SUBJECTS › PUBLIC WORKS › Proposed Revised Div. 1-99 APWA SUPPLEMENT to 1998 Standard Specifications for Road, Bridge, and Municipal Construction

Proposed Revised Div. 1-99 APWA SUPPLEMENT to 1998 Standard Specifications for Road, Bridge, and Municipal Construction

Proposed Revised Div. 1-99 APWA Supplement
to 1998 Standard Specifications for Road, Bridge, and Municipal Construction

Division I-99 amendments developed by the Division I-99 Subcommittee of the APWA Construction Standards Committee have been forwarded to FHWA though the TransAid office for review and approval. Division I-99 is the APWA Supplement of the WSDOT/APWA Standard Specifications for Road and Bridge Construction, and adapts the Standard Specifications for use directly by local agencies. WSDOT sanctions use of this supplement by local agencies for road and highway construction using federal aid. However, some agencies have begun to use their own version of I-99, prompting an admonition from TransAid Undersecretary Dennis Ingham that such action may result in project approval delays.

Please send any further comments to:

knelson@cityoftacoma.org

I-99 APWA Supplement

Section 1-01.3 is supplemented by adding the following definitions:

All references in the Standard Specifications to the terms "State", "Department of Transportation", "Washington State Transportation Commission", "Commission", "Secretary of Transportation", "Secretary", "Headquarters", and "State Treasurer" shall be revised to read "Contracting Agency".

All references to "Olympia Service Center Materials Laboratory" shall be revised to read "Contracting Agency designated location".

The venue of all causes of action arising from the contract shall be in the Superior Court of the county where the Contracting Agency’s headquarters is located.

1-01.3 Definitions (APWA only)

Additive - A supplemental unit of work or group of bid items, identified separately in the proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid.

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

Contract Documents (APWA only) - See definition for "Contract."

Contract Time (APWA only) - The period of time established by the terms and conditions of the contract within which the work must be physically completed.

Dates (APWA only)

Bid Opening Date

Award Date - The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive bidder for the work.

Contract Execution Date - The date the Contracting Agency officially binds the agency to the contract.

Notice to Proceed Date - The date stated in the Notice to Proceed on which the contract time begins.

Substantial Completion Date - The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, and only minor incidental work, replacement of temporary substitute facilities, or correction or repair remains for the physical completion of the total contract.

Contract Completion Date - The date by which the work is contractually required to be physically completed. The Contract Completion Date will be stated in the Notice to Proceed. Revisions of this date will be authorized in writing by the Engineer whenever there is an extension to the contract time.

Physical Completion Date - The day all of the work is physically completed on the project. All documentation required by the contract and required by law does not necessarily need to be furnished by the Contractor by this date.

Completion Date - The day all the work specified in the contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the contract and required by law must be furnished by the Contractor before establishment of this date.

Final Acceptance Date - The date on which the Contracting Agency accepts the work as complete.

Notice of Award (APWA only) - The written notice from the Contracting Agency to the successful bidder signifying the Contracting Agency’s acceptance of the bid.

Notice to Proceed (APWA only) - The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the work and establishing the date on which the contract time begins.

Section 1-02.1 is deleted and replaced by the following:

1-02.1 Qualifications of Bidder (APWA only)

Bidders shall be qualified by experience, financing, equipment, and organization to do the work called for in the Contract Documents. The Contracting Agency reserves the right to take whatever action it deems necessary to ascertain the ability of the bidder to perform the work satisfactorily. This action may include a prequalification procedure prior to the bidder being furnished a proposal form on any contract, or a pre-award survey of the bidder’s qualifications prior to award.

Section 1-02.2 is deleted and replaced by the following:

1-02.2 Plans and Specifications (APWA only)

Information as to where Bid Documents can be obtained or reviewed will be found in the Call for Bids (Advertisement for Bids) for the work.

After award of the contract, plans and specifications will be issued to the Contractor as detailed in the Special Provisions.

Section 1-02.5 is deleted and replaced by the following:

1-02.5 Proposal Form (APWA only)

At the request of a bidder, the Contracting Agency will provide a proposal form for any project on which the bidder is eligible to bid.

The proposal form will identify the project and its location and describe the work. It will also list estimated quantities, units of measurement, the items of work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit prices; extensions; summations; the total bid amount; signatures; date; and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder's name, address, telephone number, and signature; the bidder's D/M/WBE commitment, if applicable; a State of Washington Contractor's Registration Number; and a Business License Number, if applicable. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the proposal form.

The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the proposal forms unless otherwise specified in the Special Provisions.

Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid. The bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner.

A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign).

A bid by a partnership shall be executed in the partnership name, and signed by a partner. A copy of the partnership agreement shall be submitted with the Bid Form if the D/M/WBE requirements are to be satisfied through such an agreement.

A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture. A copy of the joint venture agreement shall be submitted with the Bid Form if the D/W/MBE requirements are to be satisfied through such an agreement.

Section 1-02.7 is supplemented by adding the following:

1-02.7 Bid Deposit (APWA)

Bid bonds shall contain the following:

Contracting Agency-assigned number for the project;
Name of the project;
The Contracting Agency named as obligee;
The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded;
Signature of the bidder's officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany the said signature;
The signature of the surety's officer empowered to sign the bond and the power of attorney.

If so stated in the Contract Provisions, bidder must use the bond form included in the Contract Provisions.

Section 1-02.13 paragraph 1 is supplemented by revising item (a) in paragraph 1 to read:

1-02.13 Irregular Proposals (APWA only)

a. The bidder is not prequalified when so required;

Section 1-02.14 is deleted and replaced by the following:

1-02.14 Disqualification of Bidders (APWA only)

A bidder may be deemed not responsible and the proposal rejected if:

More than one proposal is submitted for the same project from a bidder under the same or different names;
Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids;
The bidder, in the opinion of the Contracting Agency, is not qualified for the work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification or pre-award evaluation of the bidder;
An unsatisfactory performance record exists based on past or current Contracting Agency work or for work done for others, as judged from the standpoint of conduct of the work; workmanship; progress; affirmative action; equal employment opportunity practices; or Disadvantaged Business Enterprise, Minority Business Enterprise, or Women's Business Enterprise utilization;
There is uncompleted work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the work bid upon;
The bidder failed to settle bills for labor or materials on past or current contracts;
The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract;
The bidder is unable, financially or otherwise, to perform the work;
A bidder is not authorized to do business in the State of Washington (not registered in accordance with RCW 18.27);
The bidder fails to meet the D/M/WBE requirements as described in Section 1-02.6
There are any other reasons deemed proper by the Contracting Agency.

Section 1-02.15 is supplemented by adding the following:

1-02.15 Pre-Award Information (APWA only)

8. A copy of State of Washington Contractor’s Registration.

Section 1-03.1 is supplemented by revising the last sentence in the first paragraph to read:

1-03.1 Consideration of Bids (APWA only)

The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and/or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond.

Section 1-03.3 is supplemented by revising sentence 1, paragraph 1 to read:

1-03.3 Execution of Contract (APWA only)

Within 10 calendar days after the award date, or such other time frame identified in the Special Provisions, the successful bidder shall return the signed Contracting Agency-prepared contract, insurance certification as required by Section 1-07.18, and a satisfactory bond as required by law and Section 1-03.4.

Section 1-03.3 is supplemented by adding the following:

1-03.3 Execution of Contract (APWA only)

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

Section 1-03.4 is supplemented by adding the following to the first paragraph:

1-03.4 Contract Bond (APWA only)

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

Section 1-05.4 is supplemented by adding the following:

1-05.4 Conformity With and Deviations from Plans and Stakes (APWA only)

1-05.4(1) Roadway and Utility Surveys (APWA only)

The Engineer shall furnish to the Contractor one time only all principal lines, grades, and measurements the Engineer deems necessary for completion of the work. These shall generally consist of one initial set of:

Slope stakes for establishing grading;
Curb grade stakes;
Centerline finish grade stakes for pavement sections wider than 25 feet; and
Offset points to establish line and grade for underground utilities such as water, sewers, and storm drains.

On alley construction projects with minor grade changes, the Engineer shall provide only offset hubs on one side of the alley to establish the alignment and grade.

1-05.4(2) Bridge and Structure Surveys (APWA only)

For all structural work such as bridges and retaining walls, the Contractor shall retain as a part of Contractor’s organization an experienced team of surveyors.

The Contractor shall provide all surveys required to complete the structure, except the following primary survey control which will be provided by the Engineer:

Centerline or offsets to centerline of the structure.
Stations of abutments and pier centerlines.
A sufficient number of bench marks for levels to enable the Contractor to set grades at reasonably short distances.
Monuments and control points as shown in the Plans.

The Contractor shall establish all secondary survey controls, both horizontal and vertical, as necessary to assure proper placement of all project elements based on the primary control points provided by the Engineer. Survey work shall be within the following tolerances:

Stationing +.01 foot
Alignment +.01 foot (between successive points)
Superstructure Elevations +.01 foot (from plan elevations)
Substructure Elevations +.05 foot (from plan elevations)

During the progress of the work, the Contractor shall make available to the Engineer all field books including survey information, footing elevations, cross sections and quantities.

The Contractor shall be fully responsible for the close coordination of field locations and measurements with appropriate dimensions of structural members being fabricated.

Section 1-05.7 is supplemented by adding the following:

1-05.7 Removal of Defective and Unauthorized Work (APWA only)

If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer, or fails to perform any part of the work required by the Contract Documents, the Engineer may correct and remedy such work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary.

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

Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of the Contractor’s unauthorized work.

No adjustment in contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency’s rights provided by this Section.

The rights exercised under the provisions of this section shall not diminish the Contracting Agency’s right to pursue any other avenue for additional remedy or damages with respect to the Contractor’s failure to perform the work as required.

Section 1-05.11 is deleted and replaced by the following:

1-05.11 Final Inspection (APWA only)

1-05.11(1) Substantial Completion Date (APWA only)

When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Contractor’s request shall list the specific items of work that remain to be completed in order to reach physical completion. The Engineer will schedule an inspection of the work with the Contractor to determine the status of completion. The Engineer may also establish the Substantial Completion Date unilaterally.

If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. If, after this inspection the Engineer does not consider the work substantially complete and ready for its intended use, the Engineer will, by written notice, so notify the Contractor giving the reasons therefor.

Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work.

The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for final inspection.

1-05.11(2) Final Inspection and Physical Completion Date (APWA only)

When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected.

If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1-05.7.

The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work attributable to the exercise of the Engineer's right hereunder. Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall not imply acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled.

1-05.11(3) Operational Testing (APWA only)

It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system. Therefore when the work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the physical completion date. Whenever items of work are listed in the Contract Provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer.

The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal.

Operational and test periods, when required by the Engineer, shall not affect a manufacturer’s guaranties or warranties furnished under the terms of the contract.

Section 1-05.13 is supplemented by revising paragraph 7 to read:

1-05.13 Superintendents, Labor, and Equipment of Contractor (APWA only)

Whenever the Contracting Agency evaluates the Contractor’s qualifications pursuant to Section 1-02.1, the Contracting Agency will take these performance reports into account.

Section 1-05 is supplemented by adding following two sections:

1-05.16 Water and Power (APWA only)

The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the contract includes power and water as a pay item, or unless provided for otherwise in the Special Provisions.

1-05.17 Oral Agreements (APWA only)

No oral agreement or conversation with any officer, agent, or employee of the Contracting Agency, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the contract. Such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the Contracting Agency, unless subsequently put in writing.

Section 1-07.1 is supplemented by adding the following:

1-07.1 Laws to be Observed (APWA only)

In cases of conflict between different safety regulations, the more stringent regulation shall apply.

The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA).

The Contractor shall maintain at the project site office, or other well known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor’s care, persons, including employees, who may have been injured on the project site. Employees should not be permitted to work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor’s care.

The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor’s plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor’s performance does not, and shall not, be intended to include review and adequacy of the Contractor’s safety measures in, on, or near the project site.

Section 1-07.2 is deleted and replaced by the following:

1-07.2 State Sales Tax (APWA only)

1-07.2(1) General (APWA only)

The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1-07.2(1) through 1-07.2(4) are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability.

The Contractor shall include all Contractor-paid taxes in the unit bid prices or other contract amounts. In some cases, however, state retail sales tax will not be included.

Section 1-07.2(3) describes this exception.

The Contracting Agency will pay the retained percentage only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all contract-related taxes have been paid (RCW 60.28.050). The Contracting Agency may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue, whether the amount owed relates to this contract or not. Any amount so deducted will be paid into the proper State fund.

1-07.2(2) State Sales Tax — Rule 171 (APWA only)

WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the United States, and which are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system. For work performed in such cases, the Contractor shall include Washington State Retail Sales Taxes in the various unit bid item prices, or other contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work.

1-07.2(3) State Sales Tax — Rule 170 (APWA only)

WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the state of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not such personal property becomes a part of the realty by virtue of installation.

For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following exception.

Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount.

1-07.2(4) Services (APWA only)

The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244).

Section 1-07.18 is deleted and replaced by the following:

1-07.18 Public Liability and Property Damage Insurance (APWA only)

General Requirements

The Contractor shall obtain and keep in force during the term of the contract and until 30 days after the physical completion date, unless otherwise indicated below, the following insurance with insurance companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW.

The insurance provided must be with an insurance company with a rating of A-: VII or higher in the A.M. Best’s Key Rating Guide, which is licensed to do business in the state of Washington (or issued as a surplus line by a Washington Surplus lines broker). The Contracting Agency reserves the right to approve the security of the insurance provided, the company, terms and coverage, and the Certificate of Insurance.

If any policy is written on a claims made form, the retroactive date shall be prior to or coincident with 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 three years following the expiration 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.

The policies of insurance shall contain a "cross liability" endorsement substantially as follows:

The inclusion of more than one insured under this policy shall not affect the rights of any insured as respects any claim, suit, or judgment made or brought by or for any other insured or by or for any employee of any other insured. This policy shall protect each insured in the same manner as though a separate policy had been issued to each, except that nothing herein shall operate to increase the company’s liability beyond the amount or amounts for which the company would have been liable had only one insured been named.

The policies of insurance for general, automobile, and pollution policies shall be specifically endorsed to name the Contracting Agency and its officers, elected officials, employees, agents and volunteers, and any other entity specifically required by the Contract Provisions, as additional insured(s).

In addition, Contractor’s insurance shall be primary as respects the Contracting Agency, and any other insurance maintained by the Contracting Agency shall be excess and not contributing insurance with the Contractor’s insurance.

The Contracting Agency shall be given at least 45 days prior written notice of any cancellation, reduction in coverage, or other material change in any insurance policy.

Insurance shall provide coverage to the Contractor, all subcontractors, and the Contracting Agency. The coverage shall protect against claims for personal injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of the Contractor or the subcontractor, or by anyone directly or indirectly employed by either of them.

Contractor hereby assumes all risk of damage to its property, or injury to its officers, directors, agents, contractors, or invitees, in or about the Property from any cause, and hereby waives all claims against the Contracting Agency. The Contractor further waives, with respect to the Contracting Agency only, its immunity under RCW Title 51, Industrial Insurance.

Upon request, the Contractor shall forward to the Contracting Agency the original policy, or endorsement obtained, to a Contractor’s policy currently in force.

The Contractor shall not begin work under the contract until the required insurance has been obtained and approved by the Contracting Agency.

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 working 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.

All costs for insurance shall be incidental to and included in the unit contract prices of the contract and no additional payment will be made.

Coverages and Limits

The insurance shall provide the minimum coverages and limits set forth below. Providing coverage in these stated minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits. All deductibles must be disclosed and are subject to approval by the Contracting Agency. The cost of any claim payments falling within the deductible shall be the responsibility of the Contractor.

A policy of Commercial General Liability Insurance, written on an insurance industry standard occurrence form: (CG 00 01) or equivalent, including all the usual coverage known as:
- Per project aggregate endorsement (CG2503)
- Premises/Operations Liability
- Products/Completed Operations – for a period of one year following final acceptance of the work.
- Personal/Advertising Injury
- Contractual Liability
- Independent Contractors Liability
- Stop Gap or Employers Contingent Liability
- Explosion, Collapse, or Underground (XCU), (as applicable)*
- Liquor Liability/Host Liquor Liability (as applicable)*
- Fire Damage Legal
- Blasting (as applicable)*
*These coverage are only required when the Contractor’s work under this agreement includes exposures to which these specified coverage respond.
If the contract requires working over water, the following additional coverages are required:
If any structures are involved in the contract, the Contractor shall provide property insurance under an "All Risk Builder’s Risk" form in an amount equal to the value of the structure. The structure shall have All Risk Builders Risk Insurance inclusive of earthquake and flood subject to customary industry deductibles.
Other additional coverages that may be required will be listed in the Contract Provisions.
Such policy(ies) must provide the following minimum limits:
Bodily Injury and Property Damage -
- $ 1,000,000 - General Aggregate
- $ 1,000,000 - Products & Completed Operations Aggregate
- $ 1,000,000 - Personal & Advertising Injury
- $ 1,000,000 - Each Occurrence
- $ 50,000 - Fire Damage Stop Gap Employers Liability
- $ 1,000,000 - Each Accident
- $ 1,000,000 - Disease - Policy Limit
- $ 1,000,000 - Disease - Each Employee
Commercial Automobile Liability: as specified by Insurance Services Office, form number CA 0001, Symbol 1 (any auto), with an MCS 90 endorsement and a CA 9948 endorsement attached if "pollutants" as defined in exclusion 11 of the commercial auto policy are to be transported. Such policy(ies) must provide the following minimum limit:
Excess or Umbrella Liability - $1 million per occurrence and aggregate
Pollution Liability: A policy providing coverage for claims involving remediation, disposal, or other handling of pollutants arising out of Contractor’s operations for others; contractors site (owned); arising from the transportation of hazardous materials; or involving remediation, abatement, repair, maintenance or other work with lead-based paint or materials containing asbestos.

Such Pollution Liability policy shall provide the following minimum coverage for Bodily Injury and Property Damage: $1,000,000 per occurrence
Professional Liability: Required if design services are a part of the work, to cover damages resulting from professional errors and omissions. Such policy must provide the following minimum coverage: $1,000,000 per claim and annual aggregate.
A policy of Worker’s Compensation, as required by the Industrial Insurance Laws of the State of Washington. As respects Workers’ Compensation insurance in the state of Washington, Contractor shall secure its liability for industrial injury to its employees in accordance with the provisions of RCW Title 51. If Contractor is qualified as a self-insurer in accordance with RCW 51.14, Contractor shall so certify by letter signed by a corporate officer indicating that it is a qualified self insured, and setting forth the limits of any policy of excess insurance covering its employees.

Subcontractors

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate evidence of insurance as stated above for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein and applicable to their profession.

Evidence of Insurance

When the Contractor delivers the executed contract for the work to the Contracting Agency it shall be accompanied by a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth above. The certificate must conform to the following requirements:

b) A copy of the endorsement naming Contracting Agency and any other entities required by the Special Provisions as Additional Insured(s), and stating that coverage is primary and non-contributory, showing the policy number, and signed by an authorized representative of the insurance company on Form CG2010 (ISO) or equivalent.

c) A copy of an endorsement stating that the coverage provided by this policy to the Contracting Agency or any other named insured shall not be canceled, reduced in coverage, or otherwise materially changed without providing at least forty-five (45) days prior written notice to the Contracting Agency.

d) The certificate(s) shall not contain the following or similar wording regarding cancellation notification to the Contracting Agency: "Failure to mail such notice shall impose no obligation or liability of any kind upon the company."

Self-Insurance

Should Contractor be self-insured for any liability coverage, a letter from the Corporate Risk Manager, or appropriate Finance Officer, is acceptable—stipulating if actuarially funded and fund limits; plus any excess declaration pages to meet the contract requirements. Further, this letter shall advise how Contractor would protect and defend the Contracting Agency as an Additional Insured in their Self-Insured layer, and include claims-handling directions in the event of a claim.

Section 1-07.23 is supplemented by adding the following new section:

1-07.23(3) Protection of Non-motorized Traffic (APWA only)

The 1-99 Subcommittee is working together with the Specifications Engineer at WSDOT on language to address pedestrian safety, protect and maintain pedestrian traffic; maintain separation of pedestrian and bicycle traffic from vehicular and construction traffic. Any suggestions are welcome.

Section 1-07.24 is deleted and replaced by the following:

1-07.24 Rights of Way (APWA only)

Street right of way lines, limits of easements, and limits of construction permits are indicated in the Plans. The Contractor’s construction activities shall be confined within these limits, unless arrangements for use of private property are made.

Generally, the Contracting Agency will have obtained, prior to bid opening, all rights of way and easements, both permanent and temporary, necessary for carrying out the work. Exceptions to this are noted in the Bid Documents or will be brought to the Contractor’s attention by a duly issued Addendum.

Whenever any of the work is accomplished on or through property other than public right of way, the Contractor shall meet and fulfill all covenants and stipulations of any easement agreement obtained by the Contracting Agency from the owner of the private property. Copies of the easement agreements may be included in the Contract Provisions or made available to the Contractor as soon as practical after they have been obtained by the Engineer.

Whenever easements or rights of entry have not been acquired prior to advertising, these areas are so noted in the Plans. The Contractor shall not proceed with any portion of the work in areas where right of way, easements or rights of entry have not been acquired until the Engineer certifies to the Contractor that the right of way or easement is available or that the right of entry has been received. If the Contractor is delayed due to acts of omission on the part of the Contracting Agency in obtaining easements, rights of entry or right of way, the Contractor will be entitled to an extension of time. The Contractor agrees that such delay shall not be a breach of contract.

Each property owner shall be given 48 hours notice prior to entry by the Contractor. This includes entry onto easements and private property where private improvements must be adjusted.

The Contractor shall be responsible for providing, without expense or liability to the Contracting Agency, any additional land and access thereto that the Contractor may desire for temporary construction facilities, storage of materials, or other Contractor needs. However, before using any private property, whether adjoining the work or not, the Contractor shall file with the Engineer a written permission of the private property owner, and, upon vacating the premises, a written release from the property owner of each property disturbed or otherwise interfered with by reasons of construction pursued under this contract. The statement shall be signed by the private property owner, or proper authority acting for the owner of the private property affected, stating that permission has been granted to use the property and all necessary permits have been obtained or, in the case of a release, that the restoration of the property has been satisfactorily accomplished. The statement shall include the parcel number, address, and date of signature. Written releases must be filed with the Engineer before the Completion Date will be established.

Section 1-08 is supplemented by adding the following:

1-08.0 Preliminary Matters (APWA only)

1-08.0(1) Preconstruction Conference (APWA only)

Prior to the Contractor beginning the work, a preconstruction conference will be held between the Contractor, the Engineer and such other interested parties as may be invited. The purpose of the preconstruction conference will be:

To review the initial progress schedule;
To establish a working understanding among the various parties associated or affected by the work;
To establish and review procedures for progress payment, notifications, approvals, submittals, etc.;
To establish normal working hours for the work;
To review safety standards and traffic control; and
To discuss such other related items as may be pertinent to the work.

The Contractor shall prepare and submit at the preconstruction meeting the following:

A breakdown of all lump sum items;
A preliminary schedule of working drawing submittals; and
A list of material sources for approval if applicable.

1-08.0(2) Hours of Work (APWA only)

Except in the case of emergency or unless otherwise stated in the Special Provisions or approved by the Contracting Agency, the normal straight time working hours for the contract shall be any consecutive 8-hour period between 7:00 a.m. and 6:00 p.m. of a working day with a maximum 1-hour lunch break and a 5-day work week. The normal straight time 8-hour working period for the contract shall be established at the preconstruction conference or prior to the Contractor commencing the work.

If a Contractor desires to perform work on holidays, Saturdays, Sundays, or before 7:00 a.m. or after 6:00 p.m. on any day, the Contractor shall apply in writing to the Engineer for permission to work such times. Permission to work longer than an 8-hour period between 7:00 a.m. and 6:00 p.m. is not required. Such requests shall be submitted to the Engineer no later than noon on the working day prior to the day for which the Contractor is requesting permission to work.

Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject to noise control requirements. Approval to continue work during these hours may be revoked at any time the Contractor exceeds the Contracting Agency’s noise control regulations or complaints are received from the public or adjoining property owners regarding the noise from the Contractor’s operations. The Contractor shall have no claim for damages or delays should such permission be revoked for these reasons.

Permission to work Saturdays, Sundays, holidays or other than the agreed upon normal straight time working hours Monday through Friday may be given subject to certain other conditions set forth by the Contracting Agency or Engineer. These conditions may include but are not limited to: requiring the Engineer or such assistants as the Engineer may deem necessary to be present during the work; requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight-time costs for Contracting Agency employees who worked during such times; considering the work performed on Saturdays and holidays as working days with regards to the contract time; and considering multiple work shifts as multiple working days with respect to contract time even though the multiple shifts occur in a single 24-hour period. Assistants may include, but are not limited to, survey crews; personnel from the Contracting Agency’s material testing lab; inspectors; and other Contracting Agency employees when in the opinion of the Engineer, such work necessitates their presence.

1-08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees (non Federal aid projects only) (APWA only)

Where the Contractor elects to work on a Saturday, Sunday, or holiday, or longer than an 8-hour work shift on a regular working day, as defined in the Standard Specifications, such work shall be considered as overtime work. On all such overtime work an inspector will be present, and a survey crew may be required at the discretion of the Engineer. In such case, the Contracting Agency may deduct from amounts due or to become due to the Contractor for the costs in excess of the straight-time costs for employees of the Contracting Agency required to work overtime hours.

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.

Section 1-08.1 is supplemented by revising the seventh paragraph to read:

1-08.1 Subcontracting (APWA only)

The Contractor shall certify to the actual amounts paid to any Disadvantaged, Minority, or Women’s Business Enterprises firms that were subcontractors, manufacturers, regular dealers, or service providers on the contract. This certification shall be submitted to the Engineer, on the form provided by the Engineer, annually on the date cited in the Special Provisions, or 20 calendar days after physical completion of the contract, whichever comes first.

Section 1-08.4 is revised by deleting the first sentence and replacing it with the following:

1-08.4 Notice to Proceed and Prosecution of the Work (APWA only)

Notice to Proceed will be given after the contract has been executed and the contract bond and evidence of insurance have been approved and filed by the Contracting Agency. The Contractor shall not commence with the work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed Date, unless otherwise approved in writing.

Section 1-08.5 is supplemented by adding the following to the end of the fifth paragraph:

1-08.5 Time for Completion (APWA Only)

If the Contractor elects to work 10 hours a day and 4 days a week (a 4-10 schedule) and the fifth day of the week in which a 4-10 shift is worked would ordinarily be charged as a working day then the fifth day of that week will be charged as a working day whether or not the Contractor works on that day.

Section 1-08.5 is supplemented by adding the following to item 2 of the last paragraph:

1-08.5 Time for Completion (APWA Only)

Section 1-09.9 is revised by deleting the third paragraph and replacing it with the following:

1-09.9 Payments (APWA only)

Progress payments for completed work and material on hand will be based upon progress estimates prepared by the Engineer. A progress estimate cutoff date will be established at the preconstruction meeting.

The initial progress estimate will be made not later than 30 days after the Contractor commences the work, and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the work are tentative, and made only for the purpose of determining progress payment. The progress estimates are subject to change at any time prior to the calculation of the Final Payment.

The value of the progress estimate will be the sum of the following:

Unit Price Items in the Bid Form — the approximate quantity of acceptable units of work completed multiplied by the unit price.
Lump Sum Items in the Bid Form — the estimated percentage complete multiplied by the Bid Forms amount for each Lump Sum Item, or per the schedule of values for that item.
Materials on Hand — 100 percent of invoiced cost of material delivered to Job site or other storage area approved by the Engineer.
Change Orders — entitlement for approved extra cost or completed extra work as determined by the Engineer.

Progress payments will be made in accordance with the progress estimate less:

Retainage per Section 1-04.8. [WSDOT is adding section on retainage via amendment to their 1-04.8—should be issued in June 1998]
The amount of Progress Payments previously made.
Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents.

Progress payments for work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any work has been satisfactorily completed.

Payments will be made by warrants, issued by the Contracting Agency’s fiscal officer, against the appropriate fund source for the project. Payments received on account of work performed by a subcontractor are subject to the provisions of RCW 39.04.250.

Section 1-09.13(3)A is supplemented by revising the first sentence of the third paragraph to read that judgment may be entered in the superior court of the county in which contracting agency's headquarters are located.

Section 1-10.5, the bid item "traffic control labor" in the second paragraph is deleted and replaced with the following:

1-10.5 Payment (APWA Only)

"Traffic Control Labor", per hour (Min. Bid $_____ per hour)

The unit contract price per hour, at the minimum price or more stated in the bid form, shall be full pay for all costs for the labor provided for performing those construction operations described in Section 1-10.3(1) and as authorized by the Engineer. Payment under this item shall be limited to the hours the worker is actually performing the work.

Should the Contractor determine that the cost for this work is greater than the minimum price shown in the bid form, the Contractor may bid a higher price. Should the Contractor write in a unit price less than the minimum price shown in the bid form, the minimum unit price shown in the bid form shall govern and become part of the bid.

Proposed Revised Div. 1-99 APWA Supplement to 1998 Standard Specifications for Road, Bridge, and Municipal Construction