Clark Public Utilities

BID DOCUMENTS

UG CABLE REPLACEMENT

SW 2ND AVE & SW 12TH ST

BID 731

October 2, 2026

Only Prequalified Contractors May Bid This Project Consistent with RCW 54.04.085, the work of this project involves “construction or improvement of any electrical facility”, and only contractors who have been prequalified by Clark Public Utilities are eligible to submit a bid. Any bid received from a non-prequalified contractor will be returned unopened and will not be considered.

UG Cable Replacement - SW 2nd Ave & SW 12th St Bid 731

Section 00 01 10

TABLE OF CONTENTS

Last Revised: March 3, 2016

TABLE OF CONTENTS

Conditions of the Contract Number of Pages

00 11 00 ADVERTISEMENT FOR BIDS 2

00 21 00 INSTRUCTIONS TO BIDDERS 9

00 41 00 BID FORM 3

00 72 00 GENERAL CONDITIONS 49

00 72 10 MODIFICATIONS TO THE GENERAL CONDITIONS 1

Technical Specifications

01 11 00 SUMMARY OF WORK 3

Appendices

Appendix A

• Bid Bond

• Public Works Payment Bond

• Public Works Performance Bond

• Retainage Bond

• Public Works Contract

Attachments

Drawings

• Plan Set

Documents

• Cable Table

• Material List

END OF SECTION

Clark Public Utilities Section 00 11 00 UG Cable Replacement - SW 2nd Ave & SW 12th St ADVERTISEMENT FOR BIDS Bid 731 Page 1 of 2

Last Revised: August 19, 2025

ADVERTISEMENT FOR BIDS

Bid 731 - UG Cable Replacement - SW 2nd Ave & SW 12th St Date of Bid Opening: Tuesday, October 20, 2026

NOTICE TO CONTRACTORS:

Bid Submittal: Sealed bids will be received electronically through ProcureWare by logging into your account at https://clarkpud.procureware.com (navigate to the Response tab, and upload your bid response) or sealed bids may be delivered to Clark Public Utilities, Purchasing Department, Ed Fischer Operations Center Building, 8600 NE 117th Avenue, Vancouver, WA 98662 (courier service or hand delivery only). There is no US Postal Service to this address.

Bids will only be accepted from contractors who are currently prequalified by Clark Public Utilities for construction or improvement of any electrical facility as required by RCW 54.04.085.

Bid submittals must be received by the Utility at the location noted above no later than 11:00 A.M., Pacific Time, on Tuesday, October 20, 2026. Bids will then be publicly opened and read aloud.

Bidders also have the option to call into the bid opening at 1-866-951-1151, and Conference ID No. 335-968-365.

Bids received after the date and hour stated above will not be accepted or considered.

Project Description: The project includes the following work: Boring for approximately 6,700 feet in City of Battle Ground R/W and public utility easement and installing multiple runs of 2” and 4” conduit. If trenching is required due to conditions, all open trenching must be pre-approved by CPU Superintendent prior to work. Providing all conduit, bore pipe, elbows, fittings, pull tape and pvc cement. Installing and energizing approximately 7,000 feet of jacketed 1/0 AL primary conductor, three (3) single-phase padmount transformers, one (2) three-phase vaulted J-box, and associated work as more fully described in the Summary of Work.

Bid Documents: Bidders may obtain or access plans, specifications, and addenda for this project through the following website: https://clarkpud.procureware.com. If the Bidder is not currently registered, Bidder must register at the preceding website selecting the Supplemental Application “Public” category to access Bid Documents.

Bid Guaranty: Bidder shall submit with its bid either an original surety company bid bond on the form provided by the Owner, or a cashier's or certified check payable to the order of Clark Public Utilities, in an amount not less than five percent (5%) of the total amount of the Bid that could be awarded including any Additives and Alternates and excluding sales tax. Bids not accompanied by an appropriate bid guaranty may be rejected as non-responsive.

Questions: Questions about this project should be directed to the following individual. Depending on the nature of the question, the Utility may require the Bidder to put a question in writing.

Contact Person, Title: Cathy Wannamaker, Materials Manager Phone Number: 360-992-8834 E-mail Address: cwannamaker@clarkpud.com https://clarkpud.procureware.com/ mailto:cwannamaker@clarkpud.com

Clark Public Utilities Section 00 11 00 UG Cable Replacement - SW 2nd Ave & SW 12th St ADVERTISEMENT FOR BIDS Bid 731 Page 2 of 2

Last Revised: August 19, 2025

At its sole discretion, Clark Public Utilities reserves the right to reject any or all bids, and to waive as an informality any immaterial irregularities in the bids received.

By Order of the Commission, Nancy Barnes, Secretary

Date(s) of Publication: Friday, October 2, 2026

Clark Public Utilities Section 00 21 00 UG Cable Replacement - SW 2nd Ave & SW 12th St INSTRUCTIONS TO BIDDERS Bid 731 Page 1 of 9

Last Revised: July 21, 2026

1. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

A. Examination of Site and Requirements: Bidder acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the Work, that it has carefully examined the Bid Documents and the work site, and that it has investigated and satisfied itself as to all general and local conditions, and with all applicable Federal, State, and local laws, ordinances, rules, and regulations that may in any manner affect the performance of the Work or its cost.

B. Surface and Subsurface Conditions: Bidder acknowledges that it has satisfied itself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by Owner, as well as from the drawings and specifications made a part of the Bid Documents. Bidder also represents that it has studied all surveys and investigation reports of subsurface and latent physical conditions referred to in the Bid Documents, made such additional surveys and soil investigations as it deems necessary for the performance of the Work at the Total Bid amount, in accordance with the requirements of the Bid Documents, and that it has correlated the results of all such data with the requirements of the Bid Documents.

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

D. Bidder Acknowledgement: Bidder acknowledges that its bid is based upon a schedule and assumptions which incorporate these conditions.

E. Questions and Addenda: Owner assumes no responsibility for any conclusions or interpretations made by Bidder based on the information made available by Owner.

Should a Bidder find conflicts, errors, discrepancies, or omissions in the Drawings or Specifications, or should Bidder be in doubt as to their meaning or interpretation, Bidder shall at once notify the Owner in writing. At the Owner’s discretion, questions received less than five (5) calendar days before the bid submission deadline may not be answered. If appropriate, Owner will send explanations, interpretations, or modifications to all bidders by written addenda. Oral explanations and interpretations by the Owner shall not be binding. All addenda issued shall be incorporated into the Contract Documents.

2. BID DOCUMENTS

Bidders may obtain or access plans, specifications, and addenda for this project through the following website: https://clarkpud.procureware.com. If the Bidder is not currently registered, Bidder must register at the preceding website selecting the Supplemental Application “Public” category to access Bid Documents.

3. PREPARATION OF BIDS

Bidder shall comply with the following instructions in preparing its bid.

Bid 731 Page 2 of 9

A. Complete Bid Form: The name, address, Washington State Contractor's registration number of Bidder, and other information required shall be typed or printed on the Bid Form in the spaces provided. The Bidder’s business name must match the name on the bid guaranty.

B. Use Bid Form: Bidders must submit bids on the Bid Form (or photocopy of the Bid Form) provided by the Owner.

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

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

E. Sign Bid Form: The Bid Form shall be manually signed by an authorized representative of the Bidder.

F. Initial Corrections: Any correction to entries made on the Bid Form shall be initialed by an authorized representative of the Bidder.

G. Acknowledge Addenda: Bidders shall acknowledge receipt of all addenda by identifying the addendum number in the space provided on the Bid Form.

4. BID PRICES

A. Filing Fees: Applicable state laws concerning prevailing wages, hours, workers' compensation and other conditions of employment are called to the attention of Bidders for their compliance. Bidder shall include in the bid any filing fees required to comply with applicable labor laws.

B. Sales Tax: The bid shall include all taxes imposed by law except Washington State

Sales Tax. Sales tax shall not be included in the bid price, except as noted below:

a. Retail sales tax upon sales and rentals to prime contractors and subcontractors of tools, equipment, and material primarily for use by the Contractor rather than for resale as a component part of the finished structure, shall be included in the bid price. A proportionate amount of State sales tax will be added to each progress payment, collected from Owner, and paid to the State by Contractor.

b. WAC 458-20-171 and its related rules apply to building, repairing, or improving streets, roads, etc. that are used primarily for foot or vehicular traffic. For Work performed in such cases, the Bidder shall include Washington State retail sales taxes in the various Bid item prices and other bid amounts, including those that

Bid 731 Page 3 of 9 the Contractor pays on the purchase of materials, equipment, and supplies used or consumed in doing the Work.

C. Bid Allowances: Bidder shall include in the bid all allowances provided on the Bid Form.

Owner will pay the difference if the actual cost exceeds the allowance.

D. Trench Safety System Bid: If this project will involve trench excavation in excess of a depth of four feet, Bidder must include a lump sum dollar amount in the space indicated on the Bid Form for the cost of the trench safety systems for the trench excavation. The costs of trench safety systems shall not be considered as incidental to any other contract item, and any attempt to include the trench safety systems as an incidental cost is prohibited. Identification of this amount is an acknowledgment that the Bidder has considered proper safety provisions in the bid amount but does not relieve the Bidder of responsibility for full compliance with all laws and statutes regardless of their actual cost.

A bid that identifies the cost of the trench safety systems as “N/A,” ‘zero,” or “0.00” shall be declared non-responsive.

E. Insurance and Bonds: Bidder shall include in its bid the cost of all insurance and bond costs required by the Contract Documents to complete the base bid work and all additives and alternates.

5. SPECIFIED PRODUCTS

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

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

6. BID GUARANTY

A. Form and Amount: Bidder shall submit with its bid either a surety company bid bond on the form provided by the Owner (included in Appendix A), or a cashier's or certified check payable to the order of Clark Public Utilities, in an amount not less than five percent (5%) of the total amount of the Bid that could be awarded including any Additives and Alternates and excluding sales tax. Bids not accompanied by an appropriate bid guaranty may be rejected as non-responsive.

1. The bid bond must be signed by an approved surety (or sureties) that appears on the current Authorized List in the State of Washington published by the Office of the Insurance Commissioner.

B. Bids Valid: The award of a contract, if awarded, shall be made within sixty (60) calendar days after the bid submission deadline. No Bidder may withdraw its bid after the bid submission deadline, unless the award of the contract is delayed for a period exceeding

Bid 731 Page 4 of 9 sixty (60) calendar days from the bid submission deadline. The Owner reserves the right, for a period of sixty (60) calendar days following the bid submittal deadline, to initiate or rescind acceptance of any Alternate or Additive Bid in the amounts bid on the Bid Form.

C. Holding Bid Guaranties: Owner reserves the right to hold the bid guaranties of all

Bidders until the successful Bidder has entered into a contract with the Owner, or for a period of sixty (60) calendar days, whichever is the shorter time.

D. Forfeiture of Bid Guaranty: If the successful Bidder fails to enter into a contract with the

Owner and provide satisfactory performance and payment bonds and evidence of insurance within the days specified herein, the bid guaranty shall be forfeited to the Owner.

7. SUBMISSION OF BIDS

A. Bid Receipt Deadline: Bidders may physically deliver their sealed bid, or submit their sealed bid electronically through ProcureWare. Bids must be submitted using the Bid Form included with the Bid Documents prior to the deadline as specified in the Advertisement for Bids. Any bid received after the bid submission deadline will not be accepted or considered and will be returned unopened. The official time for determining whether a bid has been submitted in a timely manner is based on the time stamp clock in the Purchasing office located at 8600 NE 117th Ave, Vancouver, WA 98662, and the ProcureWare system time clock for electronic submittals. Bids received prior to the bid submission deadline will be publicly opened and read aloud shortly after the deadline.

B. Sealed Bid Envelope: If bid is physically delivered, it must be submitted in sealed envelope or package (1) addressed to the office specified in the Advertisement for Bids and (2) showing the name of the project, bid opening date and time, and the name and address of Bidder.

C. Evidence of Bid Receipt: The only acceptable evidence to establish the time of receipt of physically delivered bid at the office designated in the Advertisement for Bids is the time/date stamped or printed by Owner on the bid envelope or other documentary evidence of receipt maintained by Owner. Electronic bid submittals timestamped and logged through the ProcureWare system.

D. Prohibited Forms of Bids: Receipt of bids by e-mail, facsimile, telephone, or orally will not be considered.

E. Withdrawal and Resubmission of Bid: Bidders may withdraw their physically delivered bid if the Owner receives a request from a Bidder to withdraw the bid prior to the bid submission deadline. Bids submitted electronically through ProcureWare may also be withdrawn electronically prior to the bid submission deadline. Any request to withdraw a bid which is received after the bid submission deadline will not be considered. The Bidder may revise such a bid and resubmit it if the revised bid is received prior to the bid submission deadline.

Bid 731 Page 5 of 9

8. CLAIM OF ERROR

A. Submission of Claim of Error: A Bidder who wishes to claim error after the bids have been opened shall submit a signed statement, accompanied by actual work sheets used in the preparation of the bid, requesting relief from the responsibilities of award. The statement shall describe the specific error(s) and certify that the work sheets are the actuals used in the preparation of the Bid. The statement and actual work sheets shall be submitted in person or by courier to:

Clark Public Utilities – Purchasing Department

8600 NE 117th Avenue Vancouver, Washington 98662 or via email to cwannamaker@clarkpud.com by 5:00 p.m. on the Business Day after the bid submission deadline or the claim will not be considered. The Owner reserves the right to extend this deadline at its discretion.

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

9. BID EVALUATION

A. Non-Responsive Bids: Bids which are incomplete, conditioned or qualified in any way, contain erasures or alterations, include alternate bids or other items not called for on the Bid Form and in the Bid Documents, are not in conformity with the law or with these Instructions, contain a statement by the Bidder reserving the right to accept or reject an award or to enter into the contract, or include any other irregularity shall be rejected as nonresponsive if the irregularity is material and may be rejected as nonresponsive if the irregularity is not material. Only the amounts and information asked for on the Bid Form furnished will be considered as the bid. Failure to submit either the Bid Form or Subcontractors List (if applicable) within the allotted times as described in the Advertisement for Bids, Section 00 11 00, shall render the entire bid nonresponsive.

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

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

D. Tied Bids: After bids have been opened, if two or more of the lowest responsive bids have Total Bid amounts that are exactly equal, then the following drawing process will be mailto:cwannamaker@clarkpud.com

Bid 731 Page 6 of 9 used to break the tied bids and determine the successful Bidder. Two or more slips of paper will be marked as follows: one marked “Winner” and the other(s) marked “Unsuccessful.” The slips will be folded to make the marking unseen. The slips will be placed inside a box. One authorized representative of each Bidder shall draw a slip from the box. Bidders shall draw in alphabetic order by the name of the firm as registered with the Washington State Department of Licensing. The slips shall be unfolded and the firm with the slip marked “Winner” will be determined to be the successful Bidder and eligible for award of the contract. Only those Bidders who submitted a Total Bid amount that is exactly equal to the lowest responsive Bid are eligible to draw.

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

F. Correcting Bid Prices: After bid opening, bids will be checked for correctness of bid item price extensions and the total bid price. A discrepancy between a bid item price and the extended amount of any bid item shall be resolved by accepting the bid item price as correct. If a minimum bid amount has been established for any item and the Bidder’s unit or lump sum price is less than the minimum specified amount, the Owner will unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension.

G. Award of Additives, Alternates, Deductives: The low bid shall be determined by the sum of the Base Bid (the summation of bid item price extensions, corrected where necessary), plus any combination of Additives, Alternatives, and/or Deductives that the Owner decides, in its sole discretion, to include in the contract award. Additives, Alternates, and/or Deductives may be selected in any order that the Owner chooses.

The numbering of the Additives, Alternates, and/or Deductives on the Bid Form bears no relationship to the order in which they may be selected by the Owner. The summation of extensions, corrected where necessary, and including any applicable Additives, Alternatives, Deductives, and sales taxes, will be used to fix the awarded contract price and the amount of the payment and performance bonds.

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

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

Bid 731 Page 7 of 9

J. Reciprocal Bid Preference: In accordance with RCW 39.04.380, for a public works bid received from a nonresident contractor from a state that provides an in-state percentage bidding preference, a Comparable Percentage Disadvantage (CPD) will be applied to the bid of that nonresident contractor. The CPD is the percent advantage provided by the nonresident contractor’s home state. For the purpose of determining the successful Bidder, Owner will multiply the nonresident contractor bid amount by the CPD. The “bid amount” shall be the total of the Base Bid and all accepted Alternate, Additive, and Deductive bid items. The CPD shall be added to the nonresident contractor bid amount to establish the Nonresident Disadvantage Total. The Nonresident Disadvantage Total shall be compared to the Washington State contractor bid amounts, and other nonresident contractors whose states do not provide in-state percentage bidding preferences. The Bidder with the lowest total shall be the successful Bidder. See example below:

Alaska Nonresident Contractor Bid Amount $100,000 Multiplied by the Alaska CPD x 0.05 Alaska CPD Total $ 5,000

Alaska Nonresident Contractor Bid Amount $100,000 Alaska CPD Total + 5,000 Nonresident Disadvantage Total $105,000

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

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

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

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

b) At the time of bidding on a public works project, does not have a physical office located in Washington. The state of residence for a nonresident contractor is the state in which the contractor was incorporated or, if not a corporation, the state where the contractor’s business entity was formed.

10. LOW RESPONSIBLE BIDDER

A. Mandatory Bidder Responsibility Criteria: It is the intent of Owner to award a contract to the low responsible bidder. Before award, the Bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The Bidder may be required

Bid 731 Page 8 of 9 by the Owner to submit documentation demonstrating compliance with the criteria. The Bidder must:

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

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

3. If applicable:

a. Have Industrial Insurance (workers’ compensation) coverage for the Bidder’s employees working in Washington, as required in Title 51 RCW;

b. Have a Washington Employment Security Department number, as required in Title 50 RCW;

c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW;

4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3), or be suspended or debarred from working on a federally funded project according to the federal website www.sam.gov.; and;

5. 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 department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW.

6. Have received training on the requirements related to public works and prevailing wage under chapter 39.04 and chapter 39.12 RCW; or be determined by the Washington Department of Labor and Industries as exempt from this subsection.

7. For public works projects subject to the apprenticeship utilization requirements of 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 first date of advertising for the project.

8. At time of bid submittal, not be subject to a revocation of a minor work permit under

RCW 49.12.390(4).

11. CONTRACT AWARD AND EXECUTION

A. Award: The formal acceptance by the Owner, through an award by its Board of Commissioners, of the lowest responsive bid of a responsible bidder that is within the budget available for the project, will be in the form of a written notice of award of public works contract to the Bidder issued by the Owner and mailed to the Bidder’s address shown on the Bid Form.

http://www.sam.gov/

Bid 731 Page 9 of 9

B. Contract Execution: Within ten (10) calendar days after the notice of award date, Bidder shall submit two (2) signed originals of the Contract (see Appendix A); certificate of insurance and endorsements as required in the Contract Documents; and separate Payment and Performance Bonds, each for 100% of the Contract Award Amount plus Washington State Sales Tax. The bonds shall be on a form furnished by the Owner (see Appendix A). The bonds must be signed by an approved surety (or sureties) that:

1. Appears on the current Authorized List in the State of Washington published by the

Office of the Insurance Commissioner; and

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

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

12. DEFINITION AND SECTION TITLES

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

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

B. Captions and Headings: The titles of sections in these Instructions to Bidders are for convenience only and do not define or limit the contents.

13. PUBLIC BID DISCLOSURE

Submittals received by the Utility in response to this bid become public records and are subject to Chapter 42.56 RCW, the Public Records Act. The Bidder should clearly identify in its submittal any specific information that it claims to be confidential or proprietary. If the Utility receives a Public Records Act request to view the information so marked in the Bidder’s submittal following a bid award, its sole obligations shall be to notify the bidder (1) of the request and (2) of the date that such information will be released to the requester unless the bidder produces a court order to enjoin that disclosure, pursuant to RCW 42.56.540, within ten (10) days of such notice.

Section 00 41 00

BID FORM

Bidder’s Business Name

Initials of Bidder’s

Representative

TO: Clark Public Utilities Ed Fischer Operations Center Attn: Purchasing Dept.

8600 NE 117th Ave.

Vancouver, Washington 98662

BID:

Pursuant to and in compliance with the Bid Documents, the undersigned Bidder agrees to perform the Work for the following Total Bid amount for the above-referenced project:

Item Description Total Price Dollars/Cents

1 Lump Sum Bid (excluding WA State sales tax) $

8.9% WA State Sales Tax: $

Total Bid Amount:

(including WA State Sales Tax)

SALES TAX:

None of the sums stated in the foregoing include Washington State Sales Tax, except as designated in Section 4 of the Instructions for Bidders.

TIME OF COMPLETION AND LIQUIDATED DAMAGES:

The undersigned Bidder agrees, if awarded the Contract, to complete the Work of the Contract within the number of calendar days specified in the Bid Documents, and also agrees to the amount specified herein for Liquidated Damages. Refer to Section 00 72 10, Modifications to the General Conditions. The provisions of the General Conditions section 3.07, for liquidated damages, remain in effect. It is further agreed that the time for completion of the Work described herein is a reasonable time considering the average climatic range and usual industrial conditions prevailing in the locality.

CONTRACT EXECUTION:

A. Contract Execution: If the Owner awards a contract based on this bid within sixty (60) calendar days of the bid submission deadline, the Bidder agrees to execute a contract for the above work, for compensation computed from the above stated bid amounts, on the Public Utility District No. 1 of Clark County Public Works Contract form.

B. Bonds and Insurance: Bidder shall submit executed Contract, separate Payment and

Performance Bonds, and acceptable evidence of insurance within ten (10) calendar days after receipt of award notice and Public Works Contract form from the Owner.

C. Failure to Execute Contract: If the successful bidder, upon award of a contract by the Owner, fails to execute the Public Works Contract or submit the Payment and Performance Bonds and acceptable evidence of insurance as required within the time specified, Owner may revoke the award. The bid guaranty may be retained by Owner as liquidated damages, not as a penalty. If a contract is not awarded within sixty (60) days after the bid submission deadline, or if the Bidder delivers a signed Public Works Contract, Payment and Performance Bonds, and acceptable evidence of insurance, then the certified or cashier’s check submitted as the bid guaranty shall be returned to the bidder, or the Bid Bond shall become void.

Bidder’s Business Name

DECLARATION:

A. Familiarity with Bid Documents and Site: The undersigned Bidder hereby certifies to have personally and carefully examined the Bid Documents issued for the above-referenced project, and the site where the Work is to be performed and the conditions affecting the Work, and consistent with the Instructions to Bidders.

B. Bid Guaranty: The Bidder has enclosed a Bid Guaranty in the amount of five percent (5%) of the

Total Bid that could be awarded including Alternates, Additives, excluding sales tax in the form of a cashier’s check, certified check, or bid bond.

C. Validity of Bid: The Bidder agrees that this bid shall be valid and not withdrawn for a period of sixty (60) days from the bid submission deadline.

D. Proposal to Perform Work: The Bidder hereby proposes to furnish all labor, materials, equipment, and services and to perform all work which may be required to complete the Work within the time fixed and in strict accordance with the Contract Documents for the above-referenced project for the Total Bid indicated above. The bid prices cover all expenses of the Bidder, including but not limited to, overhead, profit, insurance, and bonding, to perform the Work in accordance with the Contract Documents.

E. Non-Collusion: The Bidder affirms that the bid is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named. The Bidder has not directly or indirectly induced or solicited any bidder on the work to put in a sham bid, or any other person or corporation to refrain from bidding, and that the Bidder has not in any manner sought by collusion to secure for itself an advantage over any other bidder or bidders. The Bidder has not entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in the preparation and submission of this bid to the Owner for the project described in the Bid Documents.

F. Responsible Bidder Requirements: The Bidder acknowledges that it is in compliance with the bidder responsibility criteria described in the Instructions to Bidders. The Bidder agrees to provide proof of compliance with these requirements upon request by the Owner.

G. Notice to Proceed: Bidder agrees that if awarded the contract, Bidder will commence work on the date specified in the written Notice to Proceed.

H. Compliance with Applicable Laws and Regulations: Bidder agrees that if awarded the contract, Bidder will comply with the requirements of all applicable federal, state, and local laws and regulations.

I. Certification of Compliance with Wage Payment Statutes: The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this project, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction.

J. Certification of Compliance with Minor Work Permits: The undersigned Bidder hereby certifies that they are not subject to a revocation of a minor work permit under RCW 49.12.390(4) at the time of bid submittal.

Bidder’s Business Name

Bidder’s Business Name:

Type of Business:

Sole Proprietorship Partnership Corporation (State of Incorporation:___) Other

Physical Business Address (Must not be a P.O. Box):

City: State: Zip Code:

If the above address is not in Washington State, check ONE of the boxes below:

Physical Office in WA: _____________________________________________________________ Street Address City Zip Code

OR

State of incorporation or State where business entity was formed, if not a corporation: ___________

Business Telephone Number: Business Fax Number:

Business E-mail Address:

State of Washington numbers for the following:

Contractor Registration No.:

UBI No.: Employment Security Dept. No.:

Receipt is hereby acknowledged of Addenda No(s).: _____ _____ _____ _____ _____ _____

OFFICIAL AUTHORIZED TO SIGN FOR BIDDER:

"I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct":

Signature:

Date:

Printed Name:

Location or Place Executed (City, State):

Printed Title: Email Address (of Authorized Signer):

Section 00 72 00

GENERAL CONDITIONS FOR

CLARK PUBLIC UTILITIES

Last Revised: August 3, 2023

Section Description Page

PART 1 – GENERAL PROVISIONS

1.01 Definitions…………………………………………………………………………………

1.02 Order of Precedence……………………………………………………………………….. 5

1.03 Execution and Intent……………………………………………………………………….. 5

PART 2 – INSURANCE AND BONDS

2.01 Contractor’s Liability Insurance…………………………………………………………

2.02 Coverage Limits…………………………………………………………………………….. 7

2.03 Insurance Coverage Certificates………………………………………………………….. 8

2.04 Payment and Performance Bonds………………………………………………………… 8

2.05 Alternative Surety…………………………………………………………………………… 8

PART 3 – TIME AND SCHEDULE

3.01 Progress and Completion………………………………………………………………….. 8

3.02 Progress Schedule…………………………………………………………………………. 8

3.03 Owner’s Right to Suspend the Work for Convenience………………………………….. 9

3.04 Owner’s Right to Stop the Work for Cause……………………………………………

3.05 Delay…………………………………………………………………………………………. 10

3.06 Notice to Owner of Labor Disputes……………………………………………………….. 11

3.07 Damages for Failure to Achieve Timely Completion……………………………………. 11

PART 4 – SPECIFICATIONS, DRAWINGS, AND OTHER DOCUMENTS

4.01 Discrepancies and Contract Document Review…………………………………………. 12

4.02 Project Record………………………………………………………………………………. 13

4.03 Shop Drawings………………………………………………………………………………. 13

4.04 Organization of Specifications……………………………………………………………... 14

4.05 Ownership and Use of Drawings, Specifications & other Documents………………

PART 5 – PERFORMANCE

5.01 Contractor Control and Supervision………………………………………………………. 15

5.02 Permits, Fees and Notices…………………………………………………………………. 16

5.03 Patents and Royalties………………………………………………………………………. 16

5.04 Prevailing Wages……………………………………………………………………………. 17

5.05 Hours of Labor………………………………………………………………………………. 17

5.06 Nondiscrimination…………………………………………………………………………… 18

5.07 Safety Precautions………………………………………………………………………….. 18

5.08 Operations, Material Handling, and Storage Areas……………………………………… 21

5.09 Prior Notice of Excavation………………………………………………………………….. 22

5.10 Unforeseen Physical Conditions…………………………………………………………... 23

5.11 Protection of Existing Structures, Equipment, Vegetation, Utilities, & Improvements. 23

5.12 Layout of Work………………………………………………………………………………. 23

5.13 Material and Equipment…………………………………………………………………….. 23

5.14 Availability and Use of Utility Services……………………………………………………. 24

5.15 Tests and Inspections………………………………………………………………………. 24

5.16 Correction of Nonconforming Work……………………………………………………….. 26

5.17 Clean Up……………………………………………………………………………………… 27

PART 5 – PERFORMANCE (continued)

5.18 Access to Work……………………………………………………………………………… 27

5.19 Other Contracts……………………………………………………………………………… 27

5.20 Subcontractors and Suppliers……………………………………………………………… 27

5.21 Warranty of Construction…………………………………………………………………… 29

5.22 Indemnification………………………………………………………………………………. 29

PART 6 – PAYMENTS AND COMPLETION

6.01 Contract Sum………………………………………………………………………………… 30

6.02 Schedule of Values…………………………………………………………………………. 30

6.03 Application for Payment…………………………………………………………………….. 30

6.04 Progress Payments…………………………………………………………………………. 31

6.05 Payments Withheld…………………………………………………………………………. 32

6.06 Retainage and Bond Claim Rights………………………………………………………… 33

6.07 Substantial Completion……………………………………………………………………... 33

6.08 Prior Occupancy…………………………………………………………………………….. 33

6.09 Final Completion, Acceptance, and Payment……………………………………………. 33

PART 7 – CHANGES

7.01 Change in the Work………………………………………………………………………… 34

7.02 Change in the Contract Sum………………………………………………………………. 35

7.03 Change in the Contract Time………………………………………………………………. 41

PART 8 – CLAIMS AND DISPUTE RESOLUTION

8.01 Claims Procedure…………………………………………………………………………… 43

8.02 Claims Audits………………………………………………………………………………… 44

PART 9 – TERMINATION OF THE WORK

9.01 Termination by Owner for Cause………………………………………………………….. 46

9.02 Termination by Owner for Convenience………………………………………………….. 47

PART 10 – MISCELLANEOUS PROVISIONS

10.01 Governing Law………………………………………………………………………………. 48

10.02 Successors and Assigns…………………………………………………………………… 48

10.03 Meaning of Words…………………………………………………………………………… 48

10.04 Rights and Remedies……………………………………………………………………….. 49

10.05 Contractor Registration……………………………………………………………………... 49

10.06 Time Computations…………………………………………………………………………. 49

10.07 Records Retention…………………………………………………………………………... 49

10.08 Third-Party Agreements……………………………………………………………………. 49

10.09 Antitrust Assignments………………………………………………………………………. 49

10.10 Headings and Captions…………………………………………………………………….. 49

PART 1 – GENERAL PROVISIONS

1.01 DEFINITIONS

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

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

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

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

D. “Claim” means Contractor’s exclusive remedy for resolving disputes with Owner regarding the terms of a Change Order or a request for equitable adjustment, as more fully set forth in Part 8.

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

Deductives.

F. “Contract Documents” means the Advertisement for Bids, Instructions to Bidders, completed Bid

Form, Payment Bond, Performance Bond, General Conditions for Clark Public Utilities (last revised August 3, 2023), Modifications to the General Conditions, Public Works Contract, Drawings and Specifications, and all addenda and modifications thereof. The Contract Documents comprise the entire agreement between the Owner and the Contractor, and may be modified only as described in the Contract Documents.

G. “Contract Sum” is the total amount payable by Owner to Contractor, for performance of the Work in accordance with the Contract Documents, including all taxes imposed by law and properly chargeable to the Work, except Washington State sales tax.

H. “Contract Time” is the number of calendar days allotted in the Contract Documents for achieving

Substantial Completion of the Work.

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

J. “Day(s)” mean calendar day(s) unless otherwise specified. A calendar day of twenty-four (24) hours is measured from midnight to the next midnight.

K. “Division 1” means the following section number(s) from the Standard Specifications for Road, Bridge, and Municipal Construction, 2021 edition, published by the Washington State Department of Transportation and available at https://www.wsdot.wa.gov/publications/manuals/fulltext/M41- 10/SS.pdf: 1-10.

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

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

Completion, as more fully set forth in Section 6.09 B.

https://www.wsdot.wa.gov/publications/manuals/fulltext/M41-10/SS.pdf https://www.wsdot.wa.gov/publications/manuals/fulltext/M41-10/SS.pdf

N. “Final Completion” means that the Work is fully and finally complete in accordance with the requirements of the Contract Documents, as more fully set forth in Section 6.09 A.

O. “Force Majeure” means those acts entitling Contractor to request an equitable adjustment in the

Contract Time, as more fully set forth in paragraph 3.05 A.

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

All notices to the Owner shall be sent to the attention of the Owner’s Representative.

Q. “Notice to Proceed” means a notice from Owner to Contractor that defines the date on which the

Contract Time begins to run. The Contractor shall not perform any Work at the Project site prior to such date.

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

S. “Owner’s Representative” means a person or entity representing Owner within the limits of its delegated authority who will be the Owner’s representative during the construction period for construction management, inspection, interpretation of the Contractor’s performance consistent with the requirements of the Contract Documents, and other services of managing the Project on behalf of the Owner. Owner shall issue all communications to Contractor through Owner’s Representative. The name of the Owner’s Representative will be designated in the Notice to Proceed letter to the Contractor. The Owner’s Representative may be a firm contracted with the Owner to provide these services, including but not limited to an architect, engineer, or construction manager, or may be an employee of the Owner. The Owner may designate multiple individuals or firms as Owner’s Representative to fill different roles on the Project.

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

U. “Prior Occupancy” means Owner’s use of all or parts of the Project before Substantial

Completion, as more fully set forth in Section 6.08 A.

V. “Progress Schedule” means a schedule of the Work, in a form satisfactory to Owner, as further set forth in Section 3.02.

W. “Project” means the total construction of which the Work performed in accordance with the

Contract Documents may be the whole or a part and which may include construction by Owner or by separate contractors.

X. “Project Record” means the separate set of Drawings and Specifications as further set forth in paragraph 4.02 A.

Y. “Schedule of Values” means a written breakdown allocating the total Contract Sum to each principal category of Work, in such detail as requested by Owner.

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

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

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

CC. “Substantial Completion” means that stage in the progress of the Work when the construction is sufficiently complete, as more fully set forth in Section 6.07.

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

1.02 ORDER OF PRECEDENCE

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

A. Approved Change Orders

B.…