2026-MPW-241_-_Div_00_-_Solicitation.pdf

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Attached to
Orangegate Park Phase 1 Site Improvements
Solicitation number
2026-MPW-241
Issued by
Pierce County, Washington

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This is a Division 00 Procurement and Contracting Requirements solicitation document issued by Pierce County Public Works for Invitation to Bid No. 2026-MPW-241 for the Orangegate Park Phase 1 Site Improvements project. The project involves new park development consisting of a parking lot, restrooms, covered shelters, playground, trails, and accompanying utilities and infrastructure on approximately 40 acres north of 84th Street East in Tacoma, Washington. The project scope includes an ADA nature playground, bioswales and wetland areas, an off-leash dog park, park shelters, a restroom/maintenance building, soft-surface hiking trails, a safe pedestrian crossing of 84th Street East, and connection through Orangegate South to the Pipeline Trail. The optional pre-bid walkthrough is scheduled for October 13, 2026, at 10:00 AM at the Pipeline Trailhead parking lot (4526 84th St E, Tacoma, WA 98446). The questions cutoff date is October 21, 2026, at 4:00 PM, with bids due November 4, 2026, at 1:00 PM via the OpenGov Procurement Portal. The bid opening will occur via Zoom 30 minutes after the bid due time. The contractor must achieve substantial completion within 310 calendar days of Notice to Proceed and final completion within an additional 30 calendar days, for a total of 340 calendar days.

The project estimate is $6,000,000 to $6,700,000, excluding Washington State Sales Tax, which will be added by Pierce County to progress and final payments. A 5% bid bond is required with bid submission, and a 100% performance and payment bond will be required from the successful bidder. In accordance with RCW 39.04.320, a minimum of 15% of labor hours must be performed by apprentices on this public works project estimated at over $2 million. Pierce County will pay fees for the General Building Permit and Plan Review, but the contractor is responsible for any specialty or other permits and must include such fees in the bid. The successful bidder will be responsible for liquidated damages of $3,529.00 per calendar day for failure to meet completion deadlines. Bids must be submitted electronically via the OpenGov Procurement Portal, and all bidders must register in the system to receive notifications of addenda, clarifications, and other important solicitation information. The contract documents include specifications organized into 27 divisions covering concrete, masonry, metals, wood, thermal and moisture protection, openings, finishes, specialties, equipment, furnishings, special construction, conveying equipment, fire suppression, plumbing, HVAC, electrical, communications, electronic safety and security, earthwork, exterior improvements, utilities, transportation, process integration, and water/wastewater equipment.

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Division 00 - Procurement and Contracting Requirements Orangegate Park Phase 1 Site Improvements

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PIERCE COUNTY PUBLIC WORKS

INVITATION TO BID NO. 2026-MPW-241

PROJECT TITLE: Orangegate Park Phase 1 Site Improvements

PROJECT NO.: P-111031

All Bids are to be returned via OpenGov Procurement Portal:

https://procurement.opengov.com/

PROCUREMENT CONTACT:

Aaron Bible, 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: 10-07-2026 Pre-Bid Date / Time 10-13-2026 10:00am

Questions Cut-off Date/Time: 10-21-2026 4:00pm Bid Due Date/Time: 11-04-2026 1:00pm https://procurement.opengov.com/login

Division 00 - Procurement and Contracting Requirements Table Of Contents

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PROCUREMENT AND CONTRACTING REQUIREMENTS

1.01 DIVISION 00 -- PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 01 - Project Title Page

00 01 10 - Table of Contents

00 11 13 – Advertisement for Bids

00 20 00 - Instructions to Bidders

00 41 00 – Bid Form

00 43 13 – Bid Bond

00 43 36 – Subcontractor List Form

00 50 00 – Sample Public Works Contract Form

00 61 13 – Contract Bond (Sample Form)

00 61 23 – Retainage Bond (Sample Form)

00 72 00 - General Conditions

00 73 16 – Insurance Requirements

00 73 44 – Apprenticeship Utilization Requirements

00 73 49 – Prevailing Wage Compliance

ATTACHMENTS:

2026_0820_Orangegate_BID_SET_Appendices.pdf

2026_0820_Orangegate_BID_SET_Drawings.pdf

2026_0820_Orangegate_BID_SET_Specifications.pdf

Division 00 - Procurement and Contracting Requirements Table Of Contents

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SPECIFICATIONS

2.01 DIVISION 01 -- GENERAL REQUIREMENTS

2.02 DIVISION 02 -- EXISTING CONDITIONS

2.03 DIVISION 03 -- CONCRETE

2.04 DIVISION 04 -- MASONRY

2.05 DIVISION 05 -- METALS

2.06 DIVISION 06 -- WOOD, PLASTICS, AND COMPOSITES

2.07 DIVISION 07 -- THERMAL AND MOISTURE PROTECTION

2.08 DIVISION 08 -- OPENINGS

2.09 DIVISION 09 -- FINISHES

2.10 DIVISION 10 -- SPECIALTIES

2.11 DIVISION 11 -- EQUIPMENT

2.12 DIVISION 12 -- FURNISHINGS

2.13 DIVISION 13 -- SPECIAL CONSTRUCTION

2.14 DIVISION 14 -- CONVEYING EQUIPMENT

2.15 DIVISION 21 -- FIRE SUPPRESSION

2.16 DIVISION 22 -- PLUMBING

2.17 DIVISION 23 -- HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC)

2.18 DIVISION 25 -- INTEGRATED AUTOMATION

2.19 DIVISION 26 -- ELECTRICAL

2.20 DIVISION 27 -- COMMUNICATIONS

2.21 DIVISION 28 -- ELECTRONIC SAFETY AND SECURITY

2.22 DIVISION 31 -- EARTHWORK

2.23 DIVISION 32 -- EXTERIOR IMPROVEMENTS

2.24 DIVISION 33 -- UTILITIES

2.25 DIVISION 34 -- TRANSPORTATION

2.26 DIVISION 40 -- PROCESS INTEGRATION

2.27 DIVISION 46 -- WATER AND WASTEWATER EQUIPMENT

END OF SECTION

Division 00 - Procurement and Contracting Requirements Advertisement For Bid

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ADVERTISEMENT

Orangegate Park Phase 1 Improvements

2026-MPW-241

SCOPE OF WORK: New park development consisting of parking lot, restrooms, covered shelters, playground, trails, and all other accompanying utilities, infrastructure, and elements as shown on the Contract Drawings and Specifications.

* Pierce County will pay fees for the General Building Permit and Plan Review for this project. The Contractor is responsible for any specialty or other permits required for this project and shall include such fees in their bid.

PROJECT ESTIMATE: $6,000,000 - 6,700,000 not including WA State Sales Tax

APPRENTICESHIP UTILIZATION: In accordance with RCW 39.04.320, for all public works estimated to cost two million dollars or more, the State of Washington requires no less than fifteen percent (15%) of the labor hours be performed by apprentices. Please refer to the bid documents for further information under section 00 73 44.

PRE-BID WALKTHROUGH AND SITE EXAMINATION: Optional, pre-bid walk-through will be held at Orangegate Park on Tuesday 10/13/16 at 10:00AM PST. Please meet at 4526 84th St E, Tacoma, WA 98446 (Pipeline Trailhead parking lot).

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, addendum 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/login.

PRE-BID QUESTIONS: All questions must be submitted within the Pierce County OPENGOV software, under the Questions and Answer Tab not later than 10/21/2026, 4:00PM PST. Bidders must be registered in the OPENGOV software to submit questions. Oral explanations, interpretations, or instructions given by anyone before award of a contract will not be binding on the County.

COMPLETION TIME: The successful bidder will be required to substantially complete all basic bid work within 310 CALENDAR DAYS OF NOTICE TO PROCEED. The Contractor will have an additional 30 CALENDAR DAYS to reach Final Completion and Acceptance for a total of 340

CALENDAR DAYS.

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 1:00PM PST, Wednesday, 11/4/2026.

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://app.leg.wa.gov/RCW/default.aspx?cite=39.04.320 https://piercecountywa.procureware.com/home https://piercecountywa.procureware.com/home https://piercecountywa.procureware.com/home https://procurement.opengov.com/ https://piercecountywa.zoom.us/j/5187808948?pwd=N0ZKVWNRYVJsRlhHM1ZYS21RV3BTQT09 https://piercecountywa.zoom.us/j/5187808948?pwd=N0ZKVWNRYVJsRlhHM1ZYS21RV3BTQT09

Division 00 - Procurement and Contracting Requirements Instructions To Bidders - Project Specific

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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 the County, 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 Bidder is questioning qualifications, bidders shall submit in writing their objections to the E-Procurement Portal within seven calendar days of the bid due date/time.

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.

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 in 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 on the E-Procurement Solicitation page and upon issuance are part of the Contract Documents.

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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 E-Procurement system.

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 INSPECTION OF WORK SITE

A. Bidders shall carefully inspect and compare the work site and Contract Documents to satisfy themselves, by personal examination, physical testing or by such other means as they may prefer, of the location of the work, the actual physical conditions of the site, surface and subsurface conditions, and conditions ordinarily encountered and generally recognized as inherent in the work. Bidders shall obtain written permission from property owner prior to entering the site and prior to conducting physical testing. If, during the course or as a result of such inspection, examination and testing, a Bidder finds facts or conditions which appear to conflict with the letter or spirit of the Contract Documents, or with any other data or material made available to the Bidder relating to the work, the Bidder shall promptly notify the County for additional information and clarification before submitting a bid by submitting questions through the E-Procurement Portal prior to the question submittal deadline.

B. The submittal of a bid shall constitute the Bidder's acknowledgment, based on the Bidder’s own knowledge, examination, inspection and testing as well as review of the Contract Documents, that the Bidder has satisfied itself as to the following: (1) the quality, character and quantity of subsurface conditions materials or obstacles to be encountered insofar as this information is reasonably ascertainable from the inspection of the site and Contract Documents; (2) access to the site; (3) environmental factors and mitigation requirements; (4) all other data, matters and conditions requisite to the fulfillment of the work; (5) conditions ordinarily expected to be encountered or generally recognized as inherent in the work; (6) requirements imposed by easements and permits; and, (7) existing and available services and utilities at and in the vicinity of the site of the work and not on any representation or warranty of the County. No claim for additional compensation will be allowed which is based upon a misunderstanding or lack of knowledge, examination, inspection and/or testing of any of the above items by the Bidder.

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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 adequate increases in such wages during the performance of this Contract.

1.06 PROGRESS AND COMPLETION

A. Time is of the essence for this Contract. Progress and completion of the work shall comply with all requirements herein, and intermediate and final completion dates as may be set forth in the specifications. The submittal of a bid constitutes the Bidder's acknowledgment that such intermediate and final completion requirements have been taken into account in formulating its bid for this Work.

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 C 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.

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B. Bidders (no subcontractors, suppliers, or materialmen) may submit written requests for approval of an “or equal” determination during the bidding period. Requests must be submitted, via email to the Procurement Specialist, not later than ten (10) days prior to the bid opening. Proposed “or equal” products, materials, or equipment not added to the technical specifications by addenda five (5) days prior to the bid opening are due shall be considered having been rejected as not equal.

C. 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.

D. Bidders must provide sufficient documentation (information similar to that which is required for a substitution request (CSI form 13.1A)), to enable the County to review the product documentation and determine if the products, materials, or equipment are “equal”. Bidder shall provide any additional documentation requested by the County in a prompt and timely manner.

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.

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.

1.12 APPRENTICESHIP UTILIZATION REQUIREMENT

A. This bid requires the 15% apprenticeship utilization of total labor hours. Reference Section

00 73 44.

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

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.

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.

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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 directly 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 40 00; or (2) 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) from above, 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.

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 E-

Procurement system.

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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 a member of 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.

C. The official time stamp clock for bid submittal will be the internal clock displayed within the County’s E-Procurement system. 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 E-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 E-Procurement system.

F. Any document submitted to Pierce County pursuant to this 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.

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 the unit price.

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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.

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

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.

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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 any required information electronically, if requested by the County, via email 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 extend the bid acceptance period for an additional 45 days and 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.

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.

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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 good cause, 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;

g. 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.

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.

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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. Under no circumstances will the Bidder have more than ten (10) days to return the properly executed Agreement and Performance and Payment Bond.

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).

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 Contract Price, including any and all adjustments to the Contract Price, 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.

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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. 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 postal money order, a certified check, or cashier's check will be returned to the respective Bidders. PDF copies of bid guarantees in the form of a bond shall be returned upon request. 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.

Division 00 - Procurement and Contracting Requirements Bid Form

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BID FORM

BIDDER REGISTERED NAME: ________________________________________________

BID DATE: ________________________________________________________________

Having carefully examined all drawings & specifications prepared by Pierce County, as well as the premises and conditions affecting the work, the Undersigned proposes to furnish all labor, equipment, and materials and perform all work for this project in accordance with the drawings, specifications, and addenda (if any), for the consideration of the following amounts. Please note: all items on the bid form need to completed to be considered responsive.

# Description UOM Extended Price

BASIC BID ITEMS:

1 BASIC BID (Orangegate Park Phase 1 Site Improvements) 1 LS $

*BASIC BID SUBTOTAL $

SUBSTITUTIVE ALTERNATES: PER SECTION 01 23 00

A1 Substitutive Alternate 01: Picnic Shelter 1 1 LS $

ADDITIVE ALTERNATES: PER SECTION 01 23 00

A2 Additive Alternate 02: OLA (Off Leash Area) Loop Trail 1 LS $

A3 Additive Alternate 03: OLA Clearing 1 LS $

A4 Additive Alternate 04: Split Rail Fence Along 84th St E 1 LS $

A5 Additive Alternate 05: Contractor Furnish, Owner Install Trail Directional Signs 1 LS $

A6 Additive Alternate 06: Contractor Furnish, Owner Install Trail Entry-Large Signage in Greater Orangegate Park Land

1 LS $

*ALTERNATE BID SUBTOTAL (Bid Items A1-A6) $

*TOTAL BID PRICE (Basic Bid Subtotal + Alternate Bid Subtotal) $

*Sales tax will be paid on taxable amounts based on the rate of the location of service - NOT TO BE INCLUDED in bid pricing.

EVALUATION OF BIDS: In accordance with the provisions of these Contract Documents, Bids will be evaluated to determine the lowest Base Bid Subtotal offered by a responsible Bidder submitting a responsive bid.

AWARD: For the purposes of awarding the contract and determining responsible, responsive bid, bids are evaluated on the base bid and any combination of alternates and additives that the Owner chooses to exercise. Pierce County reserves the right to award base bid and all or none of the alternates or additives. It is anticipated that any alternate bids for additional or related work will be accepted at the time contract award

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is made.

LIQUIDATED DAMAGES: The Undersigned acknowledges and agrees to abide by all provisions of the Liquidated Damages of $3,529.00 as it pertains to the Contractor for all work under this Contract. The Undersigned further agrees to pay to the Owner as liquidated damages the sum calculated for each consecutive calendar day that is in default after the time for completion specified herein as per section 007200-10.07 of Pierce County General Conditions.

APPRENTICE UTILIZATION REQUIREMENTS: As of July 1, 2026, all public works contracts with an Engineer's Estimate of $1,500,000.00 or more are required to have an apprenticeship utilization plan submitted by the winning contractor per RCW 39.04.320, where fifteen (15) percent of the labor hours must be performed by apprentices. A monetary incentive and monetary penalty will be applied to the contractor failing to meet the utilization requirement and failing to demonstrate a Good Faith Effort (GFE) per the Apprenticeship Utilization Requirement Section. The contractor's Base Bid shall include a lump sum amount, excluding Washington State Sales Tax for this cost. If contractor is submitting a GFE for this bid, the bidder should enter "not applicable" in the blank below and check the "yes" box indicating they intend on submitting a GFE.

Apprenticeship Utilization Requirement (dollar total in written figures only):

Has the bidder been found out of compliance with the Washington State apprenticeship and training council for working apprentices out of ratio, without appropriated supervision, or outside their approved work processes as outline in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation: ________ (Yes/No)?

TRENCH EXCAVATION SAFETY PROVISIONS: If the contract contains any work which requires trenching exceeding a depth of four feet, all costs for adequate trench safety systems shall be identified as a separate bid item in compliance with Chapter 39.04.180 RCW. The purpose of this provision is to ensure that the bidder agrees to comply with all the relevant trench safety requirements of Chapter 49.17 RCW. This bid amount shall be considered as part of the total base bid set forth above. If trench excavation safety provisions do not pertain to this project, put N.A. for the below.

Trench Excavation Safety Provisions Only (dollar total in written figures only): __________________________

TIME OF COMPLETION: The Contractor shall be required to Substantially Complete all Base Bid and Alternate Bid work within 310 Calendar Days of Notice To Proceed. The Contractor will have an additional 30 CALENDAR DAYS for a total of 340 CALENDAR DAYS to reach Final Completion and Acceptance.

ADDENDA: Bidder acknowledges review of all Addenda through No.

CONTACT INFORMATION:

FIRM: ______________________________________________________________________

ADDRESS: __________________________________________________________________

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CITY: STATE: ZIP: ________

NAME OF MAIN CONTACT FOR THIS BID: _______________________________________

PHONE: _________________________________

EMAIL: _________________________________

SIGNATURE OF AUTHORIZED PERSON*: _________________

PRINT NAME & TITLE: _________________

DATE: ___________________________

*to determine 'authorized' person reference Division 00 'Instructions to Bidders'

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.

THE FOLLOWING DOCUMENTS ARE TO BE SUBMITTED WITH THIS BID FORM:

• Bidder Responsibility Information Form

• Bid Bond Form

• Subcontractors List Form

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BIDDER RESPONSIBILITY INFORMATION FORM (TO BE SUBMITTED WITH BID):

State of Washington Contractor's License No:

Unified Business Identifier (UBI) No:

Employment Security Department No:

DEBARMENT: Bidder has not been disqualified from bidding on any public works contract under RCW 39.06.010 or

39.12.065? ☐ YES ☐ NO

PREVAILING WAGES TRAINING: Bidder has received training on the requirements related to public works and prevailing wage under chapter 39.04 and chapter 39.12 RCW or are exempt from the training per

RCW 39.04.350: ☐ YES ☐ NO

TITLE VI COMPLIANCE

Pierce County, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national…

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