01_26-1707-KS Division 00 Bidding and Contract Requirements (1).pdf

Invitation to Bid

26-1707-KS

PWC – 2026 Capital Improvement

101st Ave. NE / 28th St. NE Water Main Replacement Project

PWC – 2026 Capital Improvement Invitation to Bid No. 26-1707-KS 101st Ave. NE / 28th St. NE Water Main Replacement Project Division 00

Public Utility District No. 1 00 01 10 of Snohomish County Page 1 of 1 Everett, Washington 98206

SECTION 00 01 10

PART 1 - TABLE OF CONTENTS

DIVISION 00 - BIDDING AND CONTRACT REQUIREMENTS

00 01 10 TABLE OF CONTENTS

00 01 15 LIST OF DRAWINGS

00 11 13 NOTICE TO BIDDERS

00 21 13 INSTRUCTIONS TO BIDDERS

00 41 00 BID BOND

00 41 13 BID FORM

00 45 13 CONTRACTOR’S QUALIFICATION STATEMENT

00 52 00 AGREEMENT

00 61 13 PERFORMANCE AND PAYMENT BONDS

00 72 00 GENERAL CONDITIONS

EXHIBITS FOR GENERAL CONDITIONS

00 73 16 INSURANCE REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS SPECIFICATION

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

101st Ave. NE / 28th St. NE Water Main Replacement Project Division 00

Public Utility District No. 1 00 01 15

Everett, Washington 98206

SECTION 00 01 15

PART 1 - LIST OF DRAWINGS

1.01 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.02 LIST OF DRAWINGS – PROJECT WIDE

WE-1024

Sheet 1 Cover Sheet Sheet 2 Legend, Symbols, Notes and Trench Details Sheet 3 TESC Details and Notes Sheet 4 Surveyor Data and Sheet Layout Sheet 5 Water Plan STA 0+00 To STA 4+67 Sheet 6 Water Plan STA 4+67 To STA 7+14 & STA 22+33 TO STA 25+50 Sheet 7 Water Plan STA 15+00 To STA 22+33 Sheet 8 Water Plan STA 10+00 To STA 15+00

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

END OF SECTION

101st Ave. NE / 28th St. NE Water Main Replacement Project Division 00

Public Utility District No. 1 00 11 13

Everett, Washington 98206

SECTION 00 11 13

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that the Board of Commissioners of Public Utility District No. 1 of Snohomish County (the “District”) will receive and open electronic bids for the following work:

Invitation to Bid No. 26-1707-KS

PWC – 2026 Capital Improvement 101st Ave. NE / 28th St. NE Water Main Replacement Project

Bids must be submitted utilizing the PublicPurchase.com website by or before Thursday, October 1, 2026, at 2:00 p.m. Local Time Zone (Bid Time). Bids received after the Bid Time will not be considered. The Bids will be opened at a public teleconference immediately after the Bid Time and all bids will be read aloud. Each bid shall be accompanied by Bid Security in the amount of five percent (5%) of the total amount Bid, excluding state and local sales tax.

Work Description and Site: Provide all labor, equipment, tools, material and incidentals necessary for the installation of approximately 2,100 linear feet of eight-inch ductile iron (DI) water main and associated fittings, three new fire hydrant assemblies and appurtenances. The project also includes installation of 40 water services, asphalt trench patching, asphalt restoration overlay, driveway removal and in-kind restoration, roadway striping, erosion control and landscape/surface restoration. The primary purpose of the proposed project is to replace aging water system infrastructure. Construction shall be performed while maintaining service to the existing water system.

The location of the work is on 101st Ave. NE and 28th St. NE near the City of Lake Stevens, in Snohomish County, Washington.

Information regarding pre-bid meetings, which may be mandatory, and site tours can be found in 00 21 13 Instruction to Bidders, Section 1.1.2.

For additional information pertaining to this Invitation to Bid please visit www.snopud.com, select “How Do I…” and select “Browse Contract Bids”, select this ITB Number to download Bidding Documents, be listed on or obtain the Planholder list. Questions about this solicitation shall be addressed to the contracts contact identified on the site for this Invitation to Bid, for other questions or communications see, 00 21 13 Instruction to Bidders, Section 1.9.

The District intends to award a Contract on Tuesday, October 20, 2026, subject to change pursuant to the provisions of contained in the Bidding Documents for this Invitation to Bid.

The District encourages qualified, Washington State certified Minority and Women’s Business Enterprises to request these Bidding Documents and to bid on this work.

PUBLIC UTILITY DISTRICT NO. 1

OF SNOHOMISH COUNTY

BOARD OF COMMISSIONERS

by JOHN A. HAARLOW

CEO/GENERAL MANAGER

DATE: September 4, 2026 PUBLISHED: September 10, 2026 http://www.snopud.com/

101st Ave. NE / 28th St. NE Water Main Replacement Project Division 00

Public Utility District No. 1 00 21 13 of Snohomish County Page 1 of 18 Everett, Washington 98206

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

1.1 INVITATION TO BID

1.1.1 Invitation and Bid Listing: Bids are hereby invited for the work recited in the Notice to

Bidders attached hereto. Such work is covered by the Bidding Documents including the attached plans and specifications, which are available on the Public Purchase website listing for the ITB number associated with this Invitation to Bid, containing the Bidding Documents, bid results, Addenda, Planholder list, Intent to Award, Notice of Recommendation to Reject All and other District documents and communication pertaining to this ITB (“Bid Listing”). The Bid Listing is also where to go to be listed on or obtain the Planholder list and to obtain all other updates on the Invitation to Bid from advertisement through award of a Contract or termination of the ITB.

1.1.2 Pre-Bid Conference: Pre-bid meetings have not been scheduled for this ITB.

1.1.3 Bid Opening and Award: The District intends to open bids and award a Contract on the dates identified in this ITB, however the District reserves the right to change the scheduled dates at its discretion, including but not limited to in response to emerging health, weather or other situations.

1.2 BID SUBMISSION: Bids must be submitted electronically for this Invitation to Bid via the Bid Listing. Bids must be submitted electronically no later than the Bid Time identified in the Notice to Bidders. Bids received by the District after the Bid Time will not be considered. The Bidder assumes full responsibility for timely electronic delivery of the Bid. No paper or in-person bids will be accepted.

1.3 BID OPENING AND POSTING OF RESULTS: Bids will be opened immediately after the Bid Time (as may be modified by an addendum) during a public teleconference. To call into this bid opening, please dial (206) 397-0076 and use Conference ID No. 463156066#. Bid results will be posted to the Bid Listing following the bid opening. A tabulation of the Base Bids and Alternate Bid Price(s), if any, may be prepared and made available to the public via the Bid Listing.

A photocopy of your Bid Bond must be included in your electronic bid submission on Public Purchase. Following bid opening, Bidders shall submit an original Bid Bond or other Bid Security as required in the Instructions to Bidders, Section 1.7. Original bonds shall be mailed to:

Snohomish County PUD #1 Contracts & Purchasing, Mail Stop A2, PO BOX 1107, Everett, WA 98206-1107.

1.4 CONTRACT AWARD: The District intends, but is not obligated, to award a Contract on the date Identified in the Notice to Bidders to the responsible Bidder with the lowest responsive Bid, provided the Bid does not exceed the estimated cost by 15% in accordance with RCW 54.04.080.

The date is subject to change by the District. The recommendation, if any, shall be posted on the Bid Listing five business days before the award date. It is the bidder’s responsibility to obtain this information. Any person desiring to protest the bid process, determination a Bidder does not meet the Responsibility Criteria, or award shall follow the bid protest procedures and timelines found on the District’s website on the Contract Bids web page.

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1.5 FILLING IN THE BID FORM

1.5.1 Form and Style of Bids:

1.5.1.1 Form. Bids shall be submitted using only the Bid Form included with the Bidding Documents, and shall be accompanied by such other surety, bonds and other documentation as required by the Bidding Documents.

1.5.1.2 Complete. Bidder shall fill in all fields on the Bid Form unless the form specifically indicates a field is optional. Failure to do so may result in the proposal being rejected as not responsive.

1.5.1.3 No Additions or Modifications: The Bidder shall not add additional fields, information, or prices to the Bid Form nor modify the Bid Form in any other manner.

1.5.2 Pricing: Pricing may be requested in one or more formats:

1.5.2.1 Base Bid Price. The Bidder must submit prices for each Bid Item comprising the Base Bid Price. The Bid Form may contain a breakdown of some or all of the components included in the Base Bid into separate Bid Items. This is done for the District’s purposes and is not a limitation on how the Bidder chooses to divide up or perform the Work.

1.5.2.2 Pricing for Alternates and Options

1.5.2.2.1 The submission of Alternate Bid Price(s) or Optional Bid Price(s) may be optional or mandatory depending on what is specified in the Bidding Documents. The Bidding Documents will state if Alternate Bid Price(s) or Optional Bid Price(s) are mandatory and must be submitted for the Bid to be responsive, or if the Alternate Bid Price(s) or Optional Bid Price(s) are optional and their submission is discretionary.

1.5.2.2.2 If selecting an Alternate or Option would not result in a change in the Base Bid it is recommended, but not required, that the Bidder enter “$0” or “No Change” on the line where the Alternate Bid Price or Optional Bid Price would be entered. If there is no entry (the field is blank), the Bidder will be presumed to have made no offer to accomplish the Alternate or Option.

1.5.2.2.3 The District retains the right to accept Alternate Bid items and Optional Bid Items at the price offered within forty-five (45) days after the Agreement is executed or any later time upon agreement of the District and Contractor.

1.5.2.2.4 The District shall have the right to accept Alternates and Options in any order or combination, unless otherwise specifically provided in the Contract or Bidding Documents.

1.5.2.2.5 The District reserves the right to award a Contract on the Base Bid Price or any combination of Base Bid Price, Optional and/or

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Alternate Bid Price(s) as specified in the Bidding Documents in the District’s sole discretion.

1.5.2.3 Unit Prices. If Unit Prices are included in the Bid Form quantities are estimates only, not guarantees of amounts to be utilized for the Work. The District reserves the right to reject a Unit Price at any time, without impairing other proposed unit prices.

1.5.2.4 Trench Excavation Safety Provisions. To ensure that the Bidder complies with relevant trenching safety requirements of RCW 39.04.180 and chapter

49.17 RCW, the Bid Form will include a separate line for the cost of any required trenching. The Bidder shall enter in the blank provided on the Bid Form the dollar amount the Bidder has included in its Bid for any work requiring trenching that will exceed a depth of four (4) feet. If trench excavation safety provisions do not pertain to the Project, the Bidder should enter “N.A.” or “Not Applicable” in the blank on the Bid Form. If the Bid Form requires a minimum bid amount for any required trenching the Bidder shall bid an amount greater than or equal to the minimum amount stated.

1.5.2.5 Base Bid Amount Does Not Include Sales Tax and Applicable TERO Fees. The Bid shall include in the sum stated all taxes imposed by law, including applicable treaties, but EXCLUDING WASHINGTON STATE AND LOCAL SALES TAX applied to the Contract Price, and if applicable Tribal Employment Rights Office (TERO) fees unless such taxes or fees are required by the Bid Form to be included in the Bid. When excluded from the Bid, the District shall calculate applicable sales tax and any applicable TERO fees and add it to the Bid Amount when determining the Contract Amount, if a Contract is awarded. Sales tax and any applicable TERO fees will be calculated separately and paid based on progress payments on account of the Contract Price.

1.5.2.6 District Contingency Allowance: An amount for the District contingency allowance may be included on the Bid Form or in the final Contract Price. The Bidder should not rely on the District’s contingency allowance being used or the money being released to the Bidder, nor shall the Bidder under-bid the Work with the expectation that the shortfall can be compensated for with the District’s contingency allowance.

1.5.3 No Conditions. The Bidder shall make no conditions, exceptions or stipulations on the Bid Form nor qualify its Bid in any other manner. The District in its sole discretion will determine whether such an entry is or is not a condition, exception or stipulation and whether it may be waived as an immaterial irregularity or constitutes a material deviation that makes the Bid non-responsive.

1.5.4 Identity of Bidder.

1.5.4.1 Single Legal Entity: The Bidder shall include in the specified location on the Bid Form the legal name of the Bidder and, other information as requested.

The Bid shall be signed by the person or persons legally authorized to bind the Bidder to a contract.

1.5.4.2 Joint Venture: Should a joint venture wish to bid on the project, the joint venture as the Bidder shall complete the enclosed Individual Project

101st Ave. NE / 28th St. NE Water Main Replacement Project Division 00 of Snohomish County Page 4 of 18 Everett, Washington 98206

Statement of Joint Venture form to submit with their bid. Should a joint venture submit a bid without completion of an Individual Project Statement of Joint Venture form their Bid will be considered non-responsive.

1.6 NAMING OF SUBCONTRACTORS: The Bidder shall fully comply with state law provisions that require the identification of subcontractors. See the Section 3 to this Instruction to Bidders for instruction for utilizing subcontractors to perform work as a part of the Bid.

1.7 BID SECURITY

1.7.1 Purpose and Procedure. Each Bid shall be accompanied by a Bid Security payable to the District equal to five percent (5%) of the Total Bid Price (the “Bid Security”). The Bid Security constitutes a pledge by the Bidder to the District that the Bidder will enter into the Contract with the District in the form provided, in a timely manner, and on the terms stated in its Bid, and will furnish in a timely manner the payment and performance bonds, insurance certificates and endorsements, Contractor’s construction schedule, and all other documents required by the Invitation to Bid. By submitting a Bid, each Bidder represents and agrees that the Bid Security, if forfeited, is a reasonable prediction at the Bid Time of future damages to the District. No Bid will be considered unless accompanied by such check or bid bond.

1.7.2 Form. The Bid Security shall be made payable to “Public Utility District No. 1 of Snohomish County” in the form of: a) a certified check payable to the District; or b) a bank cashier’s check payable to “Public Utility District #1 of Snohomish County”; or c) a Bid Bond substantially similar to the example contained in Section 00 41 00 issued by a corporate surety licensed and authorized to do business in the State of Washington and reasonably acceptable to the District. Unless otherwise agreed, the Bid Bond shall be obtained from and maintained with companies rated A minus or better by Best's Key Rating Guide and a financial rating of no less than “VIII.” Use of the form in Section 00 41 00 is recommended but not required if the bond provides substantially similar protections to the District as determined solely by the District.

1.7.3 Retaining Bid Security. The District will retain the Bid Security of Bidders to whom an Award may be under consideration until the earliest of: (a) execution of the Contract and receipt of required payment and performance bonds, (b) lapse of the specified Bid withdrawal time, (c) rejection of all Bids, or (d) expiration of the Bid acceptance period and any agreed upon extensions of the bid acceptance period.

1.7.4 Return of Bid Security. The District will return any certified checks or bank cashier’s checks submitted as bid security to Bidders whose Bids will not be further considered in Awarding the Contract pursuant to RCW 54.04.080 and will release or return Bid Bonds upon request. Bid security from the three (3) apparent lowest Bidders will be held until the Contract has been finally executed, after which the bid securities that were not forfeited will be returned.

1.8 MODIFICATION OR WITHDRAWAL OF BID/MISTAKE

1.8.1 Before Bid Time. Prior to the Bid Time, any Bid submitted may be withdrawn as allowed by Public Purchase website functionality available through the Bid Listing.

1.8.2 Resubmittal. Withdrawn Bids may be resubmitted up to the Bid Time, provided that they are then fully in conformance with these Instructions to Bidders.

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1.8.3 After Bid Time. By virtue of submitting a Bid, each Bidder agrees that its Bid may not be modified, withdrawn or canceled by the Bidder during the sixty (60) day period following the Bid Time. If the award of Contract is delayed for a period exceeding sixty (60) calendar days the Bidder(s) and the District may agree to extend the bid(s) or either the District or the Bidder(s) may allow the bid(s) to expire.

1.8.4 Bidding Mistakes. The District will not be obligated to consider notice of claimed Bid mistakes received more than three (3) business days after the Bid Time. A low Bidder that claims error and fails to enter into the Contract is prohibited from bidding on the Work if a subsequent call for Bids is made for the Work.

1.9 COMMUNICATIONS: QUESTIONS, COMMENTS, CHANGES, LEGAL NOTICES

1.9.1 Contacts for Questions Comments or Changes. Questions, comments, changes, omissions, discrepancies, requests for interpretation or other matters pertaining to the Bidding Document contents or Work shall be submitted to the District’s designated contract representative (for questions regarding Bidding Documents or Invitation to Bid) or technical representative for technical questions related to the Work. The name and contact information for District’s designated contract representative is located on the Bid Listing, the contact information for the technical representative (if there is one for this Invitation to Bid) can be found in the Bidding Documents. After Bid submittal and prior to contract execution communications shall only be addressed to the contracts contact.

Communications with any other District personnel or representative about this Invitation to Bid may result in the Bidder being disqualified.

1.9.2 Deadline for Questions, Comments or Changes Regarding Bidding Documents.

Questions, comments, changes or other matters pertaining to the Bidding Document contents or Work shall be submitted to the District’s designated representative in writing at least seven business days prior to the Bid Time by the deadline indicated on the Bid Listing for questions pertaining to this Invitation to Bid. Topics that should be raised before bids are submitted include but are not limited to:

1.9.2.1 Identification of all ambiguity, inconsistency, or error discovered when examining the Bidding Documents or the Work site and local conditions.

1.9.2.2 Submission of all objections to the specified products and installation procedures.

1.9.2.3 Requests for clarification or interpretation of the Bidding Documents.

1.9.2.4 Substitution Requests: in addition to meeting the above requirements substitution requests, if allowed, must be on the District’s substitution form. It is recommended that substitution requests be made as soon as possible to give the requestor time to obtain and complete the form and the District time to review the request. The materials, products, procedures and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance, and quality that must be met by any proposed substitution.

1.9.2.5 Modifications to the Responsibility Criteria shall be submitted to Bids@snopud.com at least seven business days prior to the Bid Time.

mailto:Bids@snopud.com

101st Ave. NE / 28th St. NE Water Main Replacement Project Division 00 of Snohomish County Page 6 of 18 Everett, Washington 98206

1.9.3 Answers to Submitted Questions, Comments, Changes or Other Matters. If the District’s designated contract or technical representative(s) for bidding can respond by pointing to a section of the Bidding Documents or the answer is publicly available information the District’s designated contract or technical representative may respond directly to the individual. Any interpretation, correction or change of the Bidding Documents will be made solely by written Addendum and no oral statements shall in any way modify the Bidding Documents whether made before or after the letting of the Contract unless authorized in the General Conditions. Interpretations, corrections or changes of the Bidding Documents made in any other manner will not be binding, and no one shall rely upon such interpretations, corrections, or changes. The District is not responsible for explanations of, interpretations of or changes to the Bidding Documents not contained in a District issued Addenda for this Invitation to Bid.

1.9.4 Legal Notices. Any legal notice other than communications directed to the District pursuant to subparagraph 1.9.2 relating to this Invitation to Bid must be in writing, bear the signature of the person providing notification, and be received by the District by emailing the notice to Legalnotice@snopud.com. The District must actually receive the notice in the email in-box for notice to be effective.

1.9.5 Communications after Bid Opening. Once Bids are opened all questions regarding the bids, evaluation and award shall be directed to the contracts contact identified on the Bid Listing. Communications shall not be directed to the technical representative after Bids are opened.

1.10 ADDENDA

1.10.1 Distribution. All Addenda will be written. Addenda will be electronically communicated, and/or delivered via the Bid Listing. However, the District reserves the right to mail, email, fax or deliver addenda via other means if the Bid Listing is not available.

1.10.2 Copies. Copies of Addenda will be made available for inspection on the Bid Listing.

1.10.3 Verification and Acknowledgment of Receipt. Prior to submitting a Bid, each Bidder shall ascertain that it has received all Addenda issued via the Bid Listing and any other means utilized. If requested on the Bid Form, each Bidder shall acknowledge its receipt and consideration of all Addenda in its Bid in the appropriate location on the Bid Form.

1.11 BID EVALUATION

1.11.1 Bids will be evaluated to determine the lowest, responsive responsible bidder.

1.11.1.1 Determination of Low Bid. The District shall determine which bid is the low bid. The District reserves the right to award a Contract on the Base Bid Price or any combination of Base Bid Price, Bid Items, Optional and/or Alternate Bid Price(s), and calculation of Reciprocal Preference For Resident Contractors (see Section 1.21) as specified in the Bidding Documents in the District’s sole discretion.

1.11.1.1.1 With respect to each Bid Item, if the product of a unit price and the estimated quantity for that unit does not equal the extended amount bid for such estimated quantity, the unit price shall be the amount bid for the unit and the correct product of the unit price mailto:Legalnotice@snopud.com

101st Ave. NE / 28th St. NE Water Main Replacement Project Division 00 of Snohomish County Page 7 of 18 Everett, Washington 98206 and the estimated quantity shall be the correct extended amount bid.

1.11.1.1.2 If the sum of the correct extended amounts bid does not equal the Total Bid Price shown on the Bid Form, the correct sum of the correct extended amounts bid shall be deemed the total amount bid and if the Bid Security is in the form of a check the Bidder will submit an additional check of the same type for the difference or submit a modified check for the corrected amount.

1.11.1.2 Determination of Responsiveness. The District shall be the final authority with regard to whether a bid is responsive. The District has the right to waive any minor errors, informality or irregularity in any Bid(s) received and award the contract to the Bidder that, in the District’s judgment, is the lowest responsive and responsible Bidder. Any errors or irregularities so waived must be corrected on the bid on which they occur prior to the execution of any Contract which may be awarded thereon.

1.11.1.3 Determination of Responsibility. In order to be deemed a responsible Bidder the Bidder must demonstrate it is reasonably familiar with the class of work and has the necessary capital, tools and experience to satisfactorily perform the Work by demonstrating the Bidder meets the Responsibility Criteria listed in Section 00 45 13 Contractor’s Qualification Statement. The District in its sole discretion shall be the final authority regarding whether a bidder is a responsible bidder capable of performing the Work.

1.11.1.3.1 There are two types of Responsibility Criteria: Statutory Responsibility Criteria that are statutorily mandated and Supplemental Responsibility Criteria that are required by the District.

1.11.1.3.2 Failure of the Bidder to meet any of the Statutory Responsibility Criteria shall result in the Bidder being found to be not responsible. The failure of the Bidder to demonstrate it substantially meets any Supplemental Responsibility Criteria will result in a determination that the Bidder is not responsible unless the District in its sole discretion determines that the Bidder is capable of performing the project.

1.11.1.3.3 The Bidder understands the District has the right to request additional information, to conduct its own investigation for information or to allow a Bidder to correct any deficiencies in information demonstrating a Bidder is a Responsible Bidder.

1.11.1.3.4 Failure of a Subcontractor to meet the Responsibility Criteria may result in a determination the Bidder is not responsible or the District in its sole discretion may direct the Bidder to substitute a Subcontractor who meets the Responsibility Criteria.

1.11.1.3.5 Completion of the work within the time stated is essential and prior commitments of the Bidder, failure to complete other work on time, or reasonable doubt as to whether the Bidder would

101st Ave. NE / 28th St. NE Water Main Replacement Project Division 00 of Snohomish County Page 8 of 18 Everett, Washington 98206 complete the work on time, may be cause for rejection of the Bidder’s bid.

1.11.1.4 Additional Information and Investigation. The District reserves the right (but is not obligated) to consider additional information and to conduct investigations when determining the lowest responsive Bid and responsible Bidder, including but not limited to meeting with the Bidder to discuss the Bid or Bidder’s qualifications. Any elements or factors, whether or not specifically provided for in the Contract Documents including, but not limited to, the Bidder’s work safety record, which may affect the final cost to and the benefits to be derived by the District, may be considered by the District in determining the Bidder’s responsibility.

1.11.2 Submitting Qualifications Statement/Evaluation of Multiple Bidders. All other Bidders designated by the District as under consideration for Award of a Contract shall also provide a properly executed Section 00 45 13 Contractor’s Qualification Statement, with attachments if so requested by the District within the time period required by the District. Bidders should be prepared to provide Section 00 45 13 with supporting documentation attached within one working day of a request from the District. For complex projects with multiple disciplines the District in its sole discretion may allow additional time but is not required to do so.

1.11.3 Appeal of Determination/ Bid Protest:

1.11.3.1 Responsiveness determination: To appeal the District’s determination of the lowest responsive bidder the objecting party must follow the bid protest procedures found on the District’s Contract Bids website within the time frames specified in the protest procedures. Failure to comply with these protest procedures will render a protest waived. Timely and proper compliance with and exhaustion of these protest procedures shall be a condition precedent to any otherwise permissible judicial consideration of a protest.

1.11.3.2 Responsibility determination: If the District determines the Bidder and/or a Subcontractor of any tier proposed by the Bidder is deemed to not meet the responsibility criteria the District will provide the reasons for the determination(s). After the District’s determination of non-responsibility, the Bidder may do one of the following at its option: (a) withdraw the Bid, or (b) in the event of an objection to a Subcontractor, or determination of non-responsibility based on a Subcontractor submit an acceptable substitute Subcontractor with no change in the Contract Time and no adjustment in the Base Bid or any Alternate Bid, even if there is a cost to the Bidder occasioned by the substitution, or (c) appeal the determination the Bidder is not responsible.. The Bidder may appeal the determination the Bidder is not responsible within two (2) business days of its receipt of the determination resulting from the process in Section 1.11.1.3 by presenting additional information to the District, and the District will consider the additional information before making a final decision as required in RCW 39.04.350(3)(d). This process replaces the District’s Formal Bid Protest Procedures found on the District’s Bid website.

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1.12 DISTRICT'S RIGHT TO REJECT BIDS

1.12.1 Firm Offer. Each bid shall be deemed a firm offer continuing for sixty (60) calendar days after the date set for the opening of the bids.

1.12.2 Rejection of All Bids. The District has the right to reject all Bids for any reason or for no reason.

1.12.3 Rejection of Individual Bids. The District will notify the apparent low Bidder in writing if the District, after due investigation, determines that: 1) the Bid is non-responsive; and/or

2) the Bidder and/or a Subcontractor of any tier proposed by the Bidder is deemed to not meet the Responsibility Criteria. The District will provide the reasons for the determination(s) unless prohibited by law from doing so. After the District’s objection to a Subcontractor or determination of non-responsibility, the Bidder may do one of the following at its option, (1) withdraw the Bid, or (2) in the event of an objection to a Subcontractor, or determination of non-responsibility based on a Subcontractor submit an acceptable substitute Subcontractor with no change in the Contract Time and no adjustment in the Base Bid or any Alternate Bid, even if there is a cost to the Bidder occasioned by the substitution, or (3) protest the determination that the Bid is non-responsive, the Bidder is deemed not responsible or a Subcontractor is objected to by following the Bid Protest procedures found on the District’s Contracts Bid web page.

1.13 FORM OF AGREEMENT BETWEEN DISTRICT AND CONTRACTOR

1.13.1 Form to Be Used. The Contract for the Work will be written on the form(s) contained in the Bidding Documents.

1.13.2 Contract Delivery. The District will send the Bidder a Contract after the Commission approves award of the Contract and applicable protests are resolved. The Bidder shall submit an executed Contract to the District in the form tendered to the Bidder and without modification within ten (10) days of the Public Utility Commission award date, along with proof that the Bidder can provide the required Performance Bond within ten (10) days of receiving notice of award. Failure of the Bidder to return an executed Contract and proof that it can provide the required Performance Bond in the stated time shall result in the Bidder forfeiting its Bid Security to the District as liquidated damages, and not as a penalty.

THE DISTRICT MAY DECLINE TO ENTER INTO THE CONTRACT IF THE

REQUESTED EVIDENCE OF BONDABILITY IS NOT RECEIVED AND THE

CONTRACTOR’S BID BOND OR CHECK SUBMITTED WITH THE BID SHALL BE

FORFEITED TO THE DISTRICT.

1.14 PERFORMANCE SECURITY

1.14.1 Provide Bonds After Signing. Within ten (10) days after receiving notice of award, the Contractor shall deliver ONE ORIGINAL EACH of the Performance Bond and Payment Bonds substantially similar to the examples contained in Section 00 61 13 Performance and Payment Bonds issued by a corporate surety licensed and authorized to do business in the State of Washington and reasonably acceptable to the District. Unless otherwise agreed, the Performance and Payment Bonds shall be obtained from and maintained with companies rated A minus or better by Best's Key Rating Guide and a financial rating of no less than “VIII.” Use of the forms in Section 00 61 13 is recommended but not required if the bond provides substantially similar protections to the District as determined solely by the District. THE CONTRACTOR SHALL NOT PROCEED WITH THE WORK AND

SHALL NOT BE ENTITLED TO ANY PROGRESS PAYMENT UNTIL SUCH BONDS ARE

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RECEIVED. The Contractor shall be responsible for any delay in the Contract Time because of failure to submit acceptable bonds.

1.15 BIDDING DOCUMENTS

1.15.1 Authorized Use and Responsibility

1.15.1.1 Use Complete Sets. The Bidder shall use complete sets of Bidding Documents in preparing its Bid and is solely responsible for utilizing the Bid Listing to obtain updated Invitation to Bid information. The Bidder is solely responsible for selecting Subcontractors, materialmen and suppliers and for the familiarity of the same with the Bidding Documents. The District assumes no responsibility for errors or misinterpretations resulting from the use of incomplete and/or superseded sets of Bidding Documents by the Bidder, its Subcontractors, materialmen or suppliers or any other person or entity relied upon by the Bidder when bidding for the Work.

1.15.1.2 Authorized Use For Bidding. The District makes copies of the Bidding Documents available only for the purpose of obtaining Bids on the Work and does not confer a license or grant permission for any other use of the Bidding Documents or any portion thereof.

1.15.1.3 Public Purchase Registration: A complete set of Bidding Documents including all Addenda, and other communications from the District can be obtained by registering for free on the Public Purchase website and downloading the Bidding Documents from the Bid Listing. Individuals and entities have the option to be listed on the Planholder list to identify themselves to other contractors and subcontractors with the Bidding Documents. Regardless of whether an individual or entity chooses to be on the Planholder list, it is the responsibility of the individual or entity to ensure they are registered on Public Purchase and to confirm their contact information on Public Purchase is correct, to attend any mandatory pre-bid meetings or site tours and otherwise stay up to date on the ITB. By submitting a Bid in Public Purchase the Bidder represents that the Bid is based on a complete set of Bidding Documents.

1.15.2 Interpretation of Bidding Documents

1.15.2.1 Format. The Contract Documents may be divided into parts, divisions, and sections for convenient organization and reference. Generally, there has been no attempt to divide the Specifications sections into Work performed by the various building trades, any Work by separate contractors, or any Work required for separate facilities in or phases.

1.15.2.2 Singular References. Reference in the singular to an article, device, or piece of equipment shall include as many of such articles as are indicated in the Contract Documents or as are required to complete the Work.

1.15.2.3 Utilities and Runs. The Bidder should assume that the exact locations of any underground or hidden utilities, underground fuel tanks, and any plumbing and electrical runs may be somewhat different from any location indicated in the surveys or Contract Documents.

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1.16 CONTRACTOR'S STATUS

It is understood and mutually agreed upon between the Contractor and the District that the Contractor shall perform the work pursuant to these Contract Documents as an independent contractor and not as an agent or employee of the District.

1.17 BIDDER’S REPRESENTATIONS

By submitting a Bid, each Bidder represents that:

1.17.1 Basis and No Exceptions. The Bidder’s Bid is based upon the labor, materials, systems, services, equipment, incidentals and all other costs and expenses required by the Bidding Documents to complete the Work and does not contain any exceptions.

1.17.2 Pre-Bid Meeting. The Bidder has attended pre-Bid meeting(s) designated as being mandatory in the Bidding Documents.

1.17.3 Possible Self-Performed Work Requirement. If the Contractor is required by the Bidding Documents to perform work with its own personnel, the Bidder will perform with its own personnel the percentage of the Work specified or a greater percentage.

1.17.4 License Requirements. The Bidder represents that the Bidder and its Subcontractors, regardless of tier, shall be registered and shall hold such licenses as may be required by the laws of Washington, including but not limited to a certificate of registration in compliance with chapter 18.27 RCW, for the performance of the Work specified in the Contract Documents.

1.17.5 Products and Installation. The submittal of a Bid constitutes acceptance of products and procedures specified as sufficient, adequate, and satisfactory for completion of the Contract.

1.17.6 Bidding Documents. The Bidder has checked its copies of the Bidding Documents and any related project materials, if any, to ensure that the Bidding Documents and any related project materials are complete.

1.17.7 Notification of Disagreement With Waiver of Immunity. The Bidder notified the District in writing at least ten (10) days prior to the date for the receipt of Bids if Bidder disagreed with the following waiver of immunity. Otherwise, the Bidder will be deemed to have negotiated and waived this immunity if the Bidder is awarded the Contract.

Waiver of Immunity: In claims against any person or entity indemnified under Division 00 72 00 General Conditions, Section 18.2 by an employee of the Contractor, a Subcontractor of any tier, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Division 00 72 00 General Conditions, Section 18.2 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor of any tier under workers’ compensation acts, disability benefit acts or other employee benefit acts. After mutual negotiation of the parties, the Contractor waives immunity as to the Indemnified Parties under Title 51 RCW, "Industrial Insurance." IF THE

CONTRACTOR DOES NOT AGREE WITH THIS WAIVER, IT MUST PROVIDE A

WRITTEN NOTICE TO THE DISTRICT AT LEAST TEN (10) DAYS PRIOR TO THE

DATE FOR THE RECEIPT OF BIDS, OR THE CONTRACTOR WILL BE DEEMED TO

HAVE NEGOTIATED AND WAIVED THIS IMMUNITY.

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1.17.8 Qualifications: No later than ten (10) days prior to the Bid Date, a potential Bidder may request in writing that the District modify the Work Specific (Supplemental) Responsibility Criteria found in Section 00 45 13. The District will evaluate the information submitted by the potential Bidder and respond before the Bid Date. If the evaluation results in a change of the criteria, the District will issue an Addendum identifying the new criteria. By submitting a Bid the Bidder represents that it has reviewed the Supplemental Responsibility Criteria, has raised any objections to the Supplemental Responsibility Criteria at least ten (10) days prior to the Bid Date and that the CONTRACTOR has the necessary experience and expertise in the work contemplated.

1.17.9 Health and Safety Compliance: The Bidder, its subcontractors, suppliers and other person(s) on the Site connected with the same will comply with the District’s current health and safety requirements as they are at the time of submitting the Bid and as they may be updated in the future during the course of performing the Contract if one is awarded to the Bidder.

1.18 EXAMINATION OF CONDITIONS

1.18.1 Bidders shall satisfy themselves as to the conditions of the Work by personal examination of the plans, specifications and site of the proposed work, and by other examination and investigation which they may wish to make as to the nature of the project and any difficulties which may be encountered. The Bidder has carefully examined and understands the Bidding Documents, the Contract Documents (including without limitation any liquidated damages and insurance provisions), and the Work site, including any existing buildings and/or structures, and it has satisfied itself as to the nature, location, character, quality and quantity of the Work, the labor, materials, equipment, goods, supplies, work, services and other items to be furnished, and all other requirements of the Contract Documents. The Bidder has also satisfied itself as to the conditions and other matters that may be encountered at the Work site or affect performance of the Work or the cost or difficulty thereof, including but not limited to those conditions and matters affecting transportation, access, disposal, handling and storage of materials, equipment and other items; availability and quality of labor, water, electric power and utilities;

availability and condition of roads; climatic conditions and seasons; physical conditions at the Project site and the surrounding locality; topography and ground surface conditions;

and equipment and facilities needed before and at all times during the performance of the Work. Bidders will be required to comply with security regulations imposed by the District including any necessary site clearances for viewing the project site, attending pre-bid conferences or submitting a bid. Access to the project site will be limited to specific times established by the District.

1.18.2 Filing of a bid shall constitutes affirmation by the bidder that the bidder has complied with the following:

1.18.2.1 Carefully examined the Contract Documents;

1.18.2.2 Visited the site of the Work and examined the site and any buildings or structures which may be involved in the performance of the Work; and

1.18.2.3 Included in the Bid a sum sufficient to cover all items required by the Contract Documents and all conditions, matters, and contingencies which could affect the Work or the cost of performing the Work.

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1.18.3 The failure or omission of a Bidder to receive or examine any site condition, form, instrument, addendum, or other documents shall in no way relieve such bidder from any obligation with respect to its performance of the Work. The District shall not be responsible for claims or damages caused by conditions, matters, and contingencies that could reasonably have been determined by inspecting the Work site and examining the Bidding Documents.

1.19 ENVIRONMENTAL PROVISIONS

1.19.1 Environmental Provisions Compilation: As required by law, the District has compiled requirements regarding the prevention of environmental pollution and the preservation of public natural resources. These requirements are included in a volume entitled "Environmental Provisions" that is on file with the Board of Commissioners and that, if applicable to the Work, is incorporated into the Contract Documents by this reference.

This compilation is not exhaustive but is intended to be an aid to the Bidder; it shall be the duty of the Bidder to become familiar with and comply with all applicable environmental laws.

1.20 RECIPROCAL PREFERENCE FOR RESIDENT CONTRACTORS

1.20.1 Law. In accordance with RCW 39.04.380 any public works bid received from a nonresident contractor from a state that provides an in-state percentage bidding preference will be assessed a comparable percentage disadvantage, as more fully described herein. The calculation must be applied to the bid of that nonresident contractor.

1.20.1.1 A nonresident contractor from a state that provides a percentage bid preference means a contractor that:

i. is from a state that provides a percentage bid preference to its resident contractors bidding on public works contracts; and

ii. at the time of bidding on a public works project, does not have a physical office located in Washington.

1.20.1.2 The state of residence for a nonresident contractor is the state in which the contractor was incorporated or, if not a corporation, the state where the contractor's business entity was formed.

1.20.1.3 All nonresident contractors will be evaluated for out of state bidder preference. If the state of the nonresident contractor provides an in-state contractor preference, a comparable percentage disadvantage will be applied to their bid prior to contract award.

1.20.1.4 This section does not apply to public works procured pursuant to RCW 39.04.155, 39.04.280, or any other procurement exempt from competitive bidding.

1.20.2 Application. For a public works bid received from a nonresident contractor from a state that provides an in-state percentage bidding preference, a Comparable Percentage Disadvantage (CPD) will be applied to the bid of that nonresident contractor. The CPD is the in-state contractor percent advantage provided by the contractor’s home state.

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1.20.3 Calculation. For the purpose of determining the successful bidder, the nonresident contractor bid amount shall be multiplied by the CPD. The “bid amount” shall be the total of the Base Bid Price and all accepted Optional and Alternate Bid Items. The CPD shall be added to the nonresident contractor bid amount that equates to the Nonresident Disadvantage Total. The Nonresident Disadvantage Total shall be compared to the Washington contractor bid amounts. The bidder with the lowest total shall be the successful bidder. See example below:

EXAMPLE: Alaska Nonresident Contractor Bid Amount $ 100,000

Multiplied by the Alaska CPD x 0.05

Alaska CPD Total $ 5,000

Alaska Nonresident Contractor Bid Amount $ 100,000

Alaska CPD Total $ 5,000

Nonresident Disadvantage Total $ 105,000*

* Note – If the Nonresident Disadvantage Total is lower than all other Washington contractor bid amounts, the Alaska Nonresident contractor is the successful bidder and will be awarded a contract for the bid amount of $100,000. If the Nonresident Disadvantage Total is higher than a Washington contractor bid amount, the successful Washington bidder will be awarded a contract for the bid amount.

1.21 MINIMUM LEVELS OF APPRENTICE PARTICIPATION: In accordance with RCW 39.04.320, the DISTRICT has established an Apprentice Utilization Requirement for this Contract. The Apprentice Utilization Requirements can be found in the following Sections: Apprentice Utilization Requirement percentage, incentive and penalty can be found in 00 52 00 Agreement; the Apprentice Participation Requirements are found in 00 72 50, the Apprentice Utilization Plan Instructions are found in 00 72 55; instructions for incorporating the cost for meeting the AUR in 00 41 13 Bid Form and qualifications requirements for Bidders are located in 00 45 13 Contractor’s Qualification Statement.

2.1 BIDDING DEFINITIONS: The following definitions apply to the bidding phase for this Contract.

Capitalized terms found in this Information to Bidders which are not listed below shall have the meaning defined in the General Conditions, Section 00 72 00 if a definition is provided there, otherwise capitalized terms shall have their ordinary meaning given the context of the use.

2.1.1 “Addenda” are written or graphic instruments issued prior to the execution of the Contract that modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections. The contents of Addenda are issued in no particular order and therefore should be carefully and completely reviewed. Addenda relating to administrative matters, such as, for example, the date or time of meetings or the Bid Date, will be issued through the Public Purchase Bid Listing, unless it is unavailable in which instance other methods (for example fax, email, mail) may be used.

2.1.2 “Alternate Bid Price” (or “Alternate”) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted by the District.

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2.1.3 “Bid Amount” is the…