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HomeMy WebLinkAbout05-05-2025 - RNT Gates - Addendum No. 2 CAG-25-012 Addendum No. 2 Page 1 of 3 ADDENDUM NO: 2 CITY PROJECT NO: CAG-25-012 ISSUE DATE: MAY 5, 2025 INVITATION TO BID TITLE: Gate & Perimeter Security Upgrades Project NOTE: FAILURE TO ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON THE BID FORM DOES NOT AFFECT THE BIDDER’S OBLIGATION FOR COMPLIANCE. QUESTIONS AND ANSWERS Question: Sheet E60 Note #3 calls for new e” 3 -cell fabric innerduct in existing conduit if the conduit is empty. First, is it know what, if any, Condit is empty? Second, if not, do we assume it is empty for bidding purposes? Answer: From Air Traffic Control Tower to Airport office, there may be a short distance (about 400’) not having empty conduit. This run is about 1700’. All other places we have empty conduit. Contractor to assume minimum 200’ fabric innerduct required. Question: Will the fiber terminate into existing fiber patch panels and fiber switch, or will it need to convert back to CAT6? Answer: There are existing fiber patch panels at three locations: the airport tower, the airport maintenance building, and at the Airport office building, but contractors should include patch panels for these locations also. See sheet 52, Device Schedule. Provide patch panel, switch, and media converter at the gates. Question: What depth should 30x30 handholes be? Answer: 30” or 36” deep Question: There are no footing details for the 30 -foot pole like that shown in drawing C45 detail 2 for vehicle gate camera poles. Can foundation details be provided for the 30 -foot poles? Answer: 30’ poles will not be required for this project. 15’ overhead camera poles will be required at vehicle gates. 10’ poles will be required at pedestrian gates. Long range cameras at Vehicle Gates V2 and V10 shall be mounted to new 15' tall pole s. All references to min. 20'-30’ tall pole shall be disregarded. Detail 2, sheet C45 will be used for all new camera pole footings. CAG-25-012 Addendum No. 2 Page 2 of 3 Question: Since V7 gate location cannot start until the completion of the ‘Aprons’ project, first, can you provide us a completion date for that project. Second, how will that be handled if the date does not work with the 40 working day requirement? Answer: Work is expected to begin on the aprons project in early May. A completion date for work at Vehicle Gate V7 is not currently known, but schedule updates will be provided to the successful bidder. A temporary work suspension will be issued, and/or additiona l working days will be granted if work on this project must stop to wait for completion of Vehicle Gate V7 as part of the aprons project. Question: What is the current version of Lenel OnGuard? Answer: The current version of Lenel OnGuard for the airport environment is 8.2. Question: Is the existing version of Lenel OnGuard current on Lenel SUSP? Answer: Yes Question: What are the current Lenel Dongle ID(s)? Answer: We are not currently aware of any Lenel Dongle IDs being used at the airport. Question: Will the City of Renton provide a server or VM environment for software to get installed on? Answer: Yes, the City will provide what is needed according to established standards , whether it leverages existing or needs a new VM. Question: Can you provide the pre-bid sign-in sheet? Answer: Yes, the pre-bid sign-in sheet has been included with this addendum. The bid opening date and time has not been revised, and remains Thursday, May 8TH, 2025, at 1:00 pm. VOLUME I SCHEDULE OF PRICES Item No. 1 REPLACE Schedule of Prices pages 1 and 2 with included Schedule of Prices pages 1 and 2. CAG-25-012 Addendum No. 2 Page 3 of 3 SPECIAL PROVISIONS Item No. 2 REPLACE Special Provisions pages 13 through 32 with included Special Provisions pages 13 through 33. All other terms and conditions remain unchanged . Total number of pages contained within this Addendum: 27 ITEM NO.ITEM DESCRIPTION SPEC. SECTION UNIT QUANTITY UNIT PRICE TOTAL PRICE 1 Mobilization C-105 LS 1 2 Construction Surveying SP1-05.4 LS 1 3 FOD Prevention Control A-101 LS 1 4 CSPP Compliance and SPCD G-100 LS 1 5 Temporary Erosion and Sediment Control C-102 LS 1 6 Pavement Removal P-101 SY 780 7 Remove Chainlink Fence P-101 LF 60 8 Remove Pedestrian Gate P-101 EA 2 9 Remove Vehicle Gate P-101 EA 3 10 Remove Card Reader and Associated Equipment P-101 EA 9 11 Repair Pedestrian Gate P-101 EA 3 12 Unclassified Excavation P-152 CY 270 SCHEDULE OF PRICES Gate and Perimeter Security Upgrades 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. GATE AND PERIMETER SECURITY UPGRADES Gate Perimeter Security Upgrades CAG-25-012 Page 1 of 2 (Add. 2) Schedule of Prices 2025 ITEM NO.ITEM DESCRIPTION SPEC. SECTION UNIT QUANTITY UNIT PRICE TOTAL PRICE 13 Crushed Aggregate Base Course P-209 TON 240 14 Asphalt Mixture Surface Course P-403 TON 270 15 Emulsified Asphalt Tack Coat P-603 GAL 55 16 8' Chain-Link Fence F-162 LF 103 17 Wallace FoldSmart Bi-Folding Speedgate F-162 EA 3 18 4' Pedstrian Gate F-162 EA 2 19 Stand-Alone Bollard F-162 EA 12 20 Card Reader Pedestal and Foundation F-162 EA 13 21 Stand-Alone Camera Mounting Post F-162 EA 5 22 Seeding T-901 SF 2,000 23 Topsoil T-905 SY 70 24 Access Control System Software Upgrade 28 13 00 LS 1 25 Access Control System Hardware Installation 28 13 00 LS 1 SUBTOTAL = WA STATE SALES TAX (10.3%) = TOTAL BID AMOUNT = Signature of Bidder's Authorized RepresentativePrinted Name of Bidder's Authorized Representative Gate Perimeter Security Upgrades CAG-25-012 Page 2 of 2 (Add. 2) Schedule of Prices 2025 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 13 (Add. 2) 2025 1-04.4(1) Minor Changes 1 (May 30, 2019 APWA GSP) 2 3 Delete the first paragraph and replace it with the following: 4 5 Payments or credits for changes amounting to $25,000 or less may be made under the Bid item 6 “Minor Change”, if included on the Proposal Form. At the discretion of the Contracting Agency, this 7 procedure for Minor Changes may be used in lieu of the more formal procedure as outlined in 8 Section 1-04.4, Changes. All “Minor Change” work will be within the scope of the Contract Work 9 and will not change Contract Time. 10 11 1-05 CONTROL OF WORK 12 13 1-05.4 Conformity With and Deviations from Plans and Stakes 14 15 Supplement this section with the following: 16 17 Roadway and Utility Surveys 18 (July 23, 2015 APWA GSP, Option 1, Modified) 19 20 The Contractor shall be responsible to furnish all principal lines, grades, and measurements the 21 Engineer deems necessary for completion of the work. These shall generally consist of one initial 22 set of: 23 1. Slope stakes for establishing grading; 24 2. Curb grade stakes; 25 3. Centerline finish grade stakes for pavement sections wider than 25 feet; and 26 4. Offset points to establish line and grade for underground utilities such as water, sewers, and 27 storm drains. 28 5. Staking for vehicle gates 29 6. Staking for gate operator foundations 30 7. Grade breaks in new pavement areas 31 8. Other miscellaneous staking as required to complete the work 32 33 The Engineer will provide survey control points electronically prior to the start of construction. 34 35 Prior to the start of construction, the Contractor will check all control p oints for horizontal and 36 vertical accuracy and certify in writing to the Engineer that the Contractor concurs with survey 37 control established for the project. All lines, grades and measurements from control points 38 necessary for the proper execution and control of the work on this project will be provide to the 39 Engineer. The Contractor is responsible to establish all layout required for the construction of the 40 project. 41 42 The Engineer shall not be responsible for providing any survey information. 43 44 1-05.7 Removal of Defective and Unauthorized Work 45 (October 1, 2005 APWA GSP) 46 47 Supplement this section with the following: 48 49 If the Contractor fails to remedy defective or unauthorized work within the time specified in a 50 written notice from the Engineer, or fails to perform any part of the work required by the Contract 51 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 14 (Add. 2) 2025 Documents, the Engineer may correct and remedy such work as may be identified in the written 1 notice, with Contracting Agency forces or by such other means as the Contracting Agency may 2 deem necessary. 3 4 If the Contractor fails to comply with a written order to remedy what the Engineer determines to be 5 an emergency situation, the Engineer may have the defective and unauthorized work corrected 6 immediately, have the rejected work removed and replaced, or have work the Contractor refuses to 7 perform completed by using Contracting Agency or other forces. An emergency situation is any 8 situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or 9 might cause serious risk of loss or damage to the public. 10 11 Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying 12 defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid 13 by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, 14 the Contractor. Such direct and indirect costs shall include in particular, but without limitation, 15 compensation for additional professional services required, and costs for repair and replacement of 16 work of others destroyed or damaged by correction, removal, or replacement of the Contractor’s 17 unauthorized work. 18 19 No adjustment in contract time or compensation will be allowed because of the delay in the 20 performance of the work attributable to the exercise of the Contracting Agency’s rights provided by 21 this Section. 22 23 The rights exercised under the provisions of this section shall not diminish the Contracting 24 Agency’s right to pursue any other avenue for additional remedy or damages with respect to the 25 Contractor’s failure to perform the work as required. 26 27 1-05.11 Final Inspection 28 29 Delete this section and replace it with the following: 30 31 1-05.11 Final Inspections and Operational Testing 32 (October 1, 2005 APWA GSP) 33 34 1-05.11(1) Substantial Completion Date 35 36 When the Contractor considers the work to be substantially complete, the Contractor shall so notify 37 the Engineer and request the Engineer establish the Substantial Completion Date. The 38 Contractor’s request shall list the specific items of work that remain to be completed in order to 39 reach physical completion. The Engineer will schedule an inspection of the work with the 40 Contractor to determine the status of completion. The Engineer may also establish the Substantial 41 Completion Date unilaterally. 42 43 If, after this inspection, the Engineer concurs with the Contractor that the work is substantially 44 complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set 45 the Substantial Completion Date. If, after this inspection the Engineer does not consider the work 46 substantially complete and ready for its intended use, the Engineer will, by written notice, so notify 47 the Contractor giving the reasons therefor. 48 49 Upon receipt of written notice concurring in or denying substantial completion, whichever is 50 applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, 51 the work necessary to reach Substantial and Physical Completion. The Contractor shall provide 52 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 15 (Add. 2) 2025 the Engineer with a revised schedule indicating when the Contractor expects to reach substantial 1 and physical completion of the work. 2 3 The above process shall be repeated until the Engineer establishes the Substantial Completion Date 4 and the Contractor considers the work physically complete and ready for final inspection. 5 6 1-05.11(2) Final Inspection and Physical Completion Date 7 8 When the Contractor considers the work physically complete and ready for final inspection, the 9 Contractor by written notice, shall request the Engineer to schedule a final inspection. The 10 Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final 11 inspection and the Engineer will notify the Contractor in writing of all particulars in which the final 12 inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take 13 such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall 14 be pursued vigorously, diligently, and without interruption until physical completion of the listed 15 deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have 16 been corrected. 17 18 If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written 19 notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take 20 whatever steps are necessary to correct those deficiencies pursuant to Section 1 -05.7. 21 The Contractor will not be allowed an extension of contract time because of a delay in the 22 performance of the work attributable to the exercise of the Engineer’s right hereunder. 23 24 Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting 25 Agency, in writing, of the date upon which the work was considered physically complete. That date 26 shall constitute the Physical Completion Date of the contract, but shall not imply acceptance of the 27 work or that all the obligations of the Contractor under the contract have been fulfilled. 28 29 1-05.11(3) Operational Testing 30 31 It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and 32 operable system. Therefore when the work involves the installation of machinery or other 33 mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; 34 buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate 35 and test the work for a period of time after final inspection but prior to the physical completion date. 36 Whenever items of work are listed in the Contract Provisions for operational testing they shall be 37 fully tested under operating conditions for the time period specified to ensure their acceptability 38 prior to the Physical Completion Date. During and following the test period, the Contractor shall 39 correct any items of workmanship, materials, or equipment which prove faulty, or that are not in 40 first class operating condition. Equipment, electrical controls, meters, or other devices and 41 equipment to be tested during this period shall be tested under the observation of the Engineer, so 42 that the Engineer may determine their suitability for the purpose for which they were installed. The 43 Physical Completion Date cannot be established until testing and corrections have been completed 44 to the satisfaction of the Engineer. 45 46 The costs for power, gas, labor, material, supplies, and everything else needed to successfully 47 complete operational testing, shall be included in the unit contract prices related to the system 48 being tested, unless specifically set forth otherwise in the proposal. 49 50 Operational and test periods, when required by the Engineer, shall not affect a manufacturer’s 51 guaranties or warranties furnished under the terms of the contract. 52 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 16 (Add. 2) 2025 1 1-05.13 Superintendents, Labor and Equipment of Contractor 2 (August 14, 2013 APWA GSP) 3 4 Delete the sixth and seventh paragraphs of this section. 5 6 1-05.15 Method of Serving Notices 7 (January 4, 2024 APWA GSP) 8 9 Revise the second paragraph to read: 10 11 All correspondence from the Contractor shall be served and directed to the Engineer. All 12 correspondence from the Contractor constituting any notification, notice of protest, notice of 13 dispute, or other correspondence constituting notification required to be furnished under the 14 Contract, must be written in paper format, hand delivered or sent via certified mail delivery service 15 with return receipt requested to the Engineer's office. Electronic copies such as e -mails or 16 electronically delivered copies of correspondence will not constitute such notice and will not 17 comply with the requirements of the Contract. 18 19 1-05.16 Water and Power 20 (October 1, 2005 APWA GSP) 21 22 The Contractor shall make necessary arrangements, and shall bear the costs for power and water 23 necessary for the performance of the work, unless the contract includes power and water as a pay 24 item. 25 26 1-05.18 Record Drawings 27 (March 8, 2013 APWA GSP, modified) 28 29 The Contractor shall maintain one set of full size plans for Record Drawings, updated with clear 30 and accurate red-lined field revisions on a daily basis, and within 2 business days after receipt of 31 information that a change in Work has occurred. The Contractor shall not conceal any work until 32 the required information is recorded. 33 34 This Record Drawing set shall be used for this purpose alone, shall be kept separate from other 35 Plan sheets, and shall be clearly marked as Record Drawings. These Record Drawings shall be 36 kept on site at the Contractor’s field office, and shall be available for review by the Contracting 37 Agency at all times. The Contractor shall bring the Record Drawings to each progress meeting for 38 review. 39 40 The preparation and upkeep of the Record Drawings is to be the assigned responsibility of a 41 single, experienced, and qualified individual. The quality of the Record Drawings, in terms of 42 accuracy, clarity, and completeness, is to be adequate to allow the Contracting Agency to modify 43 the computer-aided drafting (CAD) Contract Drawings to produce a complete set of Record 44 Drawings for the Contracting Agency without further investigative effort by the Contracting Agency. 45 46 The Record Drawing markups shall document all changes in the Work, both concealed and visible. 47 Items that must be shown on the markups include but are not limited to: 48 49 • Actual dimensions, arrangement, and materials used when different than shown in the 50 Plans. 51 • Changes made by Change Order or Field Order. 52 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 17 (Add. 2) 2025 • Changes made by the Contractor. 1 • Accurate locations of storm sewer, sanitary sewer, water mains and other water 2 appurtenances, structures, conduits, light standards, vaults, width of roadways, sidewalks, 3 landscaping areas, building footprints, channelization and pavement markings, etc. Include 4 pipe invert elevations, top of castings (manholes, inlets, etc.). 5 6 If the Contract calls for the Contracting Agency to do all surveying and staking, the Contracting 7 Agency will provide the elevations at the tolerances the Contracting Agency requires for the Record 8 Drawings. 9 10 When the Contract calls for the Contractor to do the surveying/staking, the applicable tolerance limits 11 include, but are not limited to the following: 12 Vertical Horizontal As-built sanitary & storm invert and grate elevations ± 0.01 foot ± 0.01 foot As-built monumentation ± 0.001 foot ± 0.001 foot As-built waterlines, inverts, valves, hydrants ± 0.10 foot ± 0.10 foot As-built ponds/swales/water features ± 0.10 foot ± 0.10 foot As-built buildings (fin. Floor elev.) ± 0.01 foot ± 0.10 foot As-built gas lines, power, TV, Tel, Com ± 0.10 foot ± 0.10 foot As-built signs, signals, etc. N/A ± 0.10 foot 13 Making Entries on the Record Drawings: 14 15 • Use erasable colored pencil (not ink) for all markings on the Record Drawings, conforming to 16 the following color code: 17 • Additions - Red 18 • Deletions - Green 19 • Comments - Blue 20 • Dimensions - Graphite 21 • Provide the applicable reference for all entries, such as the change order number, the 22 request for information (RFI) number, or the approved shop drawing number. 23 • Date all entries. 24 • Clearly identify all items in the entry with notes similar to those in the Contract Drawings 25 (such as pipe symbols, centerline elevations, materials, pipe joint abbreviations, etc.). 26 27 The Contractor shall certify on the Record Drawings that said drawings are an accurate depiction 28 of built conditions, and in conformance with the requirements detailed above. The Contractor shall 29 submit final Record Drawings to the Contracting Agency. Contracting Agency acceptance of the 30 Record Drawings is one of the requirements for achieving Physical Completion. 31 32 No payment will be made for Record Drawings. 33 1-06 CONTROL OF MATERIAL 34 35 1-06.1(4) Fabrication Inspection Expense 36 (June 27, 2011 AWPA GSP) 37 38 Delete this section in its entirety. 39 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 18 (Add. 2) 2025 1 1 -06.6 Recycled Materials 2 (January 4, 2016 APWA GSP) 3 4 Delete this section, including its subsections, and replace it with the following: 5 6 The Contractor shall make their best effort to utilize recycled materials in the construction of the 7 project. Approval of such material use shall be as detailed elsewhere in the Standard 8 Specifications. 9 10 Prior to Physical Completion the Contractor shall report the quantity of recycled materials that were 11 utilized in the construction of the project for each of the items listed in Section 9 -03.21. The report 12 shall include hot mix asphalt, recycled concrete aggregate, recycled glass, steel furnace slag and 13 other recycled materials (e.g. utilization of on -site material and aggregates from concrete returned 14 to the supplier). The Contractor’s report shall be provided on DOT form 350 -075 Recycled Materials 15 Reporting. 16 17 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 18 19 1-07.1 Laws to be Observed 20 (October 1, 2005 APWA GSP) 21 22 Supplement this section with the following: 23 24 In cases of conflict between different safety regulations, the more stringent regulation shall apply. 25 26 The Washington State Department of Labor and Industries shall be the sole and paramount 27 administrative agency responsible for the administration of the provisions of the Washington 28 Industrial Safety and Health Act of 1973 (WISHA). 29 30 The Contractor shall maintain at the project site office, or other well known place at the project site, 31 all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, 32 and make known to all employees, procedures for ensuring immediate removal to a hospital, or 33 doctor’s care, persons, including employees, who may have been injured on the project site. 34 Employees should not be permitted to work on the project site before the Contractor has 35 established and made known procedures for removal of injured persons to a hospital or a doctor’s 36 care. 37 38 The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the 39 Contractor’s plant, appliances, and methods, and for any damage or injury resulting from their failure, 40 or improper maintenance, use, or operation. The Contractor shall be solely and completely 41 responsible for the conditions of the project site, including safety for all persons and property in the 42 performance of the work. This requirement shall apply continuously, and not be limited to normal 43 working hours. The required or implied duty of the Engineer to conduct construction review of the 44 Contractor’s performance does not, and shall not, be intended to include review and adequacy of 45 the Contractor’s safety measures in, on, or near the project site. 46 47 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 19 (Add. 2) 2025 1-07.2 State Taxes 1 2 Delete this section, including its sub -sections, in its entirety and replace it with the following: 3 4 1-07.2 State Sales Tax 5 (June 27, 2011 APWA GSP) 6 7 The Washington State Department of Revenue has issued special rules on the State sales tax. 8 Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The Contractor should 9 contact the Washington State Department of Revenue for answers to questions in this area. The 10 Contracting Agency will not adjust its payment if the Contractor bases a bid on a misunderstood 11 tax liability. 12 13 The Contractor shall include all Contractor-paid taxes in the unit bid prices or other contract 14 amounts. In some cases, however, state retail sales tax will not be included. Section 1-07.2(2) 15 describes this exception. 16 17 The Contracting Agency will pay the retained percentage (or release the Contract Bond if a FHWA -18 funded Project) only if the Contractor has obtained from the Washington State Department of 19 Revenue a certificate showing that all contract -related taxes have been paid (RCW 60.28.051). 20 The Contracting Agency may deduct from its payments to the Contractor any amount the 21 Contractor may owe the Washington State Department of Revenue, whether the amount owed 22 relates to this contract or not. Any amount so deducted will be paid into the proper State fund. 23 24 1-07.2(1) State Sales Tax — Rule 171 25 26 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, 27 etc., which are owned by a municipal corporation, or political subdivision of the state, or by the 28 United States, and which are used primarily for foot or vehicular traffic. This includes storm or 29 combined sewer systems within and included as a part of the street or road drainage system and 30 power lines when such are part of the roadway lighting system. For work performed in such cases, 31 the Contractor shall include Washington State Retail Sales Taxes in the various unit bid item 32 prices, or other contract amounts, including those that the Contractor pays on the purchase of the 33 materials, equipment, or supplies used or consumed in doing the work. 34 35 1-07.2(2) State Sales Tax — Rule 170 36 37 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or existing 38 buildings, or other structures, upon real property. This includes, but is not limited to, the 39 construction of streets, roads, highways, etc., owned by the state of Washington; water mains and 40 their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and 41 disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, 42 electrical power distribution lines, or other conduits or lines in or above streets or roads, unless 43 such power lines become a part of a street or road lighting system; and installing or attaching of 44 any article of tangible personal property in or to real property, whether or not such personal 45 property becomes a part of the realty by virtue of installation. 46 47 For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail 48 sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to 49 each payment to the Contractor. For this reason, the Contractor shall not include the retail sales 50 tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the 51 following exception. 52 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 20 (Add. 2) 2025 1 Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a 2 subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable 3 supplies not integrated into the project. Such sales taxes shall be included in the unit bid item 4 prices or in any other contract amount. 5 6 1-07.2(3) Services 7 8 The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly 9 for professional or other services (as defined in Washington State Department of Revenue Rules 10 138 and 244). 11 12 1-07.9(5)A Required Documents 13 (December 30, 2022 APWA GSP) 14 15 This section is revised to read as follows: 16 17 All Statements of Intent to Pay Prevailing Wages, Affidavits of Wages Paid and Certified Payrolls, 18 including a signed Statement of Compliance for Federal -aid projects, shall be submitted to the 19 Engineer and to the State L&I online Prevailing Wage Intent & Affidavit (PWIA) system. 20 21 1-07.18 Public Liability and Property Damage Insurance 22 23 Delete this section in its entirety, and replace it with the following: 24 25 1-07.18 Insurance 26 (January 4, 2024 APWA GSP) 27 28 1-07.18(1) General Requirements 29 A. The Contractor shall procure and maintain the insurance described in all subsections of section 1 -30 07.18 of these Special Provisions, from insurers with a current A. M. Best rating of not less than A -: 31 VII and licensed to do business in the State of Washington. The Contracting Agency reserves the 32 right to approve or reject the insurance provided, based on the insurer’s financial condition. 33 34 B. The Contractor shall keep this insurance in force without interruption from the commencement of 35 the Contractor’s Work through the term of the Contract and for thirty (30) days after the Physical 36 Completion date, unless otherwise indicated below. 37 38 C. If any insurance policy is written on a claims-made form, its retroactive date, and that of all 39 subsequent renewals, shall be no later than the effective date of this Contract. The policy shall 40 state that coverage is claims made and state the retroactive date. Claims-made form coverage 41 shall be maintained by the Contractor for a minimum of 36 months following the Completion Date 42 or earlier termination of this Contract, and the Contractor shall annually provide the Contracting 43 Agency with proof of renewal. If renewal of the claims made form of coverage becomes 44 unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting 45 period (“tail”) or execute another form of guarantee acceptable to the Contracting Agency to assure 46 financial responsibility for liability for services performed. 47 48 D. The Contractor’s Automobile Liability, Commercial General Liability and Excess or Umbrella Liability 49 insurance policies shall be primary and non -contributory insurance as respects the Contracting 50 Agency’s insurance, self-insurance, or self-insured pool coverage. Any insurance, self-insurance, or 51 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 21 (Add. 2) 2025 self-insured pool coverage maintained by the Contracting Agency shall be excess of the Contractor’s 1 insurance and shall not contribute with it. 2 3 E. The Contractor shall provide the Contracting Agency and all additional insureds with written notice 4 of any policy cancellation, within two business days of their receipt of such notice. 5 6 F. The Contractor shall not begin work under the Contract until the required insurance has been 7 obtained and approved by the Contracting Agency 8 9 G. Failure on the part of the Contractor to maintain the insurance as required shall constitute a 10 material breach of contract, upon which the Contracting Agency may, after giving five business 11 days’ notice to the Contractor to correct the breach, immediately terminate the Contract or, at its 12 discretion, procure or renew such insurance and pay any and all premiums in connection 13 therewith, with any sums so expended to be repaid to the Contracting Agency on demand, or at 14 the sole discretion of the Contracting Agency, offset against funds due the Contractor from the 15 Contracting Agency. 16 17 H. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the 18 Contract and no additional payment will be made. 19 20 I. Under no circumstances shall a wrap up policy be obtained, for either initiating or maintaining 21 coverage, to satisfy insurance requirements for any policy required under this Section. A “wrap up 22 policy” is defined as an insurance agreement or arrangement under which all the parties working 23 on a specified or designated project are insured under one policy for liability arising out of that 24 specified or designated project. 25 26 1-07.18(2) Additional Insured 27 All insurance policies, with the exception of Workers Compensation, and of Professional Liability and 28 Builder’s Risk (if required by this Contract) shall name the following listed entities as additional 29 insured(s) using the forms or endorsements required herein: 30 ▪ the Contracting Agency and its officers, elected officials, employees, agents, and volunteers 31 32 The above-listed entities shall be additional insured(s) for the full available limits of liability maintained 33 by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than 34 those required by this Contract, and irrespective of whether the Certificate of Insurance provided by 35 the Contractor pursuant to 1 -07.18(4) describes limits lower than those maintained by the Contractor. 36 37 For Commercial General Liability insurance coverage, the required additional insured endorsements 38 shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 39 for completed operations. 40 41 1-07.18(3) Subcontractors 42 The Contractor shall cause each subcontractor of every tier to provide insurance coverage that complies 43 with all applicable requirements of the Contractor -provided insurance as set forth herein, except the 44 Contractor shall have sole responsibility for determining the limits of coverage required to be obtained 45 by subcontractors. 46 47 The Contractor shall ensure that all subcontractors of every tier add all entities listed in 1 -07.18(2) as 48 additional insureds, and provide proof of such on the policies as required by that section as detailed in 49 1-07.18(2) using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations 50 and CG 20 37 10 01 for completed operations. 51 52 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 22 (Add. 2) 2025 Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency 1 evidence of insurance and copies of the additional insured endorsements of each subcontractor of 2 every tier as required in 1-07.18(4) Verification of Coverage. 3 4 1-07.18(4) Verification of Coverage 5 The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and endorsements 6 for each policy of insurance meeting the requirements set forth herein when the Contractor delivers the 7 signed Contract for the work. Failure of Contracting Agency to demand such verification of coverage 8 with these insurance requirements or failure of Contracting Agency to identify a deficiency from the 9 insurance documentation provided shall not be construed as a waiver of Contractor’s obligation to 10 maintain such insurance. 11 12 Verification of coverage shall include: 13 1. An ACORD certificate or a form determined by the Contracting Agency to be equivalent. 14 2. Copies of all endorsements naming Contracting Agency and all other entities listed in 1 -07.18(2) 15 as additional insured(s), showing the policy number. The Contractor may submit a copy of any 16 blanket additional insured clause from its policies instead of a separate endorsement. 17 3. Any other amendatory endorsements to show the coverage required herein. 18 4. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these 19 requirements – actual endorsements must be submitted. 20 21 Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency a full 22 and certified copy of the insurance policy(s). If Builders Risk insurance is required on this Project, a full 23 and certified copy of that policy is required when the Contractor delivers the signed Contract for the 24 work. 25 26 1-07.18(5) Coverages and Limits 27 The insurance shall provide the minimum coverages and limits set forth below. Contractor’s 28 maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed 29 to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the 30 Contracting Agency’s recourse to any remedy available at law or in equity. 31 32 All deductibles and self-insured retentions must be disclosed and are subject to approval by the 33 Contracting Agency. The cost of any claim payments falling within the deductible or self -insured 34 retention shall be the responsibility of the Contractor. In the event an additional insured incurs a liability 35 subject to any policy’s deductibles or self -insured retention, said deductibles or self-insured retention 36 shall be the responsibility of the Contractor. 37 38 1-07.18(5)A Commercial General Liability 39 Commercial General Liability insurance shall be written on coverage forms at least as broad as ISO 40 occurrence form CG 00 01, including but not limited to liability arising from premises, operations, stop 41 gap liability, independent contractors, products -completed operations, personal and advertising injury, 42 and liability assumed under an insured contract. There shall be no exclusion for liability arising from 43 explosion, collapse or underground property damage. 44 45 The Commercial General Liability insurance shall be endorsed to provide a per project general 46 aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. 47 48 Contractor shall maintain Commercial General Liability Insurance arising out of the Contractor’s 49 completed operations for at least three years following Substantial Completion of the Work. 50 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 23 (Add. 2) 2025 1 Such policy must provide the following minimum limits: 2 $2,000,000 Each Occurrence 3 $3,000,000 General Aggregate 4 $3,000,000 Products & Completed Operations Aggregate 5 $2,000,000 Personal & Advertising Injury each offence 6 $2,000,000 Stop Gap / Employers’ Liability each accident 7 8 1-07.18(5)B Automobile Liability 9 Automobile Liability shall cover owned, non -owned, hired, and leased vehicles; and shall be written on 10 a coverage form at least as broad as ISO form CA 00 01. If the work involves the transport of 11 pollutants, the automobile liability policy shall include MCS 90 and CA 99 48 endorsements. 12 13 Such policy must provide the following minimum limit: 14 $1,000,000 Combined single limit each accident 15 16 1-07.18(5)C Workers’ Compensation 17 The Contractor shall comply with Workers’ Compensation coverage as required by the Industrial 18 Insurance laws of the State of Washington. 19 20 1-07.18(5)D Excess or Umbrella Liability 21 (January 4, 2016 APWA GSP) 22 23 The Contractor shall provide Excess or Umbrella Liability insurance with limits of not less than 2 million 24 each occurrence and annual aggregate. This excess or umbrella liability coverage shall be excess over 25 and as least as broad in coverage as the Contractor’s Commercial General and Auto Liability insurance 26 27 All entities listed under 1-07.18(2) of these Special Provisions shall be named as additional insureds on 28 the Contractor’s Excess or Umbrella Liability insurance policy. 29 30 This requirement may be satisfied instead through the Contractor’s primary Commercial General and 31 Automobile Liability coverages, or any combination thereof that achieves the overall required limits of 32 insurance. 33 34 1-07.18(5)E LHWCA Insurance 35 (January 4, 2016 APWA GSP) 36 37 If this Contract involves work on or adjacent to Navigable Waters of the United States, the Contractor 38 shall procure and maintain insurance coverage in compliance with the statutory requirements of the U.S. 39 Longshore and Harbor Workers' Compensation Act (LHWCA). 40 41 Such policy must provide the following minimum limits: 42 $1,000,000 Bodily Injury by Accident – each accident 43 $1,000,000 Bodily Injury by Disease – each employee 44 $1,000,000 Bodily Injury by Disease – policy limits 45 46 1-07.18(5)F Protection & Indemnity Insurance Including Jones Act 47 (January 4, 2016 APWA GSP) 48 49 If this Contract involves marine activities, or work from a boat, vessel, or floating platform, the Contractor 50 shall procure and maintain Protection and Indemnity (P&I) coverage including collision liability, injury to 51 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 24 (Add. 2) 2025 crew (Merchant Marine Act of 1920 - Jones Act) and passengers, removal of wreck and liability for 1 seepage, pollution, containment and cleanup using form SP -23 or SP 38 or a form as least as broad. 2 3 All entities listed under 1-07.18(2) of these Special Provisions shall be named as additional insureds on 4 the Contractor’s Protection and Indemnity insurance policy. 5 6 Such policy must provide the following minimum limits: 7 $1,000,000 Bodily Injury by Accident – each accident or occurrence 8 $1,000,000 Bodily Injury by Disease – each employee 9 $1,000,000 Bodily Injury by Disease – policy limits 10 11 1-07.18(5)G Hull and Machinery 12 (January 4, 2016 APWA GSP) 13 14 If this Contract involves use of a boat, vessel, or floating platform, the Contractor shall procure and 15 maintain coverage at Market Value of vessel on American Institute Hull Clauses, 6/2/77 form. 16 17 1-07.24 Rights of Way 18 (July 23, 2015 APWA GSP) 19 20 Delete this section and replace it with the following: 21 22 Street Right of Way lines, limits of easements, and limits of construction permits are indicated in 23 the Plans. The Contractor’s construction activities shall be confined within these limits, unless 24 arrangements for use of private property are made. 25 26 Generally, the Contracting Agency will have obtained, prior to bid opening, all rights of way and 27 easements, both permanent and temporary, necessary for carrying out the work. Exceptions to this 28 are noted in the Bid Documents or will be brought to the Contractor’s attention by a duly issued 29 Addendum. 30 31 Whenever any of the work is accomplished on or through property other than public Right of Way, 32 the Contractor shall meet and fulfill all covenants and stipulations of any easement agreement 33 obtained by the Contracting Agency from the owner of the private property. Copies of the 34 easement agreements may be included in the Contract Provisions or made available to the 35 Contractor as soon as practical after they have been obtained by the Engineer. 36 37 Whenever easements or rights of entry have not been acquired prior to advertising, these areas 38 are so noted in the Plans. The Contractor shall not proceed with any portion of the work in areas 39 where right of way, easements or rights of entry have not been acquired until the Engineer certifies 40 to the Contractor that the right of way or easement is available or that the right of entry has been 41 received. If the Contractor is delayed due to acts of omission on the part of the Contracting Agency 42 in obtaining easements, rights of entry or right of way, the Contractor will be entitled to an 43 extension of time. The Contractor agrees that such delay shall not be a breach of contract. 44 45 Each property owner shall be given 48 hours’ notice prior to entry by the Contractor. This includes 46 entry onto easements and private property where private improvements must be adjusted. 47 48 The Contractor shall be responsible for providing, without expense or liability to the Contracting 49 Agency, any additional land and access thereto that the Contractor may desire for temporary 50 construction facilities, storage of materials, or other Contractor needs. However, before using any 51 private property, whether adjoining the work or not, the Contractor shall file with the Engineer a 52 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 25 (Add. 2) 2025 written permission of the private property owner, and, upon vacating the premises, a written release 1 from the property owner of each property disturbed or otherwise interfered with by reasons of 2 construction pursued under this contract. The statement shall be signed by the private property 3 owner, or proper authority acting for the owner of the private property affected, stating that 4 permission has been granted to use the property and all necessary permits have been obtained or, 5 in the case of a release, that the restoration of the property has been satisfactorily accomplished. 6 The statement shall include the parcel number, address, and date of signature. Written releases 7 must be filed with the Engineer before the Completion Date will be established. 8 9 1-08 PROSECUTION AND PROGRESS 10 11 Add the following new section: 12 13 1-08.0 Preliminary Matters 14 (May 25, 2006 APWA GSP) 15 16 Add the following new section: 17 18 1-08.0(1) Preconstruction Conference 19 (October 10, 2008 APWA GSP) 20 21 Prior to the Contractor beginning the work, a preconstruction conference will be held between the 22 Contractor, the Engineer and such other interested parties as may be invited. The purpose of the 23 preconstruction conference will be: 24 1. To review the initial progress schedule; 25 2. To establish a working understanding among the various parties associated or affected by the 26 work; 27 3. To establish and review procedures for progress payment, notifications, approvals, submittals, 28 etc.; 29 4. To establish normal working hours for the work; 30 5. To review safety standards and traffic control; and 31 6. To discuss such other related items as may be pertinent to the work. 32 33 The Contractor shall prepare and submit at the preconstruction conference the following: 34 1. A breakdown of all lump sum items; 35 2. A preliminary schedule of working drawing submittals; and 36 3. A list of material sources for approval if applicable. 37 38 Add the following new section: 39 40 1-08.0(2) Hours of Work 41 (December 8, 2014 APWA GSP) 42 43 Except in the case of emergency or unless otherwise approved by the Engineer, the normal 44 working hours for the Contract shall be any consecutive 8 -hour period between 7:00 a.m. and 6:00 45 p.m. Monday through Friday, exclusive of a lunch break. If the Contractor desires different than the 46 normal working hours stated above, the request must be submitted in writing prior to the 47 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 26 (Add. 2) 2025 preconstruction conference, subject to the provisions below. The working hours for the Contract 1 shall be established at or prior to the preconstruction conference. 2 3 All working hours and days are also subject to local permit and ordinance conditions (such as noise 4 ordinances). 5 6 If the Contractor wishes to deviate from the established working hours, the Contractor shall submit 7 a written request to the Engineer for consideration. This request shall state what hours are being 8 requested, and why. Requests shall be submitted for review no later than 48 hours prior to the 9 day(s) the Contractor is requesting to change the hours. 10 11 If the Contracting Agency approves such a deviation, such approval may be subject to certain 12 other conditions, which will be detailed in writing. For example: 13 1. On non-Federal aid projects, requiring the Contractor to reimburse the Contracting Agency 14 for the costs in excess of straight-time costs for Contracting Agency representatives who 15 worked during such times. (The Engineer may require designated representatives to be 16 present during the work. Representatives who may be deemed necessary by the Engineer 17 include, but are not limited to: survey crews; personnel from the Contracting Agency’s 18 material testing lab; inspectors; and other Contracting Agency employees or third party 19 consultants when, in the opinion of the Engineer, such work necessitates their presence.) 20 2. Considering the work performed on Saturdays, Sundays, and holidays as working days 21 with regard to the contract time. 22 3. Considering multiple work shifts as multiple working days with respect to contract time even 23 though the multiple shifts occur in a single 24 -hour period. 24 4. If a 4-10 work schedule is requested and approved the non working day for the week will be 25 charged as a working day. 26 If Davis Bacon wage rates apply to this Contract, all requirements must be met and recorded 27 properly on certified payroll 28 29 1-08.1 Subcontracting 30 (December 30, 2022 APWA GSP, Option A) 31 32 Section 1-08.1 is supplemented with the following: 33 34 Prior to any subcontractor or lower tier subcontractor beginning work, the Contractor shall submit 35 to the Engineer a certification (WSDOT Form 420 -004) that a written agreement between the 36 Contractor and the subcontractor or between the subcontractor and any lower tier subcontractor 37 has been executed. This certification shall also guarantee that these subcontract agreements 38 include all the documents required by the Special Provision Federal Agency Inspection. 39 40 A subcontractor or lower tier subcontractor will not be permitted to perform any work under the 41 contract until the following documents have been completed and submitted to the Engineer: 42 43 1. Request to Sublet Work (WSDOT Form 421 -012), and 44 45 2. Contractor and Subcontractor or Lower Tier Subcontractor Certification for Federal -aid Projects 46 (WSDOT Form 420-004). 47 48 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 27 (Add. 2) 2025 The Contractor shall submit to the Engineer a completed Monthly Retainage Report (WSDOT 1 Form 272-065) within 15 calendar days after receipt of every monthly progress payment until every 2 subcontractor and lower tier subcontractor’s retainage has been released. 3 4 The Contractor's records pertaining to the requirements of this Special Provision shall be open to 5 inspection or audit by representatives of the Contracting Agency during the life of the contract and 6 for a period of not less than three years after the date of acceptance of the contract. The 7 Contractor shall retain these records for that period. The Contractor shall also guarantee that these 8 records of all subcontractors and lower tier subcontractors shall be available and open to similar 9 inspection or audit for the same time period. 10 11 1-08.3(2)B Type B Progress Schedule 12 (January 4, 2024 APWA GSP) 13 14 Revise the first paragraph to read: 15 16 The Contractor shall submit a preliminary Type B Progress Schedule at or prior to the 17 preconstruction conference. The preliminary Type B Progress Schedule shall comply with all of 18 these requirements and the requirements of Section 1 -08.3(2), except that it may be limited to only 19 those activities occurring within the first 60 -working days of the project. 20 21 Revise the first sentence of the second paragraph to read: 22 The Contractor shall submit 2 copies of a Type B Progress Schedule depicting the entire project no 23 later than 7 calendar days after the preconstruction conference. 24 25 1-08.4 Prosecution of Work 26 27 Delete this section and replace it with the following: 28 29 1-08.4 Notice to Proceed and Prosecution of Work 30 (July 23, 2015 APWA GSP) 31 32 Notice to Proceed will be given after the contract has been executed and the contract bond and 33 evidence of insurance have been approved and filed by the Contracting Agency. The Contractor 34 shall not commence with the work until the Notice to Proceed has been given by the Engineer. The 35 Contractor shall commence construction activities on the project site within ten days of the Notice 36 to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the 37 work to the physical completion date within the time specified in the contract. Voluntary shutdown 38 or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to 39 complete the work within the time(s) specified in the contract. 40 41 When shown in the Plans, the first order of work shall be the installation of high visibility fencing to 42 delineate all areas for protection or restoration, as described in the Contract. Installation of high 43 visibility fencing adjacent to the roadway shall occur after the placement of all necessary signs and 44 traffic control devices in accordance with 1 -10.1(2). Upon construction of the fencing, the 45 Contractor shall request the Engineer to inspect the fence. No other work shall be performed on 46 the site until the Contracting Agency has accepted the installation of high visibility fencing, as 47 described in the Contract. 48 49 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 28 (Add. 2) 2025 1-08.5 Time for Completion 1 (December 30, 2022 APWA GSP, Option B) 2 3 Revise the third and fourth paragraphs to read: 4 5 Contract time shall begin on the first working day following the Notice to Proceed date. If the 6 Contractor starts work on the project at an earlier date, then contract time shall begin on the first 7 working day when onsite work begins. 8 9 Each working day shall be charged to the contract as it occurs, until the contract work is physically 10 complete. If substantial completion has been granted and all the authorized working days have 11 been used, charging of working days will cease. Each week the Engineer will provide the 12 Contractor a statement that shows the number of working days: (1) charged to the contract the 13 week before; (2) specified for the physical completion of the contract; and (3) remaining for the 14 physical completion of the contract. The statement will also show the nonworking days and all 15 partial or whole days the Engineer declares as unworkable. The statement will be identified as a 16 Written Determination by the Engineer. If the Contractor does not agree with the Written 17 Determination of working days, the Contractor shall pursue the protest procedures in accordance 18 with Section 1-04.5. By failing to follow the procedures of Section 1 -04.5, the Contractor shall be 19 deemed as having accepted the statement as correct. If the Contractor is approved to work 10 20 hours a day and 4 days a week (a 4 -10 schedule) and the fifth day of the week in which a 4 -10 21 shift is worked would ordinarily be charged as a working day, then the fifth day of that week will be 22 charged as a working day whether or not the Contractor works on that day. 23 24 Revise the sixth paragraph to read: 25 26 The Engineer will give the Contractor written notice of the completion date of the contract after all 27 the Contractor’s obligations under the contract have been performed by the Contractor. The 28 following events must occur before the Completion Date can be established: 29 1. The physical work on the project must be complete; and 30 2. The Contractor must furnish all documentation required by the contract and required by law, to 31 allow the Contracting Agency to process final acceptance of the contract. The following 32 documents must be received by the Project Engineer prior to establishing a completion date: 33 a. Certified Payrolls (per Section 1-07.9(5)). 34 b. Material Acceptance Certification Documents 35 c. Monthly Reports of Amounts Credited as DBE Participation, as required by the Contract 36 Provisions. 37 d. Final Contract Voucher Certification 38 e. Copies of the approved “Affidavit of Prevailing Wages Paid” for the Contractor and all 39 subcontractors 40 f. A copy of the Notice of Termination sent to the Washington State Department of Ecology 41 (Ecology); the elapse of 30 calendar days from the date of receipt of the Notice of 42 Termination by Ecology; and no rejection of the Notice of Termination by Ecology. This 43 requirement will not apply if the Construction Stormwater General Permit is transferred 44 back to the Contracting Agency in accordance with Section 8 -01.3(16). 45 g. Property owner releases per Section 1 -07.24 46 47 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 29 (Add. 2) 2025 1-08.9 Liquidated Damages 1 (March 3, 2021 APWA GSP, Option A) 2 3 Replace Section 1-08.9 with the following: 4 5 Time is of the essence of the Contract. Delays inconvenience the traveling public, obstruct traffic, 6 interfere with and delay commerce, and increase risk to Highway users. Delays also cost tax 7 payers undue sums of money, adding time needed for administration, engineering, inspection, and 8 supervision. 9 10 Accordingly, the Contractor agrees: 11 12 1. To pay liquidated damages in the amount of $1,000 for each working day beyond the 13 number of working days established for Physical Completion, and 14 15 2. To authorize the Engineer to deduct these liquidated damages from any money due or 16 coming due to the Contractor. 17 18 When the Contract Work has progressed to Substantial Completion as defined in the Contract, the 19 Engineer may determine the Contract Work is Substantially Complete. The Engineer will notify the 20 Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring 21 after the date so established, liquidated damages identified above will not apply. For overruns in 22 Contract time occurring after the Substantial Completion Date, liquidated damages shall be 23 assessed on the basis of direct engineering and related costs assignable to the project until the 24 actual Physical Completion Date of all the Contract Work. The Contractor shall complete the 25 remaining Work as promptly as possible. Upon request by the Project Engineer, the Contractor 26 shall furnish a written schedule for completing the physical Work on the Contract. 27 28 Liquidated damages will not be assessed for any days for which an extension of time is granted. 29 No deduction or payment of liquidated damages will, in any degree, release the Contractor from 30 further obligations and liabilities to complete the entire Contract. 31 32 1-09 MEASUREMENT AND PAYMENT 33 34 1-09.2(1) General Requirements for Weighing Equipment 35 (December 30, 2022 APWA GSP, Option 2) 36 37 Revise item 4 of the fifth paragraph to read: 38 39 4. Test results and scale weight records for each day’s hauling operations are provided to the 40 Engineer daily. Reporting shall utilize WSDOT form 422 -027, Scaleman’s Daily Report, unless 41 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 30 (Add. 2) 2025 the printed ticket contains the same information that is on the Scaleman’s Daily Report Form. 1 The scale operator must provide AM and/or PM tare weights for each truck on the printed ticket. 2 3 1-09.2(5) Measurement 4 (December 30, 2022 APWA GSP) 5 6 Revise the first paragraph to read: 7 8 Scale Verification Checks – At the Engineer’s discretion, the Engineer may perform verification 9 checks on the accuracy of each batch, hopper, or platform scale used in weighing contract items of 10 Work. 11 12 1-09.6 Force Account 13 (December 30, 2022 APWA GSP) 14 15 Supplement this section with the following: 16 17 The Contracting Agency has estimated and included in the Proposal, dollar amounts for all items to 18 be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts 19 are to become a part of Contractor's total bid. However, the Contracting Agency does not warrant 20 expressly or by implication, that the actual amount of work will correspond with those estimates. 21 Payment will be made on the basis of the amount of work actually authorized by the Engineer. 22 23 1-09.7 Mobilization 24 (December 30, 2022 APWA GSP) 25 26 Delete this Section and replace it with the following: 27 28 Mobilization consists of preconstruction expenses and the costs of preparatory Work and 29 operations performed by the Contractor typically occurring before 10 percent of the total original 30 amount of an individual Bid Schedule is earned from other Contract items on that Bid Schedule. 31 Items which are not to be included in the item of Mobilization include but are not limited to: 32 33 1. Portions of the Work covered by the specific Contract item or incidental Work which is to be 34 included in a Contract item or items. 35 2. Profit, interest on borrowed money, overhead, or management costs. 36 3. Costs incurred for mobilizing equipment for force account Work. 37 38 Based on the lump sum Contract price for “Mobilization”, partial payments will be made as follows: 39 40 1. When 5 percent of the total original Bid Schedule amount is earned from other Contract 41 items on that original Bid Schedule, excluding amounts paid for materials on hand, 50 42 percent of the Bid Item for mobilization on that original Bid Schedule, 5 percent of the total 43 of that original Bid Schedule, or 5 percent of the total original Contract amount, whichever 44 is the least, will be paid. 45 2. When 10 percent of the total original Bid Schedule amount is earned from other Contract 46 items on that original Bid Schedule, excluding amounts paid for materials on hand, 100 47 percent of the Bid Item for mobilization on that original Bid Schedule, 10 percent of the total 48 of that original Bid Schedule, or 10 percent of the total original Contract amount, whichever 49 is the least, will be paid. 50 3. When the Substantial Completion Date has been established for the project, payment of 51 any remaining amount Bid for mobilization will be paid. 52 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 31 (Add. 2) 2025 1 Nothing herein shall be construed to limit or preclude partial payments otherwise provided by the 2 Contract. 3 4 1-09.9 Payments 5 (December 30, 2022 APWA GSP) 6 7 Section 1-09.9 is revised to read: 8 9 The basis of payment will be the actual quantities of Work performed according to the Contract and 10 as specified for payment. 11 12 The Contractor shall submit a breakdown of the cost of lump sum bid items at the Preconstruction 13 Conference, to enable the Project Engineer to determine the Work performed on a monthly basis. 14 A breakdown is not required for lump sum items that include a basis for incremental payments as 15 part of the respective Specification. Absent a lump sum breakdown, the Project Engineer will make 16 a determination based on information available. The Project Engineer’s determination of the cost of 17 work shall be final. 18 19 Progress payments for completed work and material on hand will be based upon progress 20 estimates prepared by the Engineer. A progress estimate cutoff date will be established at the 21 preconstruction conference. 22 23 The initial progress estimate will be made not later than 30 days after the Contractor commences 24 the work, and successive progress estimates will be made every month thereafter until the 25 Completion Date. Progress estimates made during progress of the work are tentative, and made 26 only for the purpose of determining progress payments. The progress estimates are subject to 27 change at any time prior to the calculation of the final payment. 28 29 The value of the progress estimate will be the sum of the following: 30 1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of work 31 completed multiplied by the unit price. 32 2. Lump Sum Items in the Bid Form — based on the approved Contractor’s lump sum 33 breakdown for that item, or absent such a breakdown, based on the Engineer’s 34 determination. 35 3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site or other 36 storage area approved by the Engineer. 37 4. Change Orders — entitlement for approved extra cost or completed extra work as 38 determined by the Engineer. 39 40 Progress payments will be made in accordance with the progress estimate less: 41 1. Retainage per Section 1-09.9(1), on non FHWA-funded projects; 42 2. The amount of progress payments previously made; and 43 3. Funds withheld by the Contracting Agency for disbursement in accordance with the Contract 44 Documents. 45 46 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 32 (Add. 2) 2025 Progress payments for work performed shall not be evidence of acceptable performance or an 1 admission by the Contracting Agency that any work has been satisfactorily completed. The 2 determination of payments under the contract will be final in accordance with Section 1 -05.1. 3 4 Failure to perform obligations under the Contract by the Contractor may be decreed by the 5 Contracting Agency to be adequate reason for withholding any payments until compliance is 6 achieved. 7 8 Upon completion of all Work and after final inspection (Section 1 -05.11), the amount due the 9 Contractor under the Contract will be paid based upon the final estimate made by the Engineer and 10 presentation of a Final Contract Voucher Certification to be signed by the Contractor. The 11 Contractor's signature on such voucher shall be deemed a release of all claims of the Contractor 12 unless a Certified Claim is filed in accordance with the requirements of Section 1 -09.11 and is 13 expressly excepted from the Contractor’s certification on the Final Contract Voucher Certification. 14 The date the Contracting Agency signs the Final Contract Voucher Certification constitutes the final 15 acceptance date (Section 1 -05.12). 16 17 If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher Certification 18 or any other documentation required for completion and final acceptance of the Contract, the 19 Contracting Agency reserves the right to establish a Completion Date (for the purpose of meeting 20 the requirements of RCW 60.28) and unilaterally accept the Contract. Unilateral final acceptance will 21 occur only after the Contractor has been provided the opportunity, by written request from the 22 Engineer, to voluntarily submit such documents. If voluntary compliance is not achieved, formal 23 notification of the impending establishment of a Completion Date and unilateral final acceptance will 24 be provided by email with delivery confirmation from the Contracting Agency to the Contractor, which 25 will provide 30 calendar days for the Contractor to submit the necessary documents. The 30 calendar 26 day period will begin on the date the email with delivery confirmation is received by the Contractor. 27 The date the Contracting Agency unilaterally signs the Final Contract Voucher Certification shall 28 constitute the Completion Date and the final acceptance date (Section 1 -05.12). The reservation by 29 the Contracting Agency to unilaterally accept the Contract will apply to Contracts that are Physically 30 Completed in accordance with Section 1 -08.5, or for Contracts that are terminated in accordance 31 with Section 1-08.10. Unilateral final acceptance of the Contract by the Contracting Agency does not 32 in any way relieve the Contractor of their responsibility to comply with all Federal, State, tribal, or 33 local laws, ordinances, and regulations that affect the Work under the Contract. 34 35 Payment to the Contractor of partial estimates, final estimates, and retained percentages shall be 36 subject to controlling laws. 37 38 1-09.11(3) Time Limitation and Jurisdiction 39 (December 30, 2022 APWA GSP) 40 41 Revise this section to read: 42 43 For the convenience of the parties to the Contract it is mutually agreed by the parties that all claims 44 or causes of action which the Contractor has against the Contracting Agency arising from the 45 Contract shall be brought within 180 calendar days from the date of final acceptance (Section 1 -46 05.12) of the Contract by the Contracting Agency; and it is further agreed that all such claims or 47 causes of action shall be brought only in the Superior Court of the county where the Contracting 48 Agency headquarters is located, provided that where an action is asserted against a county, RCW 49 36.01.050 shall control venue and jurisdiction. The parties understand and agree that the 50 Contractor’s failure to bring suit within the time period provided, shall be a complete bar to all such 51 claims or causes of action. It is further mutually agreed by the parties that when claims or causes of 52 Renton Gate & Perimeter Security Upgrades Project Special Provisions CAG-25-012 Page | 33 (Add. 2) 2025 action which the Contractor asserts against the Contracting Agency arising from the Contract are 1 filed with the Contracting Agency or initiated in court, the Contractor shall permit the Contracting 2 Agency to have timely access to all records deemed necessary by the Contracting Agency to assist 3 in evaluating the claims or action. 4 5 1-09.13(3) Claims $250,000 or Less 6 Not listed on AWPA list 7 8 1-09.13(3)A Arbitration General 9 (January 19, 2022 APWA GSP) 10 11 Revise the third paragraph to read: 12 13 The Contracting Agency and the Contractor mutually agree to be bound by the decision of the 14 arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior 15 Court of the county in which the Contracting Agency’s headquarters is located, provided that where 16 claims subject to arbitration are asserted against a county, RCW 36.01.050 shall control venue and 17 jurisdiction of the Superior Court. The decision of the arbitrator and the specific basis for the decision 18 shall be in writing. The arbitrator shall use the Contract as a basis for decisions. 19