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HomeMy WebLinkAbout000295 Original Contract`ti O4 pORigM, S h i4ORKS SMALL WORKS ROSTER Request for Bid Contract Contract Title: Oak Street Sidewalk and Paving Project Number: CH -12 -007 THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON "CITY AND 2 RA DE "CONTRACTOR 1. WORK BY CONTRACTOR The Contractor shall perform the work as described in Attachment "A" (Attachment "A" may include Contractor's Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents) which is attached hereto and by this reference is incorporated herein. 2. TERM OF CONTRACT All work under this Contract is to be completed as indicated (check one): All work under this Contract is to be completed by this date: All work under this Contract is to be completed 20 days from the Notice to Proceed. No work is to be performed prior to written Notice to Proceed by the City. (See attachment A for specific schedule for work). The performance period under this Contract commences calendar days after notice to proceed and ends (xx days thereafter or after contract award). 3. PAYMENT A. The City shall pay the Contractor for the work performed under this contract (check one): Force Account Time and material, not to exceed: Force Account Time and actual expenses incurred, not to exceed: Force Account Unit prices set forth in the Contractor's bid or quote, not to exceed: Firm Fixed Price set forth in Contractor bid or quote in the amount of: 5'3,273 sz The Contractor shall do all work and furnish all tools, materials, and equipment, in accordance with and as described in the Attachment "A The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof; except those indicated to be furnished by the City of Port Angeles in Attachment A. B. The Contractor shall maintain time and expense records, which may be requested by the City. The contractor shall submit invoices to the City for payment for work performed. All invoices must reference the City's contract number. Invoices shall be in a format acceptable to the City. C. The City shall pay all invoices from the Contractor by mailing a City warrant within 30 days of receipt of a properly completed invoice. D. All records and accounts pertaining to this Contract are to be kept available for inspections by representatives of the City for a period of three (3) years after final payment. Copies shall be made available to the City upon request. E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the (CH -12 -007) Page 1 Rev 8/30/2011 Contract, the Contractor shall correct or modify the required work to comply with the requirements of this Contract. The City shall have the right to withhold payment for such work until it meets the requirements of the Contract Documents. 4. RESPONSIBILITY OF CONTRACTOR A. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or unusual hazards. B. Correction of Defects. Contractor shall be responsible for correcting all defects in workmanship and /or materials discovered within one year after acceptance of this work. When corrections of defects are made, Contractor shall be responsible for correcting all defects in workmanship and /or materials in the corrected work for one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such defects within seven (7) days of mailing notice of discovery thereof by City and shall complete such work within a reasonable time. In emergencies where damage may result from delay or where Toss of service may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and the cost of same shall be paid by the Contractor. C. Warranty. Contractor shall be liable for any costs, losses, expenses or damages including consequential damages suffered by the City resulting from defects in the Contractors work including, but not limited to, cost of materials and labor expended by the City in making emergency repairs and cost of engineering, inspection and supervision by the City. The Contractor shall hold the City harmless from any and all claims which may be made against the City as a result of any defective work and the Contractor shall defend any such claims at its own expense. Where materials or procedures are not specified in the Contract Document, the City will rely on the professional judgment of the Contractor to make appropriate selections. D. Nondiscrimination /Affirmative Action. Contractor agrees not to discriminate against any employee or applicant for employment or any other persons in the performance of this Contract because of race, creed, color, national origin, marital status, sex, age or handicap, or other circumstances as may be defined by federal, state or local law or ordinance, except for a bona fide occupational qualification. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contractor setting forth the provisions of the nondiscrimination clause. E. Employment. Any and all employees of the Contractor, while engaged in the performance of any work or services required by the Contractor under this Contract, shall be considered employees of the Contractor only and not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of said employees, while so engaged, and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall not be the obligation of the City. 5. COMPLIANCE WITH LAWS The Contractor shall comply with all federal, state and local laws and regulations applicable to the work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the Contract by the City, in whole or in part, and may result in ineligibility for further work for the City. 6. TERMINATION OF CONTRACT A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and final payment by the City. B. The City may terminate the Contract and take possession of the premises and all materials thereon and finish the work by whatever methods it may deem expedient, by giving 10 days written notice to the Contractor, upon the occurrence of any one or more of the events hereafter specified. (CH -12 -007) Page 2 Rev. 8/30/2011 1. The Contractor makes a general assignment for the benefit of its creditors. 2. A receiver is appointed as a result of the insolvency of the Contractor. 3. The Contractor persistently or repeatedly refuses or fails to complete the work required herein. 4. Contractor fails to make prompt payment to subcontractors for material or labor. 5. Contractor persistently disregards federal, state or local regulations and ordinances. 6. Contractor persistently disregards instructions of the Contract Administrator, or otherwise substantially violates the terms of this Contract. 7. The City determines that sufficient operating funds are not available to fund completion of the work contracted for. C. In the event this Contract is terminated by the City, Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in Attachment "A" is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under this Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by reason of such refusal, neglect, failure or discontinuance of employment, such excess shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and interests of the City under the Contract, provided such legal costs shall be reasonable. 7. OWNERSHIP OF DOCUMENTS A. On payment to the Contractor by the City of all compensation due under this Contract, all finished or unfinished documents and material prepared by the Contractor with funds paid by the City under this Contract shall become the property of the City and shall be forwarded to the City upon its request. B. Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order. 8. CLAIMS Any claim against the City for damages, expenses, costs or extras arising out of the performance of this Contract must be made in writing to the City within thirty days after the discovery of such damage, expense or loss, and in no event later than the time of approval by the City for final payment. Contractor, upon making application for final payment, shall be deemed to have waived its right to claim for any other damages for which application has not been made, unless such claim for final payment includes notice of additional claim and fully describes such claim. 9. GENERAL ADMINISTRATION AND MANAGEMENT The Director of the Public Works and Utilities Department or his /her designee shall have primary responsibility for the City under this Contract and shall oversee and approve all work to be performed, coordinate communications, and review and approve all invoices, under this Contract. 10. HOLD HARMLESS A. The Contractor shall protect, defend, indemnify and save harmless the City, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Contractor. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the City only, any immunity that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the event the City obtains any judgment or award, and /or incurs any cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the Contractor. B. The City shall protect, defend, indemnify and save harmless the Contractor, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City. The City agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the City, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that (CH -12 -007) Page 3 Rev. 8/30/2011 would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the event the Contractor obtains any judgment or award, and /or incurs any cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the City. 11. INSURANCE, BONDS, RETAINAGE A. The Contractor shall maintain insurance as set forth in Attachment B. B. If the total bid amount including tax exceeds $35,000, this project will be awarded as a small works roster contract and payment and performance bonds and retainage will apply in accordance with Washington State law. A retainage of 5% will then be applicable to this contract. The Contractor shall obtain payment and performance bonds in accordance with this Contract and all Attachments incorporated herein. Copies of the Bid Security Transmittal Form, Performance and Payment Bond form, and Escrow Agreement for Retained Percentage form are available from the Operations Office of Public Works Utilities (Telephone 360 417 4541). Performance Bond and Retainage forms are provided in Attachment D. The party to whom the Contract is awarded will be required to execute the Contract and obtain the Performance and Payment Bond within ten (10) calendar days from the date the notice of award is delivered to the bidder. Such bond(s) shall be on the form provided by the Owner, specify the name, contact phone, and address of the surety, and shall include a power of attorney appointing the signatory of the bond(s) as the person authorized to execute it (them). 12. PREVAILING WAGE This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be amended, relating to prevailing wages. On Public Works projects, funded in part or in whole with Federal funds, Federal wages laws and regulations shall also be applicable. NO WORKER, LABORER OR MECHANIC EMPLOYED IN THE PERFORMANCE OF ANY PART OF THIS CONTRACT SHALL BE PAID LESS THAN THE PREVAILING RATE OF WAGE as determined by the Industrial Statistician of the Department of Labor and Industries for the State of Washington. The schedule of prevailing wage rates for this Contract is made a part of this contract as though fully set forth herein. Prior to making any payment under this Contract, the City must receive an approved copy of the "Statement of Intent to Pay Prevailing Wages on Public Works Contracts" from the Department of Labor and Industries. It is the Contractor's responsibility to obtain and file the "Statement of Intent to pay Prevailing Wage The Contractor shall be responsible for all filing fees. Each invoice shall include a signed statement that prevailing wages have been paid by the Contractor and all subcontractors. Following the final acceptance of services rendered, Contractor shall submit an "Affidavit of Wages Paid For a contract award or an on -call contract work order under $2,500, and in accordance with RCW 39.12.040(2), the contractor or subcontractor is authorized to submit a combined Statement Of Intent To Pay Prevailing Wages Affidavit Of Wages directly to the City of Port Angeles at final invoicing. Submission shall be made on the form developed by the Washington State Department of Labor and Industries and available from the City of Port Angeles Public Works and Utilities Department. In case any dispute arises as to what are the prevailing rates of wages for a specific trade, craft or occupation and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and his decision shall be final, conclusive, and binding on all parties involved in the dispute. 13. INTERPRETATION AND VENUE This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Claliam County, Washington. 14. BRANDS OR EQUAL When a special "brand or equal" is named it shall be construed solely for the purpose of indicating the standards of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered, provided Contractor specifies the brand and model and submits descriptive literature when available. Any bid containing a brand which is not of equal quality, performance, or use specified must be represented as an (CH -12 -007) Page 4 Rev 8/30/2011 alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid. 15. INSPECTION AND REJECTION All goods, services, work, or materials purchased herein are subject inspection and to approval by the City. Any rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications of this order, whether held by the City or returned, will be at Contractor's risk and expense. 16. SUBLETTING OR ASSIGNING OF CONTRACTS Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest accruing from this Contract without the express prior written consent of the other. 17. INDEPENDENT CONTRACTOR The Contractor is and shall be at all times during the term of this Contract an independent contractor and not an employee of the City. 18. EXTENT OF CONTRACT /MODIFICATION This Contract, together with the attachments and /or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended, modified or added to only by written instrument properly signed by both parties hereto. This Contract, together with the attachments and /or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended, modified or added to only by written instrument properly signed by both parties hereto. 19. SUBCONTRACTOR RESPONSIBILITY The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; Have a current state unified business identifier number; If applicable, have: 1) Industrial insurance coverage for the subcontractor's employees working in Washington as required in Title 51 RCW; 2) An employment security department number as required in Tile 50 RCW; and 3) A state excise tax registration number as required in Tile 82 RCW; 4) An electrical contractor license, if required by Chapter 19.28 RCW; 5) An elevator contract license, if required by Chapter 70.87 RCW. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 20. COMPENSATION AND METHOD OF PAYMENT. A. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, as incorporated in the Contract. (CH -12 -007) Page 5 Rev. 8/30/2011 B. Payments for work provided hereunder shall be made following the performance of such work, unless otherwise permitted by law and approved in writing by the City. No payment shall be made for any work rendered by the Contractor except as identified and set forth in this Contract. C. Progress payments shall be based on the timely submittal by the Contractor of the City's standard payment request form. D. Payments for any alterations in or additions to the work provided under this Contract shall be in accordance with the Request For Information (RFI) and /or Construction Change Order (CCO) process as set forth in the Project Manual. Following approval of the RFI and /or CCO, the Contractor shall submit the standard payment request form(s). E. The Contractor shall submit payment requests with a completed Application for Payment form, an example of which is included in Attachment E to this Contract. This form includes a lien waiver certification and shall be notarized before submission. Applications for payment not signed or notarized shall be considered incomplete and ineligible for payment consideration. The City shall initiate authorization for payment after receipt of a satisfactorily completed payment request form and shall make payment to the Contractor within approximately thirty (30) days thereafter. Final payment requests shall also include a Certification of Work Completion and Acceptance located in Attachment E). IN WITNESS WHEREOF, the parties have executed this Contract as of 3� Zo/2. CONTRACTOR CITY OF PORT ANGELES By: Z G *ch L L. C Printed Name: Title: /An he Address: gox /376 City: 1 11i74 14/ 9/162.- APPROVED AS TO FORM: Tax ID 90- 0 3.5 575 49 3 Phone Number: 6.0' 1 /6/ 3 l L (CH -12 -007) 6 7 '41 7' Page 6 By: 2 Printed Name: l &'6� JlJt eh I Title: CI -H ii/(a)itafd(A i BY: 4' zz.....„_. ATTEST: CITY ATTORNEY RK Purchase Order Rev. 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4700 The contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the project described below. Unless otherwise provided for in the Statement of Work, the Contractor will be responsible for obtaining and paying for any and all permits required for this work. General Scope: The proposed project will remove existing roadway and sidewalk and one catch basin. Installation of sidewalk, ADA ramps, one concrete alley entrance, catch basins and storm pipe, asphalt road pavement. Location: 200 Block South Oak Street Site Point of Contact: Jeremy Pozernick at 360 417 -4807. Work Hours and Schedule: The contractor will be allowed to work from 8 AM to 5 PM, Monday through Friday. Work outside of these hours may be requested from and is at the discretion of the City Engineer. Permits: (N /A) Work Requirements: 1.0 Project Description The proposed project will remove the existing concrete sidewalk and one catch basin on the east side of the new Country Aire Store. A 10' wide sidewalk will be placed with a concrete alley entrance and ADA ramps. 90 LF of storm pipe will be installed connecting 2 new catch basins connecting to the existing storm main. Roadway excavation 1' depth as shown on the plans with roadway rebuilt to city street standards. (CH -12 -007) Page 7 ATTACHMENT "A" WORK BY CONTRACTOR Rev 8/30/2011 2.0 Standard Specifications This contract incorporates the Washington State Department of Transportation's 2012Standard Specifications for Road, Bridge and Municipal Construction referred to herein as the Standard Specifications and the City of Port Angeles Urban Services Standards and Guidelines (current edition). SPECIAL PROVISIONS The following Special Provisions are made a part of this contract and supersede any conflicting provisions of the 2012 Standard Specifications for Road, Bridge and Municipal Construction, and the foregoing Amendments to the Standard Specifications. Several types of Special Provisions are included in this contract; General, Region, Bridges and Structures, and Project Specific. Special Provisions types are differentiated as follows: (date) (Regions' date) (BSP date) General Special Provision Region Special Provision Bridges and Structures Special Provision Contracting Agency General Special Provision General Special Provisions are similar to Standard Specifications in that they typically apply to many projects, usually in more than one Region. Usually, the only difference from one project to another is the inclusion of variable project data, inserted as a "fill -in Region Special Provisions are commonly applicable within the designated Region. Region designations are as follows: Bridges and Structures Special Provisions are similar to Standard Specifications in that they typically apply to many projects, usually in more than one Region. Usually, the only difference from one project to another is the inclusion of variable project data, inserted as a "fill -in (CH- 12 -007) Regions' ER Eastern Region NCR North Central Region NWR Northwest Region OR Olympic Region SCR South Central Region SWR Southwest Region WSF Washington State Ferries Division Project Specific Special Provisions normally appear only in the contract for which they were developed. Page 8 Rev. 8/30/2011 (July 31, 2007 APWA GSP) INTRODUCTION TO THE SPECIAL PROVISIONS The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2010 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter "Standard Specifications The Standard Specifications, as modified or supplemented by the Amendments to the Standard Specifications and these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work. These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project- specific fill -ins; and project- specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply. The project- specific Special Provisions are not labeled as such. The GSPs are labeled under the headers of each GSP, with the date of the GSP and its source, as follows: "(May 18, 2007 APWA GSP) "(August 7, 2006) WSDOT GSP Also incorporated into the Contract Documents by reference are: Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition, with Washington State modifications, if any Standard Plans for Road, Bridge and Municipal Construction, WSDOT /APWA, current edition City of Port Angeles' Urban Services Standards and Guidelines, current edition Contractor shall obtain copies of these publications, at Contractor's own expense. (CH -12 -007) Page 9 Rev. 8/30/2011 DESCRIPTION OF WORK DIVISION 1 GENERAL REQUIREMENTS (March 13, 1995) This contract provides for the improvement of roadway surface, sidewalk and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications. 1 -01.3 Definitions (September 12, 2008 APWA GSP) This Section is supplemented with the following: All references in the Standard Specifications to the terms "State "Department of Transportation "Washington State Transportation Commission "Commission "Secretary of Transportation "Secretary", "Headquarters and "State Treasurer" shall be revised to read "Contracting Agency All references to "State Materials Laboratory" shall be revised to read "Contracting Agency designated location The venue of all causes of action arising from the advertisement, award, execution, and performance of the contract shall be in the Superior Court of the County where the Contracting Agency's headquarters are located. Additive A supplemental unit of work or group of bid items, identified separately in the proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid. Alternate One of two or more units of work or groups of bid items, identified separately in the proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work. Contract Documents See definition for "Contract Contract Time The period of time established by the terms and conditions of the contract within which the work must be physically completed. Dates Bid Opening Date The date on which the Contracting Agency publicly opens and reads the bids. Award Date The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive bidder for the work. Contract Execution Date The date the Contracting Agency officially binds the agency to the contract. Notice to Proceed Date The date stated in the Notice to Proceed on which the contract time begins. (CH -12 -007) Page 10 Rev. 8/30/2011 Substantial Completion Date The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, and only minor incidental work, replacement of temporary substitute facilities, or correction or repair remains for the physical completion of the total contract. Physical Completion Date The day all of the work is physically completed on the project. All documentation required by the contract and required by law does not necessarily need to be furnished by the Contractor by this date. Completion Date The day all the work specified in the contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the contract and required by law must be furnished by the Contractor before establishment of this date. Final Acceptance Date The date on which the Contracting Agency accepts the work as complete. Notice of Award The written notice from the Contracting Agency to the successful bidder signifying the Contracting Agency's acceptance of the bid. Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the work and establishing the date on which the contract time begins. Traffic Both vehicular and non vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic. 1 -02 BID PROCEDURES AND CONDITIONS 1 -02.1 Prequalification of Bidders Delete this Section and replace it with the following: 1 -02.1 Qualifications of Bidder (January 24, 2011 APWA GSP) Before award of a public works contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1) to be considered a responsible bidder and qualified to be awarded a public works project. 1 -02.2 Plans and Specifications (October 1, 2005 APWA GSP) Delete this section and replace it with the following: (CH -12 -007) Page 11 Information as to where Bid Documents can be obtained or reviewed will be found in the Call for Bids (Advertisement for Bids) for the work. After award of the contract, plans and specifications will be issued to the Contractor at no cost as detailed below: Rev. 8/30/2011 To Prime Contractor Reduced plans (11" x 17 and Contract Provisions 1 -02.5 Proposal Forms (October 1, 2005 APWA GSP) Delete this section and replace it with the following: At the request of a bidder, the Contracting Agency will provide a proposal form for any project on which the bidder is eligible to bid. The proposal form will identify the project and its location and describe the work. It will also list estimated quantities, units of measurement, the items of work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit prices; extensions; summations; the total bid amount; signatures; date; and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder's name, address, telephone number, and signature; the bidder's D/M/WBE commitment, if applicable; a State of Washington Contractor's Registration Number; and a Business License Number, if applicable. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the proposal form. The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the proposal forms unless otherwise specified. Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid. The bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign). A bid by a partnership shall be executed in the partnership name, and signed by a partner. A copy of the partnership agreement shall be submitted with the Bid Form if any D/M/WBE requirements are to be satisfied through such an agreement. A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture. A copy of the joint venture agreement shall be submitted with the Bid Form if any D /W/MBE requirements are to be satisfied through such an agreement. 1 -02.7 Bid Deposit (October 1, 2005 APWA GSP) Supplement this section with the following: No. of Sets Basis of Distribution 2 Furnished automatically upon award. Bid bonds shall contain the following: 1. Contracting Agency assigned number for the project; 2. Name of the project; 3. The Contracting Agency named as obligee; 4. The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded; (CH -12 -007) Page 12 Rev. 8/30/2011 5. Signature of the bidder's officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany the said signature; 6. The signature of the surety's officer empowered to sign the bond and the power of attorney. If so stated in the Contract Provisions, bidder must use the bond form included in the Contract Provisions. 1 -02.9 Delivery of Proposal (January 24, 2011 APWA GSP) Delete this section and replace it with the following: Each proposal shall be submitted in a sealed envelope, with the Project Name and Project Number as stated in the Advertisement for Bids clearly marked on the outside of the envelope, or as otherwise required in the Bid Documents, to ensure proper handling and delivery. The Contracting Agency will not consider Proposals it receives after the time fixed for opening Bids in the call for Bids. 1 -02.13 Irregular Proposals (March 25, 2009 APWA GSP) Revise item 1 to read: 1. A proposal will be considered irregular and will be rejected if: a. The Bidder is not prequalified when so required; b. The authorized proposal form furnished by the Contracting Agency is not used or is altered; c. The completed proposal form contains any unauthorized additions, deletions, alternate Bids, or conditions; d. The Bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract; e. A price per unit cannot be determined from the Bid Proposal; f. The Proposal form is not properly executed; g. The Bidder fails to submit or properly complete a Subcontractor list, if applicable, as required in Section 1 -02.6; h. The Bidder fails to submit or properly complete a Disadvantaged, Minority or Women's Business Enterprise Certification, if applicable, as required in Section 1 -02.6; i. The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation; or j. More than one proposal is submitted for the same project from a Bidder under the same or different names. 1 -02.14 Disqualification of Bidders (September 12, 2007 APWA GSP) Revise this section to read: 1. A bidder will be deemed not responsible and the proposal rejected if the bidder does not meet the responsibility criteria in RCW 39.04. 2. A bidder may be deemed not responsible and the proposal rejected if: a. More than one proposal is submitted for the same project from a bidder under the same or different names; (CH -12 -007) Page 13 Rev. 8/30/2011 b. Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; c. The bidder, in the opinion of the Contracting Agency, is not qualified for the work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of the bidder; d. An unsatisfactory performance record exists based on past or current Contracting Agency work or for work done for others, as judged from the standpoint of conduct of the work; workmanship; progress; affirmative action; equal employment opportunity practices; or Disadvantaged Business Enterprise, Minority Business Enterprise, or Women's Business Enterprise utilization; e. There is uncompleted work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the work bid upon; f. The bidder failed to settle bills for labor or materials on past or current contracts; g. The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract; h. The bidder is unable, financially or otherwise, to perform the work; or i. There are any other reasons deemed proper by the Contracting Agency. 1 -02.15 Pre Award Information (October 1, 2005 APWA GSP) Revise this section to read: Before awarding any contract, the Contracting Agency may require one or more of these items or actions of the apparent lowest responsible bidder: 1. A complete statement of the origin, composition, and manufacture of any or all materials to be used, 2. Samples of these materials for quality and fitness tests, 3. A progress schedule (in a form the Contracting Agency requires) showing the order of and time required for the various phases of the work, 4. A breakdown of costs assigned to any bid item, 5. Attendance at a conference with the Engineer or representatives of the Engineer, 6. Obtain, and furnish a copy of, a business license to do business in the city or county where the work is located. 7. A copy of State of Washington Contractor's Registration, or Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder. 1 -03.3 Execution of Contract (October 1, 2005 APWA GSP) Revise this section to read: Copies of the Contract Provisions, including the unsigned Form of Contract, will be available for signature by the successful bidder on the first business day following award. The number of copies to be executed by the Contractor will be determined by the Contracting Agency. Within 10 calendar days after the award date, the successful bidder shall return the signed Contracting Agency prepared contract, an insurance certification as required by Section 1- 07.18, and a satisfactory bond as required by law and Section 1 -03.4. Before execution of the contract by the Contracting Agency, the successful bidder shall provide any pre -award information the Contracting Agency may require under Section 1- 02.15. (CH -12 -007) Page 14 Rev 8/30/2011 Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any work begin within the project limits or within Contracting Agency furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the Contracting Agency. If the bidder experiences circumstances beyond their control that prevents return of the contract documents within 10 calendar days after the award date, the Contracting Agency may grant up to a maximum of 10 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. 1 -03.4 Contract Bond (October 1, 2005 APWA GSP) Revise the first paragraph to read: The successful bidder shall provide an executed contract bond for the full contract amount. This contract bond shall: 1. Be on a Contracting Agency furnished form; 2. Be signed by an approved surety (or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner, 3. Be conditioned upon the faithful performance of the contract by the Contractor within the prescribed time; 4. Guarantee that the surety shall indemnify, defend, and protect the Contracting Agency against any claim of direct or indirect loss resulting from the failure: a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform the contract, or b. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work; 5. Be accompanied by a power of attorney for the Surety's officer empowered to sign the bond; and 6. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond must be signed by the president or vice president, unless accompanied by written proof of the authority of the individual signing the bond to bind the corporation (i.e., corporate resolution, power of attorney or a letter to such effect by the president or vice president). 1 -04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda (October 1, 2005 APWA GSP) Revise the second paragraph to read: Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Addenda, 2. Proposal Form, 3. Special Provisions, including APWA General Special Provisions, if they are included, 4. Contract Plans, 5. Amendments to the Standard Specifications, (CH -12 -007) Page 15 Rev. 8/30/2011 6. WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 7. Contracting Agency's Standard Plans (if any), and 8. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. 1 -05 CONTROL OF WORK 1 -05.4 Conformity With and Deviations from Plans and Stakes Surveyors (CH -12 -007) The Contractor shall be responsible for establishing points necessary for construction of the work, reestablishing or locating legal survey markers such as GLO monuments or property corner monuments, conduct boundary surveys to determine Contracting Agency right -of -way locations, and obtain, review and analyze deeds and records as necessary to determine these boundaries. The Contracting Agency will provide "rights of entry" as needed by the Contractor to perform the work. The Contractor shall brush out or clear and stake or mark the right -of -way lines as designated by the Engineer. When required, the Contractor shall prepare and file a Record of Survey map in accordance with RCW 58.09 and provide a recorded copy to the Contracting Agency. The Contracting Agency will provide all existing base maps, existing horizontal and vertical control, and other material available with Washington State Plane Coordinate information to the Contractor. The Contracting Agency will also provide maps, plan sheets, and/or aerial photographs clearly identifying the limits of the areas to be surveyed. The Contractor shall establish Washington State Plane Coordinates on all points required in the Record of Survey and other points designated in the Contract documents. Existing right of way documentation, existing base maps, existing horizontal and vertical control descriptions, maps, plan sheets, aerial photographs and all other available material may be viewed by prospective bidders at the office of the Project Engineer. The Contractor shall perform all of the necessary calculations for the contracted survey work and shall provide copies of these calculations to the Contracting Agency. Electronic files of all survey data shall be provided and in a format acceptable to the Contracting Agency. All survey work performed by the Contractor shall conform to all applicable sections of the Revised Code of Washington and the Washington Administrative Code. The Contractor shall provide all traffic control, signing, and temporary traffic control devices in order to provide a safe work zone. Payment Payment "Surveying Lump Sum. 1 -05.7 Removal of Defective and Unauthorized Work (October 1, 2005 APWA GSP) Supplement this section with the following: If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer, or fails to perform any part of the work required by the Contract Documents, the Engineer may correct and remedy such work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary. Page 16 Rev. 8/30/2011 If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized work corrected immediately, have the rejected work removed and replaced, or have work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public. Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of the Contractor's unauthorized work. No adjustment in contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency's rights provided by this Section. The rights exercised under the provisions of this section shall not diminish the Contracting Agency's right to pursue any other avenue for additional remedy or damages with respect to the Contractor's failure to perform the work as required. 1 -05.11 Final Inspection Delete this section and replace it with the following: 1 -05.11 Final Inspections and Operational Testing (October 1, 2005 APWA GSP) 1- 05.11(1) Substantial Completion Date When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Contractor's request shall list the specific items of work that remain to be completed in order to reach physical completion. The Engineer will schedule an inspection of the work with the Contractor to determine the status of completion. The Engineer may also establish the Substantial Completion Date unilaterally. If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. If, after this inspection the Engineer does not consider the work substantially complete and ready for its intended use, the Engineer will, by written notice, so notify the Contractor giving the reasons therefor. Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work. The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for final inspection. (CH -12 -007) Page 17 Rev. 8/30/2011 1- 05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1 -05.7. The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work attributable to the exercise of the Engineer's right hereunder. Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall not imply acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled. 1- 05.11(3) Operational Testing It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system. Therefore when the work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the physical completion date. Whenever items of work are listed in the Contract Provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. Operational and test periods, when required by the Engineer, shall not affect a manufacturer's guaranties or warranties furnished under the terms of the contract. 1 -05.13 Superintendents, Labor and Equipment of Contractor (March 25, 2009 APWA GSP) Revise the seventh paragraph to read: Whenever the Contracting Agency evaluates the Contractor's qualifications pursuant to Section 1- 02.14, it will take these performance reports into account. (CH -12 -007) Page 18 Rev. 8/30/2011 1 -05.15 Method of Serving Notices (March 25, 2009 APWA GSP) Revise the second paragraph to read: All correspondence from the Contractor shall be directed to the Project Engineer. All correspondence from the Contractor constituting any notification, notice of protest, notice of dispute, or other correspondence constituting notification required to be furnished under the Contract, must be in paper format, hand delivered or sent via mail delivery service to the Project Engineer's office. Electronic copies such as e-mails or electronically delivered copies of correspondence will not constitute such notice and will not comply with the requirements of the Contract. Add the following new section: 1 -05.16 Water and Power (October 1, 2005 APWA GSP) The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the contract includes power and water as a pay item. Add the following new section: 1 -05.17 Oral Agreements (October 1, 2005 AWPA GSP) No oral agreement or conversation with any officer, agent, or employee of the Contracting Agency, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the contract. Such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the Contracting Agency, unless subsequently put in writing and signed by the Contracting Agency. 1 -07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 1 -07.1 Laws to be Observed (October 1, 2005 APWA GSP) Supplement this section with the following: In cases of conflict between different safety regulations, the more stringent regulation shall apply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office, or other well known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor's care, persons, including employees, who may have been injured on the project site. Employees should not be permitted to (CH -12 -007) Page 19 Rev. 8/30/2011 work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor's care. The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor's plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor's performance does not, and shall not, be intended to include review and adequacy of the Contractor's safety measures in, on, or near the project site. 1 -07.2 Sales Tax Delete this section, including its sub sections, in its entirety and replace it with the following: 1 -07.2 Sales Tax (January 24, 2011 APWA GSP) The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1- 07.2(1) through 1- 07.2(4) are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability. The Contractor shall include all Contractor -paid taxes in the unit bid prices or other contract amounts. In some cases, however, state retail sales tax will not be included. Section 1- 07.2(3) describes this exception. The Contracting Agency will pay the retained percentage only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all contract related taxes have been paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue, whether the amount owed relates to this contract or not. Any amount so deducted will be paid into the proper State fund. 1- 07.2(1) State Sales Tax Rule 171 WAC 458 -20 -171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the United States, and which are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system. For work performed in such cases, the Contractor shall include Washington State Retail Sales Taxes in the various unit bid item prices, or other contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work. 1- 07.2(2) State Sales Tax Rule 170 WAC 458 -20 -170, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the state of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not such personal property becomes a part of the realty by virtue of installation. For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each payment to (CH -12 -007) Page 20 Rev. 8/30/2011 State Taxes Section 1 -07.2 is supplemented with the following: (March 13, 1995) The work on this contract is to be performed upon lands whose ownership obligates the Contractor to pay Sales tax. The provisions of Section 1- 07.2(1) apply. Permits and Licenses Section 1 -07.6 is supplemented with the following: (March 13, 1995) No hydraulic permits are required for this project unless the Contractor's operations use, divert, obstruct, or change the natural flow or bed of any river or stream, or utilize any of the waters of the State or materials from gravel or sand bars, or from stream beds. Wages the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following exception. Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount. 1- 07.2(3) Services The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244). General Section 1- 07.9(1) is supplemented with the following: (CH -12 -007) (February 11, 2008) The Federal wage rates incorporated in this contract have been established by the Secretary of Labor under United States Department of Labor General Decision No. WA080001. (April 2, 2007) Application of Wage Rates For The Occupation Of Landscape Construction State prevailing wage rates for public works contracts are included in this contract and show a separate listing for the occupation: Landscape Construction, which includes several different occupation descriptions such as: Irrigation and Landscape Plumbers, Irrigation and Landscape Power Equipment Operators, and Landscaping or Planting Laborers. In addition, federal wage rates that are included in this contract may also include occupation descriptions in Federal Occupational groups for work also specifically identified with landscaping such as: Laborers with the occupation description, Landscaping or Planting, or Power Equipment Operators with the occupation description, Mulch Seeding Operator. If Federal wage rates include one or more rates specified as applicable to landscaping work, then Federal wage rates for all occupation descriptions, specific or general, must be considered and Page 21 Rev. 8/30/2011 Posted Speed Distance From Traveled Way (Feet) 35 mph or less 10 40 mph 15 45 to 55 mph 20 60 mph or greater 30 compared with corresponding State wage rates. The higher wage rate, either State or Federal, becomes the minimum wage rate for the work performed in that occupation. Contractors are responsible for determining the appropriate crafts necessary to perform the contract work. If a classification considered necessary for performance of the work is missing from the Federal Wage Determination applicable to the contract, the Contractor shall initiate a request for approval of a proposed wage and benefit rate. The Contractor shall prepare and submit Standard Form 1444, Request for Authorization of Additional Classification and Wage Rate available at http: /www.wdol.gov /docs /sf1444.pdf, and submit the completed form to the Project Engineer's office. The presence of a classification wage on the Washington State Prevailing Wage Rates For Public Works Contracts does not exempt the use of form 1444 for the purpose of determining a federal classification wage rate. Public Convenience and Safety Construction Under Traffic Section 1- 07.23(1) is supplemented with the following: (April 2, 2007) Work Zone Clear Zone The Work Zone Clear Zone (WZCZ) applies during working and nonworking hours. The WZCZ applies only to temporary roadside objects introduced by the Contractor's operations and does not apply to preexisting conditions or permanent Work. Those work operations that are actively in progress shall be in accordance with adopted and approved Traffic Control Plans, and other contract requirements. During nonworking hours equipment or materials shall not be within the WZCZ unless they are protected by permanent guardrail or temporary concrete barrier. The use of temporary concrete barrier shall be permitted only if the Engineer approves the installation and location. During actual hours of work, unless protected as described above, only materials absolutely necessary to construction shall be within the WZCZ and only construction vehicles absolutely necessary to construction shall be allowed within the WZCZ or allowed to stop or park on the shoulder of the roadway. The Contractor's nonessential vehicles and employees private vehicles shall not be permitted to park within the WZCZ at any time unless protected as described above. Deviation from the above requirements shall not occur unless the Contractor has requested the deviation in writing and the Engineer has provided written approval. Minimum WZCZ distances are measured from the edge of traveled way and will be determined as follows: or 2 -feet beyond the outside edge of sidewalk Minimum Work Zone Clear Zone Distance 1 -07.18 Public Liability and Property Damage Insurance Refer to Section 1 -07.18 of WSDOT Standard Specifications for Road, Bridge and Municipal (CH -12 -007) Page 22 Rev. 8/30/2011 (CH -12 -007) Construction and WSDOT Amendments. Construction and Maintenance of Detours (December 1, 2008) Section 1- 07.23(2) is supplemented with the following: Pedestrian Control and Protection If no alternative is proposed within the contract plans, all existing pedestrian routes and access points within the project limits, including sidewalks and crosswalks, shall remain open and clear at all times. The Contractor may propose Traffic Control Plans (TCP's) that comply with the MUTCD, ADA requirements, and these Specifications. Contractor proposed TCP's detailing the alternative accessible pedestrian route shall be approved by the Engineer prior to implementation. The plans will either be returned for correction, approved as noted, or approved for use by the end of a 10 -day review period. Each time the plan is returned for correction, an additional 10 -day review period may be necessary. When the Engineer allows work areas to encroach upon a sidewalk or crosswalk area, and minimum clear width of 48- inches cannot be maintained for pedestrian use, an alternative accessible pedestrian route shall be provided. Separation of pedestrians from the work area and vehicular traffic is required. Protective barricades, fencing, and bridges, together with warning and guidance devices and signs, shall be utilized so that the passageway for pedestrians is safe, well defined and accessible. Whenever pedestrian walkways are provided across excavations, they shall be provided with suitable handrails. Foot bridges shall be safe, strong, and free of bounce and sway, have a slip resistant coating, and be free of cracks, holes and irregularities that could cause tripping. Ramps, with a maximum slope of 8.3 shall be provided at the entrance and exit of all raised footbridges. The maximum cross slope shall be 2.0 When the existing facility is illuminated or TCP's requires illumination, illumination shall be provided during the hours of darkness. Retroreflective delineation shall be provided during hours of darkness. Where accessible pedestrian routes are allowed to be closed by the Engineer during construction, an alternate accessible pedestrian route shall be provided that complies with the MUTCD, ADA requirements and these Specifications. The alternate accessible pedestrian route shall not have abrupt changes in grade or terrain. Barriers and channelizing devices shall be detectable to pedestrians who have visual disabilities. Where it is necessary to divert pedestrians into the roadway, barricading or channelizing devices shall be provided to separate the pedestrian route from the adjacent vehicular traffic lane. Barricading or channelizing devices used to separate pedestrian and vehicular traffic shall be crashworthy and, when struck by vehicles, present a minimum threat to pedestrians, workers, and occupants of impacting vehicles. At no time shall pedestrians be diverted into a portion of the street used concurrently by moving vehicular traffic. In addition the Traffic Control Plan shall address the following: All pedestrians, including persons with disabilities, shall be provided with a safe and accessible route. The width of the existing pedestrian facility shall be maintained if possible. When it is not possible to maintain a minimum width of 60- inches throughout the entire length of the pedestrian route, a minimum width of 48- inches shall be provided with 60 -inch x 60 -inch passing zones spaced at maximum intervals of 200 -feet to allow individuals in wheelchairs to pass. Traffic control devices and other construction materials and features shall not intrude into the usable width of the sidewalk, alternate accessible pedestrian route, or other pedestrian facility. Page 23 Rev. 8/30/2011 (CH -12 -007) Payment Signs and other devices mounted lower than 84- inches above the temporary accessible pedestrian route shall not project more than 4- inches into the accessible pedestrian route. A smooth, continuous hard surface shall be provided throughout the entire length and width of the pedestrian route throughout construction. There shall be no curbs or vertical elevation changes greater than 1/2-inch in grade or terrain that could cause tripping or be a barrier to wheelchair use. Vertical elevation differences between -inch and 1/2-inch shall be beveled at a maximum 2 slope. When channelization is used to delineate a pedestrian pathway, a continuous detectable edging shall be provided throughout the length of the facility such that pedestrians using a cane can follow it. Edging shall protrude at least 6- inches above the surface of the sidewalk or pathway with the bottom of the edging a maximum of 2 -1/2 inches above the surface. Temporary ramps shall be provided when an alternate accessible pedestrian route crosses a curb and no permanent curb ramps are in place. The width of the curb ramp shall be a minimum of 48- inches and the maximum slope of the ramp shall be 8.3 The maximum cross slope shall be 2.0 The bottom of the curb ramp shall be flush with the Roadway. Temporary detectable warning mats shall be installed at street crossings. When possible, an alternate accessible pedestrian route shall be provided on the same side of the street as the disrupted route. When it is not possible, the alternate route shall be clearly identified at the nearest intersection crossing prior to the closure area. Information regarding closed pedestrian routes, alternate crossings, and sign and signal information shall be communicated to pedestrians with visual disabilities by providing devices such as audible information devices, accessible pedestrian signals, or barriers and channelizing devices that are detectable to the pedestrians traveling with the aid of a cane or who have low vision. It is desirable that pedestrians cross to the opposite side of the roadway at intersections rather than mid block. Appropriate signing shall be placed at the intersections prior to any pedestrian route closure. If not otherwise stated in the contract provisions, access to transit stops shall be provided and maintained at all times. Transit stops may be temporarily relocated with approval of the transit agency and the Project Engineer. At locations where adjacent alternate walkways cannot be provided, appropriate signs shall be posted at the limits of construction and in advance of the closure at the nearest crosswalk or intersection, to divert pedestrians across the street. Physical barricades shall be installed to prevent visually impaired people from inadvertently entering a closed area. Measurement No specific unit of measurement will apply to the lump sum item for pedestrian control and protection. "Pedestrian Control and Protection" shall be incidental to Temporary Traffic Control. Page 24 Rev. 8/30/2011 1 -07.24 Rights of Way (October 1, 2005 APWA GSP) Delete this section in its entirety, and replace it with the following: Street right of way lines, limits of easements, and limits of construction permits are indicated in the Plans. The Contractor's construction activities shall be confined within these limits, unless arrangements for use of private property are made. Generally, the Contracting Agency will have obtained, prior to bid opening, all rights of way and easements, both permanent and temporary, necessary for carrying out the work. Exceptions to this are noted in the Bid Documents or will be brought to the Contractor's attention by a duly issued Addendum. Whenever any of the work is accomplished on or through property other than public right of way, the Contractor shall meet and fulfill all covenants and stipulations of any easement agreement obtained by the Contracting Agency from the owner of the private property. Copies of the easement agreements may be included in the Contract Provisions or made available to the Contractor as soon as practical after they have been obtained by the Engineer. Whenever easements or rights of entry have not been acquired prior to advertising, these areas are so noted in the Plans. The Contractor shall not proceed with any portion of the work in areas where right of way, easements or rights of entry have not been acquired until the Engineer certifies to the Contractor that the right of way or easement is available or that the right of entry has been received. If the Contractor is delayed due to acts of omission on the part of the Contracting Agency in obtaining easements, rights of entry or right of way, the Contractor will be entitled to an extension of time. The Contractor agrees that such delay shall not be a breach of contract. Each property owner shall be given 48 hours notice prior to entry by the Contractor. This includes entry onto easements and private property where private improvements must be adjusted. The Contractor shall be responsible for providing, without expense or liability to the Contracting Agency, any additional land and access thereto that the Contractor may desire for temporary construction facilities, storage of materials, or other Contractor needs. However, before using any private property, whether adjoining the work or not, the Contractor shall file with the Engineer a written permission of the private property owner, and, upon vacating the premises, a written release from the property owner of each property disturbed or otherwise interfered with by reasons of construction pursued under this contract. The statement shall be signed by the private property owner, or proper authority acting for the owner of the private property affected, stating that permission has been granted to use the property and all necessary permits have been obtained or, in the case of a release, that the restoration of the property has been satisfactorily accomplished. The statement shall include the parcel number, address, and date of signature. Written releases must be filed with the Engineer before the Completion Date will be established. 1 -08 PROSECUTION AND PROGRESS Add the following new section: 1 -08.0 Preliminary Matters (May 25, 2006 APWA GSP) (CH -12 -007) Page 25 Rev. 8/30/2011 Add the following new section: 1- 08.0(1) Preconstruction Conference (October 10, 2008 APWA GSP) Prior to the Contractor beginning the work, a preconstruction conference will be held between the Contractor, the Engineer and such other interested parties as may be invited. The purpose of the preconstruction conference will be: 1. To review the initial progress schedule; 2. To establish a working understanding among the various parties associated or affected by the work; 3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc.; 4. To establish normal working hours for the work; 5. To review safety standards and traffic control; and 6. To discuss such other related items as may be pertinent to the work. The Contractor shall prepare and submit at the preconstruction conference the following: 1. A breakdown of all lump sum items; 2. A preliminary schedule of working drawing submittals; and 3. A list of material sources for approval if applicable. 1- 08.0(2) Hours of Work (May 25, 2006 APWA GSP) Except in the case of emergency or unless otherwise approved by the Contracting Agency, the normal straight time working hours for the contract shall be any consecutive 8 -hour period between 7:00 a.m. and 6:00 p.m. of a working day with a maximum 1 -hour lunch break and a 5 -day work week. The normal straight time 8- hour working period for the contract shall be established at the preconstruction conference or prior to the Contractor commencing the work. If a Contractor desires to perform work on holidays, Saturdays, Sundays, or before 7:00 a.m. or after 6:00 p.m. on any day, the Contractor shall apply in writing to the Engineer for permission to work such times. Permission to work longer than an 8 -hour period between 7:00 a.m. and 6:00 p.m. is not required. Such requests shall be submitted to the Engineer no later than noon on the working day prior to the day for which the Contractor is requesting permission to work. Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject to noise control requirements. Approval to continue work during these hours may be revoked at any time the Contractor exceeds the Contracting Agency's noise control regulations or complaints are received from the public or adjoining property owners regarding the noise from the Contractor's operations. The Contractor shall have no claim for damages or delays should such permission be revoked for these reasons. Permission to work Saturdays, Sundays, holidays or other than the agreed upon normal straight time working hours Monday through Friday may be given subject to certain other conditions set forth by the Contracting Agency or Engineer. These conditions may include but are not limited to: requiring the Engineer or such assistants as the Engineer may deem necessary to be present during the work; requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight -time costs for Contracting Agency employees who worked during such times, on non Federal aid projects; considering the work performed on Saturdays, Sundays, and holidays as working days with regards to the contract time; and considering multiple work shifts as multiple working days with respect to contract time even though the multiple shifts occur in a single 24 -hour period. Assistants may include, but are not limited to, survey crews; personnel from the (CH -12 -007) Page 26 Rev. 8/30/2011 Contracting Agency's material testing lab; inspectors; and other Contracting Agency employees when in the opinion of the Engineer, such work necessitates their presence. Subcontracting Section 1 -08.1 is supplemented with the following: (October 12, 1998) Prior to any subcontractor or lower tier subcontractor beginning work, the Contractor shall submit to the Engineer a certification (WSDOT Form 420 -004) that a written agreement between the Contractor and the subcontractor or between the subcontractor and any lower tier subcontractor has been executed. This certification shall also guarantee that these subcontract agreements include all the documents required by the Special Provision Federal Agency Inspection. A subcontractor or lower tier subcontractor will not be permitted to perform any work under the contract until the following documents have been completed and submitted to the Engineer: 1. Request to Sublet Work (Form 421 -012), and 2. Contractor and Subcontractor or Lower Tier Subcontractor Certification for Federal -aid Projects (Form 420 -004). The Contractor's records pertaining to the requirements of this Special Provision shall be open to inspection or audit by representatives of the Contracting Agency during the life of the contract and for a period of not less than three years after the date of acceptance of the contract. The Contractor shall retain these records for that period. The Contractor shall also guarantee that these records of all subcontractors and lower tier subcontractors shall be available and open to similar inspection or audit for the same time period. Revise this section to read: 1 -08.4 Notice to Proceed and Prosecution of the Work (October 1, 2005 APWA GSP) Notice to Proceed will be given after the contract has been executed and the contract bond and evidence of insurance have been approved and filed by the Contracting Agency. The Contractor shall not commence with the work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the contract. 1 -08.5 Time for Completion (June 28, 2007 APWA GSP, Option A) Revise the third and fourth paragraphs to read: Contract time shall begin on the first working day following the Notice to Proceed Date. Each working day shall be charged to the contract as it occurs, until the contract work is physically complete. If substantial completion has been granted and all the authorized working days have been used, charging of working days will cease. Each week the Engineer will provide the Contractor a statement that shows the number of working days: (1) charged to the contract the week before; (2) specified for the physical completion of the contract; and (3) remaining for the physical completion of the contract. The statement will also show the nonworking days and any partial or whole day the Engineer declares as unworkable. Within 10 calendar days after the date of each statement, the Contractor shall file a written protest of any alleged (CH -12 -007) Page 27 Rev. 8/30/2011 discrepancies in it. To be considered by the Engineer, the protest shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of time disputed. By not filing such detailed protest in that period, the Contractor shall be deemed as having accepted the statement as correct. If the Contractor elects to work 10 hours a day and 4 days a week (a 4 -10 schedule) and the fifth day of the week in which a 4 -10 shift is worked would ordinarily be charged as a working day then the fifth day of that week will be charged as a working day whether or not the Contractor works on that day. Revise the sixth paragraph to read: The Engineer will give the Contractor written notice of the completion date of the contract after all the Contractor's obligations under the contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical work on the project must be complete; and 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date: a. Certified Payrolls (Federal -aid Projects) b. Material Acceptance Certification Documents c. Annual Report of Amounts Paid as MBE/WBE Participants or Quarterly Report of Amounts Credited as DBE Participation, as required by the Contract Provisions. d. Final Contract Voucher Certification e. Property owner releases per Section 1 -07.24 1 -08.7 Maintenance During Suspension (October 1, 2005 APWA GSP) Revise the second paragraph to read: At no expense to the Contracting Agency, the Contractor shall provide through the construction area a safe, smooth, and unobstructed roadway, sidewalk, and path for public use during suspension (as required in Section 1 -07.23 or the Special Provisions). This may include a temporary road or detour. 1 -09.9 PAYMENTS Supplemented with the following: The Contractor shall submit payment requests with a completed Application for Payment form, an example of which is included in the Attachment D of the Project Manual. This form includes a lien waiver certification, and shall be notarized before submission. Applications for payment not signed or notarized shall be considered incomplete and ineligible for payment consideration. 1 -09.9 Payments (October 10, 2008 APWA GSP) Revise the first paragraph to read: The basis of payment will be the actual quantities of Work performed according to the Contract and as specified for payment. For items Bid as lump sum, with a bid price of more than or equal to $20,000, the Contractor shall submit a breakdown of their lump sum price in sufficient detail for the Project Engineer to determine the value of the Work performed on a monthly basis. Lump sum breakdowns shall be provided to the Project Engineer no later than the date of the preconstruction conference. (CH -12 -007) Page 28 Rev. 8/30/2011 Delete the third paragraph and replace it with the following: Progress payments for completed work and material on hand will be based upon progress estimates prepared by the Engineer. A progress estimate cutoff date will be established at the preconstruction conference. The initial progress estimate will be made not later than 30 days after the Contractor commences the work, and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the work are tentative, and made only for the purpose of determining progress payment. The progress estimates are subject to change at any time prior to the calculation of the Final Payment. The value of the progress estimate will be the sum of the following: 1. Unit Price Items in the Bid Form the approximate quantity of acceptable units of work completed multiplied by the unit price. 2. Lump Sum Items in the Bid Form partial payment for lump sum Bid items will be a percentage of the price in the Proposal based on the Engineer's determination of the amount of Work performed, with consideration given to, but not exclusively based on, the Contractor's lump sum breakdown for that item. 3. Materials on Hand 100 percent of invoiced cost of material delivered to Job site or other storage area approved by the Engineer. 4. Change Orders entitlement for approved extra cost or completed extra work as determined by the Engineer. Progress payments will be made in accordance with the progress estimate less: 1. Retainage per Section 1- 09.9(1); 2. The amount of Progress Payments previously made; and 3. Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents. Progress payments for work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any work has been satisfactorily completed. The determination of payments under the contract will be fmal in accordance with Section 1 -05.1. Payments will be made by warrants, issued by the Contracting Agency's fiscal officer, against the appropriate fund source for the project. Payments received on account of work performed by a subcontractor are subject to the provisions of RCW 39.04.250. Traffic Control Management General (December 1, 2008) Section 1- 10.2(1) is supplemented with the following: (CH -12 -007) Only training with WSDOT TCS card and WSDOT training curriculum is recognized in the State of Washington. The Traffic Control Supervisor shall be certified by one of the following: The Northwest Laborers Employers Training Trust 27055 Ohio Ave. Kingston, WA 98346 (360) 297 -3035 Evergreen Safety Council 401 Pontius Ave. N. Seattle, WA 98109 1- 800 -521 -0778 or Page 29 Rev. 8/30/2011 (206) 382 -4090 The American Traffic Safety Services Association 15 Riverside Parkway, Suite 100 Fredericksburg, Virginia 22406 -1022 Training Dept. Toll Free (877) 642 -4637 Phone: (540) 368 -1701 Measurement Lump Sum Bid for Project (No Unit Items) Section 1- 10.4(1) is supplemented with the following: (CH -12 -007) (August 2, 2004) The proposal contains the item "Project Temporary Traffic Control," lump sum. The provisions of Section 1- 10.4(1) shall apply Page 30 Rev. 8/30/2011 2 -02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 2 -02.1 Description (March 13, 1995) Supplemented with the following: This work shall consist of removing miscellaneous items identified below. Removal of Pavements, Sidewalks, Storm drainage systems, Curbs, Gutters and Obstructions 2 -02.3 Construction Requirements Supplemented with the following: 1) The approximate thickness of the asphalt pavement on Oak Street is approximately 2 -4 inches. 2 -02.4 Measurement Supplemented with the following: Curb and gutter removal shall be measured by the linear foot Traffic curb removal shall be measured by the linear foot Sidewalk removal shall be measured by the square yard Catch basin removal shall be measured per each Pavement removal shall be measured by the square yard 2 -02.5 Payment Supplemented with the following: (CH -12 -007) DIVISION 2 EARTHWORK "Remove Cement Concrete Curb and Gutter linear foot All work and material associated with any fill required per Section 2- 02.3(2) shall be included in the cost for removing any item identified for removal in this section. No distinction shall be made between curbs with or without integral gutters or curbs that are an integral part of the concrete roadway. If the gutter is not an integral part of the curb, or the curb is an integral part of the roadway, a portion of the pavement, within the roadway and adjacent to the curb, one foot in width shall be removed and included in the unit bid contract price for "Remove Cement Concrete Curb "Remove Cement Concrete Traffic Curb linear foot "Remove Cement Concrete Sidewalk square yard "Remove Catch Basin per each "Pavement removal" ,square yard Page 31 Rev. 8/30/2011 2 -09 STRUCTURAL EXCAVATION 2 -09.4 Measurement Replace with the following: 5 -04 HOT MIX ASPHALT 5 -04.4 Construction Requirements 5 -03.5 Preparation of Existing 5- 04.3(5)D Soil Residual Herbicide The first sentence of Section 5- 04.3(5)D is replaced with the following: Soil residual herbicide shall be applied in areas to be paved with granular base. Application of soil residual herbicide shall not be required in areas of non permeable base such as paving over cement concrete or asphalt treated base. 5- 04.3(8)A Acceptance Sampling and Testing HMA Mixture Section 5- 04.3(8)A is supplemented with the following: 5- 04.3(10)B Control This section is deleted. 5- 04.3(12) Joints Deleted and replace with the following: (CH -12 -007) Haul and disposal of as well as any necessary equipment, labor, materials, sawing, breaking, planing, and/or grinding shall be made and shall be included in the unit contract bid price for removing any item identified for removal in this section and in the plans. Removal of pavements shall include all costs associated with removing and either disposing of, and/or salvaging, appurtenant facilities such as manhole lid and frames, handholes, access portals, valve boxes and covers, conduit, etc., as indicated on the drawings or directed by the Engineer. All debris, saw slurry, and grindings shall be prevented from entering any drainage system and shall be removed from the project area and shall be included in the unit bid contract price for removing any item identified for removal in this section. Control Density Fill (CDF) will be measured by the following: 1) Cubic yard in place determined by the neat lines required by the Plans. DIVISION 5 SURFACE TREATMENTS AND PAVEMENTS Commercial HMA Evaluation The following HMA will be accepted by commercial HMA evaluation: HMA Class 1" PG 64 -22 The HMA shall be feathered or a butt joint created to produce a smooth riding connection to the existing pavement. Mainline joints shall be 20' (length): 0.17' (depth) butt joint shall be constructed where indicated on plans or ordered by the Engineer. Page 32 Rev 8/30/2011 5- 04.3(13) Surface Smoothness The second sentence is revised to read: The completed surface of the wearing course shall not vary more than 1/8 inch from the lower edge of a 10 -foot straightedge placed on the surface parallel to centerline. 5 -04.4 Measurement Section 5 -04.4 is revised as follows: The fourth paragraph is deleted. Payment The second paragraph of Section 5 -04.5 is supplemented as follows: The unit contract bid price for "HMA Cl. 1/2" PG 64 -22" shall include the construction of butt joints, sealing butt and/or lap joints, and the application of soil residual herbicide in accordance with Section 5- 04.3(5)D in areas to be paved with granular base. Application of soil residual herbicide shall not be required in areas of non permeable base such as paving over cement concrete or asphalt treated base. Paragraphs 13, 14 and 15 are deleted. (CH -12 -007) HMA utilized in the construction of the feathered connections shall be modified by eliminating the coarse aggregate from the mix at the Contractor's plant or the commercial source or by raking the joint on the roadway, to the satisfaction of the Engineer. All cold joints, whether they are butt or lap joints, shall be sealed on the surface at the joint with AR -4000. The unit contract bid price for "HMA for Overlay Cl. 1/2" PG 64 -22" shall include the construction of butt joints where indicted on the plans and the application of soil residual herbicide in areas to be paved with granular base. Application of soil residual herbicide shall not be required in areas of non permeable base such as paving over cement concrete or asphalt treated base. Page 33 Rev 8/30/2011 7 -04 STORM SEWERS 7 -05 CATCH BASINS 7 -05.2 Materials Supplement with the following: (CH -12 -007) DIVISION 7 DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 7 -04.5 Payment Supplement with the following: The unit contract price per linear foot for storm sewer pipe of the kind and size specified shall be full payment for pavement sawing, pavement removal, excavation and disposal of excavated material, pavement restoration, and restoration of any other existing facilities damaged or destroyed during construction. 1) Grates and covers shall be standard bolt down type indicated. 2) Adjusting inlets shall be cement concrete 3) Backfill around catch basins shall be controlled density fill (CDF) when directed by the Engineer. 2) Castings shall have bituminous coating. Inlets and grates shall have stamped on them the words "Drains to Streams 7 -05.3 Construction Requirements Supplement with the following: Combination inlet hoods and catch basin grates shall have stamped on them the words "Drains to Streams Connections to existing drainage structures shall be made utilizing a grout collar with rubber gasket appropriate to the size and material of the connecting pipe. Oil/Water separator tee's shall be installed in only those structures that are the first upstream structure from a main or manhole. Backfill around structures in roadway shall be Controlled Density Fill (CDF). 7- 05.3(1) Adjusting Catch Basin to Grade Supplement with the following: Where shown on the Plans, or directed by the Engineer, the Contractor shall install catch basin or inlet with frame, grate or solid cover as indicated on the plans to finish grade. The existing cast iron ring and cover shall be removed and remain the property of the City. The contractor shall transport all cast iron rings and covers to the City Corp. Yard at 1703 S. B Street. Page 34 Rev. 8/30/2011 7 -05.4 Measurement Supplement with the following: (CH -12 -007) "Catch basin Type I w/ Bi- Directional Grate shall be measured per each. Delete "Connections to existing drainage Structures will be measured per each" and replace with "Connection to existing drainage Structures" shall be incidental. 7 -05.5 Payment Supplement with the following: "Catch basin Type I w/ Bi- Directional Grate per each. All costs associated cost shall be included in the unit contract price. This shall include, but not be limited to: 1) Gravel Bedding 2) CDF Backfill 3) Connect to existing storm structure. 4) Installation of Oil/Water separator tee's where required. 5) Pavement sawing, pavement removal, excavation and disposal of excavated material, pavement restoration, and restoration of any other existing facilities damaged or destroyed during construction, is considered incidental and shall be included in the unit contract price. Page 35 Rev. 8/30/2011 8 -01 EROSION CONTROL AND WATER POLLUTION CONTROL 8 -01.4 Measurement The first sentence of section 8 -01.4 is deleted. 8 -01.5 Payment Revise as follows: 8 -02.4 Measurement Replace with the following: No specific unit of measure shall apply to the lump sum item of roadside restoration. 8 -02.5 Payment Replace with the following: 8 -14 CEMENT CONCRETE SIDEWALKS 8- 14.3(3) Placing and Finishing Concrete The first paragraph is supplemented with the following: Soil residual herbicide shall be applied to the subgrade prior to placing cement concrete. The fourth, fifth sixth paragraphs of Section 8- 14.3(3) are deleted and replaced with the following: Sidewalk ramps shall be of the type specified in the Plans. The detectable warning pattern shall have the yellow truncated dome shape and dimension shown in the WSDOT Standard Plans and shall be formed by installing a replaceable panel manufactured by "ADA Replaceable Tiles or equal. The panels shall be installed by the Contractor immediately after the concrete has been poured and prior to curing. The panels shall be installed under the direction of the Engineer. 8 -14.4 Measurement The second sentence of the first paragraph is replaced with the following: Measurement of cement sidewalk ramp will be per each for that discreet portion of the ramp containing the detectable warning panel. Surrounding sidewalk, pedestrian and traffic curbing shall be measured under the appropriate bid item. 8 -14.5 Payment (CH -12 -007) DIVISION 8 MISCELLANEOUS CONSTRUCTION "ESC Lead per day is deleted The work performed by the ESC Lead shall be included in the unit contract price for "Inlet Protection into the compost prior to application or raked into the compost immediately following application. "Roadside Restoration lump sum, shall be full pay for all work and materials required to perform the work described in this section. Page 36 Rev 8/30/2011 Supplemented with the following: "Cement Concrete Sidewalk Ramp per each Payment for any item in this section shall include all necessary excavation, including excavation of cut slopes, disposal of excavated material, application of soil residual herbicide, backfill of voids required for forming, restoration of any other existing facilities damaged or destroyed during construction. Acceptance in the field shall be based on visual inspection by the Engineer or the Engineer's representative. 8 -100 CEMENT CONCRETE ALLEY ENTRANCE NEW SECTION 8 -100.1 Description This Work shall consist of constructing the types of cement concrete alley entrances shown in the Plans and in accordance with these Specifications and the Plans. The widths of the entrances shall be noted in the Plans. When no widths is noted in the Plans, the entrance shall be constructed to the minimum dimensions shown in the Standard Plans. 8 -100.2 Materials Materials shall meet the requirements of the following sections: Portland Cement 9 -01 Aggregates 9 -03 Premolded Joint Filler 9 -04.1 8 -100.3 Construction Requirements Cement concrete alley approaches shall be constructed with air entrained concrete Class 4000 conforming to the requirements of Section 6 -02 or Portland Cement Concrete Pavement conforming to the requirements of Section 5 -05. 8 -100.4 Measurement Cement concrete alley entrance will be measured by the square yard or finished surface. 8 -100.5 Payment "Cement Conc. Alley Entrance per square yard (CH -12 -007) Alley entrance concrete may be placed, compacted, and finished using hand methods. The tools required for these operations shall be approved by the Engineer. After troweling and before edging, the surface of the alley entrance shall be brushed in a transverse direction with a stiff bristled broom. Curing of the concrete shall be in accordance with Section 5- 05.3(13). The alley entrance may be opened to traffic in accordance with Section 5- 05.3(17) When noted in the Plans, the Contractor shall construct the alley entrance in 2 or more segments to permit access to an existing driveway. At these locations, the Contactor shall provide a well graded and drained temporary approach suitable for vehicular traffic from the abutting Roadway to the existing alley and a firm surface for pedestrians crossing the approach. When the concrete in this segment of the entrance has reached the desired compressive strength, the Contractor shall route traffic over it, remove the temporary approach, and construct the remaining alley entrance segment or segments. The joints between segments shall be filled to full cross section with 3/8 -inch premolded joint filler. Page 37 Rev. 8/30/2011 Payment for any item in this section shall include all necessary excavation, including excavation of cut slopes, disposal of excavated material, application of soil residual herbicide, backfill of voids required for forming, restoration of any other existing facilities damaged or destroyed during construction 3.0 Drawings: The following listed drawings are part of this contract: OAK STREET SIDEWALK RECONSTRUCTION PLAN by 4 Seasons Engineering Inc. (7) pages. 4.0 Description of Work The proposed project will remove the existing concrete sidewalk and one catch basin on the east side of the new Country Aire Store. A 10' wide sidewalk will be placed with a concrete alley entrance and ADA ramps. 90 LF of storm pipe will be installed connecting 2 new catch basins connecting to the existing storm main. Roadway excavation 1' depth as shown on the plans with roadway rebuilt to city street standards. (CH -12 -007) Page 38 Rev 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4700 ATTACHMENT "B" INSURANCE INSURANCE INDEMNITY REQUIREMENTS FOR CONSTRUCTION AND SERVICE CONTRACTS Includes construction and remodeling, janitorial service, tree maintenance, road maintenance, painting, e lectrical work, plumbing, movers, and on site maintenance agreements. Indemnification Hold Harmless The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. No Limitation Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. (CH -12 -007) Page 39 Rev. 8/30/2011 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products- completed operations aggregate limit. Other Insurance Provision The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. G. Notice of Cancellation The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. (CH -12 -007) Page 40 Rev. 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4700 Prevailing Wage Rates Information Below: (CH -12 -007) Page 41 ATTACHMENT "C" PREVAILING WAGE RATES 1. Washington State Prevailing Wage Rates For Public Works Contracts Journey Level and Apprentices, Clallam County, effective 02/27/2012. 2. To access applicable prevailing rate of wage by trade, use the following Department Labor and Industries website link: http:/ /www.lni.wa.gov/TradesLicensing /PrevWage /WageRates /default.asp 3. A copy of the applicable prevailing wage rates can be obtained by contacting Lucy Hanley at 360 417 -4541 or by email, Ihanley ©cityofpa.us. A hard copy is available for viewing in person at 1703 South B Street, Port Angeles, WA. 98363. Rev. 8/30/2011 Jenm Dougherty Customer Service Manager NMLS 413346 Q First Federal Making a difference. Together tenni doughertyCu?ourfirsifed com 360 417 3152 Office 360 457 6793 Fax 1603 E First Street PO Box351 Port Angeles, WA 98362 800 800 1577 ourfirstfed.com ASSIGNMENT OF SAVINGS THIS AGREEMENT is for the purpose of fulfilling the following requirements: The completion of the Oak Street Sidewalk and Paving Project No. CH -12 -007 The undersigned does hereby assign, transfer, and set over unto the City of Port Angeles all right, title, and interest in and to $53,293.50 with full power and authority to demand, collect, and receive said deposit, and to give receipt and acquittance therefor, for the uses and purposes prescribed by said City of Port Angeles. The City may withdraw from the savings account identified herein in the amount necessary to perform/complete the improvements listed on the attached cost estimate, up to and including the entire amount set forth in this assignment of savings, if any of the following occur (1) The contractor(s) do(es) not complete the above stated project by Y /G ZO /L to City standards as required by the City Engineer, or It is understood and agreed that /S /4.1 holds the savings account in its possession and agrees to hold the funds until a written release of this assignment is received from the City of Port Angeles. CITY OF PORT ANGELES By: Name /Title Date Bank: -F! re By: a 2 c/ 6 (/Z N e/Title r Date Account ®3& i g b( o b Bank Address: E (D 03 E 1 s t 7 r-*- q el e5 wa 6 813(02_ OWNER(S) -6.4 24 M. neAt Name /Title Date Phone: 314 7 3 J Z. E Mail: I ef1l�l i. d D u y fr e r ow -�t 13 Cove C Users \Greg\AppData\Local\Microsoft\Windows \Temporary Internet Files \L ow\ Content.IE5 \61F413HL\Assignment of Savmgs Form[1] docx BID FORM Project Title: OAK STREET SIDEWALK AND STORM SEPERATION Project Number: CH -12 -007 BID FORM OAK STREET SIDEWALK AND STORM SEPERATION Project CH -12 -007 Item No. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 Sec No. 1 -04 1 -05 1 -07 1-09 1 -10 2 -02 2 -02 2 -02 2 -02 2 -03 2 -09 2-09 2 -12 4-04 5-04 5-04 BASE BID STREET STORM DRAINAGE SALES TAX IN UNIT BID PRICES Description of Item MINOR CHANGE SURVEYING SPILL PREVENTION CONTROL PLAN MOBILIZATION TEMPORARY TRAFFIC CONTROL REMOVE CEMENT CONCRETE CURB GUTTER REMOVE CEMENT CONC. SIDEWALK REMOVE CATCH BASIN PAVEMENT REMOVAL ROADWAY EXCAVATION INCLUDING HAUL STRUCTRUAL EXCAVATING CLASS B CRUSHED SURFACING TOP COURSE CONSTRUCTION GEOSYNTHETIC(SEPERAT ION) BALLAST HMA CL. 1.2" PG 64-22 ANTI- STRIPPING ADDITIVE Estimated Quantity 1 1 1 1 1 108 71 1 650 200 26 80 630 140 87 1 Units L.S. L.S. L.S. L.S. L.S. L.F. S.Y. EACH S.Y. C.Y. C.Y. TONS S.Y. C.Y. TONS INVOICE Unit Price (Figures) 2000 2y7;.° /Wee. oo /id." 3.V■a 37 /.S $500 Extended Amount $2000 297r. "a /6eo.a 13f/27: Vr6.°0 774" 1. OD 'O.e $500 Project: CH -12 -007 Page 3 ,76 Rev 08/30/2011 7-04 7 -05 7 -05 8-01 8 -02 8-04 8 -04 8 -14 8 -14 9 -03 SOLID WALL PVC STORM SEWERPIPE 6 IN. DIAM. NEW VALVE BOX CATCH BASIN TYPE 1 WBI- DIRECTIONAL GRATE INLET PROTECTION ROADSIDE RESTORATION CEMENT CONC ALLEY ENTRANCE CEMENT CONC. TRAFFIC CURB GUTTER CEMENT CONC. SIDEWALK CEMENT CONC. SIDEWALK RAMP GRAVEL BACKF] L FOR PIPE ZONE BEDDING 90 2 2 2 1 37 150 100 1 30 L.F. EACH EACH EA L.S. S.Y. L.F. S.Y EACH TONS Z0. 1/I3. $C oO W' s Project: CH -12 -007 Page 4 Rev 08/30/2011 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MDD/YYYY) POLICY EXP (MMIDD(YYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL UABILITY OCCUR X INSURER B C04 171563 04/08/2011 04/08/2012 EACH OCCURRENCE 1,000,000 X DAMAGE TO PREMISES (Ea RENTED 100 000 CLAIMS -MADE X MED EXP (Any one person) 5 000 PERSONAL 8 ADV INJURY 1,000,000 GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG 2 000 000 I POLICY X jRC7 X LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X C04 171563 04/08/2011 04/08/2012 COMBINED SINGLE LIMIT (Ea acadent) 1,000,000 X BODILY INJURY (Per person) BODILY INJURY (Per acadent) PROPERTY DAMAGE (Per acadent) UMBRELLA UAB EXCESS LIAB X OCCUR CLAIMS -MADE C04 171563 EXCESS LIABILITY 04/08/2011 04/08/2012 EACH OCCURRENCE 2 000 000 AGGREGATE 2 000 000 DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' UABILITY UI ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, desarbe under DESCRIPTION OF OPERATIONS Y N N I A C04 171563 NA STATE STOP GAP 04/08/2011 04/08/2012 I VVC STATU- I ER TORY LIMITS Y ER E L EACH ACCIDENT 1,000,000 I I E L DISEASE EA EMPLOYEE 1,000,000 below E L DISEASE POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS !VEHICLES (Attach ACORD 101, Additional Remarks Schedu e, if more space is required) The Certificate Holder is an additional insured with respect to the General Liability as required by written contract only per the terms of form: GL Master Pak 8416 Blanket Additional Insured. See policy for all applicable terms, conditions, endorsements and exclusions. Evidence Only. Project: Oak Street Sidewalk Paving #CB 007 City of Port Angeles Po Box 1150 Port Angeles, WA 98362 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE IMTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Andy Callis /ANDY x014 p! I.ct.I',u4 CERTIFICATE OF LIABILITY INSURANCE si�i2o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Callis Associates, Inc 806 So Vine St Port Angeles, WA 98362 Andy Callis CONTACT NAME: (AI extg (360)45 -23 l No: (360)452 -1701 E-MAIL A DDRESS: PDUCER CUSTOMER ID p: INSURER(S) AFFORDING COVERAGE NAIC 0 INSURED 2 Grade LLC. PO Box 1570 Port Angeles WA 98362 INSURER ANOrth Pacific Insurance Co INSURER B INSURER C INSURER D INSURER E INSURERF: COVERAGES CERTIFICATE NUMBER:2011 2012 REVISION NUMBER: CERTIFICATE HOLDER ACORD 25 (2009/09) INS025 (200909) CANCELLATION 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD