2026-MPW-078_Bid_Packet.pdf

Division 00 - Procurement and Contracting Requirements Project Title

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PIERCE COUNTY PUBLIC WORKS

INVITATION TO BID NO. 2026-MPW-078

PROJECT TITLE: On-Call Civil Construction for Bridge, Culvert, and Other Miscellaneous Repair Services for Planning &

Public Works

All Bids are to be returned via the OpenGov Procurement Portal:

https://procurement.opengov.com/

PROCUREMENT CONTACT:

Lauren Dase, Pierce County Procurement & Contract Services

Phone: 253-798-7456

Email: PCPurchasing@piercecountywa.gov

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

Public Works BID Procurement Dates:

BID Issue Date: 7-22-2026

Questions Cut-off Date/Time: 7-29-2026 4:00 PM

Bid Due Date/Time: 8-5-2026 1:00 PM https://procurement.opengov.com/login

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TABLE OF CONTENTS

Cover Page

Table of Contents

Advertisement to Bid

Instructions To Bidders

Bid Forms & Bid Bond

Sample Service Agreement & Pierce County Forms

General Provisions

Insurance Requirements

Prevailing Wages Requirements

Attachments:

Exhibit A – Scope of Work

SUMMARY OF SERVICES:

The purpose of this Unit Priced Invitation to Bid (RCW 36.32.235) is for the Pierce County Planning and Public Works Department to secure the services of a construction contractor to perform miscellaneous civil and heavy equipment construction services at various locations throughout Pierce County. Work is performed on an as-needed basis and in accordance with national, state, and local codes. The products must be installed per the product manufacturer’s technical specifications.

Pierce County is an Equal Opportunity Employer and encourages women, minorities, and Pierce County businesses that are qualified to perform this work to submit a bid on this project or to offer their services as a supplier or subcontractor.

END OF SECTION

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ADVERTISEMENT

On-Call Civil Construction for Bridge, Culvert, and Other Miscellaneous Repair Services for Planning & Public Works

2026-MPW-078

SCOPE OF WORK: The purpose of this Unit Priced Invitation to Bid (RCW 36.32.235) is for the Pierce County Planning and Public Works Department to secure the services of a construction contractor to perform miscellaneous civil and heavy equipment construction services at various locations throughout Pierce County. Work is performed on an as-needed basis and in accordance with national, state, and local codes. The products shall be installed per the product manufacturer’s technical specifications.

Contractors must have the capability to provide materials, labor, and all necessary equipment to perform a variety of small- to large-sized projects.

PROJECT ESTIMATE: The initial anticipated contract value is up to $750,000.00, not including WA State Sales Tax. The County reserves to add funding when necessary.

HOLDER’S LIST: BIDDERS WHO REGISTER AND DOWNLOAD BID DOCUMENTS will be automatically added to the bidder’s list in the OPENGOV Bidding Software. Notifications for bid updates, addenda, and other bid information will be sent to all bidders who register with Pierce County OPENGOV and are a ‘Bidder’ under this bid number. Instructions to register as a bidder are available at https://procurement.opengov.com.

PRE-BID QUESTIONS: All questions must be submitted within the Pierce County OPENGOV software, under the Questions and Answers tab, no later than 7/29/26, 4:00 PM PST. Bidders must be registered in the OPENGOV software to submit questions. Oral explanations, interpretations, or instructions given by anyone before the award of a contract will not be binding on the County.

COMPLETION TIME: The initial Contract Period of Performance will be one (1) year, commencing from the date of the Notice to Proceed, with the option to renew for an additional one (1) year. Total contract time is not to exceed two (2) years.

BID DUE DATE/TIME: Bids must be submitted via the Pierce County OpenGov Procurement Portal at https://procurement.opengov.com/ and will be received until 1:00 P.M. PST, 8/5/26. The bid opening will be performed via a Zoom meeting 30 minutes after Bid Due Time/Date (link: Zoom Bid Opening.)

BID SECURITY: A 5% bid bond must accompany all bids, and a 100% payment and performance bond will be required from the successful bidder.

PREVAILING WAGES: Minimum wage rates for labor to be used under this contract have been determined by the Washington State Department of Labor and Industries. See the Contract Compliance Procedures for Public Works Projects included in the specifications.

https://procurement.opengov.com/ https://piercecountywa.zoom.us/j/5187808948?pwd=N0ZKVWNRYVJsRlhHM1ZYS21RV3BTQT09

Division 00 - Procurement and Contracting Requirements Instructions To Bidders (Wo)

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PART 1 - GENERAL BIDDING CONSIDERATIONS

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 “Additive Bid” (or “Additive”) is an amount stated in the Bid to add specified features of the work.

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

D. "Apprenticeship" is defined as, "a combination of on-the-job training (OJT) and related classroom instruction under the supervision of a journey-level craft person or trade professional in which workers learn the practical and theoretical aspects of a highly skilled occupation.

E. "Award" means the formal decision by the County notifying a Responsible Bidder with the lowest responsive Bid of the County’s acceptance of the Bid and intent to enter into a

Contract with the Bidder.

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

Award.

G. 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.

H. 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.

I. 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 County.

J. The “Bid Form” is the form(s) included with the Bidding Documents, with Specification

Section 00 40 00, through which a Bidder submits a Bid.

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

L. The “Bidding Documents” include the Advertisement or Invitation to Bid, Instructions to

Bidders, the Bid Form, any other sample bidding and contract forms, the Bid Bond, and the proposed Contract Documents, including any Addenda issued prior to the Bid Date.

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M. 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.

N. 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 EXAMINATION OF CONTRACT DOCUMENTS AND REGULATIONS

A. Each Bidder shall thoroughly examine and be familiar with the Contract Documents including the terms and conditions, specifications, qualification requirements, any other requirements, and if included, drawings or addenda contained within this solicitation package.

B. Each Bidder has an obligation to notify Pierce County (herein after also referred to as

“County”) in writing, via the E-Procurement Portal, and prior to the bid opening, of any ambiguity or inconsistency in or between the Contract Documents or overly stringent qualifications. Failure to notify the Procurement and Contract Specialist via E-procurement portal, prior to the bid opening of any such ambiguity or inconsistency the Bidder discovered or should have discovered shall result in the waiver of any and all rights of the Bidder to claim additional time or compensation, if the County executes the Contract (i.e., the County signs the Agreement, 00 50 00), relating to or arising from the ambiguity or inconsistency. If questioning required bid qualifications, bidders shall submit in writing their objections to the contract specialist listed seven calendar days prior to the bid due date.

C. The submittal of a bid shall constitute an acknowledgment upon which the County may rely that the Bidder has obtained, thoroughly examined, and is familiar with the Contract

Documents and has reviewed and inspected all applicable federal, state and local statutes, ordinances and regulations relating to the work and all permits which have been applied for and/or issued pertaining to the work.

D. The failure or neglect of a Bidder to obtain, receive, or examine any of the Contract

Documents, statutes, ordinances, regulations and permits shall in no way relieve the Bidder from any obligations with respect to its bid or to the Contract. No claim for additional compensation or time will be allowed based upon a lack of knowledge or misunderstanding of any of the Contract Documents, statutes, ordinances, regulations, permit requirements, or other materials referenced or incorporated herein.

E. The work will be assigned to the Contractor by Work Orders; each Work Order will address the scope of work and time of completion, and shall be performed as directed by the Project

Representative and in accordance with the Technical Specifications and Drawings issued with each Work Order. Work will be performed on a time and material basis. The County does not guarantee any minimum amount of work.

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1.03 ADDENDA & CLARIFICATION OF CONTRACT DOCUMENTS

A. No oral clarification or interpretations will be made to any Bidder as to the meaning of the

Contract Documents. Requests for clarification shall be made within the Pierce County

Procurement Portal (Opengov.com) software, under the Question & Answer Tab by the date listed in 00 10 00. The County may not respond to requests for clarification that are received outside of this timeframe.

B. Addenda will be posted to the Procurement Solicitation page and upon issuance are part of the Contract Documents.

C. Clarifications are for information purposes only, do not affect any changes to the Contract

Documents, and are not part of the Contract Documents. Clarifications will be messaged to all bidders registered through the Procurement Portal.

D. Bidders shall not rely upon any oral statements or conversations, whether at the pre-bid conference or otherwise, they may have with County employees, agents, or representatives regarding the Contract Documents.

E. To receive email notifications of addenda, clarifications, or other important information concerning this solicitation, you must register for the solicitation to indicate your interest and receive notifications. Only firms that have indicated interest or created a response will be notified that an addendum has been issued.

1.04 NOT USED

1.05 WAGES

A. This Contract is subject to Chapters 39.12 and 49.28 RCW, amendments thereto and regulations issued thereunder, relating to prevailing wages, benefits and other requirements.

Bidders shall examine and be familiar with such requirements. No claim for additional compensation will be allowed which is based upon a lack of knowledge or a misunderstanding of any such requirements by the Contractor or a failure to include in the

Bidder's bid price wages in affect at the time of bid. For the initial 365 days of the Contract, Bidders must comply with the current prevailing wage rates set forth by the Washington

State Department of Labor & Industries. If the County elects to extend the Contract for an additional year, the Contractor must comply with the prevailing wage rates in effect at the beginning of the second year for the remainder of the Contract. No other adjustments to wage rates are allowed under this Contract.

1.06 PROGRESS AND COMPLETION

A. Time is of the essence for this Contract. Progress and completion of each Work Order shall comply with all requirements herein, and intermediate Substantial Completion and Final

Completion of a Work Order dates as may be set forth in the Work Orders.

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1.07 PREVENTION OF ENVIRONMENTAL POLLUTION AND PRESERVATION OF PUBLIC

NATURAL RESOURCES

A. If a Contract is executed by the County, the Contractor shall fully comply with all such environmental protection laws, ordinances and regulations dealing with prevention of environmental pollution and the preservation of public natural resources that may be applicable to this Project. The cost of such compliance shall be included in the bid prices.

1.08 NON-DISCRIMINATION IN CONTRACTING

A. It is the policy of the County to provide equal employment opportunities and an equal opportunity for all businesses to participate in providing goods and services to the County.

1.09 RECYCLED PRODUCTS POLICY

A. The Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract. If the cost of recycled paper is more than fifteen percent higher than the cost of non-recycled paper, the Contractor shall notify the County, who may waive the recycled paper requirement.

B. The Contractor agrees to use both sides of paper sheets for copying and printing, and to use recycled/recyclable products wherever practical.

1.10 “OR EQUAL” REQUESTS

A. Except as provided in sub-paragraph B below, when product, material or equipment is specified by one or more patents, brand names, or catalog numbers proprietary name or name of manufacturer or any combination thereof, it shall be understood that this is for the purpose of defining the performance process, article desired or other salient requirements, and shall be deemed to be followed by the words "or equal," whether or not such words appear. Other products, materials or equipment, of equal or better capacities, quality and function, may be considered by the Project Representative upon the Contractor's request for

“or equal” determination.

B. Under no circumstances will a substitution or a proposed “or equal” product be considered for an item which is identified as no equal, sole source, no substitutions and/or pre-qualified.

1.11 CONFLICT OF INTEREST—FORMER COUNTY EMPLOYEES

A. To avoid any actual or potential conflict of interest or unethical conduct, for one (1) year after leaving County employment, a former County employee may not:

1. Have a financial or beneficial interest in a contract that was planned, authorized or funded by a county action in which the former County employee participated during

County employment. “County action” includes, but is not limited to, determining the

Work to be done under the Contract.

2. Assist a person, whether or not for compensation, in any County action in which the former County employee participated during County employment. For purposes of this section, “assist” includes, but is not limited to preparing or consulting in preparation of the bid or performance of Work if the Bidder is awarded the Contract.

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B. As a matter of responsibility; the Bidder shall identify within the Responsibility Detail Form any employees who, for one (1) year after leaving County employment, were involved in the preparation of its bid. Failure to identify the employees involved may result in rejection of the bid.

C. After Contract Execution, the Contractor is responsible for notifying the Project

Representative of any employees who, for one (1) year after leaving County employment, may become involved in the Contract at any time during performance of the Work. Failure to identify the employees may result in termination of the Contract.

PART 2 - PREPARATION AND SUBMITTAL OF BIDS

2.01 GENERAL

A. Bids shall be made on the forms in 00 41 00 and include the bid guaranty. All blanks on the bid forms shall be filled in by ink or typed. Alterations, erasures, or interlineations within the blanks, if any, shall be in ink and initialed by the signer of the bid. The completed forms constituting the bid shall be in a PDF file format and submitted directly to the E-Procurement

Portal. All bids must be received before the Close Date/Time listed in the E-Procurement

Portal.

B. Do not submit the remainder of the Contract Documents. Bidders are warned against making alterations of any kind to the Form of Bid or, if applicable, the Bid Guaranty Bond. Bids which contain omissions, erasures or irregularities of any kind may be rejected. Any qualification, addition, limitation or provision attached to or contained in a bid may render the bid non-responsive. No oral, facsimile, telegraphic or telephonic bids or modifications will be considered.

C. All bids shall be signed by the Bidder, or the Bidder’s authorized representative. If the bid is made:

1. By an individual, the Bidder's name, signature, and address must be shown;

2. By a partnership or joint venture, it shall contain the names of each partner, the mailing address of the partnership or joint venture and shall be signed in the firm name, followed by the signature of the person signing, indicating that person's position in the partnership or joint venture; or

3. By a corporation, the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person who signs on behalf of the corporation must be shown.

D. The County is not responsible for any cost incurred in response to this Invitation to Bid.

E. Upon request of the County, the Bidder shall provide copies of the articles of incorporation, bylaws, resolutions of board of directors, partnership papers, joint venture agreements, and any other documents evidencing the legal status of the Bidder and the authority of the

Bidder’s officer or representative who signed the bid on behalf of the Bidder.

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2.02 TAXES – RETAIL SALES

A. The Work to be performed under this Contract constitutes a “retail sale” as such term is defined in RCW 82.04.050, and the Contract Price is subject to the State of Washington and local agency retail sales taxes. However, Bidders shall not include such retail sales tax on the Contract Price in their bids. Such retail sales tax will be calculated on the total Contract

Price and The County will add retail sales tax (state and local) on each progress payment and final payment to the Contractor for transmittal by the Contractor to the Washington State

Department of Revenue or to the applicable local government.

B. Other than state or local retail sales tax on the Contract Price as specified above and except as provided in subparagraph C of this paragraph 2.02, the Bidder shall include in the

Bidder’s proposed price(s) all applicable taxes which the Contractor will be required to pay for the Work under this Contract. For example, the County will not add sales tax the

Contractor pays on the purchase of tools, machinery, equipment or consumables not integrated into the Work. No adjustment will be made in the amount to be paid by the County under this Contract because of any misunderstanding by or lack of knowledge of the

Bidder/Contractor as to liability for, or the amount of, any taxes for which the

Bidder/Contractor is liable or responsible by or under this Contract or because of any increases in tax rates imposed by any federal, state or local governments.

C. Retail sales/use taxes, if any, payable on equipment, materials and other items provided hereunder to the Contractor by the County shall not be included in the Bidder’s proposed prices. If taxes on such items are required to be paid, the County shall make such payment, either through the Contractor or direct to the Washington State Department of Revenue.

2.03 BID GUARANTY

A. The bid shall be accompanied by a PDF file of an original bid guaranty in the amount equal to at least 5% of the Total Bid Price. Upon request by the County, bidder(s) shall provide the original bid guaranty which accompanied their electronic bid. The bid guaranty shall be in one of the following formats and made payable to PIERCE COUNTY: (1) a bid guaranty bond, using either the form provided in 00 41 00; or (2) a PDF copy of a postal money order, a certified check, or cashier's check drawn upon a banking institution with a branch office in the state of Washington. If Contractor elects to use (2), then the document must be delivered to Pierce County Finance, 1501 Market Street., Suite 420, Tacoma, WA 98402 within two hours of bid closing. The surety signing the bid guaranty bond shall be registered with the

Washington State Insurance Commissioner, and the surety's name shall appear in the current Authorized Insurance Company List in the State of Washington published by the

Office of the Insurance Commissioner. Failure to submit the PDF file of the original bid guaranty, or upon request by the County, provide the original bid guaranty, shall render the bid non-responsive and be rejected.

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B. The amount payable to the County under the bid guaranty bond, or the certified or cashier's check or postal money order and the amount thereof, as the case may be, shall be forfeited to the County in case of a failure or neglect of the Bidder to furnish, execute and deliver to the County all the forms required by these contract documents within the number of days specified therein, following the issuance of the Intent to Award. Forfeiture of the bid guarantee shall not limit the County’s right to recover damages from the Bidder caused by the Bidder’s failure to execute the Contract.

2.04 ACKNOWLEDGMENT OF ADDENDA

A. Each Bidder shall acknowledge all addenda issued during the solicitation in the Procurement

Portal.

PART 3 - BID EVALUATION AND REJECTION

3.01 OPENING AND POSTPONEMENT OF OPENING

A. At the time and place set forth in the Invitation to Bid for the opening and reading of bids, each and every bid (except those which may have been properly withdrawn) received prior to the scheduled closing time for receipt of bids will be publicly opened and read aloud by the

Pierce County Procurement staff. The public bid opening is limited to publicly reading the submitted bids. It is not to determine the adequacy or accuracy of the submitted bid package. The time and place set forth in the Invitation to Bid for opening and reading the bids may only be changed by addendum.

B. The County reserves the right to postpone the date and time for opening of bids at any time prior to the opening of bids via addendum.

C. The official time stamp clock for bid submittal will be the internal clock displayed within the

County’s Procurement Portal. Late bids will not be accepted.

D. Immediately following the bid opening, firms who have submitted a bid can access the bid submittal results via the Procurement Portal.

E. Within 24 hours after the bid opening, or until time has passed for submittal of all required bid form attachments, copies of bid submittals will be available to the public via the County’s

Procurement Portal.

F. Any document submitted to Pierce County pursuant to this Invitation to Bid (ITB) prior to

Contract Execution shall be considered a public record under chapter 42.56 RCW (the “Act”) and shall be available for public inspection and copying, unless exempt under the Act.

3.02 MODIFICATION AND WITHDRAWAL OF BIDS

A. Bidders are allowed to revise their submitted bid prior to the Close Date/Time. Bidders will not be allowed to revise their bid after the Close Date/Time.

B. Bidders may be allowed to withdraw their bid for justifiable reasons after the Close

Date/Time prior to Contract Execution, only as approved by the County.

3.03 BID VALIDITY

A. All Bids submitted shall be valid and binding on the bidder for a period of sixty days following the Bid submittal deadline and for any extension of time granted by the bidder.

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3.04 BID ERRORS, INFORMALITIES AND IMMATERIAL IRREGULARITIES

A. Prices set forth in the bid will be reviewed by the County for mathematical accuracy.

B. The County, in its sole discretion, reserves the right to waive minor bid errors, informalities, and immaterial irregularities when it is in the County’s best interest.

C. The County reserves the right to correct arithmetical errors and discrepancies between unit prices(s) and extended amount(s) and/or written words or numbers if the existence of the discrepancy is ascertainable from the face of the bid.

D. The unit price will always prevail if there is a discrepancy between the extended price and unit price.

E. Where the bid is readily susceptible of being interpreted as offering either one of two prices shown on the face of the bid, one of which is low and the other is not, the bid must be rejected. If the evidence of the arithmetical error or discrepancy is clear and convincing the

Bidder may be permitted to withdraw its bid.

F. In the event a Bidder believes it made an error on its bid, the Bidder shall provide written notice of such claim. The Bidder shall provide to the County supporting evidence for such claim including cost breakdown sheets. The County reserves the right to require the submittal of other bid records or information as the County may deem necessary to evaluate the Bidder’s claim of error, or any error as may be identified by the County during its review of the bid.

G. Any review by the County of a bid and/or any review of such a claim of bid 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 or

Contractor.

3.05 BID EVALUATION AND RESULTS

A. Following the Bid Close Date and Time, bids will be evaluated by County to determine which bid is the lowest, responsive bid submitted by a bidder.

B. The County will request the information, as specified in Section 00 45 13 Qualifications

Information, to determine the low responsive bidders’ responsibility.

C. Reciprocal Preference for Resident Contractors

1. In accordance with RCW 39.04.380, the County is enforcing a Reciprocal Preference for Resident Contractors. Any public works bid received from a Nonresident Contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that Nonresident Contractor. States that currently provide bidding percentage preferences to resident contractors are: Alaska, Nevada, New Mexico and Wyoming.

2. A "Nonresident Contractor" is a contractor that:

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

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

3. The state of residence for a Nonresident Contractor is the state in which the contractor was incorporated or, if not a corporation, the state where the contractor’s business entity was formed.

4. All Nonresident Contractors will be evaluated by the County for an out of state percentage bidding preference. If the state of the Nonresident Contractor provides a contractor percentage bidding preference, a Comparable Percentage Disadvantage

(“CPD”) will be applied, by the County, to the Nonresident Contractor’s Total Bid Price during bid evaluation. The CPD is the percentage bidding preference advantage, provided by the Nonresident Contractor’s home state.

5. For the purpose of determining the low bidder, the County shall multiply the Nonresident

Contractor’s Total Bid Price by the CPD. The CPD shall be added to the Nonresident

Contractor’s Total Bid Price which equates to the Nonresident Contractor’s

Disadvantage Total Bid. This Nonresident Contractor’s Disadvantage Total Bid shall be compared to the other bidder(s) Total Bid Price(s) for the solicitation and the bidder with the lowest total bid shall be the low bidder for this solicitation.

3.06 QUALIFICATIONS OF BIDDER

A. In accordance with RCW 39.04.350 the low responsive bidder shall demonstrate, to the satisfaction of the County, that the Bidder and/or its project team are responsible and qualified to perform the Work under this Contract. The Bidder shall complete and submit the required information electronically, via email, if requested by the County, to the Procurement

Specialist identified in 00 10 00, within the time specified. In the event a Bidder fails to provide qualification information as required, or other information requested by the County, the Bidder may be rejected as not responsible.

3.07 BID EVALUATION CONFERENCE

A. Prior to Intent to Award, if requested by the County, the low responsive Bidder shall attend bid evaluation conference(s). The County will hold a bid evaluation conference only if the

County deems it is necessary. The Bidder shall bring to the conference any documents or information required by the County as necessary for review.

B. By conducting a bid evaluation conference, the County does not waive its right to make determinations regarding responsiveness and responsibility of the Bidder.

3.08 SINGLE BID RECEIVED

A. If the County receives a single responsive, responsible bid, the County shall have the right, at its sole discretion, to 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 cost and price 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.

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B. By way of explanation but not as limitation, the terms "price analysis" and "cost analysis" are generally described as follows: (1) price analysis" means the process of examining and evaluating a bid price without evaluating its separate cost elements and proposed profit; and

(2) "cost analysis" means the review and evaluation of the separate cost elements and proposed profit of (a) the Bidder's cost or pricing data, and (b) the judgmental factors applied in projecting from the data to the estimated costs, in order to form an opinion on the degree to which the proposed costs represent what the contract should cost, assuming reasonable economy and efficiency.

3.09 TIE BIDS

A. In the event of a tie bid the following shall apply:

1. A standard U.S. coin of any type will be used that has two distinguishable faces and is agreed upon by the bidders.

2. The bidder with the earliest timestamp bid submission will call heads or tails prior to the coin flip.

3. The contract specialist or designated back-up of a similar position within Pierce County will flip the coin.

4. The coin must be flipped with a reasonable amount of effort to ensure enough rotations to be considered fair by rational standards.

5. The coin flip will be performed at 1501 Market Street in the main lobby in Tacoma, Washington 98402.

6. The contractor shall send a representative to attend the coin flip.

7. The coin flip shall be witnessed by at least one additional Pierce County employee.

8. A sign-in sheet will be maintained to ensure recorded observation of the coin flip.

9. The coin flip shall occur within two business days of the bid due date/time.

3.10 CANCELLATION OF ITB OR REJECTION OF BIDS

A. Bidders are advised that the County reserves the right to:

1. Cancel the procurement at any time prior to Contract Execution, or

2. Reject any and all bids for any reason, including, but not limited to:

a. any bid which contains any omission, erasure or irregularity;

b. any bid which has any qualification, addition, limitation, or provision attached to or contained in the bid;

c. any bid in which prices are unbalanced in the opinion of the County;

d. any bid accompanied by insufficient or irregular bid guaranty;

e. any bid found non-responsive by the County;

f. any Bidder found by the County to be not responsible or prequalified;

g. any Bid that adds provisions reserving the right to reject or accept the Award, or enter into the Contract;

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h. the bid form is not properly executed;

i. an unsatisfactory performance record exists based on past or current Contracting

Agency Work;

j. the Bidder failed to settle bills/invoices for labor, materials, apprentice utilization penalties on past or current contracts;

k. any bid for which a Bidder fails or neglects to complete and submit any qualifications information within the time specified by the County and as may be otherwise required herein.

l. any bidder found to be debarred by a local, state, or federal agency.

B. In submitting a bid, a Bidder acknowledges and agrees that it is not entitled to any compensation, costs, or damages relating to bid preparation or resulting from the County’s decision to cancel a bid or procurement or refusal to execute a contract.

C. All costs incurred in the preparation of a Bid and participation in this procurement shall be borne by the bidders.

3.11 COLLUSION

A. If the County determines that collusion has occurred among the Bidders, none of the bids of the participants in such collusion will be considered. The County's determination of collusion shall be conclusive.

PART 4 - AWARD AND EXECUTION OF CONTRACT

4.01 GENERAL

A. Within the number of days stated on the Form of Bid, after the bid Close Date and Time, the

County will accept a bid and issue an Intent to Award, reject all bids, or take such other action as may be in its best interest. The County reserves the right to request extensions of the bid acceptance period.

B. Within ten (10) days the Bidder is to execute and deliver to the County all the forms listed in

00 50 00 following the issuance of the Intent to Award.

C. If the Bidder experiences circumstances beyond their control that prevents return of the

Contract documents within ten (10) days after receiving the Intent to Award, the County may grant up to a maximum of ten (10) additional days for return of the forms listed in 00 50 00, provided the County deems the circumstances warrant it.

D. The County will presume that any person signing or modifying the bid prior to its submittal or signing the contract on behalf of the Bidder is authorized to bind the Bidder.

E. After Contract Execution, the Contractor will be sent a fully executed electronic copy of the executed Contract Document(s).

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4.02 PERFORMANCE AND PAYMENT BOND

A. The Bidder to whom the County issues the Intent to Award for this Contract shall furnish a

Performance and Payment Bond, in accordance with 00 50 00, only on the form provided in

00 50 00, in the amount of 100% of the Not to Exceed amount for this Contract, as security for the faithful performance and completion of the work. Such bond must be executed, dated and sealed by a duly licensed surety(ies) which is registered with the Washington State

Insurance Commissioner, and the surety's(ies') name shall appear in the current Authorized

Insurance Company List in the state of Washington published by the Office of the Insurance

Commissioner. The surety should be bound by an attorney-in-fact, preferably a resident of this County, but certainly of the State of Washington. The scope of the Performance and

Payment Bond or the form herein prescribed shall in no way affect or alter the liabilities of the Contractor to the County under the terms of the Contract Documents. The County may require the surety(ies) to appear and qualify themselves upon the bond. If at any time the

County determines, in its sole judgment, that the surety(ies) are insufficient, the County may require the Contractor to furnish additional surety in form and arrangement satisfactory to the

County and in an amount not exceeding that originally required. Payments will not be made on the Contract until sufficient surety as required is furnished.

B. The person signing the Performance and Payment Bond, as Principal, shall also sign the

Contract. See 00 20 00, 2.01C for the signature requirements.

C. Bidder(s) shall submit a PDF file of the original fully executed Performance and Payment

Bond. Upon request by the County, Bidder(s) shall mail the original fully executed

Performance and Payment Bond.

4.03 INSURANCE

A. The County has established certain insurance requirements set forth in 00 73 16. The Bidder to whom the County issues the Intent to Award shall file with the County evidences of and certificates of insurance from insurer(s), as well as additional insured endorsements, certifying to the coverage of all insurance required herein. Any Bidder having questions about the insurance requirements should immediately contact the Procurement Specialist identified in 00 10 00. The County will not execute the Contract without approved Insurance documents. Failure to provide Insurance Documents will result in the rejection of the Bidder.

4.04 RETURN OF BID GUARANTIES

A. Any original hard copy bid guaranties requested and received will be held until the Contract has been fully executed. Thereafter, all original hard copy bid guarantees requested and received, and all PDF copies of bid guarantees in the form of a bond, postal money order, a certified check, or cashier's check will be returned to the respective Bidders. If the County upholds a Bidder's claim of error, the Bidder's bid guaranty will be returned with the County's final determination on the claim of error. The County will also return Bid Guaranties if all bids are rejected.

END OF SECTION

Division 00 - Procurement and Contracting Requirements Bid Form For Work Order

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BID FORM

BIDDER REGISTERED NAME:

BID DATE:

The Undersigned proposes to perform all work and furnish all labor, equipment, supplies, and materials, in accordance with the terms & conditions and prevailing wage requirements attached, which price is hereby designated as to the total proposal price for all necessary work.

The quantities shown in this document are an estimate only, being given only as the basis for the comparison of bids, and the County does not warrant, expressly or by implication, that the actual amount of work will correspond therewith, reserved by the County.

The basis of payment will be the actual unit bid price for the item of work performed and measured in accordance with these specifications. Unit Bid Price on each item is binding for the life of the subsequent contract. The total bid amount is for evaluation and award purposes only. All Items on this bid form must be completely filled out by the bidder to be considered responsive.

This work will be governed by a Unit-Price Public Works contract which will require contract bonds and retainage and adhere to prevailing wage requirements as mandated by applicable law. The initial amount for the unit price contract amount will be up to $750,000.00. In the case of mathematical error, the unit price will take precedence.

Item No.

Description UO M

QTY Unit Price Extended Price

1 Fully Burdened Heavy Equipment Operator Labor Rate, Straight-time

HR 1000 $ $

2 Fully Burdened Heavy Equipment Operator Labor Rate, Overtime

HR 65 $ $

3 Fully Burdened Truck Driver Labor Rate, Straight-time

HR 400 $ $

4 Fully Burdened Truck Driver Labor Rate, Overtime

HR 30 $ $

5 Fully Burdened General Labor Rate, Straight-time HR 500 $ $

6 Fully Burdened General Labor Rate, Overtime HR 40 $ $

7 Fully Burdened Flagger Rate, Straight-time HR 500 $ $

8 Fully Burdened Flagger Rate, Overtime HR 40 $ $

9 Excavator Equipment (28,000 Pounds Minimum, 89 Horsepower Minimum)

HR 40 $ $

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10 Excavator Equipment (60,000 Pounds Minimum, 168 Horsepower Minimum)

HR 40 $ $

11 Excavator Equipment (105,000 Pounds Minimum, 320 Horsepower Minimum) with Thumb

HR 80 $ $

12 Excavator Equipment (145,000 Pounds Minimum, 440 Horsepower Minimum) with Thumb

HR 80 $ $

13 Loader Equipment (40,000 Pounds Minimum, 200 Horsepower Minimum)

HR 20 $ $

14 Dozer Equipment (18,000 Pounds Minimum, 90 Horsepower Minimum)

HR 40 $ $

15 Smooth Drum Single Vibratory Roller Equipment (10 Ton Minimum)

HR 40 $ $

16 Solo Dump Truck Equipment (15 Tons) HR 100 $ $

17 Side Dump Equipment (32 Tons) HR 100 $ $

18 Truck and Pup Equipment (32 Tons) HR 100 $ $

19 Truck and Transfer Equipment (32 Tons) HR 100 $ $

20 Off-Road Dump Truck Equipment (19 Cubic Yard Capacity)

HR 100 $ $

21 Water Truck Equipment (3,000 Gallon Minimum) HR 20 $ $

22 Mobilization Demolition Fee, 1-day job (3-10 hours) EA 1 $ $

23 Mobilization Demolition Fee, 2-day jobs (11-20 hours)

EA 1 $ $

24 Mobilization Demolition Fee, 3-day jobs (21-30 hours)

EA 1 $ $

25 Mobilization Demolition Fee, 4-5-day jobs (31-50 hours)

EA 1 $ $

26 Mobilization Demolition Fee, 5 plus day jobs (50 +) hours

EA 1 $ $

TOTAL BID PRICE (bid items 1-26): $

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Mark-Up for Overhead & Profit for Job Classifications not included 1-8*

*Overhead & Profit Markup; Not included in the total bid amount – markup to be used if needed and at the discretion of Pierce County. Pierce County reserves the right to accept or reject the Markup amount listed on the bid form.

Washington State Sales tax will be paid on taxable amounts based on the rate of the location of service. The basis of payment for repairs will be the actual per-hour price of the item of work performed and measured in accordance with these specifications.

See ‘Unit Item Descriptions” in “Scope of Work” for description and definition of costs to include in Bid

Items

The County will award to a single responsive, responsible bidder who is the successful lowest bidder.

The County will have no obligations until an award is made and a work order is in place with the

Contractor.

The County does not guarantee utilization through any resultant contract.

All ground freight (shipping and delivery) expenses shall be included in the pricing structure.

The subcontractor’s rates on labor, materials, and overhead are to be capped at no greater than the prime contractor’s allowable rates under this bid/contract.

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BID FORM

ADDENDA: Bidder acknowledges review of all Addenda through No.

CONTACT INFORMATION:

FIRM:

ADDRESS:

CITY: STATE: ZIP:

NAME OF MAIN CONTACT FOR THIS BID:

PHONE:

EMAIL:

SUBMIT WITH THIS BID FORM AT TIME OF BID OPENING:

• Bidder Responsibility Information Form

• Bid Proposal Bond Form Completed by Bidder and Surety

SIGNATURE OF AUTHORIZED PERSON*:

PRINT NAME & TITLE:

DATE:

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

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

Federal Tax ID# (EIN or SSN – as applicable):

* If a corporation, 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.

Division 00 - Procurement and Contracting Requirements Bid Bond

PCS PW MASTER SET 00 43 13 - 1 2026-MPW-078

BID PROPOSAL BOND

KNOW ALL MEN BY THESE PRESENTS, That we of as principal, and the a corporation duly organized under the laws of the State of and authorized to do business in the State of Washington, as surety, are held and firmly bound unto Pierce County, State of Washington, in the full and penal sum of five (5) percent of the total amount of the bid proposal of said principal for the work hereinafter described, pursuant to and in compliance with the provisions of

RCW 36.32.235, for the payment of which, well and truly to be made, we bind our heirs, executors, administrators and assigns, and successors and assigns, firmly by these presents.

The conditions of this bond are such, that whereas the principal herein is hereby submitting his/her or its sealed proposal for the following public works construction, to wit:

said bid and proposal, by reference thereto, being made a part hereof.

NOW, THEREFORE, if said proposal bid by said principal be accepted, and the contract be awarded to said principal, said principal shall duly make and enter into and execute said contract and shall furnish bond as required by RCW 36.32.235 within 10 days after notice of the award, exclusive of the day of notice, then this obligation shall be null and void, otherwise it shall remain and be in full force and effect.

IN TESTIMONY WHEREOF, the principal and the surety have caused these presents to be

.signed and sealed this __________________ day of __________________________, 20

Principal

Surety

(Attach Copy of Power of Attorney

Division 00 - Procurement and Contracting Requirements Bid Bond

PCS PW MASTER SET 00 43 13 - 2 2026-MPW-078

for any signatures by Attorney in Fact)

Division 00 - Procurement and Contracting Requirements Public Works Contract Template For

Wo

PCS PW MASTER SET 00 50 00.01 - 1 2026-MPW-078

PIERCE COUNTY PUBLIC WORKS CONTRACT

AGREEMENT BETWEEN

PIERCE COUNTY AND CONTRACTOR

THIS AGREEMENT is made and entered into between PIERCE COUNTY, a State of Washington municipal corporation, hereinafter designated as the "County," and:

The "Contractor": (Legal Name)

(Address)

(Address 2)

(Phone No.)

The “Project” is: (Title)

(Contract No)

(Project Address)

(Project Address 2)

The “Project Representative” is: (Representative)

(Title)

(Email)

(Phone No.)

The “Contractor’s Representative” is: (Representative)

(Title)

(Email)

(Phone No.)

BACKGROUND AND BINDING REPRESENTATIONS:

The County has caused Contract Documents, including (without limitation) those listed in the definition of

"Contract Documents" in the General Conditions and any bond(s), to be prepared for the performance of Work on the Project. All such Contract Documents are incorporated herein to this Contract by reference. Contractor has previously reviewed and agreed to all Contract Documents other than this Contract and agrees that the

Owner maintains the official copy of the complete Contract Documents.

The County publicly solicited bids on the Contract Documents. The Contractor submitted a bid to the County on the day 2026 offering to perform the Work on the terms specified in the Contract Documents.

PCS PW MASTER SET 00 50 00.01 - 2 2026-MPW-078

The Contractor represents that it has the personnel, experience, qualifications, capabilities, and means to accomplish the Work in strict accordance with the Contract Documents, within the Contract Time and for the

Contract Price, and that it and its Subcontractors satisfy the responsibility criteria set forth in the Contract

Documents, including any supplemental responsibility criteria.

The Contractor further represents that it has carefully examined and is fully familiar with all provisions of the

Contract Documents, including any Addenda, that it has fully satisfied itself as to the nature, location, difficulty, character, quality, and quantity of the Work required by the Contract Documents and the conditions and other matters that may be encountered at or near the Project site(s), or that may affect performance of the Work or the cost or difficulty thereof including all applicable safety and site responsibilities, and that it understands and can satisfy all scheduling and coordination requirements and interim milestones

AGREEMENT:

The County and the Contractor agree to incorporate the preceding paragraphs and further agree as follows:

1.0 CONTRACTOR TO FULLY PERFORM THE WORK

The Contractor shall fully execute and complete the entire Work described in the Contract Documents, except to the extent specifically indicated in 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, Issued Work Orders, and all Addenda issued prior to, and all modifications issued after, execution of the

Contract.

2.0 DATE OF COMMENCEMENT

The date of commencement of the Work, which is the date from which the Contract Time is measured, shall be fixed as the date the Notice to Proceed is issued.

3.0 CONTRACT TIME

The Initial Contract Period of Performance will be One (1) Year, commencing from the date of Contract

Execution, with the option to renew for an additional year. Total contract time is Not to Exceed Two (2) Years.

4.0 CONTRACT PRICE

In accordance with the Contractor’s bid dated [ ], and in exchange for the Contractor’s timely and satisfactory completion of the Work, the County shall pay the Contractor in current funds for the Contract Price of__________ dollars and cents, subject to additions and deductions as provided in the Contract Documents.

State and local sales tax is not included in the Contract Price but will be due and paid by the County with each work order payment.

5.0 INSURANCE AND BONDS

The Contractor shall purchase and maintain insurance and provide bonds as set forth in the Contract

Documents.

PCS PW MASTER SET 00 50 00.01 - 3 2026-MPW-078

This Agreement is entered into as of the day and year last written below:

This Agreement, including all documents incorporated by reference, contains all the terms and conditions agreed upon by the parties.