24057IFB Weathering Steel Poles.pdf

24-057-IFB Cover Page Weathering Steel Poles

Fabrication & Delivery of Weathering Steel Poles South County Transmission Loop Project (REBID)

Bid No. 24-057-IFB

PUBLIC UTILITY DISTRICT NO. 1 OF LEWIS COUNTY

December 2024

24-057-IFB TOC Weathering Steel Poles

Weathering Steel Poles IFB: 24-057-IFB

Table of Contents Section A: Invitation For Bids

Section B: Instruction To Bidders

Section C: Bid Submission

Section D: Bid Evaluation

Section E: Awarding of Contract

Section F: Supplemental Instructions & Requirements

Section G: General Conditions of the Contract Agreement

PART 1 – GENERAL PROVISIONS

PART 2 – INSURANCE AND BONDS

PART 3 – TIME AND SCHEDULE

PART 4 – SPECIFICATIONS, DRAWINGS, AND OTHER DOCUMENTS

PART 5 – PERFORMANCE

PART 6 – PAYMENTS AND COMPLETION

PART 7 – CHANGES

PART 8 – CONTRACTOR’S CLAIMS

PART 9 – TERMINATION OF THE WORK

PART 10 – MISCELLANEOUS PROVISIONS

The following documents and their sub-divisions are hereby incorporated into the Solicitation Documents and any subsequent contractor agreement.

EXHIBIT – A: Requirments EXHIBIT – B: Sample Contract Agreement EXHIBIT – C: Sample Payment & Performance Bond Forms EXHIBIT – D: Drawings EXHIBITS E & F: Reserved (Not used for this solicitation)

The following documents must be fully completed, signed, and submitted with any bid proposal.

ATTACHMENT – A: Bid Proposal Form ATTACHMENT – B: Bid Bond Form ATTACHMENT – C: Certificate of Compliance for work in Washinton State ATTACHMENT – D: Proposer Information ATTACHMENT – E: Bid Proposal Checklist ATTACHMENT – F: Proposed Materials Data Form

24-057-IFB Section A: Invitation Weathering Steel Poles

Section A: Invitation For Bids Bid No.: 24-057-IFB

Title: Weathering Steel Poles REBID for the South County Loop Delivery site: 107 N. Military Road, Winlock, WA 98596 Pre-Bid Meeting: Not Currently Scheduled Questions Due: E.O.B. January 3, 2025 Bid Due Time/Date: 2:00 P.M., January 16, 2025 Project Window: Delivery of Poles: Per Exhibit A (Approx May 2025) Prevailed Wages: May be REQUIRED. See Section F.

Prequalified Status: NOT REQUIRED Roster: NOT REQUIRED to be on Districts Vendor Roster Federal Funds: Federal Funds may be used on this Project.

Bid Guaranty: REQUIRED to be submitted.

Payment Bond: REQUIRED for awarded contract.

Performance Bond: REQUIRED for awarded contract.

Retainage: NOT REQUIRED Scope of Work: Contractor shall provide labor, equipment, materials for fabrication and delivery of Weathering Steel Poles in accordance with the design specifications listed in Exhibit A: Requirements & Exhibit D: Drawings. Bids must be for the items and/or alternates as specified by the Contract Documents. No bid for less than complete item(s) request will be considered. Alternate bids not called for in the specifications will be considered at the discretion of the District.

SEALED Responses will be accepted at the Public Utility District No. 1 of Lewis County (District) until 2:00 PM Local, January 16th, 2025, whereafter they will be opened and read aloud. Clearly identify your package as follows:

Public Utility District No. 1 of Lewis County 24-057-IFB | REBID for Weathering Steel Poles 321 N.W. Pacific Avenue Chehalis, Washington 98532

Complete plans and specifications and contract documents are available to interested and qualified parties at the District’s solicitation website: https://www.lcpud.org/bids.

Bid Forms: All proposals must be made on DISTRICT provided Bid Proposal forms in accordance with the Instructions to Bidders. An electronic copy of the bid shall also be submitted to the solicitation website.

Late Proposals: Bids received after the Sealed Bid Time will not be considered. Bidders accept all risks of late delivery, regardless of fault. The DISTRICT is not responsible for any costs incurred in response to this proposal process.

The Solicitation Representative is Marc Ripley, Procurement and Contract Supervisor, and is the sole point of contact in the District for this procurement. All communication with the District regarding this solicitation shall be with the Solicitation Representative.

Marc Ripley | Procurement & Contract Supervisor 321 N.W. Pacific Avenue, Chehalis, WA 98532 | 360-345-1609 | marcr@lcpud.org https://www.lcpud.org/bids mailto:marcr@lcpud.org

24-057-IFB Section B Weathering Steel Poles Page 1 of 7

Section B: Instruction To Bidders

1. Instructions and Bid Requirements. Bidders will observe the instructions as presented within this document and as amended. These instructions are considered essential and supplemental to those contained in the solicitation documents and must be observed in preparing bids.

2. Questions? Persons interested in responding to this Invitation for Bids shall only contact the contract the Solicitation Representative.

3. Where to find Bid Documents? Complete documents, plans, specifications and contract documents are available to interested and qualified parties. Documentation is available through https://www.lcpud.org/bids.

4. What you need to know before bidding. Potential respondents to this invitation should make themselves aware of the following:

a. Know the conditions affecting the work including a site investigation. When submitting a proposal or bid, the bidder acknowledges that it has taken steps reasonably necessary to ascertain the nature and potential locations of the Work, that it has carefully examined the Bid Documents and the potential work sites, and that it has investigated and satisfied itself as to all general and local conditions, and with all applicable Federal, State, and local laws, ordinances, rules, and regulations that may in any manner affect the performance of the Work or its cost.

b. Know the surface and subsurface conditions. Bidder acknowledges that it has satisfied itself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the potential sites, including all exploratory work done by District, as well as from the drawings and specifications made a part of the Bid Documents. Bidder represents that it has correlated the results of all such data with the requirements of the Bid Documents.

c. Know Project Site Conditions. Bidder acknowledges that adjoining areas will be conducting normal operations during the work. Bidder should anticipate pedestrian and traffic congestion, limited parking, and the requirement that the work be coordinated with ongoing operations.

d. Pre-Submittal meeting. Not Currently Scheduled.

e. Time is of the essence. Bidder acknowledges that its bid is based upon a schedule and assumptions which incorporate these conditions.

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Liquidated Damages where applicable to this Work. The District and the Contractor agree that establishing the precise amount of actual damage incurred by the District due to delay would be difficult to determine. The Contractor hereby agrees the amounts set forth as Liquidated Damages are reasonable amounts and are not a penalty. The amount of the Liquidated Damage, where and when required, are stipulated in Section F: Supplemental Instructions & Requirements. The maximum total of accumulated Liquidated Damages will not exceed 10% of the final contract price.

f. Be aware of Addendums. Any changes, additions or deletions to the solicitation documents shall be made addendum only. Should a potential respondent find discrepancies in or omissions from the provided documents, or should he be in doubt as to their meaning, they shall at once notify the District’s Solicitation Representative, and if the point in question is not clearly and fully set forth, a written addendum will be provided. It is up to each interested respondent to monitor the District’s communication for addendums to the contract documents.

Each person requesting an interpretation will be responsible for the delivery of his request to the District’s Project Manager for this particular project. The District will not be bound by nor be responsible for any other explanation or interpretations of the proposed documents than those given in writing as set forth in this paragraph.

Oral instructions, interpretations or representations shall not be binding upon the District. Any addenda issued prior to the final time of receiving bids shall be properly acknowledged on the bid forms when the bid is submitted and shall become a part of the Contract Documents.

g. Where needed, include Trenching Safety Costs. If this project will involve trench excavation in excess of a depth of four feet, Bidder shall include a lump sum dollar amount in the space indicated on the Bid Proposal Form for the cost of the trench safety systems for the trench excavation. The costs of trench safety systems shall not be considered as incidental to any other contract item, and any attempt to include the trench safety systems as an incidental cost is prohibited. Identification of this amount is an acknowledgment that the Bidder has considered proper safety provisions in the bid amount but does not relieve the Bidder of responsibility for full compliance with all laws and statutes regardless of their actual cost. A bid that identifies the cost of the trench safety systems as “N/A,” ‘zero,” or “0.00” shall be declared non-responsive.

h. Be aware that this bid contains Estimated Quantities. Any quantities on the Bid

Proposal Form are estimates and are stated for bid comparison purposes. The District does not warrant expressly or by implication that the actual quantities of work will correspond with the estimated quantities. The District reserves the right to increase the dollar amount of the Contract for the Contractor to perform additional work consistent with the scope of work for the project.

i. Be aware of the prevailing wages for the area(s) where work is to be performed.

Bidders understand that they will be required to comply with the laws of the State

24-057-IFB Section B Weathering Steel Poles Page 3 of 7 of Washington governing Prevailing Wages. The bidder is cautioned that the laws of the State of Washington are amended from time to time by the legislature and are also interpreted by the courts. Determination of and compliance with current law is the responsibility of the bidder. See Section G. General Conditions of the Contract Agreement, sub-section 5.04, for detailed information.

j. Include the cost of bonds and insurance. Bidder shall include in its bid the cost of all insurance and bond costs required by the Contract Documents to complete the base bid work and all additives and alternates.

k. Identify Bid Products. Bids must be based upon use of items named in the specifications, or approved equals or substitutions. In certain cases, specific items have been named because of operational or maintenance considerations; approval of equals or substitutions should not be assumed.

Requests for approval of equals or substitutions must be made in writing and received by the District at least 7 days prior to the bid submission deadline. Said request must include complete descriptions, technical data, and performance records. Any approval of the proposed equal or substitution will be made by addendum issued to all Bidders.

l. Representation of the District. The District represents that:

a. All necessary easements, rights-of-way and franchises have been obtained.

b. All preliminary engineering will be done in advance of construction.

c. The District will have available all funds necessary for payment for the construction of the project, to be made in accordance with the terms of the Contract Documents pertaining to payment.

m. Submission of Questions to Clarify Bid Documents. The District assumes no responsibility for any conclusions or interpretations made by a Bidder based on the information made available by District. Should a Bidder find conflicts, errors, discrepancies, or omissions in the Drawings or Specifications, or should Bidder be in doubt as to their meaning or interpretation, Bidder shall at once notify the District in writing. At the District’s discretion, questions received less than five (5) calendar days before the bid submission deadline may not be answered. If appropriate, District will send explanations, interpretations, or modifications to all bidders by written addenda. Oral explanations and interpretations by the District shall not be binding. All addenda issued shall be incorporated into the Contract Documents.

5. Proper preparation of Bids: Bidder shall note and comply with the following bid preparation instructions.

a. Complete the Bid Proposal Form: Bidders must submit bids on the supplied Bid Proposal Form. The name, address, Washington State Contractor's registration number of Bidder, and other information required shall be typed or printed on the

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Bid Proposal Form in the spaces provided. The Bidder’s business name must match the name on the bid guaranty.

b. Check if Prequalified Contractor status is required: If applicable or required as shown within Section A. Notification, ensure that the Contractor has submitted all required documents for placement on the DISTRICT’s Prequalified Contractor’s list. Prequalified Contractor listings and application is available at:

https://www.lcpud.org/vendors-contractors/pre-qualified-contractors/

c. Bid all the bid form items. Bids must be for the items and/or alternates as specified by the Contract Documents. No bid for less than one complete job item will be considered. Alternate bids not called for in the specifications will be considered at the discretion of the District. Bids must be for the items and/or alternates as specified by the Contract Documents.

d. Any Alternate Proposals shall be submitted as separate items but may be enclosed with the “Proposal” bid. Alternates must be approved to be considered responsive.

e. Fill in all Blanks: All blank spaces on the Bid Proposal Form must be filled in by the Bidder. Bidder must submit a bid amount for all Alternates, Additives, Deductives, unit prices, and other prices indicated on the Bid Proposal Form. When bidding on items for which there is no charge, Bidder shall write the words "No Charge," “zero,” or “0.00” in the space provided on the Bid Proposal Form. If a Bidder fails to submit a bid price for any item, notes "no bid" or similar language for any item or does not fill in all blank spaces on the Bid Proposal Form, the bid may be rejected as non-responsive.

f. Clarity of Bid Amount: In the event the District is unable to read or discern what number or numbers the Bidder included as part of its Bid price; the District reserves the right to reject the Bid as nonresponsive.

g. Sign Bid Proposal Form: The Bidder shall sign the Bid Proposal Form in ink by an authorized representative of the Bidder. Electronic Signatures, where submitted with documents, must be certified and authenticatable.

h. Check if you need a bid bond. If required, this is indicated in Section A. Invitation.

Bids not accompanied by an appropriate bid guaranty may be rejected as non-responsive.

i. Check your work. Any correction to entries made on the Bid Proposal Form shall be initialed by an authorized representative of the Bidder.

j. List Subcontractors. Where applicable per the requirements of RCW 39.30.060, identify subcontractors on the Bid Proposal Form.

k. Acknowledge Addenda: Bidders shall acknowledge receipt of all addenda by https://www.lcpud.org/vendors-contractors/pre-qualified-contractors/

24-057-IFB Section B Weathering Steel Poles Page 5 of 7 identifying the addendum number in the space provided on the Bid Proposal Form.

6. Who is a Responsible Bidder and Supplemental Bidder Criteria? A Contract will be awarded to the lowest responsible bidder complying with the provisions of the Contract Documents and RCW 54.04. See Section D “Bid Evaluation”, subsection 11 for the applicable conditions for award. In addition to the above Contractor requirements, the District will also consider the following elements as supplemental criteria:

a. the ability, capacity, and skill of the bidder to perform the contract or provide the service required;

b. the character, integrity, reputation, judgment, experience, and efficiency of the bidder;

c. whether the bidder can perform the contract within the time specified;

d. the quality of performance of pervious contracts or service;

e. the pervious and existing compliance by the bidder with laws relating to the contract and services;

7. Requests to modify Supplemental Criteria. To be responsive, a bidder must meet the criteria set forth in preceding section. In a timely manner before the bid submittal deadline, a potential bidder may request that the District modify the bidder criteria. The District will evaluate the information submitted by the potential bidder and respond before the bid submittal deadline. If the evaluation results in a change of the criteria, the District will issue an addendum to the bidding documents identifying the new criteria.

8. Sub-Contracted Work including HVAC & Electrical. Every invitation to bid on a prime contract that is for the construction, alteration, or repair of any public building or public work of the state or a state agency or municipality as defined under RCW 39.04.010 shall require each prime contract bidder to submit as part of the bid, or within one hour after the published bid submittal time, the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work.

The prime contract bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the prime contract bidder must indicate which subcontractor will be used for which alternate. Failure of the prime contract bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void.

Bids which are incomplete, or which are conditioned in any way, or which contain erasures, alterations, or items not called for in the Bid Form, or which are not in conformity with the law or with these instructions, shall be rejected as nonresponsive if the irregularity is material and may be rejected as nonresponsive if the irregularity is not material.

http://apps.leg.wa.gov/RCW/default.aspx?cite=39.04.010 http://apps.leg.wa.gov/RCW/default.aspx?cite=18.106 http://apps.leg.wa.gov/RCW/default.aspx?cite=19.28

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9. Bidders found not responsible. If the District determines a bidder to be not responsible in accordance with the criteria of this bid package and contract documents, the District will provide written notice to the bidder of the determination and the reasons for the determination within seven (7) calendar days of the bid opening. The bidder may appeal the determination within seven (7) calendar days of the written notice by presenting additional information to the District. The District will consider the additional information before issuing a final determination. The District will provide the bidder written notice of its final determination within seven (7) calendar days of the final determination.

10. Extension of Time. If the District shall fail to comply with any of the undertakings contained in the foregoing representations, or if any such representations shall be incorrect, the Contractor shall be entitled to extension of time of completion for a period equal to the delay, if any, caused by failure of the District to comply with such undertaking, or by any such incorrect representations; providing the Contractor shall have promptly notified the District in writing of his claim for extension of time of completion in accordance with the foregoing, and provided further than such extension, if any, of time of completion shall be the sole remedy of the Contractor for the District’s failure to comply with any of the foregoing representations.

11. Information on Reciprocal Bid Preferences: In accordance with RCW 39.04.380, for a public works bid received from a nonresident contractor from a state that provides an in-state percentage bidding preference, a Comparable Percentage Disadvantage (CPD) will be applied to the bid of that nonresident contractor. The CPD is the percent advantage provided by the nonresident contractor’s home state. For the purpose of determining the successful Bidder, District will multiply the nonresident contractor bid amount by the CPD.

The “bid amount” shall be the total of the Base Bid and all accepted Alternate, Additive, and Deductive bid items. The CPD shall be added to the nonresident contractor bid amount to establish the Nonresident Disadvantage Total. The Nonresident Disadvantage Total shall be compared to the Washington State contractor bid amounts, and other nonresident contractors whose states do not provide in-state percentage bidding preferences. The Bidder with the lowest total shall be the successful Bidder. See example below:

Alaska Nonresident Contractor Bid amount $100,000.00 Multiplied by the Alaska CPD x 0.05 Alaska CPD Total $ 5,000.00

Alaska Nonresident Contractor Bid Amount $100,000.00 Alaska CPD Total + 5,000.00 Nonresident Disadvantage Total $105,000.00

When Nonresident Disadvantage Total is Low: If the Nonresident Disadvantage Total is lower than all other Washington contractor bid amounts, and other nonresident contractors whose states do not provide in-state percentage bidding preferences, the Alaska nonresident contractor is the low bidder and will be awarded a contract for the bid amount of $100,000, provided that they are determined to be a responsible bidder with a responsive bid.

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When Nonresident Disadvantage Total is High: If the Nonresident Disadvantage Total is higher than a Washington contractor bid amount, or other nonresident contractors whose states do not provide in-state percentage bidding preferences, the lowest bidder will be awarded a contract for the bid amount, provided that they are determined to be a responsible bidder with a responsive bid.

Definition of Nonresident Contractors: A nonresident contractor from a state that provides a percentage bid preference means a contractor that:

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

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

END SECTION

24-057-IFB Section C Weathering Steel Poles Page 1 of 2

Section C: Bid Submission

1. Steps for Bid Submission Bids, quotations or proposals with Bid Bond (when required as detailed in Section A.

Notification) shall be submitted both physically to the District address in the invitation and electronically as a single PDF file to the solicitation website located at https://www.lcpud.org/bids.

a. Comply with bid submittal technology requirements. Attachments uploaded to the solicitation web portal shall be combined into one or as few as possible “unlocked” PDF files. Note that compressed or “Zipped” files cannot be received by the District and cannot be used for submission of bids, quotations or proposals. All forms and documents submitted must be signed in ink or be an electronic certifiable signature, of the individual within the organization authorized to bind the Bidder to the offer. The District does not assume responsibility for problems on the Bidder’s side or the solicitation portal for proper submission of documents.

b. Fill out the Electronic Bid Form. If requested, by the solicitation portal, the Bidder shall also complete an electronic bid form in addition to providing a completed bid forms as instructed.

c. Submit on time. Bidders should allow sufficient time to ensure timely receipt of the bid, quotation or proposal. Late bids, quotations or proposals will not be accepted and will be automatically disqualified from further consideration, even if the DISTRICT’s solicitation portal system, postal or other parcel services are found to be at fault.

d. Include Bid Bonds. Each bid shall be accompanied by a proposal bond payable to the order of Public Utility District No. 1 of Lewis County for a sum of five percent (5%) of the total amount of the bid. An Alternate Bid Guarantee in the form of a certified check or cashier’s check cannot be accepted electronically. Those alternates must be physically provided to and received by the Solicitation Representative before the bid opening deadline.

The Bid bond shall be a guarantee that, if awarded the Contract, the bidder will execute the Contract. The successful bidder’s check or bond will be retained until they have entered into a satisfactory contract. Supplied bid guarantees in the alternate form of checks from non-awarded bidders may be requested for return within thirty (30) days after opening of bids.

Should the successful bidder fail to enter into Contract within ten (10) days after proposal is accepted, the security shall be forfeited as liquidated damages.

1. No withdrawal of Bids after submission deadline. Bids shall remain valid for no less than 60 days after the submission deadline. No Bidder may withdraw its bid after the bid

24-057-IFB Section C Weathering Steel Poles Page 2 of 2 submission deadline, unless the award of the contract is delayed for a period exceeding 60 days from the bid submission deadline. The District reserves the right, for a period of 60 calendar days following the bid submittal deadline, to initiate or rescind acceptance of any Alternate or Additive Bid in the amounts bid on the Bid Proposal Form.

2. Potential Loss of Bid Guarantee. When a successful Bidder fails to enter into a contract with the District and provide satisfactory performance and payment bonds and evidence of insurance within the days specified herein, the bid guaranty shall be forfeited to the District.

3. Mistakes and Errors in Bid. A Bidder who wishes to claim error after the bids have been opened shall submit a signed statement, accompanied by actual work sheets used in the preparation of the bid, requesting relief from the responsibilities of award.

The statement shall describe the specific error(s) and certify that the work sheets are the actuals used in the preparation of the Bid. The statement and actual work sheets shall be submitted either in person or by courier or electronically by 5:00 p.m. on the Business Day after the bid submission deadline or the claim will not be considered. The District reserves the right to extend this deadline at its discretion. If electronic, deliver submission to the solicitation representative’s email. If in person, deliver submissions to:

Public Utility District No. 1 of Lewis County Procurement and Contract Supervisor 321 N.W. Pacific Avenue Chehalis, Washington 98532

The District will review the certified work sheets to determine the validity of the claimed error. If the District concurs in the claim of error, the Bidder will be relieved of responsibility, the bid will be withdrawn from the bid pool, and the bid guaranty of the Bidder will be returned. Thereafter, at the discretion of the District, all bids may be rejected or award made to the next lowest responsible Bidder. A low Bidder on a public works project who claims error and fails to enter into a contract is prohibited from bidding on the same project if the project is rebid.

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Section D: Bid Evaluation

1. How the District evaluates bids: The District reserves the right to reject any or all bids, to accept and split the award on an item basis unless the bidder so states his bid is for items all or none and to waive all informalities in the bidding. The District also reserves the right to accept the bid which the Commission feels will be in the best interest of the District regardless of bid price, and bidders by submitting bids agree to this condition.

2. Non-Responsive Bids: Bids which are incomplete, conditioned or qualified in any way, contain erasures or alterations, include alternate bids or other items not called for on the Bid Proposal Form and in the Bid Documents, are not in conformity with the law or with these Instructions, contain a statement by the Bidder reserving the right to accept or reject an award or to enter into the contract, or include any other irregularity shall be rejected as nonresponsive if the irregularity is material and may be rejected as nonresponsive if the irregularity is not material. Only the amounts and information asked for on the Bid Proposal Form furnished will be considered as the bid. Failure to submit either the Bid Proposal Form or Subcontractors List (if applicable) within the allotted times as described in the Advertisement for Bids, shall render the entire bid nonresponsive.

3. Multiple Bids: If more than one bid is submitted by a Bidder, or by any person or persons representing the Bidder, all such bids shall be rejected as non-responsive. A party who has submitted subcontract or supply prices to a Bidder may submit prices to other Bidders, and may submit a direct and complete bid for the project to the District on its own behalf.

4. Unbalanced Bids: The District may consider a bid irregular and reject it as non- responsive if any of the bid item prices are excessively unbalanced (either above or below the amount of a reasonable bid) to the potential detriment of the District.

5. Tied Bids: After bids have been opened, if two or more of the lowest responsive bids have Total Bid amounts that are exactly equal, then the following drawing process will be used to break the tied bids and determine the successful Bidder. Two or more slips of paper will be marked as follows: one marked “Winner” and the other(s) marked “Unsuccessful.” The slips will be folded to make the marking unseen. The slips will be placed inside a box. One authorized representative of each Bidder shall draw a slip from the box. Bidders shall draw in alphabetic order by the name of the firm as registered with the Washington State Department of Licensing. The slips shall be unfolded and the firm with the slip marked “Winner” will be determined to be the successful Bidder and eligible for award of the contract. Only those Bidders who submitted a Total Bid amount that is exactly equal to the lowest responsive Bid are eligible to draw.

6. Waiving Irregularities: District reserves the right to reject any or all bids, and to waive as an informality any immaterial irregularities in the bids received.

7. Correcting Bid Prices: After bid opening, bids will be checked for correctness of bid item price extensions and the total bid price. A discrepancy between a bid item price and the

24-057-IFB Section D Weathering Steel Poles Page 2 of 3 extended amount of any bid item shall be resolved by accepting the bid item price as correct. If a minimum bid amount has been established for any item and the Bidder’s unit or lump sum price is less than the minimum specified amount, the District will unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension.

8. Award of Additives, Alternates, Deductives: The low bid shall be determined by the sum of the Base Bid (the summation of bid item price extensions, corrected where necessary), plus any combination of Additives, Alternatives, and/or Deductives that the District decides, in its sole discretion, to include in the contract award. Additives, Alternates, and/or Deductives may be selected in any order that the District chooses. The numbering of the Additives, Alternates, and/or Deductives on the Bid Proposal Form bears no relationship to the order in which they may be selected by the District. The summation of extensions, corrected where necessary, and including any applicable Additives, Alternatives, Deductives, and sales taxes, will be used to fix the awarded contract price and the amount of the payment and performance bonds.

9. Unit Prices: If the Bid Proposal Form includes a supplemental schedule of unit prices for labor and materials, or other items for the purpose of establishing a cost basis for unforeseen contract changes, District reserves the right to reject, without impairing the balance of the bid, any or all such predetermined unit prices, and negotiate such unit prices during the term of the contract.

10. Bid Evaluation Documentation and Meeting: In order to verify that the Bidder has adequately incorporated all elements of the Work and the requirements of the Contract Documents in its bid prices, the Bidder shall, upon request of the District, promptly make available for the District’s review a complete itemization and breakdown of its Total Bid amount, and a description of the Bidder’s understanding of the Work. Prior to award, upon request of the District, the Bidder and proposed subcontractors and suppliers shall attend a bid evaluation meeting with the District and shall bring to the meeting any documents requested by the District to assist the District in evaluating the bid and the Bidder’s understanding of the Project. In the event the Bidder refuses to provide the requested information or attend the bid evaluation meeting, the District may reject the bid as non-responsive.

11. It is the intent of District to award a contract to the low responsible bidder. In determining lowest priced responsible bidder, the Contractor must provide documentation which proves that:

a. If applicable or otherwise required, Bidder is prequalified with the District in accordance with RCW 54.04.085, application available on the District’s website:

https://www.lcpud.org/vendors-contractors/pre-qualified-contractors/ ;

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b. Have a current certificate of contractor registration with the WA State, Dept. of Labor & Industry, in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal;

c. Have a current Washington Unified Business Identifier (UBI) number;

d. Have applicable industrial insurance coverage for the bidders employees working in Washington as required by RCW 51(if applicable);

e. Have applicable employment security department number as required by RCW 50;

f. Have a state excise tax registration number as required by RCW 82

g. Not be disqualified from bidding on any public works contract under RCW

39.06.010 or 39.12.065(3)

h. Submit the certification that, within the three-year period immediately preceding the bid solicitation that the bidder is not a “willful” violator, as defined in RCW 45.48.082, of any provisions of RCW Chapters 49.46, 49.48, or 49.52, as determined by a final and binding citation and notice of assessment issued by Dept.

of Labor and Industries or through a civil judgement entered by a court of limited or general jurisdiction.

i. Not be disqualified from bidding on any public works contract under RCW

39.06.010 or 39.12.065(3), or be suspended or debarred from working on a federally funded project according to the federal website www.sam.gov ; and;

j. Have received training from the Department of Labor and Industries (L&I), or a provider with a L&I approved curriculum, on the requirements related to public works and prevailing wage under RCW 39.04.350 and 39.12, or is exempt per RCW

39.04.350 (1)(f), or qualify for exemption from such.

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Section E: Awarding of Contract

CONTRACT AWARD AND EXECUTION

1. Award: The formal acceptance by the District, through an award by its Board of Commissioners or as by a delegated officer of the District, to the lowest responsive bid of a responsible bidder that is within the budget available for the project, will be in the form of a notice of award of public works contract to the Bidder issued by the District and submitted to either the Bidder’s physical or electronic mail address shown on the Bid Proposal Form.

2. Form of Contract: Shall be essentially the same form as the bid document’s sample contract and shall include all the associated bid documents.

3. Contract Execution: Within ten (10) calendar days after the notice of award date, Bidder shall submit signed originals of the Contract; certificate of insurance and endorsements as required in the Contract Documents; and if applicable, separate Payment and Performance Bonds, each for 100% of the Contract Award Amount plus Washington State Sales Tax.

The bonds shall be on a form furnished by the District. The bonds must be signed by an approved surety (or sureties) that:

a. Appears on the current Authorized List in the State of Washington published by the Office of the Insurance Commissioner; and

b. Has a current rating of at least A-VII in A.M. Best’s Key Rating Guide or is included in the U.S. Department of the Treasury’s Listing of Approved Sureties (Circular 570).

4. Failure to Execute Contract: If the successful Bidder, after award of the Contract, fails to execute the Contract or provide insurance documentation and bonds as required within the time specified, District may revoke award of the Contract and the bid guaranty shall be retained by District.

5. Bid Documents: The Bid Documents include all of the documents issued by the District as part of soliciting bids for the Project, including but not limited to the following:

Advertisement for Bids, Instructions to Bidders, Bid Proposal Form, General Conditions, Modifications to General, Specifications and Drawings.

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Section F: Supplemental Instructions & Requirements

1. LIQUIDATED DAMAGES FOR THIS PROJECT

The District is requiring Liquidated Damages for this Project in the amount of $500.00 per day for deliveries made past the agreed delivery date tentatively estimated at March 14th, 2025.

2. PREFERENCE FOR THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS

To the greatest extent practicable, all equipment and products purchased with grant funds should be American-Made. Bidders shall note the country of fabrication and, where applicable, the country of origin of raw materials comprising the components procured under this solicitation within Attachment F: Proposed Materials Data Form.

3. BIDDER’S EXCEPTIONS TO TERMS, CONDITIONS & SPECIFICATIONS

As stated within the bidding instructions, exemptions to the specifications or Terms and Conditions are not considered unless they are presented to the District Representative before the Questions Due Date. Exceptions must be made to the District’s terms through the process of red-lining of the applicable sections within the bid documents with the bidder’s suggested alternative language. Only those terms accepted by the District and published within an addendum will be considered for contract negotiation. Lining out of all the contract terms and a blanket inclusion of the bidder’s or manufacturer’s terms and conditions are not considered a request for negotiation and are automatically rejected.

4. THE OFFICIAL BID FORM IS THE LEGAL BID

Only the pricing entered onto the official bid form is considered for evaluation and for the purposes of entering a contract. Additional quote sheets or brochures will not be evaluated and are considered supplemental information not being an integral portion of the formal bid.

5. PUBLIC WORKS PROJECT DESIGNATION | PREVAILED WAGES

The off-site custom fabricated components and materials requested by this solicitation are for a Public Works Project. Therefore, the payment of Prevailing Wages on custom manufactured materials and non-standard items called for in the specifications is required for off-site fabrication work performed within the State of Washington. Notwithstanding the prevailing wage requirement for labor to fabricate the non-standard items, the supply and furnishing of standard hardware not attached to the fabricated assemblies do not require the payment of Prevailing Wages.

Due to the possibility of federal grant funds being used in this project, where required, the Prevailed Wages and requirements will be the greater and stricter of the Washington State determination or that as required by the Davis Bacon Act.

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Section G: General Conditions of the Contract Agreement

PART 1 – GENERAL PROVISIONS

1.01 DEFINITIONS

A. “Application for Payment” means a written request submitted by Contractor to District’s

Representative for payment of Work completed in accordance with the Contract Documents, supported by such substantiating data as District’s Representative may require.

A sample Contractor’s Application For Payment (CAFP) is included to this document as Exhibit D.

B. “A/E” means a person or entity lawfully entitled to practice architecture or engineering, representing Owner or District within the limits of its delegated authority.

C. “Change Order” means a written instrument signed by District and Contractor stating their agreement upon all of the following: (1) a change in the Work; (2) the amount of the adjustment in the Contract Sum, if any, and (3) the extent of the adjustment in the Contract Time, if any.

D. “Contract Award Amount” is the sum of the Base Bid and any accepted Alternates, Additives, or Deductives.

E. “Contract Documents” means the Advertisement for Bids, Instructions to Bidders, completed Bid Proposal Form, Payment Bond, Performance Bond, General Conditions, Modifications to the General Conditions, Public Works Contract, Drawings and Specifications, and all addenda and modifications thereof. The Contract Documents comprise the entire agreement between the District and the Contractor and may be modified only as described in the Contract Documents.

F. “Contract Sum” is the total amount payable by District to Contractor, for performance of the Work in accordance with the Contract Documents as bid by the Contractor on the Bid Proposal Form including all taxes imposed by law and properly chargeable to the Work, except Washington State sales tax.

G. “Contract Time” is the number of calendar days agreed upon between the District and

Contractor for completing the Work.

H. “Contractor” means the person or entity who has agreed with District to perform the Work in accordance with the Contract Documents.

I. “Day(s)” mean calendar day(s) unless otherwise specified. A calendar day of twenty-four

(24) hours is measured from midnight to the next midnight.

J. “District” means the Public Utility District No. 1 of Lewis County (DISTRICT), through its authorized representative(s) with the authority to enter into, administer, and/or terminate the Work in accordance with the Contract Documents and make related determinations and

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K. “District Holiday” are those days the District is normally closed for business. These days generally are:

New Year's Day Veteran’s Day Labor Day Martin Luther King, Jr. Day, Veteran’s Day Presidents' Day Thanksgiving Day Memorial Day Friday after Thanksgiving Day Fourth of July Christmas Day

Where a holiday falls on a Saturday, the Friday preceding shall be observed as the holiday.

If a holiday falls on a Sunday, the following Monday shall be observed as the holiday.

L. “Drawings” are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, and may include plans, elevations, sections, details, schedules, and diagrams.

M. “Final Acceptance” means the written acceptance issued to Contractor by District of Final

Completion, as more fully set forth in Section 6.06 B.

N. “Final Completion” means that the Work fully and finally complete in accordance with the requirements of the Contract Documents, as more fully set forth in Section 6.06 A.

O. “Force Majeure” means those acts entitling Contractor to request an equitable adjustment in the Contract Time, as more fully set forth in paragraph 3.04 A.

P. “Notice” means a written notice which has been delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended or, if delivered or sent by registered or certified mail, to the last business address known to the party giving notice. All notices to the District shall be sent to the attention of the District’s Representative.

Q. “Notice to Proceed” means a notice from District to Contractor that defines the date on which the Work can begin. The Contractor shall not perform any Work prior to such date.

R. “DISTRICT” means the “DISTRICT” and the two terms may be used interchangeably throughout this document..

S. “District’s Representative” means a person or entity representing District within the limits of its delegated authority who will be the District’s representative during the construction period for construction management, inspection, interpretation of the Contractor’s performance consistent with the requirements of the Contract Documents, and other services of managing the Project on behalf of the District. District shall issue all communications to Contractor through District’s Representative. The name of the District’s Representative will be designated in the Notice to Proceed letter to the

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Contractor. The District’s Representative may be a firm contracted with the District to provide these services, including but not limited to an architect, engineer, or construction manager, or may be an employee of the District. The District may designate multiple individuals or firms as District’s Representative to fill different roles on the Project.

T. “Person” means a corporation, partnership, business association of any kind, trust, company, or individual.

U. “Project” means the total construction of which the Work performed in accordance with the Contract Documents may be the whole or a part and which may include construction by District or by separate contractors.

V. “Specifications” are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services.

W. “Subcontract” means a contract entered into by Subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind for or in connection with the Work.

X. “Subcontractor” means any person, other than Contractor, who agrees to furnish or furnishes any supplies, materials, equipment, or services of any kind in connection with the Work.

Y. “Work” means the construction and services required by the Contract Documents, and includes, but is not limited to, labor, materials, supplies, equipment, services, permits, and the manufacture and fabrication of components, performed, furnished, or provided in accordance with the Contract Documents.

1.02 ORDER OF PRECEDENCE

Any conflict, error, discrepancy, or inconsistency in the Contract Documents, as amended by any addenda issued during the bidding period, shall be resolved by giving the documents precedence in the following order:

A. Approved Change Orders

B. Signed Contract

C. Modifications to the General Conditions

D. District Terms & Conditions

E. Drawings (where provided)

F. Other attachments to the Contract Documents including, but not limited to, permits, maps, and reports.

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G. Signed and Completed Bid Proposal Form

H. Bid Documents and Addendums

I. Instructions to Bidders

J. Advertisement for Bids

1.03 EXECUTION AND INTENT

Contractor Representations: Contractor makes the following representations to District:

A. Contract Sum reasonable: The Contract Sum is reasonable compensation for the Work as represented by the Contract Documents. Contractor has included in the Contract Sum all incidentals for performing the Work, and shall complete the Work with all necessary material, equipment, labor, supplies, and subcontractors for the Contract Sum;

B. Contractor familiar with project: Contractor has carefully reviewed the Contract

Documents, visited and examined the Project site(s) prior to proceeding with the Work, become familiar with the local conditions in which the Work is to be performed, and satisfied itself as to the nature, location, character, quality and quantity of the Work, the labor, materials, equipment, goods, supplies, work, services and other items to be furnished and all other requirements of the Contract Documents, as well as the surface and subsurface conditions and other matters that may be encountered at the Project site(s) or affect performance of the Work or the cost or difficulty thereof;

C. Contractor financially capable: Contractor is financially solvent, able to pay its debts as they mature, and possesses sufficient working capital to complete the Work and perform Contractor’s obligations required by the Contract Documents; and

D. Contractor can complete Work: Contractor is able to furnish the plant, tools, materials, supplies, equipment and labor required to complete the Work and perform the obligations required by the Contract Documents and has sufficient experience and competence to do so.

PART 2 – INSURANCE AND BONDS

2.01 CONTRACTOR’S LIABILITY INSURANCE

General insurance requirements: Prior to commencement of the Work, Contractor shall obtain all the insurance required by the Contract Documents and provide evidence satisfactory to District that such insurance has been procured.