Standard Specifications for Road, Bridge, and Municipal Construction 2020 (M 41-10)

Page 1-14

Bid Procedures and Conditions

Any information provided by the Contracting Agency for inspection by the Bidders as
Reference Information will be made available for inspection at the location specified in
the Special Provisions. The availability of Reference Information from the Contracting
Agency shall not relieve the Bidder or the Contractor from any risks or of any duty
to make examinations and investigations as required by this section or any other
responsibility under the Contract or as may be required by law.

Prospective Bidders are advised that the Contracting Agency may include a partially
completed Washington State Department of Ecology (Ecology) Transfer of Coverage
(Ecology form ECY 020-87a) for the Construction Stormwater General Permit (CSWGP)
as part of the Bid Documents. When the Contracting Agency requires the transfer of
coverage of the CSWGP to the Contractor, an informational copy of the Transfer of
Coverage and the associated CSWGP will be included in the appendices. As a condition
of Section 1-03.3, the Contractor is required to complete sections I, III, and VIII of the
Transfer of Coverage and return the form to the Contracting Agency.

The Contracting Agency is responsible for compliance with the CSWGP until the end of
day that the Contract is executed. Beginning on the day after the Contract is executed,
the Contractor shall assume complete legal responsibility for compliance with the
CSWGP and full implementation of all conditions of the CSWGP as they apply to the
Contract Work.

1-02.4(2) Subsurface Information

If the Contracting Agency has made subsurface investigation of the site of the proposed
Work, the boring log data, soil sample test data, and geotechnical recommendations
reports obtained by the Contracting Agency will be made available for inspection by
the Bidders as Reference Information. The Summary of Geotechnical Conditions, as an
appendix to the Special Provisions, and the boring logs shall be considered as part of
the Contract. However, the Contracting Agency makes no representation or warranty
expressed or implied that:
1.

The Bidders’ interpretations from the boring logs are correct,

Moisture conditions and indicated water tables will not vary from those found at the
time the borings were made, and

The ground at the location of the borings has not been physically disturbed or
altered after the boring was made.

The Contracting Agency specifically makes no representations, guarantees, or warranties
as to the condition, materials, or proportions of the materials between the specific
borings regardless of any subsurface information the Contracting Agency may make
available to the prospective Bidders.

The availability of subsurface information from the Contracting Agency shall not relieve
the Bidder or the Contractor from any risks or of any duty to make examinations and
investigations as required by

Section 1-02.4(1)

or any other responsibility under the

Contract or as may be required by law.

Bid Procedures and Conditions

1-02

1-02.5

Proposal Forms

At the request of a Bidder, the Contracting Agency will provide a physical Proposal Form
for any project on which the Bidder is eligible to Bid. For certain projects selected at the
sole discretion of the Contracting Agency, the Bidder may also be authorized to access an
electronic Proposal Form for submittal via Trns∙Port Expedite® software and BidExpress

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 unit prices, extensions, the total Bid amount, signatures, date,
acknowledgment of Addenda, and the Bidder’s address. The required certifications are
included as part of the Proposal Form.

1-02.6

Preparation of Proposal

The Contracting Agency will accept only those Proposals properly executed on the
physical forms it provides, or electronic forms that the Bidder has been authorized to
access. Unless it approves in writing, the Contracting Agency will not accept Proposals on
forms attached to the Plans and stamped “Informational”.

All prices shall be in legible figures (not words) written in ink or typed, and expressed in
U.S. dollars and cents. The Proposal shall include:
1. A unit price for each item (omitting digits more than two places to the right of the

decimal point),

2. An extension for each unit price (omitting digits more than two places to the right of

the decimal point), and

3. The total Contract price (the sum of all extensions).

In the space provided on the signature sheet, the Bidder shall confirm that all Addenda
have been received.

The Bidder shall submit with the Bid a completed Underutilized Disadvantaged Business
Enterprise (UDBE) Utilization Certification, when required by the Special Provisions. For
each and every UDBE firm listed on the Bidder’s completed Underutilized Disadvantaged
Business Enterprise Utilization Certification, the Bidder shall submit written confirmation
from that UDBE firm that the UDBE is in agreement with the UDBE participation
commitment that the Bidder has made in the Bidder’s completed Underutilized
Disadvantaged Business Enterprise Utilization Certification. WSDOT

Form 422-031U

(Underutilized Disadvantaged Business Enterprise Written Confirmation Document) is
available for this purpose. Bidder must submit good faith effort documentation with the
Underutilized Disadvantaged Business Enterprise Utilization Certification ONLY In The
Event the bidder’s efforts to solicit sufficient UDBE participation have been unsuccessful.
Directions for delivery of the Underutilized Disadvantaged Business Enterprise Written
Confirmation Documents and Underutilized Disadvantaged Business Enterprise Good
Faith Effort documentation are included in Sections

1-02.9

and

1-02.10

Page 1-16

Bid Procedures and Conditions

The Bidder shall submit with the Bid a list of:
1. Subcontractors who will perform the work of heating, ventilation and air

conditioning, plumbing as described in

RCW 18.106

and electrical as described in

RCW 19.28

, and

2. The work those Subcontractors will perform on the Contract.
3. Shall not list more than one Subcontractor for each category of work identified,

except, when Subcontractors vary with Bid alternates, in which case the Bidder shall
identify which Subcontractor will be used for which alternate.

If no Subcontractor is listed, the Bidder acknowledges that it does not intend to use any
Subcontractor to perform those items of work.

The Bidder shall submit with their Bid a completed Contractor Certification Wage Law
Compliance form (WSDOT Form 272-009). Failure to return this certification as part of
the Bid Proposal package will make this Bid Nonresponsive and ineligible for Award. A
Contractor Certification of Wage Law Compliance form is included in the Proposal Forms.

Proposals of corporations shall be signed by the officer or officers having authority to sign
them. If a Bidder is a copartnership, the Proposal shall be signed by an authorized member
of the copartnership. When the Bidder is a joint venture, the Proposal shall be signed by
one or more individuals as authorized by the Joint Venture.

1-02.7

Bid Deposit

A deposit of at least 5 percent of the total Bid shall accompany each Bid. This deposit
may be cash, certified check, cashier’s check, or a proposal bond (Surety bond). For
projects that are selected by the Contracting Agency to be Bid electronically, the proposal
bond may be in either a physical format, or an electronic format via Surety2000.com
or Insurevision.com and BidExpress

. When a physical Bid deposit or proposal bond is

furnished to accompany an electronic Proposal Form, the Bid deposit shall be received by
the Contracting Agency at the location specified for receipt of Bids prior to the time set
for receipt of Bids. Any proposal bond shall be on a form acceptable to the Contracting
Agency and shall be signed by the Bidder and the Surety. A proposal bond shall not be
conditioned in any way to modify the minimum 5 percent required. The Surety shall: (1)
be registered with the Washington State Insurance Commissioner, and (2) appear on the
current Authorized Insurance List in the State of Washington published by the Office of
the Insurance Commissioner.

The failure to furnish a Bid deposit of a minimum of 5 percent with the Bid or as a
physical supplement to the electronic Proposal Form shall make the Bid nonresponsive
and shall cause the Bid to be rejected by the Contracting Agency.

Bid Procedures and Conditions

1-02

1-02.8

Noncollusion Declaration and Lobbying Certification

1-02.8(1) Noncollusion Declaration

When required by Section 112(c) Title 23, United States Code, a declaration shall be
provided certifying that the Bidder has not taken part in collusion or other action that
would restrain competitive Bidding.

The Code of Federal Regulations 23 CFR 635.112(f)(1) requires that: “Each Bidder
shall file a sworn or unsworn statement executed by, or on behalf of the person,
firm, association, or corporation submitting the Bid, certifying that such persons,
firm, association, or corporation has not either directly or indirectly, entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free
competitive Bidding in connection with the submitted Bid. Failure to submit the sworn or
unsworn statement as part of the Bid Proposal package will make the Bid nonresponsive
and not eligible for Award consideration”. In addition, 23 CFR 635.112(f)(1) requires that
the Contracting Agency provide the form for the declaration to prospective Bidders and
that the declaration shall be executed by such persons, firm, association, or corporation
under penalty of perjury under the laws of the United States.

Therefore, by including the Non-collusion Declaration as part of the signed bid Proposal,
the Bidder is deemed to have certified and agreed to the requirements of the Declaration.

1-02.8(2) Lobbying Certification

Section 319 of Public Law 101-121 prohibits payment of Federal Funds for contract
lobbying by the Contractor and any Subcontractor or lower tier subcontractor whose
contract exceeds $100,000. A Certification for Federal-Aid Contracts (WSDOT

Form

272-040

) is provided in the Proposal Form for Contracts exceeding $100,000 to address

this requirement.

By signing the proposal, the Bidder will be deemed to have signed and agreed to the
conditions and requirements of the Certification for Federal-Aid Contracts.

The Contractor shall ensure that a Certification for Federal-Aid Contracts (WSDOT

Form

272-040

) is included in every contract with any Subcontractor or lower tier subcontractor

whose contract exceeds $100,000. By signing the contract any Subcontractor or lower
tier subcontractor will be deemed to have signed and agreed to the conditions and
requirements of the Certification for Federal-Aid Contracts. The Contractor shall keep
evidence in their files that such Subcontractor or lower tier subcontractor has committed
to this requirement.

Section 319 of Public Law 101-121 also provides that, if any funds other than Federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with this Federal Contract, grant, loan, or cooperative agreement, the
Contractor shall complete and submit to the Contracting Agency the Standard Form
LLL, DISCLOSURE OF LOBBYING ACTIVITIES, in accordance with the instructions

Illumination, Signal, Electrical

9-29

Polyethylene drain tubes for junction boxes mounted in structures shall be ⅜-inch
diameter with a wall thickness of 0.062 inches and shall be rated for a 110 psi working
pressure at 73°F.

The size of NEMA 4X junction boxes and NEMA 3R junction boxes shall be as shown in
the Plans.

9-29.2(4) Cover Markings

Junction boxes, cable vaults, and pull boxes with metallic lids shall be marked with the
appropriate legend in accordance with the bead weld details in the

Standard Plans

Non-metallic lids shall be embossed with the appropriate legend and a non-skid surface.
Legends for metallic lids and non-metallic lids shall be 1-inch nominal height.

Junction boxes, cable vaults and pull boxes shall be marked or embossed for use in
accordance with the Plans and following schedule:

System Type

Legend

Traffic Signal Interconnect (6pr)

COMM

Fiber Optic Trunk Lines

ITS

HUB to TC (25pr)

ITS

Fiber Optic Laterals to CC

ITS

TC to DS (6pr)

ITS

TC to HAR (6pr) SC&DI

ITS

TC to CC (6pr)

ITS

TC to VMS (6pr)

ITS

TC to WSTA (6pr)

ITS

All other lateral 6pr

(i.e. neon control, etc)

CC to camera

(coax, control cables, old style)

ITS

CC to camera (fiber, new style)

ITS

HAR to antenna (coax)

ITS

VMS to sign (control cables)

ITS

System Type

Legend

WSTA to temp sensor, weather

station

ITS

DS to loops (2cs)

ITS

DS to ramp meter (5c)

ITS

Flashing Beacons

ITS

Neon Power

ITS

Transformers to Cabinets

ITS

Service to Transformers

All power for lighting

Signal Controller to Displays

Signal Controller to Loops

Signal Controller to emergency

preempt

Telephone Service Drop

TEL

Telephones at Flyer Stops, Park and

Rides, etc.

TEL

9-29.2(5) Testing Requirements

The Contractor shall provide for testing of junction boxes, cable vaults and pull boxes.
Junction boxes, cable vaults and pull boxes shall be tested by an independent materials
testing facility, and a test report issued documenting the results of the tests performed.

For each junction box, vault and pull box type, the independent testing laboratory shall
meet the requirements of AASHTO R 18 for Qualified Tester and Verified Test Equipment.
The test shall be conducted in the presence of a Professional Engineer, licensed under
Title 18 RCW, State of Washington, in the branch of Civil or Structural, and each
test sheet shall have the Professional Engineer’s original signature, date of signature,
original seal, and registration number. One copy of the test report shall be furnished to

Page 9-198

Illumination, Signal, Electrical

the Contracting Agency certifying that the box and cover meet or exceed the loading
requirements for that box type, and shall include the following information:
1.  Product identification.
2.  Date of testing.
3.  Description of testing apparatus and procedure.
4.  All load deflection and failure data.
5.  Weight of box and cover tested.
6.  Upon completion of the required test(s) the box shall be loaded to failure or to the

maximum load possible on the testing machine (70,000 pounds minimum).

7. A brief description of type and location of failure or statement that the testing

machine reached maximum load without failure of the box.

9-29.2(5)A

Standard Duty Boxes and Vaults

Standard Duty Concrete Junction Boxes, Cable Vaults, and Pull Boxes shall be load
tested to 22,500 pounds. The test load shall be applied uniformly through a 10 by 10 by
1-inch steel plate centered on the lid. The test load shall be applied and released ten
times, and the deflection at the test load and released state shall be recorded for each
interval. At each interval the junction box shall be inspected for lid deformation, failure
of the lid/frame welds, vertical and horizontal displacement of the lid/frame, cracks, and
concrete spalling.

Concrete junction boxes will be considered to have withstood the test if none of the
following conditions are exhibited:
1.  Permanent deformation of the lid or any impairment to the function of the lid.
2.  Vertical or horizontal displacement of the lid frame.
3.  Cracks wider than 0.012 inches that extend 12 inches or more.
4.  Fracture or cracks passing through the entire thickness of the concrete.
5.  Spalling of the concrete.

9-29.2(5)B

Retrofit Security Lids for Standard Duty Concrete Junction Boxes

Security lids used to retrofit existing Standard Duty Concrete Junction Boxes shall be
tested as follows:
1. The security lid shall be installed on any appropriately sized box that is currently

approved on the Qualified Products List.

2. The security lid and box assembly shall be load tested in accordance with

Section

9-29.2(5)

A. After the ten load cycles but before loading to failure, the security lid

shall be fully opened and removed to verify operability.

Page 1-18

Bid Procedures and Conditions

on the form. Any Subcontractor or lower tier subcontractor whose contract exceeds
$100,000 shall disclose in the same manner as the Contractor, except that, Standard Form
LLL shall be submitted to the Contractor for processing to the Contracting Agency.

Audits will be conducted to ensure compliance with this section.

The Certification for Federal-Aid Contracts (WSDOT

Form 272-040

) may be reproduced

from the Proposal form. The disclosure form is available from the Washington State
Department of Transportation’s Contract Ad and Award Office, Transportation Building,
Olympia, WA 98504.

1-02.9

Delivery of Proposal

For projects scheduled for Bid opening in Olympia, the Proposal shall be sealed and
submitted in the envelope provided with it to the address provided below or shall be
submitted electronically via Trns∙Port Expedite

software and BidExpress

. The Bidder

shall fill in all blanks on this envelope to ensure proper handling and delivery. Bids are to
be received no later than until 11:00:59 A.M. Pacific time on the date of Bid opening:

Washington State Department of Transportation
Room 2D20
310 Maple Park Avenue SE
Olympia WA 98501-2361

For projects scheduled for Bid opening in other locations, the Proposal shall be sealed
and submitted in the envelope provided with it at the location and time identified in the
Special Provisions. The Bidder shall fill in all blanks on this envelope to ensure proper
handling and delivery.

Proposals that are received as required will be publicly opened and read as specified in

Section 1-02.12

. The Contracting Agency will not open or consider any Proposal when

the Proposal or Bid deposit is received after the time specified for receipt of Proposals
or received in a location other than that specified for receipt of Proposals unless an
emergency or unanticipated event interrupts normal work processes of the Contracting
Agency so that Proposals cannot be received.

If an emergency or unanticipated event interrupts normal work processes of the
Contracting Agency so that Proposals cannot be received at the office designated
for receipt of bids as specified in

Section 1-02.12

the time specified for receipt of

the Proposal will be deemed to be extended to the same time of day specified in the
solicitation on the first work day on which the normal work processes of the Contracting
Agency resume.

When a Bid deposit is furnished in a physical format as specified in

Section 1-02.7

the Bid

deposit shall be submitted in a sealed envelope marked as “BID SUPPLEMENT” and with
the Bidder’s company name, project title, and Bid date.

Bid Procedures and Conditions

1-02

1-02.10

Withdrawing, Revising, or Supplementing Proposal

After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may
withdraw, revise, or supplement it if:
1. The Bidder submits a written request signed by an authorized person, and
2. The Contracting Agency receives the request before the time set for receipt of

Proposals.

The original physical Bid Proposal may be supplemented, or revised and resubmitted
as the official Bid Proposal if the Contracting Agency receives it before the time set
for receipt of Proposals. Faxed Bid revisions and supplements will be accepted only if
they are submitted in accordance with the “Example Format for Facsimile Bid Changes”
instructions posted on the WSDOT website at

www.wsdot.wa.gov/biz/contaa/bulletin

Unless specifically allowed in the Contract, emailed requests to withdraw, revise, or
supplement a Proposal are not acceptable. The Contracting Agency is not responsible
fordelayed, partial, failed, illegible, or partially legible FAX document transmissions, and
such documents may be rejected as incomplete at the Bidder’s risk.

The Contracting Agency will not accept requests to revise or withdraw electronic Bid
Proposals. Such requests shall be furnished directly to BidExpress® and in accordance
with their terms and conditions.

1-02.11

Combination and Multiple Proposals

A project may be organized for Bidding and construction by various methods to enable
proposals to be submitted for combined projects or for the construction method
specified. The Contracting Agency reserves the right to Award combined or separate
Bids or by such other method deemed most advantageous to the Contracting Agency.
Only those combined Bids specifically prescribed in the project Special Provisions will be
accepted. If contracts are Awarded for combinations of projects, separate contracts will
be written for each project included in the combination.

A Bidder submitting more than one Proposal at a letting may attach one of the following
statements to each Proposal:

“We prefer to be Awarded not more than (Number) Contracts for projects for which we
have submitted Bids at this letting;” or

“We prefer to be Awarded Contracts of a total value of not more than $____ for projects
for which we have submitted Bids at this letting”.

Such attachments will not make the Proposals irregular. The Contracting Agency will
Award each Contract to the lowest responsible Bidder but will consider such attachment
in determining the responsibility of the Bidder to perform each Contract for which a
statement has been attached.

Page 1-20

Bid Procedures and Conditions

1-02.12

Public Opening of Proposals

Proposals will be opened and publicly read at the time indicated in the call for Bids unless
the Bid opening has been delayed or canceled. Bidders, their authorized agents, and other
interested parties are invited to be present.

If an emergency or unanticipated event interrupts normal work processes of the
Contracting Agency so that Proposals cannot be opened at the time indicated in the call
for Bids the time specified for opening of Proposals will be deemed to be extended to
the same time of day on the first work day on which the normal work processes of the
Contracting Agency resume.

1-02.13

Irregular Proposals

1. A Proposal will be considered irregular and may be rejected if:

a. The Bidder is not prequalified;
b. The Bidder adds provisions reserving the right to reject or accept the Award, or

enter into the Contract;

c.  A price per unit cannot be determined from the Bid Proposal;
d.  The Proposal form is not properly executed;
e.  The Bidder fails to submit or properly complete a Subcontractor list, if

applicable, as required in

Section 1-02.6

;

The Bidder fails to submit or properly complete an Underutilized Disadvantaged
Business Enterprise Utilization Certification, if applicable, as required in

Section 1-02.6

;

g. The Bidder fails to submit written confirmation from each UDBE firm listed

on the Bidder’s completed Underutilized Disadvantaged Business Enterprise
Utilization Certification that they are in agreement with the Bidder’s UDBE
participation commitment, if applicable, as required in

Section 1-02.6

, or if the

written confirmation that is submitted fails to meet the requirements of the
Special Provisions;

h. The Bidder fails to submit Underutilized Disadvantaged Business Enterprise

Good Faith Effort documentation, if applicable, as required in

Section 1-02.6

or if the documentation that is submitted fails to demonstrate that a Good
Faith Effort to meet the Condition of Award was made;

The Bidder fails to submit a UDBE Bid Item Breakdown form, if applicable, as
required in Section 1-02.6, or if the documentation that is submitted fails to
meet the requirements of the Special Provisions;

The Bidder fails to submit UDBE Trucking Credit Forms, if applicable, as
required in Section 1-02.6, or if the documentation that is submitted fails to
meet the requirements of the Special Provisions; or

k. The Bid Proposal does not constitute a definite and unqualified offer to meet

the material terms of the Bid invitation.

Bid Procedures and Conditions

1-02

2. A Proposal may be considered irregular and may be rejected if:

a. The Proposal does not include a unit price for every Bid item;
b. Any of the unit prices are excessively unbalanced (either above or

below the amount of a reasonable Bid) to the potential detriment of the
Contracting Agency;

c. The authorized Proposal Form furnished by the Contracting Agency is not used

or is altered;

d. The completed Proposal form contains any unauthorized additions, deletions,

alternate Bids, or conditions;

e. Receipt of Addenda is not acknowledged;
f.

A member of a joint venture or partnership and the joint venture or partnership
submit Proposals for the same project (in such an instance, both Bids may
be rejected); or

g. If Proposal form entries are not made in ink.

1-02.14

Disqualification of Bidders

A Bidder may be deemed not responsible and the Proposal rejected if:
1. More than one Proposal is submitted for the same project from a Bidder under

the same or different names;

2. Evidence of collusion exists with any other Bidder. Participants in collusion will

be restricted from submitting further Bids;

3. A Bidder is not prequalified for the Work or to the full extent of the Bid;
4. An unsatisfactory performance record exists based on past or current Contracting

Agency Work;

5. There is uncompleted work (Contracting Agency or otherwise) which might hinder

or prevent the prompt completion of the Work Bid upon;

6. The Bidder failed to settle bills for labor or materials on past or current Contracts;
7. The Bidder has failed to complete a written public contract or has been convicted

of a crime arising from a previous public contract;

8.  The Bidder is unable, financially or otherwise, to perform the Work;
9.  A Bidder is not authorized to do business in the state of Washington; or
10.  There are any other reasons deemed proper by the Contracting Agency.

Standard Specifications for Road, Bridge, and Municipal Construction 2020 (M 41-10) - page 15