KT 26-059 Preventative Maintenance Diving

60 Washington Ave, Suite 200 Bremerton, WA 98337

Ph: 360-824-4941

INVITATION FOR BIDS

PREVENTATIVE MAINTENANCE DIVING

IFB # KT 26-059

September 23rd, 2026

BIDS DUE OCTOBER 13TH, 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.

Kitsap Transit, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat., 252, 42 U.S.C. 2000d to

2000-d4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the

Secretary, Part 21, nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act; hereby notifies all Bidders that it will affirmatively insure that in any Contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit Bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an Award.

Kitsap Transit reserves the right to reject any and all Proposals without cause and to waive any informalities or irregularities.

Grant Funded:

Federal Transit Administration

Bidder’s Checklist

Solicitation Number: KT 26-059

Solicitation Name: Preventative Maintenance Diving

Due Date and Time: October 13th, 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.

Exhibit B: Required Forms

*Bid Form

*Signed Bidder’s Affidavit

*Bid Bond

Exhibit B: Supplemental Bidder Responsibility Criteria

Exhibit C: Certificate of Compliance of Wage Payment Statutes

Exhibit D: Environmental Activities Briefing Packet

Exhibit E: FTA Clause and Certifications Acknowledgement

Exhibit F: Lobbying Certification

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 26-059 TABLE OF CONTENTS

KITSAP TRANSIT REQUIREMENTS:

Section 1 Bid Advertisement Section 2 Instructions for Bidders Section 3 General Provisions Section 4 Sample Contract

EXHIBITS:

EXHIBIT A Scope of Work EXHIBIT B Bid Forms and Supplemental Bidder Responsibility Criteria Documentation EXHIBIT C Certification of Compliance with Wage Payment Statues EXHIBIT D Environmental Activities Manual Briefing Package EXHIBIT E Federal Clauses and Certifications EXHIBIT F Lobbying Certification EXHIBIT G Davis Bacon Wage Determination

ATTACHMENT A Facilities and Vessel Drawings

END OF TABLE OF CONTENTS

IFB KT 26-059 BID ANNOUNCEMENT SECTION 1

Advertisement Post Date: September 22nd. 2026 Kitsap Sun, Kitsap Transit Website: www.kitsaptransit.com; OMWBE;

INVITATION FOR BIDS

KT # 26-059 Preventative Maintenance Diving

Scope of Work: Kitsap Transit is soliciting bids from qualified Contractors to clean and visually inspect the condition of the Passenger Only Ferry Dock Facilities on an twice a year basis, or as needed. Current dock facilities are located in Bremerton, Port Orchard, Annapolis and Kingston. Also, the Contractor will conduct inspections and cleaning of the hulls of Kitsap Transit’s ten (10) ferry vessels, six (6) times a year.

All inspections shall consist of a thorough visual inspection, video survey, and a written report on the underwater conditions.

Bidding Documents: Plans, specifications and addenda for this project are available on-line through Kitsap Transit’s Website www.kitsaptransit,com. Bidders must email Michael Ricketts at michaelri@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 Released September 23rd, 2026

Pre-Bid Meeting & Site Visit N/A

Request for Clarification/Substitutions Due October 2nd, 2026 @ 5:00 PM

Bid Due Date October 13th, 2026 @ 2:00 PM

Board Award Date (if over $250,000 yearly) November 3rd, 2026

Anticipated Notice to Proceed Week of November 8th 2026

Pre-Bid Meeting: A Pre-Bid is not being offered for this project.

Pre-Bid Questions: All questions, requests for information, request for clarifications, and Pre-Bid material substitutions, must be submitted in writing and received by 5:00 PM October 2nd, 2026 via e-mail:

michaelri@kitsaptransit.com.

Phone inquiries will not be accepted. 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. Kitsap Transit will not provide binding oral interpretations, explanations, or instructions as to the meaning or interpretation of the solicitation documents. If no substitutions are approved prior to Bid, Bidders are required to Bid and supply only specified products.

http://www.kitsaptransit.com/ http://www.kitsaptransit,com/ mailto:patrickr@kitsaptransit.com mailto:michaelri@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 the addenda issued by Kitsap Transit shall modify the solicitation documents. All Addenda shall become part of the IFB and the subsequently awarded Contract.

Bidders shall acknowledge receipt and review of all Addenda issued during the Bid period in the space provided on the Bid Form. Failure to acknowledge any/all addenda may be cause for Bid rejection.

Plan Holder’s List: Email Michael Ricketts at michaelri@kitsaptransit.com to have your firm added to the Plan Holder’s List to automatically receive updates, addenda, and other project information.

Time for Completion: The Contractor shall commence the Work under this Contract effective upon receipt of a written Notice to Proceed. The Contract shall be for an initial period of two (2) years with three (3) one

(1) year options if Kitsap Transit, at its sole discretion, chooses to extend the Contract.

Bid Due Date: Sealed Bids will be received until 2:00 PM October 13th, 2026 at:

Kitsap Transit Attn: Michael Ricketts

60 Washington Ave Suite 200 Bremerton WA 98337

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.

When the official clock reads 2:00:01 PM, Bids are considered late and will not be considered for award.

Bids that are properly received will be publicly opened and read aloud. The Procurement Officer shall record all properly received bids and announce the apparent low bidder. Late Bids, electronic submissions (unless specifically stated), email or facsimile will be rejected.

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. 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:

(1) Be registered with the Washington State Insurance Commissioners

(2) 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.

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. Small and women or minority owned Disadvantaged Business Enterprises (DBE), as defined in 49 CFR Part 26 are encouraged to submit Bids.

END OF BID ADVERTISEMENT

(SECTION 1)

IFB KT 26-059 INSTRUCTIONS FOR BIDDERS SECTION 2

2.1 Definitions:

Addenda: A written or graphic document, issued to all Bidders and identified as an Addendum prior to Bid opening, which modifies or supplements the Bid Documents and becomes a part of the Contract.

Bid/Proposal: The offer of a Bidder on a properly completed Bid Form to perform the Contract.

Bidder: means a person, firm or corporation that has made an offer in response to the IFB Bid Documents: means the solicitation (IFB) in its entirety, including the Plans provided under separate cover Contract: The written agreement between Kitsap Transit and the Contractor. The Contract includes, Contract Agreement, these solicitation documents, any and all Addenda issued, varies certifications and affidavits, supplemental agreements, change orders, and all Contractor.

Contractor: means the Successful Bidder who was awarded the Contract and has subsequently executed the Contract with Kitsap Transit.

IFB: is an abbreviation meaning Invitation for Bids.

Subcontractor: An individual, partnership, firm, corporation, or joint venture who is sublet part of the Contract by the Contractor.

Successful Bidder: means the lowest responsive and responsible Bidder to whom Award of the Contract shall be made Surety: A company that is bound with the Contractor to ensure performance of the Contract, payment of all obligations pertaining to the Work, and fulfillment of such other conditions as are specified in the Contract as required by law.

Work: The provisions of all labor, materials, tolls, equipment and everything needed to successfully complete a project according to the Contract.

2.2 Bid Evaluation: Bids will be evaluated on the Total Bid Amount before applicable Sales Tax. Full responsive and responsibility reviews will be conducted after Bid Opening, therefore the apparent low Bidder at the time of Bid Opening may not necessarily be recommended for Contract Award if they are determined to be non-responsible or their Bid is disqualified as being non-responsive.

Kitsap Transit reserves the right to request additional information from Bidders to further determine responsibility or to clarify items in a Bid.

2.3 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.

2.4 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.

2.5 Bid Modifications: Bidders will not be allowed to alter Bids after the Bid submittal deadline.

Submitted Bids may only be changed if a written request is received by Kitsap Transit before the Bid submittal deadline. Such requests must be signed by an individual authorized to submit Bids on behalf of the company. All modifications shall be made in writing, executed, and submitted in the same form and manner as the original Bid. Nothing in this section shall be construed to permit the Bidder to alter its Bid after it has been submitted pursuant to the terms of this solicitation.

2.6 Bid Withdrawal: No Bidder may withdraw their Bid after the Bid submittal deadline unless 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 a period of sixty (90) 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.

2.7 Bid Extension or Cancellation: Kitsap Transit reserves the right to cancel this solicitation, or extend the Bid submittal deadline or Bid Opening, by written Addendum, at any time before the specified deadline, or in the event only a single Bid or no Bids are received. If a Bidder pursues a protest or a request for reconsideration, its Bid is deemed extended until Kitsap Transit executes the Contract or until the protest or request for reconsideration is withdrawn by the Bidder.

2.8 Errors and Administrative Corrections: Kitsap Transit will not be responsible for any errors in Bids. 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 may waive these irregularities as immaterial. In the event of a discrepancy between the unit price and the extended amount, the unit price will govern. If figures are set forth in both words and numbers and there is a disparity, the words will take precedence over its numerical counterpart.

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 Rejection and Consideration of Bids: Kitsap Transit, in its sole discretion, reserves the right to:

Accept or reject any or all Bids, portions or parts thereof; 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; Republish the call for Bids; Revise or cancel the Work or require the Work to be done in another way; Decline award based on available funding for the Contract; and Award in whole or in part to the lowest responsive and responsible Bidder as best serves the interest of Kitsap Transit. 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.

2.11 Disadvantaged Business Enterprise Goal: The purpose of the Disadvantaged Business Enterprise (DBE) overall goal is to achieve a “level playing field” for ready, willing and able DBE’s seeking to participate in Federally-assisted Contracts. Kitsap Transit’s DBE goal for Federal fiscal year 2026 is 1.98%, the full text of which may be found at:

https://www.kitsaptransit.com/agency-information/procurement

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

2.13 Title VI: It is the policy of KT to assure that no person shall, on the grounds of race, color, national origin, or gender, 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 https://www.kitsaptransit.com/agency-information/procurement federally funded programs and activities. The full text of KT’s Title VI program is available online at:

Kitsap Transit | Kitsap Transit .

2.14 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.

2.15 Bidder Claiming Error Procedure: If a Bidder realizes after Bid Opening that it has made a clerical, administrative or judgment error and wants to be relieved of its Bid obligations, the Bidder must notify Kitsap Transit in writing before 5:00 p.m. on the first business day after Bid Opening. The Bidder shall submit a notarized affidavit, or declaration under penalty of perjury, which is signed by the Bidder and includes a description of the nature of the error, a request to be relieved from the responsibilities of Award, and is accompanied by the Bidder’s original worksheets used in preparing the Bid which demonstrate the error. If Kitsap Transit determines the error allows relief from forfeiture of the Bid Bond, the Bidder will be relieved of any further responsibility and the Bid Bond will be returned. If Kitsap Transit determines the error does not lawfully allow relief, then Award may proceed and if the Bidder refuses to execute the Contract, the Bidder’s Bid Bond shall be forfeited.

Per RCW 39.04.107, the low Bidder claiming error will be prohibited from Bidding on the same project if a second or subsequent call for Bids is made for the project. Kitsap Transit reserves the right to request any Bidder to withdraw an unbalanced Bid.

2.16 Bidder Responsibility Criteria (Mandatory):

A) It is the intent of Kitsap Transit to Award the Contract to the low 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;

(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).

https://www.kitsaptransit.com/

5) Have received training of the requirements related to public works and prevailing wage under this chapter (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).

2.17 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 shall not be listed on the Washington State Department of Revenue’s “Delinquent Taxpayer List” website (for Bidder assistance, the website is currently:

http://dor.wa.gov/content/fileandpaytaxes/latefiling/dtlwest.aspx ), unless accompanied by a written payment plan approved by the Department of Revenue.

B) Reserved

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 during the previous three (3) years 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 shall submit a list of the Public Works projects completed within the previous three (3) years 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 http://dor.wa.gov/content/fileandpaytaxes/latefiling/dtlwest.aspx 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 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 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 within five (5) years of the Bid submittal deadline for this project that demonstrates a pattern of failing to meet the terms of Contracts, unless there are extenuating circumstances 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: Michael Ricketts

Kitsap Transit

60 Washington Ave., Ste. 200

Bremerton, WA 98337-1888

• E-mail: michaelri@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.

2.18 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. Upon receiving Board approval for Award of the Contract, Kitsap Transit will send a Final Notice of Contract Award to all Bidders and post it on the aforementioned website. 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.

2.19 Contract Execution: The Contractor must sign and return all requested documents to Kitsap Transit within ten (10) calendar days of the Award Date. After execution, one (1) original signed Contract will be returned to Kitsap Transit with all requested documents. The Bidder should already have preparations in place with their insurance agent and Surety in order to expedite the required documents. Failure to execute the Contract is the time allotted grants the authority to cancel the Award and move to the next lowest responsive and responsible Bidder.

Kitsap Transit will then issue a Notice to Proceed. The Contractor assumes all risk for any Work begun before receipt of the said notice.

2.20 Bids as Public Record: Except to the extent permitted by Washington State public disclosure laws RCW Chapter 42.56, Kitsap Transit will regard Bids as public records which will be available for public inspection and/or copying following Contract Award, regardless of any markings or notices contained in the Proposal documents. 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 Bidder considers portions of its Bid to be protected under Washington State law, the Bidder shall clearly identify and mark such portions as “CONFIDENTIAL” or “PROPRIETARY” and submit such portions in a sealed envelope, separate from the rest of the Bid. It is not usually reasonable or legally defensible to mark an entire Bid as “confidential” or “proprietary”. Marking the entire Bid as such will not be honored and the Bid may be rejected as non-responsive. Kitsap Transit shall make Bid submittal details available to the public after Contract Award except, to the extent consistent with RCW 42.56 those portions marked “Confidential” according to the above requirement. 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.

2.21 Bid Protests:

Who May Protest or Appeal: A potential bidder demonstrating a substantial economic interest in

Kitsap Transit’s competitive bid process.

Timing of Protest. A protest must be filed within five business days of the award of a contract or notice of apparent successful proposer/bidder, whichever is sooner. All Protests received after these timing requirements will be summarily rejected.

Basis of Protest. Protests must be based on the following criteria:

1. A matter of bias, discrimination, or conflict of interest;

2. Non-compliance with procedures described in the procurement documents; and

3. Error in computing scores.

Protest Form and Content.

1. Protests must be in writing;

2. Protests must be addressed to the Purchasing Coordinator;

3. Protests must clearly articulate specific grounds for the protest and include supporting documentation;

4. Protests must include proposed remedy.

Protest Procedure.

A protest must be filed with Kitsap Transit’s Finance Director within five business days of the award of a contract or notice of apparent successful proposer/bidder, whichever is sooner.

Upon receipt of a timely written protest, the Finance Director will consider the protest in accordance with established procedures and issue a written decision within five business days stating the reasons for the action taken and informing the allegedly aggrieved vendor or service provider (Protesting Vendor) of his/her right to appeal the decision.

Appeal Procedure

An appeal must be filed within five business days of the Finance Director’s decision. The Executive Director will consider the appeal and issue a written decision within ten business days. The Executive Director’s decision of the appeal will be final and conclusive.

Failure to Comply with Requirements

Failure to comply with the protest and appeal requirements will render a protest or an appeal untimely or inadequate and may result in rejection thereof.

Protests to the Federal Transit Administration

The protesting vendor may only appeal to the FTA pursuant to violations of federal law or regulation.

Exhausted Administrative Remedies

A Protesting Vendor may not commence litigation prior to exhausting all administrative remedies. Failure to exhaust all administrative remedies shall constitute an absolute waiver of the Protesting Vendor rights, if any, to commence litigation.

FAILURE OF THE PROTESTOR TO SUBMIT A WRITTEN NOTICE OF PROTEST IN

ACCORDANCE WITH THE SPECIFIED TIMELINES CONTAINED HEREIN SHALL CONSTITUTE

A WAIVER OF ALL RIGHT TO PROTEST.

2.22 Environmental Sustainability Management System Compliance: Kitsap Transit has adopted an environmental policy that requires contractors to support our existing Environmental Sustainability Management System (ESMS). As part of that support, all Contractors Bidding on Kitsap Transit projects must supply a completed Contractor Management Environmental Checklist (Exhibit D) with their bid. Upon award of the contract, a representative of the Awardee must attend thirty (30) minute training at Kitsap Transit’s Charleston Base located at 200 Charleston Blvd Bremerton WA. At the training, the representative will receive a copy of the training and will be responsible for ensuring all of their employees that may work on this project have received the training.

2.23 Insurance Requirements: The Contractor shall, at its sole cost and expense, obtain and maintain during the entire term of this Contract the minimum insurance set forth below. In the event the Contractor is a Joint Venture, these insurance requirements shall apply to each Joint Venture member separately. By requiring such minimum insurance, Kitsap Transit shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract.

The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including without limitation, liability under the indemnity provisions of this Contract. Damages recoverable by Kitsap Transit shall not be limited to the amount of the required insurance coverage.

General Liability: Commercial General Liability for bodily injury including death, personal injury and property damage coverage, with contractual and completed operations endorsements, utilizing insurers and coverage forms acceptable to Kitsap Transit, with a limit of at least $1,000,000 per occurrence, $2,000,000 general aggregate and $2,000,000 products completed operations aggregate limit.

Automobile Liability: Commercial Auto Liability coverage for bodily injury and property damage utilizing insurers and coverage forms acceptable to Kitsap Transit, with a limit of at least $1,000,000 per accident.

Workers Compensation: The Contractor and Subcontractor will secure in accordance with the laws of including U.S. Longshore and Harbor Workers {USL&H} Compensation Act coverage for all work adjacent to maritime facilities. the State(s) of operation, Coverage B-Employers’ Liability Limit $1,000,000 each accident. The Contractor and Subcontractor will be responsible for Workers Compensation insurance for any Subcontractor who provides services under subcontract. If the Contractor and Subcontractor are qualified as a self-insurer under Chapter 51.14 of the Revised Code of Washington, it will so certify to the Owner by submitting a letter signed by a corporate officer, indicating that it is a qualified self-insurer, and setting forth the limits of any policy of excess insurance covering its employees/s.

Certificates and Policies: Prior to commencement of services for this Contract, the Contractor shall provide Kitsap Transit with certificates of insurance showing insurance coverage in compliance with the above Paragraphs. All insurance coverage outlined above shall be written by insurance companies meeting Kitsap Transit's financial security requirements, (A.M. Best's Key Rating A-; VII or higher). Such certificates shall reference the title of this Contract and will state that the Contractor shall provide thirty

(30) calendar days advance written notice to Kitsap Transit in the event the Contractor’s insurance policies are cancelled, not renewed, or materially reduced in coverage. Should the Contractor neglect to obtain and maintain in force any of the insurance required in this Section, Kitsap Transit may suspend or terminate this Contract. Suspension or termination of this Contract shall not relieve the Contractor form insurance obligations hereunder.

Additional Insured Endorsement: General Liability Insurance and Builder’s Risk Insurance must state that Kitsap Transit will be specifically named additional insured(s) for all coverage provided by this policy of insurance and shall be fully and completely protected by this policy from all claims. Language such as the following should be used: Kitsap Transit and its officers, agents, and employees named Additional Insured in respect to Contract KT 26-059 Preventative Maintenance Diving.

Taking into account the Scope of Work and Services to be performed by a Subcontractor, the Contractor shall prudently determine whether, and in what amounts, each Subcontractor shall obtain and maintain public liability, professional liability, and any other insurance coverage. Any insurance required of Subcontractors shall, where appropriate and/or applicable, name Kitsap Transit as an additional insured.

The Contractor and its insurers shall endorse the required insurance policy(ies) to waive their right of subrogation against Kitsap Transit. The Contractor and its insurers also waive their right of subrogation against Kitsap Transit for loss of its owned or leased property or property under its care, custody and control.

No provision in this Section shall be construed to limit the liability of the Contractor for services not done in accordance with the Contract, or express or implied warranties. The Contractor's liability for the services shall extend as far as the appropriate periods of limitation provided by law and up to any legal limits.

The Contractor may obtain any combination of coverage or limits that effectively provides the same or better amounts and types of coverage as stipulated above, subject to review and approval by Kitsap Transit.

The Contractor warrants that this Contract has been thoroughly reviewed by the Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Contract.

Failure of the Protestor to submit a written Notice of Protest in accordance with the specified timelines contained herein shall constitute a waiver of all right to protest.

END OF SECTION 2

IFB KT 26-059 GENERAL PROVISIONS SECTION 3

The following Kitsap Transit General Provisions are complementary to the Special Provisions and to the terms and conditions of the subsequent Contract to be executed between the Parties. Any provision of law, rule, or regulation that is required to be included in this Contract will be read as if in this Contract whether or not physically included.

3.1 CONTRACT DOCUMENTS

A) The Contract Documents are intended to be complementary and prescribe and provide for a complete Work. The Contractor shall furnish all labor, materials, tools, equipment, transportation, supplies, and incidentals required to complete all Work for the items included in the Bid Schedule.

Compensation for the cost of furnishing the foregoing and for full performance of the Work in full conformance with the Contract Documents is included in the Contract Amount.

B) The Contract represents the entire and integrated agreement between Kitsap Transit and the Contractor and sets forth the rights and responsibilities of the parties in accordance with the laws of the State of Washington. Each Contract Document is an essential part of the Contract and a requirement present in one Contract Document is binding as though it was present in all.

Anything mentioned in the Specifications and not shown in the Plans, or shown in the Plans and not mentioned in the Specifications, shall be of like effect as shown or mentioned in both. Any Work, materials or equipment that has not been specifically included in the Contract Documents, but which is reasonably required to produce the intended result shall be provided by the Contractor as though it had been specifically included.

C) Plan Drawings indicate only such details as are necessary to give a comprehensive idea of the Work. The Project Manager, or Engineer, may furnish the Contractor with such additional drawings and clarifications, consistent with the purpose and intent of the Contract Documents, as deemed necessary to detail and illustrate such Work. The Contractor shall conform its Work to such drawings and explanations. The furnishing of such additional drawings or clarifications shall not entitle the Contractor to an increase in the Contract Time or Contract Amount.

D) On the Contract Plan Drawings and Working Drawings figured dimensions govern. Do not scale Drawings.

E) In the case of an inconsistency between Contract Documents, the following order of precedence (from highest to lowest) applies:

• Contract

• Addenda

• IFB Documents

• Specifications

• Drawings

F) Conditions or Work not covered by Specifications may be described in other Contract Documents and shall be performed by the Contractor in accordance therewith and in accordance with the Specifications insofar as applicable. Work required by the Contract Documents for which a separate price is not provided in the Contract Documents shall nevertheless be considered as a part of the Work and all costs of the same are deemed to be included in the Contract Amount.

G) If any parts of the Contract require Work that does not include a description for how the Work is to be performed, the Work shall be performed in accordance with standard trade practice(s). For purposes of the Contract, a standard trade practice is one having such regularity of observance in the trade to justify an expectation that it will be observed by the Contractor in doing the Work.

H) In the event of a conflict between the Contract Documents and applicable laws, codes, ordinances, regulations, or orders of governmental authorities having jurisdiction over the Work or any portion thereof, or in the event of any conflict between such applicable laws, codes, ordinances, regulations or orders, the most stringent requirements shall govern and be considered as a part of this Contract in order to afford Kitsap Transit the maximum benefits thereof.

I) The organization of the Specifications and arrangement of Plans shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of the Work to be performed by any trade. Kitsap Transit assumes no responsibility to act as arbiter in the division and proper coordination of the Work between particular Subcontractors or workers.

3.2 KITSAP TRANSIT – GENERAL RESPONSIBILITIES

A) Kitsap Transit, as Owner, shall designate a representative (“Engineer”) from the Architectural and Engineering (A/E) team who shall be responsible for coordination of communications between the Parties and shall act as a central point of contact for Kitsap Transit. Kitsap Transit shall issue all instructions to the Contractor through the Engineer.

B) The Engineer shall review and determine that the goals, objectives, and scope of this Contract are being met, as well as determining that the Schedule, budget, and funding limitation of this Contract are satisfied. The Engineer will coordinate the input and Work of various governmental agency or department staff, consultants, and contractors as it relates to the Scope of Work of this Contract.

C) The Engineer will review all Working Drawings, product data, samples, or other submittals necessary to determine conformity to the Project scope, design concept and the information provided in the Contract Documents. Neither the Engineer’s review nor approval thereof shall in any way relieve the Contractor from its full responsibility for errors and omissions in the submittals or its obligations under this Contract; nor constitute acceptance by the Engineer of the correctness or adequacy of such submittals; nor constitute a representation or warranty by the Engineer that the Record Drawings will satisfy the requirements of the Contract. The Engineer will not review submittals that depend for their review on other submittals not yet submitted, that are not required by the Contract Documents, or that are not submitted by the Contractor.

D) The Engineer will perform ten (10) on-site visits and related paperwork. The Engineer will promptly observe tests, inspections or approvals required by the Contract Documents and where practicable. The presence of the Engineer, or other Kitsap Transit representative, during the progress of any construction does not relieve the Contractor from responsibility for defects in the Work nor does it bind Kitsap Transit in determining Final Completion of the Work.

E) Kitsap Transit and the Engineer have the authority, but not the obligation, to reject Work that is defective or does not otherwise appear to conform to the Contract Documents. The Engineer may call to the attention of the Contractor Work done or materials furnished which, at any time, is found defective or not in conformance to the Contract Documents; however, the failure of the Engineer to so inform the Contractor shall not constitute approval or acceptance of such defective or non-conforming Work. All defective or non-conforming Work shall be repaired or replaced, as directed by the Engineer, at the Contractor’s risk and expense and shall furnish no basis for an increase in the Contract Amount or Contract Time, even though the Engineer fails to reject such Work or material. The right of Kitsap Transit, or the Engineer, to reject Work shall not create a duty on the part of Kitsap Transit to exercise this right for the benefit of the Contractor or any other person or entity.

F) Nothing in this Section or elsewhere in the Contract Documents shall be construed as requiring Kitsap Transit and the Engineer, or other representative of Kitsap Transit, to: 1) direct or advise the Contractor as to the method or manner of performing the Work or for safety precautions or programs incidental thereto, these being the sole responsibility of the Contractor; and 2) be responsible for the acts or omissions of the Contractor, Subcontractors, lower tier Subcontractors, suppliers, or any of their agents, employees, or any other persons performing a portion of the Work.