HomeMy WebLinkAboutCP2137 Contract Plans and Specifications
2022 WSDOT
C I T Y O F A U B U R N
K I N G A N D P I E R C E C O U N T I E S ,
W A S H I N G T O N
CONTRACT PROVISIONS WITH
SAMPLE CONTRACT FORMS
for
Project Number CP2137
FRONTAGE ROAD CULVERT REPAIR, PHASE 1
Contract No. 22-02
Bid Opening Date: January 20, 2022
5:00 PM PT
Engineering Division
Public Works Department
25 West Main St.
Auburn, WA 98001-4998
(253) 931-3010
C I T Y O F A U B U R N
K I N G A N D P I E R C E C O U N T I E S ,
W A S H I N G T O N
CONTRACT PROVISIONS WITH
SAMPLE CONTRACT FORMS
for
Project Number CP2137
FRONTAGE ROAD CULVERT REPAIR, PHASE 1
Contract No. 22-02
Engineering Division
Public Works Department
25 West Main St.
Auburn, WA 98001-4998
(253) 931-3010
Approved for Construction:
Jacob Sweeting, P.E., Date
City Engineer
Reviewed By:
Project Manager Date
1/11/2022
Introduction
Description of Work
The work provides for the construction of Project CP2137, Frontage Road Culvert
Repair, Phase 1. The major items of work include removal of curb, gutter, sidewalk,
fencing and a reinforced concrete support structure. Additionally this project will
remove the obstruction in the culvert and clean the culvert within permit allowances.
Project Location
72nd Ave S approx. 900 feet south of S 277th St.
Project Funding
This project is funding with City Utility Funds.
TABLE OF CONTENTS
Introduction
Table of Contents
Invitation to Submit Quotes
SAMPLE CONTRACT FORMS
Contract
PART 1: GENERAL SPECIAL PROVISIONS DIVISION 1
PART 2: TECHNICAL SPECIAL PROVISIONS DIVISIONS 2 through 9
APPENDIX ‘A’ Prevailing Wage Rates
APPENDIX ‘B’ Contract Plans
APPENDIX ‘C’ Site Photographs
ENG-259, Revised 8/20
INVITATION TO SUBMIT QUOTE
Non-Formally Bid Public Works Contract No. 22-02
CP2137 Frontage Road Culvert Repair
Quotes are due by 5:00 p.m., Thursday, January 20, 2022
Prevailing Wages Are Required to be Paid
You are invited to submit a quote for the above-named project. Please examine the attached conceptual drawings
and contract documents carefully so that you will be familiar with the requirements of the contract.
PROJECT TITLE:
Description of Work
The major items of work include the removal of curb, gutter, sidewalk, fencing and a reinforced concrete
support structure above a box culvert that supports flows into Mill Creek. Additionally, this project will remove
the obstruction in the box culvert and clean the culvert within permit allowances.
Project Location
72nd Ave S approx. 900 feet south of S 277th St.
Quote Submittal
Quotes must be submitted on the attached Construction Work Quote Form for all work and materials required to
produce the finished product(s). Quote forms must be signed. Alternatives, modifications, exceptions, or
qualifications to the Quote Proposal will not be accepted.
Quotes must be emailed to lfink@auburnwa.gov with the subject line “Quote Proposal for CP2137 Frontage Road
Culvert Repair”, no later than 5:00 p.m., Thursday, January 20, 2022.
A formal bid opening will not be held. Upon selection of a contractor, a summary of all quotes received for this
project will be emailed to all contractors who submitted one.
The City of Auburn reserves the right to reject any or all quotes, waive technicalities or irregularities, and to accept
any quote if such action is believed to be in the best interest of the City.
City of Auburn Business License
A current City of Auburn Business License is required prior to performing work in the City of Auburn. You may
obtain an application form by contacting the City’s Customer Service Center at 253-931-3090 or under Permits &
Licenses at www.auburnwa.gov.
Site Visit
There is no scheduled site visit.
SAMPLE
CONTRACT FORMS
for
Project Number CP2137
FRONTAGE ROAD CULVERT REPAIR, PHASE 1
Contract No. 22-02
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 1 of 15
NON-FORMALLY BID PUBLIC WORKS CONTRACT NO. 22-02
Project No. CP2137, Frontage Road Culvert Repair, Phase 1
THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal
Corporation ("City"), and ____________________________ ("Contractor"), whose mailing address is
____________________________________________________________________________________.
RECITALS:
1. The City is in need of construction contracting services to complete the public work as described
in this Contract.
2. Contractor is qualified to perform the construction contracting services described in the Scope of
Work.
3. The City wishes to engage Contractor for the performances of these construction contracting
services.
4. This contract was not formally bid because (check one)
LIMITED PUBLIC WORKS CONTRACT: Engineer’s Estimate < $50,000.00
and this contract was awarded using the Limited Public Works process as
described in RCW 39.04.155.
SMALL PUBLIC WORKS CONTRACT (SINGLE TRADE WORK):
Engineer’s Estimate ≤ $75,500.00
SMALL PUBLIC WORKS CONTRACT (MULTIPLE TRADE WORK):
Engineer’s Estimate ≤ $116,155.00 EMERGENCY PUBLIC WORKS CONTRACT: Per RCW 39.04.280, this work
is exempt from competitive bidding requirements because the work is
considered an emergency, meaning unforeseen circumstances beyond the
control of the City either: (a) Present a real, immediate threat to the proper
performance of essential functions; or (b) will likely result in material loss or
damage to property, bodily injury, or loss of life if immediate action is not
taken.
COOPERATIVE PURCHASING AGREEMENT: This contract is being let
under (cooperative contract No. X) between (agency) and (contractor) in
accordance with RCW 39.34 (Interlocal Cooperation Act). Other ___________________.
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 2 of 15
AGREEMENT
1) CONTRACTOR SERVICES
The Contractor shall do all work and furnish all tools, materials and equipment for the construction
of Project No. CP2137 in accordance with this Contract form. Scope of work is as follows:
Remove curb, gutter, sidewalk, fencing and reinforced concrete support structure.
Remove the obstruction in the culvert and clean the culvert within permit allowances.
The complete Contract includes the following parts, which are by this reference incorporated
herein and made a part hereof. Any inconsistency in the parts of the Contract shall be
resolved by the order in which they are listed:
A. Non-Formally Bid Public Works Contract (this form)
B. Construction Work Quote Form
C. CP2137 Plans
D. City of Auburn Construction Standards, Part 2
E. City of Auburn Design Standards
F. Divisions 2 – 9 of WSDOT/APWA Standard Specifications for Road, Bridge and
Municipal Construction and any special provisions included in the Contract
G. Portions of Division 1 of WSDOT/APWA Standard Specifications for Road, Bridge and
Municipal Construction as specifically referenced in the Contract and any special
provisions included in the contract.
H. Washington State Department of Labor & Industries Prevailing Wage Rates and Benefit
Key Code effective the date the Contractor submitted the Construction Work Quote Form
I. On the Contract plans, working drawings, and standard plans, figured dimensions shall
take precedence over scaled dimensions.
J. In case of any ambiguity or dispute over interpreting the Contract, the City Engineer’s
decision will be final.
2) CITY OF AUBURN BUSINESS LICENSE
The Contractor, subcontractors, and lower tier subcontractors, shall have an active City of Auburn
business license.
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 3 of 15
3) NOTICE TO PROCEED
A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and
City, and all insurance and licensing requirements as set forth in the contract have been met. The
Notice to Proceed Date shall be either the date the Contractor commenced contract work or the date
the contract has been fully executed by the Contractor and City and all insurance and licensing
requirements as set forth in the contract have been met, whichever occurs first.
4) TIME OF COMPLETION
The Contractor shall complete the work within 15 working days from the Notice to Proceed Date.
5) LIQUIDATED DAMAGES (CHECK ONE)
Liquidated damages shall not apply to this contract.
Liquidated damages shall apply to this contract as follows:
If said work is not completed within the time specified, the Contractor agrees to pay
liquidated damages to the City as follows:
A. To pay (according to the following formula) liquidated damages for each
working day beyond the number of working days established for physical
completion, and
B. To authorize the Engineer to deduct these liquidated damages from any money
due or coming due to the Contractor.
C. Liquidated damages will not be assessed for any days for which an extension of
time is granted. No deduction or payment of liquidated damages will, in any degree,
release the Contractor from further obligations and liabilities to complete the entire
Contract.
Formula: Contract Price (without tax) x 0.15, divided by the original number of
working days for completion.
6) HOURS OF WORK
Allowed hours of work are as a specified in the enclosed Part 1: General Special Provisions Section
1-08.0(2) (Hours of Work).
7) COMPENSATION
The Contractor shall do all work and furnish all tools, materials, and equipment for the work and
services contemplated in this Contract for compensation as follows: (Check One)
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 4 of 15
Lump Sum Amount
Unit Bid Prices as listed in the Construction Work Quote Form
Not to Exceed Amount, paid per the Force Account method as described in Section 1-
09.6 of the current WSDOT Standard Specifications for Road, Bridge and Municipal
Construction
The Total Unit Bid Price, as specified above is $________________, and Washington State Sales
Tax of $__________ for a total contract price of $______________ .
This project is subject to use tax, which shall be included in the lump sum, unit bid, or time and
material compensation amount listed herein.
The City’s sales tax area is 1702 for work within King County and 2724 for work within Pierce
County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for
the Contractor and each and every Subcontractor, has been approved by the State Department of
Labor & Industries, and is received by the City.
A. Performance Bond
This is a Limited Public Works Contract AND the City has waived Performance Bond
requirements.
The Contractor shall furnish the City with an executed performance bond for the full
Contract amount, unless the contact amount is $150,000.00 or less and the Contractor has
elected to have 10% retainage held by the City, in which case a performance bond is not
required for this project.
B. Retainage (check one)
This is a Limited Public Works Contract AND the City has waived retainage
requirements.
This contract is $150,000.00 or less, therefore, the following applies:
The Contractor may elect to furnish a performance bond, in which case the City shall
hold back retainage in the amount of 5% of any and all payments made to the
Contractor, OR have the City retain, in lieu of the performance bond, 10% of the total
Contract amount, pursuant to RCW 39.08.010. The Contractor shall execute a
“Declaration of Option for Performance Bond or Additional Retainage” to indicate
his/her option. If furnishing a performance bond, the Contractor can choose to have
the retainage held by the City in a non-interest bearing account, have it placed in an
Escrow (interest bearing) Account, or submit a bond in lieu of retainage. Said
retainage shall be held by the City for a period of 30 days after the Completion Date,
or until receipt of all necessary releases from the State Department of Revenue and
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 5 of 15
State Employment Security Department, including Affidavits of Wages paid for the
Contractor and each and every subcontractor, and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
This contract is over, $150,000.00, therefore, the following applies:
The City shall hold back retainage in the amount of 5% of any and all payments
made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to
have the retainage held by the City in a non-interest bearing account, have it placed
in an Escrow (interest bearing) Account, or submit a bond in lieu of retainage. Said
retainage shall be held by the City for a period of 30 days after the Completion Date,
or until receipt of all necessary releases from the State Department of Revenue and
State Employment Security Department, including Affidavits of Wages paid for the
Contractor and each and every subcontractor, and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
C. Defective or Unauthorized Work
The City reserves its right to withhold payment from the Contractor for any defective or
unauthorized work. Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this Contract; and extra work and
materials furnished without the City's written approval. If the Contractor is unable, for any
reason, to satisfactorily complete any portion of the work, the City may complete the work by
contract or otherwise, and the Contractor shall be liable to the City for any additional costs
incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs
and attorney fees, incurred by the City beyond the maximum Contract price specified above.
The City further reserves its right to deduct the cost to complete the Contract work, including
any additional costs, from any and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims
The submittal of the Final Invoice by the Contractor shall constitute a waiver of claims,
except those previously and properly made and identified by the Contractor as unsettled at the
time Final Invoice is submitted by the Contractor.
8) INDEPENDENT CONTRACTOR
The parties intend that an Independent Contractor - Employer Relationship will be created by this
Contract, the City being interested only in the results obtained under this Contract.
9) SUBCONTRACTING
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 6 of 15
Work done by the Contractor’s own organization shall account for at least 30 percent of the
awarded Contract price. Before computing this percentage however, the Contractor may subtract
(from the awarded Contract price) the costs of any subcontracted work on items the Contract
designates as specialty items.
The Contractor shall not subcontract work unless the City approves in writing. Each request to
subcontract shall be on the form the City provides. If the City requests, the Contractor shall provide
proof that the subcontractor has the experience, ability, and equipment the work requires.
The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing Wages on
Public Works) and to furnish all certificates and statements required by the Contract. No payment
shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and
each and every subcontractor, has been approved by the State Department of Labor & Industries,
and is received by the City.
Along with the request to sublet, the Contractor shall submit the names of any contracting firms the
subcontractor proposes to use as lower tier subcontractors. Collectively, these lower tier
subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a
subcontractor. When a subcontractor is responsible for construction of a specific structure or
structures, the following work may be performed by lower tier subcontractors without being subject
to the 25 percent limitation:
A. Furnishing and driving of piling, or
B. Furnishing and installing concrete reinforcing and post-tensioning steel.
Except for the 25 percent limit, lower tier subcontractors shall meet the same
requirements as subcontractors.
The City will approve the request only if satisfied with the proposed subcontractor’s record,
equipment, experience and ability. Approval to subcontract shall not:
1. Relieve the Contractor of any responsibility to carry out the Contract.
2. Relieve the Contractor of any obligations or liability under the Contract and the
Contractor’s bond.
3. Create any contract between the City and the subcontractor, or
4. Convey to the subcontractor any rights against the City.
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 7 of 15
The City will not consider as subcontracting: (1) purchase of sand, gravel, crushed stone, crushed
slag, batched concrete aggregates, ready mix concrete, off-site fabricated structural steel, other off-
site fabricated items, and any other materials supplied by established and recognized commercial
plants; or (2) delivery of these materials to the work site in vehicles owned or operated by such
plants or by recognized independent or commercial hauling companies. However, the Washington
State Department of Labor and Industries may determine that RCW 39.12 applies to the employees
of such firms identified in A and B above in accordance with WAC 296-127.
If dissatisfied with any part of the subcontracted work, the City may request in writing that the
subcontractor be removed. The Contractor shall comply with this request at once and shall not
employ the subcontractor for any further work under the Contract.
This section does not create a contractual relationship between the City and any subcontractor.
Also, it is not intended to bestow upon any subcontractor, the status of a third-party beneficiary to
the Contract between the City and the Contractor.
10) TERMINATION
The City may terminate this Contract for good cause. "Good cause" shall include, without
limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this Contract.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
After all the work contemplated by the Contract has been completed either by the Surety or the
City, the City will calculate the total expenses and damages for the completed work. If the total
expenses and damages are less than any unpaid balance due the Contractor, the excess will be paid
by the City to the Contractor. If the total expenses and damages exceed the unpaid balance, the
Contractor and the Surety shall be jointly and severally liable to, and shall pay the difference to, the
City on demand.
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 8 of 15
11) PREVAILING WAGES
Contractor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of Washington
Department of Labor & Industries prior to commencing the Contract work. The Contractor shall
pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well
as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect
on the date the Contractor submitted the Construction Work Quote Form is attached and by this
reference incorporated herein and made a part hereof. No payment shall be issued until a Statement
of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor, has
been approved by the State Department of Labor & Industries, and is received by the City.
Retainage, if applicable, shall not be released until an Affidavit of Wages Paid form for the
Contractor and each and every subcontractor, has been approved by the State Department of Labor
& Industries, and is received by the City.
12) CHANGES
The City may issue a written change order for any change in the Contract work during the
performance of this Contract. If the Contractor determines, for any reason, that a change order is
necessary, the Contractor must submit a written change order request to an authorized agent of the
City within 10 calendar days of the date the facts and events giving rise to the requested change
occurred. If the City determines that the change increases or decreases the Contractor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in good
faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties
are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving either a written change order
from the City or an oral order from the City. If the Contractor fails to request a change order within
the time allowed, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the Contract work. If the Contractor disagrees with the equitable
adjustment, the Contractor must complete the change order work; however, the Contractor may
elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor
If the Contractor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation,
or determination by the City, the Contractor shall:
1. Within 2 days of receiving a written change order or oral order that the Contractor
desires to protest, the Contactor shall give a signed written notice of protest to the City;
and
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 9 of 15
2. Supplement the written protest within 14 calendar days with a written statement that
provides the following information:
a. The date of the Contractor's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this Contract that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that estimate was
determined.
e. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
The Contractor shall keep complete records of extra costs and time incurred as a
result of the protested work. The City shall have access to any of the Contractor's
records needed for evaluating the protest.
3. The City will evaluate all protests, provided the procedures in this section are
followed. If the City determines that a protest is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
B. Contractor's Duty to Complete Protested Work
In spite of any protest, the Contractor shall proceed promptly with the work as the City
has ordered.
C. Contractor's Acceptance of Changes
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2)
writing a separate acceptance, or (3) not protesting in the way this section provides. A
change order that is accepted by the Contractor as provided in this section shall constitute
full payment and final settlement of all claims for Contract time and for direct, indirect
and consequential costs, including costs of delays related to any work, either covered or
affected by the change.
D. Failure to Protest Constitutes Waiver
By not protesting as this section provides, the Contractor also waives any additional
entitlement and accepts from the City any written or oral order (including directions,
instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver
By failing to follow the procedures of this section, the Contractor completely waives any
claims for protested work and accepts from the City any written or oral order (including
directions, instructions, interpretations, and determination).
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 10 of 15
13) CLAIMS
The Contractor waives right to a claim if they have not followed the protest procedures outlined in
this Contract. If resolution of a protest cannot be reached, and the Contractor wishes to pursue a
claim, the Contractor shall give written notice of claim to the City within 15 calendar days of the
City’s notice of its final decision on the Contractor’s protest. Any claim for damages, additional
payment for any reason, or extension of time, whether under this Contract or otherwise, shall be
conclusively deemed to have been waived by the Contractor unless a timely written claim is made
in strict accordance with the applicable provisions of this Contract. At a minimum, a Contractor's
written claim must include the information set forth regarding protests in this Contract.
Failure to provide a complete, written notification of claim within the time allowed shall be an
absolute waiver of any claims arising in any way from the facts or events surrounding that claim or
caused by that delay.
The Contractor must, in any event, file any claim or bring any suit arising from or connected with
this Contract prior to signing the Final Payment Form.
14) WARRANTY (CHECK ONE)
No warranty applies to the Contract Work.
Warranty applies to the Contract Work as follows:
All defects in workmanship and materials that occur within one year of the Contract
Completion date shall be corrected by the Contractor. When defects are corrected, the
warranty for that portion of the work shall extend for one year from the date such correction
is completed and accepted by the City. The Contractor shall begin to correct any defects
within 7 calendar days of its receipt of notice from the City of the defect. If the Contractor
does not accomplish the corrections within a reasonable time, the City may complete the
corrections and the Contractor shall pay all costs incurred by the City in order to accomplish
the correction.
15) INDEMNIFICATION
Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and
volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal
costs and attorney fees, arising out of or in connection with the performance of this Contract, except
for injuries and damages caused by the sole negligence of the City.
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 11 of 15
The City's inspection or acceptance of any of the Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City, its
officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be
only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that this indemnification constitutes the
Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes
of this indemnification. The parties acknowledge that they have mutually negotiated this waiver.
The provisions of this section shall survive the expiration or termination of this Contract.
16) INSURANCE
Insurance requirements shall be as specified in the enclosed Part 1: General Special Provisions
Section 1-07.18 (Insurance).
17) CORRESPONDENCE (CHECK ONE)
Submittals and formal Requests for Information (RFI) shall not be required for this contract.
Submittals and Requests for Information (RFI) shall be as follows:
A. Requests for Information (RFI’s). RFI’s shall be made electronically and shall be
transmitted via e-mail to PWSubmittals@auburnwa.gov. The e-mail subject line of
electronic RFI’s shall include the following: Contract Number and Project Name/Number
as applicable – RFI Title/Subject. Each e-mail shall be limited to 10 MB’s in size. All
RFI’s shall accompany the City of Auburn “CIP Construction Request for Information”
(RFI) form as a cover letter with enough information provided for the Engineer to respond
accordingly. The time required to evaluate and review RFI’s is not the same for all RFI’s.
The Contractor shall allow a minimum of 10 calendar days, unless otherwise noted, for the
Engineer to respond.
B. Submittals. All submittals shall be made electronically and shall be transmitted via e-mail
to PWSubmittals@auburnwa.gov. The e-mail subject line of electronic submittals shall
include the following: <<<Project Number>>>, <<<Project Name>>> - “Submittal Title”.
Each electronic email shall be limited to 10 MB’s in size. All electronic submittals shall
be clear, sharp high contrast electronic files in Word 2016, Excel 2016 or PDF formats.
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 12 of 15
All submittals shall accompany the City of Auburn “Request for Submittal Approval”
(RSA) form. Any submittals made without the RSA form or without all of the required
information on the form filled out by the Contractor shall be rejected without review. No
additional compensation or time extension shall be granted for a Contractor not supplying
this form as a cover letter for their submittals or for an improperly filled out form. The
RSA form shall be completed by the Contractor as follows:
· For any item being submitted to the City for review and approval for the first time,
check the “New Submittal” box. The City will assign the item a submittal number.
For items that have been previously submitted and require a re-submittal, check
the “Re-submittal of No. ___” box and fill in the submittal number that was
assigned by the City to the original submittal. For submittals that are providing
Material Acceptance Documentation for a submittal that has been previously
made, the Contractor shall check the “Material Acceptance Documentation for
Submittal No.___” box and fill in the submittal number that was assigned by the
City for which the Contractor is supplying the acceptance documentation for.
· Fill in the Contract Number (I.E. ## - ##) and Contract/Project Name;
· Fill in the Project Identifying Number (I.E. CP####);
· Fill in the Date the Submittal was transmitted to the City;
· Provide the Contractor’s name and, if applicable, the name of Subcontractor or
supplier who prepared the submittal;
· The Contractor is strongly encouraged to submit only one material or item per RSA
form, however if more than one material or item is listed on the form then provide
a General Submittal Title that is applicable to the group. Do not group non-like
materials or items on the same form;
· When applicable, provide the Bid Item number the submittal is referencing;
· Provide a submittal description (be specific). For material submittals, provide the
Type of Material, the Manufacturer’s Product/Type, or the trade name of the
product;
· When applicable, provide the Name and the Location of the Fabricator or the
Manufacturer’s name or the Pit Number. This should be the actual manufacturer,
not the supplier or distributor,
· Provide the Contract Specification section number(s) or the page number the
submittal material is referencing, or you can list the Plan Sheet number; and
· For material submittals, indicate whether the submittal is requesting use of the
WSDOT Qualified Product List (QPL) or if the submittal is a Request for Approval
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 13 of 15
of Material (RAM) that is not in the QPL, by checking the appropriate box. For
non-material submittals and for material acceptance documentation these boxes
shall be left blank. If the Contractor elects to use a product listed in the QPL, the
submittal documentation shall be prepared in accordance with the instructions in
the WSDOT QPL program and shall be the most current list available at the time
the product is proposed to be used.
18) MISCELLANEOUS
A. Nondiscrimination. In the hiring of employees for the performance of work under this
Contract, the Contractor, its subcontractors, or any person acting on behalf of Contractor
shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the
presence of any sensory, mental, or physical disability, discriminate against any person
who is qualified and available to perform the work to which the employment relates.
B. Compliance with Laws. The Contractor shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this Contract.
C. Qualifications of Bidder. 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.
D. Work Performed at Contractor's Risk. The Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this Contract. All work shall be done at the
Contractor's own risk, and the Contractor shall be responsible for any loss of or damage
to materials, tools, or other articles used or held for use in connection with the work.
E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of
the terms and rights contained herein, or to exercise any option herein conferred in one or
more instances, shall not be construed to be a waiver or relinquishment of those terms
and rights and they shall remain in full force and effect.
F. Governing Law. This Contract shall be governed and construed in accordance with the
laws of the State of Washington. If any dispute arises between the City and the
Contractor under any of the provisions of this Contract, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the King County Superior
Court, King County, Washington.
G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or
lawsuit for damages arising from the parties' performance of this Contract, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 14 of 15
defending or bringing such claim or lawsuit; however, nothing in this subsection shall
limit the City's right to indemnification under Section 10 of this Contract.
H. Written Notice. All communications regarding this Contract shall be sent to the parties at
the addresses listed on the signature page of this Contract, unless otherwise notified. Any
written notice shall become effective upon delivery, but in any event 3 calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently
given if sent to the addressee at the address stated in this Contract.
I. Assignment. Any assignment of this Contract by the Contractor without the written
consent of the City shall be void.
J. Modification. No waiver, alteration, or modification of any of the provisions of this
Contract shall be binding unless in writing and signed by a duly authorized representative
of the City and the Contractor.
K. Severability. If any one or more sections, sub-sections, or sentences of this Contract are
held to be unconstitutional or invalid, that decision shall not affect the validity of the
remaining portion of this Contract and the remainder shall remain in full force and effect.
L. Entire Contract. The written provisions and terms of this Contract, together with any
referenced documents and attached Exhibits , supersede all prior verbal statements by any
representative of the City, and those statements shall not be construed as forming a part
of or altering in any manner this Contract. This Contract, referenced documents, and any
attached Exhibits contain the entire Contract between the parties. Should any language in
any referenced documents or Exhibits to this Contract conflict with any language
contained in this Contract, the terms of this Contract shall prevail.
ENG-059, Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 22-02
December 22, 2021
Page 15 of 15
IN WITNESS WHEREOF, the parties below have executed this Contract.
CONTRACTOR THE CITY OF AUBURN
(Signature) (Signature)
By By Nancy Backus
(Print name here)
Its Its Mayor
(Authorized representative)
DATE: DATE:
APPROVED AS TO FORM:
Kendra Comeau, City Attorney
Notices to be sent to: Notices to be sent to:
CONTRACTOR CITY OF AUBURN
Attn: Attn: Jeffrey Bender
Address 25 West Main Street
City, State Zip Auburn, WA 98001
Phone: Phone: 253.804.5063
E-mail: E-mail: jbender@auburnwa.gov
INTRODUCTION TO THE SPECIAL PROVISIONS
(December 10, 2020 APWA GSP)
The work on this project shall be accomplished in accordance with the Standard
Specifications for Road, Bridge and Municipal Construction, 2022 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 project-specific Special Provisions are not labeled as such. 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 WSDOT GSP)
(May 2013 City of Auburn GSP)
Also incorporated into the Contract Documents by reference are:
· Manual on Uniform Traffic Control Devices for Streets and Highways, currently
adopted edition, with Washington State modifications, if any
· Standard Plans for Road, Bridge and Municipal Construction, WSDOT/APWA,
current edition
· City of Auburn Surface Water Management Manual (SWMM)
Contractor shall obtain copies of these publications, at Contractor’s own expense.
PART 1: GENERAL SPECIAL PROVISIONS
for
Project Number CP2137
FRONTAGE ROAD CULVERT REPAIR, PHASE 1
Contract No. 22-02
TABLE OF CONTENTS
PART 1: GENERAL SPECIAL PROVISIONS
Division 1 General Requirements ................................................................................. 1-1
1-04.4(1) Minor Changes 1-1
1-07.6 Permits and Licenses 1-1
1-07.15 Temporary Water Pollution Prevention 1-1
1-07.18 Public Liability and Property Damage Insurance 1-2
1-07.18(1) General Requirements 1-2
1-07.18(2) Additional Insured 1-3
1-07.18(3) Subcontractors 1-3
1-07.18(4) Verification of Coverage 1-4
1-07.18(5) Coverages and Limits 1-4
1-07.18(5)A Commercial General Liability 1-5
1-07.18(5)B Automobile Liability 1-5
1-07.18(5)C Workers’ Compensation 1-5
1-07.18(5)D Excess or Umbrella Liability 1-5
1-08 Prosecution and Progress 1-6
1-08.0 Preliminary Matters 1-6
1-08.0(1) Preconstruction Conference 1-6
1-08.0(2) Hours of Work 1-6
1-09.4 Equitable Adjustment 1-7
1-09.6 Force Account 1-8
DIVISION 1: GENERAL REQUIREMENTS
CP2137 1-1 Special Provisions
Frontage Road Culvert Repair, Phase 1
1 Division 1 General Requirements
1-04.4(1) Minor Changes
(May 30, 2019 APWA GSP)
Delete the first paragraph and replace it with the following:
Payments or credits for changes amounting to $25,000 or less may be made under the Bid
item “Minor Change”. At the discretion of the Contracting Agency, this procedure for Minor
Changes may be used in lieu of the more formal procedure as outlined in Section 1-04.4,
Changes. All “Minor Change” work will be within the scope of the Contract Work and will not
change Contract Time.
1-07.6 Permits and Licenses
(December 2016 City of Auburn GSP)
The first sentence of the first paragraph is revised to read:
The Contractor shall become familiar with all permits and licenses to be obtained and shall
ensure that all their requirements are met.
(April 2017 City of Auburn GSP)
Supplement this section with the following:
The City has applied for the following Permits and has paid directly for the permit fees for
these permits only:
Hydraulic Project Approval
The Contractor shall be responsible for identifying, obtaining, and paying for all other
required Federal, State, or local permits and approvals for the work. The cost associated
with obtaining any other permit, not already obtained, shall be included in the unit bid item
prices.
(April 2017 City of Auburn GSP)
Supplement this section with the following:
All required permits and licenses shall be obtained and paid for by the Contractor. The
cost associated with obtaining any permit(s) shall be included in the unit bid item prices.
(December 2021 City of Auburn GSP)
Supplement this section with the following:
If the Contractor wishes to utilize private property for a construction staging yard,
depending on the use of that property and the characteristics of the property itself, the
Contractor will, at a minimum, be required to obtain a Temporary Use Permit for use of
the property for those purposes.
1-07.15 Temporary Water Pollution Prevention
(October 2021 City of Auburn GSP)
Supplement this Section with the following:
The Contractor shall implement erosion and sediment control (ESC) measures as
necessary to prevent erosion and to stop sediment-laden water from leaving the site and
DIVISION 1: GENERAL REQUIREMENTS
CP2137 1-2 Special Provisions
Frontage Road Culvert Repair, Phase 1
entering the storm drain system. Measures shall be in accordance with, and conform to,
the City of Auburn Surface Water Management Manual and Section 8-01 (Erosion Control
and Water Pollution Control) of the Contract 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, 2016 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 not 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
DIVISION 1: GENERAL REQUIREMENTS
CP2137 1-3 Special Provisions
Frontage Road Culvert Repair, Phase 1
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.
(September 2016 City of Auburn GSP)
In addition to the amount RCW 60.28 requires to be withheld from the progress or
retained percentage payments to the Contractor, the City of Auburn may, at its sole
discretion, withhold amounts sufficient to pay any property damage claim of which the
City may have knowledge and regardless of the informalities of notice of such claim,
arising out of the performance of this Contract, provided that the total amounts withheld
for such purposes shall not exceed 3% of the Contract price. The term “property damage
claim” shall not include any claim for personal injuries or any claim by persons furnishing
supplies or materials or performing labor for the Contractor. The amount withheld will not
be paid to the claimant by the City but will be held until either the Contractor secures a
written release from the claimant, obtains a court decision that such claim is without merit,
or satisfies any judgment in favor of the claimant on such claim.
1-07.18(2) Additional Insured
(January 4, 2016 APWA GSP)
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
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
(January 4, 2016 APWA GSP)
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.
DIVISION 1: GENERAL REQUIREMENTS
CP2137 1-4 Special Provisions
Frontage Road Culvert Repair, Phase 1
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
(January 4, 2016 APWA GSP)
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
(January 4, 2016 APWA GSP)
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.
DIVISION 1: GENERAL REQUIREMENTS
CP2137 1-5 Special Provisions
Frontage Road Culvert Repair, Phase 1
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
(January 4, 2016 APWA GSP)
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:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products & Completed Operations Aggregate
$1,000,000 Personal & Advertising Injury each offence
$1,000,000 Stop Gap / Employers’ Liability each accident
1-07.18(5)B Automobile Liability
(January 4, 2016 APWA GSP)
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
(January 4, 2016 APWA GSP)
The Contractor shall comply with Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
1-07.18(5)D Excess or Umbrella Liability
(January 4, 2016 APWA GSP)
The Contractor shall provide Excess or Umbrella Liability insurance with limits of not
less than $1 million each occurrence and annual aggregate. This excess or umbrella
DIVISION 1: GENERAL REQUIREMENTS
CP2137 1-6 Special Provisions
Frontage Road Culvert Repair, Phase 1
liability coverage shall be excess over and as least as broad in coverage as the
Contractor’s Commercial General and Auto Liability insurance
All entities listed under 1-07.18(2) of these Special Provisions shall be named as
additional insureds on the Contractor’s Excess or Umbrella Liability insurance policy.
This requirement may be satisfied instead through the Contractor’s primary
Commercial General and Automobile Liability coverages, or any combination thereof
that achieves the overall required limits of insurance.
1-08 Prosecution and Progress
(May 25, 2006 APWA GSP)
Add the following new section including subsections:
1-08.0 Preliminary Matters
1-08.0(1) Preconstruction Conference
(December 2021 City of Auburn GSP)
Following notice of award of the contract by the City, a preconstruction conference will
be scheduled 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 payments, 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 electronically 1 working day prior to the
preconstruction conference, the following, per Section 9-38 (Submittal Approval):
1. SPCC Plan per Section 1-07.15(1) of the Contract Documents.
In addition, the Contractor shall prepare and submit electronically 1 working day prior to
the preconstruction conference:
1. Emergency Call List; and
2. Schedule of equipment and labor rates, as outlined in Section 1-09.6 (Force
Account).
1-08.0(2) Hours of Work
(December 8, 2014 APWA GSP)
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
DIVISION 1: GENERAL REQUIREMENTS
CP2137 1-7 Special Provisions
Frontage Road Culvert Repair, Phase 1
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.
(February 2016 City of Auburn GSP)
If the requested working hour deviation is approved by the Engineer, it may be revoked
at any time the City receives complaints from the public or adjoining property owners
regarding the noise from the Contractor’s operations. The Contractor shall have no claim
for damages or delays should such permission be revoked for any reason.
Reimbursements by the Contractor to the Contracting Agency for overtime work will be
deducted from amounts due, or to become due, to the Contractor. The Contractor by
these specifications does hereby authorize the Engineer to deduct such costs from the
amount due or to become due to the Contractor.
1-09.4 Equitable Adjustment
(April 2006 City of Auburn GSP)
The first paragraph, Item 2b is revised to read as follows:
b. 1-09.6 (Force Account)
DIVISION 1: GENERAL REQUIREMENTS
CP2137 1-8 Special Provisions
Frontage Road Culvert Repair, Phase 1
1-09.6 Force Account
(October 10 2008 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.
(February 2017 City of Auburn GSP)
Supplement this section with the following:
All force account work shall be accounted for daily and entered by the Contractor onto the
City of Auburn ‘Daily Report of Force Account Worked’ form (Force Account form). The City
Inspector will sign the Force Account form in the field, however compensation for the work
indicated is subject to Engineer approval. The signature on the form from the Inspector does
not constitute Engineer approval. The contractor shall provide labor and equipment details
for force account work to the City before work begins.
END OF DIVISION 1
PART 2: TECHNICAL SPECIAL PROVISIONS
for
Project Number CP2137
FRONTAGE ROAD CULVERT REPAIR, PHASE 1
Contract No. 22-02
TABLE OF CONTENTS
PART 2: TECHNICAL SPECIAL PROVISIONS
DIVISION 2 Earthwork ..................................................................................................... 2-1
2-02 Removal of Structures and Obstructions .................................................................................. 2-1
2-02.3 Construction Requirements ...................................................................... 2-1
2-02.3(3) Removal of Pavement, Sidewalks, Curbs and Gutters .......................... 2-1
2-02.3(4) Remove and Reset Fencing ...................................................................... 2-1
2-02.3(5) Removal of Reinforced Concrete Support Structure ............................. 2-1
2-02.5 Measurement .............................................................................................. 2-1
2-02.5 Payment ...................................................................................................... 2-1
2-04 Haul .......................................................................................................................... 2-2
2-04.2 Hauling on other than City Streets ........................................................... 2-2
2-04.4 Measurement .............................................................................................. 2-2
2-04.5 Payment ...................................................................................................... 2-2
DIVISION 3 Aggregate Production and Acceptance ........................................................ 3-1
DIVISION 4 Bases ........................................................................................................... 4-1
DIVISION 5 Surface Treatments and Pavements .......................................................... 5-1
DIVISION 6 Structures .................................................................................................. 6-1
DIVISION 7 Drainage Structures, Storm Sewers, Sanitary Sewers,
Water Mains and Conduits ......................................................................... 7-1
DIVISION 8 Miscellaneous Construction ........................................................................... 8-1
8-02 Roadside Restoration ............................................................................................................... 8-1
8-02.1 Description ................................................................................................. 8-1
8-02.4 Measurement .............................................................................................. 8-1
8-02.5 Payment ...................................................................................................... 8-1
Division 9 Materials.......................................................................................................... 9-1
DIVISION 2: EARTHWORK
CP2137 2-1 Special Provisions
Frontage Road Culvert Repair, Phase 1
DIVISION 2 Earthwork
2-02 Removal of Structures and Obstructions
2-02.3 Construction Requirements
2-02.3(3) Removal of Pavement, Sidewalks, Curbs and Gutters
(December 2016 City of Auburn GSP)
Supplement this section with the following:
Saw cutting costs shall be included in the bid item for which the sawcut is being made and
no separate payment for saw cutting shall be made.
(*****)
Add the following new section including subsections:
2-02.3(4) Remove and Reset Fencing
This work consists of removing fencing as shown on the Plans. The Contractor shall repair
any damage to items identified to remain to be protected caused by the Contractor’s
negligence at no additional cost to the City.
(*****)
Add the following new section including subsections:
2-02.3(5) Removal of Reinforced Concrete Support Structure
This work consists of detaching the reinforced concrete support structure from its
foundations and removing the reinforced concrete support structure as shown on the Plans.
(*****)
Replace the following section in its entirety.
2-02.5 Measurement
Removal of existing reinforce concrete support structure will be measured by the square
yard as “Removal of Reinforced Concrete Support Structure”
Removal of fencing will be measured by the linear foot as “Remove Fence”
Removal of existing cement concrete pavement (driveways, sidewalks, curb ramps, asphalt
pavement) will be measured by the square yard as “Removal of Concrete Flat Work”.
Removal of existing concrete curb and gutter will be measured by the linear foot as
“Removal of Concrete Curb and Gutter”.
2-02.5 Payment
(*****)
Supplement this section with the following:
Fencing nd Fen
DIVISION 2: EARTHWORK
CP2137 2-2 Special Provisions
Frontage Road Culvert Repair, Phase 1
Payment will be made for each of the following Bid items that are included in the Proposal:
“Removal of Reinforced Concrete Support Structure”, Per Square Yard
“Remove Box Culvert Obstruction”, by force account as provided in Section 1-09.6
“Remove Fence”, Per Linear Foot
“Removal of Concrete Flat Work”, Per Square Yard
“Removal of Concrete Curb and Gutter”, Per Lineal Foot
The unit Contract price for “Removal of Reinforced Concrete Support Structure” shall be full
pay for all labor, tools, and equipment to remove and dispose of the reinforced concrete
support structure including dowel bars or reinforcing steel.
The unit Contract price for “Remove Fence” shall be full pay for all labor, tools, and
equipment to remove and dispose of the fencing including but not limited to fence material,
posts, and concrete.
The unit Contract price for “Removal of Concrete Flat Work” shall be full pay for all labor,
tools, and equipment to remove and dispose of the concrete flatwork, including any
sidewalks, curb ramps, and driveway entrances.
The unit Contract price for “Removal of Concrete Curb and Gutter” shall be full pay for all
labor, tools, and equipment to remove and dispose of the curb and gutter including dowel
bars or reinforcing steel.
2-04 Haul
2-04.2 Hauling on other than City Streets
(January 2017 City of Auburn GSP)
Supplement this section with the following:
If the sources of materials provided by the Contractor necessitate hauling over roads other
than City of Auburn streets, the Contractor shall, at the Contractor’s expense, make all
arrangements for the use and cleaning, if necessary, of the haul routes.
2-04.4 Measurement
(December 2016 City of Auburn GSP)
Delete this section and replace it with the following:
No measurement shall be made for hauling.
2-04.5 Payment
(December 2016 City of Auburn GSP)
Delete this section and replace it with the following:
All costs associated with hauling materials of any description to, from, and within the project
site shall be included in the appropriate unit Bid prices in the Proposal and no further
compensation will be paid.
END OF DIVISION 2
DIVISION 3: AGGREGATE PRODUCTION AND ACCEPTANCE
CP2137 3-1 Special Provisions
Frontage Road Culvert Repair, Phase 1
DIVISION 3 Aggregate Production and Acceptance
No Revisions.
END OF DIVISION 3
DIVISION 3: AGGREGATE PRODUCTION AND ACCEPTANCE
CP2137 3-2 Special Provisions
Frontage Road Culvert Repair, Phase 1
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DIVISION 4: BASES
CP2137 4-1 Special Provisions
Frontage Road Culvert Repair, Phase 1
DIVISION 4 Bases
No Revisions.
END OF DIVISION 4
DIVISION 4: BASES
CP2137 4-2 Special Provisions
Frontage Road Culvert Repair, Phase 1
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DIVISION 5: SURFACE TREATMENTS AND PAVEMENTS
CP2137 5-1 Special Provisions
Frontage Road Culvert Repair, Phase 1
DIVISION 5 Surface Treatments and Pavements
No Revisions.
END OF DIVISION 5
DIVISION 5: SURFACE TREATMENTS AND PAVEMENTS
CP2137 5-2 Special Provisions
Frontage Road Culvert Repair, Phase 1
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DIVISION 6: STRUCTURES
CP2137 6-1 Special Provisions
Frontage Road Culvert Repair, Phase 1
DIVISION 6 Structures
No Revisions.
END OF DIVISION 6
DIVISION 6: STRUCTURES
CP2137 6-2 Special Provisions
Frontage Road Culvert Repair, Phase 1
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DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY
SEWERS, WATER MAINS, AND CONDUITS
CP2137 7-1 Special Provisions
Frontage Road Culvert Repair, Phase 1
DIVISION 7 Drainage Structures, Storm Sewers, Sanitary
Sewers, Water Mains and Conduits
No Revisions.
END OF DIVISION 7
DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY
SEWERS, WATER MAINS, AND CONDUITS
CP2137 7-2 Special Provisions
Frontage Road Culvert Repair, Phase 1
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DIVISION 8: MISCELLANEOUS CONSTRUCTION
CP2137 8-1 Special Provisions
Frontage Road Culvert Repair, Phase 1
DIVISION 8 Miscellaneous Construction
8-02 Roadside Restoration
8-02.1 Description
(January 2017, City of Auburn GSP)
Supplement this section with the following:
This work also involves any minor repair or replacement work to restore roadside features
the Engineer discovers during construction.
8-02.4 Measurement
(January 2017, City of Auburn GSP)
Supplement this section with the following:
No unit of measure shall apply to “Roadside Restoration”.
8-02.5 Payment
(April 2017, City of Auburn GSP)
Supplement this section with the following:
Payment will be made for each of the following Bid items that are included in the Proposal:
“Roadside Restoration”, by force account as provided in Section 1-09.6.
END OF DIVISION 8
DIVISION 8: MISCELLANEOUS CONSTRUCTION
CP2137 8-2 Special Provisions
Frontage Road Culvert Repair, Phase 1
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DIVISION 9: MATERIALS
CP2137 9-1 Special Provisions
Frontage Road Culvert Repair, Phase 1
Division 9 Materials
No Revisions.
END OF DIVISION 9
DIVISION 9: MATERIALS
CP2137 9-2 Special Provisions
Frontage Road Culvert Repair, Phase 1
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APPENDIX A
PREVAILING WAGE RATES
APPENDIX B
CONTRACT PLANS
09/16/2021
Remove reinforced concrete support structure.
Footings for support structure are to remain.
(approximately 8 feet wide by 38 feet long)
Remove existing sidewalk.
(50 square yards)
Protect the existing storm until it is
relocated in Phase 2.
Remove existing fence.
(40 lineal feet)
Remove obstruction
from box culvert
and clean culvert.
PHASE 1
Remove existing curb and
gutter. (50 lineal feet)
REINFORCED CONCRETE SUPPORT STRUCTURE
CONCRETE SIDEWALK
FENCE
CURB AND GUTTER
WEST VALLEY HWY NWURN WAY NTS167
B ST NWI ST NEAUBURN WAY NWEST VALLEY HWY NS 277TH ST
15TH ST NW
37TH ST NWDSTNW C ST NE2
4 9 T H ST NE
28TH ST NE
30TH ST NE29TH ST NW 85TH AVE S4
92N D S T 45TH S T NE
66TH AVE SJ PL NEPROJECT SITE
PROJECT LOCATION MAP
APPENDIX C
SITE PHOTOGRAPHS