052026-1034_pct_operational_pavement_repairs_manual.pdf

DIVISION 00 - Division 00 - Procurement and Contracting Requirements SECTION 00 01 01 - Project Title Page

Project No. 201038.02 Contract No. PA00000178

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PORT OF TACOMA

TACOMA, WASHINGTON

PCT OPERATIONAL PAVEMENT REPAIRS 2026

PROJECT NO. 201038.02

CONTRACT NO. PA00000178

PROCUREMENT NO. 052026-1034

Thais Howard, PE

Sr. Director, Engineering

Brett Ozolin, PE

Project Manager

END OF SECTION

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DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 01 07 - SEALS PAGE

THE UNDERSIGNED ENGINEER OF RECORD HEREBY CERTIFIES THAT THE TECHNICAL

SPECIFICATIONS FOR THE FOLLOWING PORTIONS OF THIS PROJECT MANUAL WERE

WRITTEN BY ME, OR UNDERMY DIRECT SUPERVISION, AND THAT I AM DULY REGISTERED

UNDER THE LAWS OF THE STATE OF WASHINGTON, AND HEREBY AFFIX MY PROFESSIONAL

SEAL AND SIGNATURE. THOSE SECTIONS PREPARED UNDER OR BY SUPERVISION AND

BEING CERTIFIED BY MY SEAL AND SIGNATURE ARE AS FOLLOWS:

SEAL & SIGNATURE SECTION(S)

Division 02 - Existing Conditions

Division 03 - Concrete

Division 31 - Earthwork

Division 32 - Exterior Improvements

Project No. 201038.02

Contract No. 0000000178

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5/6/2026

SECTION 00 01 10 - Table of Contents

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PROCUREMENT AND CONTRACTING REQUIREMENTS

DIVISION 00 -- PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 01 - Project Title Page

00 01 07 - Seals Page

00 01 10 - Table of Contents

00 01 15 - List of Drawing Sheets

00 11 13 - Advertisement for Bids

00 21 00 - Instructions to Bidders

00 26 00 - Substitution Procedures

00 31 26 - Existing Hazardous Material Information

00 41 00 - Bid Form

00 43 13 - Bid Security Form

00 45 13 - Responsibility Detail Form

00 52 00 - Agreement Form

00 61 13.13 - Performance Bond

00 61 13.16 - Payment Bond

00 61 23 - Retainage Bond

00 61 23.13 - Retainage Escrow Agreement

00 72 00 - General Conditions

00 73 00 - Supplementary Conditions

00 73 16 - Insurance Requirements

00 73 46 - Washington State Prevailing Wage Rates

00 73 63 - Security Requirements

SPECIFICATIONS

DIVISION 01 -- GENERAL REQUIREMENTS

01 10 00 - Summary

01 14 00 - Work Restrictions

01 20 00 - Price and Payment Procedures

01 26 00 - Change Management Procedures

01 30 00 - Administrative Requirements

01 31 23 - Web-Based Construction Management

01 33 00 - Submittal Procedures

01 35 29 - Health, Safety, and Emergency Response Procedures

01 35 43.13 - Hazardous Materials Handling Procedure

SECTION 00 01 10 - Table of Contents

Project No. 201038.02 Contract No. PA00000178

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01 35 47 - Air and Noise Control Procedures

01 41 00 - Regulatory Requirements

01 42 19 - Reference Standards

01 45 00 - Quality Control

01 50 00 - Temporary Facilities and Controls

01 55 00 - Vehicular Access and Parking

01 57 13 - TESC and Project SWPPP

01 60 00 - Product Requirements

01 71 00 - Examination and Preparation

01 74 16 - Soil Characteristics and Waste Management

01 77 00 - Closeout Procedures

DIVISION 02 - EXISTING CONDTIONS

02 41 10 - Site Preparation

DIVISION 03 - CONCRETE

03 30 00 - Cast-in-Place Concrete

DIVISION 31 - EARTHWORK

31 00 00 - Earthwork

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 12 16 - Asphalt Paving

APPENDICES

Appendix A - Port of Tacoma Construction SWPPP Short Form

SECTION 00 01 15 - List of Drawing Sheets

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PART 1 - GENERAL

1.01 SUMMARY

A. Contract Drawings: The following drawings are a part of the Contract Documents:

Sheet No. Drawing Title

G1.01 COVER PAGE & SHEET INDEX

G1.02 GENERAL NOTES, ABBREVIATIONS & LEGEND

G1.03 TESC DETAILS

C0.00 SITE PLAN

C1.01 ENLARGED UTILITIES PLAN 01

C1.02 ENLARGED UTILITIES PLAN 02

C1.03 ENLARGED UTILITIES PLAN 03

C1.04 ENLARGED UTILITIES PLAN 04

C1.05 ENLARGED UTILITIES PLAN 05

C2.01 SITE DETAILS 01

C2.02 SITE DETAILS 02

C2.03 SITE DETAILS 03

C2.04 SITE DETAILS 04

C2.05 SITE DETAILS 05

C2.06 SITE DETAILS 06

C2.07 PAVING SECTIONS

PART 2 - PRODUCTS - NOT USED

PART 3 - EXECUTION - NOT USED

SECTION 00 11 13 - Advertisement for Bids

Project No. 201038.02 Contract No. PA00000178

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PCT OPERATIONAL PAVEMENT REPAIRS 2026

PROJECT NO. 201038.02 | CONTRACT NO. PA00000178

Scope of Work: The Work required for this Project includes:

Bid Estimate:

Milling and replacement of failed asphalt sections throughout the container yard.

Milling will be completed by mechanical mills to a depth of 4-1/2" with replacement pavement placed in two lifts and finished to match adjacent paved areas.

A second potential component of the work includes the placement of concrete collars around utility basin lids. This effort will include sawcutting and removal of the existing asphalt pavement, placement of rebar and concrete in accordance with the specifications. The majority of terminal basin lids have collars.

This is an On-Call contract. The work will be assigned by Task Orders; each Task Order will address the scope of work and time of completion and shall be performed in accordance with the Contract Documents and Task Order provisions.

Task Order work is generally controlled by terminal schedule. Historically a single task order consisted of a 60-hr work window starting on a Friday afternoon and ending the following Sunday night. The last two paving contracts included work during standard business days and hours with advanced planning and coordination in a three to five day window. Paving operations are expected to progress continuously during a terminal provided work window. Successful task orders generally require a contractor to mill and then place at least 1,000 tons of Hot Mix Asphalt in a 24-hour period.

The Port does not guarantee a certain amount of work.

Estimated cost range is $1,500,000 plus Washington State Sales Tax (WSST).

In accordance with RCW 39.04.320, fifteen (15) percent apprenticeship participation is required for certain projects estimated to cost one million ($1,000,000) dollars or more. Bidders may contact the Department of Labor and Industries, Specialty Compliance Services Division, Apprenticeship Section, P.O.

Box 44530, Olympia, WA 98504-4530, by phone (360) 902-5320, or e-mail at Apprentice@lni.wa.gov, to obtain information on available apprenticeship programs.

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In accordance with new legislation HB 1050 all port districts are required to add the requirement that apprentices must perform 15% or more of the total labor hours in public works contracts estimated at $1 million or more. If the 15% apprenticeship labor hours is met the contractor will receive an incentive fee of $1,000. If less than 15% apprenticeship labor hours is used a $500 decrease in the total amount of the contract will be taken for not meeting the required apprenticeship labor hours. L&I will monitor apprenticeship labor hours.

Sealed Bid Date/ Bids will be received at the Front Reception Desk, Port Administration Time/Location: Office, One Sitcum Plaza, Tacoma, Washington 98421 until

2:00 P.M. on June 25, 2026, at which time they will be publicly opened and read aloud and the apparent low bid will be determined.

Pre-Bid Conference and Site Tour: No pre-bid or site visit is scheduled for this project.

Night and Weekend Plant Costs:

Bid Security:

Contact Information:

Bidding Documents:

Plant opening fees, weekday overtime, and weekend overtime costs shall be estimated and approved by Task Order per Section 00 73 00 and Labor

Paragraph 1.02.B and submitted Weighted Wage Rates.

Each Bid must be accompanied by a Bid security in an amount equal to five (5) percent of the Base Bid in a form allowed by the Instructions to Bidders.

Any questions to the Port may be submitted to the Procurement Department through the Procurement and Question Submission Portal (Portal link is accessible via this specific procurements website. See left side of page.). A direct link is also available here: Procurement and Question Portal Link. No oral responses will be binding by the Port.

Instructions for utilizing the portal can be found here: Procurement and Question Submission Portal Instructions.

Questions will not be accepted after seven (7) days prior to the Bid Date.

Plans, Specifications, Addenda, and Plan Holders List for this

Project are available on-line through The Port of Tacoma’s Website portoftacoma.com. Click on "Contracts," "Procurement," and then the Procurement Number 052026-1034 . Bidders must subscribe to the Holder’s List on the right hand side of the screen in order to receive automatic email notification of future addenda and to be placed on the Holder’s List.

Holder’s Lists will be updated regularly and posted to the specific procurements page. Additional Instructions available in Section 00 21 00 - Instructions to Bidders.

https://nwsa.powerappsportals.com/procurementsubmissions/ https://nwsa.powerappsportals.com/procurementsubmissions/ https://s3.us-west-2.amazonaws.com/portoftacoma.com.if-us-west-2-or/s3fs-public/2022-06/Procurement Submission Portal Instructions.pdf https://s3.us-west-2.amazonaws.com/portoftacoma.com.if-us-west-2-or/s3fs-public/2022-06/Procurement Submission Portal Instructions.pdf

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Public Works Effective July 1, 2019, all businesses are required to have training before Training bidding on public works projects and prevailing wage under Requirements: RCW 39.04.359 and RCW 39.12, or is on the list of exempt buisnesses maintained by the Department of Labor and Industries. The bidder must designate a person or persons to be trained on these requirements. The training will be provided by the Department of Labor and Industries or by a training provider whose curriculum is approved by the Department of Labor and Industries.

Please refer to Labor and Industries’ web site (https://www.lni.wa.gov/TradesLicensing/PrevWage/Contractors/Training.asp?utm _medium=email&utm_source=govdelivery ) for more information and training dates, requirements, and exemptions. Failure to attend this training could result in a determination of “not responsible” and the bidder not being awarded a public works contract.

SECTION 00 21 00 - Instructions to Bidders

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PART 1 - SUMMARY

1.01 DEFINITIONS

All definitions set forth in the Agreement, the General Conditions of the Contract for Construction, and in other Contract Documents are applicable to the Bidding Documents.

A. "Addenda" are written or graphic instruments issued prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections.

The contents of an Addendum are issued in no particular order and therefore should be carefully and completely reviewed.

B. An “Apprentice” is a worker for whom an apprenticeship agreement has been registered and approved by the Washington State Apprenticeship and Training Council (RCW 49.04 and WAC 296-05).

C. "Award" means the formal decision by the Port of Tacoma (“Port”) notifying a Responsible Bidder with the lowest responsive Bid of the Port’s acceptance of their Bid and intent to enter into a Contract with the Bidder.

D. The “Award Requirements” include the statutory requirements as a condition precedent to Award.

E. The “Base Bid” is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids.

F. A “Bid” is a complete and properly signed proposal to do the Work, submitted in accordance with the Bidding Documents, for the sums therein stipulated and supported by any data called for by the Bidding Documents.

G. The “Bid Date” is the day and hour specified in the Bidding Documents, as may be changed through an Addendum, by which Bidders are required to submit Bids to the Port.

H. The “Bid Form” is the form(s) included with the Bidding Documents, with Specification Section 00 41 00, through which a Bidder submits a Bid.

I. A “Bidder” is a person or entity who submits a Bid.

J. The “Bidding Documents” include the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, any other sample bidding and contract forms, including those provided by reference, the Bid security, and the proposed Contract Documents, including any Addenda issued prior to the Bid Date.

K. The “Contract Documents” proposed for the Work consist of the Agreement, the General Conditions of the Contract (as well as any Supplemental, Special, or other conditions included in the Project Manual), the Drawings, the Specifications, and all Addenda issued prior to, and all modifications issued after, execution of the Contract.

L. A “Sub-Bidder” is a person or entity of any tier who submits a bid or proposal to or through the Bidder for materials, equipment or labor for a portion of the Work.

1.02 BIDDER’S REPRESENTATIONS

By making its Bid, each Bidder represents that:

A. BIDDING DOCUMENTS. The Bidder has read and understands the Bidding Documents, and its Bid is made in accordance with them.

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B. PRE-BID MEETING. The Bidder has attended pre-Bid meeting(s) required by the Bidding Documents. Attendance at a mandatory meeting or training session means that, in the sole opinion of the Port, a Project representative of a Bidder has attended all or substantially all of such meeting or session.

C. BASIS. Its Bid is based upon the materials, systems, services, and equipment required by the Bidding Documents, and is made without exception.

D. EXAMINATION. The Bidder has carefully examined and understands the Bidding Documents, the Contract Documents including, but not limited to, any liquidated damages, insurance provisions, and the Project site, including any existing buildings, it has familiarized itself with the local conditions under which the Work is to be performed, has correlated its observations with the requirements of the proposed Contract Documents, 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 Project site or that may 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 preliminary to, and at all times during, the performance of the Work. The failure of the Bidder to fully acquaint itself with any applicable condition or matter shall not in any way relieve the Bidder from the responsibility for performing the Work in accordance with, and for the Contract Sum and within the Contract Time provided for in, the Contract Documents.

E. PROJECT MANUAL. The Bidder has checked its copies of the Project Manual (if any) with the table of contents bound therein to ensure the Project Manual is complete.

F. SEPARATE WORK. The Bidder has examined and coordinated all Drawings, Contract Documents, and Specifications with any other contracts to be awarded separately from, but in connection with, the Work being Bid upon, so that the Bidder is fully informed as to conditions affecting the Work under the Contract being Bid upon.

G. LICENSE REQUIREMENTS. The Bidders and Sub-Bidders are registered and hold all licenses required by the laws of Washington, including a certificate of registration in compliance with RCW 18.27, for the performance of the Work specified in the Contract Documents.

H. CERTIFICATION. The Bidder verifies under penalty of perjury that the Bidder has not have been determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of Chapters 49.46, 49.48, or 49.52 RCW within the three (3) year period immediately preceding the Bid Date.

I. NO EXCEPTIONS. Bids must be based upon the materials, systems, and equipment described and required by the Bidding Documents, without exception.

1.03 BIDDING DOCUMENTS

A. COPIES

1. Bidders may obtain complete sets of the Bidding Documents from The Port of Tacoma’s Website www.portoftacoma.com. Click on "Contracts" then "Procurement."

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2. Complete Sets. Bidders shall use complete sets of Bidding Documents in preparing Bids and are solely responsible for obtaining updated information. The Port does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete and/or superseded sets of Bidding Documents.

3. Conditions. The Port 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.

4. Legible Documents. To the extent any Drawings, Specifications, or other Bidding Documents are not legible, it is the Bidder’s responsibility to obtain legible documents.

B. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

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

2. Duty to Notify. Bidders shall promptly notify the Port in writing of any ambiguity, inconsistency, or error that they may discover upon examination of the Bidding Documents or of the site and local conditions.

3. Products and Installation. All Bidders shall thoroughly familiarize themselves with specified products and installation procedures and submit to the Port any objections (in writing) no later than seven (7) days prior to the Bid Date. The submittal of the Bid constitutes acceptance of products and procedures specified as sufficient, adequate, and satisfactory for completion of the Contract.

4. Written Request. Bidders requiring clarification or interpretation of the Bidding Documents shall make a written request to the Procurement Department through the Procurement and Question Submission Portal at least seven (7) days prior to the Bid Date (Portal link is accessible via this specific procurements website. See left side of page.). A direct link is also available here: Procurement and Question Portal Link. No oral responses will be binding by the Port.

Instructions for utilizing the portal can be found here: Procurement and Question Submission Portal Instructions.

5. Request to Modify Responsibility Criteria. No later than seven (7) days prior to the Bid Date, a potential Bidder may request in writing that the Port modify the Responsibility Criteria. The Port 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 Port will issue an Addendum identifying the new Criteria.

6. Addenda. The Bidder shall not rely on oral information provided at any pre-Bid meetings or during site visits. Verbal statements made by representatives of the Port are for informational purposes only. Any interpretation, correction, or change of the Bidding Documents will be made solely by written Addendum. Interpretations, corrections, or changes of the Bidding Documents made in any manner other than by written Addendum, including but not limited to, oral statements will not be binding, and Bidders shall not rely upon such statements, interpretations, corrections, or changes. The Port is not responsible for explanations or interpretations of the Bidding Documents other than in a written Addendum.

https://nwsa.powerappsportals.com/procurementsubmissions/ https://s3.us-west-2.amazonaws.com/portoftacoma.com.if-us-west-2-or/s3fs-public/2022-06/Procurement Submission Portal Instructions.pdf https://s3.us-west-2.amazonaws.com/portoftacoma.com.if-us-west-2-or/s3fs-public/2022-06/Procurement Submission Portal Instructions.pdf

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7. Site Visits. Any site visits are provided as a courtesy to potential Bidders to assist them in becoming familiar with the Project site conditions. However, only the Bidding Documents, including any issued Addenda, may be relied upon by Bidders.

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

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

C. SUBSTITUTIONS

1. For substitutions during bidding, refer to Section 00 26 00 – Substitution Procedures.

D. ADDENDA

1. Distribution. All Addenda will be written and will be made available on the Port's website or any other source specified by the Port for the Project.

2. Copies. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose.

3. Verification and Acknowledgment of Receipt. Prior to submitting a Bid, each Bidder shall ascertain that it has received all Addenda issued. Each Bidder shall acknowledge its receipt and consideration of all Addenda in its Bid.

1.04 BIDDING PROCEDURE

A. FORM AND STYLE OF BIDS

1. Form. Bids (including required attachments) shall be submitted on forms identical to the Bid Form included with the Bidding Documents. No oral, email, or telephonic responses or modifications will be considered.

2. Entries on the Bid Form. All blanks on the Bid Form shall be filled in by typewriter, printer, or manually in ink.

3. Figures. All sums shall be expressed in figures, not words. Portions of the Bid Form may require the addition or multiplication of component bids to a total or the identification of component amounts within a total. In case of discrepancy between unit prices listed and their sum(s), the unit prices listed shall govern (rather than the sum).

4. Initial Changes. Any interlineation, alteration, or erasure shall be initialed by an authorized representative of the Bidder.

5. Bid Breakdown. The Bid Form may contain, for the Port’s accounting purposes only, a breakdown of some or all of the components included in the Base Bid.

a. For lump-sum Bids, the total Contract Sum shall be submitted.

b. For unit-price Bids, a price shall be submitted for each item of the Work, an extension thereof, and, if requested, the total Contract Sum.

6. No Conditions. The Bidder shall make no conditions or stipulations on the Bid Form, nor qualify its Bid in any manner.

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7. Identity of Bidder. The Bidder shall include in the specified location on the Bid Form, the legal name of the Bidder and, if requested, a description of the Bidder as a sole proprietor, a partnership, a joint venture, a corporation, or another described form of legal entity. The Bid shall be signed by the person or persons legally authorized to bind the Bidder to a contract. The Port verifies signature authority on the Labor and Industries website under the contractor registration business owner information. If the business owner information is not current, the Bidder shall show proof of authority to sign at the request of the Port. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent’s authority to bind the Bidder

8. Bid Amounts Do Not Include Sales Tax. The Work to be performed constitutes a "retail sale" as this term is defined in RCW 82.04.050. Thus, the Base Bid amount shall include in the sum stated all taxes imposed by law, EXCEPT WASHINGTON STATE AND LOCAL SALES TAX due on the Base Bid. The engaged Contractor will pay retail sales tax on all consumables used during the performance of the Work and on all items that are not incorporated into the final Work; this tax shall be included in the Base Bid price and in any other prices set forth on the Bid Form. The Port will pay state and local retail sales tax due on each progress payment and final payment to the engaged Contractor for transmittal by the Contractor to the Washington State Department of Revenue or to the applicable local government.

B. POTENTIAL LISTING OF SUB-BIDDERS (SUBCONTRACTORS)

1. Procedure. On projects equal to or greater than $1,000,000, the Bid Form includes a requirement that certain Sub-Bidders be listed, in which case the Bidder must complete the required list. In these circumstances, and regardless of the anticipated cost of the Project, the Bidder must name the Sub-Bidder or Sub-Bidders with whom the Bidder, if awarded the Contract, will subcontract directly (i.e., not lower-tier Sub-Bidders) for performance of the Work of:

a. HVAC (heating, ventilation, and air conditioning) Work;

b. Plumbing Work as described in RCW 18.106;

c. Electrical Work as described in RCW 19.28; and

d. Any other categories of Work listed on the Sub-Bidder listing form and/or Bid Form.

2. Self-Performance. If the Bidder intends to self-perform any of these categories of Work, it must name itself for each such category of Work.

3. Multiple Entries. The Bidder shall not list more than one (1) entity for a particular category of Work identified, unless a Sub-Bidder will vary based on an Alternate Bid, in which case the Bidder shall identify the Sub-Bidder to be used for the Alternate and the affected portion of the Work.

4. Failure to Submit. In accordance with RCW 39.30.060, failure of a Bidder to submit, as part of the Bid, the names of such proposed HVAC, plumbing, and electrical Sub-Bidders, or to name itself to perform such Work, or the naming of two (2) or more Sub-Bidders to perform the same Work, shall render the Bidder’s Bid non-responsive and; therefore, void.

5. Requirement to Subcontract. The Bidder, if Awarded the Contract, will subcontract with the listed Sub-Bidders for performance of the portion of the Work designated on the Bid Form, subject to the provisions of the Contract for Construction and RCW 39.30.060. The Bidder shall not substitute a listed Sub-Bidder in furtherance of bid shopping or bid peddling.

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6. Sub-Bidder Qualification. Listed Sub-Bidders may be required to provide evidence of their qualifications, including a statement of experience and references, prior to Award, or at any time during the Contract Time. Such information shall be provided within twenty-four (24) hours of request. This evidence shall demonstrate that the Sub-Bidder meets or exceeds all requirements for experience, qualifications, manufacturer’s certifications, or any other requirements specified in any of the technical sections of the Contract Documents for which the Sub-Bidder proposes to perform Work.

7. Replacement. If a listed Sub-Bidder fails to provide adequate evidence of qualifications, is unable to comply with any bonding requirements of the Bidding Documents or with other requirements of the Contract or Bidding Documents, is not properly licensed, or fails to meet the Responsibility Criteria of the Bidding Documents, the Port may require the Bidder to replace the Sub-Bidder with another subcontractor reasonably acceptable to the Port at no change in the Contract Sum or Contract Time.

8. Sub-Bidder Standards. Sub-Bidders shall meet contractual and technical qualification standards, and provide specialized certification, licensing, and/or payment and performance bonding, if required.

9. MWBE, Veteran-owned, and small business participation encouraged. The Port’s policy is to encourage the Contractor to solicit and document participation, and to provide and promote the maximum lawful, practicable opportunity for increased participation, by MWBE firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE), Veteran-owned businesses (defined in RCW 43.60.010, and Small, Mini and Micro business enterprises (defined in RCW 39.26.010).

C. BID SECURITY

1. Purpose and Procedure. Each Bid shall be accompanied by Bid security payable to the Port in the form required by the Bidding Documents and equal to five (5) percent of the Base Bid only (i.e., not including any Alternates or Unit Prices). The Bid security constitutes a pledge by the Bidder to the Port that the Bidder will enter into the Contract with the Port 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, certificates of insurance, and all other documents required in the Contract Documents. Should the Bidder fail or refuse to enter into the Contract or fail to furnish such documents, the amount of the Bid security shall be forfeited to the Port as liquidated damages, not as a penalty. By submitting a Bid, each Bidder represents and agrees that the Bid security, if forfeited, is a reasonable prediction on the Bid Date of future damages to the Port. Failure of the Bidder to provide Bid Security as required shall render the bid non-responsive.

2. Form. The Bid security shall be in the form of a certified or bank cashier’s check payable to the Port or a Bid bond executed by a bonding company reasonably acceptable to the Port, licensed in the State of Washington, registered with the Washington State Insurance Commissioner, possess an A.M. Best rating of “A-," Fiscal Size Category (FSC) six (6) or better, and be authorized by the U.S. Department of the Treasury. The Bid security shall be signed by the person or persons legally authorized to bind the Bidder. Bid bonds shall be submitted using the form included with the Bidding Documents.

3. Retaining Bid Security. The Port will have the right to retain the Bid security of Bidders to whom an Award is being considered until the earliest of either: (a) mutual execution of the Contract, and the Port’s receipt of payment and performance bonds, (b) the specified time has elapsed so that Bids may be withdrawn, or (c) when all Bids have been rejected.

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4. Return of Bid Security. Within sixty (60) days after the Bid Date, the Port will release or return Bid securities to Bidders whose Bids are not to be further considered in awarding the Contract. Bid securities of the three apparent low Bidders will be held until the Contract has been finally executed, after which all un-forfeited Bid securities will be returned. Bid security may be returned in the form provided or by separate payment.

D. SUBMISSION OF BIDS

1. Procedure. The Bid, the Bid security, and other documents required to be submitted with the Bid, shall be enclosed in a sealed envelope identified with the Project name and number and the Bidder’s name and address. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation “SEALED BID ENCLOSED” on the face of the mailing envelope.

a. If a Bid is mailed, it shall be addressed to the Port of Tacoma, Contracts Department, 1 Sitcum Plaza, Tacoma, WA 98421.

b. If a Bid is delivered, it shall be delivered to the Front Reception Desk, Port of Tacoma, 1 Sitcum Plaza, Tacoma, WA 98421.

c. The time stamp clock at the Front Reception Desk at 1 Sitcum Plaza is the Port’s official clock.

2. Deposit. Bids shall be deposited at the designated location prior to the Bid Date indicated in the Advertisement or Invitation to Bid, or any extension thereof made by Addendum.

Bids received after the Bid Date and time specified shall be returned without consideration at the discretion of the Port, or rejected at the time of receipt.

3. Delivery. The Bidder assumes full responsibility for timely delivery at the location designated for receipt of Bids.

4. Form. Oral, facsimile, telephonic, electronic, or email Bids are invalid and will not be considered.

E. MODIFICATION OR WITHDRAWAL OF BID

1. After the Bid Date. A Bid may not be modified, withdrawn, or canceled by the Bidder during a ninety (90) day period following the Bid Date, and each Bidder so agrees by virtue of submitting its Bid.

2. Before the Bid Date. Prior to the Bid Date, any Bid submitted may be modified or withdrawn only by notice to the party receiving Bids at the place designated for receipt of Bids. The notice shall be in writing, with the signature of the Bidder, and shall be worded so as not to reveal the amount of the original Bid. Email notice will not be accepted. It shall be the Bidder’s sole responsibility to verify that the notice has been received by the Port in time to be withdrawn before the Bid opening.

3. Resubmittal. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids, provided that they are then fully in conformance with these Instructions to Bidders.

4. Bid Security with Resubmission. Bid security shall be in an amount sufficient for the Bid as modified or resubmitted.

F. COMMUNICATIONS

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1. Communications from a Bidder related to these Instructions to Bidders must be in writing to the Procurement Department through the Procurement and Question Submission Portal (Portal link is accessible via this specific procurements website. See left side of page.). A direct link is also available here: Procurement and Question Portal Link. Communications, including but not limited to, notices and requests by Sub-Bidders shall be made through the Bidder and not directly by a Sub-Bidder to the Port. No oral responses will be binding by the Port.

Instructions for utilizing the portal can be found here: Procurement and Question Submission Portal Instructions.

1.05 CONSIDERATION OF BIDS

A. OPENING OF BIDS. Unless stated otherwise in the Advertisement or Invitation to Bid or an Addendum, the properly identified Bids received on time will be opened publicly and will be read aloud. An abstract of the Base Bids and any Alternate Bids will promptly (and generally within twenty-four (24) hours) be made available to Bidders and other interested parties.

B. REJECTION OF BIDS. The Port shall have the right, but not the obligation, to reject any or all Bids for any reason, or for no reason, to reject a Bid not accompanied by the required Bid security, or to reject a Bid which is in any way incomplete or irregular.

C. BIDDING MISTAKES. The Port will not be obligated to consider notice of claimed Bid mistakes received more than twenty-four (24) hours after the Bid Date. In accordance with Washington law, a low Bidder that claims error and fails to enter into the Contract is prohibited from Bidding on the Project if a subsequent call for Bids is made for the Project.

D. ACCEPTANCE OF BID (AWARD)

1. Intent to Accept. The Port intends, but is not bound, to Award a Contract to the Responsible Bidder with the lowest responsive Bid, provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Port has the right to waive any informality or irregularity in any Bid(s) received and to accept the Bid which, in its judgment, is in its own best interests.

2. Requirements for Award. Before the Award, the lowest responsive Bidder must be deemed Responsible by the Port and must satisfy all Award Requirements.

E. BID PROTEST PROCEDURES

1. Procedure. A Bidder protesting, for any reason, the Bidding Documents, a Bidding procedure, the Port’s objection to a Bidder or a person or entity proposed by the Bidder, including but not limited to, a finding of non-Responsibility, the Award of the Contract or any other aspect arising from, or relating in any way to, the Bidding, shall cause a written protest to be filed with the Port within two (2) business days of the event giving rise to the protest. (Intermediate Saturdays, Sundays, and legal holidays are not counted as business days.) The written protest shall include the name of the protesting Bidder, the bid solicitation number and title under which the protest is submitted, a detailed description of the specific factual and legal grounds for the protest, copies of all supporting documents, evidence that the apparent low bidder has been given notice of the protest, and the specific relief requested. The written protest shall be sent by email to procurement@portoftacoma.com.

https://nwsa.powerappsportals.com/procurementsubmissions/ https://s3.us-west-2.amazonaws.com/portoftacoma.com.if-us-west-2-or/s3fs-public/2022-06/Procurement Submission Portal Instructions.pdf https://s3.us-west-2.amazonaws.com/portoftacoma.com.if-us-west-2-or/s3fs-public/2022-06/Procurement Submission Portal Instructions.pdf

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2. Consideration. Upon receipt of the written protest, the Port will consider the protest. The Port may, within three (3) business days of the Port’s receipt of the protest, provide any other affected Bidder(s) the opportunity to respond in writing to the protest. If the protest is not resolved by mutual agreement of the protesting Bidder and the Port, the Contracts Director of the Port, or his or her designee, will review the issues and promptly furnish a final and binding written decision to the protesting Bidder, and any other affected Bidder(s), within six (6) business days of the Port’s receipt of the protest. (If more than one (1) protest is filed, the Port’s decision will be provided within six (6) business days of the Port’s receipt of the last protest.) If no reply is received from the Port during the six (6) business-day period, the protest will be deemed rejected.

3. Waiver. Failure to comply with these protest procedures will render a protest waived.

4. Condition Precedent. 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.

1.06 POST BID INFORMATION

A. THE LOWEST RESPONSIVE BIDDER SHALL:

1. Responsibility Detail Form. Within 24 hours of the Low Responsive Bidder Selection Notification, the apparent low Bidder shall submit to the Port the Responsibility Detail Form and other required documents (Section 00 45 13) executed by an authorized company officer. As requested from the Port, the low responsive Bidder shall provide written confirmation that the person signing the Bid on behalf of the Bidder was duly authorized at the time of bid, a detailed breakdown of the Bid in a form acceptable to the Port, and other information required by the Port.

2. The apparent low Bidder shall submit to the Port upon request:

a. Additional information regarding the use of the Bidder's own forces and the use of subcontractors and suppliers;

b. The names of the persons or entities (including a designation of the Work to be performed with the Bidder’s own forces, and the names of those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work (i.e., either a listed Sub-Bidder or a Sub-Bidder performing Work valued at least ten (10) percent of the Base Bid), consistent with the listing required with the Bid; and

c. The proprietary names and the suppliers of the principal items or systems of materials and equipment proposed for the Work.

3. Failure to provide any of the above information in a timely manner will constitute an event of breach permitting forfeiture of the Bid security.

4. Bidder Responsibility. The Bidder will be required to establish, to the satisfaction of the Port, the reliability and responsibility of itself and the persons or entities proposed to furnish and perform the Work described in the Bidding Documents. If requested, the Bidder shall meet with the Port to discuss the Bid, including any pricing, the Bid components, and any assumptions made by the Bidder.

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5. Sub-Bidder Responsibility. The Responsibility of the Bidder may be judged in part by the Responsibility of Sub-Bidders. Bidders must verify the Responsibility Criteria for each first-tier Sub-Bidder. A Sub-Bidder of any tier that hires other Sub-Bidders must verify Responsibility Criteria for each of its lower-tier Sub-Bidders. The verification shall include a representation that each Sub-Bidder, at the time of subcontract execution, is Responsible and possesses required licenses.

6. Objection. Prior to an Award of the Contract, the Port will notify the Bidder in writing if the Port, after due investigation, has reasonable objection to the Bidder or a person or entity proposed by the Bidder. Upon receiving such objection, the Bidder may, at Bidder’s option:

(a) withdraw their Bid, (b) submit an acceptable substitute person or entity 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 such substitution, or (c) file a protest in accordance with the Bidding Documents.

7. Change. Persons and entities proposed by the Bidder to whom the Port has made no reasonable objection must be used on the Work for which they were proposed and shall not be changed, except with the written consent of the Port.

8. Right to Terminate. The Bidder’s representations concerning its qualifications will be construed as a covenant under the Contract. If a Bidder makes a material misrepresentation on a Qualification Statement, the Port has the right to terminate the Contract for cause and may then pursue any remedies that exist under the Contract or that are otherwise available.

B. INFORMATION FROM OTHER BIDDERS: All other Bidders designated by the Port as under consideration for Award of a Contract shall also provide a properly executed Qualification Statement, if so requested by the Port.

1.07 PERFORMANCE BOND, LABOR AND MATERIAL PAYMENT BOND, AND INSURANCE

A. BOND REQUIREMENTS. Within ten (10) days after the Port’s Notice of Award of the Contract, the successful Bidder shall obtain and furnish statutory bonds pursuant to RCW 39.08 covering the faithful performance of the Contract and the payment of all obligations arising thereunder in the form and amount prescribed in the Contract Documents. Bonds shall be written for one hundred (100) percent of the contract award amount, plus Washington State Sales Tax and Change Orders. The cost of such bonds shall be included in the Base Bid.

1. On contracts of one hundred fifty thousand dollars ($150,000) or less, at the option of the Contractor or the General Contractor/Construction Manager as defined in RCW 39.10.210, the Port may, in lieu of the bond, retain ten (10) percent of the contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue, the employment security department, and the department of labor and industries and settlement of any liens filed under RCW 60.28, whichever is later.

The recovery of unpaid wages and benefits must be the first priority for any actions filed against retainage held by a state agency or authorized local government.

2. On contracts of one hundred fifty thousand dollars ($150,000) or less, the Port may accept a full payment and performance bond from an individual surety or sureties.

B. TIME OF DELIVERY AND FORM OF BONDS. The successful Bidder shall deliver an original copy of the required bonds to the Port, 1 Sitcum Plaza, Tacoma, WA 98421, within the time specified in the Contract Documents.

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C. INSURANCE. The successful Bidder shall deliver a certificate of insurance from the Bidder’s insurance company that meets or exceeds all requirements of the Contract Documents.

D. GOVERNMENTAL REQUIREMENTS. Notwithstanding anything in the Bidding or Contract Documents to the contrary, the Bidder shall provide all bonding, insurance, and permit documentation as required by governmental authorities having jurisdiction for any portions of the Project.

1.08 FORM OF AGREEMENT

A. FORM TO BE USED. The Contract for the Work will be written on the form(s) contained in the Bidding Documents, including any General, Supplemental, or Special Conditions, and the other Contract Documents included with the project manual.

B. CONFLICTS. In case of conflict between the provisions of these Instructions and any other Bidding Document, these Instructions shall govern. In case of conflict between the provisions of the Bidding Documents and the Contract Documents, the Contract Documents shall govern.

C. CONTRACT DELIVERY. Within ten (10) days after Notice of Award, the Bidder shall submit a signed Contract to the Port in the form tendered to the Bidder and without modification.

PART 2 - PRODUCTS - NOT USED

SECTION 00 26 00 - Substitution Procedures

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PART 1 - GENERAL

1.01 SUMMARY

A. This Section includes administrative and procedural requirements for substitutions.

1.02 DEFINITIONS/CLARIFICATIONS

A. Substitutions. Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor.

B. The Contract Documents include performance specifications for products and equipment which meet Project requirements. In those cases where a representative item or manufacturer is named in the specification, it is provided for the sole purpose of identifying a product meeting the required functional performance, and where the words “or equal” are used, a substitution request as further described, is not required.

C. Where non-competitive or sole source products or manufacturers are explicitly specified with the words “or approved equal,” or “Engineer approved equal,” or “as approved by the Engineer” are used, they shall be taken to mean “or approved equal.” In these cases a substitution request as further described in this Section, is required.

1.03 SUBMITTALS

A. Substitution Request Form. Use copy of form located at the end of this Section.

B. Pre-Bid Substitution Requests. Submit one (1) PDF of the Substitution Request Form along with all supporting documentation for consideration of each request. Identify product, fabrication, or installation method to be replaced. Include Drawing numbers and titles. Substitution requests prior to the Bid Date may originate directly from a prime Bidder, or from a prospective Sub- Bidder.

1. Documentation. Show compliance with requirements for substitutions with the following, as applicable:

a. Statement indicating why specified product, fabrication, or installation cannot be provided.

b. Coordination information, including a list of changes or modifications needed to other parts of the Work that will be necessary to accommodate proposed substitution.

c. Product Data, including drawings and descriptions of products, fabrication, and installation procedures.

d. Samples, where applicable or requested.

e. Certificates and qualification data, where applicable or requested.

f. Research reports evidencing compliance with building code in effect for the Project.

2. Engineer's Action. Engineer will review substitution requests if received through the Procurement and Question Submission Portal at least seven (7) days prior to the Bid Date (Portal link is accessible via this specific procurements website. See left side of page.) A direct link is also available here: Procurement and Question Portal Link. No oral responses will be binding by the Port.

a. Forms of Acceptance. Substitution requests will be formally accepted via written addendum prior to the Bid Date. Bidders shall not rely upon approvals made in any other manner.

https://nwsa.powerappsportals.com/procurementsubmissions/

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b. Use product originally specified if Engineer does not issue a decision on use of a proposed substitution within time allocated.

c. The Port’s decision of approval or disapproval of a proposed substitution shall be final.

Instructions for utilizing the portal can be found here: Procurement and Question Submission Portal Instructions.

C. Post-Award Substitution Requests must be submitted by the Contractor and not a Subcontractor nor Supplier.

1. Documentation. Show compliance with requirements for substitutions with the following, as applicable:

a. Statement indicating why specified product or fabrication or installation cannot be provided, if applicable.

b. Coordination information, including a list of changes or modifications needed to other parts of the Work that will be necessary to accommodate proposed substitution.

c. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable specification Section. Significant qualities may include, but are not limited to, attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified. ·

d. Product Data, including drawings and descriptions of products and fabrication and installation procedures.

e. Samples, where applicable or requested.

f. Certificates and qualification data, where applicable or requested.

g. List of similar installations for completed projects with project names and addresses.

Also provide names and addresses of the applicable architect, engineer, and owner.

h. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated.

i. Research reports evidencing compliance with building code in effect for the Project.

j. Comparison of the approved Baseline Project Schedule using proposed substitution with products specified for the Work, including effect on the…