Tucker_Road_Paving_Contract_and_Plans_final.pdf

CONTRACT

PROVISIONS AND PLANS

FOR CONSTRUCTION OF:

FEDERAL AID PROJECT NO. STPR-F212(002)

F.A. Contract No. TA-8602

COUNTY ROAD PROJECT NO. 2213D

August, 2026

Lewis County Public Works 57 W. Main Chehalis, WA 98532-2626

Approved for Construction:

Assistant County Engineer Date Project Engineer

BOARD OF COUNTY COMMISSIONERS

Sean Swope, District No. 1 Lindsey R. Pollock, DVM, District No. 2

Scott J. Brummer, District No. 3

Lewis County Department of Public Works

Engineering Division

8/04/2026

Tucker Road Paving Project Federal Aid Project No. STPR-F212(002) F.A. Contract No. TA-8602

CRP 2213D I

TABLE OF CONTENTS 1

TABLE OF CONTENTS ........................................................................................ I 3

SPECIAL PROVISIONS ........................................................................................ 2 4

1-01, DESCRIPTION OF WORK ............................................................................................ 2 5

1-01.3 Definitions .................................................................................................................... 2 6

1-02.1 Qualifications of Bidder ............................................................................................... 4 7

1-02.6 Preparation of Proposal .............................................................................................. 4 8

1-02.12 Public Opening Of Proposal ....................................................................................... 6 9

1-02.13 Irregular Proposals ................................................................................................... 7 10

1-02.14 Disqualification of Bidders ........................................................................................ 7 11

1-03, AWARD AND EXECUTION OF CONTRACT ............................................................ 8 12

1-03.3 Execution of Contract ................................................................................................... 8 13

1-03.4 Contract Bond ............................................................................................................... 8 14

1-04 SCOPE OF WORK ........................................................................................................... 9 15

1-04.4 Changes ....................................................................................................................... 9 16

1-05, CONTROL OF WORK .................................................................................................... 9 17

1-05.7 Nonconforming Work .................................................................................................... 9 18

1-05.7(1) Identification of Nonconforming Work ............................................................. 10 19

1-05.7(2) Reporting of Nonconforming Work................................................................... 10 20

1-05.7(3) Remediation of Nonconforming Work .............................................................. 10 21

1-05.13 Superintendents, Labor and Equipment of Contractor ............................................ 10 22

1-05.14 Cooperation With Other Contractors ....................................................................... 11 23

1-06, CONTROL OF MATERIAL ......................................................................................... 11 24

1-06.6 Recycled Materials ................................................................................................ 15 25

1-07, LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC .................... 16 26

1-07.1 Laws to be Observed .................................................................................................. 16 27

1-07.2 State Taxes .................................................................................................................. 16 28

1-07.2(1) State Sales Tax — Rule 171 .............................................................................. 17 29

1-07.2(2) State Sales Tax — Rule 170 .............................................................................. 17 30

1-07.2(3) Services .............................................................................................................. 18 31

1-07.5 Environmental Regulations ........................................................................................ 18 32

1-07.6 Permits and Licenses ................................................................................................. 18 33

1-07.8(1) Traffic Control Personnel ................................................................................... 19 34

1-07.9 Wages ......................................................................................................................... 19 35

1-07.9(5) Required Documents ........................................................................................ 19 36

1-07.11 Requirements For Nondiscrimination...................................................................... 19 37

1-07.11(1) Regulatory Authorities ...................................................................................... 34 38

1-07.11(2) Contractual Requirements ................................................................................. 35 39

1-07.12 Federal Agency Inspection ...................................................................................... 35 40

1-07.17 Utilities And Similar Facilities ................................................................................. 35 41

1-07.18 Public Liability and Property Damage Insurance ................................................... 36 42

1-07.18 Insurance.................................................................................................................. 36 43

F.A. Contract No. TA-8602

CRP 2213D II

1-07.18(1) General Requirements ...................................................................................... 36 1

1-07.18(2) Additional Insured ........................................................................................... 37 2

1-07.18(3) Subcontractors.................................................................................................. 37 3

1-07.18(4) Verification of Coverage .................................................................................. 37 4

1-07.18(5) Coverages and Limits ...................................................................................... 38 5

1-08, PROSECUTION AND PROGRESS ......................................................................................... 39 6

1-08.0 Preliminary Matters ................................................................................................... 39 7

1-08.0(1) Preconstruction Conference ............................................................................... 39 8

1-08.0(2) Hours of Work ................................................................................................... 40 9

1-08.1 Subcontracting ............................................................................................................ 40 10

1-08.1(7) Payments to Subcontractors and Lower-Tier Subcontractors ............................. 41 11

1-08.1(9) Submittal of Executed Subcontracts ................................................................... 42 12

1-08.3 Progress Schedule ....................................................................................................... 42 13

1-08.4 Notice to Proceed and Prosecution of Work ............................................................... 42 14

1-08.5 Time for Completion ................................................................................................... 42 15

1-08.9 Liquidated Damages ................................................................................................... 44 16

1-09, MEASUREMENT AND PAYMENT ............................................................................ 44 17

1-09.2(1) General Requirements for Weighing Equipment ................................................ 44 18

1-09.9 Payments ..................................................................................................................... 45 19

1-09.9(1) Retainage............................................................................................................ 46 20

1-09.11 Disputes and Claims ................................................................................................. 46 21

1-09.11(3) Time Limitation and Jurisdiction ..................................................................... 46 22

1-09.13 Claims Resolution ..................................................................................................... 46 23

1-09.13(4) Venue for Litigation ......................................................................................... 47 24

2-04, TEMPORARY TRAFFIC CONTROL ........................................................................ 47 25

2-04.2 Temporary Traffic Control Materials ........................................................................ 47 26

2-04.3(1) Traffic Control Management ............................................................................. 49 27

2-04.4 Measurement .............................................................................................................. 50 28

2-04.4(2) Item Bids With Lump Sum for Incidentals ........................................................ 50 29

2-04.5 Payment...................................................................................................................... 50 30

2-04.5(2) Item Bids With Lump Sum for Incidentals ........................................................ 50 31

5-04, HOT MIX ASPHALT .................................................................................................... 51 32

5-04.1 Description ................................................................................................................ 51 33

5-04.2 Materials ..................................................................................................................... 51 34

5-04.2(1) How to Get a HMA Mix Design on the QPL .................................................... 52 35

5-04.2(2) Mix Design – Obtaining Project Approval ......................................................... 52 36

5-04.3 Construction Requirements ......................................................................................... 53 37

5-04.3(1) Weather Limitations............................................................................................ 53 38

5-04.3(3) Equipment ........................................................................................................... 54 39

5-04.3(4) Preparation of Existing Paved Surfaces .............................................................. 57 40

5-04.3(8) Aggregate Acceptance Prior to Incorporation in HMA ...................................... 58 41

5-04.3(9) HMA Mixture Acceptance .................................................................................. 58 42

5-04.3(10) HMA Compaction Acceptance ...................................................................... 61 43

5-04.3(11) Reject Work ...................................................................................................... 64 44

5-04.3(12) Joints ................................................................................................................. 65 45

5-04.3(13) Surface Smoothness .......................................................................................... 65 46

5-04.3(14) Planing (Milling) Bituminous Pavement .......................................................... 65 47

F.A. Contract No. TA-8602

CRP 2213D III

5-04.5 Payment....................................................................................................................... 69 1

8-23, TEMPORARY PAVEMENT MARKINGS ................................................................ 70 2

8-23.4 Measurement .............................................................................................................. 70 3

8-23.5 Payment...................................................................................................................... 70 4

9-03 AGGREGATES .............................................................................................................. 70 5

9-03.8 Aggregates for Hot Mix Asphalt ................................................................................. 70 6

9-08.8(7) HMA Tolerances, Specification Limits and Adjustments .................................. 70 7

POWER EQUIPMENT ........................................................................................................... 71 8

BOND ........................................................................................................................................ 72 9

APPENDICES .......................................................................................................................... 72 10

APPENDIX A .........................................................................................................83 11

WASHINGTON STATE PREVAILING WAGE RATES ................................................... 83 12

APPENDIX B .........................................................................................................85 13

FEDERAL CONTRACT PROVISIONS ............................................................................... 85 14

APPENDIX C .........................................................................................................87 15

BID PROPOSAL DOCUMENTS ........................................................................................... 87 16

NOTICE TO CONTRACTORS ............................................................................................... 89 17

PROPOSAL - SIGNATURE PAGE ........................................................................................ 96 18

APPENDIX D .......................................................................................................103 19

CONTRACT DOCUMENTS................................................................................................ 103 20

CONTRACT .......................................................................................................................... 105 21

CONTRACT BOND FOR Bond No. ......................................................................... 107 22

POWER EQUIPMENT LIST ................................................................................................ 109 23

APPENDIX E .......................................................................................................111 24

TRAFFIC CONTROL PLANS ............................................................................................ 111 25

CONTRACT PLANS ............................................................................................................ 111 26

F.A. Contract No. TA-8602

CRP 2213D 1

INTRODUCTION TO THE SPECIAL PROVISIONS 2

(July 8, 2024 APWA GSP, Option B) 3

The work on this project shall be accomplished in accordance with the Standard Specifications for 5

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, as 8 modified or supplemented by these Special Provisions, all of which are made a part of the Contract 9

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 a 14 new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the 15

Standard Specifications is meant to pertain only to that particular portion of the section, and in no 16 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) for WSDOT GSPs, only use date 23

(May 1, 2013 Lewis County GSP) Agency Special Provision 24

Project specific special provisions are labeled without a date as such: 26

(*****) 27

Also incorporated into the Contract Documents by reference are: 29

• Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted 30 edition, with Washington State modifications, if any 31

• Standard Plans for Road, Bridge and Municipal Construction, WSDOT Manual M21-01, current 32 edition 33

• $$Construction Manual, WSDOT Manual M 41-01.48, December 2025$$ 34

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

(******) 38

General Special Provisions are similar to Standard Specifications in that they typically apply to many 39 projects, usually in more than one Region. Usually, the only difference from one project to another is 40 the inclusion of variable project data, inserted as a “fill-in”. 41

Project Specific Special Provisions normally appear only in the contract for which they were 43 developed. 44

The following paragraph pertaining to the Standard Specifications shall obtain and be made a part of 46 this contract: 47

Wherever the word “State” or “Contracting Agency” is used it shall mean Lewis County; that 49 wherever the words “Secretary (Secretary of Transportation)” are used they shall mean Lewis 50

County Engineer; that wherever the words “State Treasurer” are used they shall mean Lewis 51

F.A. Contract No. TA-8602

CRP 2213D 2

County Treasurer; that wherever the words “State Auditor” are used they shall mean Lewis 1

County Auditor; that wherever the words “Motor Vehicle Fund” are used they shall mean Lewis 2

County Road Fund. 3

SPECIAL PROVISIONS 4

DIVISION 1 5

GENERAL REQUIREMENTS 7

1-01, DESCRIPTION OF WORK 9

(March 13, 1995) 10

This contract provides for the improvement of *** Tucker Road by pavement repair, planing bituminous 12 pavement, cleaning, sweeping, applying tack coat, paving with reinforced fiber HMA, traffic control, *** 13 and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and 14 the Standard Specifications. 15

1-01.3 Definitions 17

(January 19, 2022 APWA GSP) 18

Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with 20 the following: 21

Dates 23

Bid Opening Date 24

The date on which the Contracting Agency publicly opens and reads the Bids. 25

Award Date 26

The date of the formal decision of the Contracting Agency to accept the lowest responsible 27 and responsive Bidder for the Work. 28

Contract Execution Date 29

The date the Contracting Agency officially binds the Agency to the Contract. 30

Notice to Proceed Date 31

The date stated in the Notice to Proceed on which the Contract time begins. 32

Substantial Completion Date 33

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

Physical Completion of the total Contract. 38

Physical Completion Date 39

The day all of the Work is physically completed on the project. All documentation required by 40 the Contract and required by law does not necessarily need to be furnished by the Contractor 41 by this date. 42

Completion Date 43

The day all the Work specified in the Contract is completed and all the obligations of the 44

Contractor under the contract are fulfilled by the Contractor. All documentation required by 45 the Contract and required by law must be furnished by the Contractor before establishment 46 of this date. 47

F.A. Contract No. TA-8602

CRP 2213D 3

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 Treasurer” 8 shall be revised to read “Contracting Agency”. 9

All references to the terms “State” or “state” shall be revised to read “Contracting Agency” unless 11 the reference is to an administrative agency of the State of Washington, a State statute or 12 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 Contracting 18

Agency form(s) by which final payment is authorized, and final completion and acceptance 19 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 bid. 24

Alternate 26

One of two or more units of work or groups of bid items, identified separately in the Bid Proposal, 27 from which the Contracting Agency may make a choice between different methods or material of 28 construction for performing the same work. 29

Business Day 31

A business day is any day from Monday through Friday except holidays as listed in Section 1-32

08.5. 33

Contract Bond 35

The definition in the Standard Specifications for “Contract Bond” applies to whatever bond 36 form(s) are required by the Contract Documents, which may be a combination of a Payment 37

Bond and a Performance Bond. 38

Contract Documents 40

See definition for “Contract”. 41

Contract Time 43

The period of time established by the terms and conditions of the Contract within which the Work 44 must be physically completed. 45

Notice of Award 47

The written notice from the Contracting Agency to the successful Bidder signifying the 48

Contracting Agency’s acceptance of the Bid Proposal. 49

F.A. Contract No. TA-8602

CRP 2213D 4

Notice to Proceed 1

The written notice from the Contracting Agency or Engineer to the Contractor authorizing and 2 directing the Contractor to proceed with the Work and establishing the date on which the 3

Contract time begins. 4

Traffic 6

Both vehicular and non-vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and 7 equestrian traffic. 8

1-02, BID PROCEDURES AND CONDITIONS 10

1-02.1 Prequalification of Bidders 12

Delete this Section and replace it with the following: 13

1-02.1 Qualifications of Bidder 15

(February 17, 2026 APWA GSP Option B) 16

Before award of a public works contract, a Bidder must meet at least the minimum qualifications 18 of RCW 39.04.350(1)(b-g) to be considered a responsible Bidder and qualified to be awarded a 19 public works project. 20

1-02.2 Plans and Specifications 22

(June 27, 2011 APWA GSP) 23

Delete this section and replace it with the following: 25

Information as to where Bid Documents can be obtained or reviewed can be found in the Call for 27

Bids (Advertisement for Bids) for the work. 28

After award of the contract, plans and specifications will be issued to the Contractor at no cost as 30 detailed below: 31

To Prime Contractor No. of Sets Basis of Distribution

Reduced plans (11" x 17") 2 Furnished automatically upon award.

Contract Provisions

2 Furnished automatically upon award.

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

0 Furnished only upon request.

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

1-02.6 Preparation of Proposal 37

(February 17, 2026 APWA GSP, Option B) 38

Revise the fourth paragraph to read: 40

Subcontractor’s List 42

F.A. Contract No. TA-8602

CRP 2213D 5

The Bidder shall submit with the Bid the completed Subcontractor List included in the 1

Contracting Agency Proposal Package. If a Subcontractor List Form is not included in the 2 package, use DOT Form 271-015LP. The Form shall contain the following: 3

1. Subcontractors who will perform the Work of structural steel installation, rebar 5 installation, heating, ventilation, air conditioning, and plumbing as described in RCW 6

18.106 and electrical as described in RCW 19.28. 7

2. The Work those subcontractors will perform on the Contract as described in RCW 9

39.04.350(1)(b-g), and 10

3. No more than one subcontractor for each category of Work identified, except, when 12 subcontractors vary with Bid alternates, in which case the Bidder shall identify which 13 subcontractor will be used for which alternate. 14

(November 4, 2025) 16

Bidder Questionnaire 17

The Bidder shall submit with their Bid a Bidder Questionnaire form (WSDOT Form #272-022). 18

This shall be filled out for each firm who submitted a bid or quote in attempt to participate in the 19 project whether they were successful or not and include the following information: 20

1. Firm name; 22

2. Firm address including ZIP code; 24

3. Firm’s status as a DBE or non-DBE; 26

4. NAICS code applicable to each scope of work the firm sought to perform in its bid; 28

5. Age of the firm; and 30

6. The annual gross receipts of the firm. The Bidder may obtain this information by asking 32 each firm to indicate into what gross receipts bracket they fit (less than $1 million; $1-3 33 million; $3-6 million; $6-10 million; $10-20 million; $20-30.72 million; or greater than $30.72 34 million) rather than requesting an exact figure from the firm. 35

This form shall be received at the same location and no later than the time required for the 37 delivery of the Proposal. Failure to comply with this requirement will cause this Bid to be 38 considered irregular in accordance with Section 1-02.13. 39

The Contractor may correct errors to items 2 through 6 above on the Bidder Questionnaire form 41 for a period up to 48 hours after bid opening. Bidder Questionnaire forms that are still incorrect 42 after the correction period will be determined irregular. New Firm/Subcontractors may not be 43 added to the form during the correction period. A Bidder Questionnaire form that fails to list a 44

Firm/Subcontractor that appears on a different form will be considered irregular in accordance 45 with Section 1-02.13. 46

1-02.9 Delivery of Proposal 48

(November 21, 2025 APWA GSP, Option D) 49

Delete this section and replace it with the following: 51

GENERAL 53

Each Proposal (including all required attachments) shall be submitted to the Contracting Agency 54

F.A. Contract No. TA-8602

CRP 2213D 6

by one of the following methods: 1

1. Electronically upload bid documents via 3 https://procurement.opengov.com/portal/lewiscountywa. Instructions for uploading bid 4 documents are located https://opengov.my.site.com/support/s/. 5

2. Deliver hard copy Bid documents in a sealed envelope, with the Project Name and 6

Project Number as stated in the Call for Bids clearly marked on the outside of the 7 envelope, or as otherwise required in the Bid Documents, to ensure proper handling and 8 delivery. Deliver to: Clerk of the Board of Lewis County Commissioners (351 N.W. North 9

Street, Room 210, CMS-01, Chehalis, Washington 98532). 10

Proposals that are received as required will be publicly opened and read as specified in Section 12

1-02.12. The Contracting Agency will not open or consider any Bid Proposal that is received after 13 the time specified in the Call for Bids for receipt of Bid Proposals or received in a location other 14 than that specified in the Call for Bids. The Contracting Agency will not open or consider any 15

“Supplemental Information” that is received after the time specified or received in a location other 16 than that specified in the Call for Bids. 17

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 be 21 extended to the same time of day specified in the solicitation on the first workday on which the 22 normal work processes of the Contracting Agency resume. 23

Supplemental bid information submitted after the Proposal submittal but within 48 hours of the 25 time and date the Proposal is due, the document(s) shall be submitted as follows: 26

1. By facsimile to the following FAX number: *** $$4$$ ***, or 28

2. By e-mail to the following e-mail address: pwcontractadmin@lewiscountywa.gov, or 29

3. By (agency provided electronically submitted): pwcontractadmin@lewiscountywa.gov 30

All other information required to be submitted with the Bid Proposal must be submitted with the 32

Bid Proposal itself, at the time stated in the Call for Bids. 33

1-02.12 Public Opening Of Proposal 35

(******) 36

Section 1-02.12 is supplemented with the following: 37

Date and Time of Bid Opening 39

The Board of County Commissioners of Lewis County or designee, will open sealed proposals 40 and publicly read them aloud at or after 12:15 p.m. on Thursday, August 27, 2026, at the 41

Lewis County Courthouse, Chehalis, Washington, for the Tucker Road Paving Project, F. A. 42

Project No. STPR-F212(002), CRP 2213D. 43

SEALED BIDS MUST BE DELIVERED BY OR BEFORE 45

12:15 P.M. on Thursday, August 27, 2026 46

(Bids submitted after 12:15 PM will not be considered for this project.) 47

Delivery and Marking of Sealed Bid Proposals 49

Bids must be submitted electronically through the procurement portal 50 at https://procurement.opengov.com/portal/lewiscountywa or sealed bids must be delivered to 51 the Clerk of the Board of Lewis County Commissioners (351 N.W. North Street, Room 210, 52

CMS-01, Chehalis, Washington 98532), no later than 12:15 pm on Thursday, August 27, 2026 53 and be in accordance with the plans, specifications, and other contract documents available 54

F.A. Contract No. TA-8602

CRP 2213D 7

through the procurement portal. Sealed bids must be in an envelope clearly marked: “SEALED 1

BID FOR THE TUCKER ROAD PAVING PROJECT, F. A. PROJECT NO. STPR-F212(002), 2

CRP 2213D, TO BE OPENED ON OR AFTER 12:15 P.M. ON August 27, 2026. 3

1-02.13 Irregular Proposals 5

(July 15, 2026 APWA GSP) 6

Delete this Section and replace it with the following: 8

1. A Proposal will be considered irregular and will be rejected if: 10

a. The Bidder is not prequalified when so required; 11

b. The Bidder adds provisions reserving the right to reject or accept the Award, or enter into 12 the Contract; 13

c. A price per unit cannot be determined from the Bid Proposal; 14

d. The Proposal form is not properly executed; 15

e. The Bidder fails to submit or properly complete a subcontractor list as required in Section 16

1-02.6; or 17

f. The Bid Proposal does not constitute a definite and unqualified offer to meet the material 18 terms of the Bid invitation. 19

2. A Proposal may be considered irregular and may be rejected if: 21

a. The Proposal does not include a unit price for every Bid item; 22

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

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

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

e. Receipt of Addenda is not acknowledged; 29

f. A member of a joint venture or partnership and the joint venture or partnership submit 30

Proposals for the same project (in such an instance, both Bids may be rejected); 31

g. The Bidder fails to submit the Bidder Questionnaire, if applicable, as required by Section 32

1-02.6, or if the documentation that is submitted fails to meet the requirements of the 33

Special Provisions; or 34

h. If Proposal form entries are not made in ink. 35

1-02.14 Disqualification of Bidders 37

(May 17, 2018 APWA GSP, Option A) 38

Delete this section and replace it with the following: 40

A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder 42 responsibility criteria in RCW 39.04.350(1), as amended. 43

The Contracting Agency will verify that the Bidder meets the mandatory bidder responsibility 45 criteria in RCW 39.04.350(1). To assess bidder responsibility, the Contracting Agency reserves 46 the right to request documentation as needed from the Bidder and third parties concerning the 47

Bidder’s compliance with the mandatory bidder responsibility criteria. 48

If the Contracting Agency determines the Bidder does not meet the mandatory bidder 50 responsibility criteria in RCW 39.04.350(1) and is therefore not a responsible Bidder, the 51

Contracting Agency shall notify the Bidder in writing, with the reasons for its determination. If the 52

Bidder disagrees with this determination, it may appeal the determination within two (2) business 53 days of the Contracting Agency’s determination by presenting its appeal and any additional 54

F.A. Contract No. TA-8602

CRP 2213D 8

information to the Contracting Agency. The Contracting Agency will consider the appeal and any 1 additional information before issuing its final determination. If the final determination affirms that 2 the Bidder is not responsible, the Contracting Agency will not execute a contract with any other 3

Bidder until at least two business days after the Bidder determined to be not responsible has 4 received the Contracting Agency’s final determination. 5

1-03, AWARD AND EXECUTION OF CONTRACT 7

1-03.3 Execution of Contract 9

(February 17, 2026 APWA GSP, Option A) 10

Revise this section to read: 12

Copies of the Contract Provisions, including the unsigned Form of Contract, will be available for 14 signature by the successful bidder on the first business day following award. The number of 15 copies to be executed by the Contractor will be determined by the Contracting Agency. 16

Within *** 3 *** calendar days after the award date, the successful Bidder shall return the signed 18

Contracting Agency-prepared Contract, an insurance certification as required by Section 1-19

07.18, a satisfactory bond as required by law and Section 1-03.4, the Transfer of Coverage 20 form for the Construction Stormwater General Permit with sections I, III, and VIII completed 21 when provided. Before execution of the Contract by the Contracting Agency, the successful 22

Bidder shall provide, if required, any of the following: pre-Award information required by the 23

Contracting Agency as listed under Section 1-02.15, proof of licensure for electrical, HVAC, or 24 plumbing subcontractors. If the Prime Contractor lists themselves as performing electrical, 25

HVAC, or plumbing they are required to submit proof of licensure prior to execution. 26

Until the Contracting Agency executes a Contract, no Proposal shall bind the Contracting 28

Agency nor shall any Work begin within the project limits or within Contracting Agency-furnished 29 sites. The Contractor shall bear all risks for any Work begun outside such areas and for any 30 materials ordered before the Contract is executed by the Contracting Agency. 31

If the Bidder experiences circumstances beyond their control that prevents return of the 33

Contract documents within the calendar days after the Award date stated above, the 34

Contracting Agency may grant up to a maximum of *** 5 *** additional calendar days for return 35 of the documents, provided the Contracting Agency deems the circumstances warrant it. 36

1-03.4 Contract Bond 38

(July 23, 2015 APWA GSP) 39

Delete the first paragraph and replace it with the following: 41

The successful bidder shall provide executed payment and performance bond(s) for the full 43 contract amount. The bond may be a combined payment and performance bond; or be separate 44 payment and performance bonds. In the case of separate payment and performance bonds, 45 each shall be for the full contract amount. The bond(s) shall: 46

1. Be on Contracting Agency-furnished form(s); 47

2. Be signed by an approved surety (or sureties) that: 48

a. Is registered with the Washington State Insurance Commissioner, and 49

b. Appears on the current Authorized Insurance List in the State of Washington published 50 by the Office of the Insurance Commissioner, 51

F.A. Contract No. TA-8602

CRP 2213D 9

3. Guarantee that the Contractor will perform and comply with all obligations, duties, and 1 conditions under the Contract, including but not limited to the duty and obligation to 2 indemnify, defend, and protect the Contracting Agency against all losses and claims related 3 directly or indirectly from any failure: 4

a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors 5 of the Contractor) to faithfully perform and comply with all contract obligations, conditions, 6 and duties, or 7

b. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to 8 pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or 9 any other person who provides supplies or provisions for carrying out the work; 10

4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the project 11 under titles 50, 51, and 82 RCW; and 12

5. Be accompanied by a power of attorney for the Surety’s officer empowered to sign the bond; 13 and 14

6. Be signed by an officer of the Contractor empowered to sign official statements (sole 15 proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed by the 16 president or vice president, unless accompanied by written proof of the authority of the 17 individual signing the bond(s) to bind the corporation (i.e., corporate resolution, power of 18 attorney, or a letter to such effect signed by the president or vice president). 19

1-03.7 Judicial Review 21

(December 30, 2022 APWA GSP) 22

Revise this section to read: 24

All decision made by the Contracting Agency regarding the Award and execution of the Contract 26 or Bid rejection shall be conclusive subject to the scope of judicial review permitted under 27

Washington Law. Such review, if any, shall be timely filed in the Superior Court of the county where 28 the Contracting Agency headquarters is located, provided that where an action is asserted against 29 a county, RCW 36.01.050 shall control venue and jurisdiction. 30

1-04 SCOPE OF WORK 32

1-04.4 Changes 34

(January 19, 2022 APWA GSP) 35

The first two sentences of the last paragraph of Section 1-04.4 are deleted. 37

1-05, CONTROL OF WORK 39

1-05.7 Nonconforming Work 41

(February 17, 2026 APWA GSP) 42

Supplement this section with the following: 44

The rights exercised under the provisions of this Section shall not diminish the Contracting 46

Agency’s right to pursue any other avenue for additional remedy or damages with respect to the 47

Contractor’s failure to perform the Work as required. The Engineer has the right to reject all or 48 part of the Nonconforming Work, and the Engineer’s decision is final and not subject to protest. 49

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No additional contract time or compensation will be allowed when the Contracting Agency 1 exercises their rights provided by this Section. 2

1-05.7(1) Identification of Nonconforming Work 4

Replace this section with the following: 5

The Contractor is responsible for quality control and shall identify all Nonconforming Work. The 7

Contracting Agency may also identify Nonconforming Work. However, failure by the Contracting 8

Agency to identify Nonconforming Work shall not relieve the Contractor from their responsibility 9 for the quality of the Work, nor shall it constitute acceptance or approval of the Nonconforming 10

Work. 11

1-05.7(2) Reporting of Nonconforming Work 13

Replace this section with the following: 14

The Contractor shall immediately report all Nonconforming Work to the Engineer and shall 16 include any relevant information known for suggested remediation of Nonconforming Work. 17

When the Contracting Agency identifies Nonconforming Work, the Engineer will notify the 19

Contractor in writing specifying a time when a remedy must be complete. If the Contractor fails 20 to remedy Nonconforming Work within the time specified in a written notice from the Engineer, 21 or fails to perform any part of the Work required by the Contract Documents, the Engineer may 22 correct and remedy such Work as may be identified in the written notice. 23

1-05.7(3) Remediation of Nonconforming Work 25

Supplement this section with the following: 26

The Contractor shall be responsible and bear all costs for remediating Nonconforming Work. 28

If the Contracting Agency remedies Nonconforming Work after the specified time when a 30 remedy was to be completed, by any means deemed necessary, direct and indirect costs 31 incurred by the Contracting Agency attributable to correcting and remedying Nonconforming 32

Work not corrected by the time provided in the notice, or Work the Contractor failed or refused 33 to perform, shall be paid by the Contractor. 34

If the Contractor fails to comply with a written order to remedy what the Engineer determines to 36 be an emergency situation, the Engineer may have the Nonconforming Work corrected 37 immediately, have the Work removed and replaced, or have Work the Contractor refuses to 38 perform completed by using Contracting Agency or other forces. An emergency situation is any 39 situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, 40 or might cause risk of loss or damage to the public. 41

When costs are incurred by the Contracting Agency, payment will be deducted by the Engineer 43 from monies due, or to become due, to the Contractor. Such direct and indirect costs shall 44 include in particular, but without limitation, compensation for additional professional services 45 required, and compensation for removal, repair, replacement and/or correction of the 46

Contractor’s Nonconforming Work. 47

1-05.13 Superintendents, Labor and Equipment of Contractor 49

(August 14, 2013 APWA GSP) 50

Delete the sixth and seventh paragraphs of this section. 52

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1-05.14 Cooperation With Other Contractors 1

Section 1-05.14 is supplemented with the following: 2

(March 13, 1995) 3

Other Contracts Or Other Work 5

It is anticipated that the following work adjacent to or within the limits of this project will be 6 performed by others during the course of this project and will require coordination of the work: 7

$$ Utilities and/or Utility Contractors. The contractor’s attention is directed to Section 1-07.17 9 these Special Provisions. $$ 10

1-05.15 Method of Serving Notices 12

(January 4, 2024 APWA GSP) 13

Revise the second paragraph to read: 15

All correspondence from the Contractor shall be served and directed to the Engineer. All 17 correspondence from the Contractor constituting any notification, notice of protest, notice of 18 dispute, or other correspondence constituting notification required to be furnished under the 19

Contract, must be written in paper format, hand delivered or sent via certified mail delivery 20 service with return receipt requested to the Engineer's office. Electronic copies such as e-21 mails or electronically delivered copies of correspondence will not constitute such notice and 22 will not comply with the requirements of the Contract. 23

1-06, CONTROL OF MATERIAL 25

Section 1-06 is supplemented with the following: 26

Build America/Buy America 28

(October 1, 2025) 30

General Requirements 31

In accordance with Buy America requirements contained in 23 CFR 635.410 and 2 CFR 184, the 32 following materials must be produced in the United States: 33

1. All Iron or Steel Products used in the project. This means all manufacturing processes, 35 from the initial melting stage through the application of coatings, occurred in the United 36

States. 37

2. All Manufactured Products used in the project. This means the manufactured product 39 was manufactured (final assembly) in the United States. 40

3. All Construction Materials used in the project. This means that all manufacturing 42 processes for the construction material occurred in the United States. 43

An article, material, or supply will be classified in one of four categories: 1) Iron or Steel Product, 45

2) Manufactured Product, 3) Construction Material, or 4) Excluded Material. Only a single 46 category will apply to an item except as follows: 47

1. With respect to precast concrete products that are classified as Manufactured Products, 49 the components of precast concrete products that consist wholly or predominantly of 50 iron, steel, or combination of both shall meet the requirements for and be tracked as an 51

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Iron or Steel Product. The item shall also meet the requirements for and be tracked as 1 a Manufactured Product. 2

2. With respect to intelligent transportation systems and other electronic hardware systems 4 that are classified as Manufactured Products, the cabinets or other enclosures of such 5 systems that consist wholly or predominantly of iron, steel, or a combination of both, 6 shall meet the requirements for and be tracked as an Iron or Steel Products. The item 7 shall also meet the requirements for and be tracked as a Manufactured Product. 8

Some contract items are composed of multiple parts that may fall into different categories. 10

Individual components will be categorized as a Construction Material, a Manufactured Product, 11 an Iron or Steel Product, or an excluded material based on their composition when they arrive at 12 the staging area or work site. 13

Definitions 15

1. Construction Material: Defined as any article, material, or supply brought to the construction 16 site for incorporation into the final product. Construction materials include an article, material, 17 or supply that is or consists primarily of: 18

a. Non-ferrous metals including all manufacturing processes, from initial smelting or 20 melting through final shaping, coating, and assembly; 21

b. Plastic and polymer-based products including all manufacturing processes, from initial 23 combination of constituent plastic or polymer-based inputs, or, where applicable, 24 constituent composite materials, until the item is in its final form); 25

c. Glass including all manufacturing processes, from initial batching and melting of raw 27 materials through annealing, cooling, and cutting); 28

d. Fiber optic cable (includes drop cable) including all manufacturing processes, from initial 30 ribboning (if applicable), through buffering, fiber stranding and jacketing, (fiber optic 31 cable also includes the standards for glass and optical fiber); 32

e. Optical fiber including all manufacturing processes, from the initial preform fabrication 34 stage, though the completion of the draw; 35

f. Lumber including all manufacturing processes, from initial debarking through treatment 37 and planing; 38

g. Drywall including all manufacturing processes, from initial blending of mined or synthetic 40 gypsum plaster and additives through cutting and drying of sandwiched panels; or 41

h. Engineered wood including all manufacturing processes from the initial combination of 43 constituent materials until the wood product is in its final form. 44

If a Construction Material is not manufactured in the United States it shall be considered a 46

Foreign Construction Material. 47

2. Excluded Material: A material where Buy America requirements do not apply. This includes 49 the following: 50

a. Materials excluded by Section 70917(c) of the Buy America, Build America Act with 52 respect to aggregates this includes cement and cementitious materials, aggregates 53

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such as stone, sand, or gravel or aggregate binding agents or additives. These materials 1 shall be classified as excluded materials based on the composition when brought to the 2 work site. It also includes combinations of these excluded materials when mixtures of 3

Excluded Materials are delivered to the work site without final form for incorporation into 4 the project (i.e. wet concrete and HMA). If they are formed prior to delivery, they are a 5

Manufactured Product and not an Excluded Material. 6

b. Temporary materials that are not being permanently incorporated into the project. 8

c. Raw or minimal processed materials where the article, material, or supply does not fall 10 into any of the categories, as it is not a Manufactured Product, an Iron or Steel Product, 11 or a Construction Material and when these materials are delivered to the work site 12 without final form for incorporation into the product (i.e. seed mix and topsoil). If they are 13 formed prior to delivery, and are not an Iron or Steel Product or a Construction Material, 14 they are a Manufactured Product and not an Excluded Material. 15

3. Iron or Steel Product: An article, material, or supply that consist of wholly or predominantly 17 of iron or steel or a combination of both. To be considered predominantly of iron or steel or 18 a combination of both means that the cost of the iron and steel content exceeds 50 percent 19 of the total cost of all its components. The cost of iron and steel is based on a good faith 20 estimate of the cost of the iron or steel components. 21

4. Manufactured Product: A Manufactured Product includes any item produced as a result of 23 the manufacturing process. Items that should be treated as a manufactured product (rather 24 than a construction material) are: 1) items that consist of two or more of the listed construction 25 materials that have been combined together through a manufacturing process, and 2) items 26 that include at least one of the listed construction materials as defined above, combined with 27 a material that is not listed through a manufacturing process. 28

If a product is not an Iron or Steel Product, a Construction Material, or an Excluded Material, 30 it is a Manufactured…