26-029_MOA2_3_Volume 1_Division 0.pdf

SKAGIT TRANSIT DIVISION 00

Maintenance Operations & Administration Facility Phases 2 & 3 (No. 26-029) 00 0110

Division 0 Invitation to Bid Page 1 of 107

PROJECT MANUAL

SKAGIT TRANSIT MOA-2 PHASE 2 AND 3

11784 Bay Ridge Drive Burlington Washington, 98233

#26-029

Issued for Bid

Volume 1 – Specification Divisions 00

ISSUED: SEPTEMBER 24, 2026

ARCHITECT

Dykeman, Inc.

1716 W. Marine View Drive

Everett, WA 98201

(425) 259-3161

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Skagit Transit

Maintenance Operations and Administration Facility – Phase 2 & 3

Project #26-029

Bid Set

Volume 1 – Division 0

Released: September 24, 2026

This project is partially funded by the Federal Transit Administration

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Project Manual

Specifications

For

Skagit Transit’s

Maintenance Operations and Administration Facility Phases 2 & 3

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Volume 1

Table of Contents

Project Manual Table of Contents

SECTION 00 0020

INVITATION TO BID

SECTION 00 2113

INSTRUCTIONS TO BIDDERS

BIDDER CHECKLIST

SECTION 00 4100

BID FORM

SECTION 00 5200

AGREEMENT

SECTION 00 7300

SUPPLEMENTAL CONDITIONS

SECTION 00 7200

GENERAL CONDITIONS

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 – CLAIMS AND DISPUTE RESOLUTION

PART 9 – TERMINATION OF THE WORK

PART 10 – MISCELLANEOUS PROVISIONS

Volume 2 – Project Specifications

Volume 3 – Building A

Volume 4 – Building B

END OF SECTION

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SECTION 00 0020

INVITATION TO BID

[SEPARATELY RELEASED]

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SECTION 00 2113

INSTRUCTIONS TO BIDDERS

PART 1 - INTRODUCTION AND BACKGROUND

1.01 Project Description

The project includes the build-out of a previously constructed 70,000 square-foot facility consisting of high-bay vehicle maintenance shops, administrative offices; and the construction of a bus wash facility, site work, utilities, asphalt paving, and stormwater management systems.

The scope of work for this project generally consists of but not limited to 3 distinct work phases. Bidders are encouraged to review the site and initial phasing plan for more specific information. Building A will is occupied by the Owner

0. Preconstruction (after NTP-1)

1. Existing Building A Remodel (Phase 2) (after NTP-2)

a. Exterior, approximately West of Column Line 4 from the end of phase 1 work.

b. Interior, selective demolition and new construction in entire facility.

c. Building A utilities work

2. New Bus Wash Facility and Fuel Island (Building B) (Phase 3) (after NTP-3)

a. Exterior and interior construction of a new bus wash and fuel island.

3. Site Work, (Phase 3) (after NTP-3)

a. Site improvements including but not limited to fuel storage and bus parking on the northernmost section of the property.

1.02 Anticipated Procurement Schedule

Following is the procurement schedule from issuance of the ITB through contract performance beginning. All times are stated in Pacific Local Time. Dates preceded by an asterisk are estimated. Skagit Transit will notify

Bidders of any schedule changes by Addendum.

Activity Date/Time

Invitation to Bid Advertised September 24th, 2026

Pre-Bid/Site Walk September 30th and October 7th

Deadline for Questions October 23rd, 2026

Final Addenda Published October 30th, 2026

Bid Due Date November 6th, 2026, 2PM

Notice of Intent to Award November 12th, 2026

Notice of Award November 20th, 2026

Notice to Proceed Phase1 December 4th, 2026

Substantial Completion September 2028

Final Acceptance February 2029

1.03 Scope of Services

1. Contractor shall successfully complete the Work set forth in the Contract Documents as a member of a project team with Skagit Transit, the design team, the Construction Manager/Owner’s Representative, and other project consultants, as required. Contractor shall be skilled in construction methods, materials and

Division 0 Invitation to Bid Page 7 of 107 techniques, managing sub-contractors, sequencing of work, developing critical path and network schedules, construction management software, labor conditions, project coordinating, documenting and communicating the activities of the construction process to all members of the project team.

2. Reference Documents accompanying this ITB are provided for informational purposes to assist Bidders in preparing their bids. These Reference Documents do not represent requirements binding on the

Contractor. Skagit Transit makes no representation or warranty as to the accuracy, adequacy, applicability, or completeness of the Reference Documents. Except to the extent set forth to the contrary in the

Contract, reliance upon the Reference Documents shall be at the Contractor’s risk and Skagit Transit will have no liability or obligation as a result of the inaccuracy, inadequacy, inapplicability, or incompleteness of the Reference Documents regardless of the contents thereof. Reference Documents are included in the

Technical Specifications Appendices.

PART 2 - EXPLANATION TO PROSPECTIVE BIDDERS

Any prospective Bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit a request by the date indicated on the Procurement Schedule. Oral explanations or instructions given before the award of a contract will not be binding. Any information given to a prospective Bidder concerning a solicitation will be furnished promptly to all other prospective Bidders by addendum to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective Bidders.

PART 3 - PREPARATION OF BIDS

A. Bids must be: (1) submitted on the Bid Form, or copies of forms, furnished by the Owner or the Owner’s agent, and (2) signed in ink. The person signing a bid must initial each change appearing on any Bid Form.

If the bid is made by a corporation, it shall be signed by the corporation’s authorized designee. The address of the Bidder shall be typed or printed on the Bid Form in the space provided.

B. The Bid Form may require Bidders to submit bid prices for one or more items on various bases, including:

(1) lump sum base bid; (2) lump sum bid alternate prices; (3) unit prices; or (4) any combination of items 1 through 3 above.

C. If the solicitation includes alternate bid items, failure to bid on the alternates may disqualify the bid. If bidding on all items is not required, Bidders should insert the words “no bid” in the space provided for any item on which no price is submitted.

D. Substitute bid forms will not be considered unless this solicitation authorizes their submission

PART 4 - QUESTIONS AND COMMUNICATIONS

A. Questions, requests for clarifications or interpretations concerning this solicitation shall be submitted in writing no later than the date and time specified on the Procurement Schedule.

B. Point of Contact shall be Sarah Yeckley, Procurement procurement@skagittransit.org

C. Communications concerning this solicitation with any Skagit Transit agent, consultant, or representative other than with the above stated Point of Contact, or communications made through other means and methods other than stated herein, are prohibited and may be cause for disqualification.

PART 5 - ADDENDA

A. Oral explanations or instructions given prior to Contract Award shall not be binding. Skagit Transit’s official response to pre-bid communications concerning any changes to the solicitation documents shall be made mailto:procurement@skagittransit.org

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B. Only Addenda issued by Skagit Transit modifies the solicitation document. No other oral or written communication modifies the solicitation document. Any questions/clarifications that do not modify the Bid

Documents may be answered using a Q&A document.

C. No Addenda will be issued for any request or inquiry submitted after the deadline for receiving final questions/clarification requests unless Skagit Transit, at its sole discretion, deems additional information is necessary for bid submittal, or if the lack of information would be prejudicial to other prospective Bidders.

All Addenda become part of the Contract Documents.

D. It is the Bidder’s responsibility to ensure they have received and understand all Addenda issued.

PART 6 - BID GUARANTEE

A. A bid guarantee in the amount of 5% of the base bid amount is required. Failure of the Bidder to provide bid guarantee when required shall render the bid non-responsive.

B. Acceptable forms of bid guarantee are: A bid bond or postal money order, or certified check or cashier’s check made payable to the Washington State Treasurer.

The Owner will return bid guarantees (other than bid bond) to unsuccessful Bidders as soon as practicable, but not sooner than the execution of a contract with the successful Bidder. The successful Bidder’s bid guarantee will be returned to the successful Bidder with its official notice to proceed with the work of the contract.

C. The Bidder will allow 60 days from bid opening date for acceptance of its bid by the Owner.

The Bidder will return to the Owner a signed contract, insurance certificate and bond or bond waiver within

15 days after receipt of the contract. If the apparent successful Bidder fails to sign all contractual documents or provide the bond and insurance as required or return the documents within 15 days after receipt of the contract, the Owner may terminate the award of the contract.

D. In the event a Bidder discovers an error in its bid following the bid opening, the Bidder may request to withdraw its bid under the following conditions:

1. Written notification is received by the Owner within 24 hours following bid opening.

2. The Bidder provides written documentation of the claimed error to the satisfaction of the

Owner within 72 hours following the bid opening.

3. The Owner will approve or disapprove the request for withdrawal of the bid in writing. If the

Bidder’s request for withdrawal of its bid is approved, the Bidder will be released from further obligation to the Owner without penalty. If it is disapproved, the Owner may retain the Bidder’s bid guarantee.

PART 7 - ADDITIVES, ALTERNATE OR DEDUCTIVE BID ITEMS

The low Bidder, for purposes of award, shall be the responsive Bidder offering the low aggregate amount for the base bid item, plus additive, alternate or deductive bid alternates selected by the Owner, and within funds available for the project.

The Bidder agrees to hold all bid alternate prices for 90 days from date of bid opening.

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PART 8 - ACKNOWLEDGEMENT OF ADDENDA

Bidders shall acknowledge receipt of all addenda to this solicitation by identifying the addenda numbers in the space provided for this purpose on the Bid Form. Failure to do so may result in the bid being declared non-responsive.

PART 9 - SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

The Bidder acknowledges that it has taken steps necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to; (1) conditions bearing upon transportation, disposal, handling, and storage of materials;

(2) the availability of labor, water, electric power, and road; (3) uncertainties of weather or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during the work.

The Bidder also acknowledges that it has satisfied itself as to 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 site, including exploratory work done by the Owner, as well as from the drawings and specifications made a part of this contract. Any failure of the Bidder to take the actions described and acknowledged in this paragraph will not relieve the Bidder from responsibility for estimating properly the difficulty and cost of successfully performing the work.

PART 10 - BID PRICE

A. The bid prices shown for each item on the Bid Form shall include all labor, material, equipment, tax and overhead, all compensation to complete all of the work for that item.

B. The actual cost of building permit (only) and the public utility hookup fees will be a direct reimbursement to the Contractor or paid directly to the permitting agency by the Owner. Fees for these permits should not be included by the Bidder in the bid amount.

C. The Bidder agrees to hold the base bid prices for sixty (60) days from date of bid opening.

PART 11 - TAXES

Skagit Transit will pay state and local sales tax on each progress payment to Contractor for transmittal by Contractor to the Washington State Department of Revenue, as applicable under Tax Rule 170. Contractor will pay retail sales tax on all consumables used during the performance of the Work and on all items which are not incorporated into the final Work. The bid amounts shall not include Washington State Sales Tax (WSST). The Owner will include WSST in progress payments. The Contractor shall pay the WSST to the Department of Revenue and shall furnish proof of payment to the Owner if requested.

PART 12 - SUBMISSION OF BIDS

A. Bids must be submitted on or before the time specified in the Advertisement for Bids.

B. The Bid Form (all required parts) shall be submitted via the Owner’s online procurement portal.

C. Bids must be electronically signed by the Bidder, or the Bidder’s authorized representative.

D. Bids not received through the electronical portal by the time and date required will not be accepted.

E. A bid may be withdrawn in person by a Bidder’s authorized representative before the opening of the bids.

F. People with disabilities who wish to request special accommodation, (e.g., sign language interpreters, braille, etc.) need to contact the Owner ten (10) working days prior to the scheduled bid opening.

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PART 13 - SUBCONTRACTOR LISTING

Pursuant to RCW 39.30.060 and FTA requirements, the Bidder must provide a Bidder’s Subcontractor List and

Bidder’s List.

A. The Bidder must provide names and license numbers of the Subcontractors with whom the Bidder will subcontract for plumbing, electrical, and heating, ventilation and air conditioning (HVAC). The

Bidder may name itself for the work if it is licensed to perform the work for which it has named itself on Subcontractor List Form. Error identified by the Owner in the proof of license information must be corrected by the Bidder within 48 hours of the submission of the List. The Bidder shall also provide names of the Subcontractors with whom the Bidder will subcontract for structural steel installation and rebar installation.

B. Bidders who name themselves to perform the work are expected to perform the work and the

Owner reserves the right to reject substitution of the bidder with a subcontractor unless the bidder demonstrates a change in circumstances from the time of bid submission that is outside of the control of the Bidder.

C. Substitution of a listed subcontractor (at any tier) before or after the award of the Contract is prohibited except for the following reasons:

1. Refusal of the listed subcontractor to sign a contract with the prime contractor;

2. Bankruptcy or insolvency of the listed subcontractor;

3. Inability of the listed subcontractor to perform the requirements of the proposed contract or the project;

4. Inability of the listed subcontractor to obtain the necessary license, bonding, insurance, or other statutory requirements to perform the work detailed in the contract;

5. Refusal or inability to provide a letter of bondability from a surety company; or

6. The listed subcontractor is barred from participating in the project as a result of a court order.

D. The Bidder shall not list more than one Subcontractor for each category of work identified UNLESS

Subcontractors vary with bid alternates, in which case the Bidder must indicate which

Subcontractor will be used for which alternate.

E. Failure of the Bidder to submit the NAMES and LICENSE NUMBERS of such Subcontractors and or to name itself to perform such work within the specified times, shall render the Bidder's bid nonresponsive and, therefore, void.

F. The Subcontractor Listing is intended to discourage bid shopping, not to verify subcontractor qualifications. The Owner does will not use the Bidder’s List as a tool to disqualify or qualify bidders.

PART 14 - APPRENTICE UTILIZATION REQUIREMENTS (AUR)

In accordance with RCW 39.04.320, for all public works estimated to cost $1.5M dollars or more, the State of

Washington requires no less than 15% of all labor hours performed by registered apprentices, unless adjusted by the Owner. The project’s apprenticeship utilization rate is calculated using the approved affidavits of wages paid submitted in the L&I portal.

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1. Incentives - The Contractor, together with any participating subcontractors, who exceed the

AUR requirement, will be awarded a single monetary incentive of $25,000 to be proportionately shared among those firms contributing to the apprentice utilization for the project.

2. Penalties - The Contractor, and its subcontractors, who fails to meet the minimum utilization requirement and fails to demonstrate Good Faith Efforts, as outlined below, is subject to penalties described herein. AUR penalty will be deducted from the Final Payment or monies owed to the Contractor. The Contractor may allocate any monetary penalty among itself and its Subcontractors based on apprentice labor-hour shortfalls committed to on the AUP.

3. Cost of Compliance – The Contractor and any subcontractors shall include in its bid all costs associated with compliance with AURs. No separate schedule of value or payment shall be included. Any Incentive provided under this Contractor is intended to encourage apprentice utilization beyond normal business practices and shall not be construed as reimbursement for costs incurred in meeting the required minimum AU goal.

4. Apprentice Utilization Plan - The Contractor must provide an Apprentice Utilization Plan

(AUP) demonstrating how and when the Project intends to achieve AUR. The AUP shall have enough information to track the Contractor’s progress in meeting the utilization requirement.

The Contractor must submit an initial Plan on the Apprentice Utilization Plan template with their bid. The Contractor shall provide an updated AUP when requested by the Owner and during the course of construction as there are changes to the Plan.

a. The AUP shall be uploaded as a project submittal.

b. The AUP shall establish the anticipated apprentice labor-hour contribution of the

Contractor and participating subcontractors.

c. The Contractors shall be responsible for monitoring performance against the accepted

AUP.

d. It is expected that the Contractor will actively seek out opportunities to meet the

Apprentice Utilization Requirement during construction even if the Plan indicates a shortfall in meeting the requirement.

e. If the Plan indicates that the Contractor will not attain the Apprentice Utilization

Requirement, then Contractor must submit “Good Faith Effort” (GFE) documentation with their Plan to L&I’s PWIA system.

5. Good Faith Effort (GFE)

(a) Good Faith Effort (GFE) documentation shall describe in detail why the Contractor, or any of its subcontractors, is not or was not able to meet the minimum AUR.

1. Contractors may submit Good Faith Effort (GFE) documentation at any time during the

Project.

2. All GFE documentation must be submitted no later than 30 days before substantial completion.

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(b) Good Faith Effort (GFE) documentation must include:

1. The contract number, title and the apprentice utilization requirements,

2. The amount of apprentice labor hours the contract can or did attain along with the percentage of labor hours,

3. Contractors may receive a GFE credit for graduated Apprentice hours through the end of the calendar year for all projects worked on as long as the Apprentice remains continuously employed with the same Contractor they were working for when they graduated. If an Apprentice graduates during employment on a project of significant duration, they may be counted towards a GFE credit for up to one year after their graduation or until the end of the project (whichever comes first). Determination of whether or not Contract requirements were met in good faith will be made by subtracting the hours from the journeyman total reported hours for the project and adding them to the apprentice hour total. If the new utilization percentage meets the

Contract requirement, the Contractor will be reported as meeting the requirement in good faith,

4. Anticipated or actual shortfall (in apprentice labor hours and percentage) and the reason(s) for not attaining the required apprentice labor hours,

5. Information from one or more of the following areas:

(a) Names of any State-Approved Apprentice Training Programs contacted with the name(s) of person(s) contacted and dates of contacts, and a copy of each response from the Training Program(s),

(b) Reference Contract Specifications or documents that affected the Contractor’s ability to attain apprentice utilization,

(c) Discuss efforts the Contractor has taken to require Subcontractors to solicit and employ apprentices,

6. Backup documentation to the letter consisting of the following:

Letters, emails, phone logs including names dates and outcomes, posters, photos, payrolls, time cards, schedules, copies or references to other contract specifications or documents.

A. If the Contractor achieves or exceeds the required apprentice utilization rate established in the Contract

Documents, the Owner shall pay a one-time Apprentice Utilization Incentive of Twenty-Five Thousand

Dollars ($25,000.00).

The incentive shall be divided among the Contractor and participating Subcontractors in proportion to their respective contribution of registered apprentice labor hours used to satisfy the Project's total apprentice utilization.

The Contractor shall submit, as part of the request for Final Acceptance, an Apprentice Incentive Allocation

Report identifying:

1. Each Contractor and Subcontractor utilizing registered apprentices;

2. Total apprentice labor hours attributed to each entity;

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3. Total apprentice labor hours credited to the Project;

4. The percentage share attributable to each entity; and

5. The resulting incentive payment allocation.

The incentive allocation shall be calculated as follows:

(Individual Entity Apprentice Hours ÷ Total Project Apprentice Hours) × $25,000 = Incentive Share

The Owner shall issue the incentive payment to the Contractor within thirty (30) days of receipt, the

Contractor shall distribute the allocated portions of the incentive to participating Subcontractors and shall provide written confirmation to the Owner that such payments have been made.

Only apprentice labor hours performed by apprentices registered in a Washington State-approved apprenticeship program and credited toward the Project apprentice utilization requirement shall be included in the allocation calculation.

The incentive shall be payable only after Final Acceptance and verification of apprentice utilization through the applicable L&I reporting system.

PART 15 - DISADVANTAGED & SMALL BUSINESS ENTERPRISE (DBE/SBE) PARTICIPATION

A. Definitions and information regarding Small Business Enterprises (SBE) currently certified with the State of

Washington is available at their website at www.omwbe.wa.gov

B. Skagit Transit has adopted a race and gender-neutral policy to support and encourage DBE/SBE participation. The Policy is available at www.Skagittransit.org/procurement.

C. A contract goal has not been established for this procurement. No preference will be provided in the evaluation of bids and no minimum level of DBE/SBE participation shall be required as condition for receiving an award and bids. Bids will not be rejected or considered non-responsive on that basis.

D. Contractor may be required to report DBE/SBE participation throughout the period of performance.

E. Affirmative Efforts to Solicit S/DBE Participation

Contractors are encouraged to:

1. Advertise opportunities for subcontractors or suppliers in a manner reasonably designed to provide

DBE/SBEs capable of performing the work with timely notice of such opportunities. All advertisements should include a provision encouraging participation by DBE/SBE firms and may be done through general advertisements (e.g. internet, newspapers, journals, etc.) or by soliciting bids directly from DBE/SBEs.

2. Utilize the services of available community-based organizations, contractor groups, local small business assistance offices and organizations that provide assistance in the recruitment and placement of DBE/SBEs and other small businesses, such as the Office of Minority and Women's Business Enterprises.

3. Establish delivery schedules, where requirements of the Contract allow, that encourage participation by

DBE/SBEs.

F. Required DBE / SBE Contract Clauses http://www.omwbe.wa.gov/

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Pursuant to Skagit Transit’s DBE / SBE Policy, the following clauses will apply to the Contractor and it shall be Contractor’s responsibility to flow down these clauses to all subcontractors, irrespective of their tier of performance:

1. Contract Assurance. The following clause is incorporated in every contract and subcontract:

Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract.

2. Prompt Payment & Retainage. The following clause is incorporated in every contract:

When payment is received by a Contractor or Subcontractor for work performed, Contractor or

Subcontractor shall pay to any Subcontractor, no later than ten (10) days after the receipt of payment, amounts allowed the Subcontractor on account of the Work performed by the Subcontractor, to the extent of each Subcontractor's interest therein. This requirement shall flow down from the

Contractor to all lower-tier Subcontractors.

G. DBE / SBE Participation Reports and Related Items

As part of routine Contract Administration, Contractor may be requested to submit compliance documentation in a manner required by Skagit Transit. This may include but is not limited to:

• subcontractor lists with work description and contact amounts,

• providing affidavits of amounts paid, and

• copies of subcontract agreements demonstrating compliance to the contract provision flow-down requirements mentioned above.

PART 16 - INSURANCE REQUIREMENTS

The successful Bidder shall provide evidence of insurance from insurer(s) satisfactory to Skagit Transit certifying to the coverages of insurance set forth in the General Conditions. Failure to submit satisfactory evidence of insurance may result in award termination.

PART 17 - BID RESULTS

After the Bid Opening, Bidders may obtain bid results from Beacon Bids.

PART 18 - REJECTION OF BIDS

A. Skagit Transit reserves the right to reject any or all bids for any reason including, but not limited to, a bid which: is incomplete, obscure, irregular, or lacking necessary detail and specificity; has any qualification, omissions, additions, limitations, or provisions attached to the Bid; is from a Bidder who (in the sole judgment of Skagit Transit) is determined to be not responsible or lacks the qualifications necessary to perform the

Work; is from a Bidder who fails to complete and submit any Supplemental Bidder qualifications within the time specified by Skagit Transit; or is from a Bidder who is not registered or licensed at the time of the Bid

Due Date as required by State law.

B. In consideration for Skagit Transit's review and evaluation of its Bid, the Bidder waives and releases any claims against Skagit Transit arising from any rejection of any or all Bids, including any claim for costs incurred by Bidders in the preparation and presentation of Bids submitted in response to this solicitation.

PART 19 - PROTESTS

A. Right to Protest

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Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract due to a matter of law or procedural flaw may file a protest with the Chief Executive Officer, or designee.

The written and signed notice of protest must address which law or procedure was not followed or violated, how it has affected the aggrieved, and describe the relief or corrective action desired. The protest letter shall be submitted in writing prior to the opening of bids or the closing date for proposals. If the aggrieved person did not know, and could not have known, of the facts giving rise to such protest prior to bid opening, or the closing date for receiving proposals, the protest shall be submitted within 16 hours after bid opening, or 2 full business days after the aggrieved person knows or could have known of the facts giving rise thereto. Upon timely submittal of a written Notice of Protest, the protest shall be handled as follows:

1. A meeting(s) will be called within 5 business days from receipt of the protest that will include representatives from Skagit Transit and the Protestor to discuss the issue(s) related to the protest. The meeting may be conducted by telephone conference;

2. A decision of the protest will be made by the Chief Executive Officer, or designee, within 7 business days of the final meeting. The Protestor shall be notified of the decision in writing by the Chief Executive

Officer, or designee, by regular mail;

3. The Chief Executive Officer, or designee, may, at his/her sole discretion, extend the limits of time outlined above;

The decision of the Chief Executive Officer, or designee, shall be final unless appealed as provided herein;

A request for reconsideration may be allowed if data becomes available that was not previously known or there has been an error of law or regulation.

If the protester is not satisfied with the solution of the Chief Executive Officer, or designee, a written appeal may be filed with the Board of Directors. Appeals to the Board of Directors filed more than 5 Calendar Days following the receipt of the Chief Executive Officer, or designee’s, written determination will not be accepted.

B. Appeals

Protestor may appeal the Chief Executive Officer, or designee’s, decision to the Skagit Transit Board of Directors by submitting a written Notice of Appeal to the Skagit Transit Board Chairperson within 7 Calendar Days of receipt of the Chief Executive Officer, or designee’s, decision. The Chief Executive Officer, or designee’s, decision shall be deemed received within 3 days, exclusive of Sundays and holidays, of the date of posting of the decision or sooner in the event of actual receipt personal service or fax confirmation. The appeal shall be based solely upon the record before the Chief Executive Officer, or designee. A three-member committee of the Skagit Transit Board, as appointed by the Board, shall decide the appeal. Written argument must be submitted to the committee. The committee may affirm or reverse the decision of the Chief Executive Officer, or designee, or affirm or reverse the decision in part. The decision of the committee shall be final.

C. Stay of Procurement During Protest

In the event of a timely protest under the Chief Executive Officer, or designee, Skagit Transit shall not proceed further with the solicitation or award of the contract until all administrative and judicial remedies have been exhausted or until the Board of Directors makes a determination on the record that the award of a contract without delay is necessary to protect substantial interests of Skagit Transit.

D. Costs

In addition to any other relief, when a protest is sustained and the protesting Bidder or Offeror should have been awarded the contract under the solicitation, but is not, then the incurred costs in connection with the solicitation, including bid preparation costs, other than attorney’s fees, shall be paid by

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Skagit Transit.

PART 20 - LOW RESPONSIBLE BIDDER

A. Mandatory Responsibility Criteria: Before awarding a public works contract, a Bidder must meet the following mandatory responsibility criteria under RCW 39.04.350 (1) & (2) to be considered a responsible Bidder and qualified to be awarded a public works project. The Bidder must:

1. At the time of bid submittal, have a certificate of registration in compliance with RCW 18.27, a plumbing contractor license in compliance with RCW 18.106, an elevator contractor license in compliance with RCW 70.87, or an electrical contractor license in compliance with RCW 19.28 as required under the provisions of those chapters.

2. Have a current state unified business identifier number;

3. Be registered with the federal government under SAM.gov with NO active exclusions or restrictions.

4. If applicable, have industrial insurance coverage for the Bidder's employees working in

Washington as required in RCW 51; an employment security department number as required in RCW 50; and a state excise tax registration number as required in RCW 82;

5. Not be disqualified from bidding on any public works contract under RCW 39.06.010, or

39.12.065(3);

6. If bidding on a public works project subject to the apprenticeship utilization requirements in

RCW 39.04.320, not have been found out of compliance by the Washington State

Apprenticeship and Training Council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under RCW 49.04 for the one-year period immediately preceding the date of the bid solicitation;

7. Public Works and Prevailing Wage Training/Exemption. Bidders shall have received training on the requirements related to public works and prevailing wage under this chapter and chapter

39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. The department, in consultation with the prevailing wage advisory committee, must determine the length of the training. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. The department of labor and industries must keep records of entities that have satisfied the training requirement or are exempt and make the records available on its website. Responsible parties may rely on the records made available by the department regarding satisfaction of the training requirement or exemption.

https://lni.wa.gov/licensing-permits/public-works-projects/contractors- employers/contractor-training

8. Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the https://lni.wa.gov/licensing-permits/public-works-projects/contractors-

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Department of Labor and Industries or through a civil judgement entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of

RCW 49.46, 49.48, or 49.52. A bidder shall submit a signed Contractor Certification form with the bid or within two (2) business days of request by Owner regarding this wage theft prevention responsible bidder criteria.

B. Supplemental Responsibility Criteria: In addition to the mandatory Bidder responsibility, Skagit

Transit has established supplemental bidder responsibility criteria around experience to use in determining Bidder responsibility applicable to the Work of this Project as allowed under RCW

39.04.350 (3). Specific information can be found in Part B of the Bid Form.

The Supplemental Responsibility Criteria are as follows:

1. Project experience with similar scope and complexity

2. Preconstruction/Pre-planning Services and digital coordination technology experience

3. Contractor provided or delegated design experience

4. Occupied facility renovation or remodel experience

5. Fleet, Maintenance, or Operational facilities experience

C. Determining Bidder Responsibility Using Supplemental Criteria

1. The Owner shall consider whether the Bidder demonstrated experience with supplemental criteria for determining Bidder responsibility.

2. At least 10 business days prior to the bid submittal deadline, a potential Bidder may request that the Owner modify the supplemental responsibility criteria. The Owner will evaluate the information submitted by the potential Bidder and respond before the bid submittal deadline.

If the evaluation results in a change of criteria, the Owner will issue an addendum to the bidding documents identifying the new criteria.

3. If the Owner determines that the apparent low Bidder is not responsible, the Owner will notify the Bidder of its preliminary determination in writing.

4. Within three (3) days after receipt of the preliminary determination, the Bidder may withdraw its bid or request an appeal in writing to procurement@skagittransit.org, where the Bidder may appeal the preliminary determination and present additional information to the Owner.

5. The Chief Executive Officer (CEO) will review the determination and the appeal and issue Final

Responsibility Determination.

6. If the CEO determines a Bidder to be not responsible, the Owner will provide, in writing, the reasons for the determination. If the final determination affirms that the Bidder is not responsible, the Owner will not execute a contract with any other Bidder until two (2) business days after the Bidder determined to be not responsible has received the final determination.

7. The Owner’s Final Determination is specific to this project and will have no effect on other or future projects.

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PART 21 - SUBCONTRACTOR RESPONSIBILITY REQUIREMENTS

Per RCW 39.06.020, contractors and subcontractors of every tier must verify responsibility criteria for each contractor they directly hire at the time of contract execution. In addition to verifying the Bidder Responsibility

Criteria mandated by Chapter 39.04.350(1), contractors must also verify that a subcontractor possesses an electrical contractor license, if required by Chapter 19.28 RCW, or an elevator contractor license, if required by

Chapter 70.87 RCW. These verification requirements and responsibility criteria must be included in every public works contract regardless of tier. Contractor shall certify that these verifications are complete prior to contract execution and, upon request of Skagit Transit, shall promptly provide documentation demonstrating that the subcontractor meets the subcontractor responsibility criteria.

PART 22 - CONTRACT AWARD

A. The Owner will evaluate bids responsiveness and Bidders for responsibility.

1. A bid will be considered responsive if it meets the following requirements:

(a) It is received at the proper time and place.

(b) It meets the stated requirements of the Bid Form.

(c) It is submitted by a licensed/registered contractor within the state of Washington at the time of bid opening and is not banned from bidding by the Department of Labor and

Industries.

(d) It is accompanied by a bid guarantee, if required.

2. A bidder will be considered responsible if it meets the following requirements:

(a) It meets the mandatory responsibility criteria established in RCW 39.04.350 and an overall accounting of the supplemental responsibility criteria established for the project.

(b) The bidder completes, signs, and submits the “Contractor Certification Wage Theft

Prevention – Responsible Bidder Criteria” form.

(c) Is determined to meet any Supplemental Bidder Responsibility Criteria

B. The Owner reserves the right to accept or reject any or all bids and to waive informalities.

C. The Owner may negotiate bid price adjustments with the low responsive Bidder, including changes in the contract documents, to bring the bid within the available funding per RCW 39.04.015.

D. The apparent low Bidder, for purpose of award, shall be the responsive and responsible Bidder offering the low aggregate amount for the base bid plus selected additive or deductive bid alternates and meeting all other bid submittal requirements.

E. Once declared, the apparent low Bidder will be requested to provide a Bid Breakdown.

F. The Contract will only become effective when signed by the Owner. Prior to the Owner’s signature, any and all costs incurred shall be the sole responsibility of the Bidder.

PART 23 - PUBLIC DISCLOSURE OF BIDS

Bids submitted under this solicitation shall be considered public documents and, unless exempt, will be provided upon request under public disclosure laws (RCW 42.56, et seq.). If a request is made for disclosure of a Bid, Skagit

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Transit will endeavor to notify the Bidder of the request and allow the Bidder five (5) days to take whatever action it deems necessary to protect its interests. If the Bidder fails or neglects to take such action within said period, Skagit

Transit will release the Bid deemed subject to disclosure. By submitting a Bid, the Bidder consents to the procedure outlined in this paragraph and shall have no claim against Skagit Transit on account of actions taken under such procedure or its determination whether information is exempt under public disclosure laws.

END OF INSTRUCTIONS

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BIDDER CHECKLIST

The Bidder is solely responsible for ensuring that all required information, certifications, attachments, and forms are submitted prior to the Bid Due Date.

Failure to provide required information may result in a determination that the Bid is nonresponsive or that the Bidder is not responsible. Refer to the Contract Documents for complete requirements. The checklist is provided as a convenience only.

Required With Bid

Bid Submission

☐ Completed Bid Form Part A – Price

☐ Base Bid completed

☐ Alternates and Additives priced

☐ Unit Prices completed

☐ Trench Safety Cost completed or identified as N/A

☐ Addenda acknowledged

☐ Signature page executed by authorized representative

☐ UBI Number provided

☐ Contractor Registration Number provided

☐ Unique Entity Identifier (UEI) provided

Bid Security

☐ Bid Bond, Certified Check, Cashier's Check, or approved Bid Security in the amount of five percent (5%) of the Bid

FTA Certifications

☐ Debarment and Suspension Certification

☐ Lobbying Certification

☐ Buy America / Buy America-BABA Certification (Compliance or Non-Compliance)

Subcontracting Requirements

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☐ RCW Bidder's Subcontractor List

• Mechanical

• Electrical

• Plumbing

• Elevator (if applicable)

• Rebar Installer

☐ Federal Subcontractor Listing

☐ Certified Firm Utilization Commitment (if applicable)

Apprentice Utilization Requirements

☐ Initial Apprentice Utilization Plan (AUP)

☐ Apprentice Utilization Commitment

☐ Good Faith Effort Documentation (only if the submitted AUP indicates the Project will not achieve the required utilization percentage)

Responsible Bidder Certifications

☐ Certification of Compliance with Wage Payment Statutes

☐ Mandatory Responsibility Criteria Certifications

☐ Public Works Training Certification or Exemption Documentation (if requested)

Federal Compliance

☐ Confirmation of SAM Registration

☐ No Active Federal Exclusions

☐ Any additional FTA certifications required by the Contract Documents

Supplemental Bidder Responsibility

☐ Experience A – Similar Scope and Complexity

☐ Experience B – Preconstruction Services and Digital Coordination

☐ Experience C – Contractor-Provided / Delegated Design

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☐ Experience D – Occupied Facility Renovation

☐ Experience E – Operations, Fleet, Maintenance, or Public Facility

Required Within Time Specified After Bid Opening

Apparently Successful Bidder

☐ Bid Breakdown / Detailed Price Support (if requested)

☐ Clarifications (if requested)

☐ Responsibility Determination Information (if requested)

☐ Supplemental Responsibility Verification Information (if requested)

Required Prior to Contract Execution

Contract Documents

☐ Executed Agreement

☐ Performance Bond

☐ Payment Bond

☐ Bond Riders (if required)

Insurance

☐ ACORD Certificate(s) of Insurance

☐ Additional Insured Endorsements

☐ Primary and Non-Contributory Endorsements

☐ Required Umbrella/Excess Liability Coverage

☐ Evidence of Workers Compensation Coverage

☐ Professional Liability Coverage (if applicable)

☐ Pollution Liability Coverage (if applicable)

Required Following NTP-1:

☐ Preliminary Progress Schedule

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☐ Schedule of Values

☐ Site Specific Safety Plan

☐ Initial Submittal Register

☐ Apprentice Utilization Plan Update (if required)

☐ Other Preconstruction Deliverables required by Section 01 1900 Preconstruction or Division 1

BIDDER CERTIFICATION

The undersigned certifies that all required documents, forms, certifications, and attachments identified in this checklist have been reviewed and submitted with the Bid or will be submitted within the time required by the Contract

Documents.

Bidder Initials: __________

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SECTION 00 4100

BID FORM

00 4100.1 – PART A: PRICE

Bidder: _____________________________________________________________

Project Name: Skagit Transit Maintenance, Operations and Administration Facility Phases 2&3

The undersigned Bidder declares that they have read the Contract Documents (including documents provided by reference), understands the conditions under which the Work will be performed, has examined the Site, and has determined for itself all situations affecting the Work herein Bid upon. Bidder proposes and agrees, if this Bid is accepted, to provide at Bidder’s own expense, all labor, machinery, tools, materials, etc., including all Work incidental to, or described or implied as incidental to such items, according to the Contract Documents, and that the Bidder will complete the Work within the time stated, and that Bidder will accept in full the lump sum or unit price(s) set forth below:

NOTE: The Bid schedules are established for pricing, administrative, payment, scheduling, and reporting purposes. The Bid Schedules do not independently authorize the Contractor to perform Work. Work may only proceed upon issuance of the applicable Notice to Proceed and in accordance with the Contract Documents.

BASE BID

Item Unit Price

Preconstruction (allowance) (NTP-1) LS $10,000.00

Grant Phase 2

Main Building A (NTP-2) LS

Grant Phase 3

Bus Wash Building B (NTP-3) LS

Site Work (NTP-3) LS

Trench Safety System (RCW) LS

General Conditions LS

Overhead and Profit LS

Subtotal

(Owner’s calculation for evaluation) Tax (x 8.6% on subtotal)

Bonds and Insurance Premiums

Total Base Bid

ALTERNATES

Item Unit Price

ALT 1 West Side Electrical Pathway LS

ALT 2 Hot Mix Asphalt (west side) LS

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UNIT PRICES

Items Unit Qty Price

Mass Excavation (unsuitable soil) YD3 100

Structural Fill YD3 100

Trench Backfill YD3 100

The apparent low bid shall be the lowest sum of the base bid and any additives or alternates listed. ST reserves the right to award the contract with or without the additive alternate.

All prices shall include complete installation without Washington State Sales Tax. The bidder shall propose a price for each item; failure to propose a price for each item may render the bid non-responsive.

BASE BID

Preconstruction. The Preconstruction Bid Schedule is a fixed Owner allowance of $10,000. Bidders shall not modify the amount. (Section 01 2100)

This Bid Schedule provides an early payment mechanism for activities required by Section 01 1900

Preconstruction, including planning, coordination, investigation, validation, scheduling, procurement planning, and submittal preparation prior to commencement of major construction activities.

Preconstruction is not additional scope of Work and represents activities otherwise required by the Contract

Documents. Costs compensated under this allowance shall not be duplicated elsewhere in the Schedule of

Values or other pricing. No permanent construction Work is authorized under NTP-1 except as specifically provided by the Contract Documents or directed by the Owner.

Phase 2: The Phase 2 Lump Sum (NTP-2) shall include all labor, materials, equipment, supervision, demolition, renovation, remodeling, utility modifications, building systems installation, startup, testing, commissioning support, closeout, and all other Work required for completion of Building A and associated Phase 2 improvements as described in the Contract Documents.

Phase 3: The Phase 3 Lump Sum (NTP-3)shall include all labor, materials, equipment, supervision, foundations, structures, architectural components, utility connections, equipment support systems, startup, testing, commissioning support, and all other Work required for construction and operation of the Bus Wash Facility.

Site Work: The Site Improvements Lump Sum (NTP-3), also part of Phase 3, shall include all labor, materials, equipment, supervision, site grading, paving, drainage, fuel systems, trenching, restoration, traffic control, erosion control, site civil work, and all associated Work required by the Contract Documents.

Trench Excavation Safety: If the bid contains work which requires trenching exceeding a depth of four (4) feet, all costs for trench safety shall be included in the Base Bid and indicated below for adequate trench safety systems in compliance with RCW 39.04 and WAC 296-155-650.