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HomeMy WebLinkAboutCAG-24-083 - Volume II—— Project No.:Contract No.:CAG-24-083 Contract Provisions Award Amount: Award Date:• Award To: 2024 Slurry Seal Project General Bid Information:Builders Exchange of Washington,Inc. (425)2584303 City Contact:Hebé c.Bernardo (206)503-4194 Public Works Department Transportation Division Renton city Hall—Sth Floor 1055 South Grady Way Renton,Washington 98057 App ed for Bid tyofRen on Approved for Construction Da//’ Date:city of Renton CITY OF RENTON RENTON, WASHINGTON CONTRACT PROVISIONS for the 2024 SLURRY SEAL PROJECT July 2024 CITY OF RENTON 1055 South Grady Way, Renton, WA 98057 Table of Contents Page 1 of 1 2024 TABLE OF CONTENTS VOLUME I I. CALL FOR BIDS II. INFORMATION FOR BIDDERS 1. INFORMATION AND CHECKLIST FOR BIDDERS 2. SUMMARY OF FAIR PRACTICES POLICY, CITY OF RENTON 3. SUMMARY OF AMERICANS WITH DISABILITIES ACT POLICY, CITY OF RENTON III. PROJECT DESCRIPTION IV. PROJECT PROPOSAL 1. * PROJECT PROPOSAL BID SUMMARY 2. * PROPOSAL COVER PAGE 3. * SCHEDULE OF PRICES 4. * NON-COLLUSION DECLARATION 5. * LOCAL AGENCY SUBCONTRACTOR LIST 6. * PROPOSAL FOR INCORPORATING RECYCLED MATERIALS INTO THE PROJECT 7. * CONTRACTOR CERTIFICATION, WAGE LAW COMPLIANCE – RESPONSIBILITY CRITERIA, WASHINGTON STATE PUBLIC WORKS CONTRACTS 8. * PROPOSAL SIGNATURE PAGE 9. * PROPOSAL BID BOND TO THE CITY OF RENTON IV. AGREEMENT FORMS 1. ❖ AGREEMENT 2. ❖ CONTRACT BOND TO THE CITY OF RENTON 3. ❖ FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE * SUBMIT AS PART OF THE BID. ❖ SUBMIT WITHIN 10 DAYS AFTER NOTICE OF AWARD. V. CONTRACT SPECIFICATIONS 1. SPECIAL PROVISIONS APPENDICES A – PREVAILING HOURLY MINIMUM WAGE RATES B – STANDARD PLANS C – SOLID WASTE SERVICE COLLECTION DAY FIGURE City of Renton Contract Provisions for 2024 Slurry Seal Project ______________________________________________________________________________ I. CALL FOR BIDS CITY OF RENTON CAG-24-083 2024 Slurry Seal Project Call for Bids Page 1 of 1 CALL FOR BIDS Sealed bids will be received until 2:00 PM on Tuesday, July 16, 2024, at the lobby of Renton City Hall, 1055 South Grady Way, Renton, WA 98057. All supplemental documents, that are allowed to be submitted after this date and time, shall be received at the lobby of Renton City Hall. The bids will be opened and publicly read via Zoom video-conferencing web application at 2:00 PM, Wednesday, July 17, 2024. Any bids received after the published bid submittal time cannot be considered and will not be accepted. The bid opening meeting can be accessed by clicking the following link to join the Zoom meeting: hƩps://us02web.zoom.us/j/85310635549?pwd=bOYhogWaVUhH4icDpOxakn5nPUeIno.1 Via telephone by dialing: 253-251-8782, Meeting ID: 853 1063 5549, Passcode: 160137 Zoom is free to use and is available at https://zoom.us/. Approved plans, specifications, addenda, and plan holders list for this project are available on-line through Builders Exchange of Washington, Inc., at http://www.bxwa.com. Click on bxwa.com; Posted Projects; Public Works; City of Renton; Projects Bidding. (Note: Bidders are encouraged to Register as a Bidder, in order to receive automatic email notification of future addenda and to be placed on the Bidders List). Contact Builders Exchange of Washington at 425-258-1303 should you require further assistance. The City of Renton in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. The improvement for which bids will be received is described below: The work to be performed under these specifications consists of furnishing all labor, tools, materials, and equipment necessary for construction of the 2024 SLURRY SEAL PROJECT. This contract provides for the preparation and installation of Slurry Seal Type II to existing asphalt streets, pavement marking removal and replacement, street surface preparation, herbicide application, vegetation trimming, street sweeping and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications. The estimated cost for this project is $850,000. Jason A. Seth, City Clerk Published: July 2, 2024, and July 9, 2024 Daily Journal of Commerce City of Renton Contract Provisions for 2024 Slurry Seal Project ______________________________________________________________________________ II. INFORMATION FOR BIDDERS Information and Checklist for Bidders Page 1 of 3 2024 INFORMATION AND CHECKLIST FOR BIDDERS The following supplements the information in the Call for Bids: 1. Special Project Information. The Contract Documents, including Standard Specifications, and all applicable laws and regulations apply to this project. The following items particular to this project are repeated here for emphasis: a. Prevailing Wages. This project does not include federal funding. Therefore, only State Prevailing Wages must be paid on this project. The Prevailing Wages in effect at time of Advertisement are provided in Appendix B. It is the Bidder’s responsibility to obtain wage information for any work classifications that are not included. b. Traffic Control, Hours of Work and Street Closure. Refer to Special Provision Section 1- 07.23 for duration, requirements and restrictions, and Section 1-08.2(2) for Hours of Work. 2. Any prospective Bidder desiring an explanation or interpretation of the Bid Documents, shall request the explanation or interpretation in writing by the close of business five (5) business days preceding the bid opening to allow a written reply t o reach all prospective Bidders before the submission of their Bids. Oral explanations, interpretations, or instructions given by anyone before the Award of Contract will not be binding on the City of Renton. 3. If a bidder has any questions regarding the project, the bidder may • Submit questions via e-mail: mailto: hbernardo@rentonwa.gov. Put “2024 Sully Seal Project” in the subject line No other type of inquiry will be accepted. 4. All bids must be self -explanatory. Partial bids will not be accepted. No opportunity will be offered for oral explanation except as the City of Renton may request further information on particular points. The bidder shall, upon request, furnish information to the City of Renton as to their financial and practical ability to satisfactorily perform the work. 5. The construction contract will be awarded by the City of Renton to the lowest responsible, responsive bidder. The total bid amount of all schedules combined will be used to determine the low bidder. 6. The City of Renton reserves the right to reject any and all bids or waive any and/or all informalities. 7. Payment for this work will be made in cash warrants. 8. Bidders are not required to be in possession of a current City of Renton business license in order to bid on City projects. However, Contractors and all subcontractors of all tiers must Information and Checklist for Bidders Page 2 of 3 2024 be in possession of a current City business license while conducting work in the City. 9. Bidding Checklist Each bid must be submitted in a sealed envelope bearing on the outside the name and address of the Bidder, and the name and number of the project for which the bid is submitted. It is the responsibility of each bidder to ascertain if all the documents listed below and in the Table of Contents are included in their copy of the Contract Provisions. If documents are missing, it is the sole responsibility of the Bidder to contact the City of Renton to obtain th e missing documents prior to the date and time that bids are due. The following forms and documents shall be submitted with the bid. a. Project Proposal Bid Summary - The form included in these Bid Documents must be used; no substitute will be accepted. b. Proposal Cover Page – The form included in these Bid Documents must be used; no substitute will be accepted. c. Schedule of Prices – The form(s) included in these Bid Documents must be used; no substitute will be accepted. Bidders must bid on all schedules and items shown on the Schedule of Prices. If any unit price is left blank, it will be considered no charge for that bid item, regardless of what has been placed in the extension column. d. Non-Collusion Declaration – The form included in these Bid Documents must be used; no substitute will be accepted. e. Local Agency Subcontractor List - This form is available at http://wsdot.wa.gov/forms/pdfForms.html. Bidder may download, print and complete the form to include with Bid. The DOT Form, DOT Form Number and revision date must match the form included in these Bid Documents, otherwise the Bid will be considered irregular and non-responsive and the Bid will be rejected. f. Proposal for Incorporating Recycled Materials into the Project – The form included in these Bid Documents must be used; no substitute will be accepted. g. Contractor Certification, Wage Law Compliance – Responsibility Criteria, Washington State Public Works Contracts – This form is available at http://wsdot.wa.gov/forms/pdfForms.html. Bidder may download, complete, print and sign the form to include with Bid. The DOT Form, DOT Form Number and revision date must match the form included in these Bid Documents, otherwise the Bid will be considered irregular and non-responsive and the Bid will be rejected. h. Proposal Signature Page – The form included in these Bid Documents must be used; no substitute will be accepted. Evidence of signatory’s authority to sign the Proposal on Information and Checklist for Bidders Page 3 of 3 2024 behalf of the business entity shall be submitted with the Bid. Otherwise, the submitted Bid will be considered irregular and non -responsive and the Bid may be rejected. i. Proposal Bid Bond to the City of Renton – The form included in these Bid Documents must be used; no substitute will be accepted. If an attorney-in-fact signs bond, the power of attorney authorizing such execution must be current and enforceable, be properly executed by the Surety in accordance with the Surety’s by-laws or other applicable rules and resolutions, and include all necessary corporate seals, signatures, and notaries. 10. Contract Checklist The following documents are to be executed by the successful Bidder after the Contract is awarded. a. Agreement – The form included in these Bid Documents must be used; no substitute will be accepted. Two originals shall be executed by the successful Bidder. b. Contract Bond – The form included in these Bid Documents must be used; no substitute will be accepted. Two originals shall be executed by the successful Bidder and its surety company. This bond covers successful completion of all work and payment of all laborers, subcontractors, suppliers, etc. If an attorney-in-fact signs bond, the power of attorney authorizing such execution must be current and enforceable, be properly executed by the Surety in accordance with the Surety’s by-laws or other applicable rules and resolutions, and include all necessary corporate seals, signatures, and notaries. c. Fair Practices Policy Affidavit of Compliance – The form included in these Bid Documents must be used; no substitute will be accepted. d. Certificates of Insurance – To be executed by an insurance company acceptable to the City, on ACORD Forms. Required coverages are listed in Section 1-07.18 of the Special Provisions. The City of Renton shall be named as “Additional Insured” on the insurance policies as well as the entities listed in Section 1 -07.18(2) of the Special Provisions. e. Retainage – Refer to Standard Spec. Section 1-09.9(1), Retainage. 2024 Slurry Seal Project Summary of Fair Practices Policy Page 1 of 1 2024 2024 Slurry Seal Projecr Summary of American Disabilities Act Policy Page 1 of 1 2024 City of Renton Contract Provisions for 2024 Slurry Seal Project III.PROJECT DESCRIPTION ID Street Name From Street To Street Leght Width Area (SF)Area (SY) Double Profiled Yellow Centerline Per WSDOT STD Plan M- 20.20-02. (LF) Do not Block white crosshatch line Intersection Marking - Per Figure 3B-24, Do not Block Intersection Markings of the MUTCD, 11th edition (EA) Profiled White Line per Per WSDOT STD Plan M- 20.20-02. (LF) Profiled White Wide Line per Per WSDOT STD Plan M-20.20- 02. (LF) Cross walk line per City of Renton Standard Plan 127 (SF) Stop Line Per City of Renton Standard Plan 109 Type 3 SL (left) traffic arrow per WSDOT Sta Plan M 24.40- 02. Type 2 SR (right) traffic arrow per WSDOT Sta Plan M 24.40-02. RPMs Type 2 Per WSDOT STD Plan M-20.30-04. (EA) 1 NE 33rd Pl Monterey Ln NE Aberdeen Ave NE 198 31 6138 682 2 NE 34th Pl Monterey Ct NE Monterey Ln NE 153 32 4896 544 3 Aberdeen Ave NE Aberdeen Ave NE NE 33rd St. 439 33 14487 1610 4 Monterey Ave NE NE 19th Pl NE 20th St 287 32 9184 1020 16 5 NE 19th Pl EOR W Monterey Ave NE 263 29 7627 847 6 Monterey Ave NE NE 19th Pl NE 17th Pl 553 32 17696 1966 7 NE 17th Pl EOC W Monterey Ave NE 288 32 9216 1024 8 Jones Ave NE NE 20th St NE 324th St 1229 21 25809 2868 1212 9 109th Ave SE SE 179th Pl SE Petrovitsky Rd 1209 20 24180 2687 12 10 118th Ave SE SE 180th St SE 176th Ct 1320 30 39600 4400 230 11 Newport Ct SE SE 16th Pl EOC N 351 30 10530 1170 12 Kennewick Cir SE SE 18th Pl EOC NE 175 20 3500 389 13 SE 186th St 120th Ave SE EOR SE 843 26 21918 2435 14 SE 18th Pl Kennewick Cir SE Lincoln Cr. SE 358 32 11456 1273 15 SE 184th Pl EOC W 112 Ave SE 548 20 10963 1218 16 110th Pl SE EOR S SE 170th St 235 30 7050 783 17 SE 170th St 110th Pl SE SE 109th PL SE 373 30 11190 1243 18 121st Ln SE SE 175th Ln SE 175th St 170 33 5610 623 19 SE 180th St 105th Pl SE 108th Ave SE 752 32 24064 2674 1278 1 278 330 26 2 2 32 20 SE 169th Pl 109th Pl SE EOC NE 594 25 14850 1650 21 109th Pl SE SE 170th St.SE 169th Pl 157 25 3925 436 22 114th Ln SE SE 171st Pl SE 171st St 197 21 4137 460 23 SE 172nd St 105th Ave SE 106th Ave SE 376 33 12408 1379 446 24 113th Way SE 114th Ct SE SE 188th Pl 470 28 13160 1462 25 112th Ave SE SE 179th St EOC N 1077 33 35541 3949 26 Shelton Ave NE Shelton Ave NE EOC E 192 20 3840 427 27 Shelton Ave NE NE 7th St NE 7th St 260 26 6760 751 28 Edmonds Ave NE NE 1st St NE 3rd St 564 31 17484 1943 2 29 Field Ave NE NE Sunset Blvd Field Pl NE 958 36 34488 3832 30 Field Ave NE Field Pl NE NE 19th CT 34 215 7310 812 31 Queen Ave NE NE 5th St NE 5th Ct 456 31 14136 1571 32 Queen Ave NE NE 5th Ct NE 6th St 136 17 2312 257 33 Redmond Pl NE NE 12th St NE sunset Blvd 1314 33 43362 4818 315 Project Description: This Contract provides for the preparation and installation of Slurry Seal Type II to existing asphalt streets, pavement marking removal and replacement, street surface preparation, herbicide application, vegetation trimming, street sweeping and other work, all in accordance with these Contract Provisions, and the Standard Specifications. Interactive map available at: Kennydale Community Planning Area Benson Community Planning Area Highlands Community Planning Area https://maps.rentonwa.gov/Html5viewer/Index.html?viewer=COR_Maps_2024.HTML5&project=56ad51e33485489d8a9a46f128759a90 ID Street Name From Street To Street Leght Width Area (SF)Area (SY) Double Profiled Yellow Centerline Per WSDOT STD Plan M- 20.20-02. (LF) Do not Block white crosshatch line Intersection Marking - Per Figure 3B-24, Do not Block Intersection Markings of the MUTCD, 11th edition (EA) Profiled White Line per Per WSDOT STD Plan M- 20.20-02. (LF) Profiled White Wide Line per Per WSDOT STD Plan M-20.20- 02. (LF) Cross walk line per City of Renton Standard Plan 127 (SF) Stop Line Per City of Renton Standard Plan 109 Type 3 SL (left) traffic arrow per WSDOT Sta Plan M 24.40- 02. Type 2 SR (right) traffic arrow per WSDOT Sta Plan M 24.40-02. RPMs Type 2 Per WSDOT STD Plan M-20.30-04. (EA) 34 NE 24th St City Limits NE 24th Ct 567 33 18711 2079 35 NE 20th St.Kirkland Ave NE Kirkland Pl NE 403 21 8463 940 24 36 Kirkland Pl NE NE 20th St EOC S 688 25 17200 1911 37 Bremerton Ave NE 18th St NE NE 21th St 636 34 21624 2403 16 38 NE 18th St Bremerton Ave NE NE 18th St. 291 32 9312 1035 39 NE 21st Pl Bremerton Ave NE EOC E 641 32 20512 2279 40 NE 19th St Bremerton Ave NE Chelan Pl NE 486 32 15552 1728 41 A St NE 4th Ct NE 4th Cir 343 24 8232 915 42 Elma Ave NE NE 1st Pl NE 1st Ct 232 30 6960 773 43 NE 1st St. Duval Elma 382 30 11460 1273 24 44 Redmond Ave NE NE 9th St NE 10th St 258 28 7224 803 48 45 NE 21st St Harrington Pl NE EOR E 283 20 5660 629 46 Bremerton Ave NE NE 6th Pl NE 7th St 315 34 10710 1190 47 Anacortes Ave SE SE 4th St SE 3rd Pl 289 26 7514 835 48 Glennwood Ct NE Ferndale Ave NE EOC NE 443 20 8860 984 49 NE 10th Pl Anacortes Ct NE Anacortes Ave NE 254 32 8128 903 50 Ferndale Ave NE NE 5th Pl NE 6th pl 271 26 7046 783 51 Queen Pl NE EOC S NE 19th St 447 27 12069 1341 52 NE 5th Ct Union Ave NE Vashon Pl NE 527 33 17391 1932 32 53 NE 13th St Dayton Pl NE Edmonds Ave NE 179 33 5907 656 54 Field Ave NE NE 19th CT NE 20th St 389 34 13226 1470 55 NE 20th St Field Ave NE Hoquiam Ave NE 115 34 3910 434 56 Hoquiam Ave NE NE 20th St End of Culdesac 338 30 10140 1127 57 NE 20th St Hoquiam Ave NE Hoquiam PL NE 248 34 8432 937 58 Hoquiam PL NE NE 20th St End of Culdesac 605 30 18150 2017 59 NE 19th St Hoquiam PL NE End of Culdesac 395 34 13430 1492 60 NE 20th St Hoquiam PL NE Ilwaco Ave NE 288 34 9792 1088 61 NE 20th St Ilwaco Ave NE End of road east 146 30 4380 487 62 NE 18th CT Ilwaco Ave NE End of Culdesac 341 30 10230 1137 63 Ilwaco Ave NE NE 20th St Ilwaco Ave NE 311 30 9330 1037 17 64 Ilwaco Ave NE NE 18th Ct.Ilwaco Ave NE 354 33 11682 1298 65 Ilwaco Ave NE Bulo OutIlwaco Ave NE Ilwaco Ave NE 212 33 6996 777 66 Field Pl NE Field Ave NE NE 18TH Ct. 739 30 22170 2463 67 NE 18th Ct Field Pl NE End of Culdesac 345 30 10350 1150 68 Field Pl NE NE 17th Ct NE 18th Ct 461 30 13830 1537 69 NE 17th St Field Pl NE Hoquiam PL NE 149 30 4470 497 70 Hoquiam PL NE NE 17th St End of Culdesac 293 30 8790 977 71 NE 17th St Hoquiam PL NE Ilwaco Ave NE 382 32 12224 1358 72 Ilwaco Ave NE Ilwaco Ave NE NE 17th St 456 30 13680 1520 73 Ilwako NE Bulb Ilwaco Ave NE Ilwaco Ave NE 189 33 6237 693 74 Ilwaco Ave NE NE 16th St End of Culdesac 582 33 19206 2134 75 Ilwaco Ave NE NE 16th St NE 17th St 211 32 6752 750 76 NE 16th St Ilwaco Ave NE Lyons Pl NE 735 30 22050 2450 77 137Th Ter 160th Ave SE 161st Pl SE 512 24 12288 1365 78 158th Ave SE CL S NE 4th St 343 23 7889 877 79 Lyons Ave NE EOC SE NE 13th St 339 20 6780 753 80 Pasco Pl NE NE 7th Pl EOR N 145 24 3480 387 81 Pasco Pl NE NE 7th St NE 7th Pl 329 25 8225 914 East Plateau Community Planning Area ID Street Name From Street To Street Leght Width Area (SF)Area (SY) Double Profiled Yellow Centerline Per WSDOT STD Plan M- 20.20-02. (LF) Do not Block white crosshatch line Intersection Marking - Per Figure 3B-24, Do not Block Intersection Markings of the MUTCD, 11th edition (EA) Profiled White Line per Per WSDOT STD Plan M- 20.20-02. (LF) Profiled White Wide Line per Per WSDOT STD Plan M-20.20- 02. (LF) Cross walk line per City of Renton Standard Plan 127 (SF) Stop Line Per City of Renton Standard Plan 109 Type 3 SL (left) traffic arrow per WSDOT Sta Plan M 24.40- 02. Type 2 SR (right) traffic arrow per WSDOT Sta Plan M 24.40-02. RPMs Type 2 Per WSDOT STD Plan M-20.30-04. (EA) 82 NE 7th Pl Nile Ave NE Pasco Pl. NE 785 18 14130 1570 83 Jericho Ave NE NE 5th Pl NE 6th St 340 18 6120 680 84 NE 5th PL Ilwako Ave NE Jericho Ave NE 302 31 9362 1040 85 NE 3rd St Hoquiam Ave NE Jericho Ave NE 679 33 22407 2490 28 86 Lyons Pl NE NE 5th Cir NE 6th St 539 22 11858 1318 87 Shadow Ave NE NE 5th Ct NE 6th St 159 31 4929 548 16 88 Lyons Ave SE SE 1st Pl NE 1st St 332 31 10292 1144 215 12 89 Hoquiam Ave NE NE 1st Ct NE 2nd St 335 31 10385 1154 90 163rd Ave SE SE 141st St SE 140th St 278 24 6672 741 91 Lyons Pl NE NE 16th St NE 17th St 152 29 4408 490 18 92 NE 17th St Lyons Pl NE Lyons Ave NE 236 30 7080 787 93 Lyons Ave NE NE 17th St End of Culdesac 527 30 15810 1757 94 NE 17th St Lyons Ave NE Mt Baker Ave NE 160 29 4640 516 95 Mt Baker Ave NE NE 17th St End of Culdesac 433 30 12990 1443 96 NE 17th St Mt Baker Ave NE Mt Baker Pl NE 120 31 3720 413 97 Mt Baker PL NE NE 17th St End of Road 197 28 5516 613 98 NE 17th St Mt Baker Pl NE 148th Ave SE 242 30 7260 807 16 99 NE 17th St Lyons Pl NE Bulb Out 351 30 10530 1170 100 Kitsap Pl NE Bulb Out End of Road North 493 30 14790 1643 101 SE 187th Pl EOC West EOC E 958 30 28740 3193 102 103rd Ave SE S 36th Pl Cedar Ave SE 151 33 4983 554 103 SE 187th Ct 104th Pl SE EOC E 222 65 14430 1603 104 104th Pl SE SE 187th Pl SE 187th Ct. 240 32 7680 853 105 102nd Ave SE SE 190th St SE 188th St 603 33 19899 2211 106 S 47th Pl Main Ave S EOR W 550 33 18150 2017 20 107 SE 196th St EOR W 106th Ave SE 652 15 9780 1087 108 S 26th St Talbot Rd S Shattuck Ct S 423 34 14382 1598 109 Shattuck Ct S S 26th St End of Road 134 32 4288 476 90 6 110 S 26th St Shattuck Ct S Whitworth Ct S 155 34 5270 586 40 2 111 Whitworth Ct S S 26th St End of Culdesac 395 30 11850 1317 112 S 26th St Whitworth Ct S Morris Ave S 291 34 9894 1099 50 6 113 Morris Ave S S 26th St S 26th Ct 226 30 6780 753 114 S 26th Ct Morris Ave S End of Culdesac 299 30 8970 997 115 Morris Ave S S 26th Ct S 25th St 173 30 5190 577 116 S 25th St Morris Ave S Smithers Ave S 321 30 9630 1070 117 S 25th St Smithers Ave S Burnett Ct S 226 30 6780 753 118 Burnett Ct S S 25th St End of Culdesac 415 30 12450 1383 119 Smithers Ave S S 25th St S 27th St 596 30 17880 1987 120 S 27th St Smithers Ave S End of Road 438 34 14892 1655 121 S 27th St Smithers Ave S Morris Ave S 354 34 12036 1337 122 Morris Ave S S 26th St S 27th Ct 137 34 4658 518 16 123 S 27th Ct Morris Ave S End of Culdesac 355 30 10650 1183 124 Morris Ave S S 27th Ct S 27th St 275 34 9350 1039 125 Morris Ave S S 27th St S 28th Ct 270 34 9180 1020 126 S 28th Ct Morris Ave S End of Culdesac 556 30 16680 1853 127 Morris Ave S S 28th Ct S 29th Ct 307 34 10438 1160 128 S 29th Ct Morris Ave S End of Culdesac 519 30 15570 1730 129 Morris Ave S S 29th Ct S 30th Pl 249 34 8466 941 Talbot Community Planning Area ID Street Name From Street To Street Leght Width Area (SF)Area (SY) Double Profiled Yellow Centerline Per WSDOT STD Plan M- 20.20-02. (LF) Do not Block white crosshatch line Intersection Marking - Per Figure 3B-24, Do not Block Intersection Markings of the MUTCD, 11th edition (EA) Profiled White Line per Per WSDOT STD Plan M- 20.20-02. (LF) Profiled White Wide Line per Per WSDOT STD Plan M-20.20- 02. (LF) Cross walk line per City of Renton Standard Plan 127 (SF) Stop Line Per City of Renton Standard Plan 109 Type 3 SL (left) traffic arrow per WSDOT Sta Plan M 24.40- 02. Type 2 SR (right) traffic arrow per WSDOT Sta Plan M 24.40-02. RPMs Type 2 Per WSDOT STD Plan M-20.30-04. (EA) 130 S 30th Pl Morris Ave S End of Culdesac 390 30 11700 1300 131 Morris Ave S S 30th Pl S 30th Ct 237 34 8058 895 132 S 30th Ct Morris Ave S End of Culdesac 366 33 12078 1342 133 Morris Ave S S 30th Ct S 31st Ct 181 34 6154 684 134 S 31st Ct Morris Ave S End of Culdesac 460 33 15180 1687 135 S 31st St S 31st Ct Smithers Ct S 545 34 18530 2059 136 Smithers Ct S S 31st St End of Culdesac 298 33 9834 1093 137 S 31st St Smithers Ct S Whitworth Ave S 310 35 10850 1206 138 S 31st St Whitworth Ave S End of Culdesac 643 30 19290 2143 139 Whitworth Ave S S 31st St S 30th Pl 255 34 8670 963 140 S 30th Pl Whitworth Ave S End of Culdesac 310 30 9300 1033 141 Whitworth Ave S S 30th Pl S 29th Pl 252 34 8568 952 142 S 29th Pl Whitworth Ave S End of Culdesac 352 30 10560 1173 143 Whitworth Ave S S 29th Pl S 28th Pl 497 34 16898 1878 144 S 28th Pl Whitworth Ave S End of Culdesac 406 30 12180 1353 145 S 27th Pl S 28th Pl Talbot Rd S 380 33 12540 1393 146 S 3rd Aly Shattuck Ave S Whitworth Ave S 315 15 4725 525 147 140th Ct SE SE 158th St EOC S 354 33 11682 1298 148 SE 157th st SE 157th St SE 156th Ct 157 25 3925 436 149 SW 3rd Pl Thomas Ave SW Earlington Ave SW 620 19 11780 1309 24 City Center Community Planning Area West Hill Community Planning Area Cedar River Community Planning Area 16,110 1,343 2024 Slurry Seal Treatment Map 1 Kennydale Community Planning Area Legend 9130456 Feet Notes 913 WGS_1984_Web_Mercator_Auxiliary_Sphere All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. Streets Parks Waterbodies Designated Neighborhoods 2021.sid Red: Band_1 Green: Band_2 Blue: Band_3 36,112 3,009 2024 Slurry Seal Treatment Map 2 Benson Community Planning Area Legend 2,04601,023 Feet Notes 2,046 WGS_1984_Web_Mercator_Auxiliary_Sphere All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. Streets Parks Waterbodies Designated Neighborhoods 2021.sid Red: Band_1 Green: Band_2 Blue: Band_3 36,112 3,009 2024 Slurry Seal Treatment Map 3 Benson Community Planning Area Legend 2,04601,023 Feet Notes 2,046 WGS_1984_Web_Mercator_Auxiliary_Sphere All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. City and County Boundary Renton <all other values> Streets Parks Waterbodies Designated Neighborhoods 2021.sid Red: Band_1 Green: Band_2 Blue: Band_3 36,112 3,009 2024 Slurry Seal Treatment Map 4 East Plateau Community Planning Area Legend 2,04601,023 Feet Notes 2,046 WGS_1984_Web_Mercator_Auxiliary_Sphere All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. City and County Boundary Renton <all other values> Streets Parks Waterbodies Designated Neighborhoods 2021.sid Red: Band_1 Green: Band_2 Blue: Band_3 36,112 3,009 2024 Slurry Seal Treatment Map 5 Talbot Community Planning Area Legend 2,04601,023 Feet Notes 2,046 WGS_1984_Web_Mercator_Auxiliary_Sphere All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. City and County Boundary Renton <all other values> Streets Parks Waterbodies Designated Neighborhoods 2021.sid Red: Band_1 Green: Band_2 Blue: Band_3 18,056 1,505 2024 Slurry Seal Treatment Map 6 City Center Planning Area Legend 1,0230512 Feet Notes 1,023 WGS_1984_Web_Mercator_Auxiliary_Sphere All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. City and County Boundary Renton <all other values> Streets Parks Waterbodies Designated Neighborhoods 2021.sid Red: Band_1 Green: Band_2 Blue: Band_3 9,028 752 2024 Slurry Seal Treatment Map 7 Cedar River Community Planning Area Legend 5120256 Feet Notes 512 WGS_1984_Web_Mercator_Auxiliary_Sphere All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. City and County Boundary Renton <all other values> Pavement Management 2022 Streets Parks Waterbodies 2021.sid Red: Band_1 Green: Band_2 Blue: Band_3 9,028 752 2024 Slurry Seal Treatment Map 8 West Hill Community Planning Area Legend 5120256 Feet Notes 512 WGS_1984_Web_Mercator_Auxiliary_Sphere All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. City and County Boundary Renton <all other values> Pavement Management 2022 Streets Parks Waterbodies 2021.sid Red: Band_1 Green: Band_2 Blue: Band_3 City of Renton Contract Provisions for 2024 Slurry Seal Project ______________________________________________________________________________ IV. PROJECT PROPOSAL Proposal Cover Page Page 1 of 1 2024 PROPOSAL COVER PAGE 2024 Slurry Seal Project TO THE CITY OF RENTON RENTON, WASHINGTON Ladies and/or Gentlemen: The undersigned (Bidder) hereby certify that the Bidder has examined the location and construction details of the proposed work, has read and thoroughly understands the Contract Documents governing the work, and the nature of the work, and the method by which payment will be made for said work. Bidder hereby proposes to undertake and complete the work detailed in and in accordance with these Contract Documents, for the Total Bid Amount shown on the attached Schedule of Prices. The Bidder understands that the quantities mentioned herein are approximate only and are subject to increase or decrease, and hereby proposes to perform all quantities of work as either increased or decreased in accordance with the Contract Documents. As evidence of good faith, pursuant to RCW 35.23.352(1), an original Bid Proposal Deposit in the form of (check one)  bid bond, or  cashier's check (made payable to the City of Renton), or  postal money order (made payable to the City of Renton), in an amount equal to five percent (5%) of the Total Bid Amount, is attached hereto. If a bid bond is signed by an attorney-in-fact, Bidder agrees that the power of attorney authorizing such execution must be current and enforceable, be properly executed by the Surety in accordance with the Surety’s by-laws or other applicable rules and resolutions, and include all necessary corporate seals, signatures, and notaries. Bidder understands that Contract Award or Bid rejection will occur within 45 calendar days after the opening of bids, as specified in Section 1-03.2 of the Standard Specifications. Bidder further understands that should Bidder fail to enter into this contract in accordance with his or her Bid and furnish a contract bond within a period of ten (10) days from the date at which he or she is notified that he or she is the successful bidder, the Bid Proposal Deposit shall be forfeited to the City of Renton, as set forth in RCW 35A.40.200 and RCW 35.23.352 Bidder hereby agrees to complete the Physical Work in all respects within 55 working days. Contract time shall begin on the first working day following the Notice to Proceed date. City of Renton Contract Provisions for 2024 Slurry Seal Project ______________________________________________________________________________ III. PROJECT PROPOSAL BID SUMMARY Project Name: 2024 Slurry Seal Project City Contract Number: CAG-22-062 Company: Address: Telephone Number: E-mail Address: Total Bid Amount: $ ITEM NO.ITEM DESCRIPTION SPEC. SECTION UNIT QUANTITY UNIT PRICE* EXTENSION 1 MOBILIZATION, CLEANUP & DEMOBILIZATION 1-09 LS 1 2 SHOULDER & STREET PREPARATION 2-01 FA 1 5,000.00 3 CRACK SEAL 5-04 FA 1 7,000.00 4 MINOR CHANGE 1-04 FA 1 10,000.00 5 PROJECT TEMPORARY TRAFFIC CONTROL 1-10 LS 1 6 REMOVAL OF PAVEMENT MARKINGS & MARKERS 8-22 LS 1 7 STREET SWEEPING 2-01 LS 1 8 SLURRY SEAL, TYPE 2 5-03 SY 193,314 9 RAISED PAVEMENT MARKER TYPE 2 8-09 HUN 0.86 10 PROFILED PLASTIC WIDE LINE 8-22 LF 755 11 PROFILED PLASTIC LINE 8-22 LF 724 12 PLASTIC STOP LINE 8-22 LF 401 13 PLASTIC CROSSWALK LINE 8-22 SF 875 14 PLASTIC DO NOT BLOCK INTERSECTION MARKING 8-22 EA 1 15 PLASTIC TRAFFIC ARROW 8-22 EA 6 TOTAL BID AMOUNT = *NOTE: All applicable sales tax shall be included in the unit and lump sum bid price per section 1-07.2(1) and WAC 458-20-171. SCHEDULE OF PRICES 2024 Slurry Seal Project ALL ENTRIES SHALL BE WRITTEN IN INK OR TYPED TO VALIDATE BID NOTE: Unit prices for all items, all extensions, and total amount of bid shall be shown. Enter unit prices in numerical figures only, in dollars and cents to two (2) decimal places (including whole dollar amounts). All figures must be clearly legible. Bids with illegible figures in the Unit Price column will be regarded as nonresponsive and rejected. Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. Page 1 of 1 Schedule of Prices 2024 Page 1 of 1 2024 Local Agency Subcontractor List Prepared in compliance with RCW 39.30.060 as amended To Be Submitted with the Bid Proposal Project Name Failure to list subcontractors with whom the bidder, if awarded the contract, will directly subcontract for performance of the work of structural steel installation, rebar installation, heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical, as described in Chapter 19.28 RCW or naming more than one subcontractor to perform the same work will result in your bid being non-responsive and therefore void. Subcontractor(s) with whom the bidder will directly subcontract that are proposed to perform the work of structural steel installation, rebar installation, heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor(s) name. To the extent the Project includes one or more categories of work referenced in RCW 39.30.060, and no subcontractor is listed below to perform such work, the bidder certifies that the work will either (i) be performed by the bidder itself, or (ii) be performed by a lower tier subcontractor who will not contract directly with the bidder. Subcontractor Name Work to be performed Subcontractor Name Work to be performed Subcontractor Name Work to be performed Subcontractor Name Work to be performed Subcontractor Name Work to be performed * Bidder’s are notified that it is the opinion of the enforcement agency that PVC or metal conduit, junction boxes, etc, are considered electrical equipment and therefore considered part of electrical work, even if the installation is for future use and no wiring or electrical current is connected during the project. DOT Form 271-015A Revised 06/2020 APWA-WA Division 1 Committee rev. 5/13/2022 Proposal for Incorporating Recycled Materials into the Project In compliance with RCW 70A.205.700, the Bidder shall propose below, the total percent of construction aggregate and concrete materials to be incorporated into the Project that are recycled materials. Calculated percentages must be within the amounts allowed in Section 9-03.21(1)E, Table on Maximum Allowable Percent (By Weight) of Recycled Material, of the Standard Specifications. Proposed total percentage: _____________________________ percent. Note: Use of recycled materials is highly encouraged within the limits shown above, but does not constitute a Bidder Preference, and will not affect the determination of award, unless two or more lowest responsive Bid totals are exactly equal, in which case proposed recycling percentages will be used as a tie-breaker, per the APWA GSP in Section 1-03.1 of the Special Provisions. Regardless, the Bidder’s stated proposed percentages will become a goal the Contractor should do its best to accomplish. Bidders will be required to report on recycled materials actually incorporated into the Project, in accordance with the APWA GSP in Section 1-06.6 of the Special Provisions. Bidder: Signature of Authorized Official: Date: Contractor Certification Wage Law Compliance - Responsibility Criteria Washington State Public Works Contracts FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD I hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that, to the best of my knowledge and belief, this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the Call for Bids. Bidder Name: Name of Contractor/Bidder - Print full legal entity name of firm By: Signature of authorized person Print Name of person making certifications for firm Title: Title of person signing certificate Place: Print city and state where signed Date: Form 272-009 08/2017 2024 Slurry Seal Project Proposal Signature Page Page 1 of 2 2024 PROPOSAL SIGNATURE PAGE 2024 Slurry Seal Project By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum No. Date of Receipt Addendum No. Date of Receipt 1 3 2 4 NOTE: A Proposal may be considered irregular and may be rejected if the receipt of Addenda is not acknowledged. The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. [Signature of Authorized Official] * [Business Name] [Printed Name] [Address Line 1] [Title] [Address Line 2] [Date] [Telephone Number] * NOTE: Evidence of the signatory’s authority to sign the Proposal on behalf of the business entity shall be submitted with the Bid. Otherwise, the submitted Bid will be considered irregular and non -responsive and the Bid may be rejected. NOTE: The address and phone number listed above will be used for all communications regarding this proposal. Type of business entity (e.g. corporation, partnership, etc.): State of Incorporation, or State where business entity was formed: 2024 Slurry Seal Project Proposal Signature Page Page 2 of 2 2024 WA State Contractor’s Registration # UBI # Industrial Insurance Account # Employment Security Department # State Excise Tax Registration # DUNS # N/A The Surety Company which will furnish the required Contract Bond is [Surety] [Address Line 1] [Telephone Number] [Address Line 2] 2024 Slurry Seal Project Proposal Bid Bond to the City of Renton Page 1 of 2 2024 PROPOSAL BID BOND TO THE CITY OF RENTON KNOW ALL MEN BY THESE PRESENTS, That we, [Bidder] _________________________________ of [address] ______________________________________________________ as Principal, and [Surety] _________________________________________ a corporation organized and existing under the laws of the State of ________________________ as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as Surety, are jointly and severally held and firmly bound unto the City of Renton in the full sum of five (5) percent of the total bid amount of the proposal of said Principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind ourselves and our heirs, executors, administrators and assigns, and successors and assigns, jointly and severally, firmly by these presents. The condition of the bond is such, that whereas the Principal herein is herewith submitting his/her or its sealed proposal for the following public works construction project, to wit: 2024 Slurry Seal Project said bid and proposal, by reference thereto, being made a part hereof. NOW, THEREFORE, If the said proposal bid by said Principal be accepted, and the contract be awarded to said Principal, and if said Principal shall duly make and enter into and execute said contract and shall furnish contract bond as required by the City of Renton within a period of ten (10) days from and after said award, exclusive of the day of such award, then this obligation shall be null and void, otherwise it shall remain and be in full force and effect. IN THE EVENT, the Principal, following award, fails to execute an Agreement with the City of Renton in accordance with the terms of the Proposal and furnish a contract bond with Surety or Sureties approved by the City of Renton within ten (10) days from and after said award, then Principal shall forfeit the Bid Bond/Bid Proposal Deposit or Surety shall immediately pay and forfeit to the City of Renton the amount of the Proposal Bid Bond, as set forth in RCW 35A.40.200 and RCW 35.23.352. This Proposal Bid Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County, Washington. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be signed and sealed this ________ day of ____________________, 20______. 2024 Slurry Seal Project Proposal Bid Bond to the City of Renton Page 2 of 2 2024 PRINCIPAL SURETY [Principal] [Surety] [Signature of Authorized Official] [Signature of Authorized Official] [Printed Name] [Printed Name] [Title] [Title] [Date] [Date] Name and address of local office of Agent and/or Surety Company: Telephone: Surety WAOIC # Surety NAIC # City of Renton Contract Provisions for 2024 Slurry Seal Project ______________________________________________________________________________ V. AGREEMENT FORMS 2024 Slurry Seal Project Agreement Page 1 of 2 2024 AGREEMENT CONTRACT NO. CAG-24-083 THIS AGREEMENT, made and entered into this ________ day of ________________, ________ by and between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as “City” and _______________________________________________, hereinafter referred to as “Contractor.” WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for: 2024 Slurry Seal Project in accordance with and as described in the attached plans and specifications, and the 2024 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation (WSDOT) and the Washington State Chapter of the American Public Works Association (APWA) which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. 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 these Contract Documents except those items mentioned therein to be furnished by the City. 2. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and furnish the same in accord with the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract The sum total of all progress payments is not to exceed the Total Bid Amount listed in the Schedule of Prices incorporated into this contract, unless the Total Bid Amount is amended by change order(s) prepared and executed in accordance with these Contract Documents . 3. The Contractor for himself/herself, and for his/her heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. 2024 Slurry Seal Project Agreement Page 2 of 2 2024 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as provided herein. 5. In the event litigation is commenced to enforce this contract, the prevailing party shall be entitled to recover its costs, including reasonable attorney’s and expert witness fees. 6. This contract is executed in two (2) identical counterparts, by the parties, each of which shall for all purposes be deemed and original. IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and the Mayor has caused this instrument to be executed by and in the name of the City of Renton the day and year first above written. CONTRACTOR CITY OF RENTON [Signature of Authorized Official] * Armondo Pavone, Mayor [Title] ATTEST [Business Name] Jason Seth, City Clerk [Date] * NOTE: Evidence of the signatory’s authority to sign the Agreement on behalf of the business entity shall be submitted. CONTRACTOR ADDRESS FOR GIVING NOTICES CITY OF RENTON ADDRESS FOR GIVING NOTICES Transportation Systems Division Renton City Hall – 5th Floor 1055 South Grady Way Renton, WA 98057 2024 Slurry Seal Project Fair Practices and Non-Discrimination Declaration Page 1 of 1 2024 FAIR PRACTICES AND NON-DISCRIMINATION POLICY DECLARATION I, by signing the Agreement, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation affirms and subscribes to the Fair Practices and Non-discrimination policies set forth by the law and by City of Renton policy, adopted by Resolution No. 4085. 2. That by signing the signature page of this Agreement, I am deemed to have signed and to have agreed to the provisions of this declaration. 2024 Slurry Seal Project Page 1 of 2 Contract Bond to the City of Renton CONTRACT BOND TO THE CITY OF RENTON Bond No. ________________ KNOW ALL MEN BY THESE PRESENTS, That we, (CONTRACTOR/PRINCIPAL) ______________________ of [address]________________________________________________ as PRINCIPAL , and (SURETY)_________________________________________ a corporation organized and existing under the laws of the State of ________________________ as a SURETY corporation, and qualified under the laws of the State of Washington to become SURETY upon bonds of contractors with municipal corporations, as SURETY , are jointly and severally held and firmly bound to the City of Renton (CITY/OWNER) in the sum of________________________________________________ US Dollars ($________________________) Total Contract Amount, for the payment of which sum on demand we bind ourselves and our heirs, successors, assigns, executors, administrators and personal representatives, as the case may be. This obligation is entered into pursuant to the laws of the State of Washington and the ordinances of the City of Renton. Dated at _____________, Washington, this ________ day of ____________________, 20______. NOW, THEREFORE THE CONDITIONS OF THE ABOVE OBLIGATION ARE AS FOLLOWS: WHEREAS, under and pursuant to Contract No. CAG-24-083 providing for construction of the Project: 2024 Slurry Seal Project_____; the PRINCIPAL has accepted, or is about to accept, the Contract, and undertake to perform the Work therein provided for in the manner and within the time set forth. • The SURETY indemnifies, defends, and protects and holds the CITY/OWNER, its officers, agents, and assigns harmless from and against all claims, liabilities, causes of action, damages, and costs for such payments for labor, equipment, and materials by satisfying all claims and demands incurred under the Contract, and reimbursing and paying CITY/OWNER all expenses that CITY/OWNER may incur in making good any default by PRINCIPAL; and, against any claim of direct or indirect loss resulting from the failure of the PRINCIPAL, its heirs, executors, administrators, successors, or assigns, (or the subcontractors or lower tier subcontractors of the PRINCIPAL) to pay all laborers, mechanics, subcontractors, lower tier subcontractors material persons, and all persons who shall supply such contractor or subcontractors with provisions and supplies for the carrying on of such work; and, against any claim of direct or indirect loss resulting from the failure of the PRINCIPAL, its heirs, executors, administrators, successors, or assigns (or any of the employees, subcontractors, or lower tier subcontractors of the PRINCIPAL) to faithfully perform the Contract. • The indemnities to CITY/OWNER shall also inure to the benefit of the Consulting Engineers and other design professionals retained by OWNER in connection with the Project. • No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect SURETY 's obligation on the Contract Bond. SURETY , for value received, hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work to be performed thereunder and agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the PRINCIPAL shall automatically increase the obligation of the SURETY on this Contract Bond and notice to SURETY is not required for such increased obligation. • This Contract Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County, Washington. 2024 Slurry Seal Project Page 2 of 2 Contract Bond to the City of Renton FURTHERMORE, this Contract Bond shall be satisfied and released only upon the conditions that PRINCIPAL or SURETY: • Faithfully performs all provisions of the Contract and changes authorized by CITY/OWNER in the manner and within the time specified as may be extended under the Contract; • Pay, in accordance with Chapters 39.08, 39.12 and 60.28 Revised Code of Washington (RCW), the sums due all workers, laborers, mechanics, subcontractors, lower tier subcontractors, material suppliers, and all other persons or agents who supply labor, equipment, or materials for carrying on of such work under the Contract; • Pay all taxes, increases and penalties, if any, incurred on or related to the Contract under Titles 50 and 51 Revised Code of Washington (RCW) and any and all taxes imposed on the Principle under Title 82 RCW or any other law; • Receives a written discharge/release of bond from CITY, signed by the Mayor or by a duly authorized representative of CITY. This Contract Bond shall be executed in two (2) original counterparts, and shall be signed by the parties’ duly authorized officers. This Contract Bond will only be accepted if is accompanied by a fully executed and original power of attorney for the office executing on behalf of the SURETY. PRINCIPAL SURETY [PRINCIPAL] [SURETY] [Signature of Authorized Official] [Signature of Authorized Official] [Printed Name] [Printed Name] [Title] [Title] [Date] [Date] Name and address of local office of Agent and/or SURETY Company: Telephone: City of Renton Contract Provisions for 2024 Slurry Seal Project ______________________________________________________________________________ V. CONTRACT SPECIFICATIONS INTRODUCTION TO THE SPECIAL PROVISIONS (January 4, 2024 APWA GSP, Option A) The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 204 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter “Standard Specifications”). The Standard Specifications, as modified or supplemented by these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work. These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project-specific fill-ins; and project-specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply. The GSPs are labeled under the headers of each GSP, with the effective date of the GSP and its source. For example: (March 8, 2013 APWA GSP) (April 1, 2013 WSDOTGSP) (WSDOT NWR February 11, 2002) Project specific special provisions are labeled without a date as such: (*****) Also incorporated into the Contract Documents by reference are: • Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition, with Washington State modifications, if any • Standard Plans for Road, Bridge and Municipal Construction , WSDOT Manual M21-01, current edition • City of Renton Standard Details, City of Renton Public Works Department, current edition Contractor shall obtain copies of these publications, at Contractor’s own expense. DESCRIPTION OF WORK (March 13, 1995 WSDOT GSP) This Contract provides for the preparation and installation of Slurry Seal Type II to existing asphalt streets, pavement marking removal and replacement, street surface preparation, herbicide application, vegetation trimming, street sweeping and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications. DIVISION 1 – GENERAL REQUIREMENTS 1-01.3 Definitions (January 19, 2022 APWA GSP) Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following: Dates Bid Opening Date The date on which the Contracting Agency publicly opens and reads the Bids. Award Date The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work. Contract Execution Date The date the Contracting Agency officially binds the Agency to the Contract. Notice to Proceed Date The date stated in the Notice to Proceed on which the Contract time begins. Substantial Completion Date The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, any remaining traffic disruptions will be rare and brief, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains for the Physical Completion of the total Contract. Physical Completion Date The day all of the Work is physically completed on the project. All documentation required by the Contract and required by law does not necessarily need to be furnished by the Contractor by this date. Completion Date The day all the Work specified in the Contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the Contract and required by law must be furnished by the Contractor before establishment of this date. Final Acceptance Date The date on which the Contracting Agency accepts the Work as complete. Supplement this Section with the following: All references in the Standard Specifications or WSDOT General Special Provisions, to the terms “Department of Transportation”, “Washington State Transportation Commission”, “Commission”, “Secretary of Transportation”, “Secretary”, “Headquarters”, and “State Treasurer” shall be revised to read “Contracting Agency”. All references to the terms “State” or “state” shall be revised to read “Contracting Agency” unless the reference is to an administrative agency of the State of Washington, a State statute or regulation, or the context reasonably indicates otherwise. All references to “State Materials Laboratory” shall be revised to read “Contracting Agency designated location”. All references to “final contract voucher certification” shall be interpreted to mean the Contracting Agency form(s) by which final payment is authorized, and final completion and acceptance granted. Additive A supplemental unit of work or group of bid items, identified separately in the Bid Proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid. Alternate One of two or more units of work or groups of bid items, identified separately in the Bid Proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work. Business Day A business day is any day from Monday through Friday except holidays as listed in Section 1-08.5. Contract Bond The definition in the Standard Specifications for “Contract Bond” applies to whatever bond form(s) are required by the Contract Documents, which may be a combination of a Payment Bond and a Performance Bond. Contract Documents See definition for “Contract”. Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed. Notice of Award The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency’s acceptance of the Bid Proposal. Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract time begins. Traffic Both vehicular and non-vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic. 1-02 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 (June 27, 2011 APWA GSP) Delete this section and replace it with the following: Information as to where Bid Documents can be obtained or reviewed can 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: To Prime Contractor No. of Sets Basis of Distribution Reduced plans (11" x 17") 2 Furnished automatically upon award. Contract Provisions 2 Furnished automatically upon award. Large plans (e.g., 22" x 34") 0 Furnished only upon request. Additional plans and Contract Provisions may be obtained by the Contractor from the source stated in the Call for Bids, at the Contractor’s own expense. 1-02.4(1) General (December 30, 2022 APWA GSP Option A) The first sentence of the ninth paragraph, beginning with “Prospective Bidder desiring…”, is revised to read: Prospective Bidders desiring an explanation or interpretation of the Bid Documents, shall request the explanation or interpretation in writing soon enough to allow a written reply to reach all prospective Bidders before the submission of their Bids. 1-02.5 Proposal Forms (July 31, 2017 APWA GSP) Delete this section and replace it with the following: 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 UDBE/DBE/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 Form unless otherwise specified. (January 4, 2024 APWA GSP 1-02.6, Option B) Supplement the second paragraph with the following: 4. If a minimum bid amount has been established for any item, the unit or lump sum price must equal or exceed the minimum amount stated. 5. Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid. Delete the last two paragraphs, and replace them with the following: The Bidder shall submit with their Bid a completed Contractor Certification Wage Law Compliance form, provided by the Contracting Agency. Failure to return this certification as part of the Bid Proposal package will make this Bid Nonresponsive and ineligible for Award. A Contractor Certification of Wage Law Compliance form is included in the Proposal Forms. 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 DBE 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 DBE requirements are to be satisfied through such an agreement. Add the following new section: 1-02.6(1) Recycled Materials Proposal (January 4, 2016 APWA GSP) The Bidder shall submit with the Bid, its proposal for incorporating recycled materials into the project, using the form provided in the Contract Provisions. 1-02.7 Bid Deposit (March 8, 2013 APWA GSP) Supplement this section with the following: Bid bonds shall contain the following: 1. Contracting Agency-assigned number for the project; 2. Name of the project; 3. The Contracting Agency named as obligee; 4. The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded; 5. Signature of the bidder’s officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany the said signature; 6. The signature of the surety’s officer empowered to sign the bond and the power of attorney. If so stated in the Contract Provisions, bidder must use the bond form included in the Contract Provisions. If so stated in the Contract Provisions, cash will not be accepted for a bid deposit. 1-02.7(1) Bid Bond, Cashier’s Check, Postal Money Order (******) Section 1-02.7(1) is an added new section: As evidence of good faith, pursuant to RCW 35.23.352(1), an original Bid Proposal Deposit in the form of either a bid bond, cashier’s check or postal money order in an amount equal to five percent (5%) of the Total Bid Amount shall be submitted with the Bid Proposal. If the Bidder elects to provide a bid bond, the Proposal Bid Bond form included in the Bid Documents shall be used. Otherwise, the Bid Proposal will be considered irregular and non -responsive and the Bid Proposal will be rejected. If the Bidder elects to provide a cashier’s check, it shall be made payable to the City of Renton. If the Bidder elects to provide a postal money order, it shall be made payable to the City of Renton. 1-02.9 Delivery of Proposal (January 4, 2024 APWA GSP, Option A) Delete this section and replace it with the following: DBE DOCUMENT SUBMITTAL REQUIREMENTS General Each Proposal shall be submitted in a sealed envelope, with the Project Name and Project Number as stated in the Call for Bids clearly marked on the outside of the envelope, or as otherwise required in the Bid Documents, to ensure proper handling and delivery. To be considered responsive on a FHWA-funded project, the Bidder may be required to submit the following items, as required by Section 1-02.6: • DBE Utilization Certification (WSDOT 272-056) • DBE Written Confirmation Document (WSDOT 422-031) from each DBE firm listed on the Bidder’s completed DBE Utilization Certification • Good Faith Effort (GFE) Documentation (if applicable) • DBE Bid Item Breakdown (WSDOT 272-054) Proposals that are received as required will be publicly opened and read as specified in Section 1- 02.12. The Contracting Agency will not open or consider any Bid Proposal that is received after the time specified in the Call for Bids for receipt of Bid Proposals, or received in a location other than that specified in the Call for Bids. The Contracting Agency will not open or consider any “Supplemental Information” (DBE confirmations, or GFE documentation) that is received after the time specified above, or received in a location other than that specified in the Call for Bids. If an emergency or unanticipated event interrupts normal work processes of the Contracting Agency so that Proposals cannot be received at the office designated for receipt of bids as specified in Section 1-02.12 the time specified for receipt of the Proposal will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which the normal work processes of the Contracting Agency resume. T DBE Utilization Certification (WSDOT Form 272-056) The DBE Utilization Certification shall be received at the same location and no later than the time required for delivery of the Proposal. The Contracting Agency will not open or consider any Proposal when the DBE Utilization Certification is received after the time specified for receipt of Proposals or received in a location other than that specified for receipt of Proposals. The DBE Utilization Certification may be submitted in the same envelope as the Bid deposit. DBE Written Confirmation (WSDOT Form 422-031) and/or GFE Documentation, (if applicable) The DBE Written Confirmation Documents and/or GFE Documents are not required to be submitted with the Proposal. The DBE Written Confirmation Document(s) and/or GFE (if any) shall be received either with the Bid Proposal or as a Supplement to the Bid. The documents shall be received no later than 48 hours (not including Saturdays, Sundays and Holidays) after the time for delivery of the Proposal. To be considered responsive, Bidders shall submit Written Confirmation Documentation from each DBE firm listed on the Bidder’s completed DBE Utilization Certification and/or the GFE as required by Section 1-02.6. DBE Bid Item Breakdown (WSDOT form 272-0-54) The DBE Bid Item Breakdown shall be received either with the Bid Proposal or as a Supplement to the Bid. The documents shall be received no later than 48 hours (not including Saturdays, Sundays and Holidays) after the time for delivery of the Proposal. The successful Bidder shall submit a completed DBE Bid Item Breakdown, however, minor errors and corrections to DBE Bid Item Breakdown will be returned for correction for a period up to five calendar days after bid opening (not including Saturdays, Sundays and Holidays) DBE Bid Item Breakdown that are still incorrect after the correction period will be determined to be non-responsive. The DBE Bid Item Breakdown will not be included as part of the executed Contract. 1-02.10 Withdrawing, Revising, or Supplementing Proposal (July 23, 2015 APWA GSP) Delete this section, and replace it with the following: After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may withdraw, revise, or supplement it if: 1. The Bidder submits a written request signed by an authorized person and physically delivers it to the place designated for receipt of Bid Proposals, and 2. The Contracting Agency receives the request before the time set for receipt of Bid Proposals, and 3. The revised or supplemented Bid Proposal (if any) is received by the Contracting Agency before the time set for receipt of Bid Proposals. If the Bidder’s request to withdraw, revise, or supplement its Bid Proposal is received before the time set for receipt of Bid Proposals, the Contracting Agency will return the unopened Proposal package to the Bidder. The Bidder must then submit the revised or supplemented package in its entirety. If the Bidder does not submit a revised or supplemented pac kage, then its bid shall be considered withdrawn. Late revised or supplemented Bid Proposals or late withdrawal requests will be date recorded by the Contracting Agency and returned unopened. Mailed, emailed, or faxed requests to withdraw, revise, or supplement a Bid Proposal are not acceptable. 1-02.13 Irregular Proposals (January 4, 2024 APWA GSP) Delete this section and replace it with the following: 1. A Proposal will be considered irregular and will be rejected if: a. The Bidder is not prequalified when so required; b. The Bidder adds provisions reserving the right to reject or accept the Award, or enter into the Contract; c. A price per unit cannot be determined from the Bid Proposal; d. The Proposal form is not properly executed; e. The Bidder fails to submit or properly complete a subcontractor list (WSDOT Form 271-015), if applicable, as required in Section 1-02.6; f. The Bidder fails to submit or properly complete a Disadvantaged Business Enterprise Certification (WSDOT Form 272-056), if applicable, as required in Section 1-02.6; g. The Bidder fails to submit Written Confirmations (WSDOT Form 422-031) from each DBE firm listed on the Bidder’s completed DBE Utilization Certification that they are in agreement with the bidder’s DBE participation commitment, if applicable, as required in Section 1-02.6, or if the written confirmation that is submitted fails to meet the requirements of the Special Provisions; h. The Bidder fails to submit DBE Good Faith Effort documentation, if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to demonstrate that a Good Faith Effort to meet the Condition of Award in accordance with Section 1-07.11; i. The Bidder fails to submit a DBE Bid Item Breakdown (WSDOT Form 272-054), if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; j. The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation. 2. A Proposal may be considered irregular and may be rejected if: a. The Proposal does not include a unit price for every Bid item; b. Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the Contracting Agency; c. The authorized Proposal Form furnished by the Contracting Agency is not used or is altered; d. The completed Proposal form contains unauthorized additions, deletions, alternate Bids, or conditions; e. Receipt of Addenda is not acknowledged; f. A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in such an instance, both Bids may be rejected); or g. If Proposal form entries are not made in ink. 1-02.14 Disqualification of Bidders (May 17, 2018 APWA GSP, Option B) Delete this section and replace it with the following: A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1), as amended; or does not meet Supplemental Criteria 1-7 listed in this Section. The Contracting Agency will verify that the Bidder meets the mandatory bidder responsibility criteria in RCW 39.04.350(1), and Supplemental Criteria 1-2. Evidence that the Bidder meets Supplemental Criteria 3-7 shall be provided by the Bidder as stated later in this Section. 1. Delinquent State Taxes A Criterion: The Bidder shall not owe delinquent taxes to the Washington State Department of Revenue without a payment plan approved by the Department of Revenue. B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the Bidder does not owe delinquent taxes to the Washington State Department of Revenue, or if delinquent taxes are owed to the Washington State Department of Revenue, the Bidder must submit a written payment plan approved by the Department of Revenue, to the Contracting Agency by the deadline listed below. 2. Federal Debarment A Criterion: The Bidder shall not currently be debarred or suspended by the Federal government. B. Documentation: The Bidder shall not be listed as having an “active exclusion” on the U.S. government’s “System for Award Management” database (www.sam.gov). 3. Subcontractor Responsibility A Criterion: The Bidder’s standard subcontract form shall include the subcontractor responsibility language required by RCW 39.06.020, and the Bidder shall have an established procedure which it utilizes to validate the responsibility of each of its subcontractors. The Bidder’s subcontract form shall also include a requirement that each of its subcontractors shall have and document a similar procedure to determine whether the sub-tier subcontractors with whom it contracts are also “responsible” subcontractors as defined by RCW 39.06.020. B. Documentation: The Bidder, if and when required as detailed below, shall submit a copy of its standard subcontract form for review by the Contracting Agency, and a written description of its procedure for validating the responsibility of subcontractors with which it contracts. 4. Claims Against Retainage and Bonds A Criterion: The Bidder shall not have a record of excessive claims filed against the retainage or payment bonds for public works projects in the three years prior to the bid submittal date, that demonstrate a lack of effective management by the Bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances and such circumstances are deemed acceptable to the Contracting Agency. B. Documentation: The Bidder, if and when required as detailed below, shall submit a list of the public works projects completed in the three years prior to the bid submittal date that have had claims against retainage and bonds and include for each project the following information: • Name of project • The owner and contact information for the owner; • A list of claims filed against the retainage and/or payment bond for any of the projects listed; • A written explanation of the circumstances surrounding each claim and the ultimate resolution of the claim. 5. Public Bidding Crime A Criterion: The Bidder and/or its owners shall not have been convicted of a crime involving bidding on a public works contract in the five years prior to the bid submittal date. B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the Bidder and/or its owners have not been convicted of a crime involving bidding on a public works contract. 6. Termination for Cause / Termination for Default A Criterion: The Bidder shall not have had any public works contract terminated for cause or terminated for default by a government agency in the five years prior to the bid submittal date, unless there are extenuating circumstances and such circumstances are deemed acceptable to the Contracting Agency. B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the Bidder has not had any public works contract terminated for cause or terminated for default by a government agency in the five years prior to the bid submittal date; or if Bidder was terminated, describe the circumstances. . 7. Lawsuits A Criterion: The Bidder shall not have lawsuits with judgments entered against the Bidder in the five years prior to the bid submittal date that demonstrate a pattern of failing to meet the terms of contracts, unless there are extenuating circumstances and such circumstances are deemed acceptable to the Contracting Agency B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the Bidder has not had any lawsuits with judgments entered against the Bidder in the five years prior to the bid submittal date that demonstrate a pattern of failing to meet the terms of contracts, or shall submit a list of all lawsuits with judgments entered against the Bidder in the five years prior to the bid submittal date, along with a written explanation of the circumstances surrounding each such lawsuit. The Contracting Agency shall evaluate these explanations to determine whether the lawsuits demonstrate a pattern of failing to meet of terms of construction related contracts As evidence that the Bidder meets the Supplemental Criteria stated above, the apparent low Bidder must submit to the Contracting Agency by 12:00 P.M. (noon) of the second business day following the bid submittal deadline, a written statement verifying that the Bidder meets the supplemental criteria together with supporting documentation (sufficient in the sole judgment of the Contracting Agency) demonstrating compliance with the Supplemental Criteria. The Contracting Agency reserves the right to request further documentation as needed from the low Bidder and documentation from other Bidders as well to assess Bidder responsibility and compliance with all bidder responsibility criteria. The Contracting Agency also reserves the right to obtain information from third-parties and independent sources of information concerning a Bidder’s compliance with the mandatory and supplemental criteria, and to use that information in their evaluation. The Contracting Agency may consider mitigating factors in determining whether the Bidder complies with the requirements of the supplemental criteria. The basis for evaluation of Bidder compliance with these mandatory and supplemental criteria shall include any documents or facts obtained by Contracting Agency (whether from the Bidder or third parties) including but not limited to: (i) financial, historical, or operational data from the Bidder; (ii) information obtained directly by the Contracting Agency from others for whom the Bidder has worked, or other public agencies or private enterprises; and (iii) any additional information obtained by the Contracting Agency which is believed to be relevant to the matter. If the Contracting Agency determines the Bidder does not meet the bidder responsibility criteria above and is therefore not a responsible Bidder, the Contracting Agency shall notify the Bidder in writing, with the reasons for its determination. If the Bidder disagrees with this determination, it may appeal the determination within two (2) business days of the Contracting Agency’s determination by presenting its appeal and any additional information to the Contracting Agency. The Contracting Agency will consider the appeal and any additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Contracting Agency will not execute a contract with any other Bidder until at least two business days after the Bidder determined to be not responsible has received the Contracting Agency’s final determination. Request to Change Supplemental Bidder Responsibility Criteria Prior To Bid: Bidders with concerns about the relevancy or restrictiveness of the Supplemental Bidder Responsibility Criteria may make or submit requests to the Contracting Agency to modify the criteria. Such requests shall be in writing, describe the nature of the concerns, and propose specific modifications to the criteria. Bidders shall submit such requests to the Contracting Agency no later than five (5) business days prior to the bid submittal deadline and address the request to the Project Engineer or such other person designated by the Contracting Agency in the Bid Documents. 1-02.15 Pre Award Information (December 30, 2022 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. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder. 1-03 AWARD AND EXECUTION OF CONTRACT 1-03.1 Consideration of Bids (December 30, 2022 APWA GSP) Revise the first paragraph to read: After opening and reading proposals, the Contracting Agency will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. If a minimum bid amount has been established for any item and the bidder’s unit or lump sum price is less than the minimum specified amount, the Contracting Agency will unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension. The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and/or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond. 1-03.1(1) Identical Bid Totals (December 30, 2022 APWA GSP) Revise this section to read: After opening Bids, if two or more lowest responsive Bid totals are exactly equal, then the tie- breaker will be the Bidder with an equal lowest bid, that proposed to use the highest percentage of recycled materials in the Project, per the form submitted with the Bid Proposal. If those percentages are also exactly equal, then the tie-breaker will be determined by drawing as follows: Two or more slips of paper will be marked as follows: one marked “Winner” and the other(s) marked “unsuccessful”. The slips will be folded to make the marking unseen. The slips will be placed inside a box. One authorized representative of each Bidder shall draw a slip from the box. Bidders shall draw in alphabetic order by the name of the firm as registered with the Washington State Department of Licensing. The slips shall be unfolded and the firm with the slip marked “Winner” will be determined to be the successful Bidder and eligible for Award of the Contract. Only those Bidders who submitted a Bid total that is exactly equal to the lowest responsive Bid, and with a proposed recycled materials percentage that is exactly equal to the highest proposed recycled materials amount, are eligible to draw. 1-03.3 Execution of Contract (January 4, 2024 APWA GSP Option B) Revise this section to read: Within 3 calendar days of Award date (not including Saturdays, Sundays and Holidays), the successful Bidder shall provide the information necessary to execute the Contract to the Contracting Agency. The Bidder shall send the contact information, including the full name, email address, and phone number, for the authorized signer and bonding agent to the Contracting Agency. 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, a satisfactory bond as required by law and Section 1-03.4, the Transfer of Coverage form for the Construction Stormwater General Permit with sections I, III, and VIII completed when provided. Before execution of the contract by the Contracting Agency, the successful bidder shall provide any pre-award information the Contracting Agency may require under Section 1-02.15. Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any work begin within the project limits or within Contracting Agency-furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the Contracting Agency. If the bidder experiences circumstances beyond their control that prevents return of the contract documents within the calendar days after the award date stated above, the Contracting Agency may grant up to a maximum of 10 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. 1-03.4 Contract Bond (July 23, 2015 APWA GSP) Delete the first paragraph and replace it with the following: The successful bidder shall provide executed payment and performance bond(s) for the full contract amount. The bond may be a combined payment and performance bond; or be separate payment and performance bonds. In the case of separate payment and performance bonds, each shall be for the full contract amount. The bond(s) shall: 1. Be on Contracting Agency-furnished form(s); 2. Be signed by an approved surety (or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner, 3. Guarantee that the Contractor will perform and comply with all obligations, duties, and conditions under the Contract, including but not limited to the duty and obligation to indemnify, defend, and protect the Contracting Agency against all losses and claims related directly or indirectly from any failure: a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform and comply with all contract obligations, conditions, and duties, or b. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work; 4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the project under titles 50, 51, and 82 RCW; and 5. Be accompanied by a power of attorney for the Surety’s officer empowered to sign the bond; and 6. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed by the president or vice president, unless accompanied by written proof of the authority of the individual signing the bond(s) to bind the corporation (i.e., corporate resolution, power of attorney, or a letter to such effect signed by the president or vice president). 1-03.7 Judicial Review (December 30, 2022 APWA GSP) Revise this section to read: All decisions made by the Contracting Agency regarding the Award and execution of the Contract or Bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington Law. Such review, if any, shall be timely filed in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. 1-04 SCOPE OF THE WORK 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda (December 30, 2022 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, 4. Contract Plans, 5. Standard Specifications, 6. Contracting Agency’s Standard Plans or Details (if any), and 7. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. 1-04.4 Changes (January 19, 2022 APWA GSP) The first two sentences of the last paragraph of Section 1-04.4 are deleted. 1-05 CONTROL OF WORK 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. 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. 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. Add the following new section: 1-05.12(1) One-Year Guarantee Period (March 8, 2013 APWA GSP) The Contractor shall return to the project and repair or replace all defects in workmanship and material discovered within one year after Final Acceptance of the Work. The Contractor shall start work to remedy any such defects within 7 calendar days of re ceiving Contracting Agency’s written notice of a defect, and shall complete such work within the time stated in the Contracting Agency’s notice. In case of an emergency, where damage may result from delay or where loss of services may result, such corrections may be made by the Contracting Agency’s own forces or another contractor, in which case the cost of corrections shall be paid by the Contractor. In the event the Contractor does not accomplish corrections within the time specified, the work will be otherwise accomplished and the cost of same shall be paid by the Contractor. When corrections of defects are made, the Contractor shall then be responsible for correcting all defects in workmanship and materials in the corrected work for one year after acceptance of the corrections by Contracting Agency. This guarantee is supplemental to and does not limit or affect the requirements that the Contractor’s work comply with the requirements of the Contract or any other legal rights or remedies of the Contracting Agency. 1-05.13 Superintendents, Labor and Equipment of Contractor (August 14, 2013 APWA GSP) Delete the sixth and seventh paragraphs of this section. 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. 1-05.16 Water and Power (October 1, 2005 APWA GSP) Section 1-05.16 is an added new section. 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. 1-05.17 Contractor’s Daily Diary (******) Section 1-05.17 is an added new section. The Contractor and subcontractors shall maintain and provide to Engineer a Daily Diary Record of this Work. This Diary will be created by pen entries in a hard-bound diary book of the type that is commonly available through commercial outlets. The Diary must contain the Project and Number if the Diary is in loose-leaf form, this information must appear on every page. The Diary must be kept and maintained by Contractor’s designated project superintendent(s). Entries must be made on a daily basis and must accurately represent all of the project activities on each day. At a minimum, the Diary shall show on a daily basis: 1. The day and date. 2. The weather conditions, including changes throughout the day. 3. A complete description of the work accomplished during the day with adequate references to the Plans and Contract Provisions so that the reader can easily and accurately identify said work in the Plans. Identify location/description of photographs or videos taken that day. 4. An entry for each and every changed condition, dispute or potential dispute, incident, accident, or occurrence of any nature whatsoever which might affect Contractor, Contracting Agency, or any third party in any manner. 5. Listing of any materials received and stored on- or off-site by Contractor for future installation, to include the manner of storage and protection of the same. 6. Listing of materials installed during each day. 7. List of all subcontractors working on-site during each day. 8. List of the number of Contractor’s employees working during each day by category of employment. 9. List of Contractor’s equipment working on the site during each day. Idle equipment on the site shall be listed and designated as idle. Equipment on stand-by on the site shall be listed and designated as on stand-by. 10. Notations to explain inspections, testing, stake-out, and all other services furnished by Contracting Agency or other party during each working day on-site. 11. Entries to verify the daily (including non-working days) inspection and maintenance of traffic control devices and condition of the traveled roadway surfaces. Contractor shall not allow any conditions to develop that would be hazardous to the public. 12. Any other information that serves to give an accurate and complete record of the nature, quantity, and quality of Contractor’s progress on each day. 13. Plan markups showing locations and dimensions of constructed features to be used by Engineer to produce record drawings. 14. All pages of the diary must be numbered consecutively with no omissions in page numbers. 15. Each page must be signed and dated by the Contractor’s official representative on the project. Contractor may use additional sheets separate from the diary book if necessary to provide a complete diary record, but they must be signed, dated, and labeled with project name and number. It is expressly agreed between Contractor and Contracting Agency that the Daily Diary maintained by Contractor shall be the “Contractor’s Book of Original Entry” for the documentation of any potential claims or disputes that might arise during this Contract. Failure of the Contractor to maintain this Diary in the manner described above will constitute a waiver of any such c laims or disputes by Contractor. Engineer or Contracting Agency’s representative on-site will also complete an Inspector Daily Report (IDR) for each day work is performed. Payment All costs to comply with this special provision are incidental to the contract and are the responsibility of the Contractor. The Contractor shall include all related costs in the associated bid prices of the contract. 1-06 CONTROL OF MATERIALS 1 -06.6 Recycled Materials (January 4, 2016 APWA GSP) Delete this section, including its subsections, and replace it with the following: The Contractor shall make their best effort to utilize recycled materials in the construction of the project. Approval of such material use shall be as detailed elsewhere in the Standard Specifications. Prior to Physical Completion the Contractor shall report the quantity of recycled materials that were utilized in the construction of the project for each of the items listed in Section 9-03.21. The report shall include hot mix asphalt, recycled concrete aggregate, recycled glass, steel furnace slag and other recycled materials (e.g. utilization of on-site material and aggregates from concrete returned to the supplier). The Contractor’s report shall be provided on DOT form 350-075 Recycled Materials Reporting. 1-07 LEGAL RELATIONS AND RESPONSABILITIES 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 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 per sons 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 State Taxes Delete this section, including its sub-sections, in its entirety and replace it with the following: 1-07.2 State Sales Tax (June 27, 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(3) 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(2) describes this exception. The Contracting Agency will pay the retained percentage (or release the Contract Bond if a FHWA- funded Project) 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, teleg raph, 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 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). 1-07.9(5)A Required Documents (December 30, 2022 APWA GSP) This section is revised to read as follows: All Statements of Intent to Pay Prevailing Wages, Affidavits of Wages Paid and Certified Payrolls, including a signed Statement of Compliance for Federal-aid projects, shall be submitted to the Engineer and to the State L&I online Prevailing Wage Intent & Affidavit (PWIA) system. 1-07.11 Requirements for Nondiscrimination (October 1, 2020 APWA GSP, Option A) Supplement this section with the following: Disadvantaged Business Enterprise Participation The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 and USDOT’s official interpretations (i.e., Questions & Answers) apply to this Contract. As such, the requirements of this Contract are to make affirmative efforts to solicit DBEs, provide information on who submitted a Bid or quote and to report DBE participation monthly as described elsewhere in these Contract Provisions. No preference will be included in the evaluation of Bids/Proposals, no minimum level of DBE participation shall be required as a Condition of Award and Bids/Proposals may not be rejected or considered non-responsive on that basis. DBE Abbreviations and Definitions Broker – A business firm that provides a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials, or supplies required for the performance of the Contract, or, persons/companies who arrange or expedite transactions. Certified Business Description – Specific descriptions of work the DBE is certified to perform, as identified in the Certified Firm Directory, under the Vendor Information page. Certified Firm Directory – A database of all Minority, Women, and Disadvantaged Business Enterprises. The on-line Directory is available to Contractors for their use in identifying and soliciting interest from DBE firms. The database is located under the Firm Certification section of the Diversity Management and Compliance System web page at: https://omwbe.diversitycompliance.com. Commercially Useful Function (CUF) 49 CFR 26.55(c)(1) defines commercially useful function as: “A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, you must evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors.” Contract – For this Special Provision only, this definition supplements Section 1-01.3. 49 CFR 26.5 defines contract as: “… a legally binding relationship obligating a seller to furnish supplies or services (including, but not limited to, construction and professional services) and the buyer to pay for them. For purposes of this part, a lease is considered to be a contract.” Disadvantaged Business Enterprise (DBE) – A business firm certified by the Washington State Office of Minority and Women’s Business Enterprises, as meeting the criteria outlined in 49 CFR 26 regarding DBE certification. Force Account Work – Work measured and paid in accordance with Section 1-09.6. Manufacturer (DBE) – A DBE firm that operates or maintains a factory or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract. A DBE Manufacturer shall produce finished goods or products from raw or unfinished material or purchase and substantially alters goods and materials to make them suitable for construction use before reselling them. Regular Dealer (DBE) – A DBE firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of a Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a Regular Dealer, the DBE firm must be an established regular business that engages in as its principal business and in its own name the purchase and sale of the products in question. A Regular Dealer in such items as steel, cement, gravel, stone, and petroleum products need not own, operate or maintain a place of business if it both owns and operates distribution equipment for the products. Any supplementing of regular dealers’ own distribution equipment shall be by long-term formal lease agreements and not on an ad-hoc basis. Brokers, packagers, manufacturers’ representatives, or other persons who arrange or expedite transactions shall not be regarded as Regular Dealers within the meaning of this definition. DBE Goals No DBE goals have been assigned as part of this Contract. Affirmative Efforts to Solicit DBE Participation The Contractor shall not discriminate on the grounds of race, color, sex, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. DBE firms shall have an equal opportunity to compete for subcontracts in which the Contractor enters into pursuant to this Contract. Contractors are encouraged to: 1. Advertise opportunities for Subcontractors or suppliers in a timely and reasonably designed manner to provide notice of the opportunity to DBEs capable of performing the Work. All advertisements should include a Contract Provision encouraging participation by DBE firms. This may be accomplished through general advertisements (e.g. newspapers, journals, etc.) or by soliciting Bids/Proposals directly from DBEs. 2. Establish delivery schedules that encourage participation by DBEs and other small businesses. 3. Participate with a DBE as a joint venture. DBE Eligibility/Selection of DBEs for Reporting Purposes Only Contractor may take credit for DBEs utilized on this Contract only if the firm is certified for the Work being performed, and the firm performs a commercially useful function (CUF). Absent a mandatory goal, all DBE participation that is attained on this project will be considered as “race neutral” participation and shall be reported as such. Crediting DBE Participation All DBE Subcontractors shall be certified before the subcontract on which they are participating is executed. Be advised that although a firm is listed in the directory, there are cases where the listed firm is in a temporary suspension status. The Contractor shall review the OMWBE Suspended DBE Firms list. A DBE firm that is included on this list may not enter into new contracts that count towards participation. DBE participation is only credited upon payment to the DBE. The following are some definitions of what may be counted as DBE participation. DBE Prime Contractor Only take credit for that portion of the total dollar value of the Contract equal to the distinct, clearly defined portion of the Work that the DBE Prime Contractor performs with its own forces and is certified to perform. DBE Subcontractor Only take credit for that portion of the total dollar value of the subcontract equal to the distinct, clearly defined portion of the Work that the DBE performs with its own forces. The value of work performed by the DBE includes the cost of supplies and materials purchased by the DBE and equipment leased by the DBE, for its work on the contract. Supplies, materials or equipment obtained by a DBE that are not utilized or incorporated in the contract work by the DBE will not be eligible for DBE credit. The supplies, materials, and equipment purchased or leased from the Contractor or its affiliate, including any Contractor’s resources available to DBE subcontractors at no cost, shall not be credited. DBE credit will not be given in instances where the equipment lease includes the operator. The DBE is expected to operate the equipment used in the performance of its work under the contract with its own forces. Situations where equipment is leased and used by the DBE, but payment is deducted from the Contractor’s payment to the DBE is not allowed. If a DBE subcontracts a portion of the Work of its contract to another firm, the value of the subcontracted Work may be credited only if the DBE’s Lower-Tier Subcontractor is also a DBE. Work subcontracted to a non-DBE shall not be credited. Count expenditures toward race/gender-neutral participation only if the DBE is performing a CUF on the contract. DBE Subcontract and Lower Tier Subcontract Documents There must be a subcontract agreement that complies with 49 CFR Part 26 and fully describes the distinct elements of Work committed to be performed by the DBE. The subcontract agreement shall incorporate requirements of the primary Contract. Subcontract agreements of all tiers, including lease agreements shall be readily available at the project site for the Engineer review. DBE Service Provider The value of fees or commissions charged by a DBE Broker, a DBE behaving in a manner of a Broker, or another service provider for providing a bona fide service, such as professional, technical, consultant, managerial services, or for providing bonds or insurance specifically required for the performance of the contract will only be credited as DBE participation, if the fee/commission is determined by the Contracting Agency to be reasonable and the firm has performed a CUF. Temporary Traffic Control If the DBE firm is being utilized in the capacity of only “Flagging”, the DBE firm must provide a Traffic Control Supervisor (TCS) and flagger, which are under the direct control of the DBE. The DBE firm shall also provide all flagging equipment (e.g. paddles, hard hats, and vests). If the DBE firm is being utilized in the capacity of “Traffic Control Services”, the DBE firm must provide a TCS, flaggers, and traffic control items (e.g., cones, barrels, signs, etc.) and be in total control of all items in implementing the traffic control for the project. In addition, if the DBE firm utilizes the Contractor’s equipment, such as Transportable Attenuators and Portable Changeable Message Signs (PCMS) no DBE credit can be taken for supplying and operating the items. Trucking DBE trucking firm participation may only be credited as DBE participation for the value of the hauling services, not for the materials being hauled unless the trucking firm is also certified as a supplier. In situations where the DBE’s work is priced per ton, the value of the hauling service must be calculated separately from the value of the materials in order to determine DBE credit for hauling. The DBE trucking firm must own and operate at least one licensed, insured and operational truck on the contract. The truck must be of the type that is necessary to perform the hauling duties required under the contract. The DBE receives credit for the value of the transportation services it provides on the Contract using trucks it owns or leases, licenses, insures, and operates with drivers it employs. The DBE may lease additional trucks from another DBE firm. The Work that a DBE trucking firm performs with trucks it leases from other certified DBE trucking firms qualify for 100% DBE credit The trucking Work subcontracted to any non-DBE trucking firm will not receive credit for Work done on the project. The DBE may lease trucks from a non-DBE truck leasing company, but can only receive credit as DBE participation if the DBE uses its own employees as drivers. DBE credit for a truck broker is limited to the fee/commission that the DBE receives for arranging transportation services. Truck registration and lease agreements shall be readily available at the project site for the Engineer review. DBE Manufacturer and DBE Regular Dealer One hundred percent (100%) of the cost of the manufactured product obtained from a DBE Manufacturer can count as DBE participation. Sixty percent (60%) of the cost of materials or supplies purchased from a DBE Regul ar Dealer may be credited as DBE participation. If the role of the DBE Regular Dealer is determined to be that of a pass-through, then no DBE credit will be given for its services. If the role of the DBE Regular Dealer is determined to be that of a Broker, then DBE credit shall be limited to the fee or commission it receives for its services. Regular Dealer status and the amount of credit is determined on a Contract-by-Contract basis. Regular Dealer DBE firms must be approved before being used on a project. The WSDOT Approved Regular Dealer list published on WSDOT’s Office of Equal Opportunity (OEO) web site must include the specific project for which approval is being requested. The Regular Dealer must submit the Regular Dealer Status Request form a minimum of five days prior to being utilized on the specific project. Purchase of materials or supplies from a DBE which is neither a manufacturer nor a regular dealer, (i.e. Broker) only the fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, can count as DBE participation provided the fees are not excessive as compared with fees customarily allowed for similar services. Documentation will be required to support the fee/commission charged by the DBE. The cost of the materials and supplies themselves cannot be counted toward as DBE participation. Note: Requests to be listed as a Regular Dealer will only be processed if the requesting firm is a material supplier certified by the Office of Minority and Women’s Business Enterprises in a NAICS code that falls within the 42XXXX NAICS Wholesale code section. Procedures Between Award and Execution After Award and prior to Execution, the Contractor shall provide the additional information described below. Failure to comply shall result in the forfeiture of the Bidder’s Proposal bond or deposit. 1. A list of all firms who submitted a bid or quote in attempt to participate in this project whether they were successful or not. Include the business name and mailing address. Note: The firms identified by the Contractor may be contacted by the Contracting Agency to solicit general information as follows: age of the firm and average of its gross annual receipts over the past three-years. Procedures After Execution Commercially Useful Function (CUF) The Contractor may only take credit for the payments made for Work performed by a DBE that is determined to be performing a CUF. Payment must be commensurate with the work actually performed by the DBE. This applies to all DBEs performing Work on a project, whether or not the DBEs are COA, if the Contractor wants to receive credit for their participation. The Engineer will conduct CUF reviews to ascertain whether DBEs are performing a CUF. A DBE performs a CUF when it is carrying out its responsibilities of its contract by actually performing, managing, and supervising the Work involved. The DBE must be responsible for negotiating price; determining quality and quantity; ordering the material, installing (where applicable); and paying for the material itself. If a DBE does not perform “all” of these functions on a furnish-and-install contract, it has not performed a CUF and the cost of materials cannot be counted toward DBE COA Goal. Leasing of equipment from a leasing company is allowed. However, leasing/purchasing equipment from the Contractor is not allowed. Lease agreements shall be readily available for review by the Engineer. In order for a DBE traffic control company to be considered to be performing a CUF, the DBE must be in control of its work inclusive of supervision. The DBE shall employ a Traffic Control Supervisor who is directly involved in the management and supervision of the traffic control employees and services. The DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which the funds are passed in order to obtain the appearance of DBE participation. The following are some of the factors that the Engineer will use in determining whether a DBE trucking company is performing a CUF: • The DBE shall be responsible for the management and supervision of the entire trucking operation for which it is responsible on the Contract. The owner demonstrates business related knowledge, shows up on site and is determined to be actively running the business. • The DBE shall with its own workforce, operate at least one fully licensed, insured, and operational truck used on the Contract. The drivers of the trucks owned and leased by the DBE must be exclusively employed by the DBE and reflected on the DBE’s payroll. • Lease agreements for trucks shall indicate that the DBE has exclusive use of and control over the truck(s). This does not preclude the leased truck from working for others provided it is with the consent of the DBE and the lease provides the DBE absolute priority for use of the leased truck. • Leased trucks shall display the name and identification number of the DBE. Joint Checking A joint check is a check between a Subcontractor and the Contractor to the supplier of materials/supplies. The check is issued by the Contractor as payer to the Subcontractor and the material supplier jointly for items to be incorporated into the project. The DBE must release the check to the supplier, while the Contractor acts solely as the guarantor. A joint check agreement must be approved by the Engineer and requested by the DBE involved using the DBE Joint Check Request Form (form # 272-053) prior to its use. The form must accompany the DBE Joint Check Agreement between the parties involved, including the conditions of the arrangement and expected use of the joint checks. The approval to use joint checks and the use will be closely monitored by the Engineer. To receive DBE credit for performing a CUF with respect to obtaining materials and supplies, a DBE must “be responsible for negotiating price, determining quality and quantity, ordering the material and installing and paying for the material itself.” The Contractor shall submit DBE Joint Check Request Form for the Engineer approval prior to using a joint check. Material costs paid by the Contractor directly to the material supplier is not allowed. If proper procedures are not followed or the Engineer determines that the arrangement results in lack of independence for the DBE involved, no DBE credit will be given for the DBE’s participation as it relates to the material cost. Prompt Payment Prompt payment to all subcontractors shall be in accordance with Section 1-08.1. Prompt Payment requirements apply to progress payments as well as return of retainage. Reporting The Contractor and all subcontractors/suppliers/ser vice providers that utilize DBEs to perform work on the project, shall maintain appropriate records that will enable the Engineer to verify DBE participation throughout the life of the project. Refer to Section 1-08.1 for additional reporting requirements associated with this Contract. Decertification When a DBE is “decertified” from the DBE program during the course of the Contract, the participation of that DBE shall continue to count as DBE participation as long as the subcontract with the DBE was executed prior to the decertification notice. The Contractor is obligated to substitute when a DBE does not have an executed subcontract agreement at the time of decertification. Consequences of Non-Compliance Each contract with a Contractor (and each subcontract the Contractor signs with a Subcontractor) must include the following assurance clause: The Contractor, subrecipient, or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the Contractor from future bidding as non-responsible. Payment Compensation for all costs involved with complying with the conditions of this Specification and any other associated DBE requirements is included in payment for the associated Contract items of Work, except otherwise provided in the Specifications. 1-07.18 Public Liability and Property Damage Insurance Delete this section in its entirety, and replace it with the following: 1-07.18 Insurance (January 4, 2024 APWA GSP) 1-07.18(1) General Requirements A. The Contractor shall procure and maintain the insurance described in all subsections of section 1- 07.18 of these Special Provisions, from insurers with a current A. M. Best rating of no t less than A-: VII and licensed to do business in the State of Washington. The Contracting Agency reserves the right to approve or reject the insurance provided, based on the insurer’s financial condition. B. The Contractor shall keep this insurance in force without interruption from the commencement of the Contractor’s Work through the term of the Contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated below. C. If any insurance policy is written on a claims-made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. The policy shall state that coverage is claims made and state the retroactive date. Claims-made form coverage shall be maintained by the Contractor for a minimum of 36 months following the Completion Date or earlier termination of this Contract, and the Contractor shall annually provide the Contracting Agency with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting period (“tail”) or execute another form of guarantee acceptable to the Contracting Agency to assure financial responsibility for liability for services performed. D. The Contractor’s Automobile Liability, Commercial General Liability and Excess or Umbrella Liability insurance policies shall be primary and non-contributory insurance as respects the Contracting Agency’s insurance, self-insurance, or self-insured pool coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the Contracting Agency shall be excess of the Contractor’s insurance and shall not contribute with it. E. The Contractor shall provide the Contracting Agency and all additional insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. F. The Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by the Contracting Agency G. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency 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 Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency. H. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made. I. Under no circumstances shall a wrap up policy be obtained, for either initiating or maintaining coverage, to satisfy insurance requirements for any policy required under this Section. A “wrap up policy” is defined as an insurance agreement or arrangement under which all the parties working on a specified or designated project are insured under one policy for liability arising out of that specified or designated project. 1-07.18(2) Additional Insured All insurance policies, with the exception of Workers Compensation, and of Professional Liability and Builder’s Risk (if required by this Contract) shall name the following listed entities as additional insured(s) using the forms or endorsements required herein: ▪ the Contracting Agency and its officers, elected officials, employees, agents, and volunteers ▪ Consultants hired by the Contracting Agency to provide engineering support during construction of this project; ▪ Consultants hired by the Contracting Agency to provide environmental support during construction of this project; ▪ Consultants hired by the Contracting Agency to provide construction management, inspection and materials testing services for this project. The above-listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespective of whether the Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits lower than those maintained by the Contractor. For Commercial General Liability insurance coverage, the required additional insured endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 1-07.18(3) Subcontractors The Contractor shall cause each subcontractor of every tier to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. The Contractor shall ensure that all subcontractors of every tier add all entities listed in 1-07.18(2) as additional insureds, and provide proof of such on the policies as required by that section as detailed in 1-07.18(2) using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency evidence of insurance and copies of the additional insured endorsements of each subcontractor of every tier as required in 1-07.18(4) Verification of Coverage. 1-07.18(4) Verification of Coverage The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth herein when the Contractor delivers the signed Contract for the work. Failure of Contracting Agency to demand such verification of coverage with these insurance requirements or failure of Contracting Agency to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. Verification of coverage shall include: 1. An ACORD certificate or a form determined by the Contracting Agency to be equivalent. 2. Copies of all endorsements naming Contracting Agency and all other entities listed in 1-07.18(2) as additional insured(s), showing the policy number. The Contractor may submit a copy of any blanket additional insured clause from its policies instead of a separate endorsement. 3. Any other amendatory endorsements to show the coverage required herein. 4. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements – actual endorsements must be submitted. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency a full and certified copy of the insurance policy(s). If Builders Risk insurance is required on this Project, a full and certified copy of that policy is required when the Contractor delivers the signed Contract for the work. 1-07.18(5) Coverages and Limits The insurance shall provide the minimum coverages and limits set forth below. 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 Contracting Agency’s recourse to any remedy available at law or in equity. All deductibles and self-insured retentions must be disclosed and are subject to approval by the Contracting Agency. The cost of any claim payments falling within the deductible or self-insured retention shall be the responsibility of the Contractor. In the event an additional insured incurs a liability subject to any policy’s deductibles or self-insured retention, said deductibles or self-insured retention shall be the responsibility of the Contractor. 1-07.18(5)A Commercial General Liability Commercial General Liability insurance shall be written on coverage forms at least as broad as ISO occurrence form CG 00 01, including but not limited to liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. Contractor shall maintain Commercial General Liability Insurance arising out of the Contractor’s completed operations for at least three years following Substantial Completion of the Work. Such policy must provide the following minimum limits: $2,000,000 Each Occurrence $3,000,000 General Aggregate $3,000,000 Products & Completed Operations Aggregate $2,000,000 Personal & Advertising Injury each offence $2,000,000 Stop Gap / Employers’ Liability each accident 1-07.18(5)B Automobile Liability Automobile Liability shall cover owned, non-owned, hired, and leased vehicles; and shall be written on a coverage form at least as broad as ISO form CA 00 01. If the work involves the transport of pollutants, the automobile liability policy shall include MCS 90 and CA 99 48 endorsements. Such policy must provide the following minimum limit: $1,000,000 Combined single limit each accident 1-07.18(5)C Workers’ Compensation The Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 1-07.23(1) Construction Under Traffic (May 2, 2017 APWA GSP) Revise the third sentence of the second paragraph to read: Accessibility to existing or temporary pedestrian push buttons shall not be impaired; if approved by the Contracting Agency activating pedestrian recall timing or other accommodation may be allowed during construction. Section 1-07.23(2) is supplemented with the following: Posting of “No Parking” Signs Prior to Work When necessary to complete the work specified under this contract, the Contractor shall furnish and install, at no expense to the Contracting Agency, temporary “No Parking” signs at least seventy four (74) hours in advance of start of work. The Contractor shall be responsible for coordinating the removal of non-compliant vehicles from the work zone with the Renton Police Department. All temporary “No Parking” signs shall clearly indicate the date(s) of construction and include the words “Tow Away Zone”. If the schedule of work changes, for any reason, the Contractor shall change the dates indicated on the sign. The contractor shall be onsite working on the days indicated on the sign. A range of dates that span multiple project areas will not be acceptable. 1-07.24 Rights of Way (July 23, 2015 APWA GSP) Delete this section 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 establis hed. 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. Add the following new section: 1-08.0(2) Hours of Work ******* Except in the case of emergency or unless otherwise approved by the Engineer, the normal working hours for the Contract shall be any consecutive 8-hour period between 7:00 a.m. and 6:00 p.m. Monday through Friday, exclusive of a lunch break. If the Contractor desires different than the normal working hours stated above, the request must be submitted in writing prior to the preconstruction conference, subject to the provisions below. The working hours for the Contract shall be established at or prior to the preconstruction conference. All working hours and days are also subject to local permit and ordinance conditions (such as noise ordinances). If the Contractor wishes to deviate from the established working hours, the Contractor shall submit a written request to the Engineer for consideration. This request shall state what hours are being requested, and why. Requests shall be submitted for review no later than 5 working days prior to the day(s) the Contractor is requesting to change the hours. If the Contracting Agency approves such a deviation, such approval may be subject to certain other conditions, which will be detailed in writing. For example: 1. On non-Federal aid projects, requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight-time costs for Contracting Agency representatives who worked during such times. (The Engineer may require designated representatives to be present during the work. Representatives who may be deemed necessary by the Engineer include, but are not limited to: survey crews; personnel from the Contracting Agency’s material testing lab; inspectors; and other Contracting Agency employees or third party consultants when, in the opinion of the Engineer, such work necessitates their presence.) 2. Considering the work performed on Saturdays, Sundays, and holidays as working days with regard to the contract time. 3. 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. 4. If a 4-10 work schedule is requested and approved the non working day for the week will be charged as a working day. 5. If Davis Bacon wage rates apply to this Contract, all requirements must be met and recorded properly on certified payroll Arterial Streets No work will be performed on arterial streets during the peak traffic hours of 7:00 a.m. – 9:00 a.m. and 3:30 p.m. – 6:00 p.m., except emergency work to restore services, unless a City-approved traffic control plan allows work during the peak hours. 1-08.1 Subcontracting (December 30, 2022 APWA GSP, Option A) Section 1-08.1 is supplemented with the following: 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 (WSDOT Form 421-012), and 2. Contractor and Subcontractor or Lower Tier Subcontractor Certification for Federal-aid Projects (WSDOT Form 420-004). The Contractor shall submit to the Engineer a completed Monthly Retainage Report (WSDOT Form 272-065) within 15 calendar days after receipt of every monthly progress payment until every subcontractor and lower tier subcontractor’s retainage has been released. 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. 1-08.3(2)A Type A Progress Schedule (December 30, 2022 APWA GSP) Revise this section to read: The Contractor shall submit 2 copies of a Type A Progress Schedule no later than at the preconstruction conference, or some other mutually agreed upon submittal time. The schedule may be a critical path method (CPM) schedule, bar chart, or other standard schedule format. Regardless of which format used, the schedule shall identify the critical path. The Engineer will evaluate the Type A Progress Schedule and approve or return the schedule for corrections within 15 calendar days of receiving the submittal. (******) When creating the progress schedule, the Contractor shall limit the number of slurry seal streets scheduled for work that day to those that can reasonably be completed within the working hours of that day. Taking into consideration that traffic shall be allowed on the slurried roadways before 5:00 PM, unless otherwise specified by the Engineer. The Contractor shall use his/her experience when creating the progress schedule to ensure streets will not need rescheduling due to the Contractor being unable to complete scheduled streets within the given working day. (******) Special Schedule Limitations All Locations – The slurry seal application on all streets adjacent to schools shall be completed before September 2, 2024. All Locations – Slurry seal and sweeping activities shall not occur on streets where solid waste collection is scheduled that day or the following day. 1-08.4 Prosecution of Work Delete this section and replace it with the following: 1-08.4 Notice to Proceed and Prosecution of Work (July 23, 2015 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. When shown in the Plans, the first order of work shall be the installation of high visibility fencing to delineate all areas for protection or restoration, as described in the Contract. Installation of high visibility fencing adjacent to the roadway shall occur after the placement of all necessary signs and traffic control devices in accordance with 1-10.1(2). Upon construction of the fencing, the Contractor shall request the Engineer to inspect the fence. No other work shall be performed on the site until the Contracting Agency has accepted the installation of high visibility fencing, as described in the Contract. 1-08.5 Time for Completion (December 30, 2022 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 all partial or whole days the Engineer declares as unworkable The statement will be identified as a Written Determination by the Engineer. If the Contractor does not agree with the Written Determination of working days, the Contractor shall pursue the protest procedures in accordance with Section 1-04.5. By failing to follow the procedures of Section 1-04.5, the Contractor shall be deemed as having accepted the statement as correct. If the Contractor is approved 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 (per Section 1-07.9(5)). b. Material Acceptance Certification Documents c. Monthly Reports of Amounts Credited as DBE Participation, as required by the Contract Provisions. d. Final Contract Voucher Certification e. Copies of the approved “Affidavit of Prevailing Wages Paid” for the Contractor and all Subcontractors f. A copy of the Notice of Termination sent to the Washington State Department of Ecology (Ecology); the elapse of 30 calendar days from the date of receipt of the Notice of Termination by Ecology; and no rejection of the Notice of Termination by Ecology. This requirement will not apply if the Construction Stormwater General Permit is transferred back to the Contracting Agency in accordance with Section 8-01.3(16). g. Property owner releases per Section 1-07.24 (******) Section 1-08.5 is supplemented with the following: This project shall be physically completed in its entirety within ***55*** working days. 1-09 MEASSUREMENT AND PAYMENT 1-09.2(5) Measurement (December 30, 2022 APWA GSP) Revise the first paragraph to read: Scale Verification Checks – At the Engineer’s discretion, the Engineer may perform verification checks on the accuracy of each batch, hopper, or platform scale used in weighing contract items of Work. 1-09.6 Force Account (December 30, 2022 APWA GSP) Supplement this section with the following: The Contracting Agency has estimated and included in the Proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of Contractor's total bid. However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by the Engineer. 1-09.7 Mobilization (December 30, 2022 APWA GSP) Delete this Section and replace it with the following: Mobilization consists of preconstruction expenses and the costs of preparatory Work and operations performed by the Contractor typically occurring before 10 percent of the total original amount of an individual Bid Schedule is earned from other Contract items on that Bid Schedule. Items which are not to be included in the item of Mobilization include but are not limited to: 1. Portions of the Work covered by the specific Contract item or incidental Work which is to be included in a Contract item or items. 2. Profit, interest on borrowed money, overhead, or management costs. 3. Costs incurred for mobilizing equipment for force account Work. Based on the lump sum Contract price for “Mobilization”, partial payments will be made as follows: 1. When 5 percent of the total original Bid Schedule amount is earned from other Contract items on that original Bid Schedule, excluding amounts paid for materials on hand, 50 percent of the Bid Item for mobilization on that original Bid Schedule, 5 percent of the total of that original Bid Schedule, or 5 percent of the total original Contract amount, whichever is the least, will be paid. 2. When 10 percent of the total original Bid Schedule amount is earned from other Contract items on that original Bid Schedule, excluding amounts paid for materials on hand, 100 percent of the Bid Item for mobilization on that original Bid Schedule, 10 percent of the total of that original Bid Schedule, or 10 percent of the total original Contract amount, whichever is the least, will be paid. 3. When the Substantial Completion Date has been established for the project, payment of any remaining amount Bid for mobilization will be paid. Nothing herein shall be construed to limit or preclude partial payments otherwise provided by the Contract. 1-09.9 Payments (December 30, 2022 APWA GSP) Section 1-09.9 is revised to read: The basis of payment will be the actual quantities of Work performed according to the Contract and as specified for payment. The Contractor shall submit a breakdown of the cost of lump sum bid items at the Preconstruction Conference, to enable the Project Engineer to determine the Work performed on a monthly basis. A breakdown is not required for lump sum items that include a basis for incremental payments as part of the respective Specification. Absent a lump sum breakdown, the Project Engineer will make a determination based on information available. The Project Engineer’s determination of the cost of work shall be final. 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 payments. 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 — based on the approved Contractor’s lump sum breakdown for that item, or absent such a breakdown, based on the Engineer’s determination. 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), on non FHWA-funded projects; 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 final in accordance with Section 1-05.1. Failure to perform obligations under the Contract by the Contractor may be decreed by the Contracting Agency to be adequate reason for withholding any payments until compliance is achieved. Upon completion of all Work and after final inspection (Section 1-05.11), the amount due the Contractor under the Contract will be paid based upon the final estimate made by the Engineer and presentation of a Final Contract Voucher Certification to be signed by the Contractor. The Contractor's signature on such voucher shall be deemed a release of all claims of the Contractor unless a Certified Claim is filed in accordance with the requirements of Section 1 -09.11 and is expressly excepted from the Contractor’s certification on the Final Contract Voucher Certification. The date the Contracting Agency signs the Final Contract Voucher Certification constitutes the final acceptance date (Section 1-05.12). If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher Certification or any other documentation required for completion and final acceptance of the Contract, the Contracting Agency reserves the right to establish a Completion Date (for the purpose of meeting the requirements of RCW 60.28) and unilaterally accept the Contract. Unilateral final acceptance will occur only after the Contractor has been provided the opportunity, by written request from the Engineer, to voluntarily submit such documents. If voluntary compliance is not achieved, formal notification of the impending establishment of a Completion Date and unilateral final acceptance will be provided by email with delivery confirmation from the Contracting Agency to the Contractor, which will provide 30 calendar days for the Contractor to submit the necessary documents. The 30 calendar day period will begin on the date the email with delivery confirmation is received by the Contractor. The date the Contracting Agency unilaterally signs the Final Contract Voucher Certification shall constitute the Completion Date and the final acceptance date (Section 1-05.12). The reservation by the Contracting Agency to unilaterally accept the Contract will apply to Contracts that are Physically Completed in accordance with Section 1-08.5, or for Contracts that are terminated in accordance with Section 1-08.10. Unilateral final acceptance of the Contract by the Contracting Agency does not in any way relieve the Contractor of their responsibility to comply with all Federal, State, tribal, or local laws, ordinances, and regulations that affect the Work under the Contract. Payment to the Contractor of partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 1-09.11(3) Time Limitation and Jurisdiction (December 30, 2022 APWA GSP) Revise this section to read: For the convenience of the parties to the Contract it is mutually agreed by the parties that all claims or causes of action which the Contractor has against the Contracting Agency arising from the Contract shall be brought within 180 calendar days from the date of final acceptance (Section 1- 05.12) of the Contract by the Contracting Agency; and it is further agreed that all such claims or causes of action shall be brought only in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. The parties understand and agree that the Contractor’s failure to bring suit within the time period provided, shall be a complete bar to all such claims or causes of action. It is further mutually agreed by the parties that when claims or causes of action which the Contractor asserts against the Contracting Agency arising from the Contract are filed with the Contracting Agency or initiated in court, the Contractor shall permit the Contracting Agency to have timely access to all records deemed necessary by the Contracting Agency to assist in evaluating the claims or action. 1-09.13(3)A Arbitration General (January 19, 2022 APWA GSP) Revise the third paragraph to read: The Contracting Agency and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior Court of the county in which the Contracting Agency’s headquarters is located, provided that where claims subject to arbitration are asserted against a county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. The decision of the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall use the Contract as a basis for decisions. 1-09.13(4) Venue for Litigation (December 30, 2022 APWA GSP) Revise this section to read: Litigation shall be brought in the Superior Court of the county in which the Contracting Agency’s headquarters is located, provided that where claims are asserted against a county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. It is mutually agreed by the parties that when litigation occurs, the Contractor shall permit the Contracting Agency to have timely access to all records deemed necessary by the Contracting Agency to assist in evaluating the claims or action. 1-10 TEMPORARY TRAFFIC CONTROL 1-10.2 Traffic Control Management (******) 1-10.2(1) General Section 1-10.2(1) is supplemented with the following: The Contractor shall have adequate traffic control personnel and equipment on site during and after the slurry seal application to prevent vehicles and pedestrians from damaging the wet slurry seal. At a minimum, one flagger shall be located at each end of the road being slurry sealed at the time of application. END OF DIVISION 1 DIVISION 2 – EARTHWORK 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP 2-01.1 Description Section 2-01.1 is supplemented with the following: (******) “Shoulder & Street Preparation” means removing and disposing of all unwanted material, including grass, vegetation, moss, soil, or other debris adjacent to the existing edge of pavement or curb/gutter and/or within the limits of the project as shown in the Plans. Trimming and disposal of vegetation that is overgrown into the pavement limits and any additional street sweeping beyond the “Street Sweeping” bid item or pressure washing shall fall under Shoulder & Street Preparation. 2-01.2 Disposal of Usable Material and Debris The third paragraph of Section 2-01.2 is replaced with the following: (******) The Contractor shall dispose of debris by Disposal Method No. 2 as described in Section 2-03.3(7)C. 2-01.3 Construction Requirements Section 2-01.3 is supplemented with the following: (******) Shoulder & Street Preparation The Contractor shall: 1. Complete the shoulder preparation ahead of slurry seal operations 2. Apply chemical herbicide to all vegetative material within the crack seal and slurry seal limits. 3. Remove and dispose of all vegetative material within the crack seal and slurry seal limits. Contractor shall take care to prevent damage to landscaping plants or other vegetation on private property in close proximity to the roadway. The Contractor is responsible for all costs associated with the protection of this private landscaping. The Contractor shall assume responsibility for all repair/replacement costs for landscaping damaged by activities associated with the work. As directed by the Engineer, chemical herbicide shall be applied in accordance with Section 5-04.3(5)D. Street Sweeping The Contractor shall use self-propelled pickup street sweepers to clean the streets before and after the slurry seal is applied to prepare the streets for slurry seal and prevent the transport of sediment off the project site. The Contractor shall utilize the brooms on the sweepers to pick up the loose material that sheds after the slurry seal application is complete. The streets shall be swept at the following times: 1. Immediately prior to the slurry seal application (per section 5-06 of the specifications). 2. Seven to 10 days after slurry seal application. 3. Three weeks after slurry seal application. 4. Three months after slurry seal application. The contractor shall schedule all post-slurry seal sweeps around regularly scheduled day for solid waste service. Street sweepers shall be designed and operated to meet air quality standards. 2-01.4 Measurement Section 2-01.4 is supplemented with the following: (******) Shoulder & Street Preparation shall be by force account. “Shoulder & Street Preparation” will be paid for by force account as specified in Section 1-09.6. For the purpose of providing a common proposal for all bidders, the Contracting Agency has entered an amount in the proposal to become a part of the total bid by the Contractor. No unit of measurement shall apply to the lump sum price for street sweeping. 2-01.5 Payment Section 2-01.5 is supplemented with the following: “Shoulder & Street Preparation”, per force account. “Street Sweeping”, per lump sum. END OF DIVISION 2 DIVISION 3 AGGREGATE PRODUCTION AND ACCEPTANCE 3-04 Acceptance of Aggregate 3-04.1 Description (*****) Revision Replace this section with the following: This work shall consist of acceptance of aggregate as provided for under statistical or nonstatistical evaluation. All aggregates shall meet the requirements in Section 5-06. Nonstatistical evaluation will be used for the acceptance of aggregate materials. 3-04.2 Materials (*****) Revision Replace this section with the following: Material shall meet the requirements of the following section: Aggregates 5-06.2 3-04.3 Construction Requirements 3-04.3(1) General (*****) Replace this section with the following: For the purpose of statistical and nonstatistical acceptance sampling and testing, all test results obtained for a material type will be evaluated collectively. Sublot sampling and testing will be performed according to 5-06. 3-04.3(4) Testing Results (*****) Replace this section with the following: The results of all acceptance testing performed in the field and the Composite Pay Factor (CPF) of the lot after all sublots have been tested will be available to the Contractor by request to the Engineer. 3-04.3(5) Nonstatistical Evaluation (*****) Replace this section with the following: Each lot of aggregate materials produced under nonstatistical evaluation and having all constituents falling within the specification limits shall be accepted with no further evaluation. When one or more constituents fall outside the specification limits, up to one additional test for each non-compliant sublot will be performed at the Contractors expense. If this additional test does not yield results complying to these specifications, then the test results of the sublots shall be evaluated in accordance with Section 1- 06.2 using the price adjustment factors from Table 2 to determine the appropriate CPF. The maximum CPF shall be 1.00. If the CPF is below 1.00 but is equal to or above 0.75, a price adjustment will be calculated in accordance with Section 3-04.3(8). Visual inspection will be completed by the City to confirm on-site materials match Contractor testing. 3-04.3(8) Price Adjustments for Quality of Aggregate (*****) Add the following to this section: For slurry seal aggregate, Contingent Unit Prices from Table 1 shall be used in lieu of unit bid price, and any volume calculation used will assume a CY value with a ¼” depth of aggregate material. 3-04.5 Payment (*****) New Add the following new line and footnote to Table 1: Aggregate Acceptance Parameters: Standard Specifications Item Maximum Sublot Size (Tons) Maximum Sublot Size (CY) Contingent Unit Price Per Ton Contingent Unit Price Per CY 5-06 (Special Provision) Aggregate for Slurry Seal N/A N/A N/A $40.004 4Contingent unit price per S.Y. is $0.28 Add the following new line to Table 2: Price Adjustment Factors: END DIVISION 3 St a n d a r d S p e c i f i c a t i o n s It e m Ma x i m u m S i z e S i e v e : 10 0 % P a s s No m i n a l M a x i m u m S i z e Si e v e : 1 0 0 % P a s s 1 Ot h e r S p e c i f i c a t i o n s Si e v e s # 4 a n d L a r g e r Sp e c i f i c a t i o n S i e v e s : # 8 to # 1 0 0 #2 0 0 S i e v e Sa n d E q u i v a l e n t Fr a c t u r e 2 Ot h e r 5-06 (Special Provision) Aggregate for Slurry Seal 2 2 5 5 10 15 15 N/A DIVISION 5 SURFACE TREATMENTS AND PAVEMENTS 5-06 Vacant (*****) Section 5-06, including title, is revised to read as follows: 5-06 Slurry Seal 5-06.1 Description The Work covered by these Specifications includes the design, testing, construction and quality control required for the proper application of an emulsified asphalt slurry seal surface treatment. The Contractor shall furnish all materials, transportation, labor, tools, equipment and services necessary for the full and complete installation of latex modified Slurry Seal to existing asphalt streets and all incidental items necessary to complete the Work as described in the Plans. Contractor shall provide a slurry sealing plan a minimum of three (3) weeks before slurry seal application that identifies pass length, width, and direction. 5-06.2 Materials The Slurry Seal shall consist of a mixture of an approved emulsified asphalt, mineral aggregate, water and specified additives properly proportioned, mixed and uniformly spread over a prepared surface as approved by the Contracting Agency’s Engineer. The completed slurry seal shall leave a homogeneous mat, adhere firmly to the prepared surface and have a skid resistant surface texture. 5-06.2(1) Latex Emulsified Asphalt Latex emulsified asphalt shall be a quick traffic, quick cure LM-CQS-1-H type or equivalent. It shall be homogeneous and show no separation after thorough mixing. It shall break and set on the aggregate within five (5) minutes and be ready for cross-traffic within five to thirty minutes. Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance to assure that it is the same as in the mix design. The latex asphalt emulsion shall conform to these requirements. QUALITY TEST REQUIREMENT Residue after Distillation AASHTO T59/ASTM D244 60% min Viscosity, SSF @ 77○F, sec AASHTO T59/ASTM D244 16-90 sec TEST ON RESIDUE FROM DISTILLATION TEST QUALITY TEST REQUIREMENT Penetration @ 77○F AASHTO T49/ASTM 2397 40-90 dmm Softening Point (Ring & Ball), degrees F ASSHTO T53/ASTM D36 135-147 5-06.2(2) Mineral Aggregate 5-06.2(2)A General The mineral aggregate used shall be the type and grade specified for the particular use of slurry seal. The mineral aggregate shall be 100% crushed rock of an angular, sound, durable nature; clean and free of vegetative matter or other deleterious substances. Smooth textured sand of less than 1.25% water absorption shall not exceed 50% of the total aggregate. The contractor shall submit the names, addresses, and contact info for the two source pits (planned source pit and back-up source pit) 3 weeks prior to the start of slurry seal application. 5-06.2(2)B Testing When tested according to the following tests, the aggregate (prior to the addition of any mineral filler such as cement or lime), shall meet the following requirements: TEST TEST METHOD REQUIREMENT Sand equivalent AASHTO-T176 or ASTM-D2419 45 min. (Type II) Soundness AASHTO-T104 or ASTM-C88 15% max. (using sodium sulfate) 15% max. (using magnesium sulfate) Abrasion Resistance AASHTO-T96 or ASTM-C131 35% max. at 500 revolutions on gradation D Plasticity ASTM D4398 Non-plastic Durability Index ASTM D3744 55 min. (Type II) 5-06.2(2)C Gradation When tested according to AASHTO T27 (ASTM C136) and AASHTO T11 (ASTM C117), the aggregate shall meet the following gradation requirements prior to the addition of any mineral fillers. SIEVE SIZE TYPE 2 Stockpile Tolerances 3/8” 100 0 No. 4 90-100 +/- 5% No. 8 65-90 +/- 5% No. 16 45-70 +/- 5% No. 30 30-50 +/- 5% No. 50 18-30 +/- 4% No. 100 10-21 +/- 3% No. 200 5-15 +/- 2% Visual inspection will be performed by the City, or the City’s agents, to verify materials on site match the previously submitted and approved materials. 5-06.2(3) Mineral Filler Mineral fillers shall only be used if needed to improve the workability of the mix as determined by the laboratory mix design and only if their amounts can be metered. The mineral filler shall be Portland cement, hydrated lime, limestone dust, flyash or other approved filler meeting the requirements of ASTM D242 if required by the mix design. They shall be considered as part of the dry aggregate. 5-06.2(4) Water Water shall be free of harmful, soluble salts and shall be of such quality that the asphalt shall not separate from the emulsion before the slurry seal is in place in the Work. 5-06.2(5) Carboxylated Polymer Latex Poly-chloroprene-methacrylic acid latex with polyvinyl alcohol shall be added to the water/soap phase prior to the mill manufacture of the emulsified asphalt by the emulsion producer. The amount of latex shall be 3 percent of the asphalt residual content. Samples shall be provided and shall conform to the following requirements: TEST REQUIREMENT Total solids, min, % 47 Average particle size um (micron) 0.3 PH at 25 degrees C 7 Brookfield viscosity at 25 degrees C 350-500 Mechanical stability, min 650 5-06.3 Construction Requirements 5-06.3(1) Mix Design 5-06.3(1)A General The Contractor shall submit to the Contracting Agency’s Engineer for approval a complete mix design prepared and certified by the laboratory three (3) weeks prior to the commencement of Work. Compatibility of the aggregate, emulsion, mineral filler, and other additives shall be verified by the mix design. The mix design shall be made with the same aggregate gradation that the Contractor shall provide on the project. The mix design shall be incidental to the project. The design must be performed by a qualified laboratory approved by the International Slurry Seal Association. Previous lab reports covering the exact materials to be used may be accepted, provided they were made during the project calendar year. Once the materials are approved, no substitutions will be permitted unless first tested by the laboratory preparing the mix design and approved by the Contracting Agency. 5-06.3(1)B Laboratory Requirements and Report Sources of all materials shall be selected prior to the commencement of Work, allowing sufficient time to have all materials tested by a qualified laboratory acceptable to the Contracting Agency. Aggregate samples shall be taken from the stockpile of aggregate to be incorporated into the slurry mixtures. The Contractor shall ensure all items and materials required to determine the slurry mixture shall be compliant with these specifications. The laboratory shall determine the theoretical asphalt content and whether a mineral filler or additive is needed, and if so, to what proportions. The laboratory shall submit a complete laboratory analysis and test report prior to the commencement of Work. The laboratory shall supply analysis and test report through the Contractor. Such analysis and report shall be the original signed certificates and documents for all necessary items concerning the mix design and the specified materials. All pre-construction sampling and testing shall be at the expense of the Contractor. Any additional tests deemed necessary during actual construction shall be paid for by the Contracting Agency, unless the materials are found out of compliance with these Specifications, in which case the Contractor shall bear all costs for testing of non-compliant and replacement materials. The laboratory report will show the results of test performed on the individual materials, comparing their values to those required by these Specifications. The report will also provide the results from the following test methods on the slurry seal mixture. TEST DESCRIPTION SPEC ISSA TB-106 Slurry Seal Consistency (in. mm) 1-2 (30) max ISSA TB-139 Wet Cohesion 30 minutes minimum set 12 kg-cm min 60 minutes minimum set 20 kg-cm min ISSA TB-114 Wet Stripping Test ISSA TB-100 Wet Track Abrasion 75 g/ft2 (800 g/m2 max) ISSA TB-115 Compatibility Passa Pass (90% min) ISSA TB-113 bMix Time Controllable to 180 seconds, minimum aMixing test must pass at the maximum expected air temperature at the project site during application. bThe mixing test and set time test should be done at the highest temperatures expected during construction. The laboratory shall further report the quantitative effects of moisture content on the unit weight of the aggregate (bulking effect). The laboratory report must clearly show the proportions of aggregate, mineral filler (min. and max.), water (min. and max.), additive(s) and their usage, and asphalt emulsion based on the dry weight of the aggregate. All the component materials used in the mix design shall be representative of the materials proposed by the Contractor to be used on the project. The percentages of each individual material required shall be shown in the laboratory report. Adjustments may be required during the construction, based on the field conditions. 5-06.3(2) Equipment 5-06.3(2)A General All equipment, machinery, apparatus and tools specified and incidental to the performance of this Work shall be maintained in satisfactory working order at all times. The specific equipment to be used for proportioning, mixing, and applying the slurry seal along with appropriate descriptive information on calibration and related devices on said equipment shall be available for inspection not less than two (2) days before the Work starts. The Contracting Agency reserves the right to disqualify equipment because of its age, capacity, capability, mechanical condition or other factors which could cause substandard performance and/or excessive delays or unreasonable inconvenience to the public. The Contractor shall have daily access to back-up equipment parts in the event of failure or breakdown. 5-06.3(2)B Slurry Mixing Equipment The slurry seal mixing equipment shall be a continuous flow mixing unit and have suitable means of accurately metering each individual material being fed into the mixing chamber. All feeding mechanisms must be continuous feed and proportioning according to the mix design must remain constant at all times. The units shall be equipped with approved devices so that the unit can be properly calibrated, and the quantities of material used during any one period can be readily determined. In the event these metering devices stop working, the slurry unit(s) may be stopped until they are fixed. The emulsion storage tank of the mixing unit shall be so equipped with a convenient device, calibrated in ten (10) gallon increments, so as to measure the quantity of emulsion actually used with each mixer load of slurry. The aggregate gate shall be equipped with a convenient device calibrated in inches to determine the gate setting of the aggregate feed. Devices used for metering and blending additive are subject to approval by the Contracting Agency. The unit shall be capable of mixing all materials at pre-set proportions regardless of speed of unit. The mixing unit shall thoroughly blend all materials without violent agitation to form a homogeneous mass before discharge from the mixer. The unit shall have a water pressure system, and fog type spray bar adequate for complete fogging of the surface preceding the spreading apparatus. 5-06.3(2)C Slurry Spreading Equipment The slurry spreader shall be a mechanical type squeegee distributor equipped to prevent loss of slurry mixture from all sides and with a rear discharge gate equipped with a single flexible strike off. The addition of extra tail rubbers or the addition of extra weight to be spreader box will not be permitted. It shall be capable of producing a uniform surface spread across its full width. It shall be maintained during use to prevent loss of slurry mixture of varying grades and crown by adjustments to assure a uniform spread. It shall have suitable means for side tracking to compensate for deviation in pavement geometry. It shall have an adjustable width. Any type of drag used shall be subject to approval by the Contracting Agency’s Engineer and kept in a completely flexible condition at all times. The spreader shall be kept reasonable clean and build- up of asphalt and aggregate shall not be permitted. 5-06.3(2)D Auxiliary Equipment Suitable crack and surface cleaning equipment, barricading equipment, hand tools and any support equipment should be provided as necessary to perform the Work. All surface preparations including final sweeping prior to application shall be performed by the Contractor. 5-06.3(3) Machine Calibration and Verification 5-06.3(3)A Calibration Each slurry mixing unit in performance of the Work shall be calibrated with the approved source material in the presence of the Contracting Agency prior to starting the project. Previous calibration documentation covering the exact materials to be used may be approved, provided they were made during the calendar year. The documentation shall include an individual calibration of each material at various settings, which can be related to the machine's metering device(s). No machine will be allowed to Work on the project until the calibration has been completed and/or accepted. 5-06.3(3)B Verification A test strip will be made after calibration and prior to starting the project. Test strips shall be a portion of the project. The Contractor and the Contracting Agency Inspector shall compute the spread application rate to assure the minimum pounds per square yard have been applied. After the Contracting Agency has approved the test strip, the Contractor may proceed with the Work. If a test strip is not approved, the Contractor will stop Work until a test strip is made which meets the Contracting Agency’s approval. All Work on the project shall be at least equal in quality to the approved test strip. See Section 5-06.3(6) Quality Control. 5-06.3(4) Weather Limitations Slurry seal shall not be applied when the forecasted weather indicates a high temperature of less than 65 degrees F., a humidity greater than 70% or a chance of rain greater than 10%. Slurry seal shall not be applied if either the pavement or air temperature is below 55 degrees F. Slurry seal shall not be applied when rain or freezing temperatures are forecasted the first 24 hours before or after placement. Slurry damaged by rain or freezing temperatures within the first 24 hours after application shall be replaced by the Contractor to the satisfaction of the Engineer at no additional cost to the Contracting Agency. The Contractor shall clean the street of all remaining slurry mix materials prior to re-application. The mixture shall be applied such that traffic shall be allowed on the slurried roadways before 5:00 PM the day of slurry seal application, or until the slurry seal has sufficiently cured, unless otherwise specified by the Engineer. 5-06.3(5) Construction 5-06.3(5)A Surface Preparation Prior to applying the slurry seal to each street, the Contractor shall remove all thermoplastic markings, thickened painted markings and pavement markers (including, but not limited to: raised pavement markers, stripes, stop bars, crosswalks, and legend items). All existing painted or thermoplastic stripes and pavement markings with a profiled thickness shall be removed by grinding. Immediately prior to applying the slurry seal, the surface shall be cleared of all loose material, oil spots, vegetation, and other objectionable material and will be subject to the approval of the Contracting Agency’s Engineer prior to application. Sweeping shall be performed by the Contractor using a self-contained power sweeper. See Section 2-01. Immediately before commencing the slurry seal operations, all surface metal utility covers (including survey monuments) shall be protected by thoroughly covering the surface with an appropriate adhesive and oiled or plastic paper. The Contractor must identify locations for all utility covers (for example through paint locates outside of the roadway shoulder). The Contractor must be able to produce these locations for the Engineer upon request until after all covers are uncovered. No adhesive material shall be permitted to cover, seal or fill in the joint between the frame and cover of the Structure. Covers are to be uncovered and cleaned of slurry material by the end of the same workday. Prior to start of the slurry seal application, the Contractor shall install inlet protection (catch basin inserts) in all catch basins and other storm drainage inlets within the area of the Work. The catch basin inserts shall be left in place until the final sweeping is completed and maintained per the third paragraph of 8 -01.3(9)D Inlet Protection. The Contractor shall place a cone in the middle of each driveway when slurry seal is not to be driven on. Cones shall be removed by the Contractor once the street is re-opened to traffic. Cones shall comply with Figure 6F-7 of the MUTCD and have a minimum height of 18 inches. 5-06.3(5)B Application All workers shall have sufficient skill and experience to properly perform the Work assign ed to them. Workers engaged in special or skilled works shall have sufficient experience in such Work and in the operation of the equipment to perform all Work properly and satisfactorily. Thus the Contractor shall have an experienced crew on each spreader and any other equipment. The surface shall be pre-wetted by fogging ahead of the slurry spreader when required by field conditions. Water shall be applied uniformly across the entire surface width to achieve a damp surface with no apparent flowing water gathering in front of the spreader. The rate of application of the fog spray shall be adjusted during the day to suit temperatures, surface texture, humidity, and dryness of the pavement surface. The slurry mixture shall be of the desired consistency upon leaving the mixer and no additional materials or water shall be added. Total time of mixing should not exceed four (4) minutes. A sufficient amount of slurry mixture shall be carried in all parts of the spreader at all times to ensure that complete coverage is obtained. Overloading of the spreader shall be avoided. No lumping, balling, or unmixed aggregate will be permitted. No segregation of the emulsion and aggregate will be permitted. Progress and spreading of mixture shall be maintained to not allow the "breaking" of emulsion in the spreader box. No streaks, such as those caused by oversized aggregate, will be left in the finished surface. If excess oversize develops, the job will be stopped until the Contractor proves to the Contracting Agency’s Engineer that the situation has been corrected. The Contractor shall be responsible for the removal of all excess slurry mixture spread, spilled, spattered, or tracked beyond street limits, on driveways, sidewalks, curbs, and other related items. The Contractor shall provide clean edges at the extents of slurry seal application. Hand tools shall be available in order to remove spillage. Ridges or bumps in the finished surface will not be permitted. The mixture shall be uniform and homogeneous after spreading on the surface and shall not show separation of the emulsion and aggregate after setting. Adequate means shall be provided to protect the slurry seal from damage from traffic until such time that the mixture has cured sufficiently so that the slurry seal will not adhere to and be picked up by the tires of the vehicles or leave tire marks in the surface of the slurry. The Contractor shall repair all tire marks before leaving the area, and all repairs shall be incidental. Any tire marks unable to be repaired before leaving the area will then be finished at or before the end of the project. Flaggers shall be provided in accordance with Section 1-10.2(1). 5-06.3(5)B Rate of Application The slurry mixture shall be of proper consistency at all times to provide a homogeneous mat that will provide the amount of mixture required by the surface condition. The minimum application rate is as follows: Type 2 Parking Lots ---- Streets 10-15 lbs/sy Nominal Thickness of finished mat 3/16” The minimum application rate shall be met for each truckload. The maximum rate shall be determined by the street surface condition. The application shall be such, as to provide a depth sufficient to correct surface conditions, fill surface voids and raveling, provide sealing and provide a sufficient wearing surface. 5-06.3(5)C Joints No excess buildup, uncovered areas or unsightly appearance shall be permitted on longitudinal or transverse joints. The Contractor shall start transverse joints on kraft paper or roofing felt to produce clean joints. An excessive overlap will not be permitted on longitudinal joints. The Contractor shall provide suitable width spreading equipment to produce a minimum number of longitudinal joints throughout the project. When possible, longitudinal joints shall be placed on lane lines. Half passes and odd width passes will be used only in minimum amounts. If half passes are used, they shall not be the last pass of any paved area. A maximum of three inches (3”) shall be allowed for overlap of longitudinal lane line joints. Sufficient building paper, or other similar materials, shall be maintained by the Contractor for use at project limits to provide a clean, neat edge. Joints between asphalt pavement and concrete curb shall be completely and neatly sealed without excessive slipover onto the concrete, and unsightly and objectionable, excess shall be immediately removed. The flow line at the curb shall be completed to allow storm drainage flow without ponding along the curb line. 5-06.3(5)D Mix Stability The slurry mixture shall possess sufficient stability so that premature breaking of the slurry seal in the spreader box does not occur. The mixture shall be homogeneous during the following mixing and spreading, it shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Spraying of additional water into the spreader box will not be permitted. 5-06.3(5)E Hand Work Areas which cannot be reached with slurry seal machine shall be surfaced using hand squeegees to provide complete and uniform slurry seal coverage. The area to be hand -worked shall be lightly dampened prior to mix placement and the slurry worked immediately. Care shall be exercised to leave no unsightly appearance from handwork. The same type of finish as applied by the spreader box shall be required. Handwork shall be completed during the machine applying process. It should be understood that sufficient personnel, to complete all handwork during the same time as machine Work is required, so as to minimize the need for follow-up patchwork. Care shall be exercised to ensure a proper application rate to handwork areas. 5-06.3(5)F Lines Care shall be taken to insure straight lines along curbs, driveways, shoulders, and speed humps. No runoff on these areas will be permitted. Excess runoff shall not be considered for payment. Lines at intersections shall be kept straight to provide a good appearance. 5-06.3(5)G Clean-Up All areas not to intended to receive slurry treatment, such as manholes, concrete gutters and intersections, shall have the slurry seal removed by the Contractor to the satisfaction of the Contracting Agency Inspector. The Contractor shall remove any debris associated with the performance of the Work, on a daily basis. The Contractor shall be responsible for immediate cleanup of any spills associated with the Contractor's operations. Damage caused by the Contractor's operations shall be repaired or replaced by the Contractor and must meet the approval of the Contracting Agency’s Engineer. Excess aggregate shall be removed after Work is completed at each staging area. Areas that have been sanded shall be swept clean within twelve (12) hours after traffic control is removed. The Contractor must have a hydrant use permit if making use of City hydrants. Catch basin inserts/inlet protections shall be removed after the final street sweeping has been completed. 5-06.3(5)H Curing The applied Slurry Seal shall be cured for such time that the street may be opened to traffic after application without tracking or damage to the surface. The minimum time for curing the applied Slurry Seal shall be four (4) hours. The Contractor shall protect the area for the full curing period with suitable barricades and signs and monitor the site with personnel to ensure no veh icles drive on the slurry seal. Traffic cones shall be placed at each adjacent alley opening and driveway when slurry seal is not to be driven on. Barricades, signs and traffic cones shall be removed by the Contractor once the street is re-opened to traffic. Traffic cones shall have a minimum height of eighteen (18) inches. Activities conducted under this section shall be considered incidental to the Work. 5-06.3(6) Quality Control 5-06.3(6)A Materials The Contractor shall permit the Contracting Agency to take samples of the aggregate and asphalt emulsion used in the project at the Contracting Agency’s discretion. The Contracting Agency may take aggregate samples at the supply pit, backup supply pit, and/or stockpile onsite. The Contractor shall make available the aggregate to be used at least 5 business days in advance of the first slurry seal application. Gradation and sand equivalent tests may be run on the aggregate and residual asphalt content tests on the emulsion. Test results will be compared to these Specifications and evaluated for acceptance according to Section 3-04 (SP). Items under the Quality Control listed in the Specifications Section 1-06.2 may be performed if deemed necessary by the Project Engineer or his/her designated Inspector during construction of the slurry seal. Failure of the Contracting Agency to perform these tests shall not constitute Final Acceptance of the finished product or the assumption that all Specifications have been met. Furthermore, all requirements of the performance bond shall remain in effect. 5-06.3(6)B Slurry Seal Samples of the slurry seal may be taken directly from the slurry unit(s). Consistency and residual asphalt content tests may be made on the samples and compared to the Specifications. Tests will be run at the expense of the Contracting Agency unless materials are found out of compliance with the Specifications, in which case Contractor shall bear all cost of resurfacing the street. The Contracting Agency will notify the Contractor immediately if any test fails to meet Specifications. The Contracting Agency may use the recorders and measuring facilities of the slurry seal unit to determine application rates, asphalt emulsion content, mineral filler and additives(s) content for an individual load. The Contractor shall instruct the Contracting Agency’s Inspector how to calculate the application rate per square yard utilizing the Contractor’s proportioning devices. It is the responsibility of the Contractor to check stockpile moisture content and to set the machine accordingly to account for aggregate bulking. The Contractor shall submit a plan to be approved by the Contracting Agency for the monitoring of all dry materials. 5-06.3(6)C Tolerances Tolerances for individual materials as well as the slurry seal mixture are as follows: a) After the designed residual asphalt content is determined, a plus or minus one (+/- 1.0%) percentage point variation will be permitted. b) The percentage of aggregate passing each sieve shall be within the stockpile tolerance range as stated in section 5-06.2(2)B. c) The percentage of aggregate passing shall not go from the high end to the low end of the specified range of any two successive sieves. d) The slurry consistency shall not vary more than plus or minus 0.5 cm from the job mix formula after field adjustments. e) The rate of application once determined by the Contracting Agency shall not vary more the plus or minus 2 lbs./SY, while remaining within the design application rate. 5-06.3(6)D Non-Compliance If any two (2) successive tests fail on the stockpile material, the job may be stopped. It is the responsibility of the Contractor, at its own expense, to prove to the Contracting Agency that the aggregate conditions have been corrected. If any two (2) successive tests on the mix from the same machine fail, the use of the machine may be suspended. It will be the responsibility of the Contractor, at the Contractor’s own expense, to prove to the Contracting Agency’s Engineer that the problems have been corrected and that the machine is working properly. 5-06.3(6)E Slurry Quality Compliance Price Adjustment Any lots that do not meet the quality requirements as shown in Appendix B or lots that do not meet the quality level established with the test strip as determined from visual inspection by the Engineer are subject to a Slurry Quality Compliance Price Adjustment. This includes quality considerations for coverage, application rate, cohesive mixing, clean project limits, longitudinal joints, casting protection, and tire damage. A lot for the purposes of this section is an area contained within the limits of questionable Slurry Seal Quality, as identified by the Engineer. A lot shall be quantified as a spot location (not exceeding 50 SY in area), per each. When a lot is identified by the Engineer as deficient, the Engineer will notify the Contractor. If the Contractor is able to remedy the area before the slurry is cured, the Engineer will re-evaluate for quality after curing is complete. If the quantity of cured lots that are identified as deficient exceeds 20, then the Contracting Agency has the option of invoking a deductive Quality Compliance Price Adjustment. For each Slurry Quality lot which does not meet the criteria of these specifications (including quality requirements as shown in Appendix B), the Engineer will provide the Contractor with a photo and a location and a description of the nature of deficient Quality. No Price Adjustment will be made if the Contractor has less than or equal to 19 deficient lots. The total value of the Slurry Quality Compliance Price Adjustment (SQCPA) shall be determined by the following calculation: SQCPA = [ 40 x (15 – Q) ] x UP Where SQCPA = Slurry Quality Compliance Price Adjustment ($) [deduction only] Q = Quantity of deficient lots (EA) UP = Unit bid price of the slurry seal ($/SY) 40 = adjustment factor (SY/EA) 5-06.4 Measurement Slurry Seal Type 2 will be measured by the SY as placed in the field. 5-06.5 Payment Payment will be made in accordance with Section 1-04.1, for the following Bid item when included in the Proposal: “Slurry Seal, Type 2”, per square yard. The unit Contract price per square yard for “Slurry Seal, Type 2” shall also be full payment for all costs associated with the slurry seal installation, protection cover and locates of utility lids; installation, maintenance, and removal of storm drain inlet protection (catch basin inserts); placement and removal of cones in driveways; and removal of raised pavement markers. The Contract Bid prices for the above pay item shall be full compensation for furnishing all materials and for all preparation, mixing and applying these materials, and for all labor, material, tools, equipment, and incidentals necessary to satisfactorily complete the Work including all incidental Work, as defined in the Plans and these Special Provisions. “Slurry Quality Compliance Price Adjustment”, shall be calculated as described in Section 5- 06.3(6)E. If invoked, deduction shall occur with the final pay estimate and be accounted for in the appropriate bid item of the accepted bid schedule. END DIVISION 5 DIVISION 7 - DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS (******) 7-07 CLEANING EXISTING DRAINAGE STRUCTURES 7-07.3 Construction Requirements Section 7-07.3 is supplemented with the following: All catch basins, manholes, and inlet structures shall be kept clean of all debris associated with grinding, paving, slurry sealing or other operations associated with the work. Existing drainage facilities containing debris from the Contractors operations shall be cleaned prior to final acceptance of the work. 7-07.5 Payment Section 7-07.5 is deleted in its entirety and replaced with the following: Cleaning existing drainage structures shall be incidental to the contract price of other items in the contract. END OF DIVISION 7 DIVISION 8 – MISCELLANEOUS CONSTRUCTION (******) 8-09 RAISED PAVEMENT MARKERS 8-09.1 Description Section 8-09.1 is supplemented with the following: This work shall consist of furnishing and installing raised pavement markers (RPMs) at locations designated in the Plans or as directed by the Engineer. Following placement of the asphalt concrete overlay, the Contractor shall furnish and install BLUE, Type 2B, RPMs perpendicular to each fire hydrant in the interior channelization of the adjacent lane. 8-09.5 Payment Section 8-09.5 is supplemented with the following: Payment will be made for the following bid item(s): “Raised Pavement Marker, Type 2B”, per hundred. (******) 8-22 PAVEMENT MARKINGS 8-22.1 Description Section 8-22.1 is supplemented with the following: This work shall consist of furnishing, installing, and removing pavement markings on roadway and parking lot surfaces in accordance with the Plans, City of Renton Pre-Approved Plans, and these Specifications, at locations shown in the Plans or as directed by the Engineer. (******) Pavement markings shall conform to the following WSDOT Standard Plans and City of Renton Standard Plans: COR 109 PAVEMENT MARKING NOTES COR 127 THERMOPLASTIC/PAINTED CROSSWALK COR 128 THERMOPLASTIC/PAINTED PARALLEL CROSSWALK M-20.10-03 LONGITUDINAL MARKING PATTERNS M-20.20-02 PROFILED AND EMBOSSED PLASTIC LINES M-24.20-02 SYMBOL MARKINGS ~ TRAFFIC ARROWS FOR HIGH-SPEED ROADWAYS M-24.40-02 SYMBOL MARKINGS ~ TRAFFIC ARROWS FOR LOW-SPEED ROADWAYS M-24.60-04 SYMBOL MARKINGS MISCELLANEOUS 8-22.2 Materials Section 8-22.2 Sentence #3 is deleted and replaced with the following: Glass beads for Type A plastic shall be as recommended by the manufacturer. Section 8-22.2 is supplemented with the following: Pavement markings shall follow City of Renton Standard Plan 109. White and yellow plastic pavement marking materials shall be as shown in Section 9-34.3. Glass beads for Type D plastic and Bonded Core Elements shall be as shown in Section 9-34.4 of these Special Provisions. 8-22.3 Construction Requirements Section 8-22.3 is supplemented with the following: Contractor shall notify the Engineer and request approval of the pre-mark channelization at least 48 hours prior to placement of pavement markings. Temporary Pavement Marking Temporary pavement markings shall be installed and maintained by the Contractor whenever permanent pavement markings are included in the Contract and traffic is released onto public streets or roadways prior to installation of permanent pavement markings. The Contractor shall perform preliminary layout work to the satisfaction of the Engineer prior to installation of temporary pavement markings. After approval of permanent lane markings, the Contractor shall remove the temporary lane markings to the satisfaction of the Engineer. The Contractor shall install and remove approved 4 inch wide reflective traffic tape for temporary pavement markings as specified in the Plans, these Special Provisions, or as directed by the Engineer. Appropriately colored 4-inch-wide reflective traffic tape shall be installed with a skip pattern based on a 10-foot unit consisting of a 1-foot line of tape and a 9-foot gap, unless otherwise specified on the Plans or in the Special Provisions. Reflective traffic tape markings shall generally follow the alignment for the permanent pavement markings and double lines shall be used when specified for the permanent pavement markings. Reflective tape shall not be used when the temporary pavement markings are to be exposed to traffic for more than two weeks without the written approval of the Engineer. Paint lines shall be provided for temporary pavement marking conditions not applicable for reflective tape. All costs in connection with the use of (placement and removal) reflective traffic tape as temporary pavement markings shall be incidental to other bid items. All costs for paint lines and reflective pavement markers used for temporary traffic control will be paid under those respective bid items. 8-22.3(3)E Installation Section 8-22.3(3)E is modified as follows: When applying paint, Type A or Type C material, ensure that both the pavement surface and the air temperature at the time of application are not less than 50°F and rising and pavement shall be dry for a minimum of 48 hours prior to installation. When applying Type B or Type D material, ensure that both the pavement surface and the ambient air temperature at the time of application are not less than 50°F and rising, and not more than 105°F. Relative humidity in the specific location of the installation shall be less than 85% and the surface temperature shall be at least 5°F above the dew point. Pavement shall be dry and rain-free 24 hours prior to installation. Prior to installation, the Contractor may request approval from City of Renton Transportation to deviate from the installation criteria listed above. If approved, the manufacturer’s installation criteria shall be followed. Section 8-22.3(3)E is supplemented with the following: Profiled Type D lines shall be installed per WSDOT Standard Plan M-20.20-01. 8-22.3(3)G Glass Beads Section 8-22.3(3)G is supplemented with the following: Glass beads shall be applied to Type D markings at a rate of eight (8) to ten (10) pounds per one hundred square feet. Bonded core elements shall be applied to Type D markings at a rate of ten (10) grams per four (4) inch wide by one (1) linear foot of marking. 8-22.3(6) Removing Pavement Markings Section 8-22.3(6) is supplemented with the following: Existing pavement markings within the construction limits, including stop bars, traffic arrows, lane markers, and raised pavement markers shall be removed prior to overlaying the roadway surface. All conflicting channelization shall be removed as necessary by sand blasting to install temporary pavement markings or after the final channelization has been installed. Removal of existing pavement markings shall be conducted using such methods to prevent damage to the remaining pavement. The use of chemicals that may be harmful to the pavement will not be allowed. Damaged pavement shall be replaced at the Contractor's 8-22.4 Measurement Section 8-22.4 is supplemented with the following: Measurement for the removal of all pavement markings will be per lump sum. 8-22.5 Payment Section 8-22.5 is modified as follows: The following bid items are deleted: “Removing Paint Line”, per linear foot. “Removing Plastic Line”, per linear foot. “Removing Painted Crosswalk Line”, per square foot. “Removing Plastic Crosswalk Line”, per square foot. “Removing Painted Traffic Marking”, per each. “Removing Plastic Traffic Marking”, per each. The following is a new bid item: “Removing Pavement Markings”, per lump sum. END OF DIVISION 8 City of Renton Contract Provisions for 2024 Slurry Seal ______________________________________________________________________________ APPENDICES City of Renton Contract Provisions for 2024 Slurry Seal Project ______________________________________________________________________________ APENDIX A: PREVAILING HOURLY MINIMUM WAGE RATES APPENDIX A - PREVAILING WAGE RATES Prevailing wage rates can be found at: https://secure.lni.wa.gov/wagelookup/ Use July 11, 2024 rates (published date - use bid date) King County City of Renton Contract Provisions for 2024 Slurry Seal Project ______________________________________________________________________________ APENDIX B: STANDARD PLANS APPENDIX B – STANDARD PLANS ALL PAVEMENT MARKINGS SHALL CONFORM TO THE FOLLOWING WSDOT STD. PLANS, EXCEPT CROSSWALK MARKINGS AND STOP BARS SHALL BE PER CITY OF RENTON STD. PLANS 127 AND 128. WSDOT STD. PLANS NOT INCLUDED BELOW SHALL REQUIRE APPROVAL FROM CITY OF RENTON PUBLIC WORKS/TRANSPORTATION. M-3.10 LEFT TURN CHANNELIZATION M-3.20 LEFT-TURN CHANNELIZATION REDUCED TAPERS M-3.30 LEFT-TURN CHANNELIZATION TEE INTERSECTION AND BACK-TO-BACK TURN LANES M-3.40 TWO-WAY LEFT-TURN AND MEDIAN CHANNELIZATION M-3.50 DOUBLE LEFT TURN CHANNELIZATION M-5.10 RIGHT TURN CHANNELIZATION M-9.50 BICYCLE LANE SYMBOL LAYOUT M-9.60 SHARED - USE PATH MARKINGS M-11.10 RAILROAD CROSSING LAYOUT M-12.10 ROUNDABOUT PAVEMENT MARKINGS M-20.10 LONGITUDINAL MARKING PATTERNS M-20.30 LONGITUDINAL MARKING SUPPLEMENT WITH RAISED PAVEMENT MARKERS M-20.40 LONGITUDINAL MARKING SUPPLEMENT WITH RPMS ~ TURN LANES M-20.20 PROFILED AND EMBOSSED PLASTIC LINES M-24.20 SYMBOL MARKINGS ~ TRAFFIC ARROWS FOR HIGH-SPEED ROADWAYS M-24.40 SYMBOL MARKINGS ~ TRAFFIC ARROWS FOR LOW-SPEED ROADWAYS M-24.60 SYMBOL MARKINGS MISCELLANEOUS LONGITUDINAL PAVEMENT MARKINGS SHALL CONSIST OF PROFILED AND EMBOSSED METHYL METHACRYLATE MMA), OR UNLESS OTHERWISE APPROVED BY CITY OF RENTON PUBLIC WORKS/TRANSPORTATION. SUPPLEMENTAL TYPE 2 RAISED PAVEMENT MARKERS WITH REFLECTORS SHALL BE REQUIRED ON ROADWAYS WITH SPEED LIMITS OF 30 MPH OR HIGHER, OR UNLESS OTHERWISE APPROVED BY CITY OF RENTON PUBLIC WORKS/TRANSPORTATION. SUPPLEMENTAL TYPE 2 RAISED PAVEMENT MARKERS WITH REFLECTORS SHALL BE REQUIRED ON ROADWAYS WITH SPEED LIMITS OF 25 MPH OR LOWER, WHERE MINIMUM REQUIRED LIGHTING LEVELS ARE NOT MET AND/OR WHERE CITY OWNED STREET LIGHTS DO NOT EXIST, OR UNLESS OTHERWISE APPROVED BY CITY OF RENTON PUBLIC WORKS/TRANSPORTATION. PAVEMENT LETTERS, AND RED/GREEN PAVEMENT BACKGROUNDS SHALL CONSIST OF METHYL METHACRYLATE MMA), OR UNLESS OTHERWISE APPROVED BY CITY OF RENTON PUBLIC WORKS/TRANSPORTATION. PAVEMENT SYMBOLS, CROSSWALK MARKINGS, AND STOP BARS SHALL CONSIST OF HYDROCARBON THERMOPLASTIC, OR UNLESS OTHERWISE APPROVED BY CITY OF RENTON PUBLIC WORKS/TRANSPORTATION. THERMOPLASTIC SHALL CONTAIN 3M 50/50 WET/DRY ELEMENTS, OR APPROVED EQUAL. IF INSTALLED ON CONCRETE, PAVEMENT SYMBOLS, CROSSWALK MARKINGS, AND STOP BARS SHALL BE 3M STAMARK ALL WEATHER TAPE 380AW SERIES, OR APPROVED EQUAL. SPEED CUSHION CHEVRON SYMBOLS SHALL CONSIST OF 3M STAMARK ALL WEATHER 380AW SERIES TAPE. LONGITUDINAL PAVEMENT MARKINGS CONSISTING OF PAINT SHALL BE USED FOR MAINTENANCE PURPOSES, OR UNLESS OTHERWISE APPROVED BY CITY OF RENTON PUBLIC WORKS/TRANSPORTATION. LONGITUDINAL PAVEMENT MARKINGS WHERE ALL MARKINGS ARE TO CONSIST OF RAISED PAVEMENT MARKERS SHALL REQUIRE APPROVAL FROM CITY OF RENTON PUBLIC WORKS/TRANSPORTATION. IF APPROVED, LONGITUDINAL LANE MARKINGS SHALL FOLLOW WSDOT STD. PLAN M-20.50-02 LONGITUDINAL MARKING SUBSTITUTION W/RAISED PAVEMENT MARKERS. PAVEMENT SURFACE AND AIR TEMPERATURE AT THE TIME OF PAVEMENT MARKING APPLICATION SHALL NOT BE LESS THAN 50° F. DocuSign Envelope ID: FFA9ADCA-D050-445F-B750-15F9271FC791 4/4/2024 | 4:24 PM PDT DocuSign Envelope ID: 9D9B0DA8-0385-4664-AE66-57BFF1561D7F 7/27/2022 | 5:44 PM PDT City of Renton Contract Provisions for 2024 Slurry Seal Project ______________________________________________________________________________ Appendix C – SOLID WASTE SERVICE COLLECTION DAY FIGURES AND SCHEDULE Organics, Recycling & Garbage Week - During green weeks, place all carts curbside (organics, recycling and garbage). Organics - During gray weeks, place only your organics cart curbside. Holidays - No service on New Year’s Day, Thanksgiving Day or Christmas Day. If collection falls on New Year’s Day, Thanksgiving Day or Christmas Day, collection is one day later, including Saturday service for Friday customers. Set carts out with handles facing the house. Do not block cars, mailboxes, sidewalks or driveways. Remove carts as soon as possible after collection. 2024 Calendar (Set Out Carts by 7 a.m.) R1G1-N MAY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 FEBRUARY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MARCH S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JUNE S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 JANUARY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 APRIL S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NOVEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AUGUST S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SEPTEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 DECEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 OCTOBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JULY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Pay Your Bill: By phone at 206.777.6440, with the Republic Services app or online at RepublicServicesRenton.com, by mail at Republic Services, PO Box 78829, Phoenix, AZ 85062, or in person in downtown Renton at 212 Wells Ave. S, Suite 104 (Monday - Friday, 7:30 a.m. - 4 p.m.) Missed Collection: Report a missed collection by calling 206.777.6440 or by using the Republic Services app. Holiday Tree Pickup: During the first 2 weeks of January, place undecorated and unflocked holiday trees next to your carts for pickup and no charge. Trees must be 6’ or shorter. Recycling Events: Visit RentonWA.gov/Recycle to find recycling events, resources and drop-off locations for items that cannot be recycled curbside. Pay Your Bill: By phone at 206.777.6440, with the Republic Services app or online at RepublicServicesRenton.com, by mail at Republic Services, PO Box 78829, Phoenix, AZ 85062, or in person in downtown Renton at 212 Wells Ave. S, Suite 104 (Monday - Friday, 7:30 a.m. - 4 p.m.) Missed Collection: Report a missed collection by calling 206.777.6440 or by using the Republic Services app. Holiday Tree Pickup: During the first 2 weeks of January, place undecorated and unflocked holiday trees next to your carts for pickup and no charge. Trees must be 6’ or shorter. Recycling Events: Visit RentonWA.gov/Recycle to find recycling events, resources and drop-off locations for items that cannot be recycled curbside. Set carts out with handles facing the house. Do not block cars, mailboxes, sidewalks or driveways. Remove carts as soon as possible after collection. 2024 Calendar (Set Out Carts by 7 a.m.) Organics, Recycling & Garbage Week - During green weeks, place all carts curbside (organics, recycling and garbage). Organics - During gray weeks, place only your organics cart curbside. Holidays - No service on New Year’s Day, Thanksgiving Day or Christmas Day. If collection falls on New Year’s Day, Thanksgiving Day or Christmas Day, collection is one day later, including Saturday service for Friday customers. MAY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 FEBRUARY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MARCH S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JUNE S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 JANUARY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 APRIL S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NOVEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AUGUST S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SEPTEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 DECEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 OCTOBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JULY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 R2G2-S