2026-ITB-202_Bid_Packet.pdf

Revised 3/26/2026 Page 1 of 25

INVITATION TO BID (ITB)

Title: Flood Barrier for Planning and Public Works Bid Number: 2026-ITB-202

Timeline

Solicitation Release Date August 19, 2026

Question Submission Deadline August 26, 2026

Bid Submission Deadline September 2, 2026

The initial contract estimate is $100,000.00 per year; however, the County may add additional funding throughout the contract.

Contractor:

Mailing Address:

Contact Name: Title:

Phone: Email:

Fiscal Contact: Email:

Contractor UBI:

*If a corporation, the bid must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, bid must be executed by a partner.

Complete the tax status information for one of the following business entity types. Individual or Corporate names must match exactly as registered with either Social Security Administration or Internal Revenue Service.

Identification of Vendor as a sole proprietor, a partnership, a joint venture, a corporation, or another described form of legal entity:

Bid Issued By

Pierce County Procurement and Contract Services

Contact: Lauren Dase Email: pcpurchasing@piercecountywa.gov

Address 1501 Market Street., Suite 420 Tacoma, WA 98402

Bid Documents

A: Instructions to Bidders E: General Terms and Conditions

B: Statement of Work

C: Bid Form

D: Contract Compliance

PLEASE NOTE: Proposals shall be signed by the person or persons having authority to sign them. If a bidder is a corporation the proposal shall be signed on behalf of the corporation by such an authorized person.

Signature Printed Name and Title Date

ADDENDUM RECEIPT:

Receipt of addenda numbered ______is acknowledged.

Please note: Any oral interpretation is not binding on the County unless confirmed by Addendum.

This bid is subject to the attached General Terms and Conditions.

Revised 3/26/2026 Page 2 of 25

PLANHOLDER’S LIST:

BIDDERS WHO REGISTER AND DOWNLOAD BID DOCUMENTS will be automatically added to the FOLLOWER’S list in the County’s E-Procurement Portal. Notifications for bid updates, addenda, and other bid information will be sent to all bidders who register on the Pierce County E-Procurement Portal. Bidders shall create an account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on “Submit a Response”, and follow the instructions to submit your electronic bid.

BID QUESTIONS:

All questions must be submitted within the County’s E-Procurement Portal under the Questions and Answers section no later than 4:00 PM PS/DT on August 26, 2026. Bidders must be registered in the E-Procurement Portal software to submit questions, receive addenda, notifications, and ultimately submit a proposal.

BID NOTES:

The successful low bidder may be required to provide references that demonstrate their ability to serve Pierce County prior to award. Failure to provide references when requested or references not demonstrating their ability to service the needs of Pierce County may result in a bidder being deemed non-responsible.

Oral explanations, interpretations, or instructions given by anyone before the award of a contract will not be binding on the County.

The Contractor is responsible for all Taxes, Fees, and Insurance costs for this Project. All costs, except sales tax, must be included in the unit bid prices.

Proposals must be received by Procurement & Contract Services in the Pierce County Finance Department before 1:00 PM on September 2, 2026. The proposer is responsible for submission of the proposal before the deadline. The County shall not be responsible for late submittals.

All Bids are to be submitted via OpenGov. Bid Submissions will be opened and publicly read via webcast 30 minutes after the time indicated above unless the Bid Opening has been delayed or canceled.

The link for the webcast will be posted on Pierce County’s website at http://www.piercecountywa.gov/CurrentSolicitations before bid opening.

BID SUBMITTAL REQUIREMENTS

For Bids to be considered the following shall be included:

• Completed Pricing Proposal in Exhibit C, Section 1 indicating the bidder's proposed pricing.

• Completed Page 1, Invitation to Bid, all contact/company information, signature of Authorized person (name, title included), Addendum Receipt, and tax information

THE FOLLOWING MUST BE RETURNED BY THE SUCCESSFUL BIDDER NO LATER THAN 10 DAYS AFTER BID

AWARD*:

Signed Pierce County contract*

*These will be executed on County forms and will be enclosed with award documents.

https://procurement.opengov.com/signup http://www.piercecountywa.gov/CurrentSolicitations

Revised 3/26/2026 Page 3 of 25

EXHIBIT A – INSTRUCTIONS TO BIDDERS

BACKGROUND AND PURPOSE

The purpose of this bid is to initially procure approximately 1,542 linear feet of HESCO Floodline 4836 or equivalent flood barrier for Pierce County Planning and Public Works. This product is needed by the middle of October 2026.

In late 2025, the County was tasked with constructing the Sumner Rainer Manor sandbag wall in the city of Sumner to protect against flooding. That sandbag wall must now be replaced, and County Engineers have identified the herein-mentioned units as a suitable replacement product to ensure public safety. Any proposed equivalent products must meet County engineering standards and receive approval from County Engineers before contract execution.

1. BEFORE AWARD

1.1. Communications

1.1.1. Upon release of this ITB, no oral interpretations of the ITB will be made to any Bidder. Oral explanations or instructions will be considered unofficial and are not binding. Any information modifying a solicitation will be furnished to all Bidders by addendum.

Communications concerning this solicitation, with any Pierce County employee other than the listed Contract Specialist or Alternate Contract Specialist may cause the Bidder to be disqualified.

1.2. Deadline for Questions

1.2.1. If a prospective Bidder has any questions concerning any part of the Bid/Proposal, the Bidder must submit a request via Pierce County's E-Procurement Portal Q&A section.

Questions must be received in Pierce County’s E-Procurement portal by the deadline referenced on the cover page of this ITB.

1.3. Addenda and Clarifications

1.3.1. If at any time, the County changes, revises, deletes, increases, and/or otherwise modifies the ITB, the County will issue a written Addendum to the ITB. Bidder must acknowledge all Addenda to the solicitation before submitting their bid. Clarifications are for informational purposes only and will be posted in Pierce County’s E-Procurement portal.

If an addendum is issued after a Bidder has submitted a response to a solicitation, that Bidder must acknowledge each addendum and resubmit its response. To ensure the County receives the most recent response submitted, Bidder shall ensure the submittal remains on active status. Addenda will become part of the Contract Documents when the Contract is executed.

1.4. Late Bids

1.4.1. The County’s E-Procurement Portal will not allow late bids or modifications of bid submission after the close date and time specified for receipt. Bidders shall assume full responsibility for ensuring electronic delivery of bids on or before the close date and time as specified.

1.5. Alterations to Documents

1.5.1. Any attachments and/or exhibits included with this solicitation are part of the overall bid package. A bid that includes any addition, limitation, or change made to any document, Revised 3/26/2026 Page 4 of 25 any non-requested attachments, or any exception to the terms of Invitation to Bid, may be non-responsive and/or irregular and be rejected.

1.6. Bid Submittal Procedure

1.6.1. Pierce County registered Suppliers interested in bidding on current solicitations must log in to their E-Procurement Supplier Portal to successfully submit a bid through the E- Procurement system. Pierce County will only accept electronic submittals in response to this ITB within the E- Procurement system prior to the published Close Date and Time. Bids that do not conform to the requirements specified herein shall be rejected.

1.7. Bid Opening and Posting results

1.7.1. The Contract Specialist will conduct a public bid opening at the indicated close date and time. To attend this public event, interested parties should follow the provided link:

Current Solicitations | Pierce County, WA - Official Website. After submittals have been opened in public, the County will post the response tabulation and electronic versions of all bids submitted in response to this ITB within 24 hours and, later, any final award determination on the County’s Solicitation abstract webpage.

All bids shall become the property of Pierce County at the time of bid opening. Bids are posted for informational purposes only and such posting does not constitute any evaluation, clarification, correction of minor irregularities or any decision made by the County.

Each Bidder must bid exactly as specified on the Invitation to Bid (hereinafter referred to as bid) sheets. All bids must remain open for acceptance by the County for a period of at least 60 calendar days from the date of opening of the bids.

1.8. Cancellation of ITB or Postponement of Bid Opening

1.8.1. The County reserves the right to cancel the ITB at any time. The County may change the date and time for submitting bids prior to the date and time established for submittal via an Addenda.

1.9. Examination of Bid Documents

1.9.1. The submission of a bid shall constitute an acknowledgement upon which the County may rely that the Bidder has thoroughly examined and is familiar with the ITB, including any work site identified in the ITB, and has reviewed and inspected all applicable statutes, regulations, ordinances and resolutions addressing or relating to the goods or services to be provided hereunder.

The failure of a Bidder to comply with the above requirement shall in no way relieve the Bidder from any obligations with respect to its bid or to any Contract awarded pursuant to this ITB. No claim for additional compensation shall be allowed which is based upon a lack of knowledge or misunderstanding of this ITB.

1.10. Modifications of Bid or Withdrawal of Bid Prior to Bid Close Date

1.10.1. Modifications or withdrawal of bids already received will be considered only if the requested modification or withdrawal is made prior to the scheduled closing time for the receipt of the bids.

1.11. Bid Withdrawal after Public Opening

https://www.piercecountywa.gov/7829/Current-Solicitations

Revised 3/26/2026 Page 5 of 25

1.11.1. No Bidder may withdraw a bid after the date and time established for submitting bids unless a.) the award has been delayed past the period for bid effectiveness or b.) when a claim of error has been granted by the County.

Requests to withdraw a bid due to error must be submitted in writing along with supporting evidence for such claim for review by the County. Evidence must be sent via email to the Contract Specialist(s) listed in the solicitation within two (2) business days after request to withdraw. The County reserves the right to require additional records or information to evaluate the request. Any review by the County of a bid and/or any review of such a claim of error, including supporting evidence, creates no duty or liability on the County to discover any other bid error or mistake, and the sole liability for any bid error or mistake rests with the Bidder.

1.12. Cost of Bid Samples

1.12.1. The County is not liable for any costs incurred by Bidder in the preparation and evaluation of bids submitted. If applicable, samples of items required must be submitted to the location and by the date and time specified. Unless otherwise specified, samples shall be submitted with no expense to the County.

1.13. Collusion

1.13.1. By submitting this bid, the Bidder certifies that they have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. If the County determines that collusion has occurred among Bidders, none of the bids from the participants of such collusion will be considered. The County’s determination will be final.

1.14. Bid Effective Date

1.14.1. All bids submitted shall be a firm bid for a minimum period of sixty (60) days after the bid opening date, unless otherwise stated in writing in the bid. The County may request a Bidder grant an extension of the bid effective period.

1.15. Bid Price and Tax

1.15.1. The bid price shall include everything necessary for the prosecution and completion of the Contract, except as may be provided otherwise in this ITB.

Bid Prices shall include all freight charges, tariffs, Freight on Board (FOB) to the designated delivery point(s), FOB Destination, Prepaid and Allow.

Taxes: The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Vendor must pay all other taxes including, but not limited to: Business and Occupation Tax, taxes based on the Vendor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax which also shall not be included in the bid price. Where applicable the County shall furnish a Federal Excise Tax Exemption certificate.

1.16. Financial Resources and Auditing

1.16.1. If requested by the County, prior to the award of a contract, the Bidder shall submit proof of adequate financial resources available to carry out the execution and completion of Work required by the contract.

Revised 3/26/2026 Page 6 of 25

Pierce County reserves the right to audit the Contractor throughout the term of the contract to assure the Contractor’s financial fitness to perform and comply with all terms and conditions contained within the contract. Pierce County will be the sole judge in determining the Contractor’s financial fitness in carrying out the terms of the contract.

1.17. Substitutions

1.17.1. When specific brands, materials, design, style or size are named, such specifications may be construed to be shown solely for the purpose of indicating the standard of quality, performance or intended use.

Where indicated, brands of equal quality, performance and use may be considered by the County, provided the Bidder submits with their bid the brand, model, product number and other data necessary for comparison. The Bidder should submit such additional materials only when the County specifically requests; otherwise, additional materials may render the bid non-responsive. The County retains the sole right to accept or reject substitutions.

1.18. Evaluation of Bids and Contract Award

1.18.1. Bids will be evaluated by the County to determine which bid, if any, may be deemed to be the lowest responsive bid from a responsible bidder. Bids that are conditioned in any way, or Bids that take exception in any way to Pierce County’s Terms and Conditions will result in the bid being considered non-responsive.

1.18.2. Responsive: The County will consider all the material submitted by the Bidder, and other evidence it may obtain otherwise, to determine whether a bid is responsive.

1.18.3. Responsible: In determining the responsibility of the Bidder, the County may consider the Bidder’s ability, capacity and skill to perform the Contract or provide the service required (inspection of the Bidder’s facility may be required prior to award); character, integrity, reputation, judgment and efficiency; financial resources to perform the Contract properly and within the times specified; quality and timeliness of performance on previous contracts with the County and other agencies, including, but not limited to, the effort necessarily expended by the County and other agencies in securing satisfactory performance and resolving claims; compliance with federal, state and local laws and ordinances relating to public contracts; other information having a bearing on the decision to award the Contract. Failure of a Bidder to be deemed responsible or a bid to be responsive may result in bid rejection.

1.18.4. Contract award, if any, will be made by the County to the responsible Bidder who submitted the lowest responsive bid. The County will have no obligations until an award is made and an order placed with the Contractor. The County reserves the right to award one (1) or more contracts as determined to be in the County’s best interest. The County may accept any individual item, or group of items, or schedules of any bid, unless otherwise stated herein.

1.18.5. The County reserves the right to accept or reject any bid, any portion of any bid and/or all bids in their entirety or in part. Pierce County further reserves the right, without obligation, to waive as an informality any irregularities in any bid or in the bidding and to contract in the best interest of Pierce County.

1.18.6. Bidder shall bid all or partial items as required in the Bid Schedule in order to be eligible for award. In the event of a discrepancy between the unit price and the extended amount for a bid item, the unit price will govern.

Revised 3/26/2026 Page 7 of 25

1.19. Forms Required Before Contract Award

1.19.1. The Bidder shall submit, within ten (10) Days of notification from the County, the applicable documents, insurance, bonds, sworn statements, and other requirements prior to award. Failure by the Bidder to submit required documents may result in rejection of the bid. The required forms will be sent by the County via e-mail to the Bidder.

1.20. Rejection of Bid

1.20.1. The County reserves the right to reject any bid for any reason or to waive as an informality any irregularities in any bid or in the bidding. In consideration for the County’s review and evaluation of its bid, the Bidder waives and releases any claims against the County arising from any rejection of any or all bids, including any claim for costs incurred by Bidders in the preparation and presentation of bids submitted in response to this ITB. In addition, Bidders waive the costs of providing additional information requested.

1.21. Single Bid Receipt

1.21.1. If the County receives a single responsive, responsible bid, the County may extend the bid acceptance period and/or conduct a price or cost analysis on such bid.

The Bidder shall promptly provide all cost or pricing data, documentation and explanation requested by the County to assist in such analysis. By conducting such analysis, the County shall not be obligated to accept the single bid; the County reserves the right to reject such bid or any portion thereof.

1.22. Equal Bids

1.22.1. If two or more responsible bidders submit responsive bids with identical Bid Prices, the County will select the successful bidder publicly using a random selection process.

1.23. Public Disclosure of Bids

1.23.1. After bid opening, bid submittals and any resulting Contracts shall be considered public documents and will be available for inspection and copying by the public in accordance with the Public Records Act, Chapter 42.56 RCW (the “Act”).

1.24. Cooperative Purchasing

1.24.1. The Washington State Interlocal Cooperative Act RCW 39.34 provides that other governmental agencies may purchase goods and services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties are willing. The Contract maximum for this contract per annual term, or for any renewal period, is for Pierce County’s use only. Other agencies may use this contract up to their contract limits, if any, exclusive of and in addition to the County’s contract maximum.

2. POST AWARD

2.1. Award of the Contract

2.1.1. Written notification will be mailed or otherwise furnished to the bidder the County determines is responsible and who submitted the lowest responsive bid. Within 10 calendar days after the notice of proposed award, the apparent successful bidder shall return the signed contract or other specified award documents prepared by the County, insurance certification as required and any other pre-award information the County requires.

Revised 3/26/2026 Page 8 of 25

Until the County executes said contract, no proposal shall bind the County to execute a contract, nor obligate it to bear any expense pursuant to the Invitation for Bids. Neither shall any work begin within the project limits or within the County furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the County executes the contract.

2.2. Contract Renewal Periods (2.2.2. below applies to Goods only, 2.2.3. applies to services)

2.2.1. This proposed agreement shall remain in effect for a period of one year from and after its effective date and shall automatically be renewed on a year-to-year basis (for the maximum term of the contract which is 5 years), thereafter unless either party hereto serves notice upon the other party of its intention to cancel at least 30 days before the end of the first or any successive term. Prices will be considered firm for the first 12 months of the contract. No change in services or prices will be allowed without the written consent of both parties.

2.2.2. For Goods: Prices will be subject to increase or decrease in the same proportion as changes occur in the vendor's certified costs, provided the vendor requests an adjustment from the Purchasing Department 30 days prior to the effective date. The written request shall be accompanied by written proof of said changes in cost to the vendor and is subject to acceptance by Pierce County Procurement and Contract Services. The County shall have the option of accepting the price change or canceling the balance of the contract. All price decreases must be offered to the County as applicable.

2.3. Inspections

2.3.1. Of the Work

2.3.1.1. All materials furnished and work done shall be subject to inspection. The Inspector administering the Contract shall at all times have access to the work wherever it is in progress or being performed, and the Vendor shall provide proper facilities for such access and inspection. Such inspection shall not relieve the Vendor of the responsibility of performing the work correctly, utilizing the best labor and materials in strict accordance with the Specifications of the Contract. All material or work approved and later found to be defective shall be replaced without cost to Pierce County.

2.3.2. Inspector’s Authority

2.3.2.1. The Inspector shall power to reject materials or workmanship which do not fulfill the requirements of these Specifications, but in case of dispute the Vendor may appeal to the Pierce County Purchasing Agent, whose decision shall be final. The Contract shall be carried out under the general control of the representative of the particular Department administering the Contract, who may exercise such control over the conduct of the work as may be necessary, in his or her opinion, to safeguard the interest of Pierce County. The Vendor shall comply with any and all orders and instructions given by the representative of the particular Department administering the Contract in accordance with the terms of the Contract. Nothing herein contained, however, shall be taken to relieve the Vendor of his/her obligations or responsibilities under the Contract.

2.4. Federal, State, and Municipal Regulations

Revised 3/26/2026 Page 9 of 25

2.4.1. This Agreement shall be subject to all applicable laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington.

2.5. Guarantee

2.5.1. This supplier and/or manufacturer of the supplies, material and/or equipment furnished pursuant to this Contract agrees to correct any defect or failure of the supplies, materials and/or equipment which occurs within one year from the date of: (1) test energization if electrical or mechanical equipment; (2) commencement of use if supplies or materials, provided, however, said guarantee period shall not extend beyond eighteen months after date of receipt by the County. All of the costs (including shipping, dismantling and reinstallation) of repairs and/or corrections of defective or failed equipment, supplies and/or material is the responsibility of the supplier and/or manufacturer. When the supplier is not the manufacturer of the item or equipment, supplier agrees to be responsible for this guarantee and supplier is not relieved by a manufacturer's guarantee.

The supplier hereby assigns to the County the contractor’s right to enforce all manufacturer’s warranties for materials or systems incorporated into the work, to the extent defects which are not corrected by the supplier under their guarantee. The supplier shall provide evidence of all manufacturers’ warranties prior to acceptance. The Contract guarantee period shall be suspended from the time a significant defect is first documented by the County until the work or equipment is repaired or replaced by Vendor and accepted by the County. In addition, in the event less than ninety (90) days remain on the guarantee period (after deducting the period of suspension), the guarantee period shall be extended to allow for at least ninety (90) days from the date the work or equipment is repaired or replaced and accepted by the County.

2.6. Bidder’s Duty To Examine

2.6.1. The Bidder agrees to be responsible for examining the drawings, specifications, delivery schedules, delivery locations, and all instructions. Failure to do so will be at the Bidder's risk.

2.7. Permits

2.7.1. The Vendor shall procure and pay for all permits and licenses necessary for the completion of this Contract including those permits required by Pierce County. In the event a necessary permit is not obtained the Vendor will not be permitted to work on items subject to said permit and any delays caused thereby will not be subject to extra compensation or extension.

2.8. Force Majeure

2.8.1. Definition: Except for payment of sums due, neither party shall be liable to the other or deemed in default under this contract if and to the extent that such party’s performance of this contract is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and could not have been avoided by exercising reasonable diligence. Force majeure shall include acts of God, war, riots, strikes, fire, floods, epidemics, or other similar occurrences.

2.8.2. Notification: If either party is delayed by force majeure, said party shall provide written notification within forty-eight (48) hours. The notification shall provide evidence of the force majeure to the satisfaction of the other party. Such delay shall cease as soon as

Revised 3/26/2026 Page 10 of 25 practicable and written notification of same shall be provided. The time of completion shall be extended by contract modification for a period of time equal to the time that the results or effects of such delay prevented the delayed party from performing in accordance with this contract.

2.8.3. Rights Reserved: The County reserves the right to cancel the contract and/or purchase materials, equipment or services from the best available source during the time of force majeure, and Contractor shall have no recourse against the County.

2.9. Survival

2.9.1. The provisions of the following paragraphs, the provisions of the non-collusion affidavit, and the liability of the Vendor for default during the term of the Agreement shall survive, notwithstanding the termination or invalidity of this Agreement for any reason:

Bid Price and Taxes

Guarantee

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EXHIBIT B – STATEMENT OF WORK

1. SCOPE OF WORK

Provide Pierce County with HESCO Floodline 4836 storm barriers, or a County‑approved equivalent, as needed. The County needs 1,542’ of storm barriers by the middle of October 2026. Storm barriers and associated hardware shall comply with the following specifications:

1.1. Technical Specifications

1.1.1. Geotextile-lined units suitable for a wide range of uses, including the construction of walls and barriers, flood protection, protection against accidental explosions, and homeland security applications. Units must be suitable for flood areas where damage from floating debris may be an issue.

1.1.1.1. Specifications

1.1.1.1.1. Dimensions

1.1.1.1.1.1. Unit: SL4836 (Green) or approved equivalent

1.1.1.1.1.2. Height: 4’

1.1.1.1.1.3. Width: 3’

1.1.1.1.1.4. Length: 15’

1.1.1.1.2. General Specification

1.1.1.1.2.1. Must be geotextile-lined, welded mesh barrier coated to

ASTM A 856

1.1.1.1.2.2. Geotextile must be heavy-duty, non-woven, permeable, polypropylene fabric

1.1.1.1.2.3. All wires must conform to BS EN 10218-2: 2012

1.2. Delivery Site

1.2.1. Pierce County Central Maintenance Facility (CMF) located at 4812 196th Street E, Spanaway, WA 98387

2. MONITORING/COMPLIANCE

2.1. The County may monitor Contractor’s performance of the work and compliance with laws and regulations. Monitoring may include, but is not limited to:

2.1.1. Reviews of invoices and backup documentation.

2.1.2. Reviews of compliance with background checks, licensing and certification requirements, prevailing wage requirements, and other terms of the resulting agreement.

2.1.3. Physical observation and inspections of job site, if applicable.

2.1.4. Reviews of records related to the performance of the resulting agreement, including personnel and other records, policies, procedures, or service delivery data.

2.1.5. Reviews regarding the quality, appropriateness, and timeliness of services provided under the resulting agreement.

2.1.6. Inspections and/or audits of financial records.

Revised 3/26/2026 Page 12 of 25

2.2. The Contractor shall notify the County when an entity other than the County performs an audit or review described under this section related to any activity contained in the resulting agreement.

2.3. Upon request by the County, the Contractor shall provide records related to the performance of the resulting agreement.

3. CORRECTIVE ACTION PLAN

3.1. If the Contractor defaults as defined in the Termination for Default section of the General Terms and Conditions, or is at risk of default, the County may require the Contractor to develop and execute a corrective action plan (CAP), which must be submitted for approval to the County within 30 calendar days of notification. CAPs may require modification of policies or procedures by the Contractor relating to the fulfillment of its obligations pursuant to the resulting agreement. The County may extend or reduce the time allowed for corrective action depending upon the nature of the situation.

3.1.1. CAPs must include:

3.1.1.1. A brief description of the situation requiring corrective action.

3.1.1.2. The specific actions to be taken to remedy the situation.

3.1.1.3. A timetable for completion of the actions.

3.1.1.4. Identification of individuals responsible for implementation of the plan.

3.1.2. Corrective action plans are subject to approval by the County, which may:

3.1.2.1. Accept the plan as submitted.

3.1.2.2. Accept the plan with specified modifications.

3.1.2.3. Request a modified plan.

3.1.2.4. Reject the plan.

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EXHIBIT C: BID FORM

1. Pricing Proposal

1.1. The quantities shown below are what the County intends to purchase initially. The County reserves the right to purchase additional HESCO Floodline 4836 Units or approved equals at the price quoted below throughout the life of the subsequent contract. The basis of payment will be the actual unit price of the bid item in accordance with these specifications. Total bid calculations are to include shipping costs.

1.2. If bidder intends to supply an equivalent to the requested bid item, this must be submitted to the County via an e-mail to the address listed on page 1 of this bid packet prior to the bid due date and time.

1.3. In the case of a mathematical error, unit price will take precedence. Pierce County reserves the right to reject any and all bids, to waive as an informality any irregularity in bids and to accept any item in the bid.

1.4. Pierce County will not be liable for any costs incurred by the bidder in preparation of any bid proposals submitted in response to this Request for Bids.

1.5. Pierce County is required to pay State sales tax (or use tax if vendor does not collect sales tax) but is exempt from Federal excise tax.

1.6. Bidders must bid on all bid items to be considered responsive.

Line

Item Description Initial Quantity

Bidder’s

Manufacturer

& Part #

Unit Price per

Linear Foot **

Extended Price

HESCO Floodline

4836 Unit or approved equal, geotextile-lined flood barrier

1542 Linear

Feet

Total* $

The unit price bid price includes all costs associated with the delivery of the product.

*Washington State sales tax is not to be calculated at time of bid submittal.

**All prices shall include freight FOB to the destination delivery point. The County will reject requests for additional compensation for freight charges.

2. INVOICING

2.1. The Contractor shall bill the County monthly using an invoice form acceptable to the County.

2.2. The Contractor shall submit invoices to Pierce County Planning and Public Works at pcpwcontractservices@piercecountywa.gov no later than fifteen (15) calendar days after each billing period ends.

2.3. The Contractor shall include the following items with each invoice:

2.3.1. The Contract Number

2.3.2. The County-Issued PO Number

mailto:pcpwcontractservices@piercecountywa.gov

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2.3.3. Delivery Location

2.3.4. The start and end date of the billing period.

2.3.5. Pricing Breakdown

2.3.6. Documentation to support the amount of the request for reimbursement.

2.3.7. A brief narrative of the services provided, including:

2.3.7.1. Deliverables completed and submitted.

2.3.7.2. Information required to be reported in Exhibit B – Statement of Work, and documentation to support the reported information.

2.4. The County shall issue payment no later than thirty (30) calendar days after receipt of a properly completed invoice. Invoices that are incomplete or missing required documentation may result in delayed payment.

2.5. The County reserves the right to modify the invoice form as necessary. The County will provide any revisions or changes to the Contractor in a timely manner.

2.6. Fiscal Year End. The Contractor shall:

2.6.1. Submit the final invoice for the calendar year in the following January, no later than the specific date to be provided by the County.

2.6.2. For Agreements ending in any month other than December, submit the final invoice no later than the specific date to be provided by the County.

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EXHIBIT D – CONTRACT COMPLIANCE

1. Non-Segregated Facilities. The Contractor certifies that no segregated facilities are maintained and will not be maintained during the execution of the resulting agreement at any of Contractor's establishments.

1.1. The Contractor further certifies that none of the Contractor's employees are permitted to perform their services at any location under the Contractor's control during the life of the resulting agreement where segregated facilities are maintained. The Contractor certifies further that they will not maintain or provide for the employees any segregated facilities at any of its establishments, and that they will not permit the employees to perform their services at any location, under his control, where segregated facilities are maintained.

1.2. The Contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in the resulting agreement. As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom, or otherwise.

1.3. The Contractor agrees that identical certifications from proposed contractors will be obtained prior to the award of any subcontracts. Contractor will retain a copy of any subcontractor's certification and will send original to County.

2. Non-collusion and Debarment. The Contractor certifies that said firm, association or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exclusion, or determination of eligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have a proposed debarment pending;

and has not been indicted, convicted or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

3. General Non-discrimination Information. It is the policy of the Pierce County Executive and County Council to foster an environment that encourages economic growth and diversification, business development and retention, increases competition and reduces unemployment.

3.1. In accordance with Initiative 200 and RCW 49.60, vendors seeking to do business with Pierce County shall not give preference in the award of subcontracts to any person or firm or discriminate against any person or firm on the basis of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

3.2. Pierce County will take measures necessary to ensure nondiscrimination in all contracts, programs and activities to help remedy the effects of discrimination against minorities and women, and to prevent the County from directly or indirectly participating in or perpetuating the effects of such discrimination.

3.3. All parties doing business with Pierce County are encouraged to utilize local businesses and County residents where qualifications and cost effectiveness are deemed competitive.

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EXHIBIT E – GENERAL TERMS & CONDITIONS

1. Accounting and Payment for Contractor Services. Payment to the Contractor for services rendered under the resulting Agreement shall be as set forth in Exhibit "C." Where Exhibit "C" requires payments by Pierce County, payment shall be based upon billings, supported unless otherwise provided in Exhibit "C," by documentation of units of work actually performed and amounts earned, including where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested. Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing the resulting Agreement for Pierce County, (hereinafter referred to as the "Contracting Officer",) the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract.

Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, through the County voucher system for the Contractor's service pursuant to the fee schedule set forth in Exhibit "C."

2. Amendments. All amendments to the resulting Agreement shall be in writing and signed by each of the parties.

3. Applicable Law and Venue. The resulting Agreement shall be governed, construed, and interpreted according to the laws of the State of Washington. In the event either Contractor or County deems it necessary to institute legal action or proceedings to enforce any right or obligation under the resulting Agreement, Contractor and County agree that any such action or proceedings shall be brought in Pierce County Superior Court. Contractor and County shall be responsible for their own attorney’s fees and costs.

4. Assignment and Subcontracting. No portion of the resulting Agreement may be assigned to any other individual, firm, or entity without the prior express written approval of County. The County has the right to request copies of all subcontracts, agreements, or memorandum of understandings if subcontracting is approved. All subcontracts must incorporate or include all terms and conditions of the resulting Agreement.

5. Background Checks. The Contractor may be required to conduct criminal background checks on all staff, volunteers, and subcontractors accessing certain buildings or systems under the resulting Agreement.

Specific background check requirements may be included in Exhibit B, Statement of Work or a Work Assignment, if applicable.

6. Confidentiality. The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of the resulting Agreement, except upon the prior written consent of the Pierce County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information.

Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees, and costs resulting from Contractor's breach of this provision.

7. Close-Out. Contractor shall submit to County at the end of the period of performance of the resulting Agreement all financial, performance, and other reports as required by Exhibits B and C of the resulting Agreement.

8. Compliance with Laws. The resulting Agreement shall be subject to all applicable laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington, and to any other provisions set forth in Exhibit E.

Revised 3/26/2026 Page 17 of 25

9. Conflict of Interest and Code of Conduct. County may, in its sole discretion, by written notice to Contractor, terminate the resulting Agreement if it is found, after due notice and examination by County or its agent that there is a violation of chapter 42.23 RCW, or any similar statute involving the Contractor in the procurement of, or performance of the resulting Agreement. In the event the resulting Agreement is terminated as provided above, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of a breach of the resulting Agreement by Contractor. The rights and remedies of County provided for in this section (9) shall not be exclusive and are in addition to any other rights and remedies provided by the resulting Agreement or law. The existence of facts upon which the County decides under this section (9) shall be an issue and may reviewed as provided in the Dispute Resolution section (14) below.

10. Contractor Commitments, Warranties, and Representations. Any written commitment received from the Contractor concerning the resulting Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes but is not limited to any representation made prior to execution of the resulting Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices, or options for future acquisition to remain in effect for a fixed period, or warranties.

11. Cooperative Purchasing. The Washington State Interlocal Cooperative Act RCW 39.34 provides other governmental agencies may purchase goods and services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties are willing. The Contract maximum for this contract per annual term, or for any renewal period, is for Pierce County’s use only. Other agencies may use this contract up to their contract limits, if any, exclusive of and in addition to the County’s contract maximum.

By ordering and providing service under terms of this contract to any other governmental agency or jurisdiction, the governmental agency and the Agency agree to indemnify, defend, and hold harmless Pierce County per section (13) below from any and all obligations, claims, or expenses, including attorney’s fees, arising out of such action.

12. Data Security. Contractor agrees to abide by and maintain adequate data security measures consistent with applicable laws and regulations and industry standards and best practices.

13. Defend, Hold Harmless, and Indemnity.

13.1. Contractor, and its officers, agents, employees, subcontractors, and/or consultants, agree to defend, indemnify and save harmless County and its appointed and elective officers and employees, from and against all loss or expense including, but not limited to, judgments, settlements, attorney’s fees and costs by reason of any and all claims and demands upon the County, and its elected or appointed officials or employees, for damages because of personal or bodily injury, including death, at any time resulting therefrom, sustained by any person or persons, or on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its officers, agents, employees, subcontractors, and/or consultants, successor or assigns, or the County, or its appointed or elected officers, employees or agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, or its appointed or elected officials or employees.

13.1.1. The preceding section (13.1) is valid and enforceable only to the extent of Contractor’s negligence where the damages arise out of services or work in connection with or collateral to, a contract or agreement relative to construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached

Revised 3/26/2026 Page 18 of 25 to real estate, including moving and demolition in connection therewith, a contract or agreement for architectural, landscape architectural, engineering, or land surveying services, or a motor carrier transportation contract and where the damages are caused by or result from the concurrent negligence of (1) the County or its agents or employees, and

(2) the Contractor or the Contractor’s agents or employees.

13.2. With respect to performance of the resulting Agreement and as to claims against the County, its officers, agents, and employees, Contractor expressly waives its immunity under RCW 51, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in the resulting Agreement extend to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties to the resulting Agreement.

13.3. In addition to any other remedy authorized by law, County may retain so much of the money otherwise due Contractor as deemed necessary by the County to ensure indemnification until disposition has been made of such suits or claims subject to the provisions of this section.

13.4. No liability shall attach to the County by reason of entering into the resulting Agreement, except as expressly provided herein.

13.5. Capital Projects

13.5.1. Contractor shall bear sole responsibility for damage to completed portions of the project and to property located off the project caused by erosion, siltation, run-off, or other related items arising during construction of the project.

13.5.2. Contractor shall also bear sole responsibility for any pollution of rivers, streams, ground water, or other waters which may occur as a result of construction operations.

13.5.3. Contractor shall exercise all necessary precautions throughout the life of the project to prevent pollution, erosion, siltation, and damage to property.

14. Dispute Resolution. Differences between Contractor and County arising under the resulting Agreement shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled, or other appropriate action may be promptly taken. Contractor and County shall meet and confer in good faith for the purpose of reaching a mutually satisfactory resolution of the dispute within fifteen (15) days of the date delivered or mailed postage paid to the County address identified on page one

(1) of the resulting Agreement, of said request.

14.1. The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Contracting Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within 10 days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the Work performed, labor and material used, and all costs and additional time claimed to be additional.

14.2. The Contractor shall not be entitled to claim any such additional compensation, or extension of…