUNITY

Purpose of the RFQQ The Washington State Department of Transportation (WSDOT), in collaboration with the Washington State Patrol (WSP), is launching a pilot program to enhance winter response capabilities on Snoqualmie Pass. We are seeking a Registered Tow Truck Operator (RTTO) with a certified Class C tow truck unit to be available for rapid deployment during forecasted winter weather events.

Program Goals The primary objective is to maintain clear travel lanes on Interstate 90 over Snoqualmie Pass by quickly removing spun-out or collided commercial vehicles (up to 105,000 pounds). The Class C tow truck and operator will remain staged near the summit and respond to incidents as directed by WSDOT or WSP.

Scope of Contractor Services The qualified vendor will provide Class C tow truck services to support WSDOT’s winter operations on Snoqualmie Pass. When notified 12–24 hours in advance of a forecasted weather event, the contractor must deploy a qualified Class C tow truck and operator to a designated staging area. The unit must remain on Snoqualmie Pass and be available for up to 24 hours, unless otherwise directed by WSDOT, to support roadway clearance during winter weather events. Successful bidders shall provide pricing in adherence to the price sheet in (Appendix D) for the following line items: hourly rate should be based on 12 hour minimum (however if the event is downgraded after mobilization, WSDOT reserves the right to release the tow truck and operator following a minimum four (4) hour deployment period.)

Contract Effective Dates This Competitive Solicitation will result in a 2-year seasonal Contract and will be available for use by all eligible WSDOT Purchasers December 1, 2025 - April 15, 2027, seasonally, December 1, 2025 – April 15, 2026, and November 1, 2026 – April 15, 2027.

Acceptance of Terms Acceptance of a state contract/Purchase Order by a Bidder/Supplier for any services purchased pursuant to this bid/contract constitutes acceptance of, and agreement with, all of the general and specific provisions, requirements, stipulations and specification(s) described in this bid/contract.

Hours of Operation and Contact Reliable, 24/7 communication is required for the duration of the contract, including nights, weekends, and holidays. Bidders must provide valid and monitored email addresses and phone numbers to ensure round-the-clock coordination and dispatch.

Prevailing Wage and Statewide Vendor Payment Registration This contract is subject to Washington State prevailing wage requirements. Bidders’ quotes shall be inclusive of all applicable prevailing wages and Bidders shall have completed all Washington State Department of Labor & Industries (L&I) requirements for performing prevailing wage work. Bids from Bidders not in good standing with L&I for the completion of prevailing wage work may be rejected as non-responsive. More information can be found in section 6.7 of this solicitation and at this website:

https://lni.wa.gov/licensing-permits/public-works-projects/contractors-employers/contractor-portal

All companies doing business with WSDOT are required to register with the Washington State Office of Financial Management (OFM) as a statewide payee. If the successful bidder has not yet received a statewide vendor number (SWV), they must demonstrate that they have started the application process prior to contract award and receive confirmation from OFM that their application has been accepted prior to the start of contract performance. More information can be found here:

https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services Permitting Should the need for a permit arise, WSDOT anticipates handling application and filing duties for the required permit(s). Should it make more logistical sense for the Contractor to handle filing or application duties for a required permit, WSDOT reserves the right to allow a permitting line item for specific work upon mutual written agreement with the Contractor to accommodate that logistical need and allow the Contractor to recover costs associated with obtaining the requisite permit.

SPECIAL TERMS AND CONDITIONS

After the contract award, the Procurement Coordinator of this RFQQ will become the WSDOT Contract Administrator for the resulting contract. WSDOT SCR Area 1 will utilize this contract. Should a Contractor be uncertain about a request received from WSDOT, they will contact the WSDOT Contract Administrator immediately for clarification. For the purposes of this contract, the WSDOT employee supervising specific work will be considered the Contract Manager for that work. The WSDOT SCR Area 1 office requesting the work shall have sole authority to grant or confirm completion of work performed under this contract. The Contract Administrator will conduct amendments, clarify terms and conditions, and if necessary, mediate disputes and implement corrective action(s).

Scope of Work The successful bidder(s) (hereafter referred to as the Contractor[s]) shall provide all necessary labor, equipment, and materials to perform Class C tow truck services in support of WSDOT’s winter operations on Snoqualmie Pass. Services must be delivered in accordance with this scope of work, applicable requirements of the Manual on Uniform Traffic Control Devices (MUTCD), and relevant sections of the current WSDOT Standard Specifications (M 41-10). In the event of any conflict between the Standard Specifications and this solicitation, the terms of this solicitation (RFQQ) shall take precedence.

Purpose and Critical Role

This contract supports essential winter traffic management and emergency response along I-90 through Snoqualmie Pass. Tow service providers will play a critical role in ensuring traffic flow and public safety by rapidly clearing disabled, stalled, spun-out, or wrecked commercial vehicles (up to 105,000 pounds) from the travel lanes during winter weather events. This work is vital to prevent traffic backups and reduce the risk of secondary collisions in severe weather conditions. Under the WSDOT program, the Washington State Department of Transportation (WSDOT) compensates participating tow companies at an established hourly rate to rapidly clear commercial vehicles from Snoqualmie Pass to maintain open and safe travel lanes. Tow companies enrolled in this program are not permitted to charge the vehicle owner for services rendered under this agreement.

Deployment Requirements

Contractors must be available for deployment 24 hours per day, 7 days per week, including nights, weekends, and all state-recognized holidays.

Upon receiving 12 to 24 hours’ notice from WSDOT, the Contractor shall deploy one (1) qualified Class C tow truck and a trained operator to a WSDOT-designated staging area on Snoqualmie Pass. The deployed tow unit shall remain on-site and fully operational for a period of 12 to 24 hours, unless otherwise directed by WSDOT.

In the event that the incident or activation is downgraded after mobilization, WSDOT reserves the right to release the tow truck and operator following a minimum four (4) hour deployment period. Compensation will be provided for a minimum of four (4) hours in accordance with contract terms, plus the applicable mobilization rate.

Contractors must remain responsive to WSDOT direction and maintain operational readiness throughout the designated deployment period or until officially released.

During deployment, the tow unit will respond promptly to incidents, clear disabled or obstructing commercial vehicles from travel lanes and shoulders to a designated clearance or recovery zone, and return to the staging location. The Washington State Patrol (WSP) will continue to request rotational tows for vehicles requiring transport off-site. Equipment must remain stationed and ready for use on Snoqualmie Pass throughout the activation period, with locations subject to WSDOT and/or WSP approval.

Coordination and communication Tow operators are expected to work in close coordination with WSDOT and WSP, including during road closures, avalanche control operations, traction enforcement, and incident management. Contractors must maintain 24/7 communication availability and provide reliable contact information (phone and email) for use by WSDOT at any time during the winter season.

Equipment Standards All Class C tow trucks used under this contract must:

• Be in good working condition and winter-ready

• Be equipped with chains, traction tires, and winches suitable for snow and ice

• Meet all WSP Rotational Tow Truck Operator (RTTO) program standards. Tow & Wrecking - Washington State Patrol

• Be supported by current photos, service records, WSP certifications, and vehicle identification numbers The Contractor must ensure all personnel and equipment comply with applicable safety standards, licensing requirements, and operational readiness at all times during activation. Contractor must also provide any specialized tools necessary for the safe operation and field maintenance of the equipment.

Operator Requirements Operators assigned to this contract must:

• Be approved by WSDOT and qualified to operate Class C equipment

• Provide contact information and copies of all required licenses and certifications

• Be trained in MUTCD-compliant temporary traffic control procedures

• Wear high-visibility apparel and follow all required safety protocols MUTCD Compliance All towing operations must follow the Manual on Uniform Traffic Control Devices (MUTCD) | Manuals | WSDOT guidelines. This includes the appropriate deployment and positioning of traffic control devices such as cones, signage, lights, and arrow boards. Key MUTCD sections relevant to this work include:

• Sections 6C.01–6C.03: Emergency traffic control and incident management

• Sections 6F.01–6F.71: Use of signs, cones, and lighting for temporary traffic control

• Worker Safety Provisions: Requirements for high-visibility clothing and safe work practices Proper implementation of MUTCD standards ensures safety for both tow operators and the traveling public. WSDOT will provide support as needed, which may include assistance with traffic control setup, deployment of crash attenuators, and use of arrow boards to ensure the safety of both responders and the traveling public. Contractor must coordinate closely with WSDOT and/or the Washington State Patrol (WSP) to ensure that traffic control measures are implemented effectively and promptly during incident response operations.

1.1 Staging Area Requirements

The WSDOT South Central Region (SCR) and WSP reserve the right to designate and approve all staging area locations. If a Contractor proposes an alternate staging location, it must be submitted to WSDOT for review and approval prior to use.

Supervision of Employees The Contractor shall perform all work under this contract using its own employees carried on payroll. Any sub-contractor work must be pre-approved by WSDOT, and applicable prevailing wage rules shall be followed. The Contractor shall have a designated supervisor available who will have the authority to represent the Contractor when dealing with the Contract Manager.

Service Summaries and Inspections WSDOT reserves the right to request the Contractor provide regular written summaries of work performed.

WSDOT reserves the right to require a joint walkthrough inspection after any day of work performance. This may occur at the end of the workday or the following business day, as decided by WSDOT. The Field Supervisor shall be required to attend and to walk with the Contract Manager or designee through the work performed.

All work under this contract shall follow the scope outlined in this document and the current WSDOT Standard Specifications (M 41-10), as applicable. In the event of a dispute or interpretation issue not addressed by this scope, the Standard Specifications will serve as the basis for resolution. However, in case of conflict, this RFQQ shall override.

In the event that a resolution cannot be achieved, WSDOT reserves the right to issue a Notice to Cure. The Contractor shall have, at a minimum, 30 business days from the issue of the Notice to Cure to take corrective action. After these 30 days, WSDOT reserves sole right to determine if the Contractor has taken adequate corrective action and may immediately terminate the contract at that time.

Determination of physical completion of any work under this contract will be made jointly by WSDOT and Washington State Patrol (WSP), based on the resolution of the incident, return of equipment to staging, or completion of the assigned operational period.

Communication Procedures For multiple phase work, the Project Manager shall be prepared to provide weekly updates in writing via email to the Contract Manager. The Contract Manager will communicate requests or issues to the Project Manager or Field Supervisor in writing, via email. The Project Manager shall respond in writing within 24 business hours of the Contract Manager’s communication being sent, and the Project Manager shall address these issues in a timely manner. If the Contract Manager feels that the issues were not adequately addressed, they will issue a notice via email to both the Project Manager and the Field Supervisor. If the issue is not resolved after that, the Contract Manager will relay the issues and relevant communications to the Contract Administrator. The Contract Administrator will seek to resolve the dispute, either by requesting further communication, calling a formal meeting between the Contractor and WSDOT, or issuing a Notice to Cure.

The Contract Administrator shall be engaged in any dispute over the scope of work or terms and conditions of this solicitation and the resulting contract.

Background Checks and Access Restrictions WSDOT reserves the right to require that the Contractor provide Washington State Patrol (WSP) background checks for each employee performing work on WSDOT facilities or right-of-way.

If required by WSDOT, the Contractor shall submit in writing to the Contract Manager the names and background checks of any employees who have not previously been approved for work at WSDOT facilities at least two business days prior to the date of performance. Background check fees shall be the Contractor’s responsibility.

Minors, dependents, non-employee guests, and pets shall be prohibited from accompanying any Contractor employee to WSDOT facilities or right of way while work is being performed.

Facility Access The Contractor shall adhere to the policies laid out by the Contract Manager for access to WSDOT facilities, including but not limited to, parking, building access, and restroom access. Policies may vary from facility to facility.

If WSDOT keys or badges are entrusted to the Contractor, the Contractor shall not obtain duplicates of keys for any WSDOT facility unless approved by the Contract Manager. Lost keys or badges shall be reported to the Contract Manager within 24 business hours. Any keys or badges must be returned to WSDOT upon final termination of this contract.

Safety and Site Safety Plans The Contractor shall be prepared to submit a specific site plan to the Contract Manager for approval prior to commencement of on-site activities. Site plans shall conform to all state and local guidelines. WSDOT reserves the right to mandate changes to the plan. Requested site plans must be approved by WSDOT prior to commencement of work.

All work under this contract will conform to ANSI Z133 Arboricultural Safety Standards. Should those standards conflict with any WSDOT policies and procedures, the more restrictive of the two shall prevail. If Z133 standards around traffic control conflict with WSDOT policies, WSDOT will determine the precedence of the standards in question.

Encampments and Biohazards WSDOT will clear any encampments and/or biohazardous material from the locations prior to the Contractor commencing work. Should the Contractor encounter any encampment activity at the locations, or any biohazardous material that impedes work under this contract, the Contractor shall immediately notify WSDOT of the discovery. The Contractor shall not be responsible for any cleanup activity related to those issues.

Definitions For the purposes of this RFQQ and the resulting contract, the following definitions will apply:

· Contract Administrator: The WSDOT Procurement Coordinator of this RFQQ will become the Contract Administrator after award. The Contract Administrator will aid the delivery of the contract upon request from either the WSDOT Contract Manager or the Contractor. The primary functions of the Contract Administrator will be clarifying terms and conditions of the contract and dispute mediation.

· Contract Manager: The Contract Manager is the WSDOT employee in charge of overseeing Contractor performance for specific requested work and will oversee scheduling, technical issues, and have sole authority to grant completion to the work performed under the contract.

· Field Supervisor: The Field Supervisor is the contractor employee familiar with contract requirements who supervises the work and other contractor employees and is physically onsite whenever there is a Contractor presence on WSDOT property.

· Mobilization: All costs associated with preparation and closeout of work for a single project. Cost is lump sum and inclusive off all activities included in the project starting from the notice to proceed through project completion.

· Owner: In this solicitation, its appendices, any amendments, and any resulting contract, the term “Owner” refers to WSDOT.

· Physical Completion: When 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. Physical Completion for work under this contract is determined by the Contract Manager.

· Pricing Table: WSDOT’s price list for this contract established by Bidder/Contractor Price Worksheets (Appendix D).

· Project Manager: The Project Manager shall be the single point-of-contact appointed by the Contractor to oversee all aspects of contract performance and to communicate with the WSDOT Contract Manager.

· Vendor, Contractor, and Successful Bidder: The terms “vendor,” “contractor,” and “successful bidder” are interchangeable

RFQQ OVERVIEW

Announcement and Special Information The RFQQ, its appendices, attachments, amendments and any incorporated documents will comprise the entire RFQQ which will become the resulting contract between WSDOT and the awarded contractor when it is countersigned by WSDOT.

By responding to this RFQQ, a bidder acknowledges having read and understood the entire RFQQ and accepts all information contained within the RFQQ without modification.

NOTE: The Standard Contract Terms and Conditions (Appendix A), which is an appendix to this RFQQ, contains general provisions and terms for solicitations issued by WSDOT. Should a term within the Standard Contract Terms and Conditions conflict with a term elsewhere in the RFQQ, the latter will prevail.

Complaint, Debrief, and Protest Bidders wishing to express a concern or objection with the solicitation or solicitation process in the form of a complaint must do so at least five business days prior to the deadline for bid submission. After the announcement of the apparent successful bidder (ASB), any Bidder may request a debrief within three business days of the announcement of ASB. Failure to follow the Complaint, Debrief, and Protest Procedure may be seen as a waiver on the part of the Bidder and prevent the complaint, debrief request, or protest from being honored and exercised. The Debrief meeting will take place shortly following the Debrief request with no consideration for lengthy delays. WSDOT will not allow the Debrief meeting to be used as a delaying tactic.

See also Appendix B: Complaint, Debrief and Protest Procedures in the Appendices section below.

Washington’s Electronic Business Solution (WEBS) Bidders are solely responsible for:

· Properly registering with Washington’s Electronic Business Solution (WEBS) at https://fortress.wa.gov/ga/webs/, and maintaining an accurate Vendor profile in WEBS.

· Downloading the RFQQ packet consisting of the RFQQ, all appendices, and incorporated documents related to the RFQQ for which you are interested in bidding.

· Downloading all current and subsequent amendments to the RFQQ to ensure receipt of all RFQQ documents.

Notification of amendments to the RFQQ will only be provided to those vendors who have registered with WEBS and have downloaded the RFQQ from WEBS. Failure to do so may result in a bidder having incomplete, inaccurate, or otherwise inadequate information and bid.

Amendments Prior to the bid due date and time, WSDOT reserves the right to change portions of this RFQQ. All changes will be issued in writing by WSDOT as an amendment and incorporated into the RFQQ. If there is any conflict between amendments, or between an amendment and the RFQQ, the document issued last in time will be controlling. Only bidders who have properly registered and downloaded the original RFQQ directly via WEBS will receive notification of amendments and other correspondence pertinent to the procurement.

Bidder Communication Responsibilities During the RFQQ process, all bidder communications about this RFQQ must be directed to the Procurement Coordinator. Unauthorized contact regarding this RFQQ with other state employees involved with the RFQQ may result in disqualification. All oral and written communications will be considered unofficial and non-binding on WSDOT. Bidders should rely only on written amendments issued by the Procurement Coordinator.

Bidder Responsiveness Bidders are to respond to each question/requirement contained in this RFQQ. Failure to comply with any applicable item may result in a bid being deemed non-responsive and disqualified.

WSDOT reserves the right to determine the actual level of bidders’ compliance with the requirements specified in this RFQQ and to waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the competitive RFQQ, having no effect or merely a minor or negligible effect on quality, quantity, or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to bidders.

Pricing Bid prices must include all cost components needed for the delivery of the services as described in this RFQQ. Failure to identify all costs in a manner consistent with the instructions in this RFQQ is sufficient grounds for disqualification.

NOTE: Pricing provided on the Price Worksheets is to be rounded to the nearest whole cent.

Non-Endorsement and Publicity In selecting a bidder to supply services specified herein, WSDOT is not endorsing the bidder’s services, nor suggesting they are the best or only solution to their needs.

No Costs or Charges Costs or charges incurred before a contract is fully executed will be the sole responsibility of the bidder.

PREPARATION OF BIDS

Bid Submittals Checklist The following checklist identifies the submittals which will comprise a bid. Any bid received without all of the items identified in this checklist and designated as REQUIRED may be rejected as being non-responsive. Please identify each page of the submittals and any supplemental materials with your company name or other identifiable company mark.

· Bidder’s Authorized Offer (REQUIRED): On or before the bid due date, complete as instructed and return a signed copy of the Bidder’s Authorized Offer (The last page of this RFQQ).

· Price Worksheet (REQUIRED): On or before the bid due date, complete as instructed and return a copy of the Price Worksheet (Appendix D).

· Contractor Certification EO 18-03 (REQUIRED): On or before the bid due date, complete as instructed and return a copy of the Price Worksheet (Appendix D).

· Contractor Certification Wage Theft Preventio(REQUIRED): On or before the bid due date, complete as instructed and return a copy of the Price Worksheet (Appendix D).

· References (REQUIRED): On or before the bid due date, complete as instructed and return a copy of the Reference Worksheet (Appendix E).

· Bidder Certifications and Assurances (REQUIRED): On or before the bid due date, complete as instructed and return a copy of the Bidder Certifications. (Appendix C)

· Insurance Information (REQUIRED): On or before the bid due date Bidder must submit a current insurance document which adheres to the Standard Terms & Conditions (Appendix A) Section A.43.

· RFQQ Amendments (AS INSTRUCTED): If instructed to do so in any amendment to this RFQQ, sign and return a copy. Failure to sign and return any required amendments to this RFQQ may result in a bid being rejected for lack of responsiveness. When in doubt, sign and return a copy of all RFQQ amendments.

Format Bids must be legible and completed in ink or with an electronic printer or other similar office equipment and properly signed by an authorized representative of the bidder with signature authority. All changes and/or erasures must be initialed in ink. Unsigned bids will be rejected on opening unless satisfactory evidence was submitted clearly establishing the bidder’s desire and intent to be bound by the bid, such as a signed cover letter. Incomplete or illegible bids may be rejected.

Multiple Submissions by the Same Bidder Multiple bid submissions by the same bidder are allowed. They should be submitted as separate bids and easily identified (i.e. “Contractor Name” Bid#1, “Contractor Name” Bid#2, etc.). Multiple submissions not clearly identified as such may be rejected as non-responsive.

Due Date and Time Bid packages must be received on or before the due date and time by email as specified on the cover page. It is the responsibility of the supplier to ensure solicitation response is received by the Procurement Coordinator on or before the designated deadline.

If a bid is late or received at a location other than that specified it will be rejected.

Bid Opening After the bid due date and time, the Bid will be opened and processed protecting the confidentiality of the contents. The names of the bidders will be recorded and made available upon request. Bid contents will not be available for public view until after the apparent successful bidder has been announced. (RCW 39.26.030).

EVALUATION AND AWARD

General Provisions

· Bidder responsiveness, responsibility and price factors will be evaluated based on the evaluation process described in this section.

· Contract award will be based on the evaluation and award criteria established herein and will be subject to consideration of all factors identified in RCW 39.26 and other criteria identified in the RFQQ.

· Bidders whose bids are determined to be non-responsive will be rejected and will be notified of the reasons for rejection.

· After bids have been submitted, WSDOT may require individual bidders to appear at a time and place determined by WSDOT to discuss contract requirements. Any such meeting should not be construed as negotiations or an indication of WSDOT’S intention to award.

· WSDOT reserves the right to: (1) Waive any informality; (2) Reject any or all bids, or portions thereof; (3) Accept any portion of the items bid unless the bidder stipulates all or nothing in their bid; (4) Cancel an RFQQ and re-solicit bids; (5) Negotiate with the lowest responsive and responsible bidder to determine if that bid can be improved for the purchaser.

· References: WSDOT reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service, knowledge of service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible. WSDOT reserves the right to waive the reference check.

· The evaluation does not require any particular order so long as the Bidder or Bidders ultimately receiving an award meet all of the evaluation and award criteria.

Determination of Responsiveness Bids will be reviewed on a pass/fail basis to determine compliance with administrative requirements as specified herein.

WSDOT reserves the right to determine at its sole discretion whether a bidder’s response to a minimum RFQQ requirement is sufficient to pass. However, if all bidders fail to meet any single RFQQ requirement, WSDOT may reject all bids and cancel the RFQQ or waive the requirement from the RFQQ’s criteria for responsiveness.

Responsive bids will be further evaluated based on the requirements in this RFQQ.

Determination of Responsibility During evaluation, WSDOT reserves the right to make reasonable inquiry to determine the responsibility of any bidder. Requests may include financial statements, credit ratings, references, record of past performance, clarification of bidder’s offer, on-site inspection of bidder's or subcontractor's facilities, or other information as necessary. Failure to respond to these requests may result in a bid being rejected as non-responsive. WSDOT reserves the right to use itself as a reference.

Price Evaluation Evaluated Prices from responsive Bids will be calculated as follows:

a) The unit prices for each item will be summed together to form a net amount.

b) The net amounts for each line item will be summed together along with any shipping/delivery charge to form a Total Price (pre-tax).

c) The Total Price (pre-tax) will be subjected to any preferences and penalties required by law, rule, or RFQQ.

d) The Total Price (pre-tax) will be used to evaluate the low bid.

e) In the event of a conflict between the Total Price and the Unit Price, the Unit Price will prevail.

Preference for Firms without Mandatory Individual Arbitration for Employees (EO 18-03) Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 1803 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), WSDOT will evaluate bids for best value and provide a bid preference in the amount of 5% to any bidder who certifies, pursuant to Section 11 of Appendix C – Bidder Certifications, that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waiver.

Bidders who do not certify one way or another shall not receive the 5% preference. If all bidders certify that they do not require mandatory individual arbitration for their employees, the preference will not be applied during bid evaluation.

Selection of Apparent Successful Bidder Bids received in response to this RFQQ will be evaluated per the method detailed in section 5.4 of this solicitation.

WSDOT reserves the right to request additional information or perform tests and measurements as part of the evaluation process before award. Failure to provide requested information within 10 days may result in disqualification.

Before award, WSDOT may negotiate with an Apparent Successful Bidder (ASB) to determine if a bid can be improved.

Designation as an ASB does not imply that WSDOT will issue an award to your firm. It merely suggests that at this moment in time, WSDOT believes your bid to be responsive. This designation allows WSDOT to perform a responsibility analysis and ask for additional documentation. WSDOT may also re-examine the bid to determine whether the bid is truly responsive. The bidder must not construe this as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of this notification, it does so at its own risk and expense.

Announcement of Apparent Successful Bidder All Bidders responding to this RFQQ will be notified when WSDOT has determined the Apparent Successful Bidder (ASB).

Award An award, in part or full, is made and a contract formed by signature of WSDOT and awarded bidder on the Bidder’s Authorized Offer page at the end of the RFQQ. In some circumstances, WSDOT may include an award letter which further defines the award and is included by reference to accompany the signature page.

WSDOT reserves the right to award on an all-or-nothing consolidated basis.

Following the award, all bidders will receive a Notice of Award, usually through a WEBS notification.

CONTRACT INFORMATION

Incorporated Documents and Order of Precedence A bid submitted to this RFQQ is an offer to contract with WSDOT.

A bid becomes a contract only when awarded and accepted by signature of WSDOT and bidder on the Bidder’s Authorized Offer and Contract Signature Page.

The documents listed below are, by this reference, incorporated into a contract resulting from this RFQQ as though fully set forth herein. No other statements or representations, written or oral, are a part of the contract.

a) The RFQQ

b) The awarded vendor’s bid

c) All appendices

d) RFQQ amendments (if any)

e) Award letter (if any) In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order:

a) Applicable federal and state of Washington statutes and regulations

b) Mutually agreed written amendments to the resulting contract

c) The contract, including all documents incorporated in the subsection immediately above.

Conflict: To the extent possible, the terms of the contract must be read consistently.

Conformity: If any provision of the contract violates any Federal or state of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law.

Parties This Contract is entered into by and between the Washington State Department of Transportation and the awarded Contractor with the parties more fully described in the Bidder’s Authorized Offer and Contract Signature Page.

Authority to Bind The signatories to this contract represent that they have the authority to bind their respective organizations to this contract.

Counterparts This contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate will be deemed an original copy of this contract signed by each party, for all purposes.

Changes WSDOT reserves the right to modify the resulting contract (including but not limited to adding or deleting products) by mutual agreement between WSDOT and the contractor. Alterations to any of the terms, conditions, or requirements of this contract will only be effective upon written issuance of a mutually-agreed contract amendment by WSDOT. However, changes to point of contact information may be updated without the issuance of a mutually-agreed contract amendment.

Miscellaneous Expenses Expenses related to day-to-day contract performance (including but not limited to, travel, lodging, meals, and incidentals) will not be reimbursed to the contractor. However, WSDOT recognizes that there may be occasions when the purchaser requires the bidder to travel. In such case the purchaser must provide written pre-approval of such expenses on a case-by-case basis. Any such reimbursement will be at rates not to exceed the guidelines for state employees published by the Washington State Office of Financial Management set forth in the Washington State Administrative & Accounting Manual, and not to exceed expenses actually incurred.

6.7 Hours of Labor and Prevailing Wages

In compliance with RCW 49.28, Contractor agrees that no worker, laborer, or mechanic in the employ of the Contractor or subcontractor shall be permitted or required to work more than eight (8) hours in any one calendar day, or forty (40) hours in any one calendar week. In cases of extraordinary emergency such as danger to life or property, the hours of work may be extended but in such cases the rate of pay for time employed in excess of the above shall be at the prevailing overtime rate of pay. Except, contracts will not require the payment of overtime rates for the first two hours worked in excess of eight (8) hours per day when the employer has obtained the employee’s agreement (as defined in WAC 296-127-022) to work a four-day, ten-hour work week.

This contract is subject to prevailing wage requirements (reference RCW 39.12 and WAC 296-127). Wages to be paid workers, laborers or mechanics, pursuant to this contract shall not be less than the prevailing rate of wage in the same trade or occupation in the locality within the state where the labor is performed. By submission of a properly signed and completed bid, bidder agrees to comply with all provisions of these chapters.

L&I Prevailing Wage Category Rates: https://secure.lni.wa.gov/wagelookup/

Solicitation Timeline

Changes to the Solicitation Timeline, if necessary, will be announced via an addendum posted to the Washington Electronic Business Solution (WEBS) website.

Other Information URL’s

Statewide Vendor Number: http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx

Department of Revenue: http://dor.wa.gov/

WAC 458-20: http://apps.leg.wa.gov/WAC/default.aspx?cite=458-20

WAC 458-20-193: http://apps.leg.wa.gov/WAC/default.aspx?cite=458-20-193

WSDOT Standard Specifications (M41-10): https://wsdot.wa.gov/Publications/Manuals/M41-10.htm

APPENDICES

Appendix A: Standard Contract Terms and Conditions

Appendix B: Complaint, Debrief and Protest Procedures

Appendix C: Bidder Certifications (Must be completed by Bidder)

Executive Order 18-03-Workers’ Rights

WAGE THEFT PREVENTION CONTRACTOR CERTIFICATION

Appendix D: Price Worksheet

Appendix E: References

Appendix F: Nondiscrimination Assurance

SCR401665 R

BIDDER’S AUTHORIZED OFFER and CONTRACT SIGNATURE PAGE Solicitation Number: HQ401657R In submitting this bid, the authorized signatory below acknowledges having read and understood the entire RFQQ and amendments incorporated prior to the bid due date, and agrees to comply with its terms and conditions, as written, including the Certifications (Appendix C). The authorized signatory also agrees to fulfill the offer for categories made in this bid and any subsequently awarded contract.

In witness whereof, the parties hereto, having read this contract in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto.

Unless otherwise specified in the RFQQ, this contract is effective as of the date of last signature.

APPROVED (WSDOT)

APPROVED (BIDDER)

Department of Transportation

Washington State Department of Transportation

Bidder’s Company Name & Address

Signature Date

Signature Date

Davi Masengale 10/20/2025

Typed or Printed Name, Title

Typed or Printed Name, Title

David Masengale Procurement Manager

Manager Signature (if applicable) Date

Manager’s Typed or Printed Name, Title

Contact Information

Contact Information

Email:

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Standard%20Terms%20and%20Conditions.docx SCR401665R – Appendix A: Standard Terms and Conditions

Standard Terms and Conditions

Should a term within these Standard Contract Terms and Conditions conflict with a term elsewhere in the RFQQ, the latter will prevail.

A.1 Incorporated Documents and Order of Precedence

A bid submitted to this RFQQ is an offer to contract with WSDOT.

A bid becomes a contract only when awarded and accepted by signature of WSDOT and bidder on the Bidder’s Authorized Offer and Contract Signature Page.

The documents listed below are, by this reference, incorporated into a contract resulting from this RFQQ as though fully set forth herein. No other statements or representations, written or oral, are a part of the contract.

a) The RFQQ

b) The awarded vendor’s bid

c) All appendices

d) RFQQ amendments (if any)

e) Award letter (if any)

In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order:

a) Applicable federal and state of Washington statutes and regulations

b) Mutually agreed written amendments to the resulting contract

c) The contract, including all documents incorporated in the subsection immediately above.

Conflict: To the extent possible, the terms of the contract must be read consistently.

Conformity: If any provision of the contract violates any Federal or state of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law.

A.2 Parties

This Contract is entered into by and between the Washington State Department of Transportation and the awarded Contractor with the parties more fully described in the Bidder’s Authorized Offer and Contract Signature Page.

A.3 Authority to Bind

The signatories to this contract represent that they have the authority to bind their respective organizations to this contract.

A.4 Counterparts

This contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate will be deemed an original copy of this contract signed by each party, for all purposes.

A.5 Changes

WSDOT reserves the right to modify the resulting contract (including but not limited to adding or deleting products) by mutual agreement between WSDOT and the contractor. Alterations to any of the terms, conditions, or requirements (including price, quality, quantity, or other specifications) of this contract will only be effective upon written issuance of a mutually-agreed contract amendment by WSDOT. However, changes to point of contact information may be updated without the issuance of a mutually-agreed contract amendment.

A.6 Right to Cancel

WSDOT reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability.

A.7 Acceptance

This RFQQ and any order resulting from this solicitation expressly limits acceptance to the terms and conditions stated herein. Any terms proposed by Supplier are objected to and hereby rejected, unless otherwise provided for in writing by WSDOT.

A.8 Rejection

All goods or materials purchased herein are subject to written approval by WSDOT. Any rejection of goods or materials resulting because of nonconformity to the terms and specifications of this order, whether held by WSDOT or returned will be at Supplier’s risk and expense.

A.9 Identification

All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the applicable purchase order number. Packing lists shall be included with each shipment pursuant to this order, indicating the contents of each package therein.

A.10 Ordering Requirements

Contractor must ensure that Authorized purchasers can place orders against this contract either in person, electronically, facsimile or by phone. Once an order is issued, the following shall apply:

· Upon receipt of a purchase order the contractor must send written confirmation to the purchaser.

· If requested, the contractor must supply purchaser with manufacturer’s list pricing or other documentation needed to verify contract pricing compliance.

· Contractor must notify purchaser of any surcharges or other price adjustments if applicable and as contract allows.

A.11 Delivery Requirements

a. Delivery:

Contractor must ensure that delivery of goods will be made as required in the contract terms, the Purchase Order, or as otherwise mutually agreed in writing between the purchaser and contractor. The following apply to all deliveries:

· Unless stated otherwise in the RFQQ or written amendment issued by WSDOT, all freight and shipping terms for deliveries resulting from this contract shall be Destination, Freight Prepaid or FOB Destination, Freight Prepaid, depending upon mode of transportation.

· The contractor must deliver the goods during purchaser’s normal work hours and within contract time frames or as otherwise mutually agreed in writing between the purchaser and contractor at the time of order placement.

· The purchaser may refuse shipment when delivered after normal working hours.

· Failure to comply with agreed upon delivery times may subject contractor to liquidated damages and/or other damages.

· The acceptance of late delivery does not constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by contractor.

· The contractor must make all deliveries to the applicable delivery location as indicated in the contract or Purchase Order.

· The contractor is responsible for verifying delivery conditions/requirements with the purchaser prior to the delivery.

· All packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written materials associated with this contract shall be identified by the contract identifier and the applicable purchaser’s order number. Packing lists shall be enclosed with each shipment and clearly identify all contents and any backorders.

· The contractor must not initiate performance prior to receipt of written or verbal authorization from authorized purchasers. Expenses incurred otherwise will be borne solely by the contractor.

b. Site security:

While on purchaser’s premises, contractor, its agents, employees, or Subcontractors shall conform in all respects with physical, fire, or other security regulations.

c. Labeling:

Individual shipping cartons shall be labeled with the name of the purchaser, order number, contract number, contractor, state stock numbers. Where applicable, date of manufacture, batch number, storage requirements, conditions, and recommended shelf life shall also be included.

A.12 Pricing - Include all Cost Components in Pricing

Bidders must identify and include all elements of recurring and non-recurring costs in their pricing. Unless otherwise specified, this must include, but is not limited to, all administrative fees, maintenance, manuals, documentation, shipping charges, labor, travel, training, consultation services, wiring and supplies needed for the installation (including cost of all uncrating, disposal of shipping materials), set-up, testing and initial instruction to agency personnel, warranty work and maintenance of the products/services, handling charges such as packing, wrapping, bags, containers, reels; and any processing fees associated with credit card payment.

Notwithstanding the foregoing, in the event that market conditions, laws, regulations, or other unforeseen factors dictate, at WSDOT’s sole discretion, additional charges may be allowed during the contract term.

A.13 Withdrawal or Modification of Response

Bidders are liable for all errors or omissions contained in their responses.

a. Prior to response due date and time

Modification: Mistakes in bids or proposals detected prior to the due date and time may be corrected by the bidder by withdrawing the original bid or proposal and submitting a corrected bid or proposal to WSDOT before the due date and time. If there is not sufficient time prior to the due date and time to withdraw the original bid or proposal and submit a corrected bid or proposal, the bidder, or an authorized representative, may correct the mistake on the face of the original bid or proposal provided that the corrected bid or proposal is time stamped by WSDOT upon resubmission prior to the due date and time.

Withdrawal: An authorized bidder representative is permitted to withdraw its response before the due date and time by submitting the withdrawal request in writing. Withdrawn responses will be returned unopened to the bidder.

b. After response due date and time

No modification: If bidder mistakes in a bid or proposal are detected after the bid due date and time, they may not be corrected.

Withdrawal: If the bidder submits evidence in writing satisfactory to WSDOT that a mistake has been made by the bidder in the calculation of its bid or proposal, WSDOT may allow the bid or proposal to be withdrawn provided that the claim of mistake and supporting documentation is provided within three business days after the due date and time. Compliance with this section within the specified time limit shall relieve the bidder of forfeiture of its bid guarantee. If WSDOT subsequently reissues the solicitation, the bidder having made the mistake may not participate in that solicitation.

Clarification: WSDOT reserves the right to contact bidder for clarification of response contents.

A.14 Collection of Retail Sales and…