26-28-D-BID-Bid-Document.pdf

Labor & Materials – Rev 11/05/2018

PUBLIC UTILITY DISTRICT NO. 1

OF

DOUGLAS COUNTY

EAST WENATCHEE, WASHINGTON

INVITATION, INSTRUCTION TO BIDDERS, BID

& CONTRACT FORMS, AND SPECIFICATIONS

BID DOCUMENT NO. 26-28-D-BID

LONE PINE SUBSTATION EXPANSION

DATE: MAY 2026

PUBLIC UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY

EAST WENATCHEE, WASHINGTON

TABLE OF CONTENTS

PAGE NO.

PART I INVITATION FOR BIDS 1

PART II INSTRUCTIONS TO BIDDERS

IB-1 Preparation and Submission of Bids 2 IB-2 Qualifications of Bidder 4 IB-3 Examination of Documents 5 IB-4 Additional Information 7 IB-5 District's Modification of Bid Documents 7 IB-6 Modification of Bids 8 IB-7 Withdrawal of Bids 8 IB-8 Rejection of Bids 8 IB-9 Bonds, Insurance Certificates and Statements 9 IB-10 Evaluation of Bids 10 IB-11 Award of Contract 11

PART III BID FORMS

Section 1 Bid Bond Form 12 Section 2 Proposal 14 Section 3 Data to be Submitted with Bid 18 Section 4 Subcontractor’s List 21

PAGE NO.

PART IV CONTRACT FORMS

Section 1 Contract Agreement 22 Section 2 Performance and Payment Bond 25 Section 3 Certificate of Insurance 27 Section 4 Contractor’s Request for Handling of Retainage 29 Section 5 Retainage Bond Form 31

PART V ADDENDUM, CHANGE ORDER, AND PAYMENT FORMS

Section 1 Definitions 34 Section 2 Addendum 35 Section 3 Change Order 36 Section 4 Progress Payment Request 42 Section 5 Request for Final Payment, Certificate, and Release 45

PART VI GENERAL CONDITIONS

GC- 1 Definitions 47 GC- 2 Intent of Documents 48 GC- 3 Discovery of Errors, Omissions or Discrepancies in Contract Documents 48 GC- 4 Insurance 49 GC- 5 Wage Rates 50 GC- 6 Subcontracts 52 GC- 7 Performance by Contractor 53 GC- 8 Samples & Information/Material or Components 54 GC- 9 Substitutions of Materials or Processes 54 GC-10 Referenced Standards & Specifications 54 GC-11 Observation and Access to Work 56 GC-12 Progress of the Work 56 GC-13 Delays and Extensions of Time 57 GC-14 Independent Contractor, Superintendence and Employees 58 GC-15 Safety Requirements 58 GC-16 Protection of Work 59 GC-17 Changes in the Work 59 GC-18 Protest Procedure/Waiver 61 GC-19 Use of Completed and Uncompleted Portions 62 GC-20 Acts of Default/Termination for Default 63 GC-21 Termination Other than for Default 64 GC-22 Time and Manner of Payment to Contractor 65 GC-23 Determination of Quantities for Payment 67 GC-24 Acceptance; Release of Retainage 68 GC-25 Warranties 70

PAGE NO.

GC-26 Laws and Regulations 70 GC-27 Licenses, Permits and Taxes 71 GC-28 Indemnity 72 GC-29 Records 73 GC-30 Publications 74 GC-31 No Waiver 74 GC-32 Prohibition Against Assignment 74 GC-33 Equal Opportunity 74 GC-34 Compliance with Collective Bargaining Agreement 75 GC-35 Notices 76 GC-36 Archaeological Discoveries and Historic Preservation 76 GC-37 Severability 77

PART VII SPECIAL CONDITIONS

SC-1 Description of the Work 78 SC-2 Performance Schedule 78 SC-3 Payment 78 SC-4 Modifications of General Conditions 78 SC-5 Limitation of Liability 79 SC-6 Drawings and Pertinent Data 79 SC-7 District-Furnished Materials 79 SC-8 Contractor-Furnished Materials 80 SC-9 Submittals 81 SC-10 Work Schedule 83 SC-11 Local Conditions 83 SC-12 Work Near Energized Facilities 85 SC-13 Dust and Smoke Control 85 SC-14 Existing Utilities 85 SC-15 Fire Prevention 86 SC-16 Illumination of Work 86 SC-17 Differing Site Conditions 86 SC-18 Liquidated Damages 87 SC-19 On-Site Storage 88 SC-20 Protection of Environment and Natural Resources 88 SC-21 Restoration and Erosion Control 88 SC-22 Public Safety and Other Property 89 SC-23 Suspension of Construction 89 SC-24 Right to Use Material Found 90 SC-25 Water Pollution 90 SC-26 Work Program 90

PART VIII SPECIFICATIONS AND TECHNICAL PROVISIONS 92

SP-1 Scope 92 SP-2 Site Work 92

SP-3 Concrete 97 SP-4 Conduit 106 SP-5 Grounding 109 SP-6 Substation Structures 111 SP-7 Electrical Equipment Installation 112 SP-8 Substation Fencing 119 SP-9 Outdoor Lighting 121 SP-10 Transmission Line 122 SP-11 Static Mast 122

PART IX PREVAILING WAGE RATES 123

PART X CONTRACT DRAWINGS 124

APPENDIX A 196

PAR'I'I

INVITATIoN F0R BIDS

F()R

BII) TX)CUMENT NO. 26-28.D-BID

L()NE PINE SUBSTATI0N EXPANSION

PUBLIC UTILITY DISTRJCT NO. I OF DOUGLAS COUNTY, WASHINGTON, invites sealed bids to be received at the District's office at ll5l Valley Mall Parkway, East Wenatchee, Washington, 98802, until June 29 at l:30 p.m. Pacific Time, to provide everything specified in Bid Document No. 26-28-D-Bid dated May 2026, and entitled: Lone Pine Substation Expansion.

The Bid Document, including plans and specifications, may be obtained by emailing accountspayable@dcpud.org, attention Derek Browning, Purchasing Agent. The email request must include the Bid Document number and title and your contact information including mailing and physical addresses, contact person, phone numbers and email addresses. A summary of this Bid Document may be viewed on our website at www.douslaspud.ors.

Note: This is a Prequalification Project. Interested persons or firms must be prequalified in accordance with RCW 54.04.085 prior to receiving the Bid Document and before having their bid considered.

The District will open and read aloud bids at the place and time stated above. All bids must strictly conform to the entire Bid Document.

BIDDERS PLEASE NOTE, THAT PART II, ''INSTRUCTIONS TO BIDDERS,''

PARAGRAPH 3.3, (rB 3.3) SETS OUT THE PROCEDURE THAT BTDDERS MUST

FOLLOW TO ADDRESS ANY QUESTIONS ABOUT TTIE REQUIREMENTS OF'I'HIS

BID DOCUMENT.

The District reserves the right to reject any and all bids.

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PUBLIC UTILITY DISTRICT NO. I

OF DOUGLAS COUNTY. WASHINGTON

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Gary neral Mana

Part I - lnvitation for EidsLabor & Materials Rev 11/05/2018

Labor & Materials – Rev 11/05/2018 2 Part II – Instruction to Bidders

PART II

INSTRUCTIONS TO BIDDERS

FOR

IB-1 PREPARATION AND SUBMISSION OF BIDS

1.1 BIDDER IS SOLELY RESPONSIBLE TO SEE THAT ITS BID IS

SUBMITTED IN PROPER FORM. BIDDER'S FAILURE TO FOLLOW THESE

INSTRUCTIONS MAY CONSTITUTE CAUSE FOR REJECTION OF THE BID.

1.2 The District will make available to each bidder a copy of the Bid Document and a copy of the Bid Forms. Bidder must submit its bid on the forms provided. Bidder shall properly execute all forms, fill in all blank spaces, and initial and explain in writing any interlineations, alterations or erasures.

1.3 WHEN ASSEMBLING THE BID, THE DOCUMENTS SHALL BE

ORGANIZED IN THE FOLLOWING ORDER:

1) BID BOND (OR CASHIER'S CHECK)

2) PROPOSAL INCLUDING ACKNOWLEDGEMENT OF ADDENDA

(IF APPLICABLE) (See Part III Bid Forms, Section 2.)

3) TOTAL FOR BID COMPARISON (See Part III Bid Forms, Section 2)

1.4 Each bid shall contain the following:

1) The date of the bid,

2) The full business address of the bidder, including the street address if that differs from the mailing address,

3) For bids expected to cost $1,000,000 or more involving construction, alteration, or repair of any public building or public work, each bidder shall submit as a part of its bid, the name of each subcontractor with which bidder, if awarded the contract, will subcontract for performance of: heating, ventilation and air conditioning; plumbing as described in RCW 18.106; and electrical as described in RCW 19.28, or name itself for each such activity.

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Bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case bidder must indicate which contractor it will use for each alternate. Failure to submit as part of the bid the names of each such subcontractor or to name bidder to perform each such activity or the naming of two or more subcontractors to perform the same activity, shall render the bid nonresponsive and, therefore, void. (See Part III, Bid Forms, Section 4.)

4) Bidder’s signature.

(a) Bids by partnerships shall include the partnership name followed by the signature of one or more of the general partners who has full authority to bind the partnership and a list of the names and addresses of all other partners.

(b) Bids by corporations or limited liability companies shall include the legal name of the corporation or limited liability company, followed by the signature and designation of the corporate officer(s) who has/have full authority to bind the corporation or the member(s) who has/have full authority to bind the limited liability company and a designation of the state of incorporation/formation.

(c) The name of each person who signs shall be typed or clearly printed below the signature. Each person who signs represents to the District that he/she has full authority to bind bidder. On request, bidder shall furnish to the District Satisfactory evidence of the authority of each person who signs to bind the partnership, corporation, or limited liability company on behalf of which he/she signs.

1.5 Each bidder must quote on all items in the Bid Schedule, if any, including options and addenda, unless the Bid Document expressly authorizes otherwise. The District will not entertain partial bids, unless the Bid Document expressly so provides. If the Bid Document states that certain items are optional, bidder shall insert the words "no bid" in the space provided for any optional item for which it makes no bid.

1.6 Each bidder must enclose its bid in a sealed envelope distinctly labeled "Bid Proposal." The sealed envelope shall designate: (1) the Bid Document number, (2) the title of the Bid Document, and (3) the name and address of the bidder.

1.7 Each bidder has sole responsibility for timely delivery of its bid. Bidder shall carefully and completely follow the delivery directions contained in the Invitation for Bids regarding address, date and hour. A bidder may either mail or deliver its bid. THE DISTRICT WILL NOT ACCEPT BIDS TRANSMITTED BY FACSIMILE OR EMAIL. If mailed, bidder shall address the bid to:

Public Utility District No. 1 of Douglas County

Labor & Materials – Rev 11/05/2018 4 Part II – Instruction to Bidders

1151 Valley Mall Parkway East Wenatchee, Washington, 98802

Attention: Mr. Gary R. Ivory, General Manager

If delivered in person, the bid must be delivered to the District's office at the above address. The District will mark any bid received after the time set for receipt of bids with the date and time received and return it unopened.

1.8 The District reserves the right to extend the time for receiving and opening bids.

The District will use best efforts to give, prior to bid opening, notice of any such extension to those entities that requested a copy of the Bid Document.

IB-2 QUALIFICATIONS OF BIDDER

2.1 Each bidder must meet all applicable responsibility criteria of RCW 39.04.350.

Each bidder shall submit with its bid, on the form included as Part III, Section 3 "Bid Forms", (1) a statement of bidder's experience with the type and magnitude of Work described in this Bid Document, (2) bidder's qualifications to properly and timely perform the Work, and (3) bidder's financial and work references. This statement shall be sufficient to enable the District to determine to its Satisfaction that bidder has the necessary experience, organization, technical qualifications, work force, financial resources, ability to comply with time schedules, record of performance, integrity and skill to properly and timely perform all that the Bid Document requires.

2.2 The District will not require bidder to provide with its bid those submittals listed in the second sentence of Section 2.1, only if bidder meets all three of the following conditions: (a) it is submitting a bid on electrical work, (see RCW 54.04.085) (b) it has completed the District’s prequalification procedure in compliance with RCW 54.04.085, and (c) it has on file with the District a current statement of prequalification that the District has issued.

2.3 Each bidder shall submit with its bid (i) any and all factors that might preclude it from meeting any part of the contract schedule including, if applicable, (ii) its proposed method of conducting the Work, and (iii) the list of equipment and other materials that it will use (see Part III, Bid Forms, Section 3). This submittal data must be sufficiently complete and detailed to demonstrate to the District’s Satisfaction bidder’s full compliance with all time and other requirements of the Bid Document.

2.4 The District reserves the right to reject any bid if the District's review of the above submittals and its investigation fail to establish to its Satisfaction that bidder possesses the qualifications necessary to fully, properly and timely carry out all obligations of the Bid Document.

Labor & Materials – Rev 11/05/2018 5 Part II – Instruction to Bidders

IB-3 EXAMINATION OF DOCUMENTS

3.1 Each bidder, before submitting its bid, must carefully examine the complete Bid Document and any addenda and all documents and/or information referred to in these. Each bidder must fully investigate and fully inform itself about all conditions that may in any way affect performance or cost of the Work. Bidder's submission of its bid shall constitute its unqualified representation, on which bidder warrants to the District that the District may rely, that bidder has made all such examinations and investigations and that it understands all requirements for the performance of the Work. By submitting its bid, bidder warrants that it:

(1) Has fully informed itself about the nature, requirements, and location of the Work;

(2) Has thoroughly investigated and fully satisfied itself about all conditions that may affect the Work, all costs involved in performing the Work and the time necessary for its performance, including but not limited to:

(a) Conditions relating to acquisition, transportation, disposal, handling and storage;

(b) The availability of labor, materials, water, power, and access;

(c) Uncertainties of weather, river stages, water tables and all other physical conditions at the site;

(d) All conditions and/or constraints at the site(s) of the Work; and

(e) The equipment and facilities needed to properly, efficiently, and timely perform;

(3) Has, by careful and thorough inspection of the site(s) of the Work, careful and thorough review of the Bid Document, careful and thorough review of all information referenced in the Bid Document, and careful and thorough investigation and review of all other information relating to the site(s) of the Work and the Work satisfied itself as to the nature, quality and quantity of obstacles or conditions that it may encounter; and

(4) Has satisfied itself as to the adequacy of time allowed to complete the Work.

Bidder's failure to take any of the actions described above shall not relieve it from its responsibility for estimating properly the difficulty and cost of successfully, efficiently, properly and timely performing the Work or from proceeding to fully and timely perform the Work, without any additional charge to or time extensions by the District. Bidder agrees that the District shall not be liable for any claim for additional payment or additional time if any claim directly or indirectly results from bidder's failure to thoroughly and carefully investigate and familiarize itself with all of the above and all conditions that may affect the Work. Prior to submitting its bid, each bidder must fully familiarize itself with all federal, state, tribal and local laws, ordinances and regulations that apply to the Work during the time of its performance.

3.2 The Bid Document consists of:

Labor & Materials – Rev 11/05/2018 6 Part II – Instruction to Bidders

Part I Invitation for Bids Part II Instructions to Bidders Part III Bid Forms Part IV Contract Forms Part V Addendum, Change Order and Payment Forms Part VI General Conditions Part VII Special Conditions Part VIII Specifications - Technical Provisions Part IX Prevailing Wage Rates Part X Contract Drawings

The form of the Contract that the successful bidder must sign is included in the Contract Documents (Part IV, Section 1). Each bidder shall carefully examine it prior to submitting its bid.

3.3 If bidder believes that any omission or any discrepancy exists in the Bid Document, or if bidder deems the intent or meaning of the Bid Document or any of its contents unclear, obscure or ambiguous, or if bidder wishes to qualify any term, condition or provision in the Bid Document, bidder must promptly, before submitting its bid, forward to the District a written request for correction, clarification, interpretation, explanation or qualification. A bidder that makes such a request is solely responsible for its timely receipt by the District, and bidder must deliver all such requests to the District not later than fifteen (15) calendar days before the closing time for receipt of bids. No interpretation, clarification, correction, qualification, amendment, or modification shall be valid or bind the District unless expressly set forth in a written addendum signed by the District.

The District shall neither be bound by, nor responsible for, any correction, clarification, interpretation, or explanation of the Bid Document unless a District issued and signed written addendum expressly includes it. A BIDDER'S FAILURE TO FOLLOW THE PROCEDURE

DESCRIBED IN THIS PARAGRAPH MAY BE A BASIS FOR REJECTING THE BID.

The District shall not be bound by, and hereby objects to, any term, condition or other provision that differs from or adds to or subtracts from that which the Bid Document or addenda contain. EACH

BIDDER IRREVOCABLY AGREES THAT THE DISTRICT SHALL HAVE THE

UNQUALIFIED RIGHT TO TREAT IN THE MANNER SPECIFIED IN PART III - BID

FORMS, SECTION 2, PARAGRAPH 4.6 ANY ATTEMPT BY ANY BIDDER TO

QUALIFY ITS BID PROPOSAL BY SUBMITTING WITH IT BIDDER’S STANDARD

CONDITIONS, STANDARD TERMS, SALES POLICY, CLARIFICATIONS,

EXCEPTIONS, MODIFICATIONS TO THE GENERAL AND/OR SPECIAL

CONDITIONS, AND/OR SPECIFICATIONS – TECHNICAL PROVISIONS AND/OR

CONTRACT DRAWINGS OR THE LIKE.

3.4 Bidder shall direct all questions about this Bid Document in writing to Public Utility

District No. 1 of Douglas County, 1151 Valley Mall Parkway, East Wenatchee, Washington, 98802, Attention: Derek Browning, Purchasing Agent. Bidder may email any question(s) to accountspayable@dcpud.org, Attention: Derek Browning.

Labor & Materials – Rev 11/05/2018 7 Part II – Instruction to Bidders

IB-4 ADDITIONAL INFORMATION

4.1 Before submitting its bid, Bidder shall make all arrangements necessary to fully inform itself about all existing and potential conditions, circumstances and matters that may in any way affect the performance, time requirements of, and cost of the Work.

4.2 Before submitting its bid, bidder must thoroughly examine and thoroughly familiarize itself with the site(s) where the Work will take place and/or the site(s) to which delivery will be made, work will take place, or that which is supplied will be put to use. By submitting its proposal, bidder warrants to the District that it has done so.

□ Recommended Site Inspection/Pre-bid Conference A site inspection/pre-bid conference is scheduled to occur at 10:00 a.m. at the auditorium at 1151 Valley Mall Parkway East Wenatchee, WA 98802 on June 10th, 2026. No alternative arrangements will be made. All who wish to submit a bid are strongly encouraged to attend. A bidder’s failure to attend the recommended site inspection/pre-bid conference shall not relieve it from full responsibility for the entire scope of the Work, including but not limited to, any difficulty, cost, or expense involved in performing all the Work.

Failure of a bidder to attend shall entitle, but not obligate, the District to consider that bidder’s bid nonresponsive and reject that bidder’s bid.

A bidder's failure to attend a site inspection/pre-bid conference, if scheduled, or to fully investigate the site shall not relieve it from full responsibility for the entire scope of the Work, including but not limited to, any difficulty, cost, or expense involved in performing all the Work.

4.3 State of Washington sales tax shall not be included in the bid price(s). However, for work consisting of constructing and/or repairing new or existing buildings or other structures on real property, sales tax paid by the Contractor or Subcontractor for the purchase and/or rental of tools, machinery, equipment and consumable supplies that are primarily for the Contractor’s use rather than for resale as a component part of the finished structure shall be included in the bid price(s). WAC 458-20-170.

IB-5 DISTRICT'S MODIFICATION OF BID DOCUMENT

5.1 The District reserves the right to modify any part of the Bid Document at any time prior to the time set for bid opening. Modifications, if any, will issue only in written addenda. The District will use best efforts to forward any addendum to each entity that has obtained from the District copies of the Bid Document. However, a bidder's failure to receive any addendum shall not relieve it from the obligation of submitting its bid in full compliance with the Bid Document and all addenda to the Bid Document. Thus, prior to submitting its bid proposal, bidder must independently verify that it has received all addenda.

Labor & Materials – Rev 11/05/2018 8 Part II – Instruction to Bidders

IB-6 MODIFICATION OF BIDS

6.1 Bidder may modify its bid at any time before the closing time for receipt of bids, specified in paragraph 1 of the Invitation For Bids, provided that before that closing time bidder delivers to the District at the place of bid opening the complete modification in writing. Bidder may submit a modification of its bid by facsimile or email by transmitting that modification to the attention of Derek Browning, Purchasing Agent. (Fax: 509-884-0553; email:

accountspayable@dcpud.org). Any modification transmitted by facsimile or email must be received by the Purchasing Agent no later than one hour before the closing time for receipt of bids, and it shall show only the increase or decrease in the Total for Bid Comparison listed in bidder’s Proposal (not the amount of the modified Total for Bid Comparison), and it shall be of no effect unless the District also receives by the third day after closing time and date written confirmation, signed by the bidder and postmarked before the bid closing time and date. Any modification by a bidder of its bid, including but not limited to any modification transmitted by facsimile or email, must be received in the room in which bids are to be opened before the time specified in the Invitation for Bids. Notwithstanding the provisions of this paragraph, the District will not accept bids transmitted by facsimile equipment or email.

6.2 Bidder is solely responsible for timely receipt by the District of any modification of its bid. The unavailability for any reason of any facsimile or email equipment for receipt of bidder's transmission of its modification shall not relieve bidder of the responsibility set out in the preceding sentence.

IB-7 WITHDRAWAL OF BIDS

7.1 A bidder may withdraw its bid either personally, by facsimile or email communication or by written notification, provided that the District receives bidder's notice of bid withdrawal in the room where bid opening occurs prior to the scheduled closing time for receipt of bids and, in the case of facsimile or email communication, provided that the District also receives by the third day after the closing date written confirmation signed by the bidder and postmarked before the closing time and date.

7.2 Bidder is solely responsible for timely receipt by the District of any withdrawal of its bid. The unavailability for any reason of any facsimile or email equipment for receipt of bidder's transmission of its withdrawal shall not relieve bidder of the responsibility set out in the preceding sentence.

IB-8 REJECTION OF BIDS

8.1 The District reserves the right to reject any bid or all bids, or to waive any informality in bids received.

8.2 The District may consider irregular and reject bids if: (1) the bid contains any unit price that is unbalanced, either above or below the amount that the District deems reasonable for a

Labor & Materials – Rev 11/05/2018 9 Part II – Instruction to Bidders particular unit; (2) the bid does not contain a unit price for every item bid; or (3) the bid contains qualifications, unauthorized additions, deletions, or conditions. (See IB-3, ¶ 3.3.)

IB-9 BONDS, INSURANCE CERTIFICATES AND STATEMENTS

9.1 Bidder must submit with its bid (a) a certified check or cashier's check payable to the order of Public Utility District No. 1 of Douglas County, Washington, for a sum not less than five percent (5%) of the Total for Bid Comparison, that it lists in its bid proposal, or (b) a Bid Bond on the form designated in Part III Section 1 of this document in an amount not less than five percent (5%) of the Total for Bid Comparison, that it lists in its bid proposal, with a corporate surety acceptable to the District and licensed to do business in the State of Washington. The bid bond shall provide that the bidder shall pay the District as liquidated damages the amount specified in the bond, unless within ten (10) calendar days after the date on which the District provides to it written notification that it is the successful bidder, bidder delivers to the District: (1) the signed Contract that fully complies with the Contract Documents; (2) the Performance and Payment Bond; (3) the Certificates of Insurance that the Contract Documents require, and; (4) if RCW 39.12 (Prevailing Wages on Public Works) applies, proof of bidder's proper submittal to the Washington State Department of Labor & Industries of each Statement of Intent to Pay Prevailing Wages applicable to the Work.

As an alternative to (a) and (b) in the first sentence of the preceding paragraph, Bidder may submit an annual bid bond, in an amount not less than 5% of the amount of each bid. Bidder must file with the District its annual bid bond at the time of or before submitting its bid and supply a copy of that bid bond with each bid submittal. Failure to supply a copy of the annual bid bond with each bid submitted may be considered an irregularity and cause the bid to be rejected.

9.2 The bidder that receives notice of award of the Contract must supply a Performance and Payment Bond executed as surety by a corporation authorized to issue surety bonds in the State of Washington with sureties Satisfactory to the District, for one hundred percent (100%) of the contract price. Each bidder shall include the entire cost of the Performance & Payment Bond in its bid price. Contract Forms, Part IV, Section 2, includes the form of the Performance and Payment Bond that the successful bidder must supply. If bidder provides a Bid Bond or a Performance and Payment Bond or a retainage bond on forms other than those contained in the Contract Documents, bidder and its surety irrevocably agree that the terms and conditions of the bond forms contained in the Bid Forms, Part III, and the Contract Forms, Part IV, control in the event of conflict between those terms and conditions and the terms and conditions that the bonds supplied contain.

9.3 For insurance that the Contract Documents require the successful bidder to provide, the successful bidder must, at or before the time of execution of the Contract, deliver to the District one (1) copy of the Certificate of Insurance included in the Contract Forms, Part IV Section 3, completed by bidder's insurance representative certifying that the minimum insurance coverages and endorsements are in effect and certifying that the District is, as the Contract Documents require, an additional insured under the insurance policy.

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9.4 For any work subject to RCW 39.12 “Prevailing Wages on Public Works,” the successful bidder, in full compliance with RCW 39.12.040, must file the "Statement(s) of Intent to Pay Prevailing Wages" that the Industrial Statistician of the Department of Labor & Industries has approved. The successful bidder must also deliver the Department of Labor and Industries approved Statement(s) of Intent to the District. No payment will be made by the District until the District has received the approved Statement(s) of Intent to Pay Prevailing Wages from the Contractor and any sub-contractor. See RCW 39.12 (Prevailing Wages on Public Works) and GC- 5 (Wage Rates).

IB-10 EVALUATION OF BIDS

10.1 The District will evaluate bids, based on bidder's furnishing that which the Bid Document specifies in full compliance with the Bid Document.

10.2 The unit price will govern if an error occurs in arithmetic extension. The correct result governs in the case of arithmetic errors.

10.3 The District, in evaluating bids, will consider all factors, whether specifically listed or not, that will affect the final cost and benefits to the District. These factors include but are not limited to: price; bidder’s ability to perform within the time specified; the ability, capacity, and skill of the bidder to perform in full compliance with the bid document; bidder's experience; bidder’s past record in meeting commitments; qualifications of bidder's personnel who will perform the Work;

equipment that bidder will use to perform the Work; bidder’s ability, financial and otherwise, to properly, timely, and safely perform the Work; bidder’s integrity, reputation, judgment, and efficiency; bidder’s prior performance; bidder’s claim submittal history; bidder’s ability to promptly and efficiently perform any warranty work; and all anticipated District expenses that may vary between bidders. If the bid includes furnishing manufactured equipment, the District will also consider: the design and construction of the equipment; its performance; the anticipated cost of operation and maintenance; and, if applicable, the character and location of bidder's service facilities.

10.4 The Commission of the District has final authority to decide if a bidder’s bid is responsive to the District’s call for bids and to decide if a bidder qualifies as a responsible bidder for the Work that bidder’s proposal covers.

IB-11 AWARD OF CONTRACT

11.1 The District will award the contract as a whole, as soon as practicable, to the lowest responsive bidder, price and other factors considered, provided that the District deems the bid reasonable and that the District deems it in its best interest to award it.

11.2 The District will not, under any circumstances, be responsible for the reimbursement of any costs that any bidder incurs in the preparation of its bid.

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11.3 The District will notify the successful bidder in writing of the award of Contract within thirty (30) days after bid opening. The District will forward the Contract and Performance and Payment Bond forms to the successful bidder with the notification. Within ten (10) calendar days after the District’s transmittal of written notice of award, the successful bidder shall deliver to the District one executed copy of the Contract, the Performance and Payment Bond, and one completed copy of the Certificate of Insurance. In addition, the successful bidder, in compliance with RCW 39.12.040 and applicable law, must file all required "Statements of Intent to Pay Prevailing Wages" that the Industrial Statistician of the Department of Labor & Industries has approved and timely deliver these to the District in compliance with applicable law. [See RCW

39.12 “Prevailing Wages on Public Works” and GC-5 (Wage Rates)].

11.4 The District will return the certified checks or cashier’s checks, if any, of the bidders that do not receive contract award as promptly after award of the Contract as is reasonably practical.

Labor & Materials – Rev 11/05/2018 12 Part III – Bid Forms

PART III

BID FORMS

SECTION 1

BID BOND FORM

, as Principal, and , as Surety, obligate ourselves to PUBLIC UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY (the District), in the sum Dollars (which sum is not less than five percent (5%) of the amount of Principal’s bid). Principal and Surety hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, to pay this sum. Surety irrevocably agrees that the laws of the State of Washington bind it and that it is subject to the jurisdiction of the Courts of the State of Washington.

The condition of the obligation of this bond is that:

1. Principal has submitted its written bid, dated , in response to the District's advertisement for bid for

2. If Principal withdraws its bid in a manner not authorized by the Bid Document; or if the Principal does not, within ten (10) calendar days after the District’s transmittal to it of notice of award for any reason whatsoever, except the sole fault of the District, enter into the Contract Agreement with the District in full compliance with the Contract Agreement and provide a Performance and Payment Bond with good and sufficient surety for the faithful performance and proper fulfillment of the entire contract agreement, and supply the certificates of insurance (if applicable) as required by the bid document, then the above obligations shall be and remain in full force and effect, and we shall immediately pay to the District as liquidated damages the above stated sum. Otherwise they shall be void.

The person signing this bond on behalf of Principal and the person signing on behalf of Surety each have full authority from their respective governing bodies to bind Principal and Surety by their signature. Principal and Surety have each signed this instrument and each stamped it with our seals this _______ day of ____________________, 20___.

Labor & Materials – Rev 11/05/2018 13 Part III – Bid Forms

(SEAL)

(Principal)

(Signature)

(Business Address)

In Presence of

(Address)

(SEAL)

(Surety)

(Business Address)

In Presence of

(Address)

Labor & Materials – Rev 11/05/2018 14 Part III – Bid Forms

SECTION 2

PROPOSAL

TO: Public Utility District No. 1 of Douglas County 1151 Valley Mall Parkway East Wenatchee, Washington 98802

1. BID BOND. Enclosed is bidder’s Bid Bond or certified or cashier’s check or copy of the annual bid bond, the original of which is on file with the District, payable to the District in an amount of not less than five percent (5%) of the total for bid comparison.

2. ADDENDA. The undersigned acknowledges receipt, and full consideration, of the following addenda, if any, issued prior to the date for receipt of bids (if none, please so state):

3. BID AMOUNT. The undersigned proposes and agrees to furnish all plant, labor, materials, tools, supplies, equipment, transportation, supervision, design, services, goods and other items and to complete the Work in strict compliance with the Bid Document, for the following price(s) (all prices below are firm, fixed prices and are in U.S. dollars, exclusive of Washington State sales tax):

Bidder must complete the Bid Summary and Construction Units in Appendix A and include with bid.

TOTAL FOR BID COMPARISON: $

4. BIDDER’S OBLIGATIONS. The undersigned bidder represents and warrants that:

Labor & Materials – Rev 11/05/2018 15 Part III – Bid Forms

4.1 This bid proposal constitutes a firm offer that cannot be withdrawn for thirty (30) consecutive calendar days after the District opens the bids.

4.2 It has carefully examined the Bid Document, all its parts, and all documents referenced in the Bid Document, including but not limited to the Invitation for Bids, Instructions to Bidders, Bid Forms, Contract Forms, General Conditions, Special Conditions, Technical Provisions, Contract Drawings, addenda, if any, and any other components of the Bid Document.

4.3 By careful examination of the Bid Document and any addenda, all applicable federal, state, tribal and local statutes, regulations and codes, applicable prevailing wage requirements and by careful investigation of all other pertinent general and local conditions and matters, it has satisfied itself as to the nature, location, character, required quality and quantity of the Work and as to any conditions and other matters that it may encounter or that may affect its performance of the Work or the cost and time to perform it.

4.4 It is thoroughly experienced in and competent to fully perform all tasks that the Bid Document covers in full compliance with that document.

4.5 It has carefully checked all its calculations.

4.6 Its bid meets or exceeds all requirements of and fully complies with the Invitation for Bids, Instructions to Bidders, Bid Forms, Contract Forms, General Conditions, Special Conditions, Specifications - Technical Provisions, Contract Drawings and prevailing wage requirements, including any addenda. If bidder’s proposal contains or includes any statements or documents that do not fully and strictly comply with the representations and warranties of the preceding sentence (e.g.

Bidders standard terms and/or conditions, sales policy, bidder’s clarifications, bidder’s exceptions, modifications to the general and/or special conditions, modifications to the specifications – Technical Provisions, Contract Drawings, prevailing wage requirements, etc.) bidder irrevocably authorizes the District to consider all such statements or documents as null, void and of no effect in the award of the contract.

4.7 If awarded the contract, it will execute and deliver to the District the written contract, with the required Payment and Performance Bonds, and Certificates of Insurance (if applicable), all in the form that the Bid Document requires, within ten (10) calendar days after the written notice of award.

4.8 Bidder meets all responsibility criteria that RCW 39.04.350 references.

5. BID BOND/CERTIFIED CHECK/CASHIER’S CHECK. The undersigned agrees that the amount of the Bid Bond or the certified check or cashier’s check of the bidder to which the District issues notice of award shall be and remain the property of the District in the event that the undersigned, if it is the bidder to which the District issues notice of award, fails to

Labor & Materials – Rev 11/05/2018 16 Part III – Bid Forms execute the Contract Agreement and to supply the required Performance and Payment Bonds, and Certificates of Insurance (if applicable). It is understood and agreed that the failure of the bidder to which the District issues notice of award to enter into the Contract and to give the required bonds, and Certificates of Insurance within ten (10) calendar days after the District transmits written notice of award will cause substantial damage to the District, including delay in its operations, which damage is not easily reducible to monetary terms. It is therefore agreed that the amount of the bid bond or certified check or cashier’s check constitutes the agreed upon liquidated damages for bidder’s failure to fully and timely supply all the above.

DATE:

NAME OF COMPANY:

(Printed)

FOR CORPORATIONS/LIMITED

LIABILITY COMPANIES,

STATE OF INCORPORATION/

FORMATION:

(Printed)

FOR PARTNERSHIPS,

FULL NAMES OF ALL PARTNERS:

Labor & Materials – Rev 11/05/2018 17 Part III – Bid Forms

PROPOSAL SUBMITTED BY:

By:

(Printed)

Title:

ADDRESS:

WA State Contractor License #

WA State UBI #

Federal Tax EIN

Labor & Materials – Rev 11/05/2018 18 Part III – Bid Forms

SECTION 3

DATA TO BE SUBMITTED WITH BID

(1) Bidder certifies that it has the following experience and qualifications:

1.1 Bidder's experience in this type and magnitude of Work:

1.2 Bidder's qualifications, including technical qualifications, to properly, timely and efficiently perform the Work:

(2) Bidder's References:

2.1 Financial:

2.2 Name and provide the current addresses, current telephone numbers and current email addresses of at least three persons that the District may contact to obtain information about bidder's prior work of this type:

(i)

(ii)

Labor & Materials – Rev 11/05/2018 19 Part III – Bid Forms

(iii)

Only if Part II, IB-2 “Qualifications of Bidder,” § 2.2 applies, bidder need not complete (1) and (2) above. All bidders must complete (3), (4) and (5) below:

(3) Performance Schedule (See SC-2):

3.1 List any and all factors that might preclude bidder from meeting any part of the contract schedule specified in SC-2:

(None, unless stated otherwise here.)

(4) Facilities/equipment that bidder will use to perform the Work:

(5) Location and address of entity that will perform warranty/service/repair activities:

(6) Bidder certifies the following:

6.1 It has in place a proper safety and accident prevention program that for this Work fully complies with all safety orders, rules, regulations, codes and requirements of all federal, state, and local governmental agencies that have jurisdiction over safety relating to the Work, including but not limited to federal OSHA and state WISHA.

6.2 It will require each of its subcontractors of any tier (if any) to have in place a proper safety and accident prevention program that meets or exceeds all requirements listed in

6.1 above.

6.3 It will strictly enforce all requirements of safety and accident prevention programs throughout the entire Work, including but not limited to all requirements relating to safety equipment, work rules, worker safety, written site specific safety plans, safety meetings, safety

Labor & Materials – Rev 11/05/2018 20 Part III – Bid Forms inspections and all requirements to assure the safety of all work sites, all workers, all District employees and/or representatives, and the general public.

6.4 It will strictly comply with and ensure that all subcontractors and suppliers of any tier will strictly comply with all requirements of GC-15.

6.5 In compliance with GC-28, it will defend, indemnify and hold the District harmless from any and all consequences of any failure by it or any of its subcontractors to fully comply with the above certification.

I represent and warrant that the data provided above is true and accurate.

Name (print): _________________________________________________________________

Title: ________________________________________________________________________

Safety Representative’s Name (if other than above): _________________________________

Safety Representative’s Telephone Number: _______________________________________

Labor & Materials – Rev 11/05/2018 21 Part III – Bid Forms

SECTION 4

If RCW 39.30.060 (Subcontractor Listing Statute) applies to bidder’s bid, bidder must complete this form. (See IB-1.4(3); GC 6.5), i.e., If bidder’s bid is for construction, alteration, or repair of a public building or public work and is for one million dollars or more, bidder must complete this form and submit it with its bid, listing the name of each subcontractor with which bidder will subcontract for performance of: heating, ventilation, and air conditioning; plumbing as RCW 18.106 describes; electrical as RCW 18.28 describes; structural steel installation and rebar installation as RCW 39.30.060(1)(b) describes.

SUBCONTRACTOR’S LIST

Subcontractor Name:

Categories of Work:

WA State UBI Number:

WA State Contractor’s License Number:

Subcontractor Name:

Categories of Work:

WA State UBI Number:

WA State Contractor’s License Number:

Subcontractor Name:

Categories of Work:

WA State UBI Number:

WA State Contractor’s License Number:

Subcontractor Name:

Categories of Work:

WA State UBI Number:

WA State Contractor’s License Number:

Attach additional sheets with the above information, if necessary.

Labor & Materials – Rev 11/05/2018 22 Part IV – Contract Forms

PART IV

CONTRACT FORMS

CONTRACT AGREEMENT

__________________________________________________________ (“Contractor”), and Public Utility District No. 1 of Douglas County (“District”) enter into this contract agreement effective , 20____.

The parties agree as follows:

1. The Work. Contractor, in consideration of the payment to be made to it, agrees to fully, and properly, and timely perform all the Work, fulfilling all of Contractor's obligations, in strict compliance with all terms and conditions of this Contract Agreement.

2. Contract Documents. The complete Contract Agreement consists of:

(a) This Contract Agreement;

(b) The Bid Document consisting of:

Part I Invitation for Bids Part II Instructions to Bidders Part III Bid Forms Part IV Contract Forms Part V Addendum, Change Order and Payment Forms Part VI General Conditions Part VI I Special Conditions Part VIII Specifications - Technical Provisions Part IX Prevailing Wage Rates Part X Contract Drawings

(c) Contractor's Proposal to the District dated __________________________, 20_____. However, if any conflict exists between Contractor's Proposal and the Contract Documents designated in paragraphs (a) and (b) above, the

Labor & Materials – Rev 11/05/2018 23 Part IV – Contract Forms above designated Contract Documents shall control unless both the District and the Contractor have specifically and expressly mutually agreed otherwise in writing.

3. Payment. As full compensation for full, proper, and timely performance of all of Contractor's obligations, the District will pay Contractor $_________________, in accordance with the payment provisions of the Contract Documents.

4. Applicable Law. Contractor shall comply with all applicable federal, state, tribal and local laws, regulations and codes. The law of the State of Washington governs this contract and all questions relating to it. The substantially prevailing party in any legal action shall be entitled to recover all costs of suit, including but not limited to reasonable attorney fees. The District, if it is the prevailing party, shall be entitled to recover expert witness fees and all payroll costs of its personnel and all reasonable travel expenses in connection with legal action. The venue of any legal proceeding involving the District and the Contractor shall, at the District's sole discretion, be exclusively in a court of competent jurisdiction of the State of Washington, County of Douglas, or the U.S. District Court for the Eastern District of Washington.

Dated: , 20____.

"DISTRICT"

PUBLIC UTILITY DISTRICT NO. 1 OF

DOUGLAS COUNTY, WASHINGTON

Gary R. Ivory, General Manager

Labor & Materials – Rev 11/05/2018 24 Part IV – Contract Forms

Dated: , 20____.

"CONTRACTOR"

(Company Name)

By:

(Typed/Printed Name and Title)

WA State Contractor License #

WA State UBI #

Federal Tax EIN

Labor & Materials – Rev 11/05/2018 25 Part IV – Contract Forms

PERFORMANCE AND PAYMENT BOND

, herein Principal, and , herein Surety, jointly and severally obligate ourselves, our heirs, executors, administrators, assigns and successors, for payment to Public Utility District No. 1 of Douglas County, Washington, in the sum of

Surety irrevocably agrees that the laws of the state of Washington bind it and that it is subject to the jurisdiction of the state of Washington.

THE CONDITION of the obligation of this bond is that:

1. On the _____ day of , 20___. Principal executed a contract with the District obligating itself to fully perform all terms, conditions and undertakings of that contract in strict compliance with the Contract Documents. This Performance and Payment Bond incorporates the Contract Documents in their entirety by reference.

2. If the Principal shall fully, properly, and timely perform and fulfill all the obligations, undertakings, agreements, terms, conditions, guarantees, and warranties of the contract in strict compliance with the Contract Documents and within the time(s) set therein, and shall indemnify and hold the District harmless from all costs and damages (including reasonable attorney fees) that the District may incur by reason of any failure of Principal to do so, and shall fully reimburse and repay the District for any and all expenses that it may incur in making good any such failure of performance by Principal, and shall promptly make payment to all persons, firms, partnerships, corporations, limited liability companies or others that shall supply labor, materials, services, goods, tools, supplies, equipment, transportation, supervision, utilities or other items for use in the Work and shall fully reimburse the District for any excess in cost of performance over the price set in the Contract Documents and any amendments thereto, occasioned by any default of the Principal under the contract and any amendments thereto, then these obligations shall be null and void, but otherwise the obligations shall remain in full force and effect.

Labor & Materials – Rev 11/05/2018 26 Part IV – Contract Forms

No prepayment or delay in payment and no change, extension, addition, or alteration of any provision of the Contract agreed to between Contractor and the District, and no forbearance on the part of the District, shall operate to relieve surety from any liability on this bond, and Surety hereby consents to any such alterations without further notice to or consent by Surety.

Dated this ______ day of , 20___.

"PRINCIPAL"

"SURETY"

Address of local office and agent, and home offices of Surety Company:

Labor & Materials – Rev 11/05/2018 27 Part IV – Contract Forms

CERTIFICATE OF INSURANCE

INSURED:

PUBLIC UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY, WASHINGTON, IS AN

ADDITIONAL INSURED ON EACH POLICY HEREIN, for all activities of the above-named insured relating to: Contract No.

Purchase Order No.

COMPANIES PROVIDING COVERAGE:

POLICY NO.:

COVERAGES (see GC-4)

Type

Limits

Policy Expiration Date

COMMERCIAL GENERAL LIABILITY

Owners/Contractor’s Protective Liability $ Premises and Operations $ Products Liability $ Completed Operations $ Broad Form Blanket Contractual Liability $ Broad Form Property Damage $ Explosion, Collapse/Underground (XCU)

Hazards

Watercraft Liability $ Aircraft Liability $ Personal Injury Liability $ Hostile Fire Pollution Liability $

COVERAGES

Labor & Materials – Rev 11/05/2018 28 Part IV – Contract Forms

Type

Limits

Policy Expiration Date

AUTOMOBILE LIABILITY $

This insurance covers all owned, non-owned, leased and hired automobiles, vehicles and equipment)

EXCESS LIABILITY $

Umbrella Form $ Other Than Umbrella Form $

EMPLOYERS’ LIABILITY $

DESCRIPTION OF RESTRICTIONS/SPECIAL ITEMS (if any):

All the insurance policies above, except Worker’s Compensation and Automobile Liability provide a Severability of Interest or Cross liability Clause, provide that the insurance shall be primary and not…