A B.1 IFB KT 26-057 Ruby Creek P_R.pdf

60 Washington Ave, Suite 200 Bremerton, WA 98337

Ph: 360-824-4941

INVITATION FOR BIDS

RUBY CREEK PARK & RIDE CONSTRUCTION

IFB # KT 26-057

August 21, 2026

BIDS DUE SEPTEMBER 30, 2026, NO LATER THAN 2:00 PM

Failure to include any of requested information and properly completed forms and documents may be cause for the rejection of the Bid.

Grant Funded:

Federal Transit Administration

KT 26-057 Ruby Creek P&R Project

Bidder’s Checklist

Solicitation Number: KT 26-057 Solicitation Name: Ruby Creek Park and Ride Construction Due Date and Time: September 30, 2026 @ 2:00 PM

The following checklist is provided as a guide to all documents and exhibits that MUST be submitted with your Bid to be considered responsive and complete. Failure to provide ANY of these documents could render your Bid nonresponsive and may cause it to be rejected.

Section 6 Bid Form Parts 1-8

Section 6 Bid Form Part 6 needs to be notarized

Exhibit B: Supplemental Bidder’s Criteria

Exhibit C: Certificate of Compliance of Wage Payment Statutes

Exhibit D: Environmental Activities Briefing Packet

REGULATORY DOCUMENTS

Exhibit E: Acknowledgement of FTA Clauses and Certifications

Exhibit E: Buy America Certification

Exhibit E: Lobbying Certification

Apprentice Utilization Plan

I, the below signee, have reviewed this checklist and have provided all of the requested documents. I understand that failure to provide the requested documents could render my Bid non-responsive and may cause its rejection.

Signature:_____________________________________ Date:___________________

Printed Name and Title:__________________________________________________

IFB KT 26-057 TABLE OF CONTENTS

KITSAP TRANSIT REQUIREMENTS:

Section 1 Bid Advertisement Section 2 Instructions for Bidders Section 3 General Provisions Section 4 Sample Contract Section 5 Requests for Clarifications / Approved Alternates Form Section 6 Bid Form

EXHIBITS:

EXHIBIT A Scope of Work EXHIBIT B Supplemental Bidder Responsibility Criteria Documentation Statements EXHIBIT C Certification of Compliance with Wage Payment Statues EXHIBIT D Environmental Activities Manual Briefing Package EXHIBIT E Davis Bacon Wage Determination WA20260001 06/16/2026 EXHIBIT F Federal Transit Administration Contract Clauses and Certifications

ATTACHMENTS:

Attachment A – Final Design Drawings and Specifications

END OF TABLE OF CONTENTS

IFB KT 26-057 BID ADVERTISEMENT SECTION 1

Advertisement Post Date: August 21, 2026 Kitsap Sun; Kitsap Transit Website: www.kitsaptransit.com; OMWBE;

INVITATION FOR BIDS

KT # 26-057 RUBY CREEK PARK AND RIDE CONSTRUCTION

Scope of Work: The Work consists of constructing a 273 stall park and ride near the corner of SW Sedgwick Road and Sidney Road SW in Port Orchard. The park and ride lot will also consist of bus shelters to protect passengers from the elements, a ticketing kiosk, restrooms, passenger vehicle chargers, inductive bus chargers, stormwater piping, CCTV, lighting, utilities, landscaping, and other components for a fully operational park and ride facility.

Bidding Documents: All Bid Documents including plans, specifications and addenda for this project are available on-line through Kitsap Transit’s Website www.kitsaptransit.com. Bidders are encouraged to email Patrick Rogers @ patrickr@kitsaptransit.com to be placed on the Plan Holder’s List in order to receive automatic email notifications of future addenda and additional project information through the bid phase.

Anticipated Procurement Schedule: The activities and dates listed below represent the anticipated procurement schedule. Kitsap Transit will provide changes to the Pre-Bid date and Bid Due date via Addenda. Dates proceeded by an asterisk (*) are estimated.

Activity Date and Time

Invitation for Bids Advertised August 21, 2026

Pre-Bid Meeting & Site Visit September 3, 2026 @ 9:30 AM

Request for Clarification/Substitutions Due 5:00 PM September 10, 2026

Bid Due Date 2:00 PM September 30, 2026

Board of Directors Award October 20, 2026

Anticipated Notice to Proceed *Week of November 2, 2026

Pre-Bid Meeting: A Pre-Bid meeting is being offered for this project on September 3, 2026 beginning at 9:30 AM. Interested Contractors are encouraged to attend. After a brief introduction of the project, project team, and relevant requirements, Kitsap Staff will offer a tour of the Work Site.

Pre-Bid Questions: All questions, requests for information, and Pre-Bid material substitutions, must be submitted in writing and received by 5:00 PM September 10, 2026 via e-mail: patrickr@kitsaptransit.com.

Time for Completion: The Contractor shall commence the Work under this Contract effective upon receipt of a written Notice to Proceed and shall continue in good faith and effort to Final Acceptance within three hundred and sixty-five (365) Calendar Days of said Notice.

Bid Due Date: Bids must be hand-delivered of couried and will be received at Kitsap Transit’s Reception Desk located in the Harborside Building 60 Washington Ave Suite 200 Bremerton WA 98337 until 2:00 PM on September 30, 2026. When the official clock reads 2:00:01 PM, Bids are considered late and http://www.kitsaptransit.com/ http://www.kitsaptransit.com/ mailto:patrickr@kitsaptransit.com will not be considered for award. Immediately following the submission deadline, bids will be publically opened and read aloud in the Harborside Conference Room. Bids must be submitted on the forms provided. Bidders accept all risks of late delivery, regardless of fault. Kitsap Transit is not responsible for any costs incurred in response to this Invitation to Bid.

Bid Security: A deposit of at least 5% of the Bid shall accompany each Bid. This deposit may be certified check, cashier’s check or a Bid Bond (Surety Bond) made on Kitsap Transit supplied form and signed by both Principal and Surety. A bid bond shall not be conditioned in any way to modify the minimum 5% required.

Any bid bond shall be on the form provided by Kitsap Transit and shall be signed by the Bidder and the Surety. The Surety shall:

A) Be registered with the Washington State Insurance Commissioners

B) Appear on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner

The failure to furnish a Bid deposit of a minimum of 5% with the Bid shall make the Bid nonresponsive and shall cause the Bid to be rejected by Kitsap Transit.

Disadvantaged Business Enterprise Goal: The purpose of the Disadvantaged Business Enterprise (DBE), as defined in 49 CFR Part 26 is to achieve a “level playing field” for ready, willing and able DBE’s seeking to participate in Federally-assisted Contracts. Small and women or minority owned DBE are encouraged to submit Bids. Kitsap Transit’s DBE goal for Federal fiscal year 2026 is 1.98%, the full text of which may be found at:

http://www.kitsaptransit.com/uploads/pdf/projects/ktdbeprogram.pdf.

Fostering Small Business: Kitsap Transit takes reasonable steps to facilitate fair competition by incorporating small business concerns into its federal procurement practices. As part of this effort, Kitsap Transit actively seeks Bids from qualified small businesses, including DBEs. Kitsap Transit also encourages Prime Contractors to provide subcontracting opportunities of a size and nature that small businesses can reasonably compete and perform effectively.

Equal Opportunity: It is Kitsap Transit’s policy to ensure full compliance with Title VI of the Civil Rights Act of 1964 by prohibiting discrimination against any person on the basis of race, color, national origin or sex in the provision of benefits and services resulting from Federally assisted programs of the Department of Transportation and in the Award and administration of all Contracts. It is the policy of Kitsap Transit to assure that no person shall, on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or otherwise be discriminated against under any of its federally funded programs and activities. The full text of Kitsap Transit’s Title VI program is available online at http://www.kitsaptransit.com/static/62/privacy-policy#title vi.

END OF BID ADVERTISEMENT

(SECTION 1)

http://www.kitsaptransit.com/uploads/pdf/projects/ktdbeprogram.pdf http://www.kitsaptransit.com/static/62/privacy-policy%23title%20vi

IFB KT 26-057 INSTRUCTIONS FOR BIDDERS SECTION 2

2.1 Examination of Bid Documents: Each Bidder shall thoroughly examine and be familiar with the Bid Documents, including the terms and conditions, specifications, qualification requirements, and any other requirements, and if included, drawings or addenda contained within this solicitation package.

Each Bidder has an obligation to notify Kitsap Transit, in writing and prior to the bid opening, of any ambiguity, inconsistency or error in the Bid Documents or of overly stringent qualifications. Failure to notify Kitsap Transit prior to the bid opening of any such ambiguity, inconsistency or error the Bidder discovered or should have discovered shall result in the waiver of any and all rights of the Bidder to claim additional time or compensation, if Kitsap Transit executes the Contract, relating to or arising from the ambiguity, inconsistency or error. Submission of a Bid shall constitute an acknowledgment upon which Kitsap Transit may rely that the Bidder has thoroughly examined and is familiar with each part of the Bid Documents and has reviewed and inspected all applicable federal, state and local statutes, ordinances and regulations relating to the work and all permits which have been applied for and/or issued pertaining to the work. The failure or neglect of a Bidder to obtain, receive, or examine the Bid Documents, or any part thereof, shall in no way relieve the Bidder from the obligations with respect to its Bid or to the Contract. No claim for additional compensation or time shall be allowed based upon a lack of knowledge or misunderstanding of the Bid Documents, work sites, statutes, regulations, permits requirements, ordinances, industry standards or resolutions or other materials referenced or incorporated herein.

2.2 Requests for Information (RFI), Addenda & Clarification Of Bid Documents. All questions, requests for information, and Pre-Bid material substitutions, must be submitted in writing and received by 5:00 PM September 10, 2026 via e-mail: patrickr@kitsaptransit.com . Kitsap Transit will provide an official written response to Bidder questions received by the respective deadline in the form of an Addendum. Only Addenda issued by Kitsap Transit shall modify the solicitation documents. All Addenda shall become part of the IFB and the subsequently awarded Contract.

Phone inquiries will not be accepted. No oral clarification or interpretations will be made to any Bidder as to the meaning of the Bid Documents. Kitsap Transit may not respond to requests for clarifications that are received outside of this timeframe. Bidders shall not rely upon any oral statements or conversations, whether at the pre-bid conference or otherwise, they may have with Kitsap Transit employees, agents, or representatives regarding the Bid Documents. Bidders who seek to obtain answers and information from other contacts or sources not listed above are advised that such material is used at the Bidder’s own risk and such action may be cause for disqualification. If no substitutions are approved prior to Bid, Bidders are required to Bid and supply only specified products. Bidders shall acknowledge receipt and review of all Addenda issued during the Bid period in the space provided in Section 6 Bid Form. Failure to acknowledge any/all Addenda may be cause for Bid rejection.

2.3 Inspection of Work Site.

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

B. The submittal of a bid shall constitute the Bidder's acknowledgment, based on the Bidder’s own knowledge, examination, inspection and testing as well as review of the Bid Documents, that the Bidder has satisfied itself as to the following: (1) the quality, character and quantity of subsurface conditions materials or obstacles to be encountered insofar as this information mailto:patrickr@kitsaptransit.com is reasonably ascertainable from the inspection of the site and Bid Documents; (2) access to the site; (3) environmental factors and mitigation requirements; (4) all other data, matters and conditions requisite to the fulfillment of the work; (5) conditions ordinarily expected to be encountered or generally recognized as inherent in the Work; (6) requirements imposed by easements and permits; and, (7) existing and available services and utilities at and in the vicinity of the site of the Work and not on any representation or warranty of the Kitsap Transit.

No claim for additional compensation will be allowed which is based upon a misunderstanding or lack of knowledge, examination, inspection and/or testing of any of the above items by the Bidder.

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

2.5 Bid Form: Kitsap Transit will accept only those Bids completed on the Bid Form provided in this solicitation in Section 6, unless Kitsap Transit states differently in writing. Bidders shall follow all instructions and complete all sections of the Bid Form, including those sections that call for unit prices, extensions, the total Bid amount, signatures, date, acknowledgement of Addenda and the Bidder’s address. The required certifications are included as part of the Bid Form. Failure to include any of the requested information, properly completed forms, and/or documents may be cause for immediate rejection of the proposal. The Bid Documents include the General Provisions and Contract. BY SUBMITTING A BID IN RESPONSE TO THIS SOLICITATION, BIDDERS AGREE TO

BE BOUND BY ALL LEGAL REQUIREMENTS AND CONTRACT TERMS AND CONDITIONS

CONTAINED IN THIS SOLICITATION. ANY PROPOSED CHANGE TO THE GENERAL

PROVISIONS AND CONTRACT LANGUAGE MUST BE EXPRESSLY NOTED IN THE BID.

2.6 Preparation of Bids: Bids shall state a fixed price amount for each Bid item listed on the Bid schedule section of the Bid Form. Prices shall be stated in US currency, omitting digits more than two places to the right of the decimal point (i.e. $720.74), and shall include everything necessary for the prosecution and completion of the Work as detailed in the Bid Documents. All costs for insurance, bonds and prevailing wage filing fees shall be incidental to and included in the Bid amount and no additional payment will be made by Kitsap Transit, not even if the bond amount increases during the Contract Term. All freight charges shall be included in the Bid price and should be FOB to the Work site. Bids shall remain valid for at least ninety (90) calendar days from the Bid Due Date. Kitsap Transit reserves the right to request extensions for Bid effectiveness. All Bids and submissions become the property of Kitsap Transit. Kitsap Transit is not responsible for any costs incurred in response to this Invitation for Bids. Upon request of Kitsap Transit, the Bidder shall provide copies of the articles of incorporation, bylaws, resolutions of board of directors, partnership papers, LLC agreement, joint venture agreements, and any other documents evidencing the legal status of the Bidder and the authority of the Bidder’s officer or representative who signed the bid on behalf of the Bidder.

2.7 Estimated Quantities: The quantities shown on the Bid Form are estimates and are stated only for Bid comparison purposes. Kitsap Transit does not warrant expressly or by implication, that the actual quantities of Work will correspond with those estimates. Payment will be made on the basis of the actual quantities of each item of Work completed in accordance with the Contract requirements

2.8 Bid Security: The Bid shall be accompanied by a deposit of at least five percent (5%) of each Bid.

This deposit may be certified check, cashier’s check or a Bid Bond (Surety Bond) made on a Kitsap Transit supplied form. A Bid Bond shall not be conditioned in any way to modify the minimum 5% required. The surety signing the Bid Bond shall (1) be registered with the Washington State Insurance Commissioner, and (2 ) the surety's name shall appear in the current Authorized Insurance Company List in the State of Washington published by the Office of the Insurance Commissioner.

Failure to submit the required Bid Security shall render the Bid non-responsive and the Bid shall be rejected.

2.9 Collusion: By signing a Bid, the Bidder certifies that its Bid is non-collusive and not made in the interest of any person not named, and that the Bidder has not induced or solicited others to submit a sham offer, or to refrain from proposing. If Kitsap Transit determines that collusion has occurred among Bidders, none of the Bids of the participants in such collusion will be considered. Kitsap Transit’s determination shall be final.

2.10 Delivery of Bids: Each Bid shall be sealed in an envelope and shall bear the name of the project as set forth in the IFB, the bid number, the name of the Bidder. Envelopes should be addressed to:

Kitsap Transit

Attn: Patrick Rogers 60 Washington Ave

Suite 200 Bremerton, WA 98337

2.11 Bid Modification, Withdrawal: After submitting a physical Bid to the Kitsap Transit, the Bidder may withdraw, revise, or supplement it if:

A The Bidder submits a written request signed by an authorized person and physically delivers it to the place designated for receipt of Bid, and B Kitsap Transit receives the request before the Bid Due Date, and C The revised or supplemented Bid (if any) is received by Kitsap Transit before the Bid Due

Date.

If the Bidder’s request to withdraw, revise, or supplement its Bid is received before the time set for receipt of Bid, Kitsap Transit will return the unopened Bid package to the Bidder. The Bidder must then submit the revised or supplemented package in its entirety. If the Bidder does not submit a revised or supplemented package, then its Bid shall be considered withdrawn.

No Bidder may withdraw their Bid after the Bid submittal deadline unless the Contract Award is delayed for a period exceeding sixty (90) calendar days following Bid Opening. Any Bid not so timely withdrawn shall constitute an irrevocable offer for an additional period of sixty (60) days to provide Kitsap Transit the goods and services described herein, or until one or more of the Bids have been approved by Kitsap Transit, whichever occurs first.

2.12 Consideration of Bids:

A. At the time and place set forth in the Invitation for Bids for the opening and reading of bids, each and every bid (except those which may have been properly withdrawn) received prior to the scheduled closing time for receipt of bids will be publicly opened and read aloud by Kitsap Transit staff, irrespective of any irregularities or informalities in such bid. The time and place set forth in the Invitation for Bids for opening and reading the bids may only be changed by addendum. The Procurement Officer shall record all properly received bids and announce the apparent low bidder. Kitsap Transit reserves the right to postpone the date and time for opening of bids at any time prior to the opening of bids.

B. Late bids will not be accepted and returned unopened to the firm submitting as soon as possible.

C. After opening and reading Bids, Kitsap Transit will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. 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, Kitsap Transit will unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension. The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and/or alternates as selected by Kitsap Transit, will be used by Kitsap Transit for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond.

D. Kitsap Transit, in its sole discretion, reserves the right to: (1) Accept or reject any or all bids, portions or parts thereof; (2) Waive minor bid errors, informalities, or immaterial irregularities when it is in Kitsap Transit’s best interest and does not result in displacement of a low Bidder;

(3) Republish the call for bids; (4) Revise or cancel the Work or require the Work to be done in another way; (5) Decline to award a contract based on available funding for the Contract;

and (6) Award in whole or in part to the lowest responsive and responsible Bidder as best serves the interest of Kitsap Transit.

E. Kitsap Transit may reject any unbalanced Bids, Bids that are conditioned in any way, Bids that don’t provide pricing for each Bid item, Bids that fail to submit all required forms, Bids that fail to acknowledge all Addendum, Bids that contain unauthorized additions, deletions, or other alternative Bids.

F. Kitsap Transit reserves the right to make mathematical corrections that are due to administrative or clerical typing errors, number transposition and incorrect calculations. Kitsap Transit reserves the right to waive these irregularities as immaterial. If figures are set forth in both words and numbers and there is a disparity, the words will take precedence over its numerical counterpart.

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

2.13 Irregular Bids.

A. A Bid will be considered irregular and will be rejected if:

1. The Bidder fails to complete and submit the required Regulatory Documents identified in the Bidder’s Checklist.

B. A Bid may be considered irregular and may be rejected if:

1. The authorized Bid Form is not used or is materially altered;

3. The completed Bid Form contains any unauthorized additions, deletions, alternate

Bids, or conditions;

4. The Bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract;

5. A price per unit cannot be determined from the Bid;

6. The Bid Form is not properly executed;

7. The Bidder fails to submit a Subcontractor list, if applicable;

8. The Bidder fails to submit or properly complete a Disadvantaged Business

Enterprise Certification, if applicable;

9. The Bid does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation; or

10. More than one Proposal is submitted for the same project from a Bidder under the same or different names.

11. The Bid does not include a unit price for every Bid item;

12. Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of Kitsap Transit;

13. Receipt of Addenda is not acknowledged;

14. A member of a joint venture or partnership and the joint venture or partnership submit Bids for the same project (in such an instance, both Bids may be rejected);

or

15. If Proposal form entries are not made in ink.

2.14 Pre-Award Information: Before Awarding any Contract, Kitsap Transit may require: a complete statement of origin, composition, and manufacture of any of all materials used; samples of these materials for quality and fitness tests; a progress schedule, a breakdown of costs assigned to any Bid item, attendance at a conference with the Engineer or Kitsap Transit representative; or other information deemed necessary to ensure that the Bidder is the lowest responsible Bidder.

2.15 Claim of Error: A Bidder who wishes to claim error after the Bids have been publicly opened and read shall promptly notify Kitsap Transit that an error occurred. The Bidder shall submit a notarized affidavit or declaration under penalty of perjury signed by the Bidder and accompanied by the work sheet use in preparation of the Bid, requesting relief from the responsibilities of Award. The affidavit or declaration shall describe the specific error(s) and certify that the work sheets are the ones used in preparing the Bid. The affidavit or declaration shall be submitted no later than 5:00 PM on the first business day after Bid opening or the claim will not be considered. Kitsap Transit will review the affidavit of declaration and the certified work sheets to determine the validity of the claimed error and if the error is of the kind for which the law allows relief from forfeiture of the Bid deposit. If Kitsap Transit concurs in the claim of error and determines that the error is of the kind which allows relief from forfeiture, the Bidder will be relieved of responsibility and the Bid deposit of the Bidder will be returned. If Kitsap Transit does not concur in the error or determines that the error is not the kind for which the law allows relief, Kitsap Transit may Award the Contract and if the Bidder refuses to execute the Contract, the Bidder’s Bid deposit shall be forfeited.

2.16 Identical Bid Totals: If two or more lowest responsive Bids are exactly equal, the tie-breaker will be determined with a draw. Only those Bidders who submitted a Bid total that is exactly equal to the lowest responsive Bid are eligible to participate. Two or more slips of paper will be marked with the names of the tied firms, folded, placed inside a box and shook up. One authorized representative of Kitsap Transit shall draw one slip from the box and announce the name of the successful Bidder.

2.17 Award of Contract: Only one Bidder will be selected for Contract Award. An Award Recommendation Notice, setting forth Kitsap Transit’s intent to recommend Contract Award to the lowest responsive and responsible Bidder, will be sent to all Bidders. The recommendation will be voted upon by the Kitsap Transit Board of Directors in open public meeting on the date specified within the Notice; if necessary. Kitsap Transit reserves the right to make Award within ninety (90) calendar days from the Bid Due Date. Should Award, in whole or part, be delayed beyond the period of ninety (90) days, such Award shall be conditioned upon Bidder’s acceptance.

2.18 Execution of Contract: Within 3 calendar days of Award date (not including Saturdays, Sundays and Holidays), the successful Bidder shall provide the information necessary to execute the Contract to Kitsap Transit. The Bidder shall send the contact information, including the full name, email address, and phone number, for the authorized signer and bonding agent to Kitsap Transit. Copies of the Contract Documents, including the unsigned Form of Contract, will be available for signature by the successful bidder on the first business day following Award. The number of copies to be executed by the Contractor will be determined by Kitsap Transit. Within ten (10) calendar days after the award date, the successful bidder shall return the signed Kitsap Transit’s prepared contract, an insurance certification, and a satisfactory bond as required by law. Before execution of the Contract by the Kitsap Transit, the successful bidder shall provide any pre-award information Kitsap Transit may otherwise require. Until Kitsap Transit executes the Contract, no proposal shall bind Kitsap Transit nor shall any work begin within the project limits or within Kitsap Transit furnished sites. The Contractor shall bear all risks for any work begun and for any materials ordered before the Contract is executed by Kitsap Transit. Failure by the Bidder to execute the Contract in the time allotted grants Kitsap Transit the authority to cancel the Award and move to the next lowest responsive and responsible Bidder.

2.19 One Bid Received Procedure: If only a single responsive and responsible Bid is received, Kitsap Transit shall have the right, in its sole discretion, to extend the Bid Due Date for up to an additional sixty (60) days and/or to conduct a price or cost analysis on such single Bid. The single Bidder shall promptly provide all cost and pricing data, documentation and explanation requested by Kitsap Transit to assist in such analysis. By conducting such analysis, Kitsap Transit shall not be obligated to accept the single Bid and reserves the right to reject such Bid or any portion thereof.

2.20 Contract Bonds: The successful bidder shall provide executed payment and performance bond(s) for the full Contract Amount, including all Change Orders and sales tax, conditioned upon the Contractor’s payment of all Subcontractors and suppliers, taxes imposed under Title 82 RCW, and execute any other bonds that may be required by the local jurisdiction. The bond may be a combined payment and performance bond; or be separate payment and performance bonds. Kitsap Transit may require additional bond protection if the Contract Amount is increased. The increase in protection shall equal one hundred percent (100%) of the increase in Contract price. Kitsap Transit may secure additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds. In the case of separate payment and performance bonds, each shall be for the full contract amount. The bond(s) shall:

A. Be on Kitsap Transit-furnished form(s);

B. Be signed by an approved surety (or sureties) that:

1. Is registered with the Washington State Insurance Commissioner, and

2. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner, C. Guarantee that the Contractor will perform and comply with all obligations, duties, and conditions under the Contract, including but not limited to the duty and obligation to indemnify, defend, and protect Kitsap Transit against all losses and claims related directly or indirectly from any failure:

1. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform and comply with all contract obligations, conditions, and duties, or

2. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work;

D. Be conditioned upon the payment of taxes, increases, and penalties incurred on the project under titles 50, 51, and 82 RCW; and

E. Be accompanied by a power of attorney for the Surety’s officer empowered to sign the bond;

and

F. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed by the president or vice president, unless accompanied by written proof of the authority of the individual signing the bond(s) to bind the corporation (i.e., corporate resolution, power of attorney, or a letter to such effect signed by the president or vice president).

G. In the event the Surety becomes unacceptable to Kitsap Transit during the course of the Contract Work, or Kitsap Transit deems the Surety or Sureties to be inadequate, it may, upon written request and at the Contractor’s cost and expense, require the Contractor to furnish bonds from another Surety to cover any remaining Work. Until the added Surety is furnished, payments on the Contract will stop.

2.21 Alternative to Bonds: If the total cost of this project, including Washington State sales tax, is $150,000 or less, the Contractor may, in lieu of bonds, elect to have ten percent (10%) of the Contract amount https://app.leg.wa.gov/rcw/default.aspx?Cite=82 https://app.leg.wa.gov/RCW/default.aspx?cite=50 https://app.leg.wa.gov/RCW/default.aspx?Cite=51 https://app.leg.wa.gov/RCW/default.aspx?Cite=82 for a period of forty-five (45) days after date of final acceptance, or until receipt of all necessary releases from the Department of Labor and Industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. This amount is in additional to any funds withheld for retainage.

2.22 Failure to Execute Contract: Failure to return the insurance certification and bonds with the signed Contract as required in Section 2.18, or failure or refusal to sign the Contract, or failure to register as a Contractor in the state of Washington shall result in forfeiture of the Bid Bond or deposit of this Bidder. If this should occur, Kitsap Transit may then Award the Contract to the second lowest responsible Bidder or reject all remaining Bids. If the second lowest responsible Bidder fails to return the required documents as stated above within the time provided after Award, the Contract may then be Awarded successively in a like manner to the remaining lowest responsible Bidders until the above requirements are met or the remaining Bids are rejected.

2.23 Return of Bid Deposit: When Bids have been examined and corrected as necessary, Bid Securities and deposits accompanying Bids ineligible for further consideration will be released. All other Bid bonds and deposits will be held until the Contract has been properly executed. When the Contract has been properly executed, all remaining deposits or bonds, except those subject to forfeiture, will be released.

2.24 Judicial Review: All decisions made by Kitsap Transit regarding the Award and execution of the Contract or Bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington law. Such review, if any, shall be timely filed in the Superior Court of Kitsap County, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction.

2.25 Brand Names: The use of any brand names, manufacturer, make or catalog number does not restrict the Bidder. Such use is to identify the standards of desired characteristics, quality and performance equivalence of the product on which Bids are submitted. Kitsap Transit reserves the right to decide whether or not proposed alternates are equivalent to the product described in the solicitation, of which decision shall be final. Any substitutions must, without exception, be manufactured of the same basic materials, meet or exceed all Specification requirements of structural, functional, dimensional and appearance without deviation. Kitsap Transit reserves the right to reject any and all substitutions.

2.26 Bidder Responsibility Criteria:

A. It is the intent of Kitsap Transit to Award the Contract to the lowest responsive and responsible

Bidder. Before Award, the Bidder must meet the following mandatory Bidder responsibility criteria stated in RCW 39.04.350(1) to be considered a responsible Bidder qualified to be awarded a Public Works Contract in Washington State. Failure of any Bidder to meet the responsibility criteria will automatically deem the Bidder not responsible and be just cause for rejection of the Bid.

B. As assurance to Kitsap Transit that the Bidder meets the criteria, Bidders must provide this information, as applicable, directly on the spaces provided on the Bid Form. Kitsap Transit may require additional documentation from the Bidder demonstrating compliance with the criteria. Failure of a Bidder to respond to such a request for additional information or clarification may result in rejection of its Bid. Bidder must:

1. Have a current certificate of registration as a Contractor in compliance with Chapter

18.27 RCW, which must be in effect at the time of Bid submittal;

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

3. If applicable:

(a) Have Industrial Insurance (Worker’s Compensation) coverage for all of the Bidder’s employees working in Washington, as required in Title 51 RCW;

(b) Have a Washington Employment Security Dept. number, as required in Title

50 RCW;

https://app.leg.wa.gov/RCW/default.aspx?cite=60.28 https://app.leg.wa.gov/RCW/default.aspx?cite=60.28 https://app.leg.wa.gov/RCW/default.aspx?cite=36.01.050 https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.350 https://app.leg.wa.gov/rcw/default.aspx?cite=18.27 https://app.leg.wa.gov/rcw/default.aspx?Cite=51 https://app.leg.wa.gov/rcw/default.aspx?Cite=50

(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).

5. Have received training of the requirements related to public works and prevailing wage under this chapter (RCW 39.04.350) and chapter 39.12 RCW. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from the training requirement.

6. Bidders must certify that they are not a willful violator of the States’ wage payment statutes (Exhibit C).

7. 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 chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation.

2.27 Supplemental Bidder Responsibility Criteria:

As evidence that the Bidder meets the mandatory and Supplemental Responsibility Criteria, Exhibit B must be submitted with your Bid, written verification that the Bidder meets all of the mandatory and supplemental criteria together with supporting documentation, including but not limited to that detailed below which, in the sole judgment of Kitsap Transit, demonstrates compliance with all mandatory and Supplemental Responsibility Criteria.

A. Delinquent State Taxes

1. Criterion: The Bidder shall not owe delinquent taxes to the Washington State

Department of Revenue without a payment plan approved by the Department of Revenue.

2. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by Kitsap Transit) that the Bidder does not owe delinquent taxes to the Washington State Department of Revenue, or if delinquent taxes are owed to the Washington State Department of Revenue, the Bidder must submit a written payment plan approved by the Department of Revenue, to Kitsap Transit by the deadline listed below.

B. Federal Debarment

1. Criterion: The Bidder shall not currently be debarred or suspended by the Federal government.

2. Documentation: The Bidder shall not be listed as having an “active exclusion” on the

U.S. government’s “System for Award Management” database (www.sam.gov).

C. Claims Against Retainage and Bonds

1. Criterion: The Bidder shall not have a record of excessive claims filed against the retainage or payment bonds for public works projects in the three years prior to the bid submittal date, that demonstrate a lack of effective management by the Bidder of making timely and appropriate payments to its Subcontractors, suppliers, and workers, unless there are extenuating circumstances acceptable to Kitsap Transit in its sole discretion.

2. Documentation: The Bidder, if and when required as detailed below, shall submit a list of the public works projects completed in the three years prior to the bid submittal https://app.leg.wa.gov/rcw/default.aspx?Cite=82 https://app.leg.wa.gov/rcw/default.aspx?cite=39.06.010 https://app.leg.wa.gov/rcw/default.aspx?cite=39.12.065 https://app.leg.wa.gov/rcw/default.aspx?cite=39.04.350 https://app.leg.wa.gov/rcw/default.aspx?cite=39.12.065 https://app.leg.wa.gov/rcw/default.aspx?cite=49.04 David Weibel Need to make a KT form.

date that have had claims against retainage and bonds and include for each project the following information:

• Name of project;

• The owner and contact information for the owner;

• A list of claims filed against the retainage and/or payment bond for any of the projects listed; and

• A written explanation of the circumstances surrounding each claim and the ultimate resolution of the claim.

Kitsap Transit reserves the right to contact other owners to validate the information provided by the Bidder and to conduct its own investigation into claims against the Bidder’s retainage and payment bonds.

D. Subcontractor Responsibility

1. Criterion: The Bidder’s standard subcontract form shall include the Subcontractor responsibility language required by RCW 39.06.020 and the Bidder shall have an established procedure which it utilizes to validate the responsibility of each Subcontractor. The Bidder’s subcontract form shall also include a requirement that each of its Subcontractors shall have a document of similar procedure to determine whether the sub-tier Subcontractors with whom it contracts are also “responsible” Subcontractors as defined by RCW 39.06.020.

2. Documentation: The Bidder shall submit a copy of its standard subcontract form for review by Kitsap Transit and a written description of its procedure for validating the responsibility of Subcontractors with which it contracts.

E. Public Bidding Crime

1. Criterion: The Bidder and its owners shall not have been convicted of a crime involving Bidding on a public works contract within five (5) years from the Bid submittal deadline for this project.

2. Documentation: The Bidder shall sign a Kitsap Transit provided statement providing that the Bidder and its owners have not been convicted of a crime involving Bidding on a public works contract within the aforementioned time period. If the Bidder has been convicted of such crime within this time frame, the Bidder will provide Kitsap Transit a list showing the date of conviction, the offense convicted of, the punishment, and a brief statement of the facts underlying the condition. Kitsap Transit reserves the right to use independent sources of information to demonstrate whether the Bidder is in compliance with this criterion.

F. Termination for Cause / Termination for Default

1. Criterion: The Bidder shall not have had any public works contract terminated for cause or terminated for default by a government agency during the five (5) year period immediately preceding the Bid submittal deadline for this project, unless there are extenuating circumstances deemed acceptable to Kitsap Transit in its sole discretion.

2. Documentation: The Bidder shall sign a Kitsap Transit provided statement providing that the Bidder has not had any public works contract terminated for cause or default by a government agency within the aforementioned time period. If the Bidder has had a public works contract terminated for cause or default by a government agency during this time frame, the Bidder will provide Kitsap Transit a list of each contract terminated, the government agency terminating the contract, and the circumstances involving the termination. Kitsap Transit reserves the right to use independent sources of https://app.leg.wa.gov/rcw/default.aspx?cite=39.06.020 information that may be available to demonstrate whether the Bidder complies with this criterion.

G. Lawsuits

1. Criterion: The Bidder shall not have lawsuits or arbitrations (for those instances where arbitration is completed in lieu of a lawsuit) with judgments entered against the Bidder in the five years prior to the bid submittal date for this project that demonstrates a pattern of failing to meet the terms of Contracts, unless there are extenuating circumstances deemed acceptable to Kitsap Transit in its sole discretion.

2. Documentation: The Bidder shall submit a list of lawsuits or arbitrations with judgments entered against the Bidder within the aforementioned time period, along with a written explanation of the circumstances surrounding each such lawsuit or arbitration. Kitsap Transit shall evaluate these explanations to determine whether the lawsuits or arbitrations demonstrate a pattern of failing to meet terms in Contracts.

Kitsap Transit reserves the right to investigate and evaluate lawsuits or arbitrations made against the Bidder within the time period specified that were not reported by the Bidder.

H. Appeals: If Kitsap Transit determines the Bidder does not meet the Bidder responsibility criteria outlined herein and is therefore not a responsible Bidder, Kitsap Transit shall notify the Bidder in writing with the reasons for its determination. If the Bidder disagrees with Kitsap Transit’s determination, the Bidder will have one (1) business day from receiving the determination to appeal and present additional information to Kitsap Transit. Kitsap Transit will consider any such timely submitted additional information before issuing its final determination. If the Bidder disagrees with Kitsap Transit’s final determination, it may appeal that determination to the Board Chair of the Kitsap Transit Board of Directors within one (1) business day of receiving Kitsap Transit’s final determination. If the Board of Directors affirms that the Bidder is not responsible, Kitsap Transit will not execute a Contract with any other Bidder until two (2) business days after the Bidder determined to be not responsible has received the final determination.

I. Request to Change Supplemental Criteria during Bidding

1. Potential Bidders with concerns about the relevancy or restrictiveness of the

Supplemental Bidder Responsibility Criteria may make or submit requests (“Request”) to Kitsap Transit to modify the criteria. Such requests shall be made in writing, describe the nature of the concern(s), and propose specific modifications to the criteria that will make the criteria more relevant and/or less restrictive of competition. Bidders should submit such requests no later than five (5) business days prior to Bid Opening.

Requests may be submitted via U.S. post mail, hand-delivered, or sent by electronic mail within this timeline to:

• Mail/Delivery: Patrick Rogers Kitsap Transit 60 Washington Ave., Ste. 200 Bremerton, WA 98337-1888

• E-mail: patrickr@kitsaptransit.com

2. The Request must include the Bidder’s name and address, the Project Number and

Title, the applicable criteria the Bidder is seeking to modify, the justification for why the identified criteria should be modified, and how the Requestor would like the criteria modified. Requests either not addressed to the Contracts Administrator as indicated in Item 1 above, or requests received after the request submittal deadline, will not be considered.

3. Any changes to the Supplemental Bidder Criteria, as determined by Kitsap Transit in its sole discretion, will be issued as an Addendum to the Bid Documents.

2.28 Bids as Public Record: Bidder acknowledges that Kitsap Transit is subject to RCW 42.56, the Public Disclosure Act, and that the Bid Documents, including the Bids, in shall be a public record as defined in RCW 42.56. Any specific information that is claimed by the Bidder to be confidential or proprietary must be clearly identified as such by the Bidder. To the extent consistent with RCW 42.56, Kitsap Transit shall maintain the confidentiality of all such information marked confidential or proprietary.

Marking the entire Bid as such will not be honored and the Bid may be rejected as non-responsive.

Confidential or proprietary information will not be released by Kitsap Transit prior to Contract Award in order to protect the integrity of the procurement process, unless otherwise required by law. All Bids will remain confidential until a Contract is awarded and fully executed by all parties involved. If a member of the public demands to review portions of a Bid marked “Confidential”, Kitsap Transit will notify the affected Bidder prior to releasing such portions. The Bidder shall take such legal action as it may determine to be necessary to protect its interest. If the Bidder has not commenced such action within five (5) calendar days after receipt of the notice, Kitsap Transit will make the requested portions available for review and copying by the public. The Bidder asserting that portions of its Bid are legally protected shall bear all costs of defending such assertion, including reimbursing Kitsap Transit for its administrative, expert and legal costs involved in defending itself in actions arising from such assertions by the Bidder. Kitsap Transit assumes no responsibility or liability for any losses or damages which may result from the information contained in the Bid. By submitting a Bid, the Bidder has thereby agreed to the provision of this sub-section.

2.29 Bid Protests:

A. Who May Protest or Appeal: A potential bidder demonstrating a substantial economic interest in Kitsap Transit’s competitive bid process.

B. Timing of…